[Federal Register Volume 60, Number 25 (Tuesday, February 7, 1995)]
[Proposed Rules]
[Pages 7155-7156]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-3024]



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DEPARTMENT OF THE INTERIOR
43 CFR Part 11

RIN 1090-AA23


Natural Resource Damage Assessments: Type A Procedure for Coastal 
and Marine Environments

AGENCY: Department of the Interior.

ACTION: Proposed rule; extension of comment period.

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SUMMARY: On December 8, 1994, the Department of the Interior issued a 
notice of proposed rulemaking (59 FR 63300) to revise the natural 
resource damage assessment regulations. The natural resource damage 
assessment regulations establish procedures for assessing damages for 
injury to natural resources resulting from a discharge of oil into 
navigable waters under the Clean Water Act, or a release of a hazardous 
substance under the Comprehensive Environmental Response, Compensation, 
and Liability Act. The December 8, 1994, notice proposed revisions to a 
simplified ``type A'' procedure for assessing damages from relatively 
minor discharges or releases in coastal and marine environments. The 
Department is extending the period for comment on the proposed rule and 
making it coextensive with the comment period for a similar proposed 
type A procedure for Great Lakes environments.

DATES: Comments will be accepted through July 6, 1995.

ADDRESSES: Comments should be sent in duplicate to the Office of 
Environmental Policy and Compliance, ATTN: NRDA Rule--CME, Room 2340, 
Department of the Interior, 1849 C Street, NW, Washington, DC 20240 
(regular business hours 7:45 a.m. to 4:15 p.m., Monday through Friday).

FOR FURTHER INFORMATION CONTACT: Stephen F. Specht at (202) 208-3301, 
or [email protected] on Internet.

SUPPLEMENTARY INFORMATION: The natural resource damage assessment 
regulations establish procedures that Federal, State, and Tribal 
natural resource trustees may use to obtain compensation from liable 
parties for natural resource injuries under the Comprehensive 
Environmental Response, Compensation, and Liability Act, as amended (42 
U.S.C. 9601 et seq.) and the Clean Water Act, as amended (33 U.S.C. 
1251 et seq.). The regulations provide an administrative process for 
conducting assessments as well as two types of technical procedures for 
the actual determination of injuries and damages. ``Type A'' procedures 
are standard procedures for simplified assessments requiring minimal 
field [[Page 7156]] observation in cases of minor discharges or 
releases in certain environments. ``Type B'' procedures are site-
specific procedures for detailed assessments in other cases.
    On December 8, 1994, the Department published a proposed rule to 
revise an existing type A procedure for coastal and marine 
environments. 59 FR 63300. The proposed revised type A procedure for 
coastal and marine environments incorporates a computer model called 
the Natural Resource Damage Assessment Model for Coastal and Marine 
Environments Version 2.2 (NRDAM/CME). The comment period on the 
December 8, 1994, proposed rule was originally set to close on February 
6, 1995.
    The Department has received numerous requests for additional time 
to comment on the proposed type A procedure for coastal and marine 
environments. The requesters have emphasized the large volume of 
technical documentation accompanying the NRDAM/CME, all of which is 
subject to public review and comment. Some requesters are assembling 
multidisciplinary teams to assist in the review of the model and 
associated databases. The Department appreciates the level of technical 
review that is underway and agrees with the requesters that extending 
the time for public review and comment on the proposed rule is 
appropriate.
    Furthermore, on August 8, 1994, the Department published a proposed 
rule to amend the natural resource damage assessment regulations to 
include an additional type A procedure for assessing damages in Great 
Lakes environments. 59 FR 40319. The proposed type A procedure 
incorporates a computer model, called the Natural Resource Damage 
Assessment Model for Great Lakes Environments Version 1.31 (NRDAM/GLE), 
that uses the same computer modelling approach as the proposed revised 
NRDAM/CME. The comment period on the August 8, 1994, proposed rule was 
originally set to close on November 7, 1994, but was extended through 
February 6, 1995. 59 FR 54877 (November 2, 1994).
    A number of commenters have noted the structural similarities 
between the proposed NRDAM/CME and the proposed NRDAM/GLE and have 
requested that they be allowed to review the two type A procedures 
concurrently. Although the proposed NRDAM/CME and the proposed NRDAM/
GLE incorporate distinct geographic databases and information, there 
are substantial similarities between the two proposed rules and 
computer models. Therefore, the Department has decided to allow for 
concurrent public review of the two proposed models and consolidated 
consideration of the comments received on the proposed rules. In a 
separate notice appearing elsewhere in today's Federal Register, the 
Department is extending the comment period for the proposed type A 
procedure for Great Lakes through July 6, 1995, to make it coextensive 
with the extended comment period for the proposed type A procedure for 
coastal and marine environments. Any comment that is submitted on only 
one of the proposed rules but that is relevant to both rules will be 
considered in both rulemakings.

    Dated: February 2, 1995.
Bonnie R. Cohen,
Assistant Secretary--Policy, Management, and Budget.
[FR Doc. 95-3024 Filed 2-6-95; 8:45 am]
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