[Federal Register Volume 66, Number 194 (Friday, October 5, 2001)]
[Proposed Rules]
[Page 50919]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-24920]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

15 CFR Part 990

[Docket No: 990608154-9154-01]
RIN 0648-AO36


Natural Resource Damage Assessments

AGENCY: National Oceanic and Atmospheric Administration (NOAA), 
Commerce.

ACTION: Proposed rule: amendments; reopening of comment period.

-----------------------------------------------------------------------

SUMMARY: On January 5, 1996, the National Oceanic and Atmospheric 
Administration (NOAA) promulgated final regulations for the assessment 
of natural resource damages pursuant to section 1006(e)(1) of the Oil 
Pollution Act of 1990. The final regulations were challenged, pursuant 
to section 1017(a) of OPA. On November 18, 1997, the U.S. Court of 
Appeals for the District of Columbia Circuit issued a ruling on the 
final regulations (General Electric Co., et al., v. Commerce, 128 F.3d 
767 (D.C. Cir. 1997)). NOAA proposed amendments to the final 
regulations that address the Court's remand as well as other clarifying 
and technical issues (66 FR 39464). Today's notice reopens and extends 
the comment period on the proposed amendments by thirty (30) calendar 
days.

DATES: Written comments must be received no later than November 5, 
2001.

ADDRESSES: Written comments are to be submitted to: Eli Reinharz, c/o 
Office of General Counsel/Natural Resources, 1315 East-West Highway, 
Room #15132, Silver Spring, MD 20910.

FOR FURTHER INFORMATION CONTACT: Eli Reinharz, 301-713-3038, ext. 193 
(FAX: 301-713-4387; e-mail: [email protected]), or Linda 
Burlington, 301-713-1332 (FAX: 301-713-1229; e-mail: 
[email protected]).

SUPPLEMENTARY INFORMATION: On July 31, 2001 (61 FR 39464), NOAA 
published proposed amendments to the final regulations for the 
assessment of natural resource damages as required by the Oil Pollution 
Act of 1990. General Electric and other industry groups challenged the 
final regulations pursuant to section 1017(a) of OPA. On November 18, 
1997, the U.S. Court of Appeals for the District of Columbia Circuit 
issued a ruling on the final regulations (General Electric Co., et al., 
v. Commerce, 128 F.3d 767 (D.C. Cir. 1997)). The Court remanded to NOAA 
for further agency decisionmaking: (1) authorization for the removal of 
residual oil; and (2) the scope of authorization for recovery of legal 
costs. NOAA also proposed clarifying and technical amendments in other 
parts of the regulations.
    NOAA requested comments to its proposed amendments by September 29, 
2001. NOAA has received requests to extend the comment period on the 
proposed amendments. Since NOAA wants to encourage a thorough and 
thoughtful review of all components of the proposed amendments, the 
comment period is being reopened and extended an additional thirty (30) 
calendar days.

    Dated: September 28, 2001.
Jamison S. Hawkins,
Deputy Assistant Administrator for Ocean Services and Coastal Zone 
Management.
[FR Doc. 01-24920 Filed 10-4-01; 8:45 am]
BILLING CODE 3510-JE-P