Natural Resource Damage Assessments

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

15 CFR Part 990

RIN 0648-AE13

Natural Resource Damage Assessments

AGENCY: National Oceanic and Atmospheric Administration (NOAA),

Commerce.

ACTION: Proposed rule; extension of comment period.

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SUMMARY: Section 1006(e)(1) of the Oil Pollution Act of 1990 (OPA)

requires the President, acting through the Under Secretary for Oceans

and Atmosphere to promulgate regulations for the assessment of natural

resource damages resulting from the discharge of oil. The National

Oceanic and Atmospheric Administration (NOAA) proposed those

regulations on January 7, 1994 (59 FR 1062). In response to comments

and numerous requests NOAA extended the comment period from April 7,

1994 to July 7, 1994. (59 FR 9688) Today's Notice further extends the

comment period on the proposed rule to October 7, 1994.

DATES: Written comments should be received no later than October 7,

1994.

ADDRESSES: Written inquiries are to be submitted to: Damage Assessment

Regulations Team (DART), c/o NOAA/DAC, 1305 East-West Highway, SSMC #4,

10th Floor, Workstation #10218, Silver Spring, MD 20910.

FOR FURTHER INFORMATION CONTACT: Linda Burlington or Karl Gleaves,

Office of General Counsel, DART, telephone 202-606-8000; FAX: 202-606-

4900.

SUPPLEMENTARY INFORMATION:

1. Background

On January 7, 1994 (59 FR 1062), NOAA published a notice of

proposed rulemaking concerning the natural resource damage assessment

and restoration regulations required by the Oil Pollution Act of 1990.

NOAA requested comments, recommendations, and technical information

concerning appropriate assessment procedures and the overall assessment

process. NOAA also announced a series of regional meetings to discuss

and solicit comments on the proposed rule (59 FR 1189). On March 1,

1994, NOAA extended the comment period to July 7, 1994 (59 FR 9688).

Through today's Notice, NOAA announces a further extension of the

comment period to October 7, 1994. A summary of information gathered at

the previously announced regional meetings and specific issues on which

NOAA seeks further comment will appear in a future Notice.

II. Comment Period for Proposed Rule

Since its first extension of time for public comment from April 7,

1994 to July 7, 1994, NOAA has received numerous requests from States

and other interested parties to extend the comment period for the

proposed rule. As in the previous extension requests, most requesters

need more time to review the compensation formulas and its supporting

documentation. In addition, some requesters need additional time to

review the body of literature supporting NOAA's proposal for the use of

contingent valuation.

NOAA is dedicated to encouraging a thorough and thoughtful review

of all components of the proposed rule, and in particular review and

comment on the proposed compensation formulas and the economic

methodology for estimating lost nonuse values known as contingent

valuation. Therefore, the comment period for the proposed rule on

natural resource damage assessment under the OPA is extended for ninety

days. Comments on the proposed rule are now due on or before October 7,

1994.

NOAA is coordinating its rulemaking with a rulemaking being

conducted by the Department of the Interior (DOI). DOI has published a

proposed natural resource damage assessment rule 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.). (59 FR 23097) In a separate Notice in today's

Federal Register, DOI is announcing the extension of the comment period

on its proposed rule. The standards proposed for the assessment of lost

nonuse values contained in DOI's proposed rule are identical to those

proposed by NOAA. Commenters on NOAA's proposed standards for use of

the economic methodology known as contingent valuation are encouraged

to submit copies of their comments both to NOAA, at the address

provided at the beginning of this Notice, and to DOI at the address

specified in its notice appearing elsewhere in today's Federal

Register.

Authority: Sec. 1006(e), Pub. L. 101-380, 33 U.S.C. 2701 et seq.

Dated: June 17, 1994.

Douglas K. Hall,

Assistant Secretary for Oceans and Atmosphere, National Oceanic and

Atmospheric Administration.

[FR Doc. 94-15191 Filed 6-21-94; 8:45 am]

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