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

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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