[Federal Register Volume 59, Number 5 (Friday, January 7, 1994)] [Proposed Rules] [Pages 1190-1191] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 94-227] [[Page Unknown]] [Federal Register: January 7, 1994] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE 15 CFR Part 990 Natural Resource Damage Assessments AGENCY: National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice of cooperative prespill planning. ----------------------------------------------------------------------- SUMMARY: The National Oceanic and Atmospheric Administration (NOAA) wishes to announce that, in conjunction with the American Petroleum Institute and Coastal States Organization, six regional workshops are being co-sponsored to allow industry and trustees to begin planning for cooperative natural resource damage assessments. These planning sessions will be held immediately following the six regional public meetings being held by NOAA on the proposed natural resource damage assessment regulations, which are published in a separate notice in this issue of the Federal Register. Participation in the workshops will be limited to specific individuals to allow for meaningful discussions. However, these meetings will be open to others interested in observing the process. Those interested in more information should contact one of the organizations listed below. 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: Doug Helton, NOAA, 301-713-3038, ext. 197; Grayson Cecil, American Petroleum Institute, 703-464-9664; Ray Perry, Coastal States Organization, 202-508-3860. SUPPLEMENTARY INFORMATION: In the event of an oil spill, the Oil Pollution Act of 1990 (OPA), 33 U.S.C. 2701 et seq., provides that federal, state, Indian tribal and/or foreign natural resource trustees may determine natural resource injuries, assess natural resource damages, present a claim, recover damages, and develop and implement a plan for the restoration, rehabilitation, replacement, or acquisition of the equivalent of the injured natural resources and their services under their trusteeship. NOAA was directed by Congress to promulgate regulations for the assessment of natural resource damages resulting from a discharge of oil. In order to foster cooperation between trustees and industry in damage assessments, a series of six prespill planning workshops will be held in 1994, following each of the NOAA regional rulemaking meetings described in a separate notice in today's Federal Register. The locations and schedules for these workshops as well as the NOAA regulation review meetings are as follows: ------------------------------------------------------------------------ NOAA review Planning Location meeting workshop ------------------------------------------------------------------------ New Orleans, LA......................... Jan. 10-11 Jan. 11-12 Chicago, IL............................. Jan. 12-13 Jan. 13-14 Atlanta, GA............................. Jan. 24-25 Jan. 25-26 Boston, MA.............................. Jan. 26-27 Jan. 27-28 San Francisco, CA....................... Feb. 7-8 Feb. 8-9 Seattle, WA............................. Feb. 9-10 Feb. 10-11 ------------------------------------------------------------------------ These sessions will be limited to people from the trustee and industry communities who are familiar with natural resource damage assessment issues and are prepared to represent the views of their government or organization. However, these meetings will be open to others interested in observing the process. The co-sponsors believe that the workshops will be a positive first step toward producing agreed upon ground rules for cooperative natural resource damage assessments. By the same token, they recognize that much will remain to be done afterward. To make cooperative natural resource damage assessment a reality, follow-up efforts will be required. The central premise of these workshops is that a cooperative approach to damage assessment, as opposed to an adversarial one, will benefit both trustees and industry and will lead to earlier restoration of the injured resources. However, because there is no statutory mandate to plan for cooperative damage assessments in OPA, development of such a process will have to proceed from a realization by both industry and trustees that the alternative of costly litigation is both inefficient and ineffective. In the exigency of an oil spill, often the best intentions of trustees and responsible parties are waylaid by the need for hurried decisions. It is more productive to approach a spill with a vigorous plan for cooperation between trustees and responsible parties. If, in the event of a spill, the representatives of the parties have met beforehand and, even tentatively, considered the ground rules for working cooperatively in a scientific investigation aimed toward early recovery of the environment, there is a significantly better chance that litigation can be avoided. Such an approach must involve the planning and development of a model for cooperation before the time of an oil spill, a model that can be applied across the nation. The workshops will consider the draft documents necessary to develop such a model. Dated: December 30, 1993. Katharine W. Kimball, Deputy Assistant Secretary for Oceans and Atmosphere. [FR Doc. 94-227 Filed 1-4-94; 8:45 am] BILLING CODE 3510-12-P