60456 Federal Register / Vol. 62, No. 217 / Monday, November 10, 1997 / Rules and Regulations

SUPPLEMENTARY INFORMATION:

History

On March 3, 1997, the FAA proposed

to amend 14 CFR part 71 (part 71) by

redefining that portion of Colored

Federal Airway A–15 beyond the Put

River, AK, NDB (62 FR 9400). The FAA

proposed this action in response to a

July 10, 1996, United States Air Force

(USAF) decommissioning and

subsequent removal of the Oliktok, AK,

NDB.

Interested parties were invited to

participate in this rulemaking

proceeding by submitting written

comments on the proposal to the FAA.

No comments objecting to the proposal

were received. Except for editorial

changes, this amendment is the same as

that proposed in the notice.

Colored Federal airways are

published in paragraph 6009 of FAA

Order 7400.9E, dated September 10,

1997, and effective September 16, 1997,

which is incorporated by reference in 14

CFR 71.1. The Colored Federal airway

listed in this document will be

published subsequently in the Order.

The Rule

This amendment to part 71 modifies

Colored Federal Airway A–15 due to the

decommissioning and subsequent

removal of the Oliktok, AK, NDB from

the NAS by the USAF. The FAA is

taking this action to redefine the

designation of A–15 by removing that

portion of the route beyond the Put

River, AK, NDB.

The FAA has determined that this

regulation only involves an established

body of technical regulations for which

frequent and routine amendments are

necessary to keep them operationally

current. Therefore, this regulation—(1)

is not a ‘‘significant regulatory action’’

under Executive Order 12866; (2) is not

a ‘‘significant rule’’ under DOT

Regulatory Policies and Procedures (44

FR 11034; February 26, 1979); and (3)

does not warrant preparation of a

regulatory evaluation as the anticipated

impact is so minimal. Since this is a

routine matter that will only affect air

traffic procedures and air navigation, it

is certified that this rule will not have

a significant economic impact on a

substantial number of small entities

under the criteria of the Regulatory

Flexibility Act.

List of Subjects in 14 CFR Part 71

Airspace, Incorporation by reference,

Navigation (air).

Adoption of the Amendment

In consideration of the foregoing, the

Federal Aviation Administration

amends 14 CFR part 71, as follows:

PART 71—DESIGNATION OF CLASS A,

CLASS B, CLASS C, CLASS D, AND

CLASS E AIRSPACE AREAS;

AIRWAYS; ROUTES; AND REPORTING

POINTS

1. The authority citation for part 71

continues to read as follows:

Authority: 49 U.S.C. 106(g), 40103, 40113,

40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959–

1963 Comp., p. 389.

§ 71.1 [Amended]

2. The incorporation by reference in

14 CFR 71.1 of the Federal Aviation

Administration Order 7400.9E, Airspace

Designations and Reporting Points,

dated September 10, 1997, and effective

September 16, 1997, is amended as

follows:

Paragraph 6009(c)—Amber Federal Airways

* * * * *

A–15 [Revised]

From Ethelda, BC, Canada, NDB via

Nichols, AK, NDB; Sumner Strait, AK, NDB;

Coghlan Island, AK, RBN; Haines, AK, RBN;

Burwash, YT, Canada, RBN; Nabesna, AK,

NDB; to Delta Junction, AK, NDB. From

Chena, AK, NDB; via Chandalar Lake, AK,

NDB; Put River, AK, NDB. The airspace

within Canada is excluded (joins Canadian

Jet Route J–502).

* * * * *

Issued in Washington, DC, on October 27,

1997.

John S. Walker,

Program Director for Air Traffic Airspace

Management.

[FR Doc. 97–29575 Filed 11–7–97; 8:45 am]

BILLING CODE 4910–13–U

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 73

[Airspace Docket No. 97–ASW–15]

RIN 2120–AA66

Change Using Agency for Restricted

Areas R–5107B and J, White Sands

Missile Range, NM, and R–5111D,

Elephant Butte, NM

AGENCY: Federal Aviation

Administration (FAA), DOT.

ACTION: Final rule.

SUMMARY: This action changes the using

agency for Restricted Areas 5107B (R–

5107B) and R–5107J, White Sands

Missile Range, NM, and R–5111D,

Elephant Butte, NM, from ‘‘Deputy for

Air Force, White Sands Missile Range,

NM 88002’’ to ‘‘Commanding General,

White Sands Missile Range, NM.’’ This

is an administrative change that was

initiated by the U.S. Army to reflect the

current organization at White Sands.

There are no changes to the boundaries,

designated altitudes, times of

designation, or activities conducted

within the affected restricted areas.

EFFECTIVE DATE: 0901 UTC, January 1,

1998.

FOR FURTHER INFORMATION CONTACT:

Steve Brown, Airspace and Rules

Division, ATA–400, Office of Air Traffic

Airspace Management, Federal Aviation

Administration, 800 Independence

Avenue, SW., Washington, DC 20591;

telephone: (202) 267–8783.

SUPPLEMENTARY INFORMATION:

The Rule

This action amends 14 CFR part 73 by

changing the using agency for R–5107B

and R–5107J, White Sands Missile

Range, NM, and R–5111D, Elephant

Butte, NM, from ‘‘Deputy for Air Force,

White Sands Missile Range, NM 88002’’

to ‘‘Commanding General, White Sands

Missile Range, NM.’’ This is an

administrative change that was initiated

by the U.S. Army to reflect the current

organization at White Sands.

This administrative change will not

alter the existing boundaries, altitudes,

times of designation, or the activities

conducted within the affected restricted

areas. Therefore, I find that notice and

public procedure under 5 U.S.C. 553(b)

are unnecessary because this action is a

minor technical amendment in which

the public would not be particularly

interested.

Section 73.51 of part 73 was

republished in FAA Order 7400.8D,

dated July 11, 1996.

The FAA has determined that this

regulation only involves an established

body of technical regulations for which

frequent and routine amendments are

necessary to keep them operationally

current. It, therefore—(1) is not a

‘‘significant regulatory action’’ under

Executive Order 12866; (2) is not a

‘‘significant rule’’ under DOT

Regulatory Policies and Procedures (44

FR 11034; February 26, 1979); and (3)

does not warrant preparation of a

regulatory evaluation as the anticipated

impact is so minimal. Since this is a

routine matter that will only affect air

traffic procedures and air navigation, it

is certified that this rule will not have

a significant economic impact on a

substantial number of small entities

under the criteria of the Regulatory

Flexibility Act.
Federal Register / Vol. 62, No. 217 / Monday, November 10, 1997 / Rules and Regulations 60457

Environmental Review

This action changes the using agency

of the restricted areas. There are no

changes to the existing boundaries,

altitudes, times of designation, or the

activities conducted within the affected

restricted areas. Accordingly, the FAA

has determined that this action is not

subject to environmental assessments

and procedures in accordance with FAA

Order 1050.1D, ‘‘Policies and

Procedures for Considering

Environmental Impacts,’’ and the

National Environmental Policy Act.

List of Subjects in 14 CFR Part 73

Airspace, Navigation (air).

Adoption of the Amendment

In consideration of the foregoing, the

Federal Aviation Administration

amends 14 CFR part 73 as follows:

PART 73—SPECIAL USE AIRSPACE

1. The authority citation for part 73

continues to read as follows:

Authority: 49 U.S.C. 106(g), 40103, 40113,

40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959–

1963 Comp., p. 389.

§ 73.51 [Amended]

2. § 73.51 is amended as follows:

* * * * *

R–5107B White Sands Missile Range,

NM [Amended]

By removing the current ‘‘Using

agency. Deputy for Air Force, White

Sands Missile Range, NM 88002,’’ and

substituting ‘‘Using agency.

Commanding General, White Sands

Missile Range, NM.’’

* * * * *

R–5107J White Sands Missile Range,

NM [Amended]

By removing the current ‘‘Using

agency. Deputy for Air Force, White

Sands Missile Range, NM 88002,’’ and

substituting ‘‘Using agency.

Commanding General, White Sands

Missile Range, NM.’’

* * * * *

R–5111D Elephant Butte, NM

[Amended]

By removing the current ‘‘Using

agency. Deputy for United States Air

Force, White Sands Missile Range, NM

88002,’’ and substituting ‘‘Using agency.

Commanding General, White Sands

Missile Range, NM.’’

* * * * *

Issued in Washington, DC, on October 29,

1997.

Reginald C. Matthews,

Acting Program Director for Air Traffic

Airspace Management.

[FR Doc. 97–29574 Filed 11–7–97; 8:45 am]

BILLING CODE 4910–13–P

DEPARTMENT OF THE INTERIOR

Office of the Secretary

43 CFR Part 11

RIN 1090–AA21 & 1090–AA23

Natural Resource Damage

Assessments—Type A Procedures

AGENCY: Department of the Interior.

ACTION: Final rule: correcting

amendments.

SUMMARY: On May 7, 1996, the

Department of the Interior published a

final rule establishing two simplified, or

‘‘type A,’’ procedures for assessing

natural resource damages under the

Comprehensive Environmental

Response, Compensation, and Liability

Act. 61 FR 20559. Those procedures

incorporated two computer models.

This rule makes several technical

corrections to those models.

DATES: This final rule is effective

November 10, 1997. The incorporation

by reference listed in this rule was

approved by the Director of the Federal

Register and is effective November 10,

1997.

FOR FURTHER INFORMATION CONTACT:

David Rosenberger at (202) 208–3301.

Interested parties may obtain copies of

the computer models and supporting

documentation free of charge from the

Department through February 27, 1998,

and thereafter for a fee from the

National Technical Information Service,

5285 Port Royal Road, Springfield, VA

22161, ph: (703) 487–4650. The models

are also on the Internet at http://

www.doi.gov/oepc/oepcbb.html.

SUPPLEMENTARY INFORMATION:

Background

The Comprehensive Environmental

Response, Compensation, and Liability

Act, as amended (42 U.S.C. 9601 et seq.)

(CERCLA) provides that certain

categories of persons, known as

potentially responsible parties (PRPs),

are liable for natural resource damages

resulting from a release of a hazardous

substance. CERCLA sec. 107(a). Natural

resource damages are monetary

compensation for injury to, destruction

of, or loss of natural resources. CERCLA

sec. 107(a)(4)(C). Only those Federal,

State, and Indian tribe officials

designated as natural resource trustees

may recover natural resource damages.

CERCLA requires the President to

promulgate regulations for the

assessment of natural resource damages

resulting from hazardous substance

releases. CERCLA sec. 301(c). The

President delegated the responsibility

for promulgating these regulations to the

Department. E.O. 12316, as amended by

E.O. 12580. CERCLA requires that the

natural resource damage assessment

regulations include two types of

assessment procedures. ‘‘Type A’’

procedures are ‘‘standard procedures for

simplified assessments requiring

minimal field observation.’’ CERCLA

sec. 301(c)(2)(A). ‘‘Type B’’ procedures

are ‘‘alternative protocols for conducting

assessments in individual cases.’’

CERCLA sec. 301(c)(2)(B). Both types of

procedures are codified at 43 CFR part

11.

On May 7, 1996, the Department

published a final rule that revised an

existing type A procedure for assessing

natural resource damages from minor

releases in coastal areas and established

an additional type A procedure for

minor releases in the Great Lakes.

Trustees obtain a rebuttable

presumption in litigation for damages,

up to $100,000, calculated in

accordance with those procedures. Both

procedures incorporate computer

models. The type A procedure for

coastal areas incorporates the Natural

Resource Damage Assessment Model for

Coastal and Marine Environments

(NRDAM/CME) and the type A

procedure for Great Lakes incorporates

the Natural Resource Damage

Assessment Model for Great Lakes

Environments (NRDAM/GLE). The

regulations identify the conditions

under which trustees may use the

models. 43 CFR 11.34.

Trustees must supply a number of

data inputs to operate the NRDAM/CME

and the NRDAM/GLE. After trustees

supply the data inputs, the models

themselves perform the remaining

calculations necessary to establish if

there has been an injury, quantify the

extent of injury, estimate the cost of

restoration actions, and value economic

losses.

Programming Errors

The May 7, 1996, rule incorporated

Version 2.4 of the NRDAM/CME and

Version 1.4 of the NRDAM/GLE. Since

the publication of that rule, the

Department has identified six

programming errors in those versions of

the models.

First, the models were designed to

include in the damage figure the cost of