[Federal Register Volume 60, Number 102 (Friday, May 26, 1995)]
[Proposed Rules]
[Pages 27948-27954]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-12964]



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DEPARTMENT OF TRANSPORTATION
Research and Special Programs Administration

49 CFR Part 195

[Docket PS-140]
RIN 2137-AC34


Areas Unusually Sensitive to Environmental Damage

AGENCY: Research and Special Programs Administration (RSPA), DOT.

ACTION: Public workshop notice.

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SUMMARY: RSPA invites industry, State and local government 
representatives and the public to a workshop on unusually sensitive 
environmental areas. The workshop's purpose is to openly discuss the 
criteria being considered by RSPA to determine areas unusually 
sensitive to environmental damage from a hazardous liquid pipeline 
release. The criteria are needed to carry out statutory requirements.

DATES: The workshop will be held on June 15, 1995 from 8:30 a.m. to 4 
p.m. and on June 16, 1995 from 8:30 a.m. to 12 p.m. Persons who want to 
participate in the workshop should call (703) 267-3666 or e-mail their 
name, affiliation, and phone number to <a href="/cdn-cgi/l/email-protection#5e343c2b2d3f283f391e293f323d313838703d3133"><span class="__cf_email__" data-cfemail="9bf1f9eee8faedfafcdbecfaf7f8f4fdfdb5f8f4f6">[email protected]</span></a> as space is 
limited. Persons who are unable to attend may submit written comments 
in duplicate by June 26, 1995. Interested persons should submit as part 
of their written comments all material that is relevant to a statement 
of fact or argument.

ADDRESSES: The workshop will be held at the U.S. Department of 
Transportation, Nassif Building, 400 Seventh Street SW., Room 2230, 
Washington, DC. Non-federal employee visitors are admitted into the DOT 
headquarters building through the southwest entrance at Seventh and E 
Streets, SW.
    Written comments must be submitted in duplicate and mailed or hand 
delivered to the Dockets Unit, Room 8421, U.S. Department of 
Transportation, 400 Seventh Street, SW., Washington, DC 20590-0001. 
Please refer to the docket and notice numbers stated in the heading of 
this notice.
    All comments and materials cited in this document will be available 
for inspection and copying in Room 8421 between 8:30 a.m. and 4:30 p.m. 
each business day. A transcript of the workshop will be available from 
the Dockets Unit about three weeks after the workshop.

FOR FURTHER INFORMATION CONTACT: Christina Sames, (202) 366-4561, about 
[[Page 27949]] this document, or the Dockets Unit, (202) 366-5046, for 
copies of this document or other materials in the docket.
SUPPLEMENTARY INFORMATION:

49 U.S.C. 60109 and 60102

    49 U.S.C. 60109 requires the Secretary of Transportation 
(Secretary) to:
    <bullet> Consult with the Environmental Protection Agency (EPA) and 
describe areas that are unusually sensitive to environmental damage if 
there is a hazardous liquid pipeline accident, and
    <bullet> Establish criteria for identifying each hazardous liquid 
pipeline facility and gathering line, whether otherwise subject to 
regulation, located in an area unusually sensitive to environmental 
damage in the event of a pipeline accident.
    In describing areas that are unusually sensitive to environmental 
damage, the Secretary is to consider:
    <bullet> Earthquake zones and areas subject to substantial ground 
movements, such as landslides;
    <bullet> Areas where ground water contamination would be likely if 
a pipeline facility ruptures;
    <bullet> Freshwater lakes, rivers, and waterways; and
    <bullet> River deltas and other areas subject to soil erosion or 
subsidence from flooding or other water action, where pipeline 
facilities are likely to be exposed or undermined.
    Identification of these unusually sensitive environment areas will 
be used by RSPA in future rulemakings that are directed at such areas. 
For instance, 49 U.S.C. 60109 (a)(2) directs the Secretary to require 
operators to identify unusually sensitive environmental areas through 
maps and pipeline inventories. 49 U.S.C. 60102(f)(2) requires the 
Secretary to require each pipeline in an unusually sensitive 
environmental area to be inspected periodically and to prescribe when 
an instrumented internal inspection device should be used to inspect 
the pipeline.

Purpose of Workshop

    The purpose of the public workshop is for RSPA and participants to 
interactively discuss areas unusually sensitive to environmental damage 
from a hazardous liquid pipeline release and will focus on the 
following:
    1. How to establish criteria which will narrow the number of 
unusually sensitive environmental areas for pipeline safety purposes.
    2. How to establish a process which operators can use to identify, 
using readily available data, which of their pipeline facilities are 
located in an unusually sensitive environmental area.
    3. How can RSPA and other Federal and State agencies facilitate the 
identification of pipeline facilities in unusually sensitive 
environmental areas in a timely and cost beneficial manner.

Problem

    There is not a national process to define environmentally sensitive 
areas for Federal, State, and local governments. Many Federal, State, 
and local laws refer to environmentally sensitive areas for protection 
from various actions. The environmentally sensitive area definitions 
these government agencies have created could be interpreted to include 
most of the United States.
    To meet the intent of 49 U.S.C. 60109 without creating an undue 
burden on the pipeline industry, RSPA believes a narrow, risk-based 
definition for unusually sensitive areas is required. Therefore, RSPA 
is considering an approach that builds on values other Federal agencies 
have established for activities required under the Oil Pollution Act of 
1990, but that more narrowly identifies areas that are unusually 
sensitive to environmental damage from a hazardous liquid pipeline 
release.
    RSPA believes operators should be given credit for equipping their 
pipeline systems to quickly detect and respond to a hazardous liquid 
release. RSPA also believes operators should be allowed to determine 
the areas that could reasonably be expected to be significantly 
affected if there were a hazardous liquid release from their pipeline. 
Therefore, RSPA is considering including only those areas where a 
release of hazardous liquid would reach the area before the release was 
contained or before the area was protected as unusually sensitive to 
environmental damage from a hazardous liquid pipeline release.
    To establish clear priorities for protecting a large number of 
areas, RSPA is considering three tiers of unusually sensitive areas. 
Tier One, areas that could affect human health if contaminated, would 
be considered the most sensitive and the highest priority areas. Tier 
Two, unusually sensitive areas along surface water, would be the second 
highest priority. Tier Three, unusually sensitive areas within 
terrestrial environments, would be the third highest priority. RSPA 
believes the three tiers could be phased in to give operators more time 
to determine the unusually sensitive areas that could be affected by a 
hazardous liquid pipeline release. This will reduce the burden on 
industry and will give RSPA time to work with other government agencies 
to help determine unusually sensitive areas.
    The following explains the criteria under each of the tiers being 
considered for identifying areas unusually sensitive to environmental 
damage from a hazardous liquid pipeline release. RSPA invites 
discussion on all topics addressed in this public workshop notice.

1. Tier One: Areas That Could Affect Human Health if Contaminated

A. Intakes for Community Drinking Water Systems

    Public safety is RSPA's number one concern. A hazardous liquid 
pipeline failure can threaten human health if the hazardous liquid 
enters a community's drinking water system. Therefore, intakes for 
community water systems, as defined in the Safe Drinking Water Act 
regulations, 40 CFR 141.2, that a hazardous liquid pipeline accident 
could reasonably be expected to affect, are the highest priority in the 
definition being considered.
    The potential risk to a community water system is greatly reduced 
when a pipeline system is equipped to quickly detect and respond to a 
hazardous liquid release. A pipeline system's ability to contain a 
hazardous liquid release before the liquid reaches a community water 
system intake greatly minimizes the contamination risk. Prompt 
detection of a hazardous liquid release and prompt notification of 
water authorities allows for the shut down of the community water 
intakes that could reasonably be expected to be affected until the 
danger of hazardous liquid contamination passes. Therefore, only 
community water system intakes where water currents, topography, or 
other factors could carry a hazardous liquid release to the community 
water intake zone before the hazardous liquid is contained or before 
the community water system intake is closed would be considered 
unusually sensitive environmental areas.

B. Sole Source Aquifers

    EPA defines a sole source aquifer as one that supplies at least 
half of the drinking water consumed in the area above the aquifer. EPA 
guidelines state that designated sole source aquifer areas have no 
alternative sources or combination of sources that could physically, 
legally, and economically supply all those who get their drinking water 
from the aquifer.
    A hazardous liquid pipeline failure can threaten human health if 
the hazardous liquid enters a sole source aquifer. Therefore, RSPA 
believes that [[Page 27950]] EPA designated sole source aquifers should 
be considered when determining areas unusually sensitive to 
environmental damage from a hazardous liquid pipeline accident.
    RSPA realizes that not all sole source aquifers could reasonably be 
expected to be significantly affected by a hazardous liquid pipeline 
accident. A hazardous liquid release's ability to affect a sole source 
aquifer will depend on many factors, including the aquifer's depth, the 
soil's permeability, the geologic formations surrounding the aquifer, 
and the amount of hazardous liquid that could be discharged. RSPA 
believes that only sole source aquifers that a hazardous liquid 
pipeline accident could reasonably be expected to significantly affect 
should be considered areas unusually sensitive to environmental damage 
from a hazardous liquid pipeline accident.

2. Tier Two: Unusually Sensitive Areas Along Surface Water

    Surface water will carry a discharge from a hazardous liquid 
pipeline to community drinking water systems and to other areas 
unusually sensitive to environmental damage. Because surface water 
covers a large portion of the United States and not all areas in a body 
of water and along the water's edge have the same environmental 
sensitivity, RSPA is considering a risk-based approach to identify the 
areas along surface water that are unusually sensitive to environmental 
damage from a hazardous liquid pipeline release. In order to prioritize 
areas of greatest environmental concern, this approach takes into 
account the surface water habitat's natural ability to restore itself 
to the condition that existed before the release, and the biological 
and human use resources in the body of water and along the water's 
edge.
    RSPA is considering two categories of surface water to determine 
areas unusually sensitive to environmental damage: (A) intertidal, 
large and medium rivers, and large lakes and (B) small rivers and 
lakes, streams, ponds, and other surface water. RSPA believes that Tier 
Two could be phased in after Tier One (The identification of areas that 
could affect human health if contaminated) is completed. This will 
reduce the burden on industry and will give RSPA time to work with 
other government agencies to help determine the unusually sensitive 
areas along surface water.

A. Intertidal, Large and Medium Rivers, and Large Lakes

    The National Oceanic and Atmospheric Association (NOAA) and the EPA 
have developed a ten point scale that ranks estuarine, lacustrine, and 
medium and large sized riverine shoreline habitat sensitivity to oil 
spills (see Table 1). This scale is based on their studies of oil 
spills' effects on shoreline habitats. The ten point scale ranks 
habitats according to their sensitivity to an oil spill, natural 
persistence of oil, and ease of cleanup. RSPA believes this criteria 
should be used to rank the habitats along intertidal waters, large and 
medium rivers, and large lakes that a hazardous liquid pipeline release 
could affect. NOAA and EPA have identified large lakes as those large 
enough to form natural, wave built beaches (where the distance over 
which the wind blows to generate waves is long enough, and thus the 
wind-generated waves are large enough, to form beaches along the 
shoreline).
    Resource areas, including biological and human-use, need to be 
considered to narrowly determine areas that are unusually sensitive to 
environmental damage from a hazardous liquid pipeline accident. 
Biological resource areas may include critical habitats for endangered 
or threatened species, critical nesting and spawning areas, and 
wilderness areas. Human-use resources may include officially designated 
natural resource management areas, resource extraction sites, high 
recreational use and access areas, and archeological and cultural 
sites.
    RSPA believes that the shoreline habitat, the biological resource 
areas, and the human use resources should be evaluated to determine if 
an area is unusually sensitive to environmental damage. Table 2 
outlines a list of areas to be considered. Directly below each area is 
a numerical sensitivity rating to be considered. An operator would 
determine if an area is unusually sensitive to environmental damage by 
determining the habitat's sensitivity ranking (Table 2, column 1), the 
biological resource area ranking (Table 2, column 2), and the human-use 
resource area ranking (Table 2, column 3). Combining the habitat, the 
biological resource area, and the human use resource area rankings 
determines if an area is unusually sensitive. RSPA believes that areas 
with a combined numerical ranking of 15 points or more should be 
considered unusually sensitive.

B. Small Rivers and Lakes, Streams, Ponds, and Other Surface Water

    As one progresses landward up major rivers, the streams, ponds, and 
wetlands become so narrow and shallow that even small spills may 
contaminate the whole system. NOAA and EPA have recommended as a cut 
off the point where a 20,000 gallon spill would affect the water body 
from bank to bank and the entire water column. From this point on 
upstream, it is not useful to classify the habitat sensitivity of 
sections along the water way. Therefore, RSPA is considering the entire 
watershed upstream of the point on the main stream where the habitat 
sensitivity ranking is no longer useful as a single habitat 
sensitivity, and that the entire watershed upstream of this point be 
given a habitat ranking of 9 points.
    RSPA believes that the biological resource areas and the human use 
resources within the watershed upstream of the cutoff point should be 
evaluated to determine if an area is unusually sensitive to 
environmental damage. Table 3 outlines a list of areas to be 
considered. This list of areas is identical to the list of areas in 
Table 2, columns 2 and 3. Directly below each area is a numerical 
sensitivity rating. An operator would determine if an area is unusually 
sensitive to environmental damage by determining the biological 
resource area ranking (Table 3, column 1) and human-use resource area 
ranking (Table 3, column 2) within the watershed area. Combining the 
habitat ranking of 9 points, the biological resource area ranking, and 
the human use resource ranking determines if an area is unusually 
sensitive; areas with a combined numerical ranking of 15 points or more 
would be considered unusually sensitive.

3. Unusually Sensitive Areas Within Terrestrial Environments

    RSPA is considering an approach for identifying unusually sensitive 
environmental areas in terrestrial environments that is similar to the 
approach for identifying unusually sensitive environmental areas along 
surface water. RSPA believes that the biological resource areas and the 
human use resources should be studied to determine if a given area is 
unusually sensitive to environmental damage from a hazardous liquid 
pipeline accident. However, RSPA believes the terrestrial habitat's 
sensitivity should not be ranked for its natural ability to restore 
itself to the condition that existed before the release. Therefore, 
only the biological resource areas and the human use resource areas 
would be studied to determine if a given area is unusually sensitive to 
environmental damage from a hazardous liquid pipeline release.
    Table 4 recommends a list of areas to consider. Directly below each 
area is a numerical sensitivity rating. An operator would determine if 
an area is unusually sensitive to environmental [[Page 27951]] damage 
by evaluating the biological resource area and the human-use resource 
area rankings. Combining these two rankings, biological resource area 
ranking and human use resource area ranking, determines if an area is 
unusually sensitive. Areas with a combined numerical ranking of 11 
points or more would be considered unusually sensitive to environmental 
damage from a hazardous liquid pipeline accident.
    RSPA believes that Tier Three could be phased in after Tier One 
(the identification of areas that could affect human health if 
contaminated) and Tier Two (Unusually sensitive areas along surface 
water) are completed. This will reduce the burden on industry and will 
give RSPA time to work with other government agencies to help determine 
the unusually sensitive areas within terrestrial environments.
    RSPA invites discussion on all topics addressed in this public 
workshop notice. Anticipated topics to be discussed at the public 
meeting include, but are not limited to:
    (1) The three tiers of unusually sensitive environmental areas.
    (2) The criteria being considered for community drinking water 
systems and sole source aquifers.
    (3) The sensitivity ranking of the biological and human use 
resource areas.
    (4) Whether the criteria are specific enough to allow operators to 
identify areas unusually sensitive to environmental damage from a 
release of hazardous liquid from their pipeline.
    (5) Whether additional criteria are needed to identify unusually 
sensitive environmental areas.

    Issued in Washington, DC on May 22, 1995.
Cesar DeLeon,
Acting Associate Administrator for Pipeline Safety.

                                   Table 1.--Habitat Rankings Being Considered                                  
----------------------------------------------------------------------------------------------------------------
   Habitat ranking              Estuarine<SUP>1                    Lacustrine<SUP>2              Riverine (Large rivers)  
----------------------------------------------------------------------------------------------------------------
10A                   Saltwater marshes                                                                         
10B                   Mangroves                                                                                 
10C                   Freshwater marshes...........  Freshwater marshes...........  Freshwater marshes.         
10D                   Freshwater swamps............  Freshwater swamps............  Freshwater swamps.          
9A                    Sheltered tidal flats........  Sheltered vegetated low banks  Vegetated low banks.        
9B                    .............................  Sheltered sand/mud flats.....  Muddy substances            
                                                                                     (unvegetated).             
8A                    Sheltered rocky shores.......  Sheltered scarps in bedrock..  Vegetated, steeply sloping  
                                                                                     bluffs.                    
8B                    Sheltered man-made structures  Sheltered man-made structures  Sheltered man-made          
                                                                                     structures.                
7                     Exposed tidal flats..........  Exposed flats................  Not present.                
6A                    Gravel beaches...............  Gravel beaches...............  Gravel bars and gently      
                                                                                     sloping banks.             
6B                    Riprap structures............  Riprap structures............  Riprap structures.          
5                     Mixed sand and gravel beaches  Mixed sand and gravel beaches  Mixed sand and gravel       
                                                                                     beaches.                   
4                     Course-grained sand beaches..  Sand beaches.................  Sandy bars and gently       
                                                                                     sloping banks.             
3                     Fine-grained sand beaches....  Eroding scarps in              Exposed, eroding banks in   
                                                      unconsolidated sediment.       unconsolidated sediments.  
2                     Wave-cut platforms in bedrock  Shelving bedrock shores......  Rocky shoals; bedrock       
                                                                                     ledges.                    
1A                    Exposed rocky shores.........  Exposed rocky cliffs.........  Exposed rocky banks.        
1B                    Exposed seawalls.............  Exposed, hard man-made         Vertical, solid revetments. 
                                                      structures.                                               
----------------------------------------------------------------------------------------------------------------
<SUP>1Semi-enclosed coastal waters that are under tidal influence and have a free connection to the adjacent ocean   
  waters.                                                                                                       
<SUP>2Generally standing water, with open water exceeding 30% of the system.                                         


Table 2.--Criteria Being Considered for Determining Unusually Sensitive Areas Along Intertidal, Large and Medium
                                             Rivers, and Large Lakes                                            
----------------------------------------------------------------------------------------------------------------
     Habitat rankings estuarine,                                                                                
      lacustrine, and riverine              Biological resource areas             Human use resource areas      
            environments                                                                                        
----------------------------------------------------------------------------------------------------------------
Estuarine Environments:               Critical habitats for Federally                                           
    Saltwater and freshwater marshes   designated Endangered or Threatened                                      
    Freshwater swamps                  Species as defined in 50 CFR 424.02                                      
    Mangroves                                                                                                   
Lacustrine and Riverine                                                                                         
 Environments:                                                                                                  
    Freshwater marshes and swamps                                                                               
              10 points                             10 points                                                   
                                                                                                                
Estuarine Environments:               Critical areas identified under the                                       
    Sheltered tidal flats              Clean Lakes Program                                                      
Lacustrine Environments:              Sensitive areas identified under                                          
    Sheltered vegetated low banks      National Estuary Program or Near                                         
    Sheltered sand/mud flats           Coastal Waters Program                                                   
Riverine Environments:                                                                                          
    Vegetated low banks                                                                                         
    Muddy substances                                                                                            
              9 points                              9 points                                                    
                                                                                                                
Estuarine Environments:               Habitats Federal or State designated                                      
    Sheltered rocky shores             Endangered or Threatened Species                                         
    Sheltered man-made structures      are known to use                                                         
Lacustrine Environments:                                                                                        
    Sheltered scarps in bedrock                                                                                 
    Sheltered man-made structures                                                                               
Reverine Environments:                Spawning areas critical for                                               
                                       maintaining fish or shellfish                                            
[[Page 27952]]
                                                                                                                
    Vegetated, steeply sloping                                                                                  
     bluffs                                                                                                     
              8 points                               8 points                                                   
                                                                                                                
Estuarine Environments:               National Sanctuaries                  Officially designated natural       
    Exposed tidal flats                                                      resource managed areas: National   
                                                                             Parks.                             
Lacustrine Environments:              National State and Wildlife Refuges   National Conservation Areas         
    Exposed flats                                                                                               
Riverine Environments:                National Wildlife Management Areas    Natural Heritage Areas.             
    Not present                                                                                                 
                                      Terrestrial areas large or dense      National Preserves and Reserves.    
                                       groups or numbers of animals use to                                      
                                       breed                                                                    
              7 points                              7 points                                                    
                                                                                                                
Estuarine and Lacustrine              Designated Federal Wilderness Areas   Archeological and cultural sites a  
 Environments:                                                               Federal or State government agency 
    Gravel beaches                                                           identifies and protects.           
    Riprap structures                                                                                           
Riverine Environments:                Federal or State designated Scenic    Native lands.                       
    Gravel bars and gently sloping     or Wild River                                                            
 banks                                                                                                          
    Riprap structures                                                                                           
              6 points                              6 points                                                    
                                                                                                                
Estuarine and Lacustrine              State land designated for protecting  Resource extraction sites, such as  
 Environments:                         and maintaining aquatic life          subsistence sites, commercial      
    Mixed sand and gravel beaches                                            fisheries areas, aquaculture sites,
                                                                             reservoirs, and other water        
                                                                             resource areas.                    
              5 points                              5 points                                                    
                                                                                                                
Estuarine Environments:               State land designated to manage       High recreational use areas:        
    Coarse-grained sand beaches        wildlife or game                     National Recreational Areas.        
Lacustrine Environments:              ....................................  National Monuments.                 
    Sand beaches                                                                Sandy bars and gently sloping   
                                                                             banks                              
              4 points                              4 points                                                    
                                                                                                                
Estuarine Environments:               State designated natural areas                                            
    Fine-grained sand beaches                                                                                   
Lacustrine Environments:              National Forest System                                                    
    Eroding scarps in unconsolidated                                                                            
 sediment                                                                                                       
Riverine Environments:                ....................................                                      
    Exposed, eroding banks in                                                                                   
 unconcolidated sediments                                                                                       
              3 points                              3 points                                                    
                                                                                                                
Estuarine Environments:                                                                                         
    Wave-cut platforms in bedrock                                                                               
Lacustrine Environments:                                                                                        
    Shelving bedrock shores                                                                                     
Riverine Environments:                                                                                          
    Rocky shoals, bedrock ledges                                                                                
              2 points                                                                                          
                                                                                                                
Estuarine Environments:                                                                                         
    Exposed rocky shores                                                                                        
    Exposed seawalls                                                                                            
Lacustrine Environments:                                                                                        
    Exposed rocky cliffs                                                                                        
    Exposed, hard man-made                                                                                      
     structures                                                                                                 
Riverine Environments:                                                                                          
    Exposed rocky banks                                                                                         
    Vertical, solid revetments                                                                                  
               1 point                                                                                          
----------------------------------------------------------------------------------------------------------------


            Table 3.--Criteria Being Considered for Determining Unusually Sensitive Areas Along Small Rivers and Lakes, Streams, Ponds, etc.            
--------------------------------------------------------------------------------------------------------------------------------------------------------
                         Biological resource areas                                                     Human use resource areas                         
--------------------------------------------------------------------------------------------------------------------------------------------------------
Critical habitats for Federally designated Endangered or Threatened Species                                                                             
 as defined in 50 CFR 424.02                                                                                                                            
                                 10 points                                                                                                              
Critical areas identified under the Clean Lakes Program                                                                                                 
Sensitive areas identified under National Estuary Program or Near Coastal                                                                               
 Waters Program                                                                                                                                         
[[Page 27953]]
                                                                                                                                                        
                                  9 points                                                                                                              
Habitats Federal or State designated Endangered or Threatened Species are                                                                               
 known to use                                                                                                                                           
Spawning areas critical for maintaining fish or shellfish                                                                                               
                                  8 points                                                                                                              
National Sanctuaries                                                         Officially designated natural resource management areas:                   
                                                                             National Parks.                                                            
                                                                             National Conservation Areas.                                               
                                                                             Natural Heritage Areas.                                                    
                                                                             National Preserves and Reserves.                                           
National and State Wildlife Refuges                                                                                                                     
National Wildlife Management Areas                                                                                                                      
Terrestrial areas large or dense groups or numbers of animals use to breed                                                                              
                                  7 points                                                                     7 points                                 
Designated Federal Wilderness Areas                                          Archeological and cultural sites a Federal or State government agency      
                                                                              identifies and protects.                                                  
Federal or State designated Scenic or Wild River                             Native lands.                                                              
                                  6 points                                                                     6 points                                 
State land designated for protecting and maintaining aquatic life            Resource extraction sites, such as subsistence sites, commercial fisheries 
                                                                              areas, aquaculture sites, reservoirs, and other water resource areas.     
Research natural areas.                                                                                                                                 
                                  5 points                                                                     5 points                                 
State land designated to manage wildlife or game                             High recreational use areas:                                               
                                                                             National Recreational Areas.                                               
                                                                             National Monuments.                                                        
                                                                             State Parks.                                                               
                                  4 points                                                                     4 points                                 
State designated natural areas                                                                                                                          
National Forest System                                                                                                                                  
                                  3 points                                                                                                              
--------------------------------------------------------------------------------------------------------------------------------------------------------


                         Table 4.--Criteria Being Considered for Determining Unusually Sensitive Within Terrestrial Environments                        
--------------------------------------------------------------------------------------------------------------------------------------------------------
                         Biological resource areas                                                     Human use resource areas                         
--------------------------------------------------------------------------------------------------------------------------------------------------------
Critical habitats for Federally designated Endangered or Threatened Species                                                                             
 as defined in 50 CFR 424.02                                                                                                                            
                                 10 points                                                                                                              
Habitats Federal or State designated Endangered or Threatened Species are                                                                               
 known to use                                                                                                                                           
Spawning areas critical for maintaining fish or shellfish                                                                                               
                                  8 points                                                                                                              
National Sanctuaries                                                         Officially designated natural resource management areas:                   
National and State Wildlife Refuges                                          National Parks. National Conservation Areas.                               
National Wildlife Management Areas                                           Natural Heritage Areas.                                                    
Terrestrial areas large or dense groups or numbers of animals use to breed   National Preserves and Reserves.                                           
                                  7 points                                                                     7 points                                 
Designated Federal Wilderness Areas                                          Archeological and cultural sites a Federal or State government agency      
                                                                              identifies and protects.                                                  
                                                                             Native lands.                                                              
                                  6 points                                                                     6 points                                 
Research natural areas                                                                                                                                  
                                  5 points                                                                                                              
State land designated to manage wildlife or game                             High recreational use areas:                                               
                                                                             National Recreational Areas.                                               
                                                                             National Monuments.                                                        
                                                                             State Parks.                                                               
                                  4 points                                                                     4 points                                 
State designated natural areas                                                                                                                          
National Forest System                                                                                                                                  
                                  3 points                                                                                                              
--------------------------------------------------------------------------------------------------------------------------------------------------------


[[Page 27954]]

[FR Doc. 95-12964 Filed 5-25-95; 8:45 am]
BILLING CODE 4910-60-P

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