[Code of Federal Regulations]
[Title 43, Volume 1]
[Revised as of October 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 43CFR11.35]

[Page 255]
 
                    TITLE 43--PUBLIC LANDS: INTERIOR
 
PART 11--NATURAL RESOURCE DAMAGE ASSESSMENTS--Table of Contents
 
                    Subpart C--Assessment Plan Phase
 
Sec. 11.35  How does the authorized official decide whether to use type A or type B procedures?

    (a) If the authorized official determines under Sec. 11.34 that a 
type A procedure is available, the authorized official must then decide 
whether to use that procedure or use type B procedures. The authorized 
official must make this decision by weighing the difficulty of 
collecting site-specific data against the suitability of the averaged 
data and simplifying assumptions in the type A procedure for the release 
being assessed. The authorized official may use type B procedures if 
they can be performed at a reasonable cost and if the increase in 
accuracy provided by those procedures outweighs the increase in 
assessment costs. Section 1, Volume I of the NRDAM/CME technical 
document (incorporated by reference, see Sec. 11.18) lists the 
simplifying assumptions made in the NRDAM/CME. Volumes III through IV of 
the NRDAM/CME technical document list the data in the NRDAM/CME. Section 
1, Volume I of the NRDAM/GLE technical document (incorporated by 
reference, see Sec. 11.18) lists the simplifying assumptions made in the 
NRDAM/GLE. Volume III of the NRDAM/GLE technical document lists the data 
in the NRDAM/GLE.
    (b) The authorized official must use type B procedures rather than a 
type A procedure whenever a potentially responsible party:
    (1) Submits a written request for use of type B procedures along 
with documentation of the reasons supporting the request; and
    (2) Advances all reasonable costs of using type B procedures within 
a time frame acceptable to the authorized official.
    (c) If there is no available type A procedure, the authorized 
official must use type B procedures to calculate all damages.
    (d) Except as provided in paragraph (b) of this section, the 
authorized official may change the type of procedure used in light of 
comments received on the Assessment Plan. [See Sec. 11.32(e)(2) to 
determine if the authorized official must provide for additional public 
review.] However, if the authorized official decides to use type B 
procedures in lieu of a type A procedure, and cannot confirm exposure 
under Sec. 11.37, the authorized official may not then use a type A 
procedure.

[61 FR 20610, May 7, 1996]