---
kind: "section"
citation: "43 C.F.R. § 11.35"
title: "43"
number: "11.35"
heading: "How does the trustee decide whether to use Type A or Type B procedures?"
url: "https://uscodex.org/cfr/43/11.35"
---

# §11.35. How does the trustee decide whether to use Type A or Type B procedures?

- (a) If the natural resource trustee determines under [§ 11.34](/cfr/43/11.34.md) that a Type A procedure is available, the trustee must then decide whether to use that procedure or use a Type B procedure. The trustee 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 trustee may use a Type B procedure 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.
- (b) If there is no appropriate Type A procedure, the trustee must use a Type B procedure to calculate all damages.

## Notes

### Amendments

[91 FR 42878, July 13, 2026]

### Authority

Authority: 42 U.S.C. 9651(c), as amended.

### Source

Source: 51 FR 27725, Aug. 1, 1986, unless otherwise noted.

### Amendments

[91 FR 42878, July 13, 2026]