ACTION:
Final rule.
SUMMARY:
Pursuant to the Antarctic Conservation Act of 1978, The National Science Foundation (NSF) is amending its regulations to reflect newly designated Antarctic Specially Protected Areas (ASPA), Antarctic Specially Managed Areas (ASMA) and Historical Sites or Monuments (HSM). These additions reflect measures already adopted by the Antarctic Treaty Parties at recent Antarctic Treaty Consultative Meetings (ATCM). Finally, the regulation is being revised to correct some typographical and numbering errors.
DATES:
Effective February 3, 2012.
FOR FURTHER INFORMATION CONTACT:
Bijan Gilanshah, Office of the General Counsel, (703) 292-8060.
SUPPLEMENTARY INFORMATION:
The Antarctic Conservation Act of 1978, as amended (“ACA”) (16 U.S.C. 2401, et seq. ) implements the Protocol on Environmental Protection to the Antarctic Treaty (“the Protocol”).
Annex V contains provisions for the protection of specially designated areas specially managed areas and historic sites and monuments. Section 2405 of title 16 of the ACA directs the Director of the National Science Foundation to issue such regulations as are necessary and appropriate to implement Annex V to the Protocol.
The Antarctic Treaty Parties, which includes the United States, periodically adopt measures to establish additional specially protected areas, specially managed areas and historical sites or monuments in Antarctica. This rule is being revised to reflect three newly added Antarctic specially protected areas (ASPAs 168-171), one specially managed area (ASMA 7) and five historical sites and monuments in Antarctica (HSM 83-87).
Public Participation
The addition of these areas and sites merely reflects decisions already made by the Antarctic Treaty Parties at various international ATCM meetings. Because these amendments involve a foreign affairs function, the provisions of Executive Order 12866 and the Administrative Procedure Act (5 U.S.C. 553), requiring notice of proposed rulemaking, opportunity for public participation, and delay in effective date, are inapplicable. Further, because no notice of proposed rulemaking is required for this rule, the Regulatory Flexibility Act (5 U.S.C. 601-612) does not apply. Although this rule is exempt from the Regulatory Flexibility Act, it has nonetheless been determined that this rule will not have a significant impact on a substantial number of small businesses. Finally, as the agency has determined that this action pertains to the foreign affairs function of the United States it accordingly is not a “rule” as that term is used by the Congressional Review Act (5 U.S.C. 801-808). Therefore, the reporting requirement of 5 U.S.C. 801 does not apply.
Environmental Impact
This final rule makes conforming changes to the National Science Foundation's regulations to reflect the substantive outcomes of recent Antarctic Treaty Consultative Meetings. The actions taken by the Antarctic Treaty Parties to specially protect and manage these new Antarctic areas and historic resources will result in added protection of the Antarctic environment and its historic resources.
No Takings Implications
The Foundation has determined that the final rule will not involve the taking of private property pursuant to E.O. 12630.
Civil Justice Reform
The Foundation has considered this final rule under E.O. 12988 on civil justice reform and determined the principles underlying and requirements of E.O. 12988 are not implicated.
Federalism and Consultation and Coordination With Indian Tribal Governments
The Foundation has considered this final rule under the requirements of E.O. 13132 on federalism and has determined that the final rule conforms with the federalism principles set out in this E.O.; will not impose any compliance costs on the States; and will not have substantial direct effects on the States, the relationship between the Federal government and the States, or the distribution of power and responsibilities among the various levels of government. Therefore, the Foundation has determined that no further assessment of federalism implications is necessary.
Moreover, the Foundation has determined that promulgation of this final rule does not require advance consultation with Indian Tribal officials as set forth in E.O. 13175, Consultation and Coordination with Indian Tribal Governments.
Energy Effects
The Foundation has reviewed this final rule under E.O. 13211, Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use. The Foundation has determined that this final rule does not constitute a significant energy action as defined in the E.O.
Unfunded Mandates
Pursuant to Title II of the Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538), the Foundation has assessed the effects of this final rule on State, local, and Tribal governments and the private sector. This final rule will not compel the expenditure of $100 million or more by any State, local, or Tribal government or anyone in the private sector. Therefore, a statement under section 202 of the act is not required.
Controlling Paperwork Burdens on the Public
This final rule does not contain any recordkeeping or reporting requirements or other information collection requirements as defined in 5 CFR part 1320 that are not already required by law or not already approved for use. Accordingly, the review provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq. ) and its implementing regulations at 5 CFR part 1320 do not apply.
List of Subjects in 45 CFR Part 670
Administrative practice and procedure, Antarctica, Exports, Imports, Plants, Reporting and recordkeeping requirements, Wildlife.
Dated: January 18, 2012.
Lawrence Rudolph,
General Counsel.
Pursuant to the authority granted by 16 U.S.C. 2405(a)(1), NSF hereby amends 45 CFR part 670 as set forth below:
PART 670—[AMENDED]
1. The authority citation for part 670 continues to read as follows:
Authority:
16 U.S.C. 2405, as amended.
2. Section 670.29 is revised to read as follows:
§ 670.29
(a) The following areas have been designated by the Antarctic Treaty Parties for special protection and are hereby designated as Antarctic Specially Protected Areas (ASPA). The Antarctic Conservation Act of 1978, as amended, prohibits, unless authorized by a permit, any person from entering or engaging in activities within an ASPA. Detailed maps and descriptions of the sites and complete management plans can be obtained from the National Science Foundation, Office of Polar Programs, National Science Foundation, Room 755, 4201 Wilson Boulevard, Arlington, Virginia 22230.
ASPA 101Taylor Rookery, Mac. Robertson Land
ASPA 102Rookery Islands, Holme Bay, Mac. Robertson Land
ASPA 103Ardery Island and Odbert Island, Budd Coast, Wilkes Land
ASPA 104Sabrina Island, Northern Ross Sea, Antarctica
ASPA 105Beaufort Island, McMurdo Sound, Ross Sea
ASPA 106Cape Hallett, Northern Victoria Land, Ross Sea
ASPA 107Emperor Island, Dion Islands, Marguerite Bay, Antarctic Peninsula
ASPA 108Green Island, Berthelot Islands, Antarctic Peninsula
ASPA 109Moe Island, South Orkney Islands
ASPA 110Lynch Island, South Orkney Islands
ASPA 111Southern Powell Island and adjacent islands, South Orkney Islands
ASPA 112Coppermine Peninsula, Robert Island, South Shetland Islands
ASPA 113Litchfield Island, Arthur Harbour, Anvers Island, Palmer Archipelago
ASPA 114Northern Coronation Island, South Orkney Islands
ASPA115 Lagotellerie Island, Marguerite Bay, Graham Land
ASPA 116New College Valley, Caughley Beach, Cape Bird, Ross Island
ASPA 117Avian Island, Marguerite Bay, Antarctic Peninsula
ASPA 118Summit of Mount Melbourne, Victoria Land
ASPA 119Davis Valley and Forlidas Pond, Dufek Massif, Pensacola Mountains
ASPA 120Pointe-Geologie Archipelego, Terre Adelie
ASPA 121Cape Royds, Ross Island
ASPA 122Arrival Heights, Hut Point Peninsula, Ross Island
ASPA 123Barwick and Balham Valleys, Southern Victoria Land
ASPA 124Cape Crozier, Ross Island
ASPA 125Fildes Peninsula, King George Island (25 de Mayo)
ASPA 126Byers Peninsula, Livingston Island, South Shetland Islands
ASPA 127Haswell Island
ASPA 128Western shore of Admiralty Bay, King George Island, South Shetland Islands
ASPA 129Rothera Point, Adelaide Island
ASPA 130Tramway Ridge, Mount Erebus, Ross Island
ASPA 131Canada Glacier, Lake Fryxell, Taylor Valley, Victoria Land ASPA 132 Potter Peninsula, King George Island (Isla 25 de Mayo) (South Shetland Islands)
ASPA 133Harmony Point, Nelson Island, South Shetland Islands
ASPA 134Cierva Point and offshore islands, Danco Coast, Antarctic Peninsula
ASPA 135North-eastern Bailey Peninsula, Budd Coast, Wilkes Land
ASPA 136Clark Peninsula, Budd Coast, Wilkes Land
ASPA 137North-west White Island, McMurdo Sound
ASPA 138Linnaeus Terrace, Asgard Range, Victoria Land
ASPA 139Biscoe Point, Anvers Island, Palmer Archipelago
ASPA 140Parts of Deception Island, South Shetland Islands
ASPA 141Yukidori Valley, Langhovde, Lutzow-Holm Bay
ASPA 142Svarthamaren
ASPA 143Marine Plain, Mule Peninsula, Vestfold Hills, Princess Elizabeth Land
ASPA 144Chile Bay (Discovery Bay), Greenwich Island, South Shetland Islands
ASPA 145Port Foster, Deception Island, South Shetland Islands
ASPA 146South Bay, Doumer Island, Palmer Archipelago
ASPA 147Ablation Valley and Ganymede Heights, Alexander Island
ASPA 148Mount Flora, Hope Bay, Antarctic Peninsula
ASPA 149Cape Shirreff and San Talmo Island, Livingston Island, South Shetland Islands
ASPA 150Ardley Island, Maxwell Bay, King George Island (25 de Mayo)
ASPA 151Lions Rump, King George Island, South Shetland Islands
ASPA 152Western Bransfield Strait
ASPA 153Eastern Dallmann Bay
ASPA 154Botany Bay, Cape Geology, Victoria Land
ASPA 155Cape Evans, Ross Island
ASPA 156Lewis Bay, Mount Erebus, Ross Island
ASPA 157Backdoor Bay, Cape Royds, Ross Island
ASPA 158Hut Point, Ross Island
ASPA 159Cape Adare, Borchgrevink Coast
ASPA 160Frazier Islands, Windmill Islands, Wilkes Land, East Antarctica
ASPA 161Terra Nova Bay, Ross Sea
ASPA 162Mawson's Huts, Cape Denison, Commonwealth Bay, George V Land, East Antarctica
ASPA 163Dakshin Gangotri Glacier, Dronning Maud Land
ASPA 164Scullin and Murray Monoliths, Mac. Robertson Land
ASPA 165Edmonson Point, Wood Bay, Ross Sea
ASPA 166Port-Martin, Terre Adelie
ASPA 167Hawker Island, Vestfold Hills, Ingrid Christensen Coast, Princess Elizabeth Land, East Antarctica
ASPA 168Mount Harding, Grove Mountains, East Antarctica
ASPA 169Amanda Bay, Ingrid Christensen Coast, Princess Elizabeth Land, East Antarctica
ASPA 170Marion Nunataks, Charcot Island, Antarctic Peninsula ASPA 171 Narebski Point, Barton Peninsula, King George Island
(b) The following areas have been designated by the Antarctic Treaty Parties for special management and have been designated as Antarctic Specially Managed Areas (ASMA). Detailed maps and descriptions of the sites and complete management plans can be obtained from the National Science Foundation, Office of Polar Programs, Room 755, 4201 Wilson Boulevard, Arlington, Virginia 22230.
ASMA 1Admiralty Bay, King George Island
ASMA 2McMurdo Dry Valleys, Southern Victoria Land
ASMA 3Cape Denison, Commonwealth Bay, George V Land, East Antarctica
ASMA 4Deception Island
ASMA 5Amundsen-Scott South Pole Station, South Pole
ASMA 6Larsemann Hills, East Antarctica
ASMA 7Southwest Anvers Island and Palmer Basin
(c) The following areas have been designated by the Antarctic Treaty Parties as historic sites or monuments (HSM). The Antarctic Conservation Act of 1978, as amended, prohibits any damage, removal or destruction of a historic site or monument listed pursuant to Annex V to the Protocol.
Descriptions of the sites or monuments can be obtained from the National Science Foundation, Office of Polar Programs, Room 755, 4201 Wilson Boulevard, Arlington, Virginia 22230.
HSM 1Flag mast erected in December 1965 at South Geographical Pole by the First Argentine Overland Polar Expedition.
HSM 2Rock cairn and plaques erected in January 1961 at Syowa Station in memory of Shun Fukushima.
HSM 3Rock cairn and plaque erected in January 1930 by Sir Douglas Mawson on Proclamation Island, Enderby Land.
HSM 4Station building to which a bust of V.I. Lenin is fixed together with a plaque in memory of the conquest of the Pole of Inaccessibility, by Soviet Antarctic Explorers in 1958.
HSM 5Rock cairn and plaque at Cape Bruce, Mac. Robertson Land, erected in February 1931 by Sir Douglas Mawson.
HSM 6Rock cairn and canister at Walkabout Rocks, Vestfold Hills, Princess Elizabeth Land, erected in 1939 by Sir Hubert Wilkins.
HSM 7Stone with inscribed plaque, erected at Mirny Observatory, Mabus Point, in memory of driver-mechanic Ivan Kharma.
HSM 8Metal Monument sledge and plaque at Mirny Observatory, Mabus Point, in memory of driver-mechanic Anatoly Shcheglov.
HSM 9Cemetery on Buromskiy Island, near Mirny Observatory.
HSM 10Building (Magnetic Observatory) at Dobrowolsky Station, Bunger Hills, with plaque in memory of the opening of Oasis Station in 1956.
HSM 11Heavy Tractor at Vostock Station with plaque in memory of the opening of the Station in 1957.
HSM 14Site of ice cave at Inexpressible Island, Terra Nova Bay, constructed in March 1912 by Victor Campbell's Northern Party.
HSM 15Hut at Cape Royds, Ross Island, built in February 1908 by the British Antarctic Expedition.
HSM 16Hut at Cape Evans, Ross Island, built in January 1911 by the British Antarctic Expedition.
HSM 17Cross on Wind Vane Hill, Cape Evans, Ross Island, erected by the Ross Sea Party in memory of three members of the party who died in the vicinity in 1916.
HSM 18Hut at Hut Point, Ross Island, built in February 1902 by the British Antarctic Expedition.
HSM 19Cross at Hut Point, Ross Island, erected in February 1904 by the British Antarctic Expedition in memory of George Vince.
HSM 20Cross on Observation Hill, Ross Island, erected in January 1913 by the British Antarctic Expedition in memory of Captain Robert F Scott's party which perished on the return journey from the South Pole.
HSM 21Remains of stone hut at Cape Crozier, Ross Island, constructed in July 1911 by the British Antarctic Expedition.
HSM 22Three huts and associated relics at Cape Adare Two built in February 1899 the third was built in February 2011 all by the British Antarctic Expedition.
HSM 23Grave at Cape Adare of Norwegian biologist Nicolai Hanson.
HSM 24Rock cairn, known as “Amundsen's cairn,” at Mount Betty, Queen Maud Range erected by Roald Amundsen in January 1912.
HSM 26Abandoned installations of Argentine Station “General San Martin” on Barry Island, Debenham Islands, Marguerite Bay, Antarctic Peninsula.
HSM 27Cairn with a replica of a lead plaque erected at Megalestris Hill, Petermann Island in 1909 by the second French expedition.
HSM 28Rock Cairn at Port Charcot, Booth Island, with wooden pillar and plaque.
HSM 29Lighthouse named “Primero de Mayo” erected on Lambda Island, Melchior Islands, by Argentina in 1942.
HSM 30Shelter at Paradise Harbour erected in 1950.
HSM 32Concrete Monolith erected in 1947 near Capitan Arturo Prat Base on Greenwich Island, South Shetland Islands.
HSM 33Shelter and cross with plaque near Capitan Arturo Prat Base Greenwich Island, South Shetland Islands.
HSM 34Bust at Capitan Arturo Prat base Greenwich Island, South Shetland Islands, of Chilean naval hero Arturo Prat.
HSM 35Wooden cross and statue of the Virgin of Carmen erected in 1947 near Capitan Arturo Prat base Greenwich Island, South Shetland Islands.
HSM 36Replica of a metal plaque erected by Eduard Dallman at Potter Cove, King George Island, South Shetland Islands.
HSM 37Statue erected in 1948 at General Bernando O'Higgins Base (Chile) Trinity Peninsula.
HSM 38Wooden hut on Snow Hill Island built in February 1902 by the Swedish South Polar Expedition.
HSM 39Stone hut at Hope Bay, Trinity Peninsula built in January 1903 by the Swedish South Polar Expedition.
HSM 40Bust of General San Martin, grotto with statue of the Virgin Lujan, a flag mast and graveyard at Base Esperanza, Hope Bay Trinity Peninsula, erected by Argentina in 1955.
HSM 41Stone hut and grave at Paulet Island built in 1903 by members of the Swedish South Polar Expedition.
HSM 42Area of Scotia bay, Laurie Island, South Orkney containing stone huts built in 1903 by the Scottish Antarctic Expedition, Argentine meteorological hut and magnetic observatory (Moneta house) and graveyard.
HSM 43Cross erected in 1955 and subsequently moved to Belgrano II Station, Nunatak Bertrab, Confin Coast, Coats Land in 1979.
HSM 44Plaque erected at temporary Indian Station “Dakshin Gangotri,” Princess Astrid Kyst, Droning Maud Land, listing the names of the first Indian Antarctic Expedition.
HSM 45Plaque on Brabant Island, on Metchnikoff Point, at a height of 70m on the crest of the moraine separating this point from the glacier and bearing an inscription.
HSM 46All of the buildings and installations of Port-Martin Base, Terre Ad6lie, constructed in 1950 by the 3rd French expedition in Terre Ad6lie.
HSM 47Wooden building called “Base Marret” on the Ile des Petrels, Terre Ad6lie.
HSM 48Iron Cross on the North-East headland of the Ile des Petrels, Terre Ad6lie.
HSM 49Concrete pillar erected by the First Polish Antarctic Expedition at Dobrowski Station on Bunger Hill in January 1959, to measure acceleration due to gravity.
HSM 50Brass Plaque bearing the Polish Eagle at Fildes Peninsula, King George Island, South Shetland Islands.
HSM 51Grave of Wlodzimierz Puchalski, surmounted by an iron cross south of Arctowski station on King George Island, South Shetland Islands.
HSM 52Monolith commemorating the establishment on 20 February 1985 of the “Great Wall Station” on Fildes Peninsula, King George Island, South Shetland Islands.
HSM 53Bust of Captain Luis Alberto Pardo, monolith and plaques on Point Wild, Elephant Island, South Shetland Islands.
HSM 54Richard E. Byrd Historic Monument, a bronze bust at McMurdo Station.
HSM 55East Base, Antarctica, Stonington Island (Buildings and artifacts) erected by the Antarctic Service Expedition (1939-1941) and the Ronne Antarctic Research Expedition (1947-1948).
HSM 56Waterboat Point, Danco Coast, (remains of hut and environs).
HSM 57Plaque at “Yankee Bay” (Yankee Harbour), MacFarlane Strait, Greenwich Island, South Shetland Islands.
HSM 59Cairn on Half Moon Beach, Cape Shirreff, Livingston Island, South Shetland Islands and a Plaque on `Cerro Gaviota' opposite San Telmo Islets.
HSM 60Wooden plaque and cairn placed in November 1903 at “Penguins Bay,” Seymour Island (Marambio), James Ross Archipelago.
HSM 61“Base A” at Port Lockroy, Goudier Island, off Wiencke Island.
HSM 62“Base F” (Wordie House), on Winter Island, Argentine Islands.
HSM 63“Base Y” on Horseshoe Island, Marguerite Bay, western Graham Land.
HSM 64“Base E” on Stonington Island, Marguerite Bay, western Graham Land.
HSM 65Message post erected in January 1895 on Svend Foyn Island, Possession Islands.
HSM 66Prestrud's cairn, Scott Nunataks, Alexandra Mountains, Edward VII Peninsula erected in December 1911.
HSM 67Rock shelter known as “Granite House,” erected in 1911 at Cape Geology, Granite Harbour.
HSM 68Site of depot at Hells Gate Moraine, Inexpressible Island, Terra Nova Bay.
HSM 69Message post at Cape Crozier, Ross Island, erected January 1902 by Capt. Robert F. Scott's Discovery Expedition.
HSM 70Message post at Cape Wadworth, Coulman Island, erected January 1902 by Capt. Robert F. Scott.
HSM 71Whalers Bay, Deception Island, South Shetland Islands (includes whaling artifacts).
HSM 72Mikkelsen Cairn, Tryne Islands, Vestfold Hills.
HSM 73Memorial Cross for the 1979 Mount Erebus crash victims, erected in January 1987 at Lewis Bay, Ross Island.
HSM 74Unnamed cove on the south-west coast of Elephant Island, South Shetland Islands, including the foreshore and intertidal area, in which the wreckage of a large wooden sailing vessel is located.
HSM 75“A Hut” of Scott base, Pram Point, Ross Island.
HSM 76Ruins of base Pedro Aguirre Cerda, Pendulum Cove, Deception Island, South Shetland Islands.
HSM 77Cape Denison, Commonwealth Bay, George V Land, including Boat Harbour and the historic artifacts contained within its waters.
HSM 78Memorial Plaque at India Point, Humboldt Mountains, Wohlthat Massif, central Dronning Maud Land.
HSM 79Lillie Marleen Hut, Mt. Dockery, Everett Range, Northern Victoria Land.
HSM 80Amundsen's Tent erected in December 1911 at the South Pole.
HSM 81Rocher du Debarquement (Landing Rock).
HSM 82Monument to the Antarctic Treaty and Plaques, Fildes Peninsula, King George Island, South Shetland Islands.
HSM 83Base “W” established in 1956 at Detaille Island, Lallemande Fjord, Loubert Coast.
HSM 84Hut erected in 1973 at Damoy Point, Dorian Bay, Wiencke Island, Palmer Archipelago.
HSM 85Plaque Commemorating the PM-3A Nuclear Power Plant at McMurdo Station.
HSM 86No.1 Building Commemorating China's Antarctic Expedition at Great Wall/Station.
[FR Doc. 2012-1392 Filed 2-2-12; 8:45 am]
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