45 CFR Parts 627 and 673, Antarctic Non-Governmental Expeditions

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Federal Register / Vol. 66, No. 156 / Monday, August 13, 2001 / Rules and Regulations

(x) Landfill temperature;
(xi) Landfill moisture content;
(xii) Data on the leachate pressure
(head) on the liner; (xiii) The amount
of aeration of the waste;
(xiv) Data on landfill settlement;
(xv) Any information on the
performance of the landfill cover; and
(xvi) Observations, information, or
studies made on the physical stability
of the landfill.
(6) This section will remain in effect
until August 13, 2006. By August 13,
2006, Yolo County Central Landfill shall
return to compliance with the regulatory
requirements which would have been in
effect absent the flexibility provided
through this Project XL site-specific
rule. This section applies to Phase I of
Module D. This section also will apply
to any phase of Module D beyond Phase
I only if a second Final Project
Agreement that describes the additional
phase has been signed by
representatives of EPA Region 9, Yolo
County, and the State of California.
Phase I of Module D is defined as the
operation of twelve acres of the twenty
acre Module D.
[FR Doc. 01–20261 Filed 8–10–01; 8:45 am]
BILLING CODE 6560–50–P

NATIONAL SCIENCE FOUNDATION
45 CFR Parts 672 and 673
RIN 3145–AA36

Antarctic Non-Governmental
Expeditions
AGENCY:

National Science Foundation

(NSF).
ACTION:

Final rule.

SUMMARY: NSF is issuing a final rule that
implements the amendments to the
Antarctic Conservation Act of 1978
contained in the Antarctic Science,
Tourism, and Conservation Act of 1996.
These regulations require that U.S. nongovernmental expeditions using nonU.S. flagged vessels for Antarctic
voyages ensure that the vessel has an
emergency response plan. The
regulation also requires that U.S. nongovernmental expeditions doing
business in the United States notify
passengers and crew of their Antarctic
Conservation Act obligations.
DATES: Effective Date: NSF is publishing
this rule to become effective September
12, 2001.
FOR FURTHER INFORMATION CONTACT:
Anita Eisenstadt, Assistant General
Counsel, National Science Foundation,
4201 Wilson Boulevard, Room 1265,
Arlington, Virginia 22230.

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On June 4,
1998, the National Science Foundation
(NSF) published a proposed rule to
implement emergency response plan
and environmental protection
information requirements contained in
the Antarctic Conservation Act of 1978,
as amended by the Antarctic Science,
Tourism, and Conservation Act of 1996
(ASTCA), and invited public comment
on the proposed rule (63 FR 30438).
NSF received written comments from
the International Association of
Antarctica Tour Operators (IAATO) and
the U.S. Environmental Protection
Agency (EPA).
IAATO expressed uncertainty as to
whether NSF is the appropriate Federal
agency to issue a rule implementing
Article 15 of the Protocol on
Environmental Protection to the
Antarctic Treaty (the Protocol) with
respect to vessels. In enacting ASTCA,
Congress reaffirmed NSF’s role as the
lead Federal agency in Antarctica with
longstanding responsibility for ensuring
that U.S. scientific activities and
tourism are conducted with an eye to
preserving the unique values of the
Antarctic region. (16 U.S.C. 2401(a)(3)).
Article 15 of the Protocol requires that
the U.S. Government provide for prompt
and effective response action to
environmental emergencies arising from
scientific research programs, tourism
and non-governmental activities in
Antarctica. The U.S. Coast Guard has
issued regulations which implement
this obligation with respect to U.S.
flagged vessels. However, many U.S.
non-governmental expeditions charter
non-U.S. flagged vessels. To ensure that
the U.S. obligation to comply with
Article 15 is met for all activities in
Antarctica for which advance notice is
required under Article VII of the
Antarctic Treaty, it was necessary to
have a regulation addressing Article 15
obligations for those U.S. nongovernmental expeditions which charter
non-U.S. flagged vessels. Section 6(a) of
the Antarctic Conservation Act, as
amended by ASTCA, authorizes NSF to
issue such regulations as are necessary
and appropriate to implement the
Protocol and the ACA. It is under this
authority, and to fully meet the U.S.
obligations under Article 15, that NSF is
issuing this regulation.
IAATO also suggested that the
proposed rule could be interpreted as an
attempt to govern the operations of
foreign flag vessels. The U.S. obligation
under the Protocol is to ensure that all
expeditions for which advance notice is
required by the United States under the
Treaty are prepared to provide for
prompt and effective response actions to
environmental emergencies, regardless

SUPPLEMENTARY INFORMATION:

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of the flag state or the state of registry
of the vessel being used for the
expedition. This regulation regulates the
U.S. expedition organizer rather than
the foreign flagged vessel by requiring
the expedition organizer to make
provision for prompt and effective
response action as required under
Article 15. The expedition organizer
may do so by contract. NSF has revised
the language in § 673.1, Purpose of
Regulations, of the final rule to provide
clarification in this respect.
IAATO also noted that different
national authorities may impose
different rules to implement Article 15
and that amending Shipboard Oil
Pollution Emergency Plans (‘‘SOPEPs’’)
will be an iterative process. IAATO
commented that the regulatory
requirements should be flexible enough
to accommodate varying approaches to
response plans. IAATO sought
clarification as to whether the preamble
language, stating that a plan which met
Coast Guard’s rule implementing Article
15 would also meet the requirements of
this regulation, would limit such
flexibility. NSF agrees that a flexible
approach is necessary. The regulation
does not dictate the detailed content of
the response plan and the reference to
the Coast Guard regulation was merely
intended to provide consistent guidance
on one acceptable approach to the
content of an effective response plan.
EPA also submitted written comments
on the proposed rule. EPA expressed
concern with the language in § 673.4
which limited the requirement for
providing environmental protection
information to persons organizing nongovernmental expeditions ‘‘who do
business’’ in the United States. The
limitation to an entity who ‘‘does
business in the United States’’ reflects
the specific statutory language
contained in section 4(a)(6) of the ACA,
as amended by ASTCA. The scope of
coverage for the response action
provisions in the rule is not limited to
organizers ‘‘who do business’’ in the
United States.
EPA also expressed concern that the
proposed rule appeared to be limited to
tour operators rather than all nongovernmental operators. Of course, the
majority of non-governmental operators
are tour operators. However, to the
extent that any language contained in
the preamble to the proposed rule
would have given the impression that
the rule is limited to tour operators, NSF
wishes to clarify that the rule applies to
all categories of non-governmental
expeditions organized in or proceeding
from the United States and required to
give notice under Article VII(5) of the
Antarctic Treaty. In order to avoid any

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Federal Register / Vol. 66, No. 156 / Monday, August 13, 2001 / Rules and Regulations
misperception about the scope of the
rule, NSF is changing the title of part
673 to Antarctic Non-Governmental
Expeditions. However, as noted above,
the environmental protection
information provision is limited in
applicability to expedition organizers
who do business in the United States as
provided in section 4(a)(6) of the ACA.
EPA also raised concerns that the
preamble to the proposed rule gave the
impression that requirements to amend
SOPEPs were being levied on non-U.S.
flagged vessels. However, the rule
regulates the U.S. expedition organizer
rather than the foreign flagged vessel by
requiring the expedition organizer who
uses non-U.S. flagged vessels to ensure
that the vessel owner or operator has an
emergency response plan.
EPA suggested that NSF might wish to
incorporate preamble language in the
final rule stating that ‘‘* * * any plan
which satisfies the requirements
contained in 33 CFR 151.26 of the Coast
Guard regulations will also satisfy the
requirements of this rule.’’ NSF’s
reference to the Coast Guard regulation
was intended to provide consistent
guidance to Antarctic expedition
organizers. NSF considered EPA’s
suggestion and has modified the final
rule to incorporate this provision.
EPA also suggested that NSF add
definitions to its final rule found in
EPA’s interim final rule for
environmental impact assessment of
non-governmental activities in
Antarctica. Specifically, EPA suggested
adding definitions for Antarctic Treaty
area and operator. Since NSF has
defined ‘‘Antarctica’’ as the area south
of 60 degrees south latitude which is
also the Antarctic Treaty area, NSF will
consistently use the single term
‘‘Antarctica’’ throughout the regulation.
NSF does not believe that the addition
of the term ‘‘operator’’ to the regulation
would provide any additional
clarification to the rule.
Finally, EPA recommends that NSF
change the term ‘‘tour operators’’ to
‘‘nongovernmental operators’’ in
§ 673.4(b). This provision in the rule
preserves the option for NSF to prepare
educational information at its discretion
for dissemination to passengers aboard
tourist vessels. Since the vast majority
of nongovernmental expeditions to
Antarctic are tourist expeditions, NSF is
limiting the mandatory distribution of
such materials to tour operators. This
information could certainly be provided
to other non-governmental expeditions
but mandatory dissemination is not
needed.
Determinations:

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A. Executive Order 12866
NSF has determined, under the
criteria set forth in Executive Order
12866, that this rule is not a significant
regulatory action requiring review by
the Office of Information and Regulatory
Affairs.
B. Regulatory Flexibility Act
As required by the Regulatory
Flexibility Act (5 U.S.C. 605(b)), it is
hereby certified this rule will not have
significant impact on a substantial
number of small businesses.
C. Paperwork Reduction Act
For purposes of the Paperwork
Reduction Act (44 U.S.C. 3501 et seq.),
the collection of information
requirements have been approved by the
Office of Management and Budget (OMB
No. 3145–0180).
D. Unfunded Mandates Act
The Unfunded Mandates Act of 1995
(Pub. L. 104–4) requires agencies to
prepare several analytic statements
before proposing any rule that may
result in annual expenditures of $100
million by State, local, Indian Tribal
governments, or the private sector.
Since this rule will not result in
expenditures of this magnitude, it is
hereby certified that such statements are
not necessary.
E. Small Business Regulatory
Enforcement Fairness Act of 1996
This rule is not a major rule as
defined by section 251 of the Small
Business Regulatory Enforcement
Fairness Act of 1996 (5 U.S.C. 804). The
rule will not result in an annual effect
on the economy of $100 million or
more; result in a major increase in cost
or prices; or have significant adverse
effects on competition, employment,
investment, productivity, innovation or
on the ability of the United States-based
companies to compete with foreignbased companies in domestic and
export markets.
F. Executive Order 13132: Federalism
The rule will not have substantial
direct effects on the States, on the
relationship between the national
government and the States, or on the
distribution of power and
responsibilities among the various
levels of government. Therefore, in
accordance with section 6 of Executive
Order 13132, NSF has determined that
this rule does not have sufficient federal
implications to warrant the preparation
of a federalism summary impact
statement.

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G. Executive Order 12988: Civil Justice
Reform
This rule meets the applicable
standards set forth in sections 3(a) and
3(b)(2) of the Executive Order 12988.
H. Executive Order 13175: Tribal
Consultation
This rule does not have tribal
implications.
I. The Congressional Review Act
The Congressional Review Act (5
U.S.C. 801 et seq.), provides that
agencies shall submit a report, including
a copy of all final rules, to each House
of Congress and the Comptroller General
of the United States. The Foundation
has submitted this report, identifying
this rule as non-major.
List of Subjects
45 CFR Part 672
Administrative practice and
procedure, Antarctica.
45 CFR Part 673
Administrative practice and
procedure, Antarctica, Oil pollution,
Vessels.
Dated: August 7, 2001.
Lawrence Rudolph,
General Counsel, National Science
Foundation.

The National Science Foundation
hereby amends 45 CFR part 672, and
adds 45 CFR part 673 as follows:
1. The authority citation for part 672
continues to read as follows:
Authority: 16 U.S.C. 2401 et. seq.

2. The part heading to part 672 is
revised to read as follows:
PART 672—ENFORCEMENT AND
HEARING PROCEDURES
§ 672.3

[Amended]

3. In § 672.3, remove and reserve
paragraph (h) and redesignate paragraph
(i) as (h).
4. Part 673 is added to read as follows:
PART 673—ANTARCTIC NONGOVERNMENTAL EXPEDITIONS
Sec.
673.1 Purpose of regulations.
673.2 Scope.
673.3 Definitions.
673.4 Environmental protection
information.
673.5 Emergency response plan.
Authority: 16 U.S.C. 2401 et. seq.
§ 673.1

Purpose of regulations.

The purpose of the regulations in this
part is to implement the Antarctic
Conservation Act of 1978, Public Law

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42452

Federal Register / Vol. 66, No. 156 / Monday, August 13, 2001 / Rules and Regulations

95–541, as amended by the Antarctic
Science, Tourism and Conservation Act
of 1996, Public Law 104–227, and
Article 15 of the Protocol on
Environmental Protection to the
Antarctic Treaty done at Madrid on
October 4, 1991. Specifically, this part
requires that all non-governmental
expeditions, for which advance notice
by the United States is required under
the Antarctic Treaty, who use nonflagged vessels ensure that the vessel
owner or operator has an appropriate
emergency response plan. This part is
also designed to ensure that expedition
members are informed of their
environmental protection obligations
under the Antarctic Conservation Act.
(Approved by the Office of Management and
Budget under control number 3145–0180).
§ 673.2

Scope.

The requirements in this part apply to
non-governmental expeditions to or
within Antarctica for which the United
States is required to give advance notice
under Paragraph (5) of Article VII of the
Antarctic Treaty.
§ 673.3

Definitions.

In this part:
Antarctica means the area south of 60
degrees south latitude.
Expedition means an activity
undertaken by one or more nongovernmental persons organized within
or proceeding from the United States to
or within Antarctica for which advance
notification is required under Paragraph
5 of Article VII of the Antarctic Treaty.
Person has the meaning given that
term in section 1 of title 1, United States
Code, and includes any person subject
to the jurisdiction of the United States
except that the term does not include
any department, agency, or other
instrumentality of the Federal
Government.

(a) Any person who organizes a nongovernmental expedition to Antarctica
and who does business in the United
States shall notify expedition members
of the environmental protection
obligations of the Antarctic
Conservation Act.
(b) The National Science Foundation’s
Office of Polar Programs may prepare
for publication and distribution
explanation of the prohibited acts set
forth in the Antarctic Conservation Act,
as well as other appropriate educational
material for tour operators, their clients,
and employees. Such material provided
to tour operators for distribution to their
passengers and crew shall be

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§ 673.5

Emergency response plan.

Any person organizing a nongovernmental expedition to or within
Antarctica who is transporting
passengers aboard a non-U.S. flagged
vessel shall ensure that:
(a) The vessel owner’s or operator’s
shipboard oil pollution emergency plan,
prepared and maintained according to
Regulation 26 of Annex I of the
International Convention for the
Prevention of Pollution from Ships,
1973, as modified by the Protocol of
1978 relating thereto (MARPOL 73/78),
has provisions for prompt and effective
response action to such emergencies as
might arise in the performance of the
vessel’s activities in Antarctica. Any
emergency response plan which
satisfies the requirements contained in
33 CFR 151.26 of the U.S. Coast Guard
regulations will also satisfy the
requirements of this paragraph. If the
vessel owner or operator does not have
a shipboard oil pollution emergency
plan, a separate plan for prompt and
effective response action is required.
(b) The vessel owner or operator
agrees to take all reasonable measures to
implement the plan for a prompt and
effective response action in the event of
an emergency, taking into account
considerations of risk to human life and
safety.
[FR Doc. 01–20274 Filed 8–10–01; 8:45 am]
BILLING CODE 7555–01–P

FEDERAL COMMUNICATIONS
COMMISSION
47 CFR Part 0
[DA 01–1844]

Freedom of Information Act
Federal Communications
Commission.
ACTION: Final rule.
AGENCY:

§ 673.4 Environmental protection
information.

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disseminated prior to or during travel to
the Antarctic.

SUMMARY: The Federal Communications
Commission is modifying a section of
the Commission’s rules that implements
the Freedom of Information Act (FOIA)
Fee Schedule. This modification
pertains to the charge for recovery of the
full, allowable direct costs of searching
for and reviewing records requested
under the FOIA and the Commission’s
rules, unless such fees are restricted or
waived. The fees are being revised to
correspond to modifications in the rate
of pay approved by Congress.
DATES: Effective September 12, 2001.
FOR FURTHER INFORMATION CONTACT:
Kathryn Abbate, Freedom of

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Information Act Officer, Office of
Performance Evaluation and Records
Management, Room 1A827, Federal
Communications Commission, 445 12th
Street, SW., Washington, DC 20554,
(202) 418–0440 or via Internet at
kabbate@fcc.gov.
SUPPLEMENTARY INFORMATION: The
Federal Communications Commission is
modifying § 0.467(a) of the
Commission’s rules. This rule pertains
to the charges for searching and
reviewing records requested under the
FOIA. The FOIA requires federal
agencies to establish a schedule of fees
for the processing of requests for agency
records in accordance with fee
guidelines issued by the Office of
Management and Budget (OMB). In
1987, OMB issued its Uniform Freedom
of Information Act Fee Schedule and
Guidelines. However, because the FOIA
requires that each agency’s fees be based
upon its direct costs of providing FOIA
services, OMB did not provide a
unitary, government-wide schedule of
fees. The Commission based its FOIA
Fee Schedule on the grade level of the
employee who processes the request.
Thus, the Fee Schedule was computed
at a Step 5 of each grade level based on
the General Schedule effected January
1987. The revisions correspond to
modifications in the rate of pay recently
approved by Congress.
Regulatory Procedures
This proposed rule has been reviewed
under Executive Order No. 12866 and
has been determined not to be a
‘‘significant rule’’ since it will not have
an annual effect on the economy of $100
million or more.
In addition, it has been determined
that this proposed rule will not have a
significant economic impact on a
substantial number of small entities.
List of Subjects in 47 CFR Part 0
Freedom of information.
Federal Communications Commission.
Magalie Roman Salas,
Secretary.

Rule Changes
Part 0 of Title 47 of the Code of
Federal Regulations is amended as
follows:
PART 0—COMMISSION
ORGANIZATION
1.The authority citation for Part 0
continues to read as follows:
Authority: 47 U.S.C. 155, unless otherwise
noted.

2. Section 0.467(a)(1) is amended by
revising the last sentence, the table in

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