97-11758. Notice of Availability of Environmental Assessment for the Interim Final Rule for Environmental Impact Assessment of Nongovernmental Activities in Antarctica

[Federal Register Volume 62, Number 87 (Tuesday, May 6, 1997)]
[Notices]
[Page 24652]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-11758]



[[Page 24652]]

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ENVIRONMENTAL PROTECTION AGENCY

[ER-FRL-5479-9]


Notice of Availability of Environmental Assessment for the 
Interim Final Rule for Environmental Impact Assessment of 
Nongovernmental Activities in Antarctica

AGENCY: U.S. Environmental Protection Agency (EPA).

NOTICE OF AVAILABILITY: The Environmental Protection Agency (EPA), 
pursuant to Public Law 104-227, the Antarctic Science, Tourism, and 
Conservation Act of 1996 (Act), has published an Interim Final Rule. In 
support of the Interim Final Rule, EPA prepared an Environmental 
Assessment (EA), ``Environmental Assessment of Proposed Rules for Non-
Governmental Activity in Antarctica,'' and made a Finding of No 
Significant Impact (FNSI).

FOR FURTHER INFORMATION AND FOR COPIES OF THE EA, FNSI, AND INTERIM 
FINAL RULE CONTACT: Mr. Joseph Montgomery or Ms. Katherine Biggs, 
Office of Federal Activities (2252A), U.S. Environmental Protection 
Agency, 401 M Street, S.W., Washington, D.C. 20460; telephone: 
[phone] or [phone], respectively. Copies of the EA, FNSI 
and Interim Final Rule are also available on the World Wide Web at: 
http://es.inel.gov/oeca/ofa/. Information on the process for 
development of the EIS and Final Rule discussed in the SUPPLEMENTARY 
INFORMATION section below may also be obtained from these contacts.

SUPPLEMENTARY INFORMATION: The Act implements the Protocol on 
Environmental Protection (Protocol) to the Antarctic Treaty of 1959 
(Treaty). Pursuant to the Act, the EPA is required to promulgate 
regulations that provide for assessment of the environmental impacts of 
nongovernmental activities, including tourism, in Antarctica and for 
coordination of the review of information regarding environmental 
impact assessments received from Parties to the Protocol. The EPA 
promulgated an Interim Final Rule so that the United States would have 
the ability to implement its obligations under the Protocol as soon as 
the Protocol enters into force. The EPA prepared the EA to evaluate the 
environmental and cultural impacts of an interim rule relative to the 
No Action Alternative, i.e., no interim rule. Based on the EA analysis, 
EPA issued a FNSI concluding that the promulgation of the Interim Final 
Rule will not have or cause significant impacts on the Antarctic 
environment. Through the EA, EPA concluded that the Interim Final Rule 
will foster appropriate environmental impact assessment and 
documentation procedures, including documentation regarding planned 
mitigation and monitoring, if appropriate, by tour operators; enhance 
the collection of data on effects and intensity of activities by 
nongovernmental visitors in Antarctica; reduce the likelihood of 
inadvertent environmental perturbations that may be avoidable; and will 
allow the U.S. to immediately ratify the Protocol which, in turn, 
should lead to its adoption by all Parties. The EPA concluded that all 
of the potential impacts of the Interim Final Rule would be beneficial 
for the Antarctic environment. The Interim Final Rule was issued 
without notice and comment pursuant to 5 U.S.C. 553(b)(B), as discussed 
in the Preamble to the Interim Final Rule and, for the same reasons, 
under 5 U.S.C. 553(d)(3) became effective on April 30, 1997 (Federal 
Register/Vol. 62, No. 83/Wednesday, April 30, 1997/23538-23549). The 
Interim Final Rule is limited in time and effect and applies only to 
nongovernmental activities to be conducted in Antarctica through the 
1998-99 austral summer; it will expire upon the earlier of the end of 
the 1998-99 austral summer or upon issuance of a Final Rule. To support 
the regulatory development of the Final Rule, EPA is preparing an 
Environmental Impact Statement (EIS) to consider the environmental and 
regulatory issues to be addressed in the Final Rule and the 
alternatives for addressing these issues within the rule-making 
process. Although the Interim Final Rule was promulgated without public 
notice and comment, the Final Rule and the associated EIS will include 
extensive opportunities for public comment.
    Responsible Official:

    Dated: May 1, 1997.
Richard E. Sanderson,
Director, Office of Federal Activities.
[FR Doc. 97-11758 Filed 5-5-97; 8:45 am]
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