[Federal Register Volume 63, Number 107 (Thursday, June 4, 1998)]
[Proposed Rules]
[Pages 30438-30440]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-14779]
=======================================================================
-----------------------------------------------------------------------
NATIONAL SCIENCE FOUNDATION
45 CFR Parts 672 and 673
RIN 3145-AA36
Antarctic Tourism
AGENCY: National Science Foundation (NSF).
ACTION: Proposed Rule.
-----------------------------------------------------------------------
SUMMARY: NSF proposes issuing regulations to implement the amendments
to the Antarctic Conservation Act of 1978 contained in the Antarctic
Science, Tourism, and Conservation Act of 1996. These regulations will
require U.S. tour operators using non-U.S. flagged vessels for
Antarctic expeditions to ensure that the vessel owner has an emergency
response plan. The regulation also requires U.S. tour operators to
notify their passengers and crew of their Antarctic Conservation Act
obligations.
DATES: Comments must be received by August 3, 1998.
ADDRESSES: Comments should be sent to Anita Eisenstadt, Assistant
General Counsel, National Science Foundation, 4201 Wilson Boulevard,
Room 1265, Arlington, Virginia 22230.
FOR FURTHER INFORMATION CONTACT: Anita Eisenstadt, Office of the
General Counsel, at 703-306-1060.
SUPPLEMENTARY INFORMATION:
Background
On October 2, 1996, the Antarctic Science Tourism and Conservation
Act of 1996 (ASTCA) (Pub. L. 104-227)
[[Page 30439]]
became law. This Act implements the Protocol on Environmental
Protection to the Antarctic Treaty done at Madrid on October 4, 1991,
by amending the Antarctic Conservation Act of 1978 (ACA) (16 U.S.C.
2401 et. seq.). Article 15 of the Protocol, ``Emergency Response
Action'', requires that each Party provide for prompt and effective
response action to such emergencies as might arise from activities in
the Antarctic, including tourism and other non-governmental activities.
On April 14, 1997, the Coast Guard issued regulations to implement
Article 15 of the Protocol with respect to U.S.-flagged vessels
operating in the Antarctic. The Coast Guard regulations are found at 33
CFR part 151. Because some U.S. tour operators may also charter non-
U.S. flagged vessels for their Antarctic expeditions, a regulation must
still be issued which ensures that non-U.S. flagged vessels used by
U.S. tour operators have emergency response plans that are consistent
with Article 15. The ASTCA also amends the ACA to require U.S. tour
operators to notify their passengers and crew of their obligations
under the Antarctic Conservation Act.
As the lead U.S. Government agency in Antarctica, NSF has long had
responsibility for ensuring that United States tourism and its
supporting logistics operations in the Antarctic are conducted in a
manner compatible with preserving the unique values of the Antarctic.
16 USC 2401(a)(3). Section 6 of the ACA, as amended by the ASTCA,
directs the Director of the National Science Foundation to issue such
regulations as are necessary and appropriate to implement the Protocol
and the ACA. NSF is therefore amending its regulations to add
provisions that address these new requirements for tour operators.
Summary of Provisions
NSF is adding a new part 673 to its regulations to encompass the
new notification and Article 15 requirements for U.S. tour operators.
Tour operators using non-U.S. flagged vessels for Antarctic expeditions
are required to ensure that the vessel owner or operator has an
emergency response plan for such emergencies as might arise in the
performance of the vessel's activities in Antarctica. Since the vessels
currently being used by U.S. tour operators already have a shipboard
oil pollution emergency plan (SOPEP), this rule simply requires them to
amend their existing SOPEP to include a plan for prompt and effective
response action to emergencies arising in the performance of the
vessel's activities. The Coast Guard's regulations implementing Article
15 for U.S. flagged vessels contain the identical requirement and 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.
Part 673 also requires U.S. tour operators to notify their crew and
passengers of the environmental protection obligations of the ACA. A
related requirement presently contained in Part 672 for U.S. tour
operators to distribute educational materials to their passengers and
crew provided by NSF is being moved to part 673 for organizational
clarity.
Determinations
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. As required
by the Regulatory Flexibility Act, it is hereby certified this rule
will not have significant impact on a substantial number of small
businesses. NSF has been advised by the International Association of
Antarctica Tour Operators that all vessels which are currently being
used to transport passengers to Antarctica already have shipboard oil
emergency plans (SOPEP) in compliance with 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). Consequently, this rule will merely require amending
the existing SOPEP.
In issuing its rule, the Coast Guard conducted an industry cost
analysis for preparation of an emergency response plan. 62 FR 18043,
18044 (April 14, 1997). The Coast Guard estimated the total cost for
incorporating the new SOPEP amendments to range from $500 to $1400 per
plan. The analysis indicated that the amendments needed to be
incorporated into a vessel's current SOPEP would be approximately 5 to
10 pages and that they would take no more than five days to draft. The
Coast Guard estimated that the cost per page of additions to the SOPEP
is approximately $100 to $140 ($35/hr x $40hr./week)/10). Since the
requirements under the Coast Guard rule are the same as the
requirements under this rule, the estimates from this recent Coast
Guard analysis are applicable to this rule.
Consistent with the Coast Guard rule, this rule does not require
that specific equipment be carried on board the ship. It simply
requires that vessels used by U.S. tour operators have plans for prompt
and effective responses to emergencies which may arise in the
performance of their vessels in the Antarctic. However, for purposes of
estimating costs, the Coast Guard assumed that vessels would most
likely choose to carry a complement of materials estimated to cost
$1122 per vessel.
The Paperwork Reduction Act (44 U.S.C. 3501 et seq.) does not apply
because there are less than ten U.S. tour operators chartering non-U.S.
flagged vessels for Antarctic expeditions. Finally, NSF has reviewed
this rule in light of section 2 of Executive Order 12778 and I certify
for the National Science Foundation that this rule meets the applicable
standards provided in sections 2(a) and 2(b) of that order.
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: May 22, 1998.
Lawrence Rudolph,
General Counsel, National Science Foundation.
For the reasons set forth in the preamble, the National Science
Foundation proposes to amend 45 CFR Part 672, and add 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
Sec. 672.3 [Amended]
3. In Sec. 672.3, remove paragraph (h) and redesignate paragraph
(i) as (h).
4. Part 673 is added to read as follows:
PART 673--ANTARCTIC TOURISM
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.
Sec. 673.1 Purpose of regulations.
The purpose of the regulations in this part is to implement the
Antarctic Conservation Act of 1978, Public Law
[[Page 30440]]
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 is designed to ensure that
non-U.S. flagged vessels supporting non-governmental expeditions to
Antarctica will have appropriate emergency response plans. This part is
also designed to ensure that expedition members are informed of their
environmental protection obligations under the Antarctic Conservation
Act.
Sec. 673.2 Scope.
The requirements in this part apply to non-governmental expeditions
to or within the Antarctic Treaty area for which the United States is
required to give advance notice under Paragraph (5) of Article VII of
the Antarctic Treaty.
Sec. 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 the Antarctic Treaty area 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.
Sec. 673.4 Environmental protection information.
(a) Any person organizing a non-governmental expedition to or
within Antarctica and who does business in the United States shall
notify expedition members of the environmental protection obligations
of the Antarctic Conservation Act. Upon request by the National Science
Foundation, the person organizing such an expedition shall provide the
National Science Foundation Office of Polar Programs with copies of
materials used to meet this notification obligation.
(b) The National Science Foundation 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 disseminated prior to or during
travel to the Antarctic.
Sec. 673.5 Emergency response plan.
Any person organizing an 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. 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. 98-14779 Filed 6-3-98; 8:45 am]
BILLING CODE 7555-01-P
