[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