[Federal Register Volume 59, Number 159 (Thursday, August 18, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-20247]
[[Page Unknown]]
[Federal Register: August 18, 1994]
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NATIONAL SCIENCE FOUNDATION
45 CFR Part 670
Conservation of Antarctic Animals and Plants
AGENCY: National Science Foundation.
ACTION: Final rule with request for comments.
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SUMMARY: The National Science Foundation is amending its regulations at
45 CFR Part 670 to designate additional Sites of Special Scientific
Interest, and to clarify the meaning of the proviso in Sec. 670.4(c).
These regulations, issued purusant to Section 6(b)(3) of the Antarctic
Conservation of 1978 (16 U.S.C. Sec. 2405(b)(3)), are being revised to
reflect recommendations adopted by the Antarctic Treaty parties at the
16th Antarctic Treaty Consultative Meeting.
EFFECTIVE DATE: August 18, 1994.
ADDRESSES: Comments should be sent to John B. Talmadge, Office of Polar
Programs, Room 755, National Science Foundation, 4201 Wilson Boulevard,
Arlington, VA 22230.
FOR FURTHER INFORMATION CONTACT: John B. Talmadge at the address above
or by telephone at (703) 306-1031.
SUPPLEMENTARY INFORMATION: Since these regulations were originally
issued in 1979, several Antarctic Treaty consultative Meetings have
been held in accordance with Article IX of the Antarctic Treaty. The
regulations have been amended from time to time based on
recommendations adopted through the 15th Antarctic Treaty Consultative
Meeting, and the amendments that are the subject of this rule implement
recommendations XVI-2 and XVI-3 of the 16th Antarctic Treaty
Consultative Meeting (16th ATCM). Because the amendments merely
implement recommendations adopted at the 16th ATCM, public comments
were not obtained before making the amendment effective.
The recommendations which are the subject of this amendment are
summarized as follows:
Recommendation XVI-2 provides that the following areas be
designated Sites of Special Scientific Interest, and be subject to the
management plans annexed thereto:
Site No. 33: Ardley Island (62 deg.13'S 58 deg.54'W) is situated
about 500 meters east off the coast of the Fildes Peninsula, Maxwell
Bay, King George Island, South Shetland Islands. The Site comprises the
entire island and its associated littoral zone, including the isthmus
between the island and Fildes Peninsular to the west. The island is
about 2.0 kilometers long and 1.5 kilometers at its widest, and rises
to about 50 meters in altitude. It comprises mainly Tertiary andesitic-
basaltic lavas and tuffs, and there are some raised beach terraces. It
is snow- and ice-free in summer. There is a small (about 100 meter
long) freshwater pond on the southwest of the island. There is a refuge
hut (FRG) near Braillard Point, and two more refuge huts (Argentina,
Chile) near the middle of the northern coast of the island, the latter
comprising several huts. The Site is of exceptional biological
interest, with a diverse avifauna and extensive plant communities.
Site No. 34: Lions Rump is situated on the south coast of King
George Bay, King George Island, South Shetland Islands, and is bounded
by the following coordinates: 62 deg.07'48''S, 58 deg.09'17''W:
62 deg.07'49''S, 58 deg.07'14''W: 62 deg.08'19''S, 58 deg.07'19''W:
62 deg.08'16''S, 58 deg.09'15''W.
The Site is named after Lions Rump, a prominent rocky hill between
the southern extremity of King George Bay and Lion Cove. It includes
the littoral and sublittoral extending from the eastern end of
`Lajkonik Rock' to the northernmost end of Twin Pinnacles island, and
from that point to the easternmost end of the columnar plug `Lions
Head' to the east of White Eagle Glacier. On land, the Site includes
the coastline of raised beaches, freshwater pools and the streams on
the south side of King George Bay and around Lion Cove, moraines and
slopes leading up to the lower ice tongue of White Eagle Glacier and
westward to a small moraine protruding through the ice cap
southeast of Sukiennice Hills. Lions Rump comprises Tertiary lavas and
tuffs with thin brown coal intercalations and silicified wood
fragments. The moraine west of Lion Cove consists of several Holocene
stages of glacier advance and retreat. A small refuge is situated near
the shore close to the main stream within the Site, about 300 meters
west of Lions Rump. The Site is representative of the terrestrial,
limnological, and littoral ecosystems of King George Island, possessing
diverse biota and rock formations.
Site No. 35: Western Bransfield Strait is located off the southern
shore of the Low Island, western South Shetland Islands, between
latitudes 63 deg.20'S and 63 deg.35'S and between longitudes of
61 deg.45'W and 62 deg.30'W (with reference to U.S. Defense Mapping
Agency Hydrographic/Topographic Center Chart Number 29121). A small
portion of the Low Island landmass/snowmass projects into the northern
boundary of this domain; here the northern limit of the Site will be
associated intertidal zone. East, west, and south of the island the
bottom slopes gently from the intertidal zone to depths of
approximately 200 meters and then drops off rapidly near the boundary
limits of the Site.
The bottom consists of a sand/mud/cobbled-rock matrix and supports
a rich benthos in several distinct communities. In addition, the Low
Island shelf appears to be a major spawning ground for several fish
species. The shallow shelf south of Low Island is one of ony two known
sites in the vicinity of Palmer Station that are suitable for bottom
trawling for fish and other benthic organisms. The Site also offers
unique opportunities to study the composition, structure, and dynamics
of several marine communities.
Site No. 36: The Site is located in East Dallman Bay off the
western shore of Brabant Island, Palmer Archipelago, between latitudes
of 64 deg.00'S and 64 deg.20'S and from longitude 62 deg.50'W east to
the intertidal zone of the island's western shore (with reference to
U.S. Defense Mapping Agency Hydrographic/Topographic Center Chart
Number 29121). West of Brabant Island, the bottom forms a gently
sloping shelf from the intertidal zone to depths of approximately 200
meters and then drops off rapidly near the western boundary of the
Site.
The bottom consists of a sand/mud/cobbled-rock matrix, and the
benthic community includes numerous fish species and marine plants. The
shallow shelf west of East Dallmann Bay is one of ony two known sites
in the vicinity of Palmer Station that are suitable for bottom trawling
for fish and other benthic organisms.
Determinations
I have 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. I have also
determined that this rule involves a foreign affairs function of the
United States and is, therefore, exempt from the notice requirements of
section 553 of the Administrative Procedure Act and from the regulatory
flexibility analysis requirements of the Regulatory Flexibility Act, 5
U.S.C. Sec. 601-612. Finally, I have reviewed this rule in light of
section 2 of Executive Order 12778 and 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 in 45 CFR Part 670
Antarctica, Conservation.
Pursuant to the authority granted by 16 U.S.C. 2405(b)(3), NSF
hereby amends 45 CFR Part 670 as set forth below.
PART 670--[AMENDED]
1. The authority citation for Part 670 is amended to read as
follows:
Authority: 16 U.S.C. 2405, as amended.
Sec. 670.4 [Amended]
2. Section 670.4(c) is revised to read as follows:
* * * * *
(c) Entry into designated area. It is unlawful for any United
States citizen to enter any specially protected area or to enter sites
of special scientific interest, except sites of special scientific
interest for which the management plans described in Sec. 670.34 state
that no permit is required.
* * * * *
Sec. 670.3 [Amended]
3. Section 670.34 is amended by adding new paragraphs (b)(33)
through (36) as follows:
* * * * *
(33) Ardely Island, Maxwell Bay, King George Island, South Shetland
Islands: Site number 33 as described in Recommendation XVI-2.
(34) Lions Rump, King George Island, South Shetland Islands: Site
number 34 as described in Recommendation XVI-2.
(35) West Bransfield Strait, off Low Island, South Shetland
Islands: Site number 35 as described in Recommendation XVI-3.
(36) East Dallmann Bay, off Brabant Island: Site number 36 as
described in Recommendation XVI-3.
Dated: August 12, 1994.
Lawrence Rudolph,
Acting General Counsel, National Science Foundation.
[FR Doc. 94-20247 Filed 8-17-94; 8:45 am]
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