[Federal Register Volume 66, Number 174 (Friday, September 7, 2001)]
[Rules and Regulations]
[Pages 46739-46740]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-22533]


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NATIONAL SCIENCE FOUNDATION

45 CFR Part 670


Conservation of Antarctic Animals and Plants

AGENCY: National Science Foundation.

ACTION: Final rule.

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SUMMARY: The National Science Foundation (NSF) is amending its 
regulations to designate two additional Antarctic Specially Protected 
Areas (ASPAs) and to correct some typographical errors. These 
regulations, pursuant to the Antarctic Conservation Act of 1978, as 
amended, are being revised to reflect recommendations adopted by the 
Antarctic Treaty parties at the 15th and 21st Antarctic Treaty 
Consultative Meeting.

DATES: Effective September 7, 2001.

FOR FURTHER INFORMATION CONTACT: Anita Eisenstadt, Office of the 
General Counsel, at 703-292-8060, National Science Foundation, 4201 
Wilson Boulevard, Room 1265, Arlington, Virginia 22230.

SUPPLEMENTARY INFORMATION: The Antarctic Conservation Act of 1978, as 
amended, (``ACA'') (16 U.S.C. 2401 et seq.) implements the Protocol on 
Environmental Protection to the Antarctic Treaty (``the Protocol''). 
Annex II of the Protocol contains provisions for conservation of native 
Antarctic plants and animals. Annex V contains provisions for the 
protection of specially designated areas. Section 6 of the ACA, (16 
U.S.C. 2405), as amended, directs the Director of the National Science 
Foundation to issue such regulations as are necessary and appropriate 
to implement Annexes II and V to the Protocol.
    The Antarctic Treaty Parties periodically adopt measures to 
establish additional specially protected areas. At the 15th Antarctic 
Treaty Consultative Meeting (ATCM) held in Rio de Janeiro in 1987, the 
Parties adopted Recommendation XIV-5 that added as a specially 
protected area the Summit of Mt. Melbourne, North Victoria Land. This 
site was previously included in the list of specially protected areas 
in 45 CFR part 670. However, in the 1998 amendments to 45 CFR part 670 
[63 FR 50164 (September 21, 1998)], the site was inadvertently omitted 
from the list. At the 21st ATCM in Christchurch, New Zealand in 1997, 
the Parties adopted Measure 3 (1997) that added as a specially 
protected area Botany Bay, Cape Geology, Victoria Land. The rule is 
being revised to add these two specially protected areas. No public 
comment is needed because the addition of these two sites merely 
implements measures adopted at the ATCM.
    Finally, these amendments correct typographical errors in the names 
of several species designated as native birds in Sec. 670.20, and one 
species designated as a specially protected species in Sec. 670.25.

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 Management and Budget. 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 
Procedures Act and from regulatory flexibility analysis requirements of 
the Regulatory Flexibility Act, 5 U.S.C. 601-612. Although this rule is 
exempt from the Regulatory Flexibility Act, it has nonetheless been 
determined that this rule will not have a significant impact on a 
substantial number of small businesses. For purposes of the Paperwork 
Reduction Act (44 U.S.C. 3501 et seq.), these amendments to the 
existing regulations do not change the collection of information 
requirements contained in NSF's existing regulations, which have 
already have been approved by the Office of Management and Budget (OMB 
No. 3145-0034). Finally, NSF has reviewed this rule in light of section 
2 of Executive Order 12778 and certifies 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

    Administrative practice and procedure, Antarctica, Exports, 
Imports, Plants, Reporting and recordkeeping requirements, Wildlife.

    Dated: August 29, 2001.
Lawrence Rudolph,
General Counsel, National Science Foundation.

    Pursuant to the authority granted by 16 U.S.C. 2405(a)(1), NSF 
hereby amends 45 CFR part 670 as set forth below:

PART 670--[AMENDED]

    1. The authority citation for Part 670 continues to read as 
follows:

    Authority: 16 U.S.C. 2405, as amended.


    2. Section 670.20 is revised to read as follows:


Sec. 670.20  Designation of native birds.

    The following are designated native birds:

Albatross

Black-browed--Diomedea melanophris.
Gray-headed--Diomedea chrysostoma.
Light-mantled sooty--Phoebetria palpebrata.
Wandering--Diomedea exulans.

Fulmar

Northern Giant--Macronectes halli.
Southern--Fulmarus glacialoides.
Southern Giant--Macronectes giganteus.

Gull

Southern Black-backed--Larus dominicanus.

Jaeger

Parasitic--Stercorarius parasiticus.
Pomarine--Stercorarius pomarinsus

Penguin

Adelie--Pygoscelis adeliae.
Chinstrap--Pygoscelis antarctica.
Emperor--Aptenodytes forsteri.
Gentoo--Pygoscelis papua.
King--Aptenodytes patagonicus.
Macaroni--Eudyptes chrysolophus.
Rockhopper--Eudyptes crestatus.

Petrel

Antarctic--Thalassoica antarctica.
Black-bellied Storm--Fregetta tropica.
Blue--Halobaena caerulea.
Gray--Procellaria cinerea.
Great-winged--Pterodroma macroptera.
Kerguelen--Pterodroma brevirostris.
Mottled--Pterodroma inexpectata.
Snow--Pagodroma nivea.
Soft-plumaged--Pterodroma mollis.
South-Georgia Diving--Pelecanoides georgicus.

[[Page 46740]]

White-bellied Storm--Fregetta grallaria.
White-chinned--Procellaria aequinoctialis.
White-headed--Pterodroma lessoni.
Wilson's Storm--Oceanites oceanicus.

Pigeon

Cape--Daption capense.

Pintail

South American Yellow-billed--Anas georgica spinicauda.

Prion

Antarctic--Pachyptila desolata.
Narrow-billed--Pachyptila belcheri.

Shag

Blue-eyed--Phalacrocorax atriceps.

Shearwater

Sooty--Puffinus griseus.

Skua

Brown--Catharacta lonnbergi
South Polar--Catharacta maccormicki.

Swallow

Barn--Hirundo rustica.

Sheathbill

American--Chionis alba.

Tern

Antarctic--Sterna vittata.
Arctic--Sterna paradisaea.


Sec. 670.25   [Amended]

    3.In Sec. 670.25, remove the word ``rossi'' and add, in its place, 
the word ``rossii''.


Sec. 670.29  [Amended]

    4. In Sec. 670.29, add two additional ASPAs at the end of the 
section as follows:
* * * * *
    ASPA 159, Summit of Mt. Melbourne, North Victoria Land.
    ASAP 160, Botany Bay, Cape Geology, Victoria Land.
[FR Doc. 01-22533 Filed 9-6-01; 8:45 am]
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