[Federal Register Volume 67, Number 166 (Tuesday, August 27, 2002)]
[Proposed Rules]
[Pages 54993-54995]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-21621]


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NATIONAL SCIENCE FOUNDATION

45 CFR Part 674


Antarctic Meteorites

AGENCY: National Science Foundation (NSF).

ACTION: Proposed rule.

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SUMMARY: NSF proposes issuing regulations authorizing the collection of 
meteorites in Antarctica for scientific research purposes only. In 
addition, the regulations provide requirements for appropriate 
collection, handling, and curation of Antarctic meteorites to preserve 
their scientific value. These regulations implement Article 7 of the 
Protocol on Environmental Protection to the Antarctic Treaty and are 
issued pursuant to Section 6 of the Antarctic Conservation Act, as 
amended by the Antarctic Science, Tourism and Conservation Act of 1996.

DATES: Comments must be received by October 28, 2002.

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 703-292-8060.

SUPPLEMENTARY INFORMATION:

Background

    Antarctic meteorites are a valuable non-renewable scientific 
resource that provide unique and important information about the origin 
and evolution of the solar system. A large number of meteorites 
representing many different meteorite classes have been collected in 
Antarctica since the late 1970's. These collections are possible 
because meteorites are easy to see on the light colored background of 
snow and ice and because dynamic processes of Antarctic ice fields 
result in accumulation of meteorites in certain zones on the ice sheet. 
The meteorites are generally well preserved because of the cold and dry 
conditions, and represent falls over the last several million years. 
Because of these conditions, the meteorites collected from Antarctic 
ice fields represent the

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most unbiased sampling possible, in terms of class or type of 
meteorite.
    The National Science Foundation (NSF) is the single-point manager 
of the United States Antarctic Program and supports a wide range of 
scientific research in the Antarctic. Over the past twenty-five years, 
a partnership between NSF, the National Aeronautics and Space 
Administration (NASA), and the Smithsonian Institution has facilitated 
the collection of Antarctic meteorites and their curation in support of 
scientific research. NSF supports the collection of meteorites through 
the Antarctic Search for Meteorites (ANSMET) Program. The meteorites 
are characterized by joint efforts of NASA and the Smithsonian 
Institution and they are curated in facilities at the Johnson Space 
Center (NASA) and at National Museum of Natural History (Smithsonian 
Institution). NASA publishes characterizations of the samples on the 
web and in newsletters (Antarctic Meteorite Newsletter), and samples 
are made available in a timely manner to scientific researchers.
    The United States is a Party to the Protocol on Environmental 
Protection to the Antarctic Treaty, done at Madrid on October 4, 1991. 
Article 7 of the Protocol provides that ``any activity relating to 
mineral resources, other than scientific research, shall be 
prohibited.'' The Antarctic Conservation Act (ACA), (16 U.S.C. 2401 et 
seq.) as amended by the Antarctic Science, Tourism and Conservation Act 
of 1996 (ASTCA) (Public Law 104-227), implements the Protocol on 
Environmental Protection. 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. These regulations implement U.S. obligations 
under Article 7 of the Protocol by ensuring that meteorites in 
Antarctica are only collected for scientific research purposes.
    In order to maximize their potential scientific value, meteorites 
must be collected and curated in a fashion that maximizes the 
information available about the meteorites and minimizes contamination 
as well as physical and chemical degradation. Proper curation includes 
making the meteorites available to bona fide scientific researchers on 
an impartial and timely basis.

Summary of Provisions

    NSF is adding a new part 674 to its regulations to regulate the 
collection and curation of meteorites in Antarctica. Under the 
regulations, U.S. persons may collect meteorites in Antarctica only for 
scientific research purposes. U.S. expedition organizers who plan to 
collect meteorites in Antarctica are required to ensure that any 
meteorites collected in Antarctica after the effective date of the 
regulations are properly collected and handled and that appropriate 
arrangements have been made for the curation of any specimens 
collected.
    The expedition organizer must submit a plan to the National Science 
Foundation which provides details on the procedures that will be put in 
place and followed to protect the scientific value of meteorite 
collections. The plan will need to address collection, handling, and 
curation procedures for any specimens collected. The plan must be 
submitted to the Foundation 90 days prior to the planned departure date 
of the expedition. NSF will solicit comments on the plan and provide an 
assessment of the adequacy of the plan within 45 days of receipt of the 
plan.

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. The 
proposed rule is not a major rule under the Congressional Review Act. 
The Unfunded Mandate Reform Act of 1995 (Public Law 104-4), in sections 
202 and 205, requires that agencies prepare analytic statements before 
proposing any rule that may result in annual expenditures of $100 
million by State, local, Indian Tribal governments, or the private 
sector. Since this rule will not result in expenditures of this 
magnitude, it is hereby certified that such statements are not 
necessary. 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.
    The Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.) and 
its implementing regulations, 5 CFR part 1320, do not apply to the 
proposed rule because there are less than ten U.S. entities which 
annually organize expeditions to Antarctica for the purpose of 
collecting meteorites. 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 in 45 CFR Part 674

    Antarctica, Meteorites, Research.

    Dated: August 16, 2002.
Lawrence Rudolph,
General Counsel, National Science Foundation.
    For the reasons set forth in the preamble, the National Science 
Foundation proposes to add 45 CFR part 674 to read as follows:

PART 674--ANTARCTIC METEORITES

Sec.
674.1   Purpose of regulations.
674.2   Scope and applicability.
674.3   Definitions.
674.4  Restrictions on collection of meteorites in Antarctica.
674.5  Requirements for collection, handling, documentation and 
curation of Antarctic meteorites.
674.6  Submission of information to NSF.
674.7  Exception for serendipitous finds.

    Authority: 16 U.S.C. 2401 et seq.


Sec. 674.1  Purpose of regulations.

    The purpose of the regulations in this part is to implement the 
Antarctic Conservation Act of 1978, as amended by the Antarctic 
Science, Tourism and Conservation Act of 1996 (16 U.S.C. 2401 et seq.), 
and Article 7 of the Protocol on Environmental Protection to the 
Antarctic Treaty done at Madrid on October 4, 1991. Specifically, this 
part is designed to ensure meteorites in Antarctica will be collected 
for scientific research purposes only and that U.S. expedition 
organizers to Antarctica who plan to collect meteorites in Antarctica 
will ensure that any specimens collected will be properly collected, 
handled, documented and curated to preserve their scientific value.


Sec. 674.2  Scope and applicability.

    This part applies to any person who collects meteorites in 
Antarctica. The requirements of Sec. 674.5 apply to any person 
organizing an expedition to or within Antarctica for which the United 
States is required to give advance notice under Paragraph (5) of 
Article VII of the Antarctic Treaty where one of the purposes of the 
expedition is to collect meteorites in Antarctica. The requirements in 
this Part only apply to the collection of meteorites in Antarctica 
after [the effective date of the final regulation].


Sec. 674.3  Definitions.

    In this part:
    Antarctica means the area south of 60 degrees south latitude.
    Expedition means an activity undertaken by one or more persons 
organized within or proceeding from the United States to or within 
Antarctica for which advance notification is required

[[Page 54995]]

under Paragraph 5 of Article VII of the Antarctic Treaty.
    Incremental cost is the extra cost involved in sharing the samples 
with other researchers. It does not include the initial cost of 
collecting the meteorites in Antarctica or the cost of maintaining the 
samples in a curatorial facility.
    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.


Sec. 674.4  Restrictions on collection of meteorites in Antarctica.

    No person may collect meteorites in Antarctica for other than 
scientific research purposes.


Sec. 674.5  Requirements for collection, handling, documentation, and 
curation of Antarctic meteorites.

    (a) Any person organizing an expedition to or within Antarctica, 
where one of the purposes of the expedition is to collect meteorites in 
Antarctica, shall ensure that the meteorites will be properly 
collected, documented, handled, and curated to preserve their 
scientific value. Curation includes making specimens available to bona 
fide scientific researchers on a timely basis, in accordance with 
specified procedures.
    (b) Expedition organizers described in paragraph (a) of this 
section shall develop and implement written procedures for the 
collection, documentation, and curation of specimens which include the 
following components:
    (1) Handling requirements. Handling procedures shall ensure that 
the specimens are properly labeled and handled to minimize the 
potential for contamination from the point of collection to the point 
of curation. At a minimum, handling procedures shall include:
    (i) Handling the samples with Teflon or polyethylene coated 
implements (or equivalent);
    (ii) Double bagging of samples in Teflon or polyethylene (or 
equivalent) bags;
    (iii) Securely attaching a sample identifier to the bag;
    (iv) Keeping the samples frozen at or below -15C until opened and 
thawed in a clean laboratory setting at the curation facility; and
    (v) Thawing in a clean, dry nitrogen environment.
    (2) Sample documentation. Documentation for each specimen, that 
includes, at a minimum:
    (i) A unique identifier for the sample;
    (ii) The date of find;
    (iii) The date of collection (if different from date of find);
    (iv) The latitude and longitude to within 500 meters of the 
location of the find and the name of the nearest named geographical 
feature;
    (v) The name, organizational affiliation, and address of the finder 
or the expedition organizer;
    (vi) A physical description of specimen and of the location of the 
find; and
    (vii) Any observations of the collection activity, such as 
potential contamination of the specimen.
    (3) Curation. Make prior arrangements to ensure that any specimens 
collected in Antarctica will be maintained in a curatorial facility 
that will:
    (i) Preserve the specimens in a manner that precludes chemical or 
physical degradation;
    (ii) Produce an authoritative classification of the meteorite that 
contains enough information to group an individual meteorite into an 
established chemical and petrological type;
    (iii) Develop and maintain curatorial records associated with the 
meteorites including collection information, authoritative 
classification, total known mass, information about handling and sample 
preparation activities that have been performed on the meteorite, and 
sub-sample information;
    (iv) Submit an appropriate summary of information about the 
meteorites to the Antarctic Master Directory via the National Antarctic 
Data Coordination Center as soon as possible, but no later than two 
years after receipt of samples at the curatorial facility;
    (v) Submit information on classification of the meteorite to an 
internationally recognized meteorite research catalog, such as the 
``Catalogue of Meteorites'' published by the Natural History Museum of 
London or the ``Meteoritical Bulletin'' published by the Meteoritical 
Society;
    (vi) Specify procedures by which requests for samples by bonafide 
scientific researchers will be handled;
    (vii) Make samples available to bonafide scientific researchers at 
no more than incremental cost and within a reasonable period of time; 
and
    (viii) In the event that the initial curatorial facility is no 
longer in a position to provide curation services for the specimens, or 
believes that the meteorites no longer merit curation, it shall consult 
with the National Science Foundation's Office of Polar Programs to 
identify another appropriate curatorial facility, or to determine 
another appropriate arrangement.


Sec. 674.6  Submission of information to NSF.

    A copy of the written procedures developed by expedition organizers 
pursuant to Sec. 674.5(b) shall be furnished to the National Science 
Foundation's Office of Polar Programs at a minimum of 90 days prior to 
the planned departure date of the expedition for Antarctica. NSF shall 
publish a notice of availability of the plan in the Federal Register 
that provides for a 15 day comment period. NSF shall evaluate the 
procedures in the plan to determine if they are sufficient to ensure 
that the meteorites will be properly collected, handled, documented, 
and curated. NSF shall provide comments on the adequacy of the plan 
within 45 days of receipt. If NSF advises the expedition organizer that 
the procedures satisfy the requirements of Sec. 674.5 and the 
procedures are implemented, the expedition organizer will have 
satisfied the requirements of this Part.


Sec. 674.7  Exception for serendipitous finds.

    A person who makes a serendipitous discovery of a meteorite in 
Antarctica which could not have been reasonably anticipated, may 
collect the meteorite for scientific research purposes, provided that 
the meteorite is collected in the manner most likely to prevent 
contamination under the circumstances, and provided that the meteorite 
is otherwise handled, documented and curated in accordance with the 
requirements of Sec. 674.5.

[FR Doc. 02-21621 Filed 8-26-02; 8:45 am]
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