[Federal Register Volume 68, Number 61 (Monday, March 31, 2003)]
[Rules and Regulations]
[Pages 15378-15380]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-7607]


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NATIONAL SCIENCE FOUNDATION

45 CFR Part 674

RIN 3145-AA40


Antarctic Meteorites

AGENCY: National Science Foundation (NSF).

ACTION: Final rule.

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SUMMARY: NSF is issuing a final rule that authorizes 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: The rule is effective April 30, 2003.

FOR FURTHER INFORMATION CONTACT: Anita Eisenstadt, Office of the 
General Counsel, at 703-292-8060.

SUPPLEMENTARY INFORMATION: On August 27, 2002, the NSF published a 
proposed rule authorizing the collection of meteorites in Antarctica 
for scientific research purposes only. NSF invited public comments on 
the proposed rule. NSF received nine comments on the proposed rule. All 
of the commenters were supportive of the proposed rule.
    One of the commenters suggested that NSF revise Sec.  674.5(3)(ii) 
to recognize that in some cases, a meteorite will not belong to any 
well-established classification. NSF agrees with this comment and has 
revised the language accordingly.
    Another commenter requested clarification whether or not meteorites 
are considered mineral resources. As noted in the preamble to the 
proposed rule, the authority for this rule derives from Article 7 of 
the Protocol on Environmental Protection to the Antarctic Treaty which 
states that ``any activity relating to mineral resources, other than 
scientific research, shall be prohibited.'' These regulations implement 
this provision of the Protocol with respect to meteorites.
    The same commenter raised concerns that the definition of 
expedition would enable U.S. citizens to avoid application of the rule 
by organizing expeditions to Antarctica in a foreign country. NSF notes 
that the restriction in Sec.  674.4 against collecting meteorites in 
Antarctic for other than scientific research purposes applies to any 
person subject to the jurisdiction of the U.S. This provision would 
extend to U.S. citizens collecting meteorites in Antarctica, regardless 
of the location from which the expedition is organized. Consistent with 
other regulations implementing U.S. obligations under the Antarctic 
Treaty, the more detailed requirements for preparation and plans and 
submissions of information to NSF are limited to expeditions for which 
the United States is required to provide advance notification under the 
Antarctic Treaty. NSF believes that this obligation is appropriately 
apportioned.
    Another commenter expressed concern that the exception for 
serendipitous finds could result in meteorites ``fall[ing] through the 
regulatory cracks before arriving at a curation site.'' Section 674.7 
provides that serendipitous finds must be handled in a manner that 
minimizes contamination and must otherwise be documented in accordance 
with the requirements of Sec.  674.5. This approach recognizes that 
serendipitous finds will occur and assures that the opportunity to 
collect these specimens for scientific purposes is not lost. NSF 
believes that the requirement for documenting and curating 
serendipitous finds provides an appropriate mechanism for adequately 
and accurately tracking Antarctic meteorites.
    Another commenter suggested technical revisions to the handling 
requirements in Section 674.5 (b)(1) to reflect current research 
laboratory practices. These revisions have been adopted in the final 
regulation. All other comments were appropriately considered in the 
promulgation of this final rule.

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 rule is 
not a major rule under the Congressional Review Act. The Unfunded 
Mandate Reform Act of 1995 (Pub. L. 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

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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 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: March 24, 2003.
Amy Northcutt,
Deputy General Counsel, National Science Foundation.

    For the reasons set forth in the preamble, the National Science 
Foundation is adding 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 April 30, 2003.


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 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 clean Teflon or polyethylene coated 
implements or stainless steel implements (or equivalent);
    (ii) Double bagging of samples in Teflon or polyethylene (or 
equivalent) bags;
    (iii) A unique sample identifier included with the sample;
    (iv) Keeping the samples frozen at or below -15 [deg]C until opened 
and thawed in a clean laboratory setting at the curation facility; and
    (v) Thawing in a clean, dry, non-reactive gas environment, such as 
nitrogen or argon.
    (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 the 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 for meteorites that 
can be shown to belong to a well-established chemical and petrological 
group, and provide appropriate descriptions for those meteorites that 
cannot be shown to belong to an established chemical and petrological 
group;
    (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

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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. 03-7607 Filed 3-28-03; 8:45 am]
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