[Federal Register Volume 69, Number 94 (Friday, May 14, 2004)]
[Notices]
[Pages 26814-26817]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-10991]


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ENVIRONMENTAL PROTECTION AGENCY

[OECA-2004-0026, ER-FRL-6651-3]


Agency Information Collection Activities: Proposed Collection; 
Comment Request; Environmental Impact Assessment of Nongovernmental 
Activities in Antarctica (Renewal), EPA ICR Number 1808.04, OMB Control 
Number 2020-0007

AGENCY: Environmental Protection Agency.

ACTION: Notice.

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SUMMARY: In compliance with the Paperwork Reduction Act (44 U.S.C. 3501 
et seq.), this document announces that EPA is planning to submit a 
continuing Information Collection Request (ICR) to the Office of 
Management and Budget (OMB). This is a request to renew an existing 
approved collection. This ICR is scheduled to expire on October 31, 
2004. Before submitting the ICR to OMB for review and approval, EPA is 
soliciting comments on specific aspects of the proposed information 
collection as described below.

DATES: Comments must be submitted on or before July 13, 2004.

ADDRESSES: Submit your comments, referencing docket ID number OECA-
2004-0026, to EPA online using EDOCKET (our preferred method), by e-
mail to [email protected], or by mail to: EPA Docket Center, 
Environmental Protection Agency, Enforcement and Compliance Docket and 
Information Center, Mail Code: 2201T, 1200 Pennsylvania Ave., NW., 
Washington, DC 20460.

FOR FURTHER INFORMATION CONTACT: Katherine Biggs, Office of Federal 
Activities, Mail Code 2252A, Environmental Protection Agency, 1200 
Pennsylvania Ave., NW., Washington, DC 20460; telephone number: (202) 
564-7144; fax number: (202) 564-0072;

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e-mail address: [email protected].

SUPPLEMENTARY INFORMATION: EPA has established a public docket for this 
ICR under Docket ID number OECA-2004-0026, which is available for 
public viewing at the Enforcement and Compliance Docket and Information 
Center in the EPA Docket Center (EPA/DC), EPA West, Room B102, 1301 
Constitution Ave., NW., Washington, DC. The EPA Docket Center Public 
Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through 
Friday, excluding legal holidays. The telephone number for the Reading 
Room is (202) 566-1744, and the telephone number for the Enforcement 
and Compliance Docket and Information Center is (202) 564-1927. An 
electronic version of the public docket is available through EPA 
Dockets (EDOCKET) at http://www.epa.gov/edocket. Use EDOCKET to obtain 
a copy of the draft collection of information, submit or view public 
comments, access the index listing of the contents of the public 
docket, and to access those documents in the public docket that are 
available electronically. Once in the system, select ``search,'' then 
key in the docket ID number identified above.
    Any comments related to this ICR should be submitted to EPA within 
60 days of this notice. EPA's policy is that public comments, whether 
submitted electronically or in paper, will be made available for public 
viewing in EDOCKET as EPA receives them and without change, unless the 
comment contains copyrighted material, CBI, or other information whose 
public disclosure is restricted by statute. When EPA identifies a 
comment containing copyrighted material, EPA will provide a reference 
to that material in the version of the comment that is placed in 
EDOCKET. The entire printed comment, including the copyrighted 
material, will be available in the public docket. Although identified 
as an item in the official docket, information claimed as CBI, or whose 
disclosure is otherwise restricted by statute, is not included in the 
official public docket, and will not be available for public viewing in 
EDOCKET. For further information about the electronic docket, see EPA's 
Federal Register notice describing the electronic docket at 67 FR 38102 
(May 31, 2002), or go to http://www.epa.gov/edocket.
    Affected entities: Entities potentially affected by this action are 
all nongovernmental operators with activities in Antarctica, including 
tour operators, for which the United States is required to give advance 
notice under paragraph 5 of Article VII of the Antarctic Treaty of 
1959; this includes all nongovernmental expeditions to and within 
Antarctica organized in or proceeding from the territory of the United 
States.
    Title: Environmental Impact Assessment of Nongovernmental 
Activities in Antarctica (Renewal), EPA ICR Number 1808.04, OMB Control 
Number 2020-0007.
    Abstract: The Environmental Protection Agency's (EPA's) regulations 
at 40 CFR Part 8, Environmental Impact Assessment of Nongovernmental 
Activities in Antarctica (Final Rule), were promulgated pursuant to the 
Antarctic Science, Tourism, and Conservation Act of 1996 (Act), 16 
U.S.C. 2401 et seq., as amended, 16 U.S.C. 2403a, which implements the 
Protocol on Environmental Protection (Protocol) to the Antarctic Treaty 
of 1959 (Treaty). The Final Rule provides for assessment of the 
environmental impacts of nongovernmental activities in Antarctica, 
including tourism, for which the United States is required to give 
advance notice under Paragraph 5 of Article VII of the Treaty, and for 
coordination of the review of information regarding environmental 
impact assessments received from other Parties under the Protocol. The 
requirements of the Final Rule apply to operators of nongovernmental 
expeditions organized in or proceeding from the territory of the United 
States to Antarctica and include commercial and non-commercial 
expeditions. Expeditions may include ship-based tours; yacht, skiing or 
mountaineering expeditions; privately funded research expeditions; and 
other nongovernmental activities. The Final Rule does not apply to 
individual U.S. citizens or groups of citizens planning to travel to 
Antarctica on an expedition for which they are not acting as an 
operator. (Operators, for example, typically acquire use of vessels or 
aircraft, hire expedition staff, plan itineraries, and undertake other 
organizational responsibilities.) The Final Rule provides 
nongovernmental operators with the specific requirements they need to 
meet in order to comply with the requirements of Article 8 and Annex I 
to the Protocol. The provisions of the Final Rule are intended to 
ensure that potential environmental effects of nongovernmental 
activities undertaken in Antarctica are appropriately identified and 
considered by the operator during the planning process and that to the 
extent practicable, appropriate environmental safeguards which would 
mitigate or prevent adverse impacts on the Antarctic environment are 
identified by the operator.
    Environmental Documentation. Persons subject to the Final Rule must 
prepare environmental documentation to support the operator's 
determination regarding the level of environmental impact of the 
proposed expedition. Environmental documentation includes a Preliminary 
Environmental Review Memorandum (PERM), an Initial Environmental 
Evaluation (IEE), or a Comprehensive Environmental Evaluation (CEE). 
The environmental document is submitted to the Office of Federal 
Activities (OFA). If the operator determines that an expedition may 
have: (1) Less than a minor or transitory impact, a PERM needs to be 
submitted no later than 180 days before the proposed departure to 
Antarctica; (2) no more than minor or transitory impacts, an IEE needs 
to be submitted no later than 90 days before the proposed departure; or 
(3) more than minor or transitory impacts, a CEE needs to be submitted. 
Operators who anticipate such activities are encouraged to consult with 
EPA as soon as possible regarding the date for submittal of the CEE. 
(Article 3(4), of Annex I of the Protocol requires that draft CEEs be 
distributed to all Parties and the Committee for Environmental 
Protection 120 days in advance of the next Antarctic Treaty 
Consultative Meeting (ATCM) at which the CEE may be addressed.)
    The Protocol and the Final Rule also require an operator to employ 
procedures to assess and provide a regular and verifiable record of the 
actual impacts of an activity which proceeds on the basis of an IEE or 
CEE. The record developed through these measures needs to be designed 
to: (a) Enable assessments to be made of the extent to which 
environmental impacts of nongovernmental expeditions are consistent 
with the Protocol; and (b) provide information useful for minimizing 
and mitigating those impacts and, where appropriate, on the need for 
suspension, cancellation, or modification of the activity. Moreover, an 
operator needs to monitor key environmental indicators for an activity 
proceeding on the basis of a CEE. An operator may also need to carry 
out monitoring in order to assess and verify the impact of an activity 
for which an IEE would be prepared. For activities that require an IEE, 
an operator should be able to use procedures currently being 
voluntarily utilized by operators to provide the required information. 
Should an activity require a CEE, the operator should consult with EPA 
to: (a) Identify the monitoring regime appropriate to that activity, 
and (b)

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determine whether and how the operator might utilize relevant 
monitoring data collected by the U.S. Antarctic Program. OFA would 
consult with the National Science Foundation and other interested 
Federal agencies regarding the monitoring regime.
    In cases of emergency relating to the safety of human life or of 
ships, aircraft, equipment and facilities of high value, or the 
protection of the environment which would require an activity to be 
undertaken without completion of the documentation procedures set out 
in the Final Rule, the operator would need to notify the Department of 
State within 15 days of any activities which would have otherwise 
required preparation of a CEE, and provide a full explanation of the 
activities carried out within 45 days of those activities. (During the 
time the Interim Final and Final Rules have been in effect, there were 
no emergencies requiring notification by U.S. operators. An Interim 
Final Rule was in effect from April 30, 1997, until replaced on 
December 6, 2001, by the Final Rule.)
    Environmental documents (e.g., PERM, IEE, CEE) are submitted to 
OFA. Environmental documents are reviewed by OFA, in consultation with 
the National Science Foundation and other interested Federal agencies, 
and also made available to other Parties and the public as required 
under the Protocol or otherwise requested. OFA notifies the public of 
document availability via the World Wide Web at: http://www.epa.gov/compliance/nepa/international/antarctica/index.html. The types of 
nongovernmental activities currently being carried out (e.g., ship-
based tours, land-based tours, flights, and privately funded research 
expeditions) are typically unlikely to have impacts that are more than 
minor or transitory, thus an IEE is the typical level of environmental 
documentation submitted. For the 1997-1998 through 2003-2004 austral 
summer seasons during the time the Interim Final Rule and Final Rule 
have been in effect, all respondents submitted IEEs with the exception 
of one PERM. Paperwork reduction provisions in the Final Rule that are 
used by the operators include: (a) Incorporation of material into the 
environmental document by referring to it in the IEE; (b) inclusion of 
all proposed expeditions by one operator within one IEE; (c) use of one 
IEE to address expeditions being carried out by more than one operator; 
and (d) use of multi-year environmental documentation to address 
proposed expeditions for a period of up to five consecutive austral 
summer seasons.
    Coordination of Review of Information Received from Other Parties 
to the Treaty. The Final Rule also provides for the coordination of 
review of information received from other Parties and the public 
availability of that information including: (1) A description of 
national procedures for considering the environmental impacts of 
proposed activities; (2) an annual list of any IEEs and any decisions 
taken in consequence thereof; (3) significant information obtained and 
any action taken in consequence thereof with regard to monitoring from 
IEEs and CEEs; and (4) information in a final CEE. This provision 
fulfills the United States' obligation to meet the requirements of 
Article 6 of Annex I to the Protocol. The Department of State is 
responsible for coordination of these reviews of drafts with interested 
Federal agencies, and for public availability of documents and 
information. This portion of the Final Rule does not impose paperwork 
requirements on any nongovernmental person subject to U.S. regulation.
    An agency may not conduct or sponsor, and a person is not required 
to respond to, a collection of information unless it displays a 
currently valid OMB control number. The OMB control numbers for EPA's 
regulations in 40 CFR are listed in 40 CFR part 9.
    The EPA would like to solicit comments to:
    (i) Evaluate whether the proposed collection of information is 
necessary for the proper performance of the functions of the Agency, 
including whether the information will have practical utility;
    (ii) Evaluate the accuracy of the Agency's estimate of the burden 
of the proposed collection of information, including the validity of 
the methodology and assumptions used;
    (iii) Enhance the quality, utility, and clarity of the information 
to be collected; and
    (iv) Minimize the burden of the collection of information on those 
who are to respond, including through the use of appropriate automated 
electronic, mechanical, or other technological collection techniques or 
other forms of information technology, e.g., permitting electronic 
submission of responses.
    Burden Statement: The Supporting Statement for this ICR renewal, 
available at the public docket for this ICR under Docket ID number 
OECA-2004-0026, describes the models used for calculating the estimated 
respondent burden and cost for the various levels of environmental 
impact assessment documentation that may be submitted by the 
respondents under the Final Rule, including assessment and verification 
procedures and operation and maintenance (O&M). The Supporting 
Statement also describes the model used for the estimated respondent 
burden and cost for emergency reporting.
    Based on the environmental documentation submitted by operators for 
the past seven austral summer seasons and EPA's expectation of the 
types of nongovernmental activities likely to continue to be undertaken 
by U.S.-based operators, EPA anticipates that during the three-year 
period this information collection will be in effect, 17 operators with 
multi-year IEEs will submit supplemental information as annual updates. 
EPA further anticipates that two operators may submit revised IEEs, and 
three additional IEEs may be submitted for one-time only expeditions 
during each of the three years. EPA does not anticipate receiving any 
PERMs, CEEs, or emergency reporting. EPA expects the paperwork 
reduction measures in the Final Rule will continue to be used by the 
operators, and that the annual assessment and verification procedures 
associated with IEEs will continue. The burden and cost estimates 
include assessment and verification procedures and O&M. Based on these 
assumptions, the estimated 3-year total and annual average respondent 
burden is estimated as 1,275 hours, or 25 hours per operator per year. 
The estimated average time annually per respondent ranges from 25 to 
185 hours depending on the level of environmental documentation and the 
paperwork reduction provisions employed by the respondent. The 
estimated 3-year total and annual average respondent cost is estimated 
as $96,107, or $1,884 per operator per year. The estimated average cost 
per respondent to prepare and submit environmental documentation for 
the first year ranges from $1,820 to $13,531, and the estimated average 
cost per respondent to prepare and submit environmental documentation 
for the subsequent two years this ICR would be in effect would range 
from $1,917 to $14,396, depending on the level of environmental 
documentation and the paperwork reduction provisions employed by the 
respondent.
    Burden means the total time, effort, or financial resources 
expended by persons to generate, maintain, retain, or disclose or 
provide information to or for a Federal agency. This includes the time 
needed to review instructions; develop, acquire, install, and utilize 
technology and systems for the purposes of collecting, validating, and 
verifying information, processing and maintaining information, and 
disclosing and providing information; adjust the existing ways to 
comply with any

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previously applicable instructions and requirements; train personnel to 
be able to respond to a collection of information; search data sources; 
complete and review the collection of information; and transmit or 
otherwise disclose the information.

    Dated: May 11, 2004.
Anne Norton Miller,
Director, Office of Federal Activities.
[FR Doc. 04-10991 Filed 5-13-04; 8:45 am]
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