[Federal Register Volume 86, Number 99 (Tuesday, May 25, 2021)]
[Rules and Regulations]
[Pages 27989-27990]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-10808]



[[Page 27989]]

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NATIONAL SCIENCE FOUNDATION

45 CFR Part 670

RIN 3145-AA59


Conservation of Antarctic Animals and Plants

AGENCY: National Science Foundation.

ACTION: Final rule.

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SUMMARY: Pursuant to the Antarctic Conservation Act of 1978, as 
amended, the National Science Foundation (NSF) is amending its 
regulations to reflect changes to the list of designated historic sites 
or monuments (HSM) in Antarctica. These changes reflect decisions 
adopted by the Antarctic Treaty Parties at the XLII Antarctic Treaty 
Consultative Meeting, held in Prague, Czech Republic in 2019. The 
United States Department of State heads the United States delegation to 
these annual Antarctic Treaty meetings.

DATES: Effective May 25, 2021.

FOR FURTHER INFORMATION CONTACT: Bijan Gilanshah, Assistant General 
Counsel, Office of the General Counsel, at 703-292-8060, National 
Science Foundation, 2415 Eisenhower Avenue, Suite W 18200, Alexandria, 
VA 22314.

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 V contains provisions for the protection of specially 
designated areas specially managed areas and historic sites and 
monuments. Section 2405 of title 16 of the ACA directs the Director of 
the National Science Foundation to issue such regulations as are 
necessary and appropriate to implement Annex V to the Protocol.
    The Antarctic Treaty Parties, which includes the United States, 
periodically adopt measures to establish, consolidate or revoke 
specially protected areas, specially managed areas and historical sites 
or monuments in Antarctica. The regulation is being revised to reflect 
two newly added historical sites and monuments (HSM) in Antarctica, 
HSMs 93 and 94.

Public Participation

    The changes to these areas and sites reflect decisions already made 
by the Antarctic Treaty Parties at recent international ATCM meetings. 
Because these amendments directly involve a foreign affairs function, 
the provisions of Executive Order 12866 and the Administrative 
Procedure Act (5 U.S.C. 553), requiring notice of proposed rulemaking, 
opportunity for public participation, and delay in effective date, are 
inapplicable. Further, because no notice of proposed rulemaking is 
required for this rule, the Regulatory Flexibility Act (5 U.S.C. 601-
612) does not apply.

Environmental Impact

    This final rule makes technical conforming changes to the National 
Science Foundation's regulations to reflect the substantive outcomes of 
recent Antarctic Treaty Consultative Meetings. The actions taken by the 
Antarctic Treaty Parties protect additional historic resources.

Reducing Regulation and Controlling Regulatory Costs

    In implementing these international ATCM agreed to changes, this 
direct final rule relates to a foreign affairs function of the United 
States. Accordingly, NSF has determined that this document is not a 
regulation or rule subject to Executive Order 12866. Furthermore, this 
direct final rule is not a significant regulatory action as defined in 
Executive Order 12866.

No Takings Implications

    The Foundation has determined that the final rule will not involve 
the taking of private property pursuant to E.O. 12630.

Civil Justice Reform

    The Foundation has considered this final rule under E.O. 12988 on 
civil justice reform and determined the principles underlying and 
requirements of E.O. 12988 are not implicated.

Federalism and Consultation and Coordination With Indian Tribal 
Governments

    The Foundation has considered this final rule under the 
requirements of E.O. 13132 on federalism and has determined that the 
final rule conforms with the federalism principles set out in this 
E.O.; will not impose any compliance costs on the States; and will not 
have substantial direct effects on the States, the relationship between 
the Federal government and the States, or the distribution of power and 
responsibilities among the various levels of government. Therefore, the 
Foundation has determined that no further assessment of federalism 
implications is necessary.
    Moreover, the Foundation has determined that promulgation of this 
final rule does not require advance consultation with Indian Tribal 
officials as set forth in E.O. 13175, Consultation and Coordination 
with Indian Tribal Governments.

Energy Effects

    The Foundation has reviewed this final rule under E.O. 13211, 
Actions Concerning Regulations That Significantly Affect Energy Supply, 
Distribution, or Use. The Foundation has determined that this final 
rule does not constitute a significant energy action as defined in the 
E.O.

Unfunded Mandates

    Pursuant to Title II of the Unfunded Mandates Reform Act of 1995 (2 
U.S.C. 1531-1538), the Foundation has assessed the effects of this 
final rule on State, local, and Tribal governments and the private 
sector. This final rule will not compel the expenditure of $100 million 
or more by any State, local, or Tribal government or anyone in the 
private sector. Therefore, a statement under section 202 of the act is 
not required.

Controlling Paperwork Burdens on the Public

    This final rule does not contain any recordkeeping or reporting 
requirements or other information collection requirements as defined in 
5 CFR part 1320 that are not already required by law or not already 
approved for use. Accordingly, the review provisions of the Paperwork 
Reduction Act of 1995 (44 U.S.C. 3501 et seq.) and its implementing 
regulations at 5 CFR part 1320 do not apply.

Congressional Review Act

    The Office of Information and Regulatory Affairs in the Office of 
Management and Budget has determined that this action is not a major 
rule as defined by Subtitle E of the Small Business Regulatory 
Enforcement Fairness Act of 1996 (also known as the Congressional 
Review Act or CRA), 5 U.S.C. 804(2). This action will not result in: 
``an annual effect on the economy of $100,000,000 or more; a major 
increase in costs or prices for consumers, individual industries, 
Federal, State, or local government agencies, or geographic regions; or 
significant adverse effects on competition, employment, investment, 
productivity, innovation, or on the ability of United States-based 
enterprises to compete with foreign-based enterprises in domestic and 
export markets.'' Pursuant to the CRA, however, NSF will submit a copy 
of this final rule to both Houses of Congress and to the Comptroller 
General.

[[Page 27990]]

List of Subjects in 45 CFR Part 670

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

    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]

0
1. The authority citation for part 670 continues to read as follows:

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

0
2. Amend Sec.  670.29 in paragraph (c) by adding entries for ``HSM 93'' 
and ``HSM 94'' in alphanumeric order to read as follows:


Sec.  670.29  Designation of Antarctic specially protected areas, 
specially managed areas, and historic sites and monuments.

* * * * *
    (c) * * *

HSM 93 Endurance, Wreck of the vessel owned and used by Sir Ernest 
Shackleton during his 1914-15 Trans-Antarctic Expedition.
HSM 94 C.A. Larsen Multiexpedition cairn.

    Dated: May 18, 2021.
Suzanne H. Plimpton,
Reports Clearance Officer, National Science Foundation.
[FR Doc. 2021-10808 Filed 5-24-21; 8:45 am]
BILLING CODE 7555-01-P