[Federal Register: March 31, 2003 (Volume 68, Number 61)]
[Rules and
Regulations]
[Page 15378-15380]
From the Federal Register
Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr31mr03-26]
NATIONAL SCIENCE FOUNDATION
45 CFR Part 674
RIN 3145-AA40
Antarctic Meteorites
AGENCY: National Science Foundation (NSF).
ACTION: Final rule.
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 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.
(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°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 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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