[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]
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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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