Agency Information Collection Activities; Proposed Collection; Comment Request; Environmental Impact Assessment of Nongovernmental Activities in Antarctica; EPA ICR No. 1808.06, OMB Control No. 2020-0007, 44944-44946 [2010-18801]
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44944
Federal Register / Vol. 75, No. 146 / Friday, July 30, 2010 / Notices
considered in the 2004 EIS. This NEPA
review identified and analyzed
environmental effects related to the
Marketing Plan. This action falls within
the Marketing Plan and, thus, is covered
by the 2004 EIS.
Dated: July 22, 2010.
Timothy J. Meeks,
Administrator.
[FR Doc. 2010–18742 Filed 7–29–10; 8:45 am]
BILLING CODE 6450–01–P
ENVIRONMENTAL PROTECTION
AGENCY
[EPA–HQ–OECA–2007–0468; ER–FRL–
8991–9]
Agency Information Collection
Activities; Proposed Collection;
Comment Request; Environmental
Impact Assessment of
Nongovernmental Activities in
Antarctica; EPA ICR No. 1808.06, OMB
Control No. 2020–0007
Environmental Protection
Agency.
ACTION: Notice.
AGENCY:
In compliance with the
Paperwork Reduction Act (PRA) (44
U.S.C. 3501 et seq.), this document
announces that EPA is planning to
submit a request to renew an existing
approved Information Collection
Request (ICR) to the Office of
Management and Budget (OMB). This
ICR is scheduled to expire on January
31, 2011. 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 September 27, 2010.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–HQ–
OECA–2007–0468, by one of the
following methods:
• https://www.regulations.gov: Follow
the on-line instructions for submitting
comments.
• E-mail: hessert.aimee@epa.gov.
• Fax: 202–564–0072.
• Mail: Enforcement and Compliance
Docket, Environmental Protection
Agency, Mailcode: 2822T, 1200
Pennsylvania Ave., NW., Washington,
DC 20460.
• Hand Delivery: EPA Headquarters
West Building, Room 3334, located at
1301 Constitution Ave., NW.,
Washington, DC 20460. Such deliveries
are only accepted during the Docket’s
normal hours of operation, and special
arrangements should be made for
deliveries of boxed information.
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SUMMARY:
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Instructions: Direct your comments to
Docket ID No. EPA–HQ–OECA–2007–
0468. EPA’s policy is that all comments
received will be included in the public
docket without change and may be
made available online at
www.regulations.gov, including any
personal information provided, unless
the comment includes information
claimed to be Confidential Business
Information (CBI) or other information
whose disclosure is restricted by statute.
Do not submit information that you
consider to be CBI or otherwise
protected through www.regulations.gov
or e-mail. The www.regulations.gov Web
site is an ‘‘anonymous access’’system,
which means EPA will not know your
identity or contact information unless
you provide it in the body of your
comment. If you send an e-mail
comment directly to EPA without going
through www.regulations.gov your email address will be automatically
captured and included as part of the
comment that is placed in the public
docket and made available on the
Internet. If you submit an electronic
comment, EPA recommends that you
include your name and other contact
information in the body of your
comment and with any disk or CD–ROM
you submit. If EPA cannot read your
comment due to technical difficulties
and cannot contact you for clarification,
EPA may not be able to consider your
comment. Electronic files should avoid
the use of special characters, any form
of encryption, and be free of any defects
or viruses. For additional information
about EPA’s public docket visit the EPA
Docket Center homepage at https://
www.epa.gov/epahome/dockets.htm.
FOR FURTHER INFORMATION CONTACT:
Aimee Hessert, Office of Federal
Activities, Mail Code 2252A,
Environmental Protection Agency, 1200
Pennsylvania Ave., NW., Washington,
DC 20460; telephone number: 202–564–
0993; fax number: 202–564–0072; e-mail
address: hessert.aimee@epa.gov.
SUPPLEMENTARY INFORMATION:
number for the Reading Room is 202–
566–1744, and the telephone number for
the Enforcement and Compliance
Docket is 202–566–1752.
Use www.regulations.gov to obtain a
copy of the draft collection of
information, submit or view public
comments, access the index listing of
the contents of the 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 in this
document.
How can I access the docket and/or
submit comments?
You may find the following
suggestions helpful for preparing your
comments:
1. Explain your views as clearly as
possible and provide specific examples.
2. Describe any assumptions that you
used.
3. Provide copies of any technical
information and/or data you used that
support your views.
4. If you estimate potential burden or
costs, explain how you arrived at the
estimate that you provide.
5. Offer alternative ways to improve
the collection activity.
EPA has established a public docket
for this ICR under Docket ID No. EPA–
HQ–OECA–2007–0468, which is
available for online viewing at
www.regulations.gov, or in person
viewing at the Enforcement and
Compliance Docket in the EPA Docket
Center (EPA/DC), EPA West, Room
3334, 1301 Constitution Ave., NW.,
Washington, DC. The EPA/DC Public
Reading Room is open from 8:30 a.m. to
4:30 p.m., Monday through Friday,
excluding legal holidays. The telephone
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What information is EPA particularly
interested in?
Pursuant to section 3506(c)(2)(A) of
the PRA, EPA specifically solicits
comments and information to enable it
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. In
particular, EPA is requesting comments
from very small businesses (those that
employ less than 25) on examples of
specific additional efforts that EPA
could make to reduce the paperwork
burden for very small businesses
affected by this collection.
What should I consider when I prepare
my comments for EPA?
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Federal Register / Vol. 75, No. 146 / Friday, July 30, 2010 / Notices
srobinson on DSKHWCL6B1PROD with NOTICES
6. Make sure to submit your
comments by the deadline identified
under DATES.
7. To ensure proper receipt by EPA,
be sure to identify the docket ID number
assigned to this action in the subject
line on the first page of your response.
You may also provide the name, date,
and Federal Register citation.
What information collection activity or
ICR does this apply to?
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: Agency Information Collection
Activities; Proposed Collection;
Comment Request; Environmental
Impact Assessment of Nongovernmental
Activities in Antarctica (Renewal)
ICR numbers: EPA ICR No. 1808.06,
OMB Control No. 2020–0007.
ICR status: This ICR is currently
scheduled to expire on January 31,
2011. 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 title 40
of the CFR, after appearing in the
Federal Register when approved, are
listed in 40 CFR part 9, are displayed
either by publication in the Federal
Register or by other appropriate means,
such as on the related collection
instrument or form, if applicable. The
display of OMB control numbers in
certain EPA regulations is consolidated
in 40 CFR part 9.
Abstract: The Environmental
Protection Agency’s (EPA’s) regulations
at 40 CFR part 8, Environmental Impact
Assessment of Nongovernmental
Activities in Antarctica (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 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
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information regarding environmental
impact assessments received from other
Parties under the Protocol. The
requirements of the Rule apply to
operators of nongovernmental
expeditions organized 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 Rule does not apply to
individual U.S. citizens or groups of
citizens planning 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 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
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 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
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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 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)
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 related 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
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
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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: https://
www.epa.gov/compliance/international/
antarctica/. 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
2009–2010 austral summer seasons
during the time the Rule has been in
effect, all respondents submitted IEEs
with the exception of one PERM.
Paperwork reduction provisions in the
Rule that are used by the operators
include: (a) Incorporation of material in
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 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 to 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 Rule
does not impose paperwork
requirements on any nongovernmental
person subject to U.S. regulation.
Burden Statement: The annual public
reporting and recordkeeping burden for
this collection of information is
estimated to average 1,708 hours
annually, or 78 hours per response. This
hourly burden reflects annual
submission of different levels of
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environmental documentation by an
anticipated 22 respondents (e.g., U.S.based nongovernmental operators).
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
previously applicable instructions and
requirements which have subsequently
changed; 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.
The ICR provides a detailed
explanation of the Agency’s estimate,
which is only briefly summarized here:
Estimated total number of potential
respondents: 22.
Frequency of response: Annual.
Estimated total average number of
responses for each respondent: 1.
Estimated total annual burden hours:
1,708 hours.
Estimated total annual costs:
$136,675. This includes an estimated
burden cost of $132,419 and an
estimated cost of $4,256 for capital
investment or maintenance and
operational costs.
Are there changes in the estimates from
the last approval?
There is an increase of 45 hours in the
total estimated respondent burden
compared with that identified in the ICR
currently approved by OMB. This
increase is a result of a change in the
type of environmental documentation
EPA anticipates the respondents will
submit.
What is the next step in the process for
this ICR?
EPA will consider the comments
received and amend the ICR as
appropriate. The final ICR package will
then be submitted to OMB for review
and approval pursuant to 5 CFR
1320.12. At that time, EPA will issue
another Federal Register notice
pursuant to 5 CFR 1320.5(a)(1)(iv) to
announce the submission of the ICR to
OMB and the opportunity to submit
additional comments to OMB. If you
have any questions about this ICR or the
approval process, please contact the
technical person listed under FOR
FURTHER INFORMATION CONTACT.
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Dated: July 27, 2010.
Susan E. Bromn,
Director, Office of Federal Activities.
[FR Doc. 2010–18801 Filed 7–29–10; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
[EPA–HQ–OPP–2010–0178; FRL–8838–2]
Spirotetramat; Receipt of Application
for Emergency Exemption for Use on
Dry Bulb Onions in Minnesota,
Solicitation of Public Comment
Environmental Protection
Agency (EPA).
ACTION: Notice.
AGENCY:
EPA has received a specific
exemption request from the Minnesota
Department of Agriculture to use the
pesticide spirotetramat (CAS No.
203313–25–1) to treat up to 275 acres of
dry bulb onions to control thrips. The
applicant sought the use of a chemical
whose registration was recently
cancelled.
SUMMARY:
Comments must be received on
or before August 16, 2010.
ADDRESSES: Submit your comments,
identified by docket identification (ID)
number EPA–HQ–OPP–2010–0178, by
one of the following methods:
• Federal eRulemaking Portal:
https://www.regulations.gov. Follow the
on-line instructions for submitting
comments.
• Mail: Office of Pesticide Programs
(OPP) Regulatory Public Docket (7502P),
Environmental Protection Agency, 1200
Pennsylvania Ave., NW., Washington,
DC 20460–0001.
• Delivery: OPP Regulatory Public
Docket (7502P), Environmental
Protection Agency, Rm. S–4400, One
Potomac Yard (South Bldg.), 2777 S.
Crystal Dr., Arlington, VA. Deliveries
are only accepted during the Docket
Facility’s normal hours of operation
(8:30 a.m. to 4 p.m., Monday through
Friday, excluding legal holidays).
Special arrangements should be made
for deliveries of boxed information. The
Docket Facility telephone number is
(703) 305–5805.
Instructions: Direct your comments to
docket ID number EPA–HQ–OPP–2010–
0178. EPA’s policy is that all comments
received will be included in the docket
without change and may be made
available on-line at https://
www.regulations.gov, including any
personal information provided, unless
the comment includes information
claimed to be Confidential Business
Information (CBI) or other information
DATES:
E:\FR\FM\30JYN1.SGM
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Agencies
[Federal Register Volume 75, Number 146 (Friday, July 30, 2010)]
[Notices]
[Pages 44944-44946]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-18801]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
[EPA-HQ-OECA-2007-0468; ER-FRL-8991-9]
Agency Information Collection Activities; Proposed Collection;
Comment Request; Environmental Impact Assessment of Nongovernmental
Activities in Antarctica; EPA ICR No. 1808.06, OMB Control No. 2020-
0007
AGENCY: Environmental Protection Agency.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: In compliance with the Paperwork Reduction Act (PRA) (44
U.S.C. 3501 et seq.), this document announces that EPA is planning to
submit a request to renew an existing approved Information Collection
Request (ICR) to the Office of Management and Budget (OMB). This ICR is
scheduled to expire on January 31, 2011. 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 September 27, 2010.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OECA-2007-0468, by one of the following methods:
https://www.regulations.gov: Follow the on-line
instructions for submitting comments.
E-mail: hessert.aimee@epa.gov.
Fax: 202-564-0072.
Mail: Enforcement and Compliance Docket, Environmental
Protection Agency, Mailcode: 2822T, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460.
Hand Delivery: EPA Headquarters West Building, Room 3334,
located at 1301 Constitution Ave., NW., Washington, DC 20460. Such
deliveries are only accepted during the Docket's normal hours of
operation, and special arrangements should be made for deliveries of
boxed information.
Instructions: Direct your comments to Docket ID No. EPA-HQ-OECA-
2007-0468. EPA's policy is that all comments received will be included
in the public docket without change and may be made available online at
www.regulations.gov, including any personal information provided,
unless the comment includes information claimed to be Confidential
Business Information (CBI) or other information whose disclosure is
restricted by statute. Do not submit information that you consider to
be CBI or otherwise protected through www.regulations.gov or e-mail.
The www.regulations.gov Web site is an ``anonymous access''system,
which means EPA will not know your identity or contact information
unless you provide it in the body of your comment. If you send an e-
mail comment directly to EPA without going through www.regulations.gov
your e-mail address will be automatically captured and included as part
of the comment that is placed in the public docket and made available
on the Internet. If you submit an electronic comment, EPA recommends
that you include your name and other contact information in the body of
your comment and with any disk or CD-ROM you submit. If EPA cannot read
your comment due to technical difficulties and cannot contact you for
clarification, EPA may not be able to consider your comment. Electronic
files should avoid the use of special characters, any form of
encryption, and be free of any defects or viruses. For additional
information about EPA's public docket visit the EPA Docket Center
homepage at https://www.epa.gov/epahome/dockets.htm.
FOR FURTHER INFORMATION CONTACT: Aimee Hessert, Office of Federal
Activities, Mail Code 2252A, Environmental Protection Agency, 1200
Pennsylvania Ave., NW., Washington, DC 20460; telephone number: 202-
564-0993; fax number: 202-564-0072; e-mail address:
hessert.aimee@epa.gov.
SUPPLEMENTARY INFORMATION:
How can I access the docket and/or submit comments?
EPA has established a public docket for this ICR under Docket ID
No. EPA-HQ-OECA-2007-0468, which is available for online viewing at
www.regulations.gov, or in person viewing at the Enforcement and
Compliance Docket in the EPA Docket Center (EPA/DC), EPA West, Room
3334, 1301 Constitution Ave., NW., Washington, DC. The EPA/DC 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 is 202-566-1752.
Use www.regulations.gov to obtain a copy of the draft collection of
information, submit or view public comments, access the index listing
of the contents of the 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 in this
document.
What information is EPA particularly interested in?
Pursuant to section 3506(c)(2)(A) of the PRA, EPA specifically
solicits comments and information to enable it 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. In particular, EPA is requesting comments from
very small businesses (those that employ less than 25) on examples of
specific additional efforts that EPA could make to reduce the paperwork
burden for very small businesses affected by this collection.
What should I consider when I prepare my comments for EPA?
You may find the following suggestions helpful for preparing your
comments:
1. Explain your views as clearly as possible and provide specific
examples.
2. Describe any assumptions that you used.
3. Provide copies of any technical information and/or data you used
that support your views.
4. If you estimate potential burden or costs, explain how you
arrived at the estimate that you provide.
5. Offer alternative ways to improve the collection activity.
[[Page 44945]]
6. Make sure to submit your comments by the deadline identified
under DATES.
7. To ensure proper receipt by EPA, be sure to identify the docket
ID number assigned to this action in the subject line on the first page
of your response. You may also provide the name, date, and Federal
Register citation.
What information collection activity or ICR does this apply to?
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: Agency Information Collection Activities; Proposed
Collection; Comment Request; Environmental Impact Assessment of
Nongovernmental Activities in Antarctica (Renewal)
ICR numbers: EPA ICR No. 1808.06, OMB Control No. 2020-0007.
ICR status: This ICR is currently scheduled to expire on January
31, 2011. 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 title 40 of the CFR, after appearing in the Federal
Register when approved, are listed in 40 CFR part 9, are displayed
either by publication in the Federal Register or by other appropriate
means, such as on the related collection instrument or form, if
applicable. The display of OMB control numbers in certain EPA
regulations is consolidated in 40 CFR part 9.
Abstract: The Environmental Protection Agency's (EPA's) regulations
at 40 CFR part 8, Environmental Impact Assessment of Nongovernmental
Activities in Antarctica (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 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
Rule apply to operators of nongovernmental expeditions organized 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 Rule does not apply to individual U.S. citizens or
groups of citizens planning 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 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 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 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 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) 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 related 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 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
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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: https://www.epa.gov/compliance/international/antarctica/. 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 2009-2010 austral
summer seasons during the time the Rule has been in effect, all
respondents submitted IEEs with the exception of one PERM. Paperwork
reduction provisions in the Rule that are used by the operators
include: (a) Incorporation of material in 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 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 to 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
Rule does not impose paperwork requirements on any nongovernmental
person subject to U.S. regulation.
Burden Statement: The annual public reporting and recordkeeping
burden for this collection of information is estimated to average 1,708
hours annually, or 78 hours per response. This hourly burden reflects
annual submission of different levels of environmental documentation by
an anticipated 22 respondents (e.g., U.S.-based nongovernmental
operators). 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 previously applicable instructions and requirements
which have subsequently changed; 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.
The ICR provides a detailed explanation of the Agency's estimate,
which is only briefly summarized here:
Estimated total number of potential respondents: 22.
Frequency of response: Annual.
Estimated total average number of responses for each respondent: 1.
Estimated total annual burden hours: 1,708 hours.
Estimated total annual costs: $136,675. This includes an estimated
burden cost of $132,419 and an estimated cost of $4,256 for capital
investment or maintenance and operational costs.
Are there changes in the estimates from the last approval?
There is an increase of 45 hours in the total estimated respondent
burden compared with that identified in the ICR currently approved by
OMB. This increase is a result of a change in the type of environmental
documentation EPA anticipates the respondents will submit.
What is the next step in the process for this ICR?
EPA will consider the comments received and amend the ICR as
appropriate. The final ICR package will then be submitted to OMB for
review and approval pursuant to 5 CFR 1320.12. At that time, EPA will
issue another Federal Register notice pursuant to 5 CFR
1320.5(a)(1)(iv) to announce the submission of the ICR to OMB and the
opportunity to submit additional comments to OMB. If you have any
questions about this ICR or the approval process, please contact the
technical person listed under FOR FURTHER INFORMATION CONTACT.
Dated: July 27, 2010.
Susan E. Bromn,
Director, Office of Federal Activities.
[FR Doc. 2010-18801 Filed 7-29-10; 8:45 am]
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