Proposed Information Collection Request; Comment Request; Final Rule at 40 CFR Part 8: Environmental Impact Assessment of Nongovernmental Activities in Antarctica (Renewal), 68412-68413 [2016-23982]

Agencies

• ENVIRONMENTAL PROTECTION AGENCY

[Federal Register Volume 81, Number 192 (Tuesday, October 4, 2016)]
[Notices]
[Pages 68412-68413]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-23982]


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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OECA-2007-0468; ER-FRL-9029-4]


Proposed Information Collection Request; Comment Request; Final 
Rule at 40 CFR Part 8: Environmental Impact Assessment of 
Nongovernmental Activities in Antarctica (Renewal)

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: The Environmental Protection Agency is planning to submit an 
information collection request (ICR), ``Final Rule at 40 CFR part 8: 
Environmental Impact Assessment of Nongovernmental Activities in 
Antarctica'' (EPA ICR No. 1808.07, OMB Control No. 2020-0007) to the 
Office of Management and Budget (OMB) for review and approval in 
accordance with the Paperwork Reduction Act (44 U.S.C. 3501 et seq.). 
Before doing so, EPA is soliciting public comments on specific aspects 
of the proposed information collection as described below. This is a 
proposed extension of the ICR, which is currently approved through 
March 31, 2017. 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.

DATES: Comments must be submitted on or before Monday, December 5, 
2016.

ADDRESSES: Submit your comments, referencing Docket ID No. EPA-HQ-OECA-
2007-0468 online using www.regulations.gov (our preferred method) or by 
mail to: EPA Docket Center, Environmental Protection Agency, Mail Code 
28221T, 1200 Pennsylvania Ave. NW., Washington, DC 20460.
    EPA's policy is that all comments received will be included in the 
public docket without change including any personal information 
provided, unless the comment includes profanity, threats, information 
claimed to be Confidential Business Information (CBI) or other 
information whose disclosure is restricted by statute.

FOR FURTHER INFORMATION CONTACT: Julie Roemele, Office of Federal 
Activities, Mail Code 2252A, Environmental Protection Agency, 1200 
Pennsylvania Ave. NW., Washington, DC 20460; telephone number: (202) 
564-5632; fax number: (202) 564-0072; email address: 
roemele.julie@epa.gov.

SUPPLEMENTARY INFORMATION: 
    Supporting documents which explain in detail the information that 
the EPA will be collecting are available in the public docket for this 
ICR. The docket can be viewed online at www.regulations.gov or in 
person at the EPA Docket Center, WJC West, Room 3334, 1301 Constitution 
Ave. NW., Washington, DC. The telephone number for the Docket Center is 
202-566-1744. For additional information about EPA's public docket, 
visit https://www.epa.gov/dockets.
    Pursuant to section 3506(c)(2)(A) of the PRA, EPA is soliciting 
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. 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. At that time, EPA will issue another Federal Register notice 
to announce the submission of the ICR to OMB and the opportunity to 
submit additional comments to OMB.
    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.

[[Page 68413]]

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. The Office of 
Federal Activities (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 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/international-cooperation/receipt-environmental-impact-assessments-eias-regarding-nongovernmental.
    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 2015-2016 austral summer seasons during the time the Rule has 
been in effect, all respondents submitted IEEs with the exception of 
three PERMs. 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.
    Form Numbers: None.
    Respondents/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.
    Respondent's obligation to respond: Mandatory (40 CFR part 8).
    Estimated number of respondents: 19.
    Frequency of response: Annual.
    Total estimated burden: 1,273 hours.
    Total estimated cost: $103,891 includes $3,353 annualized capital 
or operation & maintenance costs.
    Changes in Estimates: There is an increase of 19 hours in the total 
estimated respondent burden compared with the ICR currently approved by 
OMB. This increase is the result of a change to the level of 
environmental documentation EPA anticipates the operators will submit 
as well as an anticipated increase in the number of operators 
submitting documentation.

    Dated: September 29, 2016.
Karin Leff,
Acting Director, NEPA Compliance Division, Office of Federal 
Activities.
[FR Doc. 2016-23982 Filed 10-3-16; 8:45 am]
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