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Home , Ablation Valley, Alexandra Mountains, Amanda Bay, Anvers Island, Ardery Island, Ardley Island

Federal Register / Vol. 84, No. 78 / Tuesday, April 23, 2019 / Rules and Regulations 16791

U.S.C. 3501 et seq., nor does it require Agricultural commodities, Pesticides SUPPLEMENTARY INFORMATION: The any special considerations under and pests, Reporting and recordkeeping Conservation Act of 1978, as Executive Order 12898, entitled requirements. amended (‘‘ACA’’) (16 U.S.C. 2401, et ‘‘Federal Actions to Address Dated: April 12, 2019. seq.) implements the Protocol on Environmental Justice in Minority Environmental Protection to the Richard P. Keigwin, Jr., Populations and Low-Income Antarctic Treaty (‘‘the Protocol’’). Populations’’ (59 FR 7629, February 16, Director, Office of Pesticide Programs. Annex V contains provisions for the 1994). Therefore, 40 CFR chapter I is protection of specially designated areas Since tolerances and exemptions that amended as follows: specially managed areas and historic are established on the basis of a petition sites and monuments. Section 2405 of under FFDCA section 408(d), such as PART 180—[AMENDED] title 16 of the ACA directs the Director the tolerance exemption in this action, of the National Science Foundation to ■ do not require the issuance of a 1. The authority citation for part 180 issue such regulations as are necessary proposed rule, the requirements of the continues to read as follows: and appropriate to implement Annex V Regulatory Flexibility Act (5 U.S.C. 601 Authority: 21 U.S.C. 321(q), 346a and 371. to the Protocol. et seq.) do not apply. ■ 2. Add § 180.1365 to subpart D to read The Antarctic Treaty Parties, which This action directly regulates growers, as follows: includes the , periodically food processors, food handlers, and food adopt measures to establish, consolidate retailers, not States or tribes. As a result, § 180.1365 Bacteriophage active against or revoke specially protected areas, this action does not alter the Xylella fastidiosa; exemption from the specially managed areas and historical relationships or distribution of power requirement of a tolerance. sites or monuments in . This and responsibilities established by An exemption from the requirement rule is being revised to reflect five Congress in the preemption provisions of a tolerance is established for residues added Antarctic specially protected of FFDCA section 408(n)(4). As such, of lytic bacteriophage active against areas (ASPAs 171–175) and six EPA has determined that this action will Xylella fastidiosa in or on all food historical sites and monuments in not have a substantial direct effect on commodities when the bacteriophage Antarctica (HSM 87–92). The rule is States or tribal governments, on the are sequenced and have sequences free also being revised to reflect the relationship between the national of toxins and lysogenic genes and are revocation, of three Antarctic specially government and the States or tribal used in accordance with label directions protected areas (ASPAs 114, 118 and governments, or on the distribution of and good agricultural practices. 130) and one Antarctic specially power and responsibilities among the [FR Doc. 2019–08111 Filed 4–22–19; 8:45 am] managed area (ASMA 3) primarily due various levels of government or between BILLING CODE 6560–50–P to consolidation. the Federal Government and Indian tribes. Thus, EPA has determined that Public Participation Executive Order 13132, entitled The changes to these areas and sites NATIONAL SCIENCE FOUNDATION ‘‘Federalism’’ (64 FR 43255, August 10, reflect decisions already made by the 1999), and Executive Order 13175, 45 CFR Part 670 Antarctic Treaty Parties at recent entitled ‘‘Consultation and Coordination international ATOM meetings. Because with Indian Tribal Governments’’ (65 FR RIN 3145–AA59 these amendments directly involve a 67249, November 9, 2000), do not apply foreign affairs function, the provisions to this action. In addition, this action Conservation of Antarctic Animals and of Executive Order 12866, Executive does not impose any enforceable duty or Plants Order 13771 and the Administrative contain any unfunded mandate as AGENCY: National Science Foundation. Procedure Act (5 U.S.C. 553), requiring notice of proposed rulemaking, described under Title II of the Unfunded ACTION: Direct final rule. Mandates Reform Act (2 U.S.C. 1501 et opportunity for public participation, seq.). SUMMARY: Pursuant to the Antarctic and delay in effective date, are This action does not involve any Conservation Act of 1978, as amended, inapplicable. Further, because no notice technical standards that would require the National Science Foundation (NSF) of proposed rulemaking is required for EPA’s consideration of voluntary is amending its regulations to reflect this rule, the Regulatory Flexibility Act consensus standards pursuant to section changes to designated Antarctic (5 U.S.C. 601 and 612) does not apply. 12(d) of the National Technology specially protected areas (ASPA), Environmental Impact Transfer and Advancement Act (15 Antarctic specially managed areas U.S.C. 272 note). (ASMA) and historic sites or This final rule makes technical conforming changes to the National V. Congressional Review Act monuments (HSM). These changes reflect decisions already adopted by the Science Foundation’s regulations to Pursuant to the Congressional Review Antarctic Treaty Parties at recent reflect the substantive outcomes of Act (5 U.S.C. 801 et seq.), EPA will Antarctic Treaty Consultative Meetings recent Antarctic Treaty Consultative submit a report containing this rule and (ATCM). The United States Department Meetings. The actions taken by the other required information to the U.S. of State heads the United States Antarctic Treaty Parties to manage and Senate, the U.S. House of delegation to these annual Antarctic protect these new Antarctic areas and Representatives, and the Comptroller Treaty meetings. historic resources will result in added General of the United States prior to protection of the Antarctic environment publication of the rule in the Federal DATES: Effective April 23, 2019. and its historic resources. Register. This action is not a ‘‘major FOR FURTHER INFORMATION CONTACT: Reducing Regulation and Controlling rule’’ as defined by 5 U.S.C. 804(2). Bijan Gilanshah, Assistant General Counsel, Office of the General Counsel, Regulatory Costs List of Subjects in 40 CFR Part 180 at 703–292–8060, National Science In implementing these international Environmental protection, Foundation, 2415 Eisenhower Avenue, ATOM agreed to changes, this direct Administrative practice and procedure, Suite W 18200, Alexandria, VA 22314. final rule relates to a foreign affairs

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function of the United States. 1531–1538), the Foundation has ASPA 104 Sabrina Island, Northern Accordingly, NSF has determined that assessed the effects of this final rule on , Antarctica this document is not a regulation or rule State, local, and Tribal governments and ASPA 105 , McMurdo subject to either Executive Order 12866 the private sector. This final rule will Sound, Ross Sea or Executive Order 13771. Further, not compel the expenditure of $100 ASPA 106 Hallett, Northern under section 5 of Executive Order million or more by any State, local, or , Ross Sea 13777, an agency may receive a waiver Tribal government or anyone in the ASPA 107 , Dion from some or all of the requirements of private sector. Therefore, a statement Islands, , Antarctic Executive Order 13777 if the Director of under section 202 of the act is not Peninsula the Office of Management and Budget required. ASPA 108 Green Island, Berthelot determines that the agency generally Islands, Controlling Paperwork Burdens on the issues very few or no regulations. The ASPA 109 , Orkney Public National Science Foundation received Islands such a waiver from the requirements of This final rule does not contain any ASPA 110 , South Orkney Executive Order 13777. recordkeeping or reporting requirements Islands or other information collection ASPA 111 Southern Powell Island and No Takings Implications requirements as defined in 5 CFR part adjacent islands, South Orkney The Foundation has determined that 1320 that are not already required by Islands the final rule will not involve the taking law or not already approved for use. ASPA 112 , of private property pursuant to E.O. Accordingly, the review provisions of Island, 12630. the Paperwork Reduction Act of 1995 ASPA 113 , Arthur (44 U.S.C. 3501 et seq.) and its Harbour, , Palmer Civil Justice Reform implementing regulations at 5 CFR part Archipelago The Foundation has considered this 1320 do not apply. ASPA 115 , final rule under E.O. 12988 on civil Marguerite Bay, justice reform and determined the List of Subjects in 45 CFR Part 670 ASPA 116 , principles underlying and requirements Administrative practice and , , Ross of E.O. 12988 are not implicated. procedure, Antarctica, Exports, Imports, Island ASPA 117 , Marguerite Federalism and Consultation and Plants, Reporting and recordkeeping requirements, Wildlife. Bay, Antarctic Peninsula Coordination With Indian Tribal ASPA 119 and Forlidas Pursuant to the authority granted by Governments Pond, , Pensacola 16 U.S.C. 2405(a)(1), NSF hereby The Foundation has considered this Mountains amends 45 CFR part 670 as set forth final rule under the requirements of E.O. ASPA 120 Pointe-Geologie below: 13132 on federalism and has Archipelego, Terre Adelie determined that the final rule conforms PART 670—[AMENDED] ASPA 121 , with the federalism principles set out in ASPA 122 , Hut Point this E.O.; will not impose any ■ 1. The authority citation for part 670 Peninsula, Ross Island compliance costs on the States; and will continues to read as follows: ASPA 123 Barwick and Balham not have substantial direct effects on the Valleys, Southern Victoria Land Authority: 16 U.S.C. 2405, as amended. States, the relationship between the ASPA 124 , Ross Island Federal Government and the States, or ■ 2. Section 670.29 is revised to read as ASPA 125 , King the distribution of power and follows: George Island (25 de Mayo) responsibilities among the various ASPA 126 , Livingston § 670.29 Designation of Antarctic Specially Island, South Shetland Islands levels of government. Therefore, the Protected Areas, Specially Managed Areas, Foundation has determined that no and Historic Sites and Monuments. ASPA 127 further assessment of federalism ASPA 128 Western shore of Admiralty (a) The following areas have been implications is necessary. Bay, King George Island, South designated by the Antarctic Treaty Moreover, the Foundation has Shetland Islands Parties for special protection and are determined that promulgation of this ASPA 129 Rdthera Point, Adelaide hereby designated as Antarctic specially final rule does not require advance Island protected areas (ASPA). The Antarctic consultation with Indian Tribal officials ASPA 131 Canada , Lake Conservation Act of 1978, as amended, as set forth in E.O. 13175, Consultation Fryxell, , Victoria Land prohibits, unless authorized by a permit, and Coordination with Indian Tribal ASPA 132 , King any person from entering or engaging in Governments. George Island (Isla 25 de Mayo) activities within an ASPA. Detailed (South Shetland Islands) Energy Effects maps and descriptions of the sites and ASPA 133 , Nelson The Foundation has reviewed this complete management plans can be Island, South Shetland Islands final rule under E.O. 13211, Actions obtained from the National Science ASPA 134 Cierva Point and offshore Concerning Regulations That Foundation, Office of Polar Programs, islands, , Antarctic Significantly Affect Energy Supply, National Science Foundation, Room Peninsula Distribution, or Use. The Foundation 755, 4201 Wilson Boulevard, Arlington, ASPA 135 North-eastern Bailey has determined that this final rule does Virginia 22230. Peninsula, Budd Coast, not constitute a significant energy action ASPA 101 , Mac. ASPA 136 , Budd as defined in the E.O. Robertson Land Coast, Wilkes Land ASPA 102 , Holme ASPA 137 North-west White Island, Unfunded Mandates Bay, Mac. Robertson Land McMurdo Sound Pursuant to Title II of the Unfunded ASPA 103 and Odbert ASPA 138 , Asgard Mandates Reform Act of 1995 (2 U.S.C. Island, Budd Coast, Wilkes Land Range, Victoria Land

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ASPA 139 , Anvers Island, ASPA 173 Cape and Point, in memory of driver-mechanic Silverfish Bay, Bay, Ross Ivan Kharma. ASPA 140 Parts of , Sea HSM 8 Metal Monument sledge and South Shetland Islands ASPA 174 Stornes, , plaque at Observatory, Mabus ASPA 141 , Point, in memory of driver-mechanic Langhovde, Lutzow-Holm Bay ASPA 175 High Altitude Geothermal Anatoly Shcheglov. ASPA 142 Svarthamaren sites of the Ross Sea HSM 9 Cemetery on Buromskiy ASPA 143 Marine Plain, Mule (b) The following areas have been Island, near Mirny Observatory. Peninsula, , Princess designated by the Antarctic Treaty HSM 10 Building (Magnetic Elizabeth Land Parties for special management and Observatory) at Dobrowolsky Station, ASPA 144 Bay ( Bay), have been designated as Antarctic Hunger Hills, with plaque in memory of , South Shetland specially managed areas (ASMA). the opening of Oasis Station in 1956. Islands Detailed maps and descriptions of the HSM 11 Heavy at Vostock ASPA 145 , Deception sites and complete management plans Station with plaque in memory of the Island, South Shetland Islands can be obtained from the National opening of the Station in 1957. ASPA 146 South Bay, , Science Foundation, Office of Polar HSM 14 Site of cave at Palmer Archipelago Programs, Room 755, 4201 Wilson , , ASPA 147 and Boulevard, Arlington, Virginia 22230. constructed in March 1912 by Victor , Campbell’s Northern Party. ASMA 1 Admiralty Bay, King George ASPA 148 , , HSM 15 Hut at Cape Royds, Ross Island Antarctic Peninsula Island, built in February 1908 by the ASMA 2 McMurdo Dry Valleys, ASPA 149 and San British Antarctic Expedition. Southern Victoria Land Telmo Island, , HSM 16 Hut at , Ross ASMA 4 Deception Island South Shetland Islands Island, built in 1911 by the ASMA 5 Amundsen-Scott ASPA 150 , Maxwell British Antarctic Expedition. Station, South Pole Bay, King George Island (25 de Mayo) HSM 17 Cross on Wind Vane Hill, ASMA 6 Larsemann Hills, East ASPA 151 , King George Cape Evans, Ross Island, erected by the Antarctica Island, South Shetland Islands in memory of three ASMA 7 Southwest Anvers Island and ASPA 152 Western members of the party who died in the ASPA 153 Eastern Dallmann Bay Palmer Basin vicinity in 1916. ASPA 154 Botany Bay, Cape , (c) The following areas have been HSM 18 Hut at Hut Point, Ross Victoria Land designated by the Antarctic Treaty Island, built in by the ASPA 155 Cape Evans, Ross Island Parties as historic sites or monuments British Antarctic Expedition. ASPA 156 , , (HSM). The Antarctic Conservation Act HSM 19 Cross at Hut Point, Ross Ross Island of 1978, as amended, prohibits any Island, erected in February 1904 by the ASPA 157 , Cape Royds, damage, removal or destruction of a British Antarctic Expedition in memory Ross Island historic site or monument listed of George Vince. ASPA 158 Hut Point, Ross Island pursuant to Annex V to the Protocol. HSM 20 Cross on Observation Hill, ASPA 159 , Borchgrevink Descriptions of the sites or monuments Ross Island, erected in January 1913 in Coast can be obtained from the National by the British Antarctic Expedition in ASPA 160 , Windmill Science Foundation, Office of Polar memory of Captain Robert F Scott’s Islands, Wilkes Land, Programs, Room 755, 4201 Wilson party which perished on the return ASPA 161 Terra Nova Bay, Ross Sea Boulevard, Arlington, Virginia 22230. journey from the South Pole. ASPA 162 Mawson’s Huts, Cape HSM 1 Flag mast erected in HSM 21 Remains of stone hut at Denison, , George December 1965 at South Geographical Cape Crozier, Ross Island, constructed V Land, East Antarctica Pole by the First Argentine Overland in July 1911 by the British Antarctic ASPA 163 Glacier, Polar Expedition. Expedition. Dronning Land HSM 2 Rock cairn and plaques HSM 22 Three huts and associated ASPA 164 Scullin and Murray erected in January 1961 at Syowa relics at Cape Adare Two built in Monoliths, Mac. Robertson Land Station in memory of Shun Fukushima. February 1899 the third was built in ASPA 165 , Wood HSM 3 Rock cairn and plaque February 2011 all by the British Bay, Ross Sea erected in January 1930 by Sir Douglas Antarctic Expedition. ASPA 166 Port-Martin, Terre Adelie Mawson on , HSM 23 Grave at Cape Adare of ASPA 167 , Vestfold . Norwegian biologist . Hills, , HSM 4 Station building to which a HSM 24 Rock cairn, known as Princess Elizabeth Land, East bust of V.I. is fixed together with ‘‘Amundsen’s cairn,’’ at Mount Betty, Antarctica a plaque in memory of the conquest of Queen Maud Range erected by Roald ASPA 168 , Grove the , by Soviet Amundsen in January 1912. Mountains, East Antarctica Antarctic Explorers in 1958. HSM 26 Abandoned installations of ASPA 169 , Ingrid HSM 5 Rock cairn and plaque at Argentine Station ‘‘General San Martin’’ Christensen Coast, Princess Elizabeth Cape Bruce, Mac. Robertson Land, on Barry Island, Debenham Islands, Land, East Antarctica erected in February 1931 by Sir Douglas Marguerite Bay, Antarctic Peninsula. ASPA 170 Marion Nunataks, Charcot Mawson. HSM 27 Cairn with a replica of a Island, Antarctic Peninsula HSM 6 Rock cairn and canister at lead plaque erected at Megalestris Hill, ASPA 171 Narebski Point, Barton Walkabout Rocks, Vestfold Hills, in 1909 by the second Peninsula, King George Island Princess Elizabeth Land, erected in 1939 French expedition. ASPA 172 Lower and by Sir . HSM 28 Rock Cairn at , , Taylor Vallye, McMurdo HSM 7 Stone with inscribed plaque, , with wooden pillar and Dry Valleys, Victoria Land erected at Mirny Observatory, Mabus plaque.

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HSM 29 Lighthouse named HSM 47 Wooden building called HSM 68 Site of depot at Hells Gate ‘‘Primero de Mayo’’ erected on Lambda ‘‘Base Marret’’ on the Ile des Petrels, Moraine, Inexpressible Island, Terra Island, , by Terre Adelie. Nova Bay. in 1942. HSM 48 Iron Cross on the North- HSM 69 Message post at Cape HSM 30 Shelter at Paradise Harbour East headland of the Ile des Petrels, Crozier, Ross Island, erected January erected in 1950. Terre Adelie. 1902 by Capt. Robert F. Scott’s HSM 32 Concrete Monolith erected HSM 49 Concrete pillar erected by . in 1947 near Capitan Arturo Prat Base the First Polish Antarctic Expedition at HSM 70 Message post at Cape on Greenwich Island, South Shetland Dobrowski Station on Bunger Hill in Wadworth, Coulman Island, erected Islands. January 1959, to measure acceleration by Capt. Robert F. Scott. HSM 33 Shelter and cross with due to gravity. HSM 71 Whalers Bay, Deception plaque near Capitan Arturo Prat Base HSM 50 Brass Plaque bearing the Island, South Shetland Islands (includes Greenwich Island, South Shetland Polish Eagle at Fildes Peninsula, King artifacts). Islands. George Island, South Shetland Islands. HSM 72 Mikkelsen Cairn, Tryne HSM 51 Grave of Wlodzimierz HSM 34 Bust at Capitan Arturo Prat Islands, Vestfold Hills. Puchalski, surmounted by an iron cross base Greenwich Island, South Shetland HSM 73 Memorial Cross for the south of Arctowski station on King Islands, of Chilean naval hero Arturo 1979 Mount Erebus crash victims, Prat. George Island, South Shetland Islands. HSM 52 Monolith commemorating erected in January 1987 at Lewis Bay, HSM 35 Wooden cross and statue of Ross Island. the Virgin of Carmen erected in 1947 the establishment on 20 February 1965 of the ‘‘Great Wall Station’’ on Fildes HSM 74 Unnamed cove on the near Capitan Arturo Prat base south-west coast of , Greenwich Island, South Shetland Peninsula, King George Island, South Shetland Islands. South Shetland Islands, including the Islands. foreshore and intertidal area, in which HSM 36 Replica of a metal plaque HSM 53 Bust of Captain Luis Alberto Pardo, monolith and plaques on the wreckage of a large wooden sailing erected by Eduard Dallman at Potter vessel is located. Cove, King George Island, South , Elephant Island, South Shetland Islands. HSM 75 ‘‘A Hut’’ of , Pram Shetland Islands. Point, Ross Island. HSM 37 Statue erected in 1948 at HSM 54 Richard E. Byrd Historic Monument, a bronze bust at McMurdo HSM 76 Ruins of base Pedro Aguirre General Hernando O’Higgins Base Cerda, , Deception (Chile) . Station. HSM 55 , Antarctica, Island, South Shetland Islands. HSM 38 Wooden hut on Snow Hill (Buildings and HSM 77 , Island built in February 1902 by the artifacts) erected by the Antarctic Commonwealth Bay, Land, Swedish South Polar Expedition. including Boat Harbour and the historic HSM 39 Stone hut at Hope Bay, Service Expedition (1939–1941) and the Ronne Antarctic Research Expedition artifacts contained within its waters. Trinity Peninsula built in (1947–1948). HSM 78 Memorial Plaque at India by the Swedish South Polar Expedition. HSM 56 , Danco HSM 40 Bust of General San Martin, Point, Humboldt Mountains, Wohlthat Coast, (remains of hut and environs). Massif, central Dronning Maud Land. grotto with statue of the Virgin Lujan, a HSM 57 Plaque at ‘‘Yankee Bay’’ flag mast and graveyard at Base HSM 79 Lillie Marleen Hut, Mt. (), MacFarlane Strait, Dockery, , Northern Esperanza, Hope Bay Trinity Peninsula, Greenwich Island, South Shetland erected by Argentina in 1955. Victoria Land. Islands. HSM 80 Amundsen’s Tent erected HSM 41 Stone hut and grave at HSM 59 Cairn on , built in 1903 by members in December 1911 at the South Pole. Cape Shirreff, Livingston Island, South HSM 81 Rocher du Debarguement of the Swedish South Polar Expedition. Shetland Islands and a Plaque on ‘Cerro HSM 42 Area of bay, Laurie (Landing Rock). Gaviota’ opposite Islets. HSM 82 Monument to the Antarctic Island, South Orkney containing stone HSM 60 Wooden plaque and cairn huts built in 1903 by the Scottish Treaty and Plaques, Fildes Peninsula, placed in November 1903 at ‘‘ King George Island, South Shetland Antarctic Expedition, Argentine Bay,’’ (Marambio), meteorological hut and magnetic Islands. James . HSM 83 Base ‘‘W’’ established in observatory (Moneta house) and HSM 61 ‘‘Base A’’ at , 1956 at , Lallemande graveyard. , off . HSM 43 Cross erected in 1955 and HSM 62 ‘‘Base F’’ (Wordie House)’ Fjord, Loubert Coast . subsequently moved to Belgrano II on Winter Island, Argentine Islands. HSM 84 Hut at erected in 1973 at Station, Nunatak Bertrab, Confin Coast, HSM 63 ‘‘Base Y’’ on Horseshoe , , Wiencke in 1979. Island, Marguerite Bay, western Graham Island, Palmer Archipelago. HSM 44 Plaque erected at temporary Land. HSM 85 Plaque Commemorating the Indian Station ‘‘Dakshin Gangotri,’’ HSM 64 ‘‘Base E’’ on Stonington PM–3A Nuclear Power Plant at Princess Astrid Kyst, Droning Maud Island, Marguerite Bay, western Graham McMurdo Station. Land, listing the names of the first Land. HSM 86 No.1 Building Indian Antarctic Expedition. HSM 65 Message post erected in Commemorating China’s Antarctic HSM 45 Plaque on , January 1895 on Svend Foyn Island, Expedition at Great Wall Station. on , at a height of 70m . HSM 87 Location of the first on the crest of the moraine separating HSM 66 Prestrud’s cairn, Scott permanently occupied German this point from the glacier and bearing Nunataks, Alexandra Mountains, Antarctic research station ‘‘Georg an inscription. Edward VII Peninsula erected in Forster’’ at the , HSM 46 All of the buildings and December 1911. Dronning Maud Land. installations of Port-Martin Base, Terre HSM 67 Rock shelter known as HSM 88 Professor Kudryashov’s Adelie, constructed in 1950 by the 3rd ‘‘ House,’’ erected in 1911 at Drilling Complex Building, French expedition in Terre Adelie. , Granite Harbour. Station.

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HSM 89 HSM 91 Lame Dog Hut at the Dated: April 9, 2019. 1910–12, Upper ‘‘Summit Camp’’, Bulgarian base St. Kliment Ohridski, Lawrence Rudolph, Mount Erebus. Livingston Island. General Counsel. HSM 90 Terra Nova Expedition HSM 92 Oversnow heavy tractor [FR Doc. 2019–08024 Filed 4–22–19; 8:45 am] 1910–12, Lower ‘‘Camp E’’ Site, Mount ‘‘Kharkovchanka’’ that was used in BILLING CODE 7555–01–M Erebus. Antarctica from 1959 to 2010.

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