Federal Register / Vol. 77, No. 23 / Friday, February 3, 2012 / Rules and Regulations 5403 Applicable State Name of non-regulatory SIP revision geographic area submittal date EPA approval date Additional explanation ******* Documents Incorporated by Reference (9 VAC Statewide ..................... 5/25/11 2/3/12 [Insert page Addition of paragraphs 5–20–21, Section E.1.a.(1)). number where the (1)(a) and (1)(u). The document begins]. citations of all other paragraphs are re- vised. ******* [FR Doc. 2012–2334 Filed 2–2–12; 8:45 am] managed area (ASMA 7) and five principles underlying and requirements BILLING CODE 6560–50–P historical sites and monuments in of E.O. 12988 are not implicated. Antarctica (HSM 83–87). Federalism and Consultation and Public Participation NATIONAL SCIENCE FOUNDATION Coordination With Indian Tribal The addition of these areas and sites Governments 45 CFR Part 670 merely reflects decisions already made by the Antarctic Treaty Parties at The Foundation has considered this Conservation of Antarctic Animals and various international ATCM meetings. final rule under the requirements of E.O. Plants Because these amendments involve a 13132 on federalism and has determined that the final rule conforms AGENCY: National Science Foundation. foreign affairs function, the provisions with the federalism principles set out in ACTION: Final rule. of Executive Order 12866 and the Administrative Procedure Act (5 U.S.C. this E.O.; will not impose any SUMMARY: Pursuant to the Antarctic 553), requiring notice of proposed compliance costs on the States; and will Conservation Act of 1978, The National rulemaking, opportunity for public not have substantial direct effects on the Science Foundation (NSF) is amending participation, and delay in effective States, the relationship between the its regulations to reflect newly date, are inapplicable. Further, because Federal government and the States, or designated Antarctic Specially Protected no notice of proposed rulemaking is the distribution of power and Areas (ASPA), Antarctic Specially required for this rule, the Regulatory responsibilities among the various Managed Areas (ASMA) and Historical Flexibility Act (5 U.S.C. 601–612) does levels of government. Therefore, the Sites or Monuments (HSM). These not apply. Although this rule is exempt Foundation has determined that no additions reflect measures already from the Regulatory Flexibility Act, it further assessment of federalism adopted by the Antarctic Treaty Parties has nonetheless been determined that implications is necessary. at recent Antarctic Treaty Consultative this rule will not have a significant Meetings (ATCM). Finally, the impact on a substantial number of small Moreover, the Foundation has regulation is being revised to correct businesses. Finally, as the agency has determined that promulgation of this some typographical and numbering determined that this action pertains to final rule does not require advance errors. the foreign affairs function of the United consultation with Indian Tribal officials as set forth in E.O. 13175, Consultation DATES: Effective February 3, 2012. States it accordingly is not a ‘‘rule’’ as and Coordination with Indian Tribal FOR FURTHER INFORMATION CONTACT: that term is used by the Congressional Bijan Gilanshah, Office of the General Review Act (5 U.S.C. 801–808). Governments. Counsel, (703) 292–8060. Therefore, the reporting requirement of 5 U.S.C. 801 does not apply. Energy Effects SUPPLEMENTARY INFORMATION: The Antarctic Conservation Act of 1978, as Environmental Impact The Foundation has reviewed this amended (‘‘ACA’’) (16 U.S.C. 2401, et This final rule makes conforming final rule under E.O. 13211, Actions seq.) implements the Protocol on changes to the National Science Concerning Regulations That Environmental Protection to the Foundation’s regulations to reflect the Significantly Affect Energy Supply, Antarctic Treaty (‘‘the Protocol’’). substantive outcomes of recent Distribution, or Use. The Foundation Annex V contains provisions for the Antarctic Treaty Consultative Meetings. has determined that this final rule does protection of specially designated areas The actions taken by the Antarctic not constitute a significant energy action specially managed areas and historic Treaty Parties to specially protect and as defined in the E.O. sites and monuments. Section 2405 of manage these new Antarctic areas and Unfunded Mandates title 16 of the ACA directs the Director historic resources will result in added of the National Science Foundation to protection of the Antarctic environment Pursuant to Title II of the Unfunded issue such regulations as are necessary and its historic resources. Mandates Reform Act of 1995 (2 U.S.C. and appropriate to implement Annex V 1531–1538), the Foundation has to the Protocol. No Takings Implications assessed the effects of this final rule on The Antarctic Treaty Parties, which The Foundation has determined that State, local, and Tribal governments and includes the United States, periodically the final rule will not involve the taking the private sector. This final rule will adopt measures to establish additional of private property pursuant to E.O. not compel the expenditure of $100 specially protected areas, specially 12630. managed areas and historical sites or million or more by any State, local, or monuments in Antarctica. This rule is Civil Justice Reform Tribal government or anyone in the being revised to reflect three newly The Foundation has considered this private sector. Therefore, a statement added Antarctic specially protected final rule under E.O. 12988 on civil under section 202 of the act is not areas (ASPAs 168–171), one specially justice reform and determined the required. VerDate Mar<15>2010 18:49 Feb 02, 2012 Jkt 226001 PO 00000 Frm 00025 Fmt 4700 Sfmt 4700 E:\FR\FM\03FER1.SGM 03FER1 tkelley on DSK3SPTVN1PROD with RULES 5404 Federal Register / Vol. 77, No. 23 / Friday, February 3, 2012 / Rules and Regulations Controlling Paperwork Burdens on the ASPA 107 Emperor Island, Dion ASPA 139 Biscoe Point, Anvers Island, Public Islands, Marguerite Bay, Antarctic Palmer Archipelago Peninsula ASPA 140 Parts of Deception Island, This final rule does not contain any ASPA 108 Green Island, Berthelot South Shetland Islands recordkeeping or reporting requirements Islands, Antarctic Peninsula ASPA 141 Yukidori Valley, or other information collection ASPA 109 Moe Island, South Orkney Langhovde, Lutzow-Holm Bay requirements as defined in 5 CFR part Islands ASPA 142 Svarthamaren 1320 that are not already required by ASPA 110 Lynch Island, South Orkney ASPA 143 Marine Plain, Mule law or not already approved for use. Islands Peninsula, Vestfold Hills, Princess Accordingly, the review provisions of ASPA 111 Southern Powell Island and Elizabeth Land the Paperwork Reduction Act of 1995 adjacent islands, South Orkney ASPA 144 Chile Bay (Discovery Bay), (44 U.S.C. 3501 et seq.) and its Islands Greenwich Island, South Shetland implementing regulations at 5 CFR part ASPA 112 Coppermine Peninsula, Islands 1320 do not apply. Robert Island, South Shetland Islands ASPA 145 Port Foster, Deception List of Subjects in 45 CFR Part 670 ASPA 113 Litchfield Island, Arthur Island, South Shetland Islands Harbour, Anvers Island, Palmer ASPA 146 South Bay, Doumer Island, Administrative practice and Archipelago procedure, Antarctica, Exports, Imports, Palmer Archipelago ASPA 114 Northern Coronation Island, ASPA 147 Ablation Valley and Plants, Reporting and recordkeeping South Orkney Islands requirements, Wildlife. Ganymede Heights, Alexander Island ASPA 115 Lagotellerie Island, ASPA 148 Mount Flora, Hope Bay, Dated: January 18, 2012. Marguerite Bay, Graham Land Antarctic Peninsula Lawrence Rudolph, ASPA 116 New College Valley, ASPA 149 Cape Shirreff and San General Counsel. Caughley Beach, Cape Bird, Ross Talmo Island, Livingston Island, Island South Shetland Islands Pursuant to the authority granted by ASPA 117 Avian Island, Marguerite 16 U.S.C. 2405(a)(1), NSF hereby ASPA 150 Ardley Island, Maxwell Bay, Antarctic Peninsula Bay, King George Island (25 de Mayo) amends 45 CFR part 670 as set forth ASPA 118 Summit of Mount below: ASPA 151 Lions Rump, King George Melbourne, Victoria Land Island, South Shetland Islands PART 670—[AMENDED] ASPA 119 Davis Valley and Forlidas ASPA 152 Western Bransfield Strait Pond, Dufek Massif, Pensacola ASPA 153 Eastern Dallmann Bay ■ 1. The authority citation for part 670 Mountains ASPA 154 Botany Bay, Cape Geology, continues to read as follows: ASPA 120 Pointe-Geologie Victoria Land Archipelego, Terre Adelie Authority: 16 U.S.C. 2405, as amended. ASPA 155 Cape Evans, Ross Island ASPA 121 Cape Royds, Ross Island ASPA 156 Lewis Bay, Mount Erebus, ■ 2. Section 670.29 is revised to read as ASPA 122 Arrival Heights, Hut Point Ross Island follows: Peninsula, Ross Island ASPA 157 Backdoor Bay, Cape Royds, ASPA 123 Barwick and Balham Ross Island § 670.29 Designation of Antarctic Specially Valleys, Southern Victoria Land ASPA 158 Hut Point, Ross Island Protected Areas, Specially Managed Areas ASPA 124 Cape Crozier, Ross Island ASPA 159 Cape Adare, Borchgrevink and Historic Sites and Monuments. ASPA 125 Fildes Peninsula, King Coast George Island (25 de Mayo) (a) The following areas have been ASPA 160 Frazier Islands, Windmill designated by the Antarctic Treaty ASPA 126 Byers Peninsula, Livingston Island, South Shetland Islands Islands, Wilkes Land, East Antarctica Parties for special protection and are ASPA 161 Terra Nova Bay, Ross Sea hereby designated