50164 Federal Register / Vol. 63, No. 182 / Monday, September 21, 1998 / Rules and Regulations following sections within those subparts delegation of future NSPS source Royds, Hut Point, and Cape Adare. that may not be delegated. Future NSPS categories upon publication of this Accordingly, the final rule has been regulations will contain a list of sections Federal Register notice. revised to incorporate these three new that will not be delegated for that The Office of Management and Budget specially protected areas. No public subpart. has exempted this rule from the comment is needed because the 1. Subpart AЧ 60.8(b) (1) thru (5), requirements of section 6 of Executive addition of these three sites merely § 60.11(e) (7) and (8), § 60.13 (g), (i) Order 12866. implements measures adopted at the and (j)(2) The Congressional Review Act, 5 ATCM. U.S.C. 801 et seq., as added by the Small 2. Subpart BЧ 60.22, § 60.27, and Determinations § 60.29 Business Regulatory Enforcement 3. Subpart DaЧ 60.45a Fairness Act of 1996, does not apply NSF has determined, under the 4. Subpart DbЧ 60.44b(f), § 60.44b(g), because this action is not a rule, as that criteria set forth in Executive Order § 60.49b(a)(4) term is defined in 5 U.S.C. 804(3). 12866, that this rule is not a significant 5. Subpart DcЧ 60.48c(a)(4) Authority: This notice is issued under the regulatory action requiring review by 6. Subpart EcЧ 60.56(c)(i) authority of sections 101, 110, 111, 112 and the Office of Information and Regulatory 7. Subpart JЧ 60.105(a)(13)(iii), 301 of the Clean Air Act, as Amended (42 Affairs. As required by the Regulatory § 60.106(i)(12) U.S.C. 7401, 7410, 7411, 7412 and 7601). Flexibility Act, it is hereby certified that 8. Subpart KaЧ 60.114a Dated: September 8, 1998. this rule will not have a significant 9. Subpart KbЧ 60.111b(f)(4), A. Stanley Meiburg, impact on a substantial number of small § 60.114b, § 60.116b(e)(3) (iii) and (iv), Acting Regional Administrator, Region 4. businesses. For purposes of the Paperwork Reduction Act (44 U.S.C. § 60.116b(f)(2)(iii) [FR Doc. 98±25203 Filed 9±18±98; 8:45 am] 3501 et seq.), the permit application and 10. Subpart OЧ 60.153(e) BILLING CODE 6560±50±P 11. Subpart EEЧ 60.316(d) reporting collection of information 12. Subpart GGЧ 60.334(b)(2), requirements have been approved by the Office of Management and Budget (OMB § 60.335(f)(1) NATIONAL SCIENCE FOUNDATION 13. Subpart RRЧ 60.446(c) No. 3145±0034). Finally, NSF has 14. Subpart SSЧ 60.456(d) 45 CFR Part 670 reviewed this rule in light of section 2 15. Subpart TTЧ 60.466(d) of Executive Order 12778 and I certify 16. Subpart UUЧ 60.474(g) RIN 3145±AA34 for the National Science Foundation 17. Subpart VVЧ 60.482±1(c)(2) and that this rule meets the applicable Conservation of Antarctic Animals and standards provided in sections 2(a) and § 60.484 Plants 18. Subpart WWЧ 60.496(c) 2(b) of that order. 19. Subpart XXЧ 60.502(e)(6) AGENCY: National Science Foundation List of Subjects in 45 CFR Part 670 20. Subpart AAAЧ 60.533, § 60.534, (NSF). Administrative practice and § 60.535, § 60.536(i)(2), § 60.537, ACTION: Final rule. § 60.538(e), § 60.539 procedure, Antarctica, Exports, Imports, 21. Subpart BBBЧ 60.543(c)(2)(ii)(B) SUMMARY: NSF is issuing a final rule that Reporting and recordkeeping 22. Subpart DDDЧ 60.562±2(c) amends its existing regulations for the requirements, Wildlife. 23. Subpart IIIЧ 60.613(e) conservation and protection of Antarctic Dated: September 9, 1998 24. Subpart NNNЧ 60.663(e) animals and plants. These revisions Lawrence Rudolph, 25. Subpart RRRЧ 60.703(e) implement amendments to the Antarctic General Counsel, National Science 26. Subpart SSSЧ 60.711(a)(16), Conservation Act of 1978 contained in Foundation. § 60.713(b)(1)(i), § 60.713(b)(1)(ii), the Antarctic Science Tourism and For the reasons set forth in the § 60.713(b)(5)(i), § 60.713(d), Conservation Act of 1996. preamble, the National Science § 60.715(a), § 60.716 EFFECTIVE DATE: November 5, 1998. Foundation hereby revises 45 CFR part 27. Subpart TTTЧ 60.723(b)(1), FOR FURTHER INFORMATION CONTACT: 670 to read as follows: § 60.723(b)(2)(i)(C), § 60.723(b)(2)(iv), Anita Eisenstadt, Office of the General § 60.724(e), § 60.725(b) Counsel, at 703±306±1060. PART 670ÐCONSERVATION OF 28. Subpart VVVЧ 60.743(a)(3)(v)(A) SUPPLEMENTARY INFORMATION: On June 2, ANTARCTIC ANIMALS AND PLANTS and (B), § 60.743(e), § 60.745(a), § 60.746 1998, the National Science Foundation Subpart AÐIntroduction After a thorough review of the (NSF) published a proposed rule to request, the Regional Administrator has revise its existing regulations for the Sec. determined that such a delegation conservation and protection of Antarctic 670.1 Purpose of regulations. request was appropriate for all source animals and plants and invited public 670.2 Scope. categories. All sources subject to the comment on the rule. (63 FR 29963). 670.3 Definitions. requirements of 40 CFR Part 60 will The only public comment concerned a Subpart BÐProhibited Acts, Exceptions now be under the jurisdiction of the typographical error in the Federal 670.4 Prohibited acts. State of Florida. Register notice. 670.5 Exception in extraordinary Since review of the pertinent laws, Since the proposed rule was circumstances. rules, and regulations for the State published, the Antarctic Treaty Parties 670.6 Prior possession exception. agency has shown them to be adequate adopted a measure to establish three 670.7 Food exception. for implementation and enforcement of additional specially protected areas. At 670.8 Foreign permit exception. existing, previously adopted, the 22nd Antarctic Treaty Consultative 670.9 Antarctic Conservation Act undelegated NSPS and future NSPS, Meeting (ATCM) held in Tromso, enforcement exception. 670.10 [Reserved] EPA hereby notifies the public that it Norway from May 25, 1998 to June 5, has delegated the authority for existing, 1998, the Parties adopted Measure 1 Subpart CÐPermits previously adopted and undelegated (1998) which added as specially 670.11 Applications for permits. NSPS as well as the mechanism for protected areas the historic sites at Cape 670.12 General issuance criteria. Federal Register / Vol. 63, No. 182 / Monday, September 21, 1998 / Rules and Regulations 50165 670.13 Permit administration. (d) Receiving, acquiring, transporting, consistent with plans adopted by the 670.14 Conditions of permits. offering for sale, selling, purchasing, Antarctic Treaty Consultative Parties. 670.15 Modification, suspension, and importing, exporting or having custody, Native bird means any member, at any revocation. control, or possession of any mammal, stage of its life cycle, of any species of 670.16 [Reserved] bird, or plant native to Antarctica that the class Aves which is indigenous to Subpart DÐNative Mammals, Birds, Plants, was taken in violation of the Act. Antarctica or occurs there seasonally and Invertebrates (e) Introducing into Antarctica any through natural migrations, that is 670.17 Specific issuance criteria. member of a non-native species. designated in subpart D of this part. It 670.18 Content of permit applications. includes any part, product, egg, or 670.19 Designation of native mammals. § 670.3 Definitions. offspring of or the dead body or parts 670.20 Designation of native birds. In this part: thereof excluding fossils. 670.21 Designation of native plants. Act means the Antarctic Conservation Native invertebrate means any 670.22 [Reserved] Act of 1978, Public Law 95±541 (16 terrestrial or freshwater invertebrate, at Subpart EÐSpecially Protected Species of U.S.C. 2401 et seq.) as amended by the any stage of its life cycle, which is Mammals, Birds, and Plants Antarctic Science, Tourism, and indigenous to Antarctica. It includes 670.23 Specific issuance criteria. Conservation Act of 1996, Public Law any part thereof, but excludes fossils. 670.24 Content of permit applications. 104±227. Native mammal means any member, 670.25 Designation of specially protected Antarctic Specially Protected Area at any stage of its life cycle, of any species of native mammals, birds and means an area designated by the species of the class Mammalia, which is plants. Antarctic Treaty Parties to protect indigenous to Antarctica or occurs there 670.26 [Reserved] outstanding environmental, scientific, seasonally through natural migrations, Subpart FÐAntarctic Specially Protected historic, aesthetic, or wilderness values that is designated in subpart D of this Areas or to protect ongoing or planned part. It includes any part, product, 670.27 Specific issuance criteria. scientific research, designated in offspring of or the dead body or parts 670.28 Content of permit applications. subpart F of this part. thereof but excludes fossils. 670.29 Designation of Antarctic specially Antarctica means the area south of 60 Native plant means any terrestrial or protected areas. degrees south latitude. freshwater vegetation, including 670.30 [Reserved] Director means the Director of the bryophytes, lichens, fungi, and algae, at Subpart GÐImport into and Export from the National Science Foundation, or an any stage of its life cycle which is United States officer or employee of the Foundation indigenous to Antarctica that is designated by the Director. designated in subpart D of this part. It 670.31 Specific issuance criteria for Harmful interference meansÐ imports. includes seeds and other propagules, or 670.32 Specific issuance criteria for (a) Flying or landing helicopters or parts of such vegetation, but excludes exports.