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.) 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.
There is a decrease of 37 hours
in the total estimated respondent burden compared with the ICR
currently approved by OMB. This decrease is the result of a change
to the level of environmental documentation EPA anticipates the
operators will submit. Operators no longer have to submit paper
copies to the EPA and thus, there are no costs for file storage,
photocopying, and postage. In addition, the Final Rule does not
require file storage or audits.
$58,285
No
No
No
No
No
Uncollected
Julie Roemele 202
564-5632
No
On behalf of this Federal agency, I certify that
the collection of information encompassed by this request complies
with 5 CFR 1320.9 and the related provisions of 5 CFR
1320.8(b)(3).
The following is a summary of the topics, regarding
the proposed collection of information, that the certification
covers:
(i) Why the information is being collected;
(ii) Use of information;
(iii) Burden estimate;
(iv) Nature of response (voluntary, required for a
benefit, or mandatory);
(v) Nature and extent of confidentiality; and
(vi) Need to display currently valid OMB control
number;
If you are unable to certify compliance with any of
these provisions, identify the item by leaving the box unchecked
and explain the reason in the Supporting Statement.
1808ss08.docx
Environmental Impact Assessment of Nongovernmental Activities in Antarctica (Renewal)