45 Cfr 673

§ 672.24

45 CFR Ch. VI (10–1–03 Edition)

the decision or order being reviewed
and shall set forth in the final order
the reasons for his actions. The Director may, in his discretion, increase or
decrease the assessed penalty from the
amount recommended in the decision
or order being reviewed, except that if
the order being reviewed is a default
order, the Director may not increase
the amount of the penalty.
(b) Payment of a civil penalty. The respondent shall pay the full amount of
the civil penalty assessed in the final
order within sixty (60) days after receipt of the final order unless otherwise agreed by the parties. Payment
shall be made by forwarding to the
Hearing Clerk a cashier’s check or certified check in the amount of the penalty assessed in the final order, payable
to the Treasurer, United States of
America.
(c) Money due and owing the United
States by virtue of an unappealed final
decision or settlement order may be
collected by referral to the Department
of Justice for appropriate civil action
against respondent.
§ 672.24 Maximum civil monetary penalties for violations.
(a) For violations occurring before
August 1, 1998, the maximum civil penalty that may be assessed under
§§ 672.20(b) and 672.23(a) is set by the
statute at $5,000 for any violation and
$10,000 for knowing violations.
(b) For violations occurring between
August 1, 1998 and August 31, 2002, the
maximum civil penalty was adjusted
under authority of the Federal Civil
Penalties Inflation Adjustment Act of
1990 (28 U.S.C. 2461 note) as amended by
the Debt Collection Improvement Act
of 1996 (Pub. L. 104–134) to $5,500 for any
violation and $11,000 for knowing violations.
(c) For violations occurring after August 31, 2002, the maximum civil penalty is adjusted under authority of the
Federal Civil Penalties Inflation Adjustment Act of 1990 (28 U.S.C. 2461
note) as amended by the Debt Collection Improvement Act of 1996 (Pub. L.
104–134) to $6,500 for any violation and
$11,000 for knowing violations.
[67 FR 55729, Aug. 30, 2002]

PART 673—ANTARCTIC NONGOVERNMENTAL EXPEDITIONS
Sec.
673.1 Purpose of regulations.
673.2 Scope.
673.3 Definitions.
673.4 Environmental protection
tion.
673.5 Emergency response plan.
AUTHORITY: 16 U.S.C. 2401 et. seq.
SOURCE: 66 FR 42451, Aug. 13, 2001, unless
otherwise noted.

§ 673.1

Purpose of regulations.

The purpose of the regulations in this
part is to implement the Antarctic
Conservation Act of 1978, Public Law
95–541, as amended by the Antarctic
Science, Tourism and Conservation Act
of 1996, Public Law 104–227, and Article
15 of the Protocol on Environmental
Protection to the Antarctic Treaty
done at Madrid on October 4, 1991. Specifically, this part requires that all
non-governmental
expeditions,
for
which advance notice by the United
States is required under the Antarctic
Treaty, who use non-flagged vessels ensure that the vessel owner or operator
has an appropriate emergency response
plan. This part is also designed to ensure that expedition members are informed of their environmental protection obligations under the Antarctic
Conservation Act.
(Approved by the Office of Management and
Budget under control number 3145–0180)

§ 673.2

Scope.

The requirements in this part apply
to non-governmental expeditions to or
within Antarctica for which the United
States is required to give advance notice under Paragraph (5) of Article VII
of the Antarctic Treaty.
§ 673.3

Definitions.

In this part:
Antarctica means the area south of 60
degrees south latitude.
Expedition means an activity undertaken by one or more non-governmental persons organized within or
proceeding from the United States to
or within Antarctica for which advance

232

VerDate jul<14>2003

04:37 Oct 22, 2003

Jkt 200180

PO 00000

Frm 00232

Fmt 8010

informa-

Sfmt 8010

Y:\SGML\200180T.XXX

200180T

National Science Foundation

§ 674.2

notification is required under Paragraph 5 of Article VII of the Antarctic
Treaty.
Person has the meaning given that
term in section 1 of title 1, United
States Code, and includes any person
subject to the jurisdiction of the
United States except that the term
does not include any department, agency, or other instrumentality of the
Federal Government.
§ 673.4 Environmental protection information.
(a) Any person who organizes a nongovernmental expedition to Antarctica
and who does business in the United
States shall notify expedition members
of the environmental protection obligations of the Antarctic Conservation
Act.
(b) The National Science Foundation’s Office of Polar Programs may
prepare for publication and distribution explanation of the prohibited acts
set forth in the Antarctic Conservation
Act, as well as other appropriate educational material for tour operators,
their clients, and employees. Such material provided to tour operators for
distribution to their passengers and
crew shall be disseminated prior to or
during travel to the Antarctic.
§ 673.5 Emergency response plan.
Any person organizing a non-governmental expedition to or within Antarctica who is transporting passengers
aboard a non-U.S. flagged vessel shall
ensure that:
(a) The vessel owner’s or operator’s
shipboard oil pollution emergency
plan, prepared and maintained according to Regulation 26 of Annex I of the
International Convention for the Prevention of Pollution from Ships, 1973,
as modified by the Protocol of 1978 relating thereto (MARPOL 73/78), has
provisions for prompt and effective response action to such emergencies as
might arise in the performance of the
vessel’s activities in Antarctica. Any
emergency response plan which satisfies the requirements contained in 33
CFR 151.26 of the U.S. Coast Guard regulations will also satisfy the requirements of this paragraph. If the vessel
owner or operator does not have a shipboard oil pollution emergency plan, a

separate plan for prompt and effective
response action is required.
(b) The vessel owner or operator
agrees to take all reasonable measures
to implement the plan for a prompt
and effective response action in the
event of an emergency, taking into account considerations of risk to human
life and safety.

PART 674—ANTARCTIC METEORITES
Sec.
674.1 Purpose of regulations.
674.2 Scope and applicability.
674.3 Definitions.
674.4 Restrictions on collection of meteorites in Antarctica.
674.5 Requirements for collection, handling,
documentation and curation of Antarctic
meteorites.
674.6 Submission of information to NSF.
674.7 Exception for serendipitous finds.
AUTHORITY: 16 U.S.C. 2401 et seq.
SOURCE: 68 FR 15379, Mar. 31, 2003, unless
otherwise noted.

§ 674.1 Purpose of regulations.
The purpose of the regulations in this
part is to implement the Antarctic
Conservation Act of 1978, as amended
by the Antarctic Science, Tourism and
Conservation Act of 1996, (16 U.S.C 2401
et seq.), and Article 7 of the Protocol on
Environmental Protection to the Antarctic Treaty done at Madrid on October 4, 1991. Specifically, this part is designed to ensure meteorites in Antarctica will be collected for scientific research purposes only and that U.S. expedition organizers to Antarctica who
plan to collect meteorites in Antarctica will ensure that any specimens
collected will be properly collected,
handled, documented and curated to
preserve their scientific value.
§ 674.2 Scope and applicability.
This part applies to any person who
collects meteorites in Antarctica. The
requirements of § 674.5 apply to any
person organizing an expedition to or
within Antarctica for which the United
States is required to give advance notice under Paragraph (5) of Article VII
of the Antarctic Treaty where one of
the purposes of the expedition is to collect meteorites in Antarctica. The requirements in this part only apply to

233

VerDate jul<14>2003

04:37 Oct 22, 2003

Jkt 200180

PO 00000

Frm 00233

Fmt 8010

Sfmt 8010

Y:\SGML\200180T.XXX

200180T