Notice2022-18642
Proposed Information Collection Request; Comment Request; Environmental Impact Assessment of Nongovernmental Activities in Antarctica (Renewal)
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
August 30, 2022
Issuing agencies
Environmental Protection Agency
Abstract
The Environmental Protection Agency is planning to submit an information collection request (ICR), "Environmental Impact Assessment of Nongovernmental Activities in Antarctica (Renewal)" (EPA ICR No. 1808.09, OMB Control No. 2020-0007) to the Office of Management and Budget (OMB) for review and approval in accordance with the Paperwork Reduction Act (PRA). Before doing so, the EPA is soliciting public comments on specific aspects of the proposed information collection as described below. This is a proposed extension of the ICR, which is currently approved through April 30, 2023. An Agency may not conduct, or sponsor and a person is not required to respond to a collection of information unless it displays a currently valid OMB control number.
Full Text
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<title>Federal Register, Volume 87 Issue 167 (Tuesday, August 30, 2022)</title>
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[Federal Register Volume 87, Number 167 (Tuesday, August 30, 2022)]
[Notices]
[Pages 52965-52967]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-18642]
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ENVIRONMENTAL PROTECTION AGENCY
[EPA-HQ-OA-2019-0370; FRL-OP-OFA-032]
Proposed Information Collection Request; Comment Request;
Environmental Impact Assessment of Nongovernmental Activities in
Antarctica (Renewal)
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice.
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SUMMARY: The Environmental Protection Agency is planning to submit an
information collection request (ICR), ``Environmental Impact Assessment
of Nongovernmental Activities in Antarctica (Renewal)'' (EPA ICR No.
1808.09, OMB Control No. 2020-0007) to the Office of Management and
Budget (OMB) for review and approval in accordance with the Paperwork
Reduction Act (PRA). Before doing so, the EPA is soliciting public
comments on specific aspects of the proposed information collection as
described below. This is a proposed extension of the ICR, which is
currently approved through April 30, 2023. An Agency may not conduct,
or sponsor and a person is not required to respond to a collection of
information unless it displays a currently valid OMB control number.
DATES: Comments must be submitted on or before October 31, 2022.
ADDRESSES: Submit your comments, referencing Docket ID No. EPA-HQ-OA-
2019-0296, online using <a href="http://www.regulations.gov">www.regulations.gov</a> (our preferred method) or
by mail to: EPA Docket Center, Environmental Protection Agency, Mail
Code 28221T, 1200 Pennsylvania Ave. NW, Washington, DC 20460.
[[Page 52966]]
The EPA's policy is that all comments received will be included in
the public docket without change including any personal information
provided, unless the comment includes profanity, threats, information
claimed to be Confidential Business Information (CBI) or other
information whose disclosure is restricted by statute.
FOR FURTHER INFORMATION CONTACT: Julie Roemele, NEPA Compliance
Division, Office of Federal Activities, Mail Code 2501G, Environmental
Protection Agency, 1200 Pennsylvania Ave. NW, Washington, DC 20460;
telephone number: 202-564-5632; email address: <a href="/cdn-cgi/l/email-protection#9deff2f8f0f8f1f8b3f7e8f1f4f8ddf8edfcb3faf2eb"><span class="__cf_email__" data-cfemail="b4c6dbd1d9d1d8d19adec1d8ddd1f4d1c4d59ad3dbc2">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: Supporting documents which explain in detail
the information that the EPA will be collecting are available in the
public docket for this ICR. The docket can be viewed online at
<a href="http://www.regulations.gov">www.regulations.gov</a> or in person at the EPA Docket Center, WJC West,
Room 3334, 1301 Constitution Ave. NW, Washington, DC. The telephone
number for the Docket Center is 202-566-1744. For additional
information about the EPA's public docket, visit <a href="https://www.epa.gov/dockets">https://www.epa.gov/dockets</a>.
Pursuant to section 3506(c)(2)(A) of the PRA, the EPA is soliciting
comments and information to enable it to: (i) evaluate whether the
proposed collection of information is necessary for the proper
performance of the functions of the Agency, including whether the
information will have practical utility; (ii) evaluate the accuracy of
the Agency's estimate of the burden of the proposed collection of
information, including the validity of the methodology and assumptions
used; (iii) enhance the quality, utility, and clarity of the
information to be collected; and (iv) minimize the burden of the
collection of information on those who are to respond, including
through the use of appropriate automated electronic, mechanical, or
other technological collection techniques or other forms of information
technology, e.g., permitting electronic submission of responses. The
EPA will consider the comments received and amend the ICR as
appropriate. The final ICR package will then be submitted to OMB for
review and approval. At that time, the EPA will issue another Federal
Register notice to announce the submission of the ICR to OMB and the
opportunity to submit additional comments to OMB.
Abstract: The 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 provides
nongovernmental operators with the specific requirements they need to
meet 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 at which the CEE may be addressed.)
The Protocol and the Rule also require an operator to employ
procedures to assess and provide a regular and verifiable record of the
actual impacts of an activity which proceeds based on an IEE or CEE.
The record developed through these measures needs to be designed to:
(a) enable assessments to be made of the extent to which environmental
impacts of nongovernmental expeditions are consistent with the
Protocol; and (b) provide information useful for minimizing and
mitigating those impacts and, where appropriate, on the need for
suspension, cancellation, or modification of the activity. Moreover, an
operator needs to monitor key environmental indicators for an activity
proceeding based on a CEE. An operator may also need to carry out
monitoring 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. Should an activity
require a CEE, the operator should consult with the EPA to: (a)
identify the monitoring regime appropriate to that activity, and (b)
determine whether and how the operator might utilize relevant
monitoring data collected by the U.S. Antarctic Program. OFA would
consult with the National Science Foundation (NSF) and other interested
Federal agencies regarding the monitoring regime.
Environmental documents (e.g., PERM, IEE, CEE) are submitted to
OFA. Environmental documents are reviewed by OFA, in consultation with
the NSF and other interested Federal agencies and made available to
other Parties and the public as required under the Protocol or
otherwise requested. OFA notifies the public of document availability
at: <a href="https://www.epa.gov/international-cooperation/receipt-environmental-impact-assessments-eias-regarding-nongovernmental">https://www.epa.gov/international-cooperation/receipt-environmental-impact-assessments-eias-regarding-nongovernmental</a>.
The types of nongovernmental activities currently being carried out
(e.g., ship-based tours, land-based tours, flights, and privately
funded research expeditions) are typically unlikely to have impacts
that are more than minor
[[Page 52967]]
or transitory, thus an IEE is the typical level of environmental
documentation submitted. For the 1997-1998 through 2021-2022 austral
summer seasons during the time the Rule has been in effect, all
respondents submitted IEEs except for three PERMs. Paperwork reduction
provisions in the Rule that are used by the operators include: (a)
incorporation of material in the environmental document by referring to
it in the IEE, (b) inclusion of all proposed expeditions by one
operator within one IEE; (c) use of one IEE to address expeditions
being carried out by more than one operator; and (d) use of multi-year
environmental documentation to address proposed expeditions for a
period of up to five consecutive austral summer seasons.
Form Numbers: None.
Respondents/affected entities: Entities potentially affected by
this action are all nongovernmental operators with activities in
Antarctica, including tour operators, for which the United States is
required to give advance notice under paragraph 5 of Article VII of the
Antarctic Treaty of 1959; this includes all nongovernmental expeditions
to and within Antarctica organized in or proceeding from the territory
of the United States.
Respondent's obligation to respond: Mandatory (40 CFR part 8).
Estimated number of respondents: 28 (total).
Frequency of response: Annual.
Total estimated burden: 2,228 hours (per year). Burden is defined
at 5 CFR 1320.03(b).
Total estimated cost: $167,100 (per year), includes $0 annualized
capital or operation & maintenance costs.
Changes in Estimates: There is an increase of 684 hours in the
total estimated respondent burden compared with the ICR currently
approved by OMB. This increase is the result of a change to the number
of operators that the EPA anticipates will submit environmental
documentation due to more operators traveling to the Antarctic.
Dated: August 24, 2022.
Robert Tomiak,
Director, Office of Federal Activities.
[FR Doc. 2022-18642 Filed 8-29-22; 8:45 am]
BILLING CODE 6560-50-P
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