(33) Lions Rump, King George Island, South Shetland Islands: Site number 34 as described in Recommendation XVI2. (34) West Bransfield Strait, off Low Island, South Shetland Islands: Site number 35 as described in Recommendation XVI-3. (35) East Dallmann Bay, off Brabant Island: Site number 36 as described in Recommendation XVI-3. [54 FR 24710, June 9, 1989, as amended at 56 FR 49148, Sept. 27, 1991; 59 FR 42519, Aug. 18, 1994; 60 FR 46235, Sept. 6, 1995] $670.35 [Reserved] Subpart 1-Import Into and Export From the United States $670.36 Specific issuance criteria for imports. Subject to compliance with other applicable law, any person who takes a native mammal or native bird or collects a native plant under a permit issued under these regulations may import it into the United States unless the Director finds that importation would not further the purpose for which it was taken or collected. If the importation is for a purpose other than that for which the native mammal or native bird was taken or the native plant collected, the Director may permit importation upon a finding that importation would be consistent with the purposes of the Act, these regulations, or the permit under which they were taken or collected. $670.37 Specific issuance criteria for exports. The Director may permit export from the United States of any native plant taken from a specially protected area or of any native mammal or native bird upon a finding that exportation would be consistent with the purposes of the Act, these regulations, or the permit under which they were taken or collected. $670.38 Contents of permit applications. In addition to the information required in subpart C of this part, an applicant seeking a permit to import into or export from the United States a na tive plant taken from a specially protected area, a native mammal, or a native bird shall include the following in the application: (a) Information demonstrating that the import or export would further the purposes for which the species was taken or collected; or (b) Information demonstrating that the import or export is consistent with the purposes of the Act or these regulations; and (c) A statement as to which U.S. port will be used for the import or export. The application shall also include information describing the intended ultimate disposition of the imported or exported item. § 670.39 Entry and exit ports. Any native plant collected in a specially protected area and any native mammal or native bird imported into or exported from the United States must enter or leave the United States at ports designated by the Secretary of Interior in 50 CFR part 14. The ports presently designated are: (a) New York, New York, (c) Chicago, Illinois, Permits to import or export at nondesignated ports may be sought from the Secretary of Interior pursuant to subpart C, 50 CFR part 14. $670.40 [Reserved] Subpart J-Introduction of NonIndigenous Plants and Animals § 670.41 Specific issuance criteria. For purposes consistent with the Act, only the following plants and animals may be considered for a permit allowing their introduction into Antarctica: (a) Sledge dogs; (b) Domestic animals and plants; and (c) Laboratory animals and plants including viruses, bacteria, yeasts, and fungi. Living non-indigenous species of birds shall not be introduced into Antarctica. § 670.42 Content of permit applications. Applications for the importation of plants and animals into Antarctica must describe (a) the need for the plants or animals, (b) how the applicant will ensure that the plants or animals will not harmfully interfere with the natural system, and (c) how the plants or animals will be removed from Antarctica or destroyed after they have served their purpose. $670.43 Conditions of permits. (a) General. All permits allowing the introduction of non-indigenous plants and animals will require that the animal or plant be kept under controlled conditions to prevent harmful interference with the natural system and that after serving its purpose the plant or animal shall be removed from Antarctica or destroyed in a manner that protects the natural system of Antarctica. (b) Dogs. In addition to the requirements of paragraph (a) of this section, all dogs imported into Antarctica shall be inoculated against the following dis 671.8 Permit administration. 671.9 Conditions of permit. 671.10 Review, modification, suspension and revocation. Subpart D-Waste Management 671.11 Waste storage. 671.12 Waste disposal. 671.13 Waste management for the USAP. Subpart E-Designation of Banned Substances; Reclassification of Pollutants 671.14 Annual review. 671.15 Publication of preliminary deter mination. 671.16 Designation and redesignation of pol lutants. Subpart F-Cases of Emergency 71.17 Cases of Emergency. AUTHORITY: 16 U.S.C. 2405. SOURCE: 58 FR 34719, June 29, 1993, unless otherwise noted. Banned substance means any polychlorinated biphenyls (PCBs), non-sterile soil, polystyrene beads, plastic chips or similar loose polystyrene packing material, pesticides (other than those required for scientific, medical or hygiene purposes) or other substance designated as such under subpart E of this part. Designated pollutant means any substance designated as such by the Director pursuant to subpart E of this part; any pesticide, radioactive substance, or substance consisting of or containing any chemical listed by source, generic or chemical name at 40 CFR 61.01, Table 116.4A of 40 CFR 116.4; subpart D of 40 CFR part 261, 40 CFR 302.4, part 355, and part 372; and any substance which exhibits a hazardous waste characteristic as defined in subparts B and C of 40 CFR part 261; but shall not include any banned substance. Director means the Director of the National Science Foundation, or an officer or employee of the Foundation designated by the Director. Incinerate or Incineration means the processing of material by mechanisms that (1) involve the control of combustion air and/or fuel so as to maintain adequate temperature for efficient combustion; (2) contain the combustion reaction in an enclosed device with sufficient residence time and mixing for complete processing; and (3) control emission of gaseous or particulate combustion products. Master permit means a permit issued to a federal agency, or its agents or contractors, or any other entity, covering activities conducted in connection with USAP or other group activities in Antarctica. NSF or Foundation means the National Science Foundation. Open burning means combustion of any material by means other than incineration. Permit means a permit issued pursuant to subpart C of this part. Private permit means any permit other than a master permit. Protocol means the Protocol on Environmental Protection to the Antarctic Treaty, signed by the United States in Madrid on October 4, 1991, and any and all Annexes thereto, as amended or supplemented from time to time. Release means any spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting, leaching, dumping, burying or disposing of a substance, whether intentionally or accidentally. Station means McMurdo Station, Palmer Station, Amundsen-Scott South Pole Station and any other permanent USAP facility in Antarctica designed to accommodate at least 50 persons at any one time. Substance means any gas, liquid, or solid, or mixture thereof, including biological material. Treaty means the Antarctic Treaty signed in Washington, D.C., on December 1, 1959. United States means the several States of the Union, the District of Columbia, the Commonwealth of Puerto Rico, American Samoa, the Virgin Islands, Guam and the Trust Territory of the Pacific Islands, including the Federated States of Micronesia and the Commonwealth of the Northern Mariana Islands. United States Antarctic Program or USAP means the United States national program in Antarctica. U.S. citizen means any individual who is a citizen or national of the United States; any corporation, partnership, trust, association, or other legal entity existing or organized under the laws of any of the United States; and any department agency or other instrumentality of the Federal government or of any State, and any officer, employee, or agent of such instrumentality. Use means to use, generate or create a substance, or to import a substance into Antarctica, but does not include the shipboard use of a substance, provided that substance is not released or removed from the vessel. Waste means any substance that will no longer be used for any useful purpose, but does not include substances to be recycled in Antarctica, or substances to be reused in a manner different than their initial use, provided such substances are stored in a manner that will prevent their dispersal into the environment, and further provided that they are recycled, reused or disposed of in accordance with the provisions of this Part within three years. Recycling includes, but is not limited to, the reuse, further use, reclamation or extraction of a waste through a process or activity that is separate from the process or activity that produced the waste. (b) Pollutants, generally. All banned substances, designated pollutants and waste shall be considered pollutants for purposes of the Antarctic Conservation Act. Subpart B-Prohibited Acts, 8671.4 Prohibited acts. Unless one of the exceptions stated in §671.5 is applicable, it is unlawful for any U.S. citizen to: (a) Use or release any banned substance in Antarctica; (b) Use or release any designated pollutant in Antarctica, except pursuant to a permit issued by NSF under subpart C of this part; (c) Release any waste in Antarctica, except pursuant to a permit issued by NSF under subpart C of this part; or (d) Violate any term or condition of a permit issued by NSF under subpart C of this part, or any term or condition of any of the regulations issued under this part. §671.5 Exceptions A permit shall not be required for any use or release of designated pollutants or waste allowed under the Act to Prevent Marine Pollution from Ships (33 U.S.C. 1901 et seq.), as amended, or for any shipboard use of banned substances or designated pollutants, provided such substances are not removed from the vessel in Antarctica. Subpart C-Permits §671.6 Applications for permits. (a) General content of permit applications. Each application for a permit shall be dated and signed by the applicant, and shall include the following information: (1) The applicant's name, address and telephone number, the business or institutional affiliation of the applicant, or the name, address and telephone number of the president, principal offi cer or managing partner of the applicant, as applicable; (2) A description of the types, expected concentrations and volumes of wastes and designated pollutants to be released in Antarctica; the nature and timing of such releases; arrangements for waste management, including, without limitation, plans for waste reduction, minimization, treatment and processing, recycling, storage, transportation and disposal; arrangements for training and educating personnel to comply with these waste management requirements and procedures, and arrangements for monitoring compliance; and other arrangements for minimizing and monitoring the environmental impacts of proposed operations and activities; (3) A description of the types, expected concentrations and volumes of designated pollutants to be used in Antarctica; the nature and timing of such uses; the method of storage of designated pollutants; and a contingency plan for controlling releases in a manner designed to minimize any resulting hazards to health and the environment; (4) The desired effective date and duration of the permit; and (5) The following certification: "I certify that, to the best of my knowledge and belief, and based upon due inquiry, the information submitted in this application for a permit is complete and accurate. Any knowing or intentional false statement will subject me to the criminal penalties of 18 U.S.C. 1001." (b) Address to which application should be sent. Each application shall be in writing, and sent to: Permits Office, Office of Polar Programs, National Science Foundation, 4201 Wilson Boulevard, Arlington, VA 22230. (c) Sufficiency of application. The sufficiency of the application shall be determined by the Director. The Director may waive any requirement for information, or require such additional information as he determines is relevant to the processing and evaluation of the application. (d) Publication of permit applications. The Director shall publish notice in the FEDERAL REGISTER of each application for a permit and the proposed conditions of its issuance (including duration). The notice shall invite the submission by interested parties, the Environmental Protection Agency and other federal agencies, within 30 days after the date of publication of notice, of written data, comments, or views with respect to the application. Information received by the Director as a part of any application shall be available to the public as a matter of public record. [58 FR 34719, June 29, 1993, as amended at 59 FR 37438, July 22, 1994] §671.7 General issuance criteria. (a) Upon receipt of a complete and properly executed application for a permit, the Director will decide whether and on what conditions he will issue a permit. In making this decision, the Director will carefully consider any comments or suggestions received from interested parties, the Environmental Protection Agency and other federal agencies pursuant to §671.6(d), and will determine whether the permit requested meets the objectives of the Act, the Protocol, and the requirements of these regulations. or (b) Permits authorizing the use or release of designated pollutants wastes may be issued only if, based on relevant available information, the Director determines that such use or release will not pose a substantial hazard to health or the environment, taking into account available information on the possible cumulative impact of multiple releases. §671.8 Permit administration. (a) Issuance of permits. The Director may approve an application for a permit in whole or in part, and may condition such approval upon compliance with additional terms and conditions. Permits shall be issued in writing, shall be signed by the Director, shall specify duration, and shall contain such terms and conditions as may be established by the Director and as are consistent with the Act and this part. (b) Denial. An applicant shall be notified in writing of the denial of any permit request or part of a request, and the reason for such denial. If authorized in the notice of denial, the appli cant may submit further information, or reasons why the permit should not be denied. Such further submissions shall constitute amendments of the application. (c) Amendment of applications or permits. An applicant or permit holder desiring to have any term or condition of his application or permit modified must submit full justification and supporting information in conformance with the provisions of this Part. Any application for modification of a permit that involves a material change beyond the terms originally requested will be subject to the same procedures as a new application. (d) Public notice of issuance or denial. Within 10 days after the date of the issuance or denial of a permit, the Director shall publish notice of the issuance or denial in the FEDERAL REGISTER, including the conditions of issuance or basis for denial, as appropriate. § 671.9 Conditions of permit. (a) Conditions. All permits issued pursuant to subpart C of this part shall be conditioned upon compliance with the relevant provisions of the ACA, the Treaty, the Protocol, such specific conditions or restrictions as may be imposed by the Director under §671.7, and the provisions of subpart D of this part. (b) Possession of permits. Permits issued under this part, or copies of them, must be in the possession of persons to whom they are issued or their agents when conducting the authorized action. Any permit issued shall be shown to the Director or to any other person with enforcement authority upon request. (c)(1) Reports. Permit holders must provide the Director with written reports of: (i) Any non-permitted release of designated pollutants or waste within fourteen days after the occurrence of such release, including the date, quantity and cause of the release, and plans for remediation; (ii) The identity and quantity of all designated pollutants removed from Antarctica or otherwise disposed of, and the method of disposal; and (iii) Any other violations of the terms and conditions of their permits. |