[meteorite-list] US Regulations Governing Antarctic Meteorites

From: Ron Baalke <baalke_at_meteoritecentral.com>
Date: Tue Aug 15 12:35:50 2006
Message-ID: <200608151616.JAA22506_at_zagami.jpl.nasa.gov>

http://www.nsf.gov/od/opp/antarct/meteorite_regs.jsp

U.S. Regulations Governing Antarctic Meteorites

[Federal Register: March 31, 2003 (Volume 68, Number 61)]
[Rules and Regulations]
[Page 15378-15380]
>From the Federal Register Online via GPO Access
<http://www.gpoaccess.gov/fr/index.html> [wais.access.gpo.gov]
[DOCID:fr31mr03-26]

NATIONAL SCIENCE FOUNDATION
45 CFR Part 674
RIN 3145-AA40

ANTARCTIC METEORITES

Agency

National Science Foundation (NSF).

Action

Final rule.

divider line

Summary

NSF is issuing a final rule that authorizes the collection of meteorites
in Antarctica for scientific research purposes only. In addition, the
regulations provide requirements for appropriate collection, handling,
and curation of Antarctic meteorites to preserve their scientific value.
These regulations implement Article 7 of the Protocol on Environmental
Protection to the Antarctic Treaty and are issued pursuant to Section 6
of the Antarctic Conservation Act, as amended by the Antarctic Science,
Tourism and Conservation Act of 1996.

Dates

The rule is effective April 30, 2003.

For Further Information Contact

Anita Eisenstadt, Office of the General Counsel, at 703-292-8060.

Supplementary Information

On August 27, 2002, the NSF published a proposed rule authorizing the
collection of meteorites in Antarctica for scientific research purposes
only. NSF invited public comments on the proposed rule. NSF received
nine comments on the proposed rule. All of the commenters were
supportive of the proposed rule. One of the commenters suggested that
NSF revise Sec. 674.5(3)(ii) to recognize that in some cases, a
meteorite will not belong to any well-established classification. NSF
agrees with this comment and has revised the language accordingly.

Another commenter requested clarification whether or not meteorites are
considered mineral resources. As noted in the preamble to the proposed
rule, the authority for this rule derives from Article 7 of the Protocol
on Environmental Protection to the Antarctic Treaty which states that
"any activity relating to mineral resources, other than scientific
research, shall be prohibited." These regulations implement this
provision of the Protocol with respect to meteorites.

The same commenter raised concerns that the definition of expedition
would enable U.S. citizens to avoid application of the rule by
organizing expeditions to Antarctica in a foreign country. NSF notes
that the restriction in Sec. 674.4 against collecting meteorites in
Antarctic for other than scientific research purposes applies to any
person subject to the jurisdiction of the U.S. This provision would
extend to U.S. citizens collecting meteorites in Antarctica, regardless
of the location from which the expedition is organized. Consistent with
other regulations implementing U.S. obligations under the Antarctic
Treaty, the more detailed requirements for preparation and plans and
submissions of information to NSF are limited to expeditions for which
the United States is required to provide advance notification under the
Antarctic Treaty. NSF believes that this obligation is appropriately
apportioned.

Another commenter expressed concern that the exception for serendipitous
finds could result in meteorites "fall[ing] through the regulatory
cracks before arriving at a curation site." Section 674.7 provides that
serendipitous finds must be handled in a manner that minimizes
contamination and must otherwise be documented in accordance with the
requirements of Sec. 674.5. This approach recognizes that serendipitous
finds will occur and assures that the opportunity to collect these
specimens for scientific purposes is not lost. NSF believes that the
requirement for documenting and curating serendipitous finds provides an
appropriate mechanism for adequately and accurately tracking Antarctic
meteorites.

Another commenter suggested technical revisions to the handling
requirements in Section 674.5 (b)(1) to reflect current research
laboratory practices. These revisions have been adopted in the final
regulation. All other comments were appropriately considered in the
promulgation of this final rule.

Determinations

NSF has determined, under the criteria set forth in Executive Order
12866, that this rule is not a significant regulatory action requiring
review by the Office of Information and Regulatory Affairs. The rule is
not a major rule under the Congressional Review Act. The Unfunded
Mandate Reform Act of 1995 (Pub. L. 104-4), in sections 202 and 205,
requires that agencies prepare analytic statements before proposing any
rule that may result in annual expenditures of $100 million by State,
local, Indian Tribal governments, or the private sector. Since this rule
will not result in expenditures of this magnitude, it is hereby
certified that such statements are not necessary. As required by the
Regulatory Flexibility Act, it is hereby certified this rule will not
have significant impact on a substantial number of small businesses.

The Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.) and its
implementing regulations, 5 CFR part 1320, do not apply to the rule
because there are less than ten U.S. entities, which annually organize
expeditions to Antarctica for the purpose of collecting meteorites.

Finally, NSF has reviewed this rule in light of section 2 of Executive
Order 12778 and I certify for the National Science Foundation that this
rule meets the applicable standards provided in sections 2(a) and 2(b)
of that order.

List of Subjects in 45 CFR Part 674

      Antarctica, Meteorites, Research
Dated: March 24, 2003

Amy Northcutt, Deputy General Counsel, National Science Foundation.

For the reasons set forth in the preamble, the National Science
Foundation is adding 45 CFR part 674 to read as follows:

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.

Sec. 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.

Sec. 674.2 Scope and applicability.

This part applies to any person who collects meteorites in Antarctica.
The requirements of Sec. 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 the collection of meteorites in Antarctica after April 30, 2003.

Sec. 674.3 Definitions.

In this part:

Antarctica means the area south of 60 degrees south latitude.

Expedition means an activity undertaken by one or more persons organized
within or proceeding from the United States to or within Antarctica for
which advance notification is required under Paragraph 5 of Article VII
of the Antarctic Treaty.

Incremental cost is the extra cost involved in sharing the samples with
other researchers. It does not include the initial cost of collecting
the meteorites in Antarctica or the cost of maintaining the samples in a
curatorial facility.

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.

Sec. 674.4 Restrictions on collection of meteorites in Antarctica.

No person may collect meteorites in Antarctica for other than scientific
research purposes.

(a) Any person organizing an expedition to or within Antarctica, where
one of the purposes of the expedition is to collect meteorites in
Antarctica, shall ensure that the meteorites will be properly collected,
documented, handled, and curated to preserve their scientific value.
Curation includes making specimens available to bona fide scientific
researchers on a timely basis, in accordance with specified procedures.

(b) Expedition organizers described in paragraph (a) of this section
shall develop and implement written procedures for the collection,
documentation, and curation of specimens which include the following
components:

      (1) Handling requirements. Handling procedures shall ensure that
      the specimens are properly labeled and handled to minimize the
      potential for contamination from the point of collection to the
      point of curation. At a minimum, handling procedures shall include:

            (i) Handling the samples with clean Teflon or polyethylene
            coated implements or stainless steel implements (or equivalent);

            (ii) Double bagging of samples in Teflon or polyethylene (or
            equivalent) bags;

            (iii) A unique sample identifier included with the sample;

            (iv) Keeping the samples frozen at or below -15?C until
            opened and thawed in a clean laboratory setting at the
            curation facility; and

            (v) Thawing in a clean, dry, non-reactive gas environment,
            such as nitrogen or argon.

      (2) Sample documentation. Documentation for each specimen, that
      includes, at a minimum:

            (i) A unique identifier for the sample;

            (ii) The date of find;

            (iii) The date of collection (if different from date of find);

            (iv) The latitude and longitude to within 500 meters of the
            location of the find and the name of the nearest named
            geographical feature;

            (v) The name, organizational affiliation, and address of the
            finder or the expedition organizer;

            (vi) A physical description of the specimen and of the
            location of the find; and

            (vii) Any observations of the collection activity, such as
            potential contamination of the specimen.

      (3) Curation. Make prior arrangements to ensure that any specimens
      collected in Antarctica will be maintained in a curatorial
      facility that will:

            (i) Preserve the specimens in a manner that precludes
            chemical or physical degradation;

            (ii) Produce an authoritative classification for meteorites
            that can be shown to belong to a well-established chemical
            and petrological group, and provide appropriate descriptions
            for those meteorites that cannot be shown to belong to an
            established chemical and petrological group;

            (iii) Develop and maintain curatorial records associated
            with the meteorites including collection information,
            authoritative classification, total known mass, information
            about handling and sample preparation activities that have
            been performed on the meteorite, and sub-sample information;

            (iv) Submit an appropriate summary of information about the
            meteorites to the Antarctic Master Directory via the
            National Antarctic Data Coordination Center as soon as
            possible, but no later than two years after receipt of
            samples at the curatorial facility;

            (v) Submit information on classification of the meteorite to
            an internationally recognized meteorite research catalog,
            such as the "Catalogue of Meteorites" published by the
            Natural History Museum of London or the "Meteoritical
            Bulletin" published by the Meteoritical Society;

            (vi) Specify procedures by which requests for samples by
            bonafide scientific researchers will be handled;

            (vii) Make samples available to bonafide scientific
            researchers at no more than incremental cost and within a
            reasonable period of time; and

            (viii) In the event that the initial curatorial facility is
            no longer in a position to provide curation services for the
            specimens, or believes that the meteorites no longer merit
            curation, it shall consult with the National Science
            Foundation's Office of Polar Programs to identify another
            appropriate curatorial facility, or to determine another
            appropriate arrangement.

Sec. 674.6 Submission of information to NSF.

A copy of the written procedures developed by expedition organizers
pursuant to Sec. 674.5(b) shall be furnished to the National Science
Foundation's Office of Polar Programs at a minimum of 90 days prior to
the planned departure date of the expedition for Antarctica. NSF shall
publish a notice of availability of the plan in the Federal Register
that provides for a 15-day comment period. NSF shall evaluate the
procedures in the plan to determine if they are sufficient to ensure
that the meteorites will be properly collected, handled, documented, and
curated. NSF shall provide comments on the adequacy of the plan within
45 days of receipt. If NSF advises the expedition organizer that the
procedures satisfy the requirements of Sec. 674.5 and the procedures are
implemented, the expedition organizer will have satisfied the
requirements of this part.

Sec. 674.7 Exception for serendipitous finds.

A person who makes a serendipitous discovery of a meteorite in
Antarctica which could not have been reasonably anticipated, may collect
the meteorite for scientific research purposes, provided that the
meteorite is collected in the manner most likely to prevent
contamination under the circumstances, and provided that the meteorite
is otherwise handled, documented and curated in accordance with the
requirements of Sec. 674.5.

[FR Doc. 03-7607 Filed 3-28-03; 8:45 am]

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Received on Tue 15 Aug 2006 12:16:37 PM PDT