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Federal Register / Vol. 86, No. 99 / Tuesday, May 25, 2021 / Rules and Regulations
Science Foundation to issue such regulations as are necessary and appropriate to implement Annex II to the Protocol. Accordingly, these revisions reflect the changes to Annex II
as formally adopted by the ATCM.
Public Participation The changes merely reflect decisions already made by the Antarctic Treaty Parties. Because these amendments involve a foreign affairs function, the provisions of Executive Order 12866
and the Administrative Procedure Act 5
U.S.C. 553, requiring notice of proposed rulemaking, opportunity for public participation, and delay in effective date, are inapplicable. Further, because no notice of proposed rulemaking is required for this rule, the Regulatory Flexibility Act 5 U.S.C.
601612 does not apply.
Environmental Impact This final rule makes conforming changes to the National Science Foundations regulations to reflect the outcomes of the Antarctic Treaty Consultative Meeting in 2009. No assessment is required under Executive Order 12114 of January 4, 1979.
No Takings Implications The Foundation has determined that the final rule will not involve the taking of private property pursuant to Executive Order 12630.

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Civil Justice Reform The Foundation has considered this final rule under Executive Order 12988
on civil justice reform and determined the principles underlying and requirements of Executive Order 12988
are not implicated.
Federalism and Consultation and Coordination With Indian Tribal Governments The Foundation has considered this final rule under the requirements of Executive Order 13132 on federalism and has determined that the final rule conforms with the federalism principles set out in this Executive Order; will not impose any compliance costs on the States; and will not have substantial direct effects on the States, the relationship between the Federal government and the States, or the distribution of power and responsibilities among the various levels of government. Therefore, the Foundation has determined that no further assessment of federalism implications is necessary. Moreover, the Foundation has determined that promulgation of this final rule does not require advance consultation with
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Indian Tribal officials as set forth in Executive Order 13175, Consultation and Coordination with Indian Tribal Governments.
Energy Effects The Foundation has reviewed this final rule under Executive Order 13211, Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use. The Foundation has determined that this final rule does not constitute a significant energy action as defined in the Executive Order.
Unfunded Mandates Pursuant to Title II of the Unfunded Mandates Reform Act of 1995 2 U.S.C.
15311538, the Foundation has assessed the effects of this final rule on State, local, and Tribal governments and the private sector. This final rule will not compel the expenditure of $100
million or more by any State, local, or Tribal government or anyone in the private sector. Therefore, a statement under section 202 of the Act is not required.
Controlling Paperwork Burdens on the Public This final rule does not contain any recordkeeping or reporting requirements or other information collection requirements as defined in 5 CFR part 1320 that are not already required by law or not already approved for use.
Accordingly, the review provisions of the Paperwork Reduction Act of 1995
44 U.S.C. 3501 et seq. and its implementing regulations at 5 CFR part 1320 do not apply.
Congressional Review Act The Office of Information and Regulatory Affairs in the Office of Management and Budget has determined that this action is not a major rule as defined by Subtitle E of the Small Business Regulatory Enforcement Fairness Act of 1996
known as the Congressional Review Act or CRA, 5 U.S.C. 8042. This action will not result in: an annual effect on the economy of $100,000,000
or more; a major increase in costs or prices for consumers, individual industries, Federal, State, or local government agencies, or geographic regions; or significant adverse effects on competition, employment, investment, productivity, innovation, or on the ability of United States-based enterprises to compete with foreignbased enterprises in domestic and export markets. However, pursuant to the CRA, NSF will submit a copy of this final rule to both Houses of Congress and to the Comptroller General.

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List of Subjects in 45 CFR Part 670
Administrative practice and procedure, Antarctica, Exports, Imports, Plants, Wildlife.
Pursuant to the authority granted by 16 U.S.C. 2405a1, NSF hereby amends 45 CFR part 670 as set forth below:
PART 670AMENDED
1. The authority citation for part 670
continues to read as follows:

Authority: 16 U.S.C. 2405, as amended.

2. Amend 670.2 by revising paragraphs a and d to read as follows:

670.2

Scope.

a Taking mammals, birds, plants, or invertebrates native to Antarctica.

d Receiving, acquiring, transporting, offering for sale, selling, purchasing, importing, exporting or having custody, control, or possession of any mammal, bird, plant or invertebrate, native to Antarctica that was taken in violation of the Act.

3. Revise 670.3 to read as follows:
670.3

Definitions.

In this part:
Act means the Antarctic Conservation Act of 1978, Public Law 95541 16
U.S.C. 2401 et seq. as amended by the Antarctic Science, Tourism, and Conservation Act of 1996, Public Law 104227.
Antarctic Specially Protected Area means an area designated by the Antarctic Treaty Parties to protect outstanding environmental, scientific, historic, aesthetic, or wilderness values or to protect ongoing or planned scientific research, designated in subpart F of this part.
Antarctica means the area south of 60
degrees south latitude.
Director means the Director of the National Science Foundation, or an officer or employee of the Foundation designated by the Director.
Harmful interference means 1 Flying or landing helicopters or other aircraft in a manner that disturbs concentrations of native birds or seals;
2 Using vehicles or vessels, including hovercraft and small boats, in a manner that disturbs concentrations of native birds or seals;
3 Using explosives or firearms in a manner that disturbs concentrations of native birds or seals;
4 Willfully disturbing breeding or molting birds or concentrations of native birds or seals by persons on foot;

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