[Federal Register Volume 77, Number 40 (Wednesday, February 29, 2012)]
[Notices]
[Pages 12245-12246]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-4613]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
Deep Seabed Mining: Request for Extension of Exploration Licenses
AGENCY: National Oceanic and Atmospheric Administration, U.S.
Department of Commerce.
ACTION: Notice of receipt of application to extend Deep Seabed Mining
Exploration Licenses USA-1 and USA-4; request for comments.
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SUMMARY: Pursuant to the Deep Seabed Hard Mineral Resources Act
(DSHMRA; 30 U.S.C. 1401-1473), the National Oceanic and Atmospheric
Administration (NOAA) has received an application for five-year
extensions of Deep Seabed Mining Exploration Licenses USA-1 and USA-4
that are held by the Lockheed Martin Corporation. As part of the
application, NOAA also has received an amended exploration plan
submitted by Lockheed, which sets forth the exploration activities to
be conducted during the extended period of the license.
The USA-1 and USA-4 deep seabed mining licenses were previously
issued to Ocean Minerals Company (OMCO), a partnership that included
Lockheed. Upon the dissolution of OMCO, all interests in both licenses
were conveyed to Lockheed.
Section 107(a) of DSHMRA provides that the initial term of an
exploration license shall be for ten years. 30 U.S.C. 1417. This
section further provides that if the licensee has substantially
complied with the license and exploration plan and has requested an
extension of the license, NOAA shall extend the license, for periods of
not more than five years each, on terms, conditions and restrictions
consistent with DSHMRA and its supporting regulations.
The terms of licenses USA-1 and USA-4 authorized exploration
through 2004. In 2011, Lockheed requested an extension of USA-1 and
USA-4. NOAA has determined that it is within the discretion of the
agency to consider Lockheed Martin's request to extend these DSHMRA
licenses, and that NOAA intends to consider this request under 15 CFR
970.515(b). NOAA notes that the investment and engagement in
exploration activities by Lockheed predate the enactment of DSHMRA.
Thus, NOAA recognizes that Lockheed qualifies as a pre-enactment
explorer under the DSHMRA regulations at 15 CFR 970.101(q). Lockheed
has not surrendered its licenses nor otherwise shown any intent to
abandon them. The records for these licenses show that Lockheed
indicated its intent to extend the licenses in several communications
to NOAA. According to LM's application, Lockheed has not undertaken any
at-sea exploration activities that would be in violation of the license
terms, conditions and restrictions. NOAA finds that the public interest
would not be served by requiring Lockheed to reapply for the
exploration licenses.
As part of its extension request, Lockheed has submitted an amended
exploration plan that discusses activities undertaken to date, together
with those activities it would pursue during the next five years.
Consistent with exploration plans previously submitted by OMCO in
conjunction with earlier extension requests, the exploration proposed
by Lockheed will continue to occur in two phases with Phase I being a
preparatory stage followed by at-sea exploration during Phase II. Phase
I consists of onshore study and analysis, including the selection of
suitable survey systems, and the collection of economic, design and
environmental data. Phase II would occur in the future, contingent upon
changes in market conditions that would support the substantial
investment in at-sea exploration, and on the ability of Lockheed Martin
to obtain
[[Page 12246]]
adequate assurance of security of tenure at the international level.
For a U.S. company, obtaining such adequate assurance of security of
tenure would require that the United States become a Party to the 1982
Law of the Sea Convention, as modified by the 1994 Implementing
Agreement. Under both licenses, further NOAA approval is required
before Phase II at-sea activities may be undertaken.
NOAA is requesting comments pertaining to the request to extend
USA-1 and USA-4 including but not limited to whether there has been
substantial compliance with the licenses and exploration plans, and
whether the revised exploration plans for USA-1 and USA-4 meet the
terms, conditions and restrictions of DSHMRA and the licenses issued
thereunder. With the exception of any information deemed to be subject
to the confidentiality protections provided under 15 CFR 971.802, the
request for extension and revised exploration plan are available
through the contact for further information listed below.
DATES: Individuals and organizations intending to submit comments on
the exploration license extension request should do so by April 15,
2012.
ADDRESSES: Comments should be submitted to Joelle Gore, Acting Chief,
Coastal Programs Division (N/ORM3), Office of Ocean and Coastal
Resource Management, NOS, NOAA, 1305 East-West Highway, Silver Spring,
Maryland 20910; email [email protected].
FOR FURTHER INFORMATION CONTACT: Kerry Kehoe, Coastal Programs Division
(NORM/3), Office of Ocean and Coastal Resource Management, NOS, NOAA,
1305 East-West Highway, Silver Spring, Maryland 20910; email
[email protected]. Federal Domestic Assistance Catalogue 11.419
Coastal Zone Management Program Administration.
Dated: February 17, 2012.
David M. Kennedy,
Assistant Administrator, National Ocean Service, National Oceanic
Atmospheric Administration.
[FR Doc. 2012-4613 Filed 2-28-12; 8:45 am]
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