[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]
BILLING CODE 3510-08-P