[Federal Register Volume 87, Number 53 (Friday, March 18, 2022)]
[Notices]
[Pages 15408-15409]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-05793]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[Docket ID No.: NOAA-NOS-2022-0033]


Deep Seabed Hard Minerals; Request for Extension of Exploration 
Licenses; Comments Request

AGENCY: Office for Coastal Management (OCM), National Ocean Service 
(NOS), National Oceanic and Atmospheric Administration (NOAA), 
Department of Commerce (DOC).

ACTION: Notice of receipt of application to extend Deep Seabed Mineral 
Exploration Licenses USA-1 and USA-4; request for comments.

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SUMMARY: NOS has received from the Lockheed Martin Corporation 
(``Lockheed Martin'' or ``Licensee'') a request to extend to 2027 two 
deep seabed hard mineral exploration licenses issued pursuant to the 
Deep Seabed Hard Mineral Resources Act (DSHMRA). Lockheed Martin's 
extension request includes an updated exploration plan for activities 
conducted under the licenses. Lockheed Martin's request and 
accompanying exploration plan are available for public review and 
comment on whether the Licensee has met the criteria for the issuance 
of extensions specified in DSHMRA.

DATES: Comments may be submitted on or before May 17, 2022.

ADDRESSES: To access and review all documents related to the extension 
request under consideration, please use http://www.regulations.gov by 
searching the Docket ID number NOAA-NOS-2022-0033. Comments submitted 
in response to this notice should be submitted electronically through 
the Federal eRulemaking Portal at http://www.regulations.gov by 
selecting the Docket ID number.

FOR FURTHER INFORMATION CONTACT: Kerry Kehoe, Federal Consistency 
Specialist, NOAA Office of Coastal Management, at [email protected], 
or at 240-560-8515.

SUPPLEMENTARY INFORMATION: NOAA has received an application from 
Lockheed Martin for a five-year extension of its two Deep Seabed Hard 
Mineral Exploration Licenses, USA-1 and USA-4. Lockheed Martin's 
application includes a single revised exploration plan for both 
licenses that sets forth the activities to be conducted during the 
extension.
    DSHMRA exploration licenses USA-1 and USA-4 were issued in 1984 and 
both are presently held by Lockheed

[[Page 15409]]

Martin. USA-1 and USA-4 were most recently extended in 2017 (82 FR 
42327, September 7, 2017). The current terms of Exploration Licenses 
USA-1 and USA-4 end on June 2, 2022. Section 107(a) of DSHMRA provides 
that NOAA shall extend exploration licenses for a term of not more than 
five years if the licensee has substantially complied with the license 
and exploration plan and has requested an extension of the license. 30 
U.S.C. 1417.
    Lockheed Martin has submitted this request to maintain its 
interests and rights under these exploration licenses. Lockheed Martin 
is not currently conducting at-sea activities under DSHMRA exploration 
licenses USA-1 or USA-4, nor is the company proposing any such 
activities in this license extension request. Lockheed Martin has 
stated that at-sea exploration activities have been delayed for several 
reasons including conditions in the metals markets and the lack of 
international recognition of the DSHMRA licenses USA-1 and USA-4.
    DSHMRA, which establishes a domestic licensing regime for United 
States citizens who engage in exploration of deep seabed hard mineral 
resources in areas beyond national jurisdiction, was enacted in 1980 as 
an interim statute pending the completion of negotiations on a Law of 
the Sea Convention (LOSC) acceptable to the United States. See 30 
U.S.C. 1401(a). Although the LOSC was opened for signature in 1982, the 
United States has yet to become a party, and thus is not a member of 
the International Seabed Authority (ISA), the body established under 
LOSC to regulate deep seabed mining and award exploration and mining 
contracts in areas beyond national jurisdiction. DSHMRA exploration 
licenses USA-1 and USA-4 predate the establishment of the ISA in 1994. 
As the United States is not a party to the Law of the Sea Convention 
and thus not a member of the ISA, the United States is unable to seek 
from the ISA an exploration contract to obtain international legal 
recognition of Lockheed Martin's domestic law rights under DSHMRA 
exploration licenses USA-1 and USA-4. Recently, the ISA established an 
Area of Particular Environmental Interest that partially overlaps with 
DSHMRA exploration license USA-1. The ISA designation has no bearing on 
the extension request currently under consideration as it is not within 
the criteria specified within DSHMRA and its implementing regulations 
for granting license extensions.
    During the requested five-year extension, Lockheed Martin would 
continue to conduct various preparatory activities in advance of at-sea 
exploration, which may become feasible at some future date. If NOAA 
grants this extension request, Lockheed Martin would need to obtain 
additional authorization from the agency before it would be allowed to 
conduct at-sea exploration activities under these licenses. Among other 
requirements, any request by Lockheed Martin for authorization from 
NOAA to conduct at-sea exploration activities would require the agency 
to conduct additional environmental analysis pursuant to NOAA's 
obligations under the National Environmental Policy Act, 42 U.S.C. 4321 
et seq., and DSHMRA.
    NOAA is required under 30 U.S.C. 1417 to approve an extension 
request if the licensee has substantially complied with the license and 
its associated exploration plan. In determining substantial compliance, 
the DSHMRA implementing regulations at 15 CFR 970.515(b) provide that 
NOAA may make allowance for deviation from the exploration plan for 
good cause such as significantly changed market conditions.
    The request for extension and revised exploration plan can be 
viewed at www.regulations.gov, by searching for docket number ``NOAA-
NOS-2022-0033''. NOAA is seeking comments on Lockheed Martin's request 
to extend DSHMRA exploration licenses USA-1 and USA-4 including whether 
the company has substantially complied 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.

Keelin S. Kuipers,
Deputy Director, Office for Coastal Management, National Ocean Service, 
National Oceanic and Atmospheric Administration.
[FR Doc. 2022-05793 Filed 3-17-22; 8:45 am]
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