[Federal Register Volume 90, Number 147 (Monday, August 4, 2025)]
[Notices]
[Pages 36425-36426]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-14657]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
[Docket No. 250728-0131]
RIN 0648-BN96
Deep Seabed Mining: Revisions to Regulations for Exploration
License and Commercial Recovery Permit Applications
AGENCY: Office for Coastal Management, National Ocean Service, National
Oceanic Atmospheric Administration (NOAA), Department of Commerce.
ACTION: Notice: virtual public hearing.
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SUMMARY: NOAA will hold two virtual public hearings, on September 3,
2025, and on September 4, 2025, to receive oral comments on the July 7,
2025, proposed rule for revisions to the Deep Seabed Hard Mineral
Resources Act (DSHMRA or the Act) regulations. DSHMRA charges NOAA with
the responsibility for issuing licenses for exploration and permits for
commercial recovery of polymetallic nodules from the deep seabed in
areas beyond national jurisdiction and promulgating regulations
necessary to carry out the provisions of the Act. Additionally, the Act
requires that NOAA hold a public hearing for proposed changes to the
DSHMRA regulations. The July 7, 2025, proposed rule noted that NOAA
will hold one virtual public hearing on the proposed changes to the
DSHMRA regulations on a date, time, and virtual location to be
determined, which will be published in the Federal Register and posted
on NOAA's Deep Seabed Mining website.
DATES: The virtual public hearings are scheduled for September 3, 2025,
and September 4, 2025, from 3 p.m. to 7 p.m. Eastern Time each day.
ADDRESSES: The virtual location for the public hearing and registration
requirements are described below:
Virtual Hearing Access: NOAA will conduct the virtual
public hearings via Adobe Connect. Each person who wants to attend
either virtual public hearing must electronically register by August
29, 2025, 5 p.m. Eastern Time. Attendance at each virtual public
hearing will be limited to 1,000 individuals for each of the two dates;
therefore, NOAA requests that individuals register and attend only one
hearing, on either September 3 or September 4, 2025.
[cir] To register for the September 3, 2025 hearing, use the
following link: https://noaabroadcast.adobeconnect.com/e64l9m25orba/event/event_info.html.
[cir] To register for the September 4, 2025 hearing, use the
following link: https://noaabroadcast.adobeconnect.com/em945xdnvk15/event/registration.html.
Any person who registers and wants to speak at a virtual public
hearing should indicate that they want to speak during registration.
Each registered participant will receive an Adobe Connect link for the
virtual public hearing.
Instructions: Once the virtual public hearing starts, NOAA
will describe the virtual public hearing logistics (described as
follows) and provide a brief overview of the proposed rule. NOAA will
then start the public comment part of the virtual public hearing and
will call on speakers on a ``first come'' basis through the raised hand
function of Adobe Connect. NOAA will then unmute the person speaking.
Each speaker will have three minutes to speak on the proposed rule, the
Regulatory Impact Analysis prepared for the proposed rule, available at
https://www.regulations.gov/docket/NOAA-NOS-2025-0108, the Paperwork
Reduction Act analysis set forth in the proposed rule, and/or the
implementation of Executive Order 14294 described below. If a speaker
does not respond when they are called on, NOAA will move to the next
speaker. At the three-minute mark for each speaker, NOAA will mute that
speaker. Speakers cannot allot their time to another speaker. Once all
speakers have spoken, or at the scheduled end of the virtual public
hearing, whichever is earlier, NOAA will end the virtual public
hearing. NOAA retains discretion to extend the virtual public hearing
if appropriate and feasible. NOAA will
[[Page 36426]]
record each hearing and will include transcripts of the hearings on the
public docket for the proposed rule on the regulations.gov website at
https://www.regulations.gov/docket/NOAA-NOS-2025-0108. The names
provided by each speaker will also be published as part of the
transcripts.
The virtual public hearings do not replace the process for
submission of written comments. Written comments on the proposed rule
may be submitted electronically through the proposed rule's
regulations.gov docket at https://www.regulations.gov/docket/NOAA-NOS-2025-0108. NOAA will not respond during the hearings to oral comments
or questions.
FOR FURTHER INFORMATION CONTACT: Kerry Kehoe, (240) 560-8518,
[email protected].
SUPPLEMENTARY INFORMATION:
I. Background
DSHMRA (30 U.S.C. 1401-1473) charges the NOAA Administrator with
the responsibility for issuing to U.S. citizens licenses for
exploration and permits for commercial recovery of polymetallic nodules
from the deep seabed in areas beyond national jurisdiction. U.S.
citizens must obtain appropriate licenses and permits from NOAA before
undertaking deep seabed mining.\1\
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\1\ Mining activities within the U.S. outer continental shelf
are governed by the Outer Continental Shelf Lands Act (43 U.S.C.
1331-1356c), which is administered by the Bureau of Ocean Energy
Management within the Department of the Interior. The term ``U.S.
outer continental shelf'' includes the extended continental shelf in
areas adjacent to the U.S. States and is limited to the exclusive
economic zone in areas adjacent to any territory of the United
States.
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DSHMRA, which was signed into law in 1980, requires the NOAA
Administrator to promulgate regulations as necessary to carry out the
provisions of the Act. 30 U.S.C. 1468. NOAA published its DSHMRA
exploration license regulations (15 CFR part 970) in 1981, and its
commercial recovery permit regulations (15 CFR part 971) in 1989. As
described in NOAA's proposed rule, DSHMRA Proposed Rule 90 FR 29806-
29817 (July 7, 2025) (Docket No. 250630-0118, RIN 0648-BN96), NOAA
proposes to add a consolidated exploration license and commercial
recovery permit process as well as make changes to other obsolete
sections of the license and permit regulations.
The proposed rule includes a request for comments on the Regulatory
Impact Analysis/Initial Regulatory Flexibility Analysis (IRFA), also
located at the regulations.gov docket, https://www.regulations.gov/docket/NOAA-NOS-2025-0108, and on the Paperwork Reduction Act (PRA)
analysis set forth in the proposed rule. NOAA also requests comments on
the implementation of Executive Order 14294: Fighting
Overcriminalization in Federal Regulations, as further detailed in
Section III below.
II. Virtual Public Hearings
DSHMRA requires that NOAA hold a public hearing for proposed
changes to the DSHMRA regulations. See 30 U.S.C. 1426(a). NOAA has
determined that two virtual public hearings are the best way to reach a
maximum number of potential public hearing participants. At the virtual
public hearings, and after NOAA describes the virtual public hearing
logistics and provides a brief overview of the proposed rule, NOAA will
enable persons to provide oral comments on the proposed rule, the PRA
analysis, the Regulatory Impact Analysis prepared for the proposed
rule, available at https://www.regulations.gov/docket/NOAA-NOS-2025-0108, and/or the implementation of Executive Order 14294 described
below. See the instructions above in the ADDRESSES section for the
virtual public hearing logistics.
III. Miscellaneous Rulemaking Requirements
Executive Order 14294 Fighting Overcriminalization in Federal
Regulations
NOAA hereby provides public notice that it would apply Executive
Order 14294 to any final rule issued regarding the proposed revisions
to the DSHMRA regulations. Section 5 of Executive Order 14294 provides,
in relevant part, that notices of proposed rulemaking (NPRMs) and final
rules published in the Federal Register, the violation of which may
constitute criminal regulatory offenses, should include a statement
identifying that the rule or proposed rule is a criminal regulatory
offense and the authorizing statute. In addition, Section 5 states that
the regulatory text of all NPRMs and final rules with criminal
consequences published in the Federal Register after the date of this
order should explicitly state a mens rea requirement for each element
of a criminal regulatory offense, accompanied by citations to the
relevant provisions of the authorizing statute.
The Executive Order defines a ``criminal regulatory offense'' as
``a Federal regulation that is enforceable by a criminal penalty.''
Exec. Order No. 14,294 section 3(b) (90 FR 20363).
DSHMRA establishes that a person subject to the jurisdiction of the
United States is guilty of a criminal offense ``if such person
willfully and knowingly commits any act prohibited by section 1461 of
[DSHMRA].'' 30 U.S.C. 1463(a). Acts prohibited under section 1461
include ``violat[ing] . . . any regulation issued under [DSHMRA], or
any term, condition, or restriction of any license or permit issued to
such person under [DSHMRA].'' 30 U.S.C. 1461(1).
NOAA will accept and consider public comments regarding the
implementation of Executive Order 14294 for any final rule concerning
the proposed revisions to the DSHMRA regulations for the duration of
the proposed rule's public comment period, including (i) written
comments submitted through the proposed rule's regulations.gov docket,
https://www.regulations.gov/docket/NOAA-NOS-2025-0108, and (ii) oral
comments provided at the virtual public hearings.
Authority: 30 U.S.C. 1426(a).
Laura Grimm,
Chief of Staff Performing the Duties of Under Secretary of Commerce for
Oceans and Atmosphere and NOAA Administrator National Oceanic and
Atmospheric Administration.
[FR Doc. 2025-14657 Filed 8-1-25; 8:45 am]
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