Notice2022-05793
Deep Seabed Hard Minerals; Request for Extension of Exploration Licenses; Comments Request
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
March 18, 2022
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
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.
Full Text
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<title>Federal Register, Volume 87 Issue 53 (Friday, March 18, 2022)</title>
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[Federal Register Volume 87, Number 53 (Friday, March 18, 2022)]
[Notices]
[Pages 15408-15409]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[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 <a href="http://www.regulations.gov">http://www.regulations.gov</a> 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 <a href="http://www.regulations.gov">http://www.regulations.gov</a> by
selecting the Docket ID number.
FOR FURTHER INFORMATION CONTACT: Kerry Kehoe, Federal Consistency
Specialist, NOAA Office of Coastal Management, at <a href="/cdn-cgi/l/email-protection#3a515f48484314515f52555f7a54555b5b145d554c"><span class="__cf_email__" data-cfemail="fb909e898982d5909e93949ebb95949a9ad59c948d">[email protected]</span></a>,
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 <a href="http://www.regulations.gov">www.regulations.gov</a>, 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]
BILLING CODE 3510-08-P
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