80 FR 81529 - Extension of Deep Seabed Exploration Licenses: Response to Comments
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration Federal Register Volume 80, Issue 250 (December 30, 2015)
National Oceanic and Atmospheric Administration
Federal Register Volume 80, Issue 250 (December 30, 2015)
| Page Range | 81529-81531 | |
| FR Document | 2015-32889 |
[Federal Register Volume 80, Number 250 (Wednesday, December 30, 2015)] [Notices] [Pages 81529-81531] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-32889] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration Extension of Deep Seabed Exploration Licenses: Response to Comments AGENCY: Office for Coastal Management, National Ocean Service, National Oceanic and Atmospheric Administration (NOAA), Department of Commerce. ACTION: Response to comments. ----------------------------------------------------------------------- SUMMARY: Due to a clerical error, comments submitted by the Center for Biological Diversity on a requested extension of Deep Seabed Hard Mineral Resources Act exploration licenses were not considered until after the licenses were extended. After reviewing and considering those comments, NOAA has found that they provide no basis for reconsidering the requested license extensions or revising the now-extended licenses. FOR FURTHER INFORMATION CONTACT: Contact Kerry Kehoe, Office for Coastal Management, National Ocean Service, 301-563-1151, [email protected]. SUPPLEMENTARY INFORMATION: On February 28, 2012, the National Oceanic and Atmospheric Administration published a notice in the Federal Register advising the public of a request from Lockheed Martin Corporation (Lockheed Martin) to extend its two deep seabed mining exploration licenses (USA-1 and USA-4) issued under the Deep Seabed Hard Mineral Resources Act (DSHMRA). See 77 FR 12245. Comments on the proposed extensions were requested at that time. Following the February 28, 2012, Notice, NOAA published a second notice in the Federal Register announcing the extension of Licenses USA-1 and USA-4 through 2017, and discussing several comments received on the extensions. See 77 FR 40586 (July 10, 2012). Comments submitted by the Center for Biological Diversity (CBD), however, were not discussed in the July 10, 2012, notice. The CBD comments were received by NOAA but, due to a clerical error, the comments were not routed to the license extension reviewers who were unaware of CBD's comments until after an inquiry was received from CBD following the July 10, 2012, publication of the extension notice. Upon review and consideration of CBD's comments, NOAA determined that the extension of the exploration licenses should stand without modification as CBD's comments were based on a misunderstanding of the nature and scope of the license extensions. Following the discovery of CBD's comments, the relevant Staff from NOAA discussed the substance of the comments with CBD and described why CBD's concerns as articulated in the comments were not relevant to the USA-1 and USA-4 license extensions. In addition, NOAA is now publishing a response to the CBD comments to address any public misconceptions about the extension of the deep seabed mining exploration Licenses USA- 1 and USA-4. General Response to the CBD Comments The CBD comments pertain to activities not presently authorized pursuant to the license extensions. Instead, the CBD comments are relevant to at-sea exploration activities that, if pursued, would first require additional NOAA approvals. See 77 FR 12246. As discussed below, the extension of the Lockheed Martin exploration licenses merely serves to preserve the legal status and any domestic and international priority of rights that [[Page 81530]] Licenses USA-1 and USA-4 may confer. As part of Lockheed Martin's request to extend the USA-1 and USA-4 exploration licenses, it submitted a two-phase exploration plan. This two-phased plan is consistent with all the previous exploration plans submitted since the issuance of these licenses. Phase I is a preparatory stage which includes activities for which no license would be required. Phase II includes activities for which an exploration license may be required. The current exploration plan includes statements anticipating that actual exploration activities might be conducted under Phase II during the requested five-year extension; however, those statements are qualified. Lockheed Martin has stated that before it will conduct at-sea activities requiring an exploration license (i.e., Phase II activities), international security of tenure must first be obtained.\1\ In order for this to occur, the United States must first accede to the Law of the Sea Convention. The United States Department of State, in commenting on the requested license extension, stated its view that for Lockheed Martin to proceed with exploration activities without international recognition would be a violation of the terms, conditions and restrictions of its license. In the July 10, 2012, Federal Register notice for the issuance of the extension for the explorations licenses, NOAA acknowledged and accepted the Department of State's position. See 77 FR 12246. --------------------------------------------------------------------------- \1\ Lockheed Martin has also stated that the market price of metals would need to increase and stabilize to make the deep sea recovery of such materials commercial viable. --------------------------------------------------------------------------- Lockheed Martin also provided NOAA written confirmation that no at- sea exploration activities, which would require a license, would be conducted without additional authorization from NOAA. Such authorization would, at that time, be subject to all necessary environmental reviews. Although Lockheed Martin may ultimately conduct at-sea exploration activities pursuant to the USA-1 and USA-4 licenses, such activities would require additional environmental review and NOAA authorization before commencement of such exploration pursuant to these licenses. Accordingly, upon review and consideration of the CBD comments, NOAA has found that the extension of the deep seabed mining exploration licenses should stand without modification. NOAA's specific responses to the CBD comments are provided below. Response to CBD Comments Comment 1: NOAA cannot extend the licenses or approve the exploration plan unless it fully complies with the environmental review provisions of the National Environmental Policy Act (NEPA) through the preparation of an environmental assessment or environmental impact statement which includes a full analysis of the impact of direct, indirect and cumulative effects; alternatives; and mitigation measures for the action, along with an opportunity for public review and comment. It is inadequate for NOAA to rely on any prior NEPA analysis as there is significant new information about the impacts of offshore mineral exploration. While tiering to a previous environmental assessment (EA) or environmental impact statement (EIS) may be useful in complying with NEPA, it does not eliminate the need to analyze the impacts of site specific actions. Response: NOAA disagrees that the Agency has failed to fully comply with the requirements of NEPA. NOAA has prepared a programmatic EIS in connection with potential deep ocean mining activities.\2\ In addition, an EIS was prepared for USA-1 and USA-4 \3\ at the time of issuance and an updated environmental assessment was prepared in 1989 for the licenses.\4\ When USA-4 was transferred to Lockheed Martin Company in 1994, an additional environmental impact statement was prepared that noted that the EIS was only being prepared to meet the requirements of DSHMRA to prepare an EIS, and not those of NEPA as the transfer of the license would not have significant environmental impacts.\5\ --------------------------------------------------------------------------- \2\ The programmatic EIS was prepared in 1981 which described the results of the Deep Ocean Mining Environmental Study (DOMES), a five-year project designed to examine potential effects of nodule mining. The review covered both exploration and commercial recovery authorizations; however, it only assessed the environmental impacts from first generation mining activities with the belief that there would be a need for further assessments as the industry developed and evolved. The PEIS found that data collection activities for assessing resources and determining seafloor characteristics presented no threat of significant adverse effects on the environment. U.S. Dept. of Commerce, NOAA, Deep Seabed Mining: Final Programmatic Environmental Impact Statement, Sept. 1981. \3\ U.S. Dept. of Commerce, NOAA, Deep Seabed Mining: Final Environmental Impact Statement, July 1984. \4\ U.S. Department of Commerce, NOAA, Deep Seabed Mining: An Updated Environmental Assessment of NOAA Deep Seabed Mining Licensees' Exploration Plans, Jan. 1989. \5\ U.S. Dept. of Commerce, NOAA, Deep Seabed Mining: Final Environmental Impact Statement, November 1994. --------------------------------------------------------------------------- With respect to the instant license extensions, NOAA considered its environmental compliance obligations and determined that, in order for the Agency to conduct an environmental review, there must first be a proposed activity to review. As discussed above, there is no action triggered or authorized pursuant to the USA-1 and USA-4 license extensions that has the potential to significantly affect the environment. The extensions merely preserve any domestic or international priority of rights the licenses may confer. Lockheed Martin's revised exploration plan associated with the license extensions, which like each other exploration plan submitted for these licenses, has two phases with the first being preparatory land-side activities that do not require any authorizations and the second including actual at-sea exploration activities. Lockheed Martin has noted that its Phase II activities are contingent upon a U.S. accession to the Law of the Sea Convention and a substantial increase in the market prices for metals; two events which have not occurred and are not likely to occur prior to the end of the current term of the licenses. Should Lockheed Martin decide to conduct any Phase II, at-sea exploration in connection with USA-1 or USA-4, the terms of the licenses require additional authorizations from NOAA and other federal reviewing agencies prior to the commencement of any such activities. Given the phased nature of these licenses and the uncertainty associated with possible commencement of Phase II activities, NOAA believes it would be premature at this stage to conduct the types of environmental reviews suggested by commenter. Lockheed Martin has not detailed the specific location(s) within the licensed exploration areas where any future at-sea activities would be conducted. The company has also not detailed the specifics of any exploration techniques, equipment or intensity. Absent this type of information, any environmental review conducted by NOAA would be speculative at best. Instead, NOAA believes that environmental reviews, including those that may be required under NEPA, are appropriate once Lockheed Martin has decided to pursue NOAA authorization for Phase II activities. Such environmental review will be subject to public review and comment, and NOAA encourages CBD to participate in that process should Lockheed Martin seek approval for Phase II activities. Comment 2: The extension is an action that must comply with the Endangered Species Act, Marine [[Page 81531]] Mammal Protection Act and Migratory Bird Treaty Act. Response: NOAA disagrees. As described in the response to comment 1 above, no action is presently triggered or authorized pursuant to the USA-1 and USA-4 license extensions that has the potential to affect protected species under the cited statutes. As such, NOAA is unaware of, and commenter has not identified, any outstanding obligations with respect to these statutes. Comment 3. The initial phase of the application at issue here will be comprised of surveys and other activities in preparation for mining. These exploratory surveys have significant environmental impacts including acoustic impacts from the use of seismic survey airguns, mining and lighting impacts. Deepsea [sic] mining also generates waste, noise, fuel or other spills, vessel traffic, sediment plumes, habitat disturbance and destruction, and water quality problems. The license should be denied because it is untenable for NOAA to make a finding that the exploration proposed in the application cannot reasonably be expected to result in significant adverse effect [sic] on the quality of the environment as required for issuing a license under 15 CFR 970.506. Any license should be conditioned on measures that avoid these environmental impacts. Response: NOAA disagrees. Contrary to the assertion of the commenter, the current license extensions do not authorize the at-sea activities described in the comments. The requested license extensions only extend the term of the licenses and do not authorize the types of at-sea exploration activities cited by commenter. Indeed, conducting such activities may be unnecessary as Lockheed Martin stands in a unique position as a pre-enactment explorer (i.e., the company conducted its exploration activities including the acquisition of manganese nodules from the seafloor for assay purposes prior to the enactment of the DSHMRA). When USA-4 was transferred to Lockheed Martin in 1994 following the relinquishment of the license from the consortium led by Kennecott Corporation, Lockheed Martin's request for the transfer of the license stated that the company had no plans to conduct at-sea exploration activities since it already had conducted sufficient exploration prior to the enactment of DSHMRA. As noted above, when and if Lockheed Martin decides to seek authorization to commence Phase II activities, such authorization will trigger appropriate review of the environmental impacts associated with the proposed at-sea exploration activities. The CBD comments also contain an extensive discussion of the impacts of airguns used to conduct seismic surveys. No such activities have been proposed, let alone authorized. Additionally, throughout the CBD comments the impacts of mining of the deep seabed are also discussed. Mining has not been authorized nor proposed. DSHMRA establishes a licensing requirement for exploration activities and a separate permit requirement for commercial recovery (i.e., mining). Both exploration licenses expressly prohibit the licensee from even testing mining equipment without receiving further authorization from NOAA. To date, no such authorizations have ever been requested. Federal Domestic Assistance Catalog 11.419 Coastal Zone Management Program Administration. Dated: December 22, 2015. Christopher C. Cartwright, Associate Assistant Administrator for Management and CFO/CAO, Ocean Services and Coastal Zone Management, National Oceanic and Atmospheric Administration. [FR Doc. 2015-32889 Filed 12-29-15; 8:45 am] BILLING CODE 3510-08-P
![Federal Register / Vol. 80, No. 250 / Wednesday, December 30, 2015 / Notices 81529
prohibited from using trawl nets with that is not bound by 75% of FMSY; Management, National Ocean Service,
codend mesh smaller than 5.0-inches in comment on draft terms of reference for 301–563–1151, kerry.kehoe@noaa.gov.
diameter. The Council has developed a a 2016 benchmark stock assessment for SUPPLEMENTARY INFORMATION: On
range of alternatives for potential witch flounder; receive an update on February 28, 2012, the National Oceanic
modifications to the GRA boundaries. groundfish catch advice project; receive and Atmospheric Administration
The APs will provide feedback on those an update on the Council risk policy published a notice in the Federal
alternatives and may propose additional working group including an overview of Register advising the public of a request
alternatives. More information, current control rules. They will discuss from Lockheed Martin Corporation
including a detailed agenda can be other business as needed. (Lockheed Martin) to extend its two
found at: www.mamfc.org. Although non-emergency issues not deep seabed mining exploration licenses
contained in this agenda may come (USA–1 and USA–4) issued under the
Special Accommodations before this group for discussion, those Deep Seabed Hard Mineral Resources
The meeting is physically accessible issues may not be the subject of formal Act (DSHMRA). See 77 FR 12245.
to people with disabilities. Requests for action during this meeting. Action will Comments on the proposed extensions
sign language interpretation or other be restricted to those issues specifically were requested at that time. Following
auxiliary aid should be directed to M. listed in this notice and any issues
Jan Saunders, (302) 526–5251, at least 5 the February 28, 2012, Notice, NOAA
arising after publication of this notice published a second notice in the
days prior to the meeting date. that require emergency action under Federal Register announcing the
Dated: December 24, 2015. section 305(c) of the Magnuson-Stevens extension of Licenses USA–1 and USA–
Tracey L. Thompson, Act, provided the public has been 4 through 2017, and discussing several
Acting Deputy Director, Office of Sustainable notified of the Council’s intent to take comments received on the extensions.
Fisheries, National Marine Fisheries Service. final action to address the emergency. See 77 FR 40586 (July 10, 2012).
[FR Doc. 2015–32866 Filed 12–29–15; 8:45 am] Special Accommodations Comments submitted by the Center
BILLING CODE 3510–22–P
This meeting is physically accessible for Biological Diversity (CBD), however,
to people with disabilities. Requests for were not discussed in the July 10, 2012,
sign language interpretation or other notice. The CBD comments were
DEPARTMENT OF COMMERCE received by NOAA but, due to a clerical
auxiliary aids should be directed to
Thomas A. Nies, Executive Director, at error, the comments were not routed to
National Oceanic and Atmospheric
(978) 465–0492, at least 5 days prior to the license extension reviewers who
Administration
the meeting date. were unaware of CBD’s comments until
New England Fishery Management after an inquiry was received from CBD
Authority: 16 U.S.C. 1801 et seq. following the July 10, 2012, publication
Council; Public Meeting
Dated: December 24, 2015. of the extension notice. Upon review
AGENCY: National Marine Fisheries Tracey L. Thompson, and consideration of CBD’s comments,
Service (NMFS), National Oceanic and Acting Deputy Director, Office of Sustainable NOAA determined that the extension of
Atmospheric Administration (NOAA), Fisheries, National Marine Fisheries Service. the exploration licenses should stand
Commerce. [FR Doc. 2015–32867 Filed 12–29–15; 8:45 am] without modification as CBD’s
ACTION: Notice; public meeting. BILLING CODE 3510–22–P comments were based on a
misunderstanding of the nature and
SUMMARY: The New England Fishery
scope of the license extensions.
Management Council (Council) is
DEPARTMENT OF COMMERCE Following the discovery of CBD’s
scheduling a public meeting of its
comments, the relevant Staff from
Scientific & Statistical Committee to National Oceanic and Atmospheric NOAA discussed the substance of the
consider actions affecting New England Administration comments with CBD and described why
fisheries in the exclusive economic zone
CBD’s concerns as articulated in the
(EEZ). Recommendations from this Extension of Deep Seabed Exploration
comments were not relevant to the
group will be brought to the full Council Licenses: Response to Comments
USA–1 and USA–4 license extensions.
for formal consideration and action, if
AGENCY: Office for Coastal Management, In addition, NOAA is now publishing a
appropriate.
National Ocean Service, National response to the CBD comments to
DATES: This meeting will be held on Oceanic and Atmospheric address any public misconceptions
Wednesday, January 20, 2016 beginning Administration (NOAA), Department of about the extension of the deep seabed
at 9 a.m. Commerce. mining exploration Licenses USA–1 and
ADDRESSES: The meeting will be held at ACTION: Response to comments. USA–4.
the Hilton Garden Inn, Boston Logan,
SUMMARY: Due to a clerical error, General Response to the CBD
100 Boardman Street, Boston, MA
comments submitted by the Center for Comments
02128; phone: (617) 567–6789.
Council address: New England Biological Diversity on a requested The CBD comments pertain to
Fishery Management Council, 50 Water extension of Deep Seabed Hard Mineral activities not presently authorized
Street, Mill 2, Newburyport, MA 01950. Resources Act exploration licenses were pursuant to the license extensions.
FOR FURTHER INFORMATION CONTACT: not considered until after the licenses Instead, the CBD comments are relevant
were extended. After reviewing and
mstockstill on DSK4VPTVN1PROD with NOTICES
Thomas A. Nies, Executive Director, to at-sea exploration activities that, if
New England Fishery Management considering those comments, NOAA has pursued, would first require additional
Council; telephone: (978) 465–0492. found that they provide no basis for NOAA approvals. See 77 FR 12246. As
SUPPLEMENTARY INFORMATION: reconsidering the requested license discussed below, the extension of the
extensions or revising the now-extended Lockheed Martin exploration licenses
Agenda licenses. merely serves to preserve the legal
The SSC will meet to: Consider FOR FURTHER INFORMATION CONTACT: status and any domestic and
identifying an ABC for witch flounder Contact Kerry Kehoe, Office for Coastal international priority of rights that
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![Federal Register / Vol. 80, No. 250 / Wednesday, December 30, 2015 / Notices 81531
Mammal Protection Act and Migratory The CBD comments also contain an ADDRESSES: You may submit comments,
Bird Treaty Act. extensive discussion of the impacts of identified by docket number and title,
Response: NOAA disagrees. As airguns used to conduct seismic by any of the following methods:
described in the response to comment 1 surveys. No such activities have been • Federal eRulemaking Portal: http://
above, no action is presently triggered or proposed, let alone authorized. www.regulations.gov. Follow the
authorized pursuant to the USA–1 and Additionally, throughout the CBD instructions for submitting comments.
USA–4 license extensions that has the comments the impacts of mining of the • Mail: Department of Defense, Office
potential to affect protected species deep seabed are also discussed. Mining of the Deputy Chief Management
under the cited statutes. As such, NOAA has not been authorized nor proposed. Officer, Directorate of Oversight and
is unaware of, and commenter has not DSHMRA establishes a licensing Compliance, Regulatory and Audit
identified, any outstanding obligations requirement for exploration activities Matters Office, 9010 Defense Pentagon,
with respect to these statutes. and a separate permit requirement for Washington, DC 20301–9010.
Comment 3. The initial phase of the commercial recovery (i.e., mining). Both Instructions: All submissions received
application at issue here will be exploration licenses expressly prohibit must include the agency name, docket
comprised of surveys and other the licensee from even testing mining number and title for this Federal
activities in preparation for mining. equipment without receiving further Register document. The general policy
These exploratory surveys have authorization from NOAA. To date, no for comments and other submissions
significant environmental impacts such authorizations have ever been from members of the public is to make
including acoustic impacts from the use requested. these submissions available for public
of seismic survey airguns, mining and viewing on the Internet at http://
Federal Domestic Assistance Catalog
lighting impacts. Deepsea [sic] mining www.regulations.gov as they are
11.419
also generates waste, noise, fuel or other received without change, including any
spills, vessel traffic, sediment plumes, Coastal Zone Management Program
Administration.
personal identifiers or contact
habitat disturbance and destruction, information.
and water quality problems. The license Dated: December 22, 2015.
Any associated form(s) for this
should be denied because it is untenable Christopher C. Cartwright, collection may be located within this
for NOAA to make a finding that the Associate Assistant Administrator for same electronic docket and downloaded
exploration proposed in the application Management and CFO/CAO, Ocean Services for review/testing. Follow the
cannot reasonably be expected to result and Coastal Zone Management, National
Oceanic and Atmospheric Administration.
instructions at http://
in significant adverse effect [sic] on the www.regulations.gov for submitting
quality of the environment as required [FR Doc. 2015–32889 Filed 12–29–15; 8:45 am]
comments. Please submit comments on
for issuing a license under 15 CFR BILLING CODE 3510–08–P
any given form identified by docket
970.506. Any license should be number, form number, and title.
conditioned on measures that avoid
FOR FURTHER INFORMATION CONTACT: To
these environmental impacts. DEPARTMENT OF DEFENSE
Response: NOAA disagrees. Contrary request more information on this
to the assertion of the commenter, the Office of the Secretary proposed information collection or to
current license extensions do not obtain a copy of the proposal and
[Docket ID: DoD–2015–OS–0142] associated collection instruments,
authorize the at-sea activities described
in the comments. The requested license please write to the Defense Logistics
Proposed Collection; Comment Agency, ATTN: Joint Contingency and
extensions only extend the term of the Request
licenses and do not authorize the types Expeditionary Services (JCXS) Program
of at-sea exploration activities cited by AGENCY: Defense Logistics Agency, DoD. Management Office (PMO), 4800 Mark
commenter. Indeed, conducting such ACTION: Notice. Center Drive, Alexandria, VA 22350; or
activities may be unnecessary as call (571) 372–3593.
Lockheed Martin stands in a unique SUMMARY: In compliance with the SUPPLEMENTARY INFORMATION:
position as a pre-enactment explorer Paperwork Reduction Act of 1995, the Title; Associated Form; and OMB
(i.e., the company conducted its Defense Logistics Agency announces a Number: Joint Contingency Contracting
exploration activities including the proposed public information collection System (JCCS); OMB 0704–XXXX.
acquisition of manganese nodules from and seeks public comment on the Needs and Uses: The information
the seafloor for assay purposes prior to provisions thereof. Comments are collection requirement is necessary to
the enactment of the DSHMRA). When invited on: (a) Whether the proposed evaluate vendors for possible approval
USA–4 was transferred to Lockheed collection of information is necessary or acceptance to do business with and
Martin in 1994 following the for the proper performance of the have access to U.S. military installations
relinquishment of the license from the functions of the agency, including around the world. JCCS is a module of
consortium led by Kennecott whether the information shall have the Joint Contingency and
Corporation, Lockheed Martin’s request practical utility; (b) the accuracy of the Expeditionary Services (JCXS). JCXS is
for the transfer of the license stated that agency’s estimate of the burden of the the DoD’s agile, responsive, and global
the company had no plans to conduct proposed information collection; (c) provider of Joint expeditionary
at-sea exploration activities since it ways to enhance the quality, utility, and acquisition business solutions that
already had conducted sufficient clarity of the information to be fulfill mission-critical requirements
collected; and (d) ways to minimize the
mstockstill on DSK4VPTVN1PROD with NOTICES
exploration prior to the enactment of while supporting interagency
DSHMRA. As noted above, when and if burden of the information collection on collaboration—to include, but not
Lockheed Martin decides to seek respondents, including through the use limited to, contracting, finance, spend
authorization to commence Phase II of automated collection techniques or analysis, contract close-out, staffing,
activities, such authorization will trigger other forms of information technology. strategic sourcing, and reporting.
appropriate review of the environmental DATES: Consideration will be given to all As an integral component of JCXS,
impacts associated with the proposed comments received by February 29, JCCS was designed to register foreign
at-sea exploration activities. 2016. vendors for work with the U.S.
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Document Created: 2015-12-30 03:16:32
Document Modified: 2015-12-30 03:16:32
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Action | Response to comments. | |
| Contact | Contact Kerry Kehoe, Office for Coastal Management, National Ocean Service, 301-563-1151, [email protected] | |
| FR Citation | 80 FR 81529 |
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