82 FR 42327 - Deep Seabed Mining: Approval of Exploration License Extensions
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration Federal Register Volume 82, Issue 172 (September 7, 2017)
National Oceanic and Atmospheric Administration
Federal Register Volume 82, Issue 172 (September 7, 2017)
| Page Range | 42327-42329 | |
| FR Document | 2017-18994 |
[Federal Register Volume 82, Number 172 (Thursday, September 7, 2017)] [Notices] [Pages 42327-42329] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-18994] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration Deep Seabed Mining: Approval of Exploration License Extensions AGENCY: Office for Coastal Management, National Ocean Service, National Oceanic and Atmospheric Administration (NOAA), Department of Commerce. ACTION: Notice of extension of Deep Seabed Hard Mineral Exploration Licenses. ----------------------------------------------------------------------- SUMMARY: NOAA is announcing the approval of two, five-year extensions of deep seabed hard mineral exploration licenses issued under the Deep Seabed [[Page 42328]] Hard Mineral Resource Act (DSHMRA). The decision to approve the extensions follows a determination that the Licensee has substantially complied with the licenses, their terms, conditions and restrictions, and the associated exploration plan, and a review of comments on the requested extensions. No at-sea exploration activities are authorized by these extensions without authorization and further environmental review by NOAA. FOR FURTHER INFORMATION CONTACT: Kerry Kehoe, Office for Coastal Management (N/OCM6), NOS, NOAA, 1305 East-West Highway, Silver Spring, MD 20910; 240-533-0782; email [email protected]. SUPPLEMENTARY INFORMATION: On February 21, 2017, Lockheed Martin Corporation (Licensee or ``LMC'') requested from NOAA an extension of two exploration licenses that it holds under the Deep Seabed Hard Mineral Resources Act (DSHMRA). The licenses are known as USA-1 and USA-4. When originally issued in 1984, USA-1 and USA-4 were for a term of ten years. DSHMRA requires that requests to extend the licenses be approved every five years if the licensee has substantially complied with the licenses, their terms, conditions and restrictions, and the associated exploration plan. On April 20, 2017, NOAA published a Federal Register notice (82 FR 18613) announcing the receipt of the extension request for USA-1 and USA-4, and soliciting comments on whether the Licensee had met the statutory requirement of showing substantial compliance. Comments were also solicited from the Western Pacific Fisheries Management Council (WPFMC) and the U.S. Department of State. A response to comments is included in this notice. Upon determining that the Licensee had substantially complied with the licenses, their terms, conditions and restrictions, and the associated exploration plan, and completing environmental review of the request for extension in conformance with the requirements of the National Environmental Policy Act, NOAA approved a five-year extension of the licenses through June 2, 2022. The extension maintains the proprietary interests that the licenses confer upon the Licensee but does not authorize LMC to conduct at-sea exploration activities pursuant to the licenses. Additional authorization and further environmental review by NOAA is required before at-sea exploration may be undertaken pursuant to these licenses. Response to Comments: As noted above, in addition to the Federal Register notice requesting comments on the extension request, comments were solicited from WPFMC and the U.S. Department of State. The WPFMC found that none of the fisheries under the Council's jurisdiction would be affected by the onshore activities outlined in the extension request, and had no objections to the extension. The Department of State reviewed the request and had no objections or comments. NOAA received five responses to the Federal Register notice request for comments. The comments received are summarized as follows along with the responses by the NOAA Office for Coastal Management. Comment: Deep seabed mining can result in environmental disturbance and harm to ocean ecosystems and should not be authorized. Response: LMC is not proposing, and NOAA is not authorizing, at-sea deep seabed exploration activities at this time. Rather, NOAA is extending existing exploration licenses, which by their terms, require additional NOAA approval prior to the Licensee commencing at-sea exploration activities. Commercial recovery operations are not permitted by the USA-1 and USA-4 licenses. Comment: Unless and until there is full accession by the United States to the 1982 United Nations Law on the Sea Convention, United States companies should be prohibited from conducting exploration activities on the international seabed. Response: The NOAA Administrator is under an obligation established by Congress to issue an extension of these licenses to a U.S. applicant if the relevant criteria are satisfied. One of the express purposes of DSHMRA is to establish an interim program to regulate the exploration for and commercial recovery of hard mineral resources of the deep seabed by United States citizens pending the ratification by, and entering into force with respect to the United States, of what was then known as the Law of the Sea Treaty. See 30 U.S.C. 1401(b)(3). Under the requirements of Section 107(a) of DSHMRA, NOAA is required to approve requests to extend exploration licenses if the Licensee has substantially complied with the license, its terms, conditions and restrictions, and the exploration plan associated therewith. See 30 U.S.C. 1417(a). Consistent with the criteria set forth in 15 CFR 970.515(b), NOAA has determined that the Licensee has substantially complied with the licenses, their terms, conditions and restrictions, and associated exploration plan, and therefore, extension of USA-1 and USA-4 licenses may not be withheld. A DSHMRA exploration license gives the holder the exclusive right to explore a specific area, but only as against other U.S. entities. Any rights a U.S. company may have domestically are not secured internationally because U.S. companies are not able to go through the internationally recognized process at the International Seabed Authority established for Parties to the United Nations Convention on the Law of the Sea (UNCLOS). Comment: There has not been meaningful progress by the Licensee to show that there has been substantial compliance with the licenses and exploration plan. In claiming that the exploration plan has been diligently pursued, the Licensee claims credit for work that was not conducted by the Licensee or even in the USA-1 or USA-4 license areas. The extension request should be denied. Response: NOAA disagrees with the conclusion that the Licensee has not substantially complied with the USA-1 and USA-4 licenses and the exploration plan associated therewith. In assessing whether the Licensee has substantially complied with the licenses, their terms, conditions and restrictions, and the associated exploration plan, the Act requires that the Licensee pursue diligently the activities described in its approved exploration plan. The licenses further specify that in order to show that it has diligently pursued the activities in its approved exploration plan, the Licensee shall submit an annual report demonstrating conformance with the schedule of activities, level of activity, and expenditures for implementing the plan. This report also focuses on the evolving ability of the Licensee to apply for a permit for commercial recovery. In regard to satisfying the diligence requirement, the Deep Seabed Mining Regulations for Exploration Licenses state that: Ultimately, the diligence requirement will involve a retrospective determination by the Administrator, based on the licensee's reasonable conformance to the approved exploration plan. Such determination, however, will take into account the need for some degree of flexibility in an exploration plan. It will also include consideration of the needs and state of development of each licensee, again based on the approved exploration plan. In addition, the determination will take account of legitimate periods of time when there is no or very low expenditure, and will allow for a certain [[Page 42329]] degree of flexibility for changes encountered by the licensee in such factors as its resource knowledge and financial considerations. 15 CFR 970.602(c). The exploration plans associated with these licenses have evolved since their original approval as part of the initial license issuance in 1984. In 1991, NOAA approved a revised exploration plan for USA-1 delaying at-sea exploration due to unfavorable conditions in the metals markets.\1\ Subsequent extensions of USA-1 included the approval of the exploration plan with the delayed implementation of at-sea activities (referred to as ``Phase II Activities'' in the exploration plan). When NOAA approved the transfer of USA-4 to the Ocean Minerals Company (OMCO), the predecessor to LMC, in 1994, OMCO stated that no at-sea exploration activities were planned or needed due to data collection that preceded the enactment of DSHMRA. In 2012, NOAA approved a consolidated exploration plan for USA-1 and USA-4 with the same contingency delaying the start of Phase II at-sea exploration activities due to unfavorable market conditions. In addition, the Licensee cited the need to have security of tenure through international recognition of the licenses by the International Seabed Authority following accession by the United States to the UNCLOS, as a justification for delay of the Phase II exploration activities. Since the last extension of these exploration licenses, LMC has made substantial expenditures on activities pursuant its approved exploration plan.\2\ Noteworthy activities of LMC include: --------------------------------------------------------------------------- \1\ DSHMRA regulations provide that the Administrator may make allowance for deviation from the exploration plan for good cause, such as significantly changed market conditions (provided the request for extension is accompanied by an amended exploration plan to govern the activities of the licensee during the extended period). See 15 CFR 970.515(b). \2\ Although LMC has discussed some work performed in collaboration with a United Kingdom subsidiary in its annual reports, NOAA's determination of substantial compliance was based upon an assessment of LMC's contributions to these collaborative efforts. ---------------------------------------------------------------------------The integration of data into a GIS system to map nodule density including the density distribution of nodules by concentrations of target metals; The development of environmental baseline metrics by benthic organism class; The development of updated economic models based on the validation of the end-to-end baseline architecture for seabed mining through the assessment of each segment of the architecture for its technical and economic feasibility; Benchtop metallurgical tests of extraction efficiencies for the primary commercial target metals and Rare Earth Elements found in nodules; Selecting the chain of custody and processing protocols that will be used for mineral content certification which will be necessary in order to obtain financing for future operations; and Participation in the meetings and discussions of the International Seabed Authority and various international programs pertaining to the deep seabed. In addition, the approved exploration plan includes environmental assessment activities that must occur as a prerequisite to undertaking Phase II. These activities are necessary to further advance the understanding of the seabed environment, and the scientific methodology for its characterization. Developing this understanding is not limited to activities pertaining specifically to the areas licensed to LMC. Working collaboratively with research institutions, nation states, and exploration contractors authorized by the International Seabed Authority, LMC has contributed to collaborative efforts that have made substantial advancements in identifying organisms inhabiting the deep seabed, their abundance, distribution, diversity, and community structure. In addition to taxonomic classifications, these efforts have included genetic characterizations, which are critical to establishing biogeographical distinctions and connectivity in the deep seabed environment. This data and information, in turn, can be used for predictive habitat modelling. These contributions to the advancement of science are expected to be applicable to activities in the areas within the USA-1 and USA-4 licenses when Phase II activities are proposed there. NOAA, therefore, views these efforts as further evidence of the Licensee's diligence in pursuing the activities described in the exploration plan. As discussed in the exploration plan associated with the requested extension of USA-1 and USA-4, the Licensee continues to find that the market conditions and the lack of international tenure under UNCLOS prevent the company from moving forward with Phase II of its exploration plan. Nonetheless, the Licensee has demonstrated a commitment to retain the licenses on a legitimate presumption that the existing contingencies will be resolved. LMC's annual reports demonstrate that preparatory work for at-sea exploration is continuing and NOAA has determined that such efforts constitute substantial compliance with the USA-1 and USA-4 licenses and associated exploration plan. As such, extension of USA-1 and USA-4 is warranted. Comment: Due to the LMC's failure to adequately specify what activities are to occur under the individual exploration licenses, the applicant has failed to substantially comply with its license and application plan, and therefore, the extension requests should be denied. Response: NOAA disagrees. In 2012, NOAA approved a consolidated exploration plan for USA-1 and USA-4. The Phase I preparatory activities within the approved consolidated exploration plan are described generally and appropriately apply to both areas. Given the general nature of the preparatory activities under Phase I, separate descriptions of those activities for both license areas are not necessary. As described above, the Licensee has provided sufficient justification to determine that it has substantially complied with the licenses and associated exploration plan. If the Licensee proceeds to Phase II, activity descriptions pertaining specific areas may be necessary. Federal Domestic Assistance Catalog 11.419 Coastal Zone Management Program Administration. Dated: August 30, 2017. Donna Rivelli, Associate Assistant Administrator for Management and CFO/CAO, Ocean Services and Coastal Zone Management, National Oceanic and Atmospheric Administration. [FR Doc. 2017-18994 Filed 9-6-17; 8:45 am] BILLING CODE 3510-08-P
![Federal Register / Vol. 82, No. 172 / Thursday, September 7, 2017 / Notices 42327
Soft start shall be implemented at the informational elements described in the NMFS reviews the circumstances of the
start of each day’s impact pile driving application, at minimum (see incident. NMFS will work with Venoco
and at any time following cessation of www.nmfs.noaa.gov/pr/permits/ to determine whether additional
impact pile driving for a period of thirty incidental/construction.htm), and shall mitigation measures or modifications to
minutes or longer. also include: the activities are appropriate.
(h) Pile driving shall only be i. Detailed information about any iii. In the event that Venoco discovers
conducted during daylight hours. implementation of shutdowns, an injured or dead marine mammal, and
(i) Pile driving shall only occur during including the distance of animals to the the lead observer determines that the
July to November months. pile and description of specific actions injury or death is not associated with or
5. Monitoring. that ensued and resulting behavior of related to the activities authorized in the
The holder of this Authorization is the animal, if any. IHA (e.g., previously wounded animal,
required to conduct marine mammal ii. Description of attempts to carcass with moderate to advanced
monitoring during pile driving and distinguish between the number of decomposition, scavenger damage),
removal activities. Marine mammal individual animals taken and the Venoco shall report the incident to the
monitoring and reporting shall be number of incidents of take, such as Office of Protected Resources, NMFS,
conducted in accordance with the ability to track groups or individuals. and the West Coast Regional Stranding
monitoring measures in the application. iii. An estimated total take estimate Coordinator, NMFS, within 24 hours of
(a) Venoco shall collect sighting data extrapolated from the number of marine the discovery. Venoco shall provide
and behavioral responses to pile driving mammals observed during the course of photographs or video footage or other
for marine mammal species observed in construction activities, if necessary. documentation of the stranded animal
the region of activity during the period (b) Reporting injured or dead marine sighting to NMFS.
of activity. All observers shall be trained mammals: 7. This Authorization may be
in marine mammal identification and i. In the unanticipated event that the modified, suspended or withdrawn if
behaviors, and shall have no other specified activity clearly causes the take the holder fails to abide by the
construction-related tasks while of a marine mammal in a manner conditions prescribed herein, or if
conducting monitoring. prohibited by this IHA, such as a serious NMFS determines the authorized taking
(b) Monitoring shall be conducted by injury or mortality, Venoco shall is having more than a negligible impact
qualified observers. Trained observers immediately cease the specified on the species or stock of affected
shall be placed from the best vantage activities and report the incident to the marine mammals.
point(s) practicable to monitor for Office of Protected Resources, NMFS,
marine mammals and implement and the Alaska Regional Stranding Request for Public Comments
shutdown or delay procedures when Coordinator. The report must include We request comment on our analyses,
applicable through communication with the following information: the draft authorization, and any other
the equipment operator. Observer A. Time and date of the incident; aspect of this Notice of Proposed IHA
training must be provided prior to B. Description of the incident; for the proposed fender pile
project start and in accordance with the C. Environmental conditions (e.g., replacement. Please include with your
monitoring measures in the application, wind speed and direction, Beaufort sea comments any supporting data or
and shall include instruction on species state, cloud cover, and visibility); literature citations to help inform our
identification (sufficient to distinguish D. Description of all marine mammal final decision on the request for MMPA
the species listed in 3(b)), description observations in the 24 hours preceding authorization.
and categorization of observed the incident;
E. Species identification or Dated: September 1, 2017.
behaviors and interpretation of
behaviors that may be construed as description of the animal(s) involved; Donna S. Wieting,
being reactions to the specified activity, F. Fate of the animal(s); and Director, Office of Protected Resources,
proper completion of data forms, and G. Photographs or video footage of the National Marine Fisheries Service.
other basic components of biological animal(s). [FR Doc. 2017–18974 Filed 9–6–17; 8:45 am]
monitoring, including tracking of Activities shall not resume until BILLING CODE 3510–22–P
observed animals or groups of animals NMFS is able to review the
such that repeat sound exposures may circumstances of the prohibited take.
be attributed to individuals (to the NMFS will work with Venoco to DEPARTMENT OF COMMERCE
extent possible). determine what measures are necessary
(c) For all marine mammal to minimize the likelihood of further National Oceanic and Atmospheric
monitoring, the information shall be prohibited take and ensure MMPA Administration
recorded as described in the monitoring compliance. Venoco may not resume
Deep Seabed Mining: Approval of
measures section of the application. their activities until notified by NMFS.
ii. In the event that the Venoco Exploration License Extensions
6. Reporting.
The holder of this Authorization is discovers an injured or dead marine AGENCY: Office for Coastal Management,
required to: mammal, and the lead observer National Ocean Service, National
(a) Submit a draft report on all determines that the cause of the injury Oceanic and Atmospheric
monitoring conducted under the IHA or death is unknown and the death is Administration (NOAA), Department of
within 90 days of the completion of relatively recent (e.g., in less than a Commerce.
marine mammal monitoring, or 60 days moderate state of decomposition),
mstockstill on DSK30JT082PROD with NOTICES
ACTION: Notice of extension of Deep
prior to the issuance of any subsequent Venoco shall immediately report the Seabed Hard Mineral Exploration
IHA for projects at the Project area, incident to the Office of Protected Licenses.
whichever comes first. A final report Resources, NMFS, and the West Coast
shall be prepared and submitted within Regional Stranding Coordinator. SUMMARY: NOAA is announcing the
thirty days following resolution of The report must include the same approval of two, five-year extensions of
comments on the draft report from information identified in 6(b)(i) of this deep seabed hard mineral exploration
NMFS. This report must contain the IHA. Activities may continue while licenses issued under the Deep Seabed
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![Federal Register / Vol. 82, No. 172 / Thursday, September 7, 2017 / Notices 42329
degree of flexibility for changes encountered architecture for its technical and constitute substantial compliance with
by the licensee in such factors as its resource economic feasibility; the USA–1 and USA–4 licenses and
knowledge and financial considerations. 15 • Benchtop metallurgical tests of associated exploration plan. As such,
CFR 970.602(c). extraction efficiencies for the primary extension of USA–1 and USA–4 is
The exploration plans associated with commercial target metals and Rare Earth warranted.
these licenses have evolved since their Elements found in nodules; Comment: Due to the LMC’s failure to
original approval as part of the initial • Selecting the chain of custody and adequately specify what activities are to
license issuance in 1984. In 1991, processing protocols that will be used occur under the individual exploration
NOAA approved a revised exploration for mineral content certification which licenses, the applicant has failed to
plan for USA–1 delaying at-sea will be necessary in order to obtain substantially comply with its license
exploration due to unfavorable financing for future operations; and and application plan, and therefore, the
• Participation in the meetings and extension requests should be denied.
conditions in the metals markets.1
discussions of the International Seabed Response: NOAA disagrees. In 2012,
Subsequent extensions of USA–1
Authority and various international NOAA approved a consolidated
included the approval of the exploration
programs pertaining to the deep seabed. exploration plan for USA–1 and
plan with the delayed implementation In addition, the approved exploration
of at-sea activities (referred to as ‘‘Phase USA–4. The Phase I preparatory
plan includes environmental assessment activities within the approved
II Activities’’ in the exploration plan). activities that must occur as a
When NOAA approved the transfer of consolidated exploration plan are
prerequisite to undertaking Phase II. described generally and appropriately
USA–4 to the Ocean Minerals Company These activities are necessary to further
(OMCO), the predecessor to LMC, in apply to both areas. Given the general
advance the understanding of the nature of the preparatory activities
1994, OMCO stated that no at-sea seabed environment, and the scientific
exploration activities were planned or under Phase I, separate descriptions of
methodology for its characterization. those activities for both license areas are
needed due to data collection that Developing this understanding is not
preceded the enactment of DSHMRA. In not necessary. As described above, the
limited to activities pertaining Licensee has provided sufficient
2012, NOAA approved a consolidated specifically to the areas licensed to
exploration plan for USA–1 and justification to determine that it has
LMC. Working collaboratively with substantially complied with the licenses
USA–4 with the same contingency research institutions, nation states, and
delaying the start of Phase II at-sea and associated exploration plan. If the
exploration contractors authorized by Licensee proceeds to Phase II, activity
exploration activities due to unfavorable the International Seabed Authority,
market conditions. In addition, the descriptions pertaining specific areas
LMC has contributed to collaborative may be necessary.
Licensee cited the need to have security efforts that have made substantial
of tenure through international advancements in identifying organisms Federal Domestic Assistance Catalog
recognition of the licenses by the 11.419 Coastal Zone Management Program
inhabiting the deep seabed, their Administration.
International Seabed Authority abundance, distribution, diversity, and
following accession by the United States community structure. In addition to Dated: August 30, 2017.
to the UNCLOS, as a justification for taxonomic classifications, these efforts Donna Rivelli,
delay of the Phase II exploration have included genetic characterizations, Associate Assistant Administrator for
activities. Since the last extension of which are critical to establishing Management and CFO/CAO, Ocean Services
these exploration licenses, LMC has biogeographical distinctions and and Coastal Zone Management, National
made substantial expenditures on connectivity in the deep seabed Oceanic and Atmospheric Administration.
activities pursuant its approved environment. This data and [FR Doc. 2017–18994 Filed 9–6–17; 8:45 am]
exploration plan.2 Noteworthy activities information, in turn, can be used for BILLING CODE 3510–08–P
of LMC include: predictive habitat modelling. These
• The integration of data into a GIS contributions to the advancement of
system to map nodule density including science are expected to be applicable to DEPARTMENT OF COMMERCE
the density distribution of nodules by activities in the areas within the National Oceanic and Atmospheric
concentrations of target metals; USA–1 and USA–4 licenses when Phase Administration
• The development of environmental II activities are proposed there. NOAA,
baseline metrics by benthic organism therefore, views these efforts as further RIN 0648–XD990
class; evidence of the Licensee’s diligence in
pursuing the activities described in the Atlantic Highly Migratory Species;
• The development of updated Essential Fish Habitat
economic models based on the exploration plan.
validation of the end-to-end baseline As discussed in the exploration plan AGENCY: National Marine Fisheries
architecture for seabed mining through associated with the requested extension Service (NMFS), National Oceanic and
the assessment of each segment of the of USA–1 and USA–4, the Licensee Atmospheric Administration (NOAA),
continues to find that the market Commerce.
1 DSHMRA regulations provide that the
conditions and the lack of international ACTION: Notice of availability of Final
Administrator may make allowance for deviation tenure under UNCLOS prevent the Environmental Assessment.
from the exploration plan for good cause, such as company from moving forward with
significantly changed market conditions (provided Phase II of its exploration plan. SUMMARY: NMFS announces the
the request for extension is accompanied by an Nonetheless, the Licensee has availability of a Final Environmental
mstockstill on DSK30JT082PROD with NOTICES
amended exploration plan to govern the activities
of the licensee during the extended period). See 15 demonstrated a commitment to retain Assessment for Amendment 10 to the
CFR 970.515(b). the licenses on a legitimate presumption 2006 Consolidated Atlantic Highly
2 Although LMC has discussed some work that the existing contingencies will be Migratory Species (HMS) Fishery
performed in collaboration with a United Kingdom resolved. LMC’s annual reports Management Plan (FMP). This Final
subsidiary in its annual reports, NOAA’s
determination of substantial compliance was based
demonstrate that preparatory work for Amendment updates Atlantic HMS
upon an assessment of LMC’s contributions to these at-sea exploration is continuing and essential fish habitat (EFH) based on
collaborative efforts. NOAA has determined that such efforts new scientific evidence or other
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Document Created: 2017-09-07 02:01:41
Document Modified: 2017-09-07 02:01:41
| 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 | Notice of extension of Deep Seabed Hard Mineral Exploration Licenses. | |
| Contact | Kerry Kehoe, Office for Coastal Management (N/OCM6), NOS, NOAA, 1305 East-West Highway, Silver Spring, MD 20910; 240-533-0782; email [email protected] | |
| FR Citation | 82 FR 42327 |
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