Federal Register / Vol. 77, No. 40 / Wednesday, February 29, 2012 / Notices 12245 

include the File No. in the subject line 

of the email comment. 

Those individuals requesting a public 

hearing should submit a written request 

to the Chief, Permits and Conservation 

Division at the address listed above. The 

request should set forth the specific 

reasons why a hearing on this 

application would be appropriate. 

FOR FURTHER INFORMATION CONTACT: 

Joselyd Garcia-Reyes or Carrie Hubard, 

(301) 427–8401. 

SUPPLEMENTARY INFORMATION: The 

subject permit is requested under the 

authority of the Marine Mammal 

Protection Act of 1972, as amended 

(MMPA; 16 U.S.C. 1361 et seq.), the 

regulations governing the taking and 

importing of marine mammals (50 CFR 

part 216), the Endangered Species Act of 

1973, as amended (ESA; 16 U.S.C. 1531 

et seq.), and the regulations governing 

the taking, importing, and exporting of 

endangered and threatened species (50 

CFR 222–226). 

The applicant requests a permit to 

conduct close vessel approaches; photoidentification and behavioral 

observations; photogrammetry; 

collection of exhaled air, feces and 

sloughed skin; and skin and blubber 

biopsy sampling import and export of 

parts; in order to continue a long-term 

study of North Atlantic humpback 

whales and to improve understanding of 

six other species in the North Atlantic 

(fin, blue, sei, minke, sperm and killer 

whales). Research would occur in the 

waters off Maine to Florida and Puerto 

Rico. The purposes of the research are 

to: (1) Monitor trends in abundance and 

vital rates, (2) study movement and 

habitat use patterns, including 

individual exchange with other 

populations, (3) study entanglement 

rates and human-related impacts, (4) 

perform genetic investigations into 

demography and reproductive success, 

(5) perform hormone-based studies into 

reproduction and neonatal mortality, 

and (6) perform stable isotope 

investigations into foraging ecology and 

nutritional stress in humpback whales. 

Research on the other species would 

focus primarily on population structure, 

human impacts, and health. Up to 2,100 

humpback whales, 250 fin whales, 100 

sei whales, and 50 whales from each of 

the remaining species could be harassed 

each year during photo-identification 

activities, and collection of sloughed 

skin, exhaled mucosa/gases, and/or 

feces. In addition, 340 humpback 

whales, 90 fin whales, 70 sei whales, 

and 30 whales from each of the 

remaining species could be harassed 

each year to acquire successful skin and 

blubber biopsy samples. North Atlantic 

right whales (Eubalaena glacialis) and 

14 other non-listed marine mammals 

could be incidentally harassed. See the 

application for specific take numbers by 

location and species/stock. The permit 

would be valid for a period of five years. 

A draft environmental assessment 

(EA) has been prepared in compliance 

with the National Environmental Policy 

Act of 1969 (42 U.S.C. 4321 et seq.), to 

examine whether significant 

environmental impacts could result 

from issuance of the proposed scientific 

research permit. The draft EA is 

available for review and comment 

simultaneous with the scientific 

research permit application. 

Concurrent with the publication of 

this notice in the Federal Register, 

NMFS is forwarding copies of the 

application to the Marine Mammal 

Commission and its Committee of 

Scientific Advisors. 

Dated: February 24, 2012. 

Tammy Adams, 

Acting Chief, Permits and Conservation 

Division, Office of Protected Resources, 

National Marine Fisheries Service. 

[FR Doc. 2012–4833 Filed 2–28–12; 8:45 am] 

BILLING CODE 3510–22–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

Deep Seabed Mining: Request for 

Extension of Exploration Licenses 

AGENCY: National Oceanic and 

Atmospheric Administration, U.S. 

Department of Commerce. 

ACTION: Notice of receipt of application 

to extend Deep Seabed Mining 

Exploration Licenses USA–1 and USA– 

4; request for comments. 

SUMMARY: Pursuant to the Deep Seabed 

Hard Mineral Resources Act (DSHMRA; 

30 U.S.C. 1401–1473), the National 

Oceanic and Atmospheric 

Administration (NOAA) has received an 

application for five-year extensions of 

Deep Seabed Mining Exploration 

Licenses USA–1 and USA–4 that are 

held by the Lockheed Martin 

Corporation. As part of the application, 

NOAA also has received an amended 

exploration plan submitted by 

Lockheed, which sets forth the 

exploration activities to be conducted 

during the extended period of the 

license. 

The USA–1 and USA–4 deep seabed 

mining licenses were previously issued 

to Ocean Minerals Company (OMCO), a 

partnership that included Lockheed. 

Upon the dissolution of OMCO, all 

interests in both licenses were conveyed 

to Lockheed. 

Section 107(a) of DSHMRA provides 

that the initial term of an exploration 

license shall be for ten years. 30 U.S.C. 

1417. This section further provides that 

if the licensee has substantially 

complied with the license and 

exploration plan and has requested an 

extension of the license, NOAA shall 

extend the license, for periods of not 

more than five years each, on terms, 

conditions and restrictions consistent 

with DSHMRA and its supporting 

regulations. 

The terms of licenses USA–1 and 

USA–4 authorized exploration through 

2004. In 2011, Lockheed requested an 

extension of USA–1 and USA–4. NOAA 

has determined that it is within the 

discretion of the agency to consider 

Lockheed Martin’s request to extend 

these DSHMRA licenses, and that 

NOAA intends to consider this request 

under 15 CFR 970.515(b). NOAA notes 

that the investment and engagement in 

exploration activities by Lockheed 

predate the enactment of DSHMRA. 

Thus, NOAA recognizes that Lockheed 

qualifies as a pre-enactment explorer 

under the DSHMRA regulations at 15 

CFR 970.101(q). Lockheed has not 

surrendered its licenses nor otherwise 

shown any intent to abandon them. The 

records for these licenses show that 

Lockheed indicated its intent to extend 

the licenses in several communications 

to NOAA. According to LM’s 

application, Lockheed has not 

undertaken any at-sea exploration 

activities that would be in violation of 

the license terms, conditions and 

restrictions. NOAA finds that the public 

interest would not be served by 

requiring Lockheed to reapply for the 

exploration licenses. 

As part of its extension request, 

Lockheed has submitted an amended 

exploration plan that discusses 

activities undertaken to date, together 

with those activities it would pursue 

during the next five years. Consistent 

with exploration plans previously 

submitted by OMCO in conjunction 

with earlier extension requests, the 

exploration proposed by Lockheed will 

continue to occur in two phases with 

Phase I being a preparatory stage 

followed by at-sea exploration during 

Phase II. Phase I consists of onshore 

study and analysis, including the 

selection of suitable survey systems, and 

the collection of economic, design and 

environmental data. Phase II would 

occur in the future, contingent upon 

changes in market conditions that 

would support the substantial 

investment in at-sea exploration, and on 

the ability of Lockheed Martin to obtain 


tkelley on DSK3SPTVN1PROD with NOTICES
12246 Federal Register / Vol. 77, No. 40 / Wednesday, February 29, 2012 / Notices 

adequate assurance of security of tenure 

at the international level. For a U.S. 

company, obtaining such adequate 

assurance of security of tenure would 

require that the United States become a 

Party to the 1982 Law of the Sea 

Convention, as modified by the 1994 

Implementing Agreement. Under both 

licenses, further NOAA approval is 

required before Phase II at-sea activities 

may be undertaken. 

NOAA is requesting comments 

pertaining to the request to extend 

USA–1 and USA–4 including but not 

limited to whether there has been 

substantial compliance 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. With the 

exception of any information deemed to 

be subject to the confidentiality 

protections provided under 15 CFR 

971.802, the request for extension and 

revised exploration plan are available 

through the contact for further 

information listed below. 

DATES: Individuals and organizations 

intending to submit comments on the 

exploration license extension request 

should do so by April 15, 2012. 

ADDRESSES: Comments should be 

submitted to Joelle Gore, Acting Chief, 

Coastal Programs Division (N/ORM3), 

Office of Ocean and Coastal Resource 

Management, NOS, NOAA, 1305 EastWest Highway, Silver Spring, Maryland 

20910; email Joelle.Gore@noaa.gov. 

FOR FURTHER INFORMATION CONTACT: 

Kerry Kehoe, Coastal Programs Division 

(NORM/3), Office of Ocean and Coastal 

Resource Management, NOS, NOAA, 

1305 East-West Highway, Silver Spring, 

Maryland 20910; email Kerry.Kehoe@

noaa.gov. Federal Domestic Assistance 

Catalogue 11.419 Coastal Zone 

Management Program Administration. 

Dated: February 17, 2012. 

David M. Kennedy, 

Assistant Administrator, National Ocean 

Service, National Oceanic Atmospheric 

Administration. 

[FR Doc. 2012–4613 Filed 2–28–12; 8:45 am] 

BILLING CODE 3510–08–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

RIN 0648–XA969 

Takes of Marine Mammals Incidental to 

Specified Activities; Taking Marine 

Mammals Incidental to Abalone 

Research on San Nicolas Island, 

California 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Notice; proposed incidental 

harassment authorization; request for 

comments. 

SUMMARY: NMFS has received an 

application from Dr. Glenn R. 

VanBlaricom (VanBlaricom) for an 

Incidental Harassment Authorization 

(IHA) to take marine mammals, by 

harassment, incidental to abalone 

research surveys. Pursuant to the 

Marine Mammal Protection Act 

(MMPA), NMFS is requesting comments 

on its proposal to issue an IHA to 

VanBlaricom to take, by Level B 

Harassment only, three species of 

marine mammals during the specified 

activity. 

DATES: Comments and information must 

be received no later than March 30, 

2012. 

ADDRESSES: Comments on the 

application should be addressed to 

Michael Payne, Chief, Permits and 

Conservation Division, Office of 

Protected Resources, National Marine 

Fisheries Service, 1315 East-West 

Highway, Silver Spring, MD 20910. The 

mailbox address for providing email 

comments is ITP.Laws@noaa.gov. NMFS 

is not responsible for email comments 

sent to addresses other than the one 

provided here. Comments sent via 

email, including all attachments, must 

not exceed a 10-megabyte file size. 

Instructions: All comments received 

are a part of the public record and will 

generally be posted to http:// 

www.nmfs.noaa.gov/pr/permits/ 

incidental.htm without change. All 

Personal Identifying Information (e.g., 

name, address) voluntarily submitted by 

the commenter may be publicly 

accessible. Do not submit Confidential 

Business Information or otherwise 

sensitive or protected information. 

An electronic copy of the application 

containing a list of the references used 

in this document may be obtained by 

writing to the address specified above, 

telephoning the contact listed below 

(see FOR FURTHER INFORMATION CONTACT), 

or visiting the Internet at: http:// 

www.nmfs.noaa.gov/pr/permits/ 

incidental.htm. Documents cited in this 

notice may also be viewed, by 

appointment, during regular business 

hours, at the aforementioned address. 

FOR FURTHER INFORMATION CONTACT: Ben 

Laws, Office of Protected Resources, 

NMFS, (301) 427–8401. 

SUPPLEMENTARY INFORMATION: 

Background 

Sections 101(a)(5)(A) and (D) of the 

MMPA (16 U.S.C. 1361 et seq.) direct 

the Secretary of Commerce to allow, 

upon request, the incidental, but not 

intentional, taking of small numbers of 

marine mammals by U.S. citizens who 

engage in a specified activity (other than 

commercial fishing) within a specified 

geographical region if certain findings 

are made and either regulations are 

issued or, if the taking is limited to 

harassment, a notice of a proposed 

authorization is provided to the public 

for review. 

Authorization for incidental takings 

shall be granted if NMFS finds that the 

taking will have a negligible impact on 

the species or stock(s), will not have an 

unmitigable adverse impact on the 

availability of the species or stock(s) for 

subsistence uses (where relevant), and if 

the permissible methods of taking and 

requirements pertaining to the 

mitigation, monitoring and reporting of 

such takings are set forth. NMFS has 

defined ‘‘negligible impact’’ in 50 CFR 

216 as ‘‘* * * an impact resulting from 

the specified activity that cannot be 

reasonably expected to, and is not 

reasonably likely to, adversely affect the 

species or stock through effects on 

annual rates of recruitment or survival.’’ 

Section 101(a)(5)(D) of the MMPA 

established an expedited process by 

which citizens of the U.S. can apply for 

an authorization to incidentally take 

small numbers of marine mammals by 

harassment. Section 101(a)(5)(D) 

establishes a 45-day time limit for 

NMFS review of an application 

followed by a 30-day public notice and 

comment period on any proposed 

authorizations for the incidental 

harassment of marine mammals. Within 

45 days of the close of the comment 

period, NMFS must either issue or deny 

the authorization. Except with respect to 

certain activities not pertinent here, the 

MMPA defines ‘‘harassment’’ as: ‘‘any 

act of pursuit, torment, or annoyance 

which (i) has the potential to injure a 

marine mammal or marine mammal 

stock in the wild [Level A harassment]; 

or (ii) has the potential to disturb a 

marine mammal or marine mammal 

stock in the wild by causing disruption 


tkelley on DSK3SPTVN1PROD with NOTICES