Federal Register / Vol. 82, No. 172 / Thursday, September 7, 2017 / Notices 42327 

Soft start shall be implemented at the 

start of each day’s impact pile driving 

and at any time following cessation of 

impact pile driving for a period of thirty 

minutes or longer. 

(h) Pile driving shall only be 

conducted during daylight hours. 

(i) Pile driving shall only occur during 

July to November months. 

5. Monitoring. 

The holder of this Authorization is 

required to conduct marine mammal 

monitoring during pile driving and 

removal activities. Marine mammal 

monitoring and reporting shall be 

conducted in accordance with the 

monitoring measures in the application. 

(a) Venoco shall collect sighting data 

and behavioral responses to pile driving 

for marine mammal species observed in 

the region of activity during the period 

of activity. All observers shall be trained 

in marine mammal identification and 

behaviors, and shall have no other 

construction-related tasks while 

conducting monitoring. 

(b) Monitoring shall be conducted by 

qualified observers. Trained observers 

shall be placed from the best vantage 

point(s) practicable to monitor for 

marine mammals and implement 

shutdown or delay procedures when 

applicable through communication with 

the equipment operator. Observer 

training must be provided prior to 

project start and in accordance with the 

monitoring measures in the application, 

and shall include instruction on species 

identification (sufficient to distinguish 

the species listed in 3(b)), description 

and categorization of observed 

behaviors and interpretation of 

behaviors that may be construed as 

being reactions to the specified activity, 

proper completion of data forms, and 

other basic components of biological 

monitoring, including tracking of 

observed animals or groups of animals 

such that repeat sound exposures may 

be attributed to individuals (to the 

extent possible). 

(c) For all marine mammal 

monitoring, the information shall be 

recorded as described in the monitoring 

measures section of the application. 

6. Reporting. 

The holder of this Authorization is 

required to: 

(a) Submit a draft report on all 

monitoring conducted under the IHA 

within 90 days of the completion of 

marine mammal monitoring, or 60 days 

prior to the issuance of any subsequent 

IHA for projects at the Project area, 

whichever comes first. A final report 

shall be prepared and submitted within 

thirty days following resolution of 

comments on the draft report from 

NMFS. This report must contain the 

informational elements described in the 

application, at minimum (see 

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

incidental/construction.htm), and shall 

also include: 

i. Detailed information about any 

implementation of shutdowns, 

including the distance of animals to the 

pile and description of specific actions 

that ensued and resulting behavior of 

the animal, if any. 

ii. Description of attempts to 

distinguish between the number of 

individual animals taken and the 

number of incidents of take, such as 

ability to track groups or individuals. 

iii. An estimated total take estimate 

extrapolated from the number of marine 

mammals observed during the course of 

construction activities, if necessary. 

(b) Reporting injured or dead marine 

mammals: 

i. In the unanticipated event that the 

specified activity clearly causes the take 

of a marine mammal in a manner 

prohibited by this IHA, such as a serious 

injury or mortality, Venoco shall 

immediately cease the specified 

activities and report the incident to the 

Office of Protected Resources, NMFS, 

and the Alaska Regional Stranding 

Coordinator. The report must include 

the following information: 

A. Time and date of the incident; 

B. Description of the incident; 

C. Environmental conditions (e.g., 

wind speed and direction, Beaufort sea 

state, cloud cover, and visibility); 

D. Description of all marine mammal 

observations in the 24 hours preceding 

the incident; 

E. Species identification or 

description of the animal(s) involved; 

F. Fate of the animal(s); and 

G. Photographs or video footage of the 

animal(s). 

Activities shall not resume until 

NMFS is able to review the 

circumstances of the prohibited take. 

NMFS will work with Venoco to 

determine what measures are necessary 

to minimize the likelihood of further 

prohibited take and ensure MMPA 

compliance. Venoco may not resume 

their activities until notified by NMFS. 

ii. In the event that the Venoco 

discovers an injured or dead marine 

mammal, and the lead observer 

determines that the cause of the injury 

or death is unknown and the death is 

relatively recent (e.g., in less than a 

moderate state of decomposition), 

Venoco shall immediately report the 

incident to the Office of Protected 

Resources, NMFS, and the West Coast 

Regional Stranding Coordinator. 

The report must include the same 

information identified in 6(b)(i) of this 

IHA. Activities may continue while 

NMFS reviews the circumstances of the 

incident. NMFS will work with Venoco 

to determine whether additional 

mitigation measures or modifications to 

the activities are appropriate. 

iii. In the event that Venoco discovers 

an injured or dead marine mammal, and 

the lead observer determines that the 

injury or death is not associated with or 

related to the activities authorized in the 

IHA (e.g., previously wounded animal, 

carcass with moderate to advanced 

decomposition, scavenger damage), 

Venoco shall report the incident to the 

Office of Protected Resources, NMFS, 

and the West Coast Regional Stranding 

Coordinator, NMFS, within 24 hours of 

the discovery. Venoco shall provide 

photographs or video footage or other 

documentation of the stranded animal 

sighting to NMFS. 

7. This Authorization may be 

modified, suspended or withdrawn if 

the holder fails to abide by the 

conditions prescribed herein, or if 

NMFS determines the authorized taking 

is having more than a negligible impact 

on the species or stock of affected 

marine mammals. 

Request for Public Comments 

We request comment on our analyses, 

the draft authorization, and any other 

aspect of this Notice of Proposed IHA 

for the proposed fender pile 

replacement. Please include with your 

comments any supporting data or 

literature citations to help inform our 

final decision on the request for MMPA 

authorization. 

Dated: September 1, 2017. 

Donna S. Wieting, 

Director, Office of Protected Resources, 

National Marine Fisheries Service. 

[FR Doc. 2017–18974 Filed 9–6–17; 8:45 am] 

BILLING CODE 3510–22–P 

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 

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42328 Federal Register / Vol. 82, No. 172 / Thursday, September 7, 2017 / Notices 

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 

Kerry.Kehoe@noaa.gov. 

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 

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Federal Register / Vol. 82, No. 172 / Thursday, September 7, 2017 / Notices 42329 

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). 

2Although 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. 

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: 

• 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 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

RIN 0648–XD990 

Atlantic Highly Migratory Species; 

Essential Fish Habitat 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Notice of availability of Final 

Environmental Assessment. 

SUMMARY: NMFS announces the 

availability of a Final Environmental 

Assessment for Amendment 10 to the 

2006 Consolidated Atlantic Highly 

Migratory Species (HMS) Fishery 

Management Plan (FMP). This Final 

Amendment updates Atlantic HMS 

essential fish habitat (EFH) based on 

new scientific evidence or other 

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