Notice of Intent To Prepare an Environmental Impact Statement/Overseas Environmental Impact Statement for Navy Atlantic Fleet Training and Testing, 69951-69952 [2015-28750]
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mstockstill on DSK4VPTVN1PROD with NOTICES
Federal Register / Vol. 80, No. 218 / Thursday, November 12, 2015 / Notices
(c) An amicus curiae brief submitted
before the Court’s consideration of a
petition for grant of review, petition for
extraordinary relief, writ-appeal
petition, or petition for new trial may be
filed under subparagraphs (a)(1) or
(a)(2), or if the Court grants leave to file
under subparagraph (a)(3) of this rule.
(d) Unless otherwise ordered by the
Court, a brief of an amicus curiae in
support of a party shall be filed no later
than 10 days after that party has filed its
brief, supplement to the petition for
grant of review, petition for
extraordinary relief, writ-appeal
petition, or answer. If neither party is
supported, the brief of an amicus curiae
shall be filed no later than 10 days after
the first brief, supplement to the
petition for grant of review, petition for
extraordinary relief, or writ-appeal
petition is filed. In the case of a petition
for new trial, the brief of an amicus
curiae shall be filed no later than 10
days after the petitioner’s brief in
support of the petition has been filed
with the Court. Motions for leave to file
an amicus curiae brief under Rule
26(a)(3) must be filed within the time
allowed for the filing of the brief and
contemporaneously with the amicus
curiae brief itself. Requests for
extensions of time to file an amicus
curiae brief will not be granted. A party
may file a motion under Rule 30 for
leave to reply to the brief of an amicus
curiae.
(e) Neither the hearing nor the
disposition of a case will be delayed
pending action on a motion for leave to
file an amicus curiae brief or a motion
of an amicus curiae to participate in a
hearing, or to await the filing of a brief
of an amicus curiae under this rule.
(f) Except by the Court’s permission,
a brief of an amicus curiae may be no
more than one-half the maximum length
authorized by Rule 24 for a brief for an
appellant/petitioner. If the Court grants
a party permission to file a longer brief,
that extension does not affect the length
of an amicus brief.
(g) A member of the Bar of the Court
who represents an amicus curiae and is
authorized to file a brief under
paragraph (a) of this rule may file a
motion for leave to have a law student
enter an appearance on behalf of the
amicus curiae. To be eligible to
participate under this rule, a law
student must be acting under the
attorney’s supervision and the attorney
and the law student must substantially
comply with the requirements of Rule
13A(b)(1)–(5) and (c)(1)–(11). Argument
by a law student granted permission to
appear on behalf of an amicus curiae
may be requested by motion filed under
Rule 30.
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18:15 Nov 10, 2015
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Comment: The first part of new
paragraph (b) tracks similar language in
Supreme Court Rule 37. It advises that
‘‘me too’’ briefs are not favored, and this
is generally the view of all appellate
courts. The proposal goes on to require
that motions for leave to file, as well as
the amicus briefs themselves, contain a
statement of the movant’s interest and
explain why the matters asserted in the
brief are relevant to the disposition of
the case. The proposal operates
differently from the practice in the
Article III courts of appeal in that even
with the consent of the parties, an
amicus filer must still ask for leave of
the Court to file an amicus curiae brief.
In this way, the Court retains the
authority to decide all requests to file
amicus briefs based on its own
determination that the brief will be
helpful. It is believed that party consent
may not be an adequate filter that
ensures that amicus briefs are helpful to
the Court. While party consent is not a
guarantee that the brief will be accepted,
lack of consent is not a guarantee that
it will be rejected. Rather, the Court
oversees all filings to be sure that
amicus participation is warranted.
Paragraph (b) also includes a
requirement that only members of the
Court’s Bar or attorneys appearing pro
hac vice may file motions for leave to
file amicus curiae briefs.
Paragraph (c) proposes a new rule to
clarify that motions to file amicus curiae
briefs can be filed in support of
petitions for grant of review, petitions
for extraordinary relief, writ-appeal
petitions, petitions for new trial, and
answers to such pleadings.
[FR Doc. 2015–28598 Filed 11–10–15; 8:45 am]
BILLING CODE 5001–06–P
DEPARTMENT OF DEFENSE
Department of the Navy
Notice of Intent To Prepare an
Environmental Impact Statement/
Overseas Environmental Impact
Statement for Navy Atlantic Fleet
Training and Testing
Department of the Navy, DoD.
ACTION: Notice.
AGENCY:
Pursuant to section 102(2)(c)
of the National Environmental Policy
Act (NEPA) of 1969, as implemented by
the Council on Environmental Quality
Regulations (40 Code of Federal
Regulations [CFR] Parts 1500–1508),
and Executive Order (EO) 12114, the
Department of the Navy (Navy)
announces its intent to prepare an
Environmental Impact Statement (EIS)/
SUMMARY:
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69951
Overseas EIS (OEIS) to evaluate the
potential environmental effects
associated with continuing to conduct
military readiness activities, which
consist of training activities and
research, development, testing, and
evaluation (hereinafter referred to as
‘‘testing’’) activities in the Atlantic Fleet
Training and Testing (AFTT) Study
Area. The Study Area consists of sea
space in and airspace over the Atlantic
Ocean along the eastern coast of North
America, portions of the Caribbean Sea,
and the Gulf of Mexico. The AFTT
Study Area begins seaward from the
mean high water line and moves east to
the 45 degree longitude line. The Study
Area covers approximately 2.6 million
square nautical miles of ocean area,
including designated Navy operating
areas, warning areas, select Navy
pierside locations, and associated port
transit channels.
In order to both achieve and maintain
military readiness, the Navy proposes
to:
• Conduct training and testing
activities at levels required to support
Navy military readiness requirements
beginning in 2018 into the reasonably
foreseeable future; and
• Accommodate evolving mission
requirements associated with force
structure changes, including those
resulting from the development, testing,
and ultimate introduction of new
platforms (vessels, aircraft, and weapon
systems) into the fleet; thereby ensuring
critical Navy requirements are met.
As part of this process the Navy will
seek to obtain authorization and
permitting, as required under the
Marine Mammal Protection Act and
Endangered Species Act, respectively.
The Navy invites comments on the
scope and content of the EIS/OEIS from
all interested parties. Comments may be
provided by mail and through the EIS/
OEIS Web site at: https://
www.AFTTEIS.com. Mailed comments
must be postmarked no later than
January 16, 2016 and mailed to the
address below to ensure they are
considered.
FOR FURTHER INFORMATION CONTACT:
Lesley Dobbins-Noble, Naval Facilities
Engineering Command, Code EV22LDN
(AFTT EIS/OEIS Project Manager), 6506
Hampton Boulevard, Norfolk, Virginia
23508–1278. 703–322–4625.
SUPPLEMENTARY INFORMATION: The
Navy’s lead action proponent is
Commander, U.S. Fleet Forces
Command. Additional action
proponents include Naval Sea Systems
Command (NAVSEA), Naval Air
Systems Command (NAVAIR), and the
Office of Naval Research (ONR). The
E:\FR\FM\12NON1.SGM
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mstockstill on DSK4VPTVN1PROD with NOTICES
69952
Federal Register / Vol. 80, No. 218 / Thursday, November 12, 2015 / Notices
Proposed Action is to conduct military
readiness activities in the AFTT Study
Area. These training and testing
activities are generally consistent with
those analyzed in the AFTT EIS/OEIS
completed in August 2013 and are
representative of training and testing
that the Navy has been conducting in
the AFTT Study Area for decades.
The following range complexes fall
within the AFTT Study Area: Northeast
Range Complexes, Virginia Capes Range
Complex, Navy Cherry Point Range
Complex, Jacksonville Range Complex,
Key West Range Complex, and Gulf of
Mexico Range Complex. The testing
ranges in the AFTT Study Area include:
Naval Undersea Warfare Center Division
Newport, Newport, Rhode Island; Naval
Surface Warfare Center (NSWC) Panama
City Division, Panama City, Florida; and
NSWC Carderock Division South
Florida Ocean Measurement Facility,
Dania, Florida. While most Navy
military readiness activities take place
in operating and warning areas in the
AFTT Study Area, some activities, such
as sonar maintenance and gunnery
exercises, are conducted concurrent
with normal transits and occur outside
of these areas, but still within the Study
Area. The pierside testing locations and
associated port transit channels are
located at the following Navy ports and
naval shipyards: Portsmouth Naval
Shipyard, Kittery, Maine; Naval
Submarine Base New London, Groton,
Connecticut; Naval Station Norfolk,
Norfolk, Virginia; Joint Expeditionary
Base Little Creek-Fort Story, Virginia
Beach, Virginia; Naval Submarine Base
Kings Bay, Kings Bay, Georgia; Naval
Station Mayport, Jacksonville, Florida;
Norfolk Naval Shipyard, Portsmouth,
Virginia; and Port Canaveral, Cape
Canaveral, Florida. Additional AFTT
Study Area pierside testing locations
and associated port transit channels are
located in Bath, Maine; Groton,
Connecticut; Newport News, Virginia;
and Pascagoula, Mississippi.
Pursuant to 40 CFR 1501.6, the Navy
will invite the National Marine
Fisheries Service to be a cooperating
agency in preparation of the EIS/OEIS.
The purpose of the Proposed Action
is to maintain a ready force, which is
needed to ensure that the Navy can meet
its mission to maintain, train, and equip
combat-ready naval forces capable of
winning wars, deterring aggression, and
maintaining freedom of the seas, as
consistent with Congressional direction
Section 5062, of Title 10 U.S. Code.
The AFTT Phase III EIS/OEIS will
consider a No Action Alternative and
action alternatives that account for types
and tempo of training and testing
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18:15 Nov 10, 2015
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activities beginning in 2018 as necessary
to meet future readiness requirements.
Resource areas that will be addressed
include, but are not limited to:
Biological resources (including marine
mammals and threatened and
endangered species), sediments and
water quality, air quality, noise, cultural
resources, socioeconomic resources, and
public health and safety.
The scoping process will be used to
identify community concerns and local
issues to be addressed in the EIS/OEIS.
Federal agencies, state agencies, local
agencies, Native American Indian Tribes
and Nations, the public, and interested
persons are encouraged to identify
specific issues or topics of
environmental concern that the Navy
should consider. Written comments
must be postmarked no later than
January 12, 2016 to ensure they are
considered in the development of the
EIS/OEIS and mailed to: Naval Facilities
Engineering Command, Atlantic, Code:
EV22LDN (AFTT EIS/OEIS Project
Manager), 6506 Hampton Boulevard,
Norfolk, Virginia, 23508–1278.
Comments also can be submitted
electronically by January 12, 2016 via
the project Web site at https://
www.AFTTEIS.com.
consist of training activities and
research, development, testing, and
evaluation (hereinafter referred to as
‘‘testing’’) activities in the HawaiiSouthern California Training and
Testing (HSTT) Study Area. The Study
Area consists of the in-water areas of the
Southern California (SOCAL) Range
Complex (including San Diego Bay); inwater areas of Silver Strand Training
Complex (SSTC); the Hawaii Range
Complex (HRC); areas on the high seas
where training and sonar testing and
maintenance may occur during vessel
transit between the Hawaii and
Southern California Range Complexes;
the Temporary Operating Area north
and west of the Hawaii Range Complex;
and specific Navy pierside, port, and
harbor locations.
In order to achieve and maintain
military readiness, the Navy proposes
to:
• Conduct training and testing
activities at levels required to support
Navy military readiness requirements
beginning in December 2018 into the
reasonably foreseeable future; and
• Accommodate evolving mission
requirements associated with force
structure changes, including those
resulting from the development, testing,
and ultimate introduction of new
Dated: November 5, 2015.
platforms (vessels, aircraft, and weapon
N.A. Hagerty-Ford,
systems) into the fleet; thereby ensuring
Commander, Judge Advocate General's Corps, critical Navy requirements are met.
U.S. Navy, Administrative Law Division,
As part of this process the Navy will
Federal Register Liaison Officer.
seek to obtain authorization and
[FR Doc. 2015–28750 Filed 11–10–15; 8:45 am]
permitting, as required under the
Marine Mammal Protection Act and
BILLING CODE 3810–FF–P
Endangered Species Act, respectively.
The Navy invites comments on the
DEPARTMENT OF DEFENSE
scope and content of the EIS/OEIS from
all interested parties. Comments may be
Department of the Navy
provided by mail and through the EIS/
OEIS Web site at: https://
Notice of Intent To Prepare an
www.hstteis.com. Mailed comments
Environmental Impact Statement/
must be postmarked no later than
Overseas Environmental Impact
January 16, 2016 and mailed to the
Statement for Hawaii-Southern
address below to ensure they are
California Training and Testing and
considered.
Notice of Public Scoping Meetings
In addition, the Navy will conduct
public scoping meetings to obtain
AGENCY: Department of the Navy, DoD.
comments on the scope of the EIS/OEIS
ACTION: Notice.
and to identify specific environmental
concerns or topics for consideration in
SUMMARY: Pursuant to section 102(2)(c)
the document.
of the National Environmental Policy
Act (NEPA) of 1969, as implemented by DATES: Dates and Addresses: Three
the Council on Environmental Quality
public scoping meetings will be held on:
Regulations (40 Code of Federal
1. Tuesday, December 1, 2015, 5:00–
Regulations [CFR] parts 1500–1508),
8:00 p.m., Marina Village Conference
and Executive Order (EO) 12114, the
Center Starboard Room, 1936 Quivira
Department of the Navy (Navy)
Way, San Diego, CA 92109
announces its intent to prepare an
2. Thursday, December 3, 2015, 5:00–
Environmental Impact Statement (EIS)/
8:00 p.m., Island School Main Hall, 3–
Overseas EIS (OEIS) to evaluate the
1901 Kaumuali’i Highway Lihue,
potential environmental effects
Kauai, HI 96766
3. Saturday, December 5, 2015, 11:00–
associated with continuing to conduct
2:00 p.m., Ke’ehi Lagoon Memorial,
military readiness activities, which
PO 00000
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Fmt 4703
Sfmt 4703
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]]>Agencies
[Federal Register Volume 80, Number 218 (Thursday, November 12, 2015)]
[Notices]
[Pages 69951-69952]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-28750]
-----------------------------------------------------------------------
DEPARTMENT OF DEFENSE
Department of the Navy
Notice of Intent To Prepare an Environmental Impact Statement/
Overseas Environmental Impact Statement for Navy Atlantic Fleet
Training and Testing
AGENCY: Department of the Navy, DoD.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: Pursuant to section 102(2)(c) of the National Environmental
Policy Act (NEPA) of 1969, as implemented by the Council on
Environmental Quality Regulations (40 Code of Federal Regulations [CFR]
Parts 1500-1508), and Executive Order (EO) 12114, the Department of the
Navy (Navy) announces its intent to prepare an Environmental Impact
Statement (EIS)/Overseas EIS (OEIS) to evaluate the potential
environmental effects associated with continuing to conduct military
readiness activities, which consist of training activities and
research, development, testing, and evaluation (hereinafter referred to
as ``testing'') activities in the Atlantic Fleet Training and Testing
(AFTT) Study Area. The Study Area consists of sea space in and airspace
over the Atlantic Ocean along the eastern coast of North America,
portions of the Caribbean Sea, and the Gulf of Mexico. The AFTT Study
Area begins seaward from the mean high water line and moves east to the
45 degree longitude line. The Study Area covers approximately 2.6
million square nautical miles of ocean area, including designated Navy
operating areas, warning areas, select Navy pierside locations, and
associated port transit channels.
In order to both achieve and maintain military readiness, the Navy
proposes to:
Conduct training and testing activities at levels required
to support Navy military readiness requirements beginning in 2018 into
the reasonably foreseeable future; and
Accommodate evolving mission requirements associated with
force structure changes, including those resulting from the
development, testing, and ultimate introduction of new platforms
(vessels, aircraft, and weapon systems) into the fleet; thereby
ensuring critical Navy requirements are met.
As part of this process the Navy will seek to obtain authorization
and permitting, as required under the Marine Mammal Protection Act and
Endangered Species Act, respectively.
The Navy invites comments on the scope and content of the EIS/OEIS
from all interested parties. Comments may be provided by mail and
through the EIS/OEIS Web site at: https://www.AFTTEIS.com. Mailed
comments must be postmarked no later than January 16, 2016 and mailed
to the address below to ensure they are considered.
FOR FURTHER INFORMATION CONTACT: Lesley Dobbins-Noble, Naval Facilities
Engineering Command, Code EV22LDN (AFTT EIS/OEIS Project Manager), 6506
Hampton Boulevard, Norfolk, Virginia 23508-1278. 703-322-4625.
SUPPLEMENTARY INFORMATION: The Navy's lead action proponent is
Commander, U.S. Fleet Forces Command. Additional action proponents
include Naval Sea Systems Command (NAVSEA), Naval Air Systems Command
(NAVAIR), and the Office of Naval Research (ONR). The
[[Page 69952]]
Proposed Action is to conduct military readiness activities in the AFTT
Study Area. These training and testing activities are generally
consistent with those analyzed in the AFTT EIS/OEIS completed in August
2013 and are representative of training and testing that the Navy has
been conducting in the AFTT Study Area for decades.
The following range complexes fall within the AFTT Study Area:
Northeast Range Complexes, Virginia Capes Range Complex, Navy Cherry
Point Range Complex, Jacksonville Range Complex, Key West Range
Complex, and Gulf of Mexico Range Complex. The testing ranges in the
AFTT Study Area include: Naval Undersea Warfare Center Division
Newport, Newport, Rhode Island; Naval Surface Warfare Center (NSWC)
Panama City Division, Panama City, Florida; and NSWC Carderock Division
South Florida Ocean Measurement Facility, Dania, Florida. While most
Navy military readiness activities take place in operating and warning
areas in the AFTT Study Area, some activities, such as sonar
maintenance and gunnery exercises, are conducted concurrent with normal
transits and occur outside of these areas, but still within the Study
Area. The pierside testing locations and associated port transit
channels are located at the following Navy ports and naval shipyards:
Portsmouth Naval Shipyard, Kittery, Maine; Naval Submarine Base New
London, Groton, Connecticut; Naval Station Norfolk, Norfolk, Virginia;
Joint Expeditionary Base Little Creek-Fort Story, Virginia Beach,
Virginia; Naval Submarine Base Kings Bay, Kings Bay, Georgia; Naval
Station Mayport, Jacksonville, Florida; Norfolk Naval Shipyard,
Portsmouth, Virginia; and Port Canaveral, Cape Canaveral, Florida.
Additional AFTT Study Area pierside testing locations and associated
port transit channels are located in Bath, Maine; Groton, Connecticut;
Newport News, Virginia; and Pascagoula, Mississippi.
Pursuant to 40 CFR 1501.6, the Navy will invite the National Marine
Fisheries Service to be a cooperating agency in preparation of the EIS/
OEIS.
The purpose of the Proposed Action is to maintain a ready force,
which is needed to ensure that the Navy can meet its mission to
maintain, train, and equip combat-ready naval forces capable of winning
wars, deterring aggression, and maintaining freedom of the seas, as
consistent with Congressional direction Section 5062, of Title 10 U.S.
Code.
The AFTT Phase III EIS/OEIS will consider a No Action Alternative
and action alternatives that account for types and tempo of training
and testing activities beginning in 2018 as necessary to meet future
readiness requirements.
Resource areas that will be addressed include, but are not limited
to: Biological resources (including marine mammals and threatened and
endangered species), sediments and water quality, air quality, noise,
cultural resources, socioeconomic resources, and public health and
safety.
The scoping process will be used to identify community concerns and
local issues to be addressed in the EIS/OEIS. Federal agencies, state
agencies, local agencies, Native American Indian Tribes and Nations,
the public, and interested persons are encouraged to identify specific
issues or topics of environmental concern that the Navy should
consider. Written comments must be postmarked no later than January 12,
2016 to ensure they are considered in the development of the EIS/OEIS
and mailed to: Naval Facilities Engineering Command, Atlantic, Code:
EV22LDN (AFTT EIS/OEIS Project Manager), 6506 Hampton Boulevard,
Norfolk, Virginia, 23508-1278. Comments also can be submitted
electronically by January 12, 2016 via the project Web site at https://www.AFTTEIS.com.
Dated: November 5, 2015.
N.A. Hagerty-Ford,
Commander, Judge Advocate General's Corps, U.S. Navy, Administrative
Law Division, Federal Register Liaison Officer.
[FR Doc. 2015-28750 Filed 11-10-15; 8:45 am]
BILLING CODE 3810-FF-P
