Navy Department June 2008 – Federal Register Recent Federal Regulation Documents

The Department of the Navy (DON) hereby cancels its notice of intent to prepare an Environmental Impact Statement for TRIDENT Support Facilities Explosives Handling Wharf, Naval Base Kitsap-Bangor, Silverdale, Kitsap County, WA, as published in the Federal Register, June 10, 2008 (73 FR 112). The previously published notice is cancelled because the DON has determined that this MILCON project is not ready for consideration in the current budget cycle and therefore the project will not be funded. DON will perform a thorough Business Case Analysis on this project, a thorough review and validation of the project requirement and timeline, and will explore and identify other alternative solutions to this $780M MILCON project.

Pursuant to section 102(2)(c) of the National Environmental Policy Act (NEPA) of 1969 (42 United States Code [U.S.C.] 4321); the Council of Environmental Quality (CEQ) Regulations for implementing the procedural provisions of NEPA (Title 40 Code of Federal Regulations [CFR] 1500-1508); Department of the Navy Procedures for Implementing NEPA (32 CFR 775); Executive Order (EO) 12114, Environmental Effects Abroad of Major Federal Actions; and Department of Defense (DoD) regulations implementing EO 12114 (32 CFR 187) the Department of the Navy (Navy) has prepared and filed with the U.S. Environmental Protection Agency a Draft Environmental Impact Statement/Overseas Environmental Impact Statement (EIS/OEIS) on June 16, 2008. The National Marine Fisheries Service (NMFS) is a Cooperating Agency for the EIS/OEIS. The EIS/OEIS evaluates the potential environmental impacts over a 10-year planning horizon associated with Navy Atlantic Fleet training; research, development, testing, and evaluation (RDT&E) activities; and associated range capabilities enhancements (including infrastructure improvements) within the existing Virginia Capes (VACAPES) Range Complex Operating Area (OPAREA). The components of the VACAPES Range Complex include 28,672 square nautical miles (nm\2\) of special use area (SUA) warning area; 27,661 nm\2\ of offshore surface and subsurface OPAREA; and 18,092 nm\2\ of deep ocean area greater than 100 fathoms (600 feet). The geographic scope of the EIS/OEIS includes the airspace, seaspace, and undersea space of the VACAPES Range Complex. This area is referred to as the VACAPES Study Area. The VACAPES Study Area does not include any dry land. However, it does include the area from the mean high tide line east (seaward) to the 3nm boundary of the states of Delaware, Maryland, Virginia, and North Carolina. This 3-nm state boundary also serves as the western boundary of the VACAPES OPAREA. The VACAPES Study Area also includes 420 nm\2\ of the lower Chesapeake Bay. A Notice of Intent (NOI) for the EIS/OEIS was published in the Federal Register on December 8, 2006 (Federal Register Volume 71, No. 236, pp 71143-71145). A revised NOI was issued in the Federal Register (Volume 72, No. 171, pp 50940-50941) on September 5, 2007 when training areas in the southern Chesapeake Bay were identified for analysis. The Navy will conduct four public hearings to receive oral and written comments on the Draft EIS/OEIS. Federal agencies, state agencies, and local agencies and interested individuals are invited to be present or represented at the public hearings. This notice announces the dates and locations of the public hearings for this Draft EIS/OEIS. An open house session will precede the scheduled public hearing at each of the locations listed below and will allow individuals to review the information presented in the VACAPES Range Complex Draft EIS/OEIS. Navy representatives will be available during the open house sessions to clarify information related to the Draft EIS/OEIS.

The Department of the Navy is amending its certifications and exemptions under the International Regulations for Preventing Collisions at Sea, 1972 (72 COLREGS), to reflect that the Deputy Assistant Judge Advocate General (Admiralty and Maritime Law) has determined that USS STOCKDALE (DDG 106) is a vessel of the Navy which, due to its special construction and purpose, cannot fully comply with certain provisions of the 72 COLREGS without interfering with its special function as a naval ship. The intended effect of this rule is to warn mariners in waters where 72 COLREGS apply.

Pursuant to Section 102(2)(c) of the National Environmental Policy Act (NEPA) of 1969, and the regulations implemented by the Council on Environmental Quality (40 CFR Parts 1500-1508), the Department of the Navy (DON) announces its intent to prepare a SEIS on the use of Pinecastle Training Range in Florida. The SEIS supplements the FEIS for ``Renewal of Authorization to Use Pinecastle Range, Ocala National Forest, Florida'' dated January 2002. The Record of Decision for the FEIS for ``Renewal of Authorization to Use Pinecastle Range, Ocala National Forest, Florida'' was dated March 29, 2002 and published in the Federal Register on April 10, 2002 (67 FR 17418). Pursuant to 40 CFR 1502.9, a SEIS is being prepared for the limited purpose of supplementing the 2002 FEIS to analyze new information regarding Range Compatibility Zones (RCZs) and to assess the effectiveness of existing mitigation measures to determine if any additional mitigation measures or a modification to the governing range Operating Plan are warranted. After completion of the 2002 FEIS, a new safety modeling program was adopted by the Navy. This new modeling program, SAFERANGE, when applied to current training operations, indicates that the Range Compatibility Zones, formerly referred to as Range Safety Zones, are larger than previously modeled. Impacts associated with this significant new information are the focus of the SEIS. The new RCZs could affect the following counties in Florida: Marion, Lake, Volusia, and Putnam. The SEIS will analyze the environmental effects resulting from the revised RCZs and the effectiveness of existing mitigation measures to determine if additional actions or modifications to the range Operating Plan are necessary to maintain public safety and ensure range sustainability. The SEIS will also evaluate past, present and reasonably foreseeable future land use proposals and forestry actions from a cumulative impacts perspective. The SEIS will not propose any changes to the Fleet's Training and Readiness Program. The targets, ordnance, method of delivery (air-to- ground), and volume of munitions utilized at Pinecastle for military training are not changing, and, therefore, will not be re-analyzed in the SEIS. The Navy is also initiating a public scoping period for the SEIS with this announcement. Public input is requested to ensure the scope of the SEIS analysis incorporates public concerns and affords the public an input in the decision-making process. Dates and Addresses: The Navy must receive scoping comments within 30 days of June 12, 2008. Comments may be submitted by mail or electronically through the project Web site at www.pinecastleseis.com. Mail scoping comments to: Naval Facilities Engineering Command Southeast, Attention: Mr. Richard Davis (Code EV21), 2155 Eagle Drive, North Charleston, SC 29406.

The CNO Executive Panel will report on the findings and recommendations of the Environmental Stewardship Subcommittee to the Chief of Naval Operations. The meeting will consist of discussions of current and future Navy strategy, plans, and policies to both increase the Navy's energy efficiency and reduce the Navy's environmental footprint while maintaining combat readiness.