Navy Department July 28, 2008 – Federal Register Recent Federal Regulation Documents

The Department of Navy (Navy), pursuant to Section 102(2)(C) of the National Environmental Policy Act (NEPA) of 1969, 42 United States Code (U.S.C.) 4321 et seq.; the regulations implementing NEPA issued by the Council on Environmental Quality (CEQ), 40 Code of Federal Regulations (CFR) Parts 1500-1508; Navy regulations implementing NEPA procedures (31 CFR 775); and Presidential Executive Order 12114, hereby announces its decision to conduct a shock trial for USS MESA VERDE in the area of the Atlantic Ocean offshore of Naval Station Mayport, Jacksonville, Florida during the summer 2008 (June 21- September 20). NEPA establishes the procedures Federal agencies must follow in analyzing environmental impacts of major Federal actions within the United States (U.S.) and its territories. Presidential Executive Order 12114 establishes the procedures Federal agencies must follow when environmental impacts of major Federal actions occur outside the U.S. or its territories including the global commons. The Navy is the lead agency for the proposed action with cooperation from the National Marine Fisheries Service (NMFS), who agreed to be a cooperating agency for the Environmental Impact Statement. USS MESA VERDE will undergo a shock trial in a manner consistent with the proposed action ``Alternative Offshore Shock Trial Locations'' as described in the Final Environmental Impact Statement (EIS). The Final EIS analyzed in detail three alternative offshore areas (Norfolk, Virginia; Mayport, Florida; and Pensacola, Florida) during all four seasons. The No-action alternative was also analyzed in the Final EIS. The preferred alternative is to conduct a shock trial offshore of Mayport implementing protective measures (also referred to as mitigation measures) to minimize risk to marine mammals and sea turtles. Although all three test areas meet minimal operational requirements, there is considerable variability between the locations in terms of marine species presence and status (e.g., threatened or endangered), as well as differences with respect to potential impacts to species (i.e., mortality, injury, and acoustic harassment). USS MESA VERDE will be subjected to a series of up to four 10,000-pound explosive charge detonations sometime between June 21, 2008 and September 20, 2008, conducted at a rate of one per week to allow time to perform detailed inspections of the ship's systems. Potential risk of impacts to marine mammals and sea turtles in summer is highest offshore of Norfolk and Pensacola and lowest offshore of Mayport. The Norfolk and Mayport locations are not considered environmentally acceptable during October through April due to the migratory patterns and presence (abundance) of the North Atlantic right whale. Endangered marine species are not likely to be adversely affected by the preferred alternative to conduct the proposed shock trial offshore of Mayport in the summer. All other aspects of the three test areas are similar. Based on the Navy's overseas deployment requirements for the ship class and, in particular, the availability of the ship, conducting the shock trial offshore of Mayport will meet the project purpose and need, satisfy operational requirements, and minimize environmental impacts. This Record of Decision leaves the selection of primary and secondary test sites within the Mayport test area to be made based on pre-detonation aerial surveys for marine mammal and sea turtle presence. This will ensure that the final test site selected for the shock trial poses the least possible risk to the marine environment.