Department of the Navy July 2008 – Federal Register Recent Federal Regulation Documents
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Record of Decision for the Final Environmental Impact Statement for the Shock Trial of USS MESA VERDE (LPD 19)
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.
Notice of Availability of Government-Owned Inventions; Available for Licensing
The inventions listed below are assigned to the United States Government as represented by the Secretary of the Navy and are made available for licensing by the Department of the Navy. U.S. Navy Case Number 98,480 entitled ``Relay Brick and Deployer'', Inventors Burmeister, Pezeshkian and Nguyen, Filed May 1, 2007.//Navy Case Number 98,795 entitled ``Relay Device Deployer System'', Inventors Burmeister, Pezeshkian and Nguyen, Filed August 1, 2007.
Notice of Open Meeting of the Ocean Research and Resources Advisory Panel
The Ocean Research and Resources Advisory Panel (ORRAP) will meet to discuss National Ocean Research Leadership Council (NORLC) and Interagency Committee on Ocean Science and Resource Management Integration (ICOSRMI) activities. All sessions of the meeting will be open to the public.
Certifications and Exemptions Under the International Regulations for Preventing Collisions at Sea, 1972
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 NEW HAMPSHIRE (SSN 778) 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.
Notice of Availability of Finding
Pursuant to Section 102(2)(C) of the National Environmental Policy Act (NEPA) of 1969 and the Council on Environmental Quality regulations (40 CFR parts 1500-1508), implementing procedural provisions of NEPA, and Executive Order (EO) 12114, Environmental Effects Abroad of Major Federal Actions, the Department of the Navy (DON) gives notice that a combined Finding of No Significant Impact (FONSI)/Finding of No Significant Harm (FONSH) has been issued and is available for Carrier Strike Group Joint Task Force Exercise (CSG JTFEX) July 2008.
Cancellation of the Notice of Intent To Prepare an Environmental Impact Statement for TRIDENT Support Facilities Explosives Handling Wharf, Naval Base Kitsap-Bangor, Silverdale, Kitsap County, WA; Correction
The Department of the Navy published a document in the Federal Register of June 30, 2008, announcing cancellation of the 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. The contact e-mail address for further information has changed.
Payments of Amounts Due Mentally Incompetent Members of the Naval Service
The Department of the Navy is amending its rules to update existing sections relating to the authority and procedures to designate trustees for Navy and Marine Corps service members who have been determined to be mentally incompetent pursuant to 37 U.S.C. Chapter 11. The proposed amendments will comport with current policy reflected in Chapter XIV of the Manual of the Judge Advocate General (JAGMAN).
Record of Decision for Hawaii Range Complex
The Department of the Navy (Navy), after carefully weighing the operational and environmental consequences of the proposed action, announces its decision to support and conduct current and emerging Department of Defense (DoD) training and research, development, test, and evaluation (RDT&E) activities in the Hawaii Range Complex (HRC), and upgrade or modernize range complex capabilities to enhance and sustain training and RDT&E. The Navy considered applicable Executive Orders, including an analysis of the environmental effects of its actions outside the United States or its territories under the provisions of Executive Order 12114 (Environmental Effects Abroad of Major Federal Actions) and the requirements of Executive Order 12898 (Federal Actions to Address Environmental Justice in Minority Populations and Low Income Populations). The proposed action will be accomplished as set out in Alternative 3, described in the Final Environmental Impact Statement/Overseas Environmental Impact Statement (EIS/OEIS) as the preferred alternative. Implementation of the preferred alternative could begin immediately. Because the Navy is required by section 5062 of Title 10 of the United States Code to organize, train, equip, and maintain combat-ready forces, ongoing training and RDT&E activities within the HRC will continue at current levels in the event that the proposed action is not implemented.
Notice of Deadline for Submission of Donation Applications for the ex-CHARLES F. ADAMS (DDG 2)
The Department of the Navy (DON) hereby gives notice of the receipt of one application for the donation of the guided missile destroyer ex-CHARLES F. ADAMS (DDG 2), located at the NAVSEA Inactive Ships On-site Maintenance Office, Philadelphia, PA, and the deadline for submission of additional applications for the ship.
Notice of Intent To Grant Exclusive Patent License; Nomadics, Inc.
The Department of the Navy hereby gives notice of its intent to grant to Nomadics, Inc., a revocable, nonassignable, exclusive license to practice in the field of use of chemiluminescent detection of trace chemical analytes that are potential chemical threats to health, welfare, national defense and homeland security, such as chemical warfare agents, explosives, and toxic industrial chemicals (TIC's) that may be released deliberately or accidentally, using a highly sensitive instrument either as a stand alone device or integrated into a device that includes other ICx technologies in the military, homeland security, first responder, law enforcement, and industrial markets in the United States and certain foreign countries, the Government-owned invention described in U.S. Patent No. 6,579,722 entitled ``Chemiluminescence Chemical Detection of Vapors and Device Therefor'', Navy Case No. 76,653 and any continuations, divisionals or re-issues thereof.
Record of Decision for the Development of the Westside of Marine Corps Base Quantico, Including the 2005 Base Realignment and Closure Action
Pursuant to Section 102(2)(c) of the National Environmental Policy Act (NEPA) of 1969, 42 U.S.C. Section 4332(2)(c), the regulations of the Council on Environmental Quality's (CEQ) for Implementing the Procedural Provisions of (40 CFR parts 1500-1508), the Department of the Navy NEPA regulation (32 CFR part 775), and the Marine Corps Environmental Compliance and Protection Manual, which is Marine Corps Order P5090.2A (MCO P5090.2A), the Department of the Navy announces its decision to develop the area west of Interstate 95 (Westside) at Marine Corps Base Quantico (MCB Quantico), Virginia. This action will include implementation of the 2005 Base Realignment and Closure (BRAC) action at MCB Quantico. The development of Westside and implementation of BRAC 2005 at MCB Quantico will be accomplished as set out in the Preferred Alternative and described in the Final Environmental Impact Statement (Final EIS) of April 2008.
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