Department of the Navy July 2011 – Federal Register Recent Federal Regulation Documents

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), the Department of the Navy (DoN), gives notice that a draft Environmental Assessment (EA) has been prepared for the proposed realignment of strike fighter assets at Naval Air Station (NAS) Lemoore.

The Department of the Navy (Navy), after carefully weighing the environmental consequences of the proposed action as presented in the Final Environmental Impact Statement (FEIS), announces its decision to extend the operational areas of the Naval Sea Systems Command Naval Undersea Warfare Center Keyport Range Complex and increase the number of days of activities and the number of activities per day, in furtherance of the Navy's statutory obligations under Title 10 of the United States Code governing the roles and responsibilities of the Navy. In its decision, the Navy considered applicable laws and executive orders, including an analysis of the effects of its actions in compliance with the Endangered Species Act, the Coastal Zone Management Act, and the National Historic Preservation Act, and the requirements of Executive Order (EO) 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low Income Populations and EO 13045, Protection of Children from Environmental Health Risks and Safety Risks. Implementation of the proposed action could begin immediately.

Pursuant to the Council on Environmental Quality Regulations (40 CFR parts 1500-1508) implementing procedural provisions of the National Environmental Policy Act (NEPA), 42 United States Code 4321, and the Marine Corps NEPA directive (Marine Corps Order P5090.2A), the Department of the Navy gives final notice that the FONSI for the PEA implementing the MARFORRES Wind Energy Program will not have a significant adverse impact on the environment. In accordance with 42 U.S.C. 4321 and 40 CFR 1501.4(e)(2), a preliminary FONSI for this action was published in the April 18, 2011 Federal Register (76 FR Page 21712). No comments were received regarding the preliminary FONSI. MARFORRES has reviewed the conclusion of the PEA, and agrees with the finding of no significant impact. This notice serves as the Final FONSI for the PEA implementing the MARFORRES Wind Energy Program. The preliminary FONSI and the PEA are adopted in final with no change. Therefore, the preparation of an Environmental Impact Statement (EIS) is not required. Site-specific, focused Environmental Assessments (EA's) will be tiered from the PEA to evaluate site-specific impacts at individual MARFORRES facilities identified as having the potential for the development of wind energy.

The Department of the Navy (DoN) 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 (DAJAG)(Admiralty and Maritime Law) has determined that USS PITTSBURGH (SSN 720) 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.

The Department of the Navy is deleting a system of records notice in its existing inventory of record systems subject to the Privacy Act of 1974, (5 U.S.C. 552a), as amended.