80 FR 69951 - Notice of Intent To Prepare an Environmental Impact Statement/Overseas Environmental Impact Statement for Navy Atlantic Fleet Training and Testing
DEPARTMENT OF DEFENSE
Department of the Navy Federal Register Volume 80, Issue 218 (November 12, 2015)
Department of the Navy
Federal Register Volume 80, Issue 218 (November 12, 2015)
| Page Range | 69951-69952 | |
| FR Document | 2015-28750 |
[Federal Register Volume 80, Number 218 (Thursday, November 12, 2015)] [Notices] [Pages 69951-69952] From the Federal Register Online [www.thefederalregister.org] [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: http://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 http://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
![Federal Register / Vol. 80, No. 218 / Thursday, November 12, 2015 / Notices 69951
(c) An amicus curiae brief submitted Comment: The first part of new Overseas EIS (OEIS) to evaluate the
before the Court’s consideration of a paragraph (b) tracks similar language in potential environmental effects
petition for grant of review, petition for Supreme Court Rule 37. It advises that associated with continuing to conduct
extraordinary relief, writ-appeal ‘‘me too’’ briefs are not favored, and this military readiness activities, which
petition, or petition for new trial may be is generally the view of all appellate consist of training activities and
filed under subparagraphs (a)(1) or courts. The proposal goes on to require research, development, testing, and
(a)(2), or if the Court grants leave to file that motions for leave to file, as well as evaluation (hereinafter referred to as
under subparagraph (a)(3) of this rule. the amicus briefs themselves, contain a ‘‘testing’’) activities in the Atlantic Fleet
(d) Unless otherwise ordered by the statement of the movant’s interest and Training and Testing (AFTT) Study
Court, a brief of an amicus curiae in explain why the matters asserted in the Area. The Study Area consists of sea
support of a party shall be filed no later brief are relevant to the disposition of space in and airspace over the Atlantic
than 10 days after that party has filed its the case. The proposal operates Ocean along the eastern coast of North
brief, supplement to the petition for differently from the practice in the America, portions of the Caribbean Sea,
grant of review, petition for Article III courts of appeal in that even and the Gulf of Mexico. The AFTT
extraordinary relief, writ-appeal with the consent of the parties, an Study Area begins seaward from the
petition, or answer. If neither party is amicus filer must still ask for leave of mean high water line and moves east to
supported, the brief of an amicus curiae the Court to file an amicus curiae brief. the 45 degree longitude line. The Study
shall be filed no later than 10 days after In this way, the Court retains the Area covers approximately 2.6 million
the first brief, supplement to the authority to decide all requests to file square nautical miles of ocean area,
petition for grant of review, petition for amicus briefs based on its own including designated Navy operating
extraordinary relief, or writ-appeal determination that the brief will be areas, warning areas, select Navy
petition is filed. In the case of a petition helpful. It is believed that party consent pierside locations, and associated port
for new trial, the brief of an amicus may not be an adequate filter that transit channels.
curiae shall be filed no later than 10 ensures that amicus briefs are helpful to In order to both achieve and maintain
days after the petitioner’s brief in the Court. While party consent is not a military readiness, the Navy proposes
support of the petition has been filed guarantee that the brief will be accepted, to:
with the Court. Motions for leave to file lack of consent is not a guarantee that • Conduct training and testing
an amicus curiae brief under Rule it will be rejected. Rather, the Court activities at levels required to support
26(a)(3) must be filed within the time oversees all filings to be sure that Navy military readiness requirements
allowed for the filing of the brief and amicus participation is warranted. beginning in 2018 into the reasonably
contemporaneously with the amicus Paragraph (b) also includes a foreseeable future; and
curiae brief itself. Requests for requirement that only members of the • Accommodate evolving mission
extensions of time to file an amicus Court’s Bar or attorneys appearing pro requirements associated with force
curiae brief will not be granted. A party hac vice may file motions for leave to structure changes, including those
may file a motion under Rule 30 for file amicus curiae briefs. resulting from the development, testing,
leave to reply to the brief of an amicus Paragraph (c) proposes a new rule to and ultimate introduction of new
curiae. clarify that motions to file amicus curiae platforms (vessels, aircraft, and weapon
(e) Neither the hearing nor the systems) into the fleet; thereby ensuring
briefs can be filed in support of
disposition of a case will be delayed critical Navy requirements are met.
petitions for grant of review, petitions
pending action on a motion for leave to As part of this process the Navy will
for extraordinary relief, writ-appeal
file an amicus curiae brief or a motion seek to obtain authorization and
petitions, petitions for new trial, and
of an amicus curiae to participate in a permitting, as required under the
answers to such pleadings.
hearing, or to await the filing of a brief Marine Mammal Protection Act and
of an amicus curiae under this rule. [FR Doc. 2015–28598 Filed 11–10–15; 8:45 am]
Endangered Species Act, respectively.
(f) Except by the Court’s permission, BILLING CODE 5001–06–P
The Navy invites comments on the
a brief of an amicus curiae may be no scope and content of the EIS/OEIS from
more than one-half the maximum length all interested parties. Comments may be
authorized by Rule 24 for a brief for an DEPARTMENT OF DEFENSE
provided by mail and through the EIS/
appellant/petitioner. If the Court grants OEIS Web site at: http://
a party permission to file a longer brief, Department of the Navy
www.AFTTEIS.com. Mailed comments
that extension does not affect the length Notice of Intent To Prepare an must be postmarked no later than
of an amicus brief. Environmental Impact Statement/ January 16, 2016 and mailed to the
(g) A member of the Bar of the Court
Overseas Environmental Impact address below to ensure they are
who represents an amicus curiae and is
Statement for Navy Atlantic Fleet considered.
authorized to file a brief under
Training and Testing FOR FURTHER INFORMATION CONTACT:
paragraph (a) of this rule may file a
motion for leave to have a law student AGENCY: Department of the Navy, DoD. Lesley Dobbins-Noble, Naval Facilities
enter an appearance on behalf of the ACTION: Notice.
Engineering Command, Code EV22LDN
amicus curiae. To be eligible to (AFTT EIS/OEIS Project Manager), 6506
participate under this rule, a law SUMMARY: Pursuant to section 102(2)(c) Hampton Boulevard, Norfolk, Virginia
student must be acting under the of the National Environmental Policy 23508–1278. 703–322–4625.
mstockstill on DSK4VPTVN1PROD with NOTICES
attorney’s supervision and the attorney Act (NEPA) of 1969, as implemented by SUPPLEMENTARY INFORMATION: The
and the law student must substantially the Council on Environmental Quality Navy’s lead action proponent is
comply with the requirements of Rule Regulations (40 Code of Federal Commander, U.S. Fleet Forces
13A(b)(1)–(5) and (c)(1)–(11). Argument Regulations [CFR] Parts 1500–1508), Command. Additional action
by a law student granted permission to and Executive Order (EO) 12114, the proponents include Naval Sea Systems
appear on behalf of an amicus curiae Department of the Navy (Navy) Command (NAVSEA), Naval Air
may be requested by motion filed under announces its intent to prepare an Systems Command (NAVAIR), and the
Rule 30. Environmental Impact Statement (EIS)/ Office of Naval Research (ONR). The
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![69952 Federal Register / Vol. 80, No. 218 / Thursday, November 12, 2015 / Notices
Proposed Action is to conduct military activities beginning in 2018 as necessary consist of training activities and
readiness activities in the AFTT Study to meet future readiness requirements. research, development, testing, and
Area. These training and testing Resource areas that will be addressed evaluation (hereinafter referred to as
activities are generally consistent with include, but are not limited to: ‘‘testing’’) activities in the Hawaii-
those analyzed in the AFTT EIS/OEIS Biological resources (including marine Southern California Training and
completed in August 2013 and are mammals and threatened and Testing (HSTT) Study Area. The Study
representative of training and testing endangered species), sediments and Area consists of the in-water areas of the
that the Navy has been conducting in water quality, air quality, noise, cultural Southern California (SOCAL) Range
the AFTT Study Area for decades. resources, socioeconomic resources, and Complex (including San Diego Bay); in-
The following range complexes fall public health and safety. water areas of Silver Strand Training
within the AFTT Study Area: Northeast The scoping process will be used to Complex (SSTC); the Hawaii Range
Range Complexes, Virginia Capes Range identify community concerns and local Complex (HRC); areas on the high seas
Complex, Navy Cherry Point Range issues to be addressed in the EIS/OEIS. where training and sonar testing and
Complex, Jacksonville Range Complex, Federal agencies, state agencies, local maintenance may occur during vessel
Key West Range Complex, and Gulf of agencies, Native American Indian Tribes transit between the Hawaii and
Mexico Range Complex. The testing and Nations, the public, and interested Southern California Range Complexes;
ranges in the AFTT Study Area include: persons are encouraged to identify the Temporary Operating Area north
Naval Undersea Warfare Center Division specific issues or topics of and west of the Hawaii Range Complex;
Newport, Newport, Rhode Island; Naval environmental concern that the Navy and specific Navy pierside, port, and
Surface Warfare Center (NSWC) Panama should consider. Written comments harbor locations.
City Division, Panama City, Florida; and must be postmarked no later than In order to achieve and maintain
NSWC Carderock Division South January 12, 2016 to ensure they are military readiness, the Navy proposes
Florida Ocean Measurement Facility, considered in the development of the to:
Dania, Florida. While most Navy EIS/OEIS and mailed to: Naval Facilities • Conduct training and testing
military readiness activities take place Engineering Command, Atlantic, Code: activities at levels required to support
in operating and warning areas in the EV22LDN (AFTT EIS/OEIS Project Navy military readiness requirements
AFTT Study Area, some activities, such Manager), 6506 Hampton Boulevard, beginning in December 2018 into the
Norfolk, Virginia, 23508–1278. reasonably foreseeable future; and
as sonar maintenance and gunnery
Comments also can be submitted • Accommodate evolving mission
exercises, are conducted concurrent
electronically by January 12, 2016 via requirements associated with force
with normal transits and occur outside structure changes, including those
of these areas, but still within the Study the project Web site at http://
www.AFTTEIS.com. resulting from the development, testing,
Area. The pierside testing locations and and ultimate introduction of new
associated port transit channels are Dated: November 5, 2015. platforms (vessels, aircraft, and weapon
located at the following Navy ports and N.A. Hagerty-Ford, systems) into the fleet; thereby ensuring
naval shipyards: Portsmouth Naval Commander, Judge Advocate General's Corps, critical Navy requirements are met.
Shipyard, Kittery, Maine; Naval U.S. Navy, Administrative Law Division, As part of this process the Navy will
Submarine Base New London, Groton, Federal Register Liaison Officer. seek to obtain authorization and
Connecticut; Naval Station Norfolk, [FR Doc. 2015–28750 Filed 11–10–15; 8:45 am] permitting, as required under the
Norfolk, Virginia; Joint Expeditionary BILLING CODE 3810–FF–P Marine Mammal Protection Act and
Base Little Creek-Fort Story, Virginia Endangered Species Act, respectively.
Beach, Virginia; Naval Submarine Base The Navy invites comments on the
Kings Bay, Kings Bay, Georgia; Naval DEPARTMENT OF DEFENSE scope and content of the EIS/OEIS from
Station Mayport, Jacksonville, Florida; all interested parties. Comments may be
Norfolk Naval Shipyard, Portsmouth, Department of the Navy provided by mail and through the EIS/
Virginia; and Port Canaveral, Cape OEIS Web site at: http://
Canaveral, Florida. Additional AFTT Notice of Intent To Prepare an www.hstteis.com. Mailed comments
Study Area pierside testing locations Environmental Impact Statement/ must be postmarked no later than
and associated port transit channels are Overseas Environmental Impact January 16, 2016 and mailed to the
located in Bath, Maine; Groton, Statement for Hawaii-Southern address below to ensure they are
Connecticut; Newport News, Virginia; California Training and Testing and considered.
and Pascagoula, Mississippi. Notice of Public Scoping Meetings In addition, the Navy will conduct
Pursuant to 40 CFR 1501.6, the Navy AGENCY: Department of the Navy, DoD. public scoping meetings to obtain
will invite the National Marine ACTION: Notice.
comments on the scope of the EIS/OEIS
Fisheries Service to be a cooperating and to identify specific environmental
agency in preparation of the EIS/OEIS. SUMMARY: Pursuant to section 102(2)(c) concerns or topics for consideration in
The purpose of the Proposed Action of the National Environmental Policy the document.
is to maintain a ready force, which is Act (NEPA) of 1969, as implemented by DATES: Dates and Addresses: Three
needed to ensure that the Navy can meet the Council on Environmental Quality public scoping meetings will be held on:
its mission to maintain, train, and equip Regulations (40 Code of Federal 1. Tuesday, December 1, 2015, 5:00–
combat-ready naval forces capable of Regulations [CFR] parts 1500–1508), 8:00 p.m., Marina Village Conference
mstockstill on DSK4VPTVN1PROD with NOTICES
winning wars, deterring aggression, and and Executive Order (EO) 12114, the Center Starboard Room, 1936 Quivira
maintaining freedom of the seas, as Department of the Navy (Navy) Way, San Diego, CA 92109
consistent with Congressional direction announces its intent to prepare an 2. Thursday, December 3, 2015, 5:00–
Section 5062, of Title 10 U.S. Code. Environmental Impact Statement (EIS)/ 8:00 p.m., Island School Main Hall, 3–
The AFTT Phase III EIS/OEIS will Overseas EIS (OEIS) to evaluate the 1901 Kaumuali’i Highway Lihue,
consider a No Action Alternative and potential environmental effects Kauai, HI 96766
action alternatives that account for types associated with continuing to conduct 3. Saturday, December 5, 2015, 11:00–
and tempo of training and testing military readiness activities, which 2:00 p.m., Ke’ehi Lagoon Memorial,
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Document Created: 2015-12-14 14:53:37
Document Modified: 2015-12-14 14:53:37
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Action | Notice. | |
| 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. | |
| FR Citation | 80 FR 69951 |
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