[Federal Register Volume 63, Number 31 (Tuesday, February 17, 1998)]
[Notices]
[Pages 7764-7771]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-3903]


-----------------------------------------------------------------------

DEPARTMENT OF DEFENSE

Department of the Navy


Record of Decision for the Installation and Operation of a 
Relocatable Over the Horizon Radar (ROTHR) System in Puerto Rico

AGENCY: Department of the Navy, DoD.

ACTION: Notice of record of decision.

-----------------------------------------------------------------------

[[Page 7765]]

SUMMARY: The Department of the Navy announces its decision to install 
and operate a ROTHR System in Puerto Rico.

FOR FURTHER INFORMATION CONTACT: Ms. Linda Blount, Atlantic Division 
Naval Facilities Engineering Command (Code 2032LB), 1510 Gilbert 
Street, Norfolk, VA 23511-2699, telephone (757) 322-4892.

SUPPLEMENTARY INFORMATION: The text of the entire Record of Decision is 
provided as follows:
    The Department of the Navy (Navy), pursuant to Section 102 (2) (c) 
of the National Environmental Policy Act of 1969 (NEPA), 42 U.S.C. 
Sec. 4321 et seq., and the regulations of the Council on Environmental 
Quality (CEQ) that implement NEPA procedures, 40 CFR Parts 1500-1508, 
hereby announces its decision to install and operate a ROTHR System in 
Puerto Rico.
    The ROTHR system is a high frequency radar that provides over-the-
horizon detection and tracking of aircraft over a wide geographic area. 
Each complete ROTHR system is composed of three major subsystems: the 
transmitter, receiver, and operation control center (OCC). The 
transmitter will be installed at a site on the southwestern coast of 
Vieques, Puerto Rico, north of the Laguna Playa Grande. The receiver 
will be installed at a site on Fort Allen in Juana Diaz, Puerto Rico. 
Both sites are on existing Department of Defense property. The OCC 
functions will be accomplished at an existing facility in Chesapeake, 
Virginia.

Background

    In accordance with the President's National Drug Control Strategy 
and in consonance with Presidential Decision Directive 14, the purpose 
and need of the project is the early detection and monitoring of 
illegal international drug activity by providing air surveillance of 
the South American source countries of Peru, Bolivia, and Colombia. The 
existing ROTHR systems in Virginia and Texas provide incomplete 
coverage of the source countries, resulting in gaps that are exploited 
by drug traffickers. Implementation of the ROTHR system in Puerto Rico 
will complement the two existing ROTHR systems, and, with existing 
surveillance strategies, will provide virtually complete coverage of 
this area. Early detection and tracking will improve reaction time for 
counter-narcotic forces.

Process:

    In accordance with NEPA, a Notice of Intent (NOI) to Prepare an 
Environmental Impact Statement (EIS) for Construction and Operation of 
a ROTHR, Puerto Rico was published in the Federal Register on May 25, 
1994. That notice described briefly the proposed action, requirements 
for a transmitter site and a receiver site, and alternative site 
locations identified for the transmitter on Vieques (Playa Grande, Camp 
Garcia Airfield, and Camp Garcia East) and for the receiver in 
southwest Puerto Rico (Lajas A and Lajas B). Public scoping meetings 
were announced in English and Spanish in local newspapers and in direct 
mailouts. Following these notifications, two scoping meetings were held 
as follows:
     June 9, 1994 from 7:30 pm to 9:30 pm at the Community 
Center in La Parguera, Lajas, PR; and
     June 11, 1994 from 10:30 am to 1:00 pm at the Municipal 
Assembly Hall in Vieques, PR.
    A total of ten individuals provided comments at the scoping 
meetings and three letters were received.
    On July 18, 1995, the Draft Environmental Impact Statement (DEIS) 
for the ROTHR project was issued, and on July 24, 1995 a Notice of 
Availability was published in the Federal Register. The document was 
prepared in two versions, English and Spanish, and distributed to 118 
parties including government agencies, groups, and individuals. Four 
public hearings were held to receive comments on the DEIS, with Hector 
Russe Martinez, Esq., President of the Puerto Rico Environmental 
Quality Board (EQB), serving as Hearing Officer:
     November 27, 1995 hearing at the Multiple Services Center, 
Vieques, PR.
     November 29, 1995 at the Municipal Theater, Lajas.
     December 6, 1995 at the Municipal Theater, Lajas, PR.
     December 16, 1995 at the Municipal Theater, Lajas, PR.
    The public comment period was open for the receipt of comments 
until December 31, 1995. During the public hearings, thirty-eight 
people spoke. Thirty-four letters from agencies, organizations, and 
individual concerned citizens were received by the Navy pertaining to 
the ROTHR project.
    Concerns expressed during the public review of the DEIS prompted 
the Navy to re-evaluate potential receiver sites. A new preferred site 
at Fort Allen in Juana Diaz, Puerto Rico was identified, and on 
February 7, 1997, a Supplemental Draft Environmental Impact Statement 
(SDEIS) was filed with the Environmental Protection Agency (EPA) and a 
Notice of Availability was published in the Federal Register on 
February 14, 1997. The document was prepared in two versions, English 
and Spanish, and distributed to over 200 government agencies, groups, 
and individuals.
    A public hearing was held on March 15, 1997 in Juana Diaz, with 
Hector Russe Martinez, Esq., President of the Puerto Rico EQB, serving 
as Hearing Officer. During the public hearing forty people spoke. The 
public comment period was open for the receipt of comments until March 
31, 1997. Forty-nine letters from agencies, organizations, and 
individual concerned citizens were received by the Navy pertaining to 
the ROTHR project.
    Issues raised at the public hearings and submitted in writing were 
addressed in a Final EIS (FEIS). The FEIS was filed with EPA on 
September 19, 1997 and a Notice of Availability was published in the 
Federal Register on September 26, 1997. The document was prepared in 
two versions, English and Spanish, and distributed to over 200 
government agencies, groups, and individuals. The public comment period 
was open for the receipt of new comments until October 27, 1997. A 
total of eight written comments were received on the FEIS.

Alternatives

    NEPA requires the Navy to evaluate a reasonable range of 
alternatives. Determining an optimum location for the installation of 
the ROTHR involved several factors including adequate coverage of the 
intended surveillance area, potential locations for sites which would 
meet the siting criteria, and suitable existing infrastructure.
    Puerto Rico presents the best possible siting alternative and meets 
all the significant criteria for coverage: look angle; target area 
coverage; suitable terrain; sufficient land area; infrastructure; 
supportability; cost; and constructability. Additionally, Puerto Rico 
shares with the U.S. mainland an urgent need to combat drug 
trafficking. A federal/local interagency task force on the island is 
actively cooperating in this task. The location of the third leg of the 
system in Puerto Rico (in conjunction with the Texas and Virginia 
systems) will provide mutual benefits to Puerto Rico and the mainland 
U.S. that are in keeping with their common interest.
    During the NEPA process, the Navy analyzed the environmental 
impacts of siting the ROTHR system in different locations in Puerto 
Rico, including the island of Vieques. A preliminary assessment of 
potential locations for the transmitter and receiver subsystems was 
performed between May and November 1993 (Raytheon, October 1993). The 
following criteria must be met for the

[[Page 7766]]

ROTHR system to accomplish its mission:
     The transmitter and receiver sites must be separated by 50 
to 100 miles (mi) (80 to 160 kilometers [km]) to permit bistatic 
operation;
     The sites must be generally level, for operational 
purposes of the antenna array; and
     The area to the south of the antennas must be clear of 
large or tall obstructions.
    Five potential transmitter sites were identified during the 
preliminary assessment: four sites on Vieques Island and one site on 
Puerto Rico. Three of the five sites were determined to be feasible: 
Playa Grande (the selected site); Camp Garcia Airfield; and Camp Garcia 
East. All three feasible transmitter sites are located on Navy-owned 
property along the southern coast of Vieques Island.
    The Playa Grande Site is located on the southwestern coast, north 
of the Laguna Playa Grande Conservation Zone. It is within the Naval 
Ammunition Storage Detachment (NASD). The vegetation on the site 
includes a mahogany plantation planted with saplings in 1991 and thorn/
scrub lowland forest, mixed with dense grassland.
    The Camp Garcia Airfield site is located just west of the existing 
Camp Garcia Headquarters and Repair Compound and is intermittently used 
as a drop zone during training exercises. The graded area is now a 
mixed thorn/scrub habitat with grassland, dominated by opportunistic 
and pioneer species.
    The Camp Garcia East site is located immediately east of the 
existing Headquarters and Repair Compound at Camp Garcia and is 
surrounded by a fuel storage area, a sewage lagoon, equipment and 
machinery repair facilities, and a helicopter pad. This site is 
currently densely vegetated with thorn/scrub vegetation and mixed 
scrub.
    Based on operational criteria, the Playa Grande Site has been 
selected because it avoids conflicts with Camp Garcia training 
exercises. Training exercises at Camp Garcia would not interfere with 
ROTHR operations at the Playa Grande Site, but would have resulted in 
periodic shutdowns of ROTHR operations at either of the two Camp Garcia 
Sites.
    Seven potential receiver sites on Puerto Rico were initially 
evaluated. Based on operational, environmental, and cost criteria, 
three receiver sites (Lajas Site A, Lajas Site B, and Fort Allen) were 
identified as feasible alternatives. Although the Fort Allen Site was 
not initially identified as a feasible site, the development of an 
effective shortened receiver array has allowed it to be selected for 
the receiver site.
    The Fort Allen Site is part of a 941 acre (381 hectare) facility 
located on the southern coast of Puerto Rico approximately 10 mi (16 
km) east of Ponce within Juana Diaz. It is operated as a Puerto Rico 
Army National Guard (PRARNG) facility. Secondary successional 
vegetation dominates the receiver site. Use of this site for the 
receiver facility has been coordinated among the Navy, the PRARNG, and 
the US Army National Guard Bureau to ensure that there will be no 
incompatible uses at Fort Allen.
    The use of a shorter receiver array at Fort Allen allows 
construction to remain entirely within the boundaries of existing 
federal property. Although the shorter receiver array will result in 
some minor loss of performance of the system, it will still be capable 
of performing its assigned mission. The ability to place the receiver 
entirely on government property is an important consideration. The Fort 
Allen Site would therefore, impact no private property, and would 
impact less wetland area than the two Lajas sites.
    The no action alternative was also considered. Under the no action 
alternative the ROTHR system would not be constructed in Puerto Rico. 
While the construction and operational impacts associated with the 
ROTHR would be avoided, this option would preclude development of radar 
coverage beyond the range of the existing radar systems in Virginia and 
Texas. Without the Puerto Rico system, early warning of suspicious 
flights departing South America would not occur, thereby decreasing the 
opportunity for federal and commonwealth agencies to intercept and 
apprehend illegal air drug traffickers.

Environmental Impacts

    The Navy analyzed the potential impacts of the transmitter and 
receiver alternatives for their effects on land use; socioeconomics; 
community facilities and services; transportation; air quality and 
noise; electromagnetic emissions; infrastructure; culture resources; 
biological resources; water resources; topography, geology, and soils; 
hazardous substances; and cumulative impacts. This Record of Decision 
focuses on the major impacts that will likely result from implementing 
the preferred alternative of installing and operating the transmitter 
at Playa Grande, Vieques, Puerto Rico and the receiver at Fort Allen, 
Juana Diaz, Puerto Rico.
    Installation of a transmitter at the Playa Grande Site will be 
compatible with the mission of U.S. Naval Station, Roosevelt Roads and 
with the Navy's Memorandum of Understanding Regarding the Island Of 
Vieques (1983). About 22 acres (9 hectares) of an existing mahogany 
plantation consisting of about 1,650 trees will be cleared during 
construction of the transmitter facilities. The site will be compatible 
with existing land uses, will be located north of the environmental 
conservation zone, and will be away from public view. The towers and 
wires will be backdropped by hills and mountains, and, therefore, will 
not be readily seen from the sea.
    Fort Allen is federally owned and operated as a Puerto Rico Army 
National Guard training facility. Installation of a receiver site at 
Fort Allen will be compatible with the facility's mission to provide 
training for the National Guard. The site will be away from public view 
because the receiver towers will project a maximum of 19 ft (6 m) above 
the ground surface, and are not expected to be visible beyond the 
immediate area.
    While portions of the Fort Allen site are classified as prime 
farmland if irrigated, the construction site is within an existing 
military facility, and is not in agricultural use. Additionally, there 
is no existing irrigation. Constructing the receiver at the Fort Allen 
Site does not violate the objectives of the Federal Farmland Protection 
Act.
    Temporary economic impacts on the area will result from the 
construction activities. Construction of the facility will be timed so 
that the facility can become operational in 1999. The estimated cost 
for site preparation and construction at the ROTHR transmitter site is 
approximately $5.5 million. The estimated cost for site preparation and 
construction at the receiver facility is approximately $4.5 million. It 
is expected that local construction workers will be employed by 
construction contractors. Some workers may reside in temporary housing 
during the construction period. They are not expected to remain in the 
area once construction is completed. Once operational, the facility 
will employ a total of 20 full-time persons at each site, who will, to 
the maximum extent practicable, be from the existing Puerto Rico labor 
force.
    Air quality and noise impacts for the transmitter and receiver 
sites will be similar. There will be temporary minor increases in 
vehicle exhaust emissions (from construction-related vehicle combustion 
engines) and of direct emissions (from earth movement and

[[Page 7767]]

travel on unpaved roads) during construction of the transmitter and 
receiver facilities. These impacts will occur only during the 
construction process (short-term) and will not significantly degrade 
air quality in the area over the long term. No backup generators will 
be placed at the transmitter or receiver sites. There will be a 
permanent minor increase in motor vehicle emissions at the transmitter 
and receiver sites as a result of daily vehicular traffic of facility 
employees and dust from travel on unpaved roads. These emissions will 
be minor, however, as only a total of 20 people each will be working at 
the transmitter and receiver sites.
    With respect to noise impacts, construction activity will result in 
temporary increases in noise levels at the transmitter and receiver 
sites and along adjacent roads. Vehicle and heavy equipment traffic 
will be the primary noise sources. Blasting is required at the 
transmitter site to remove approximately 2,000 cubic yards (cu yd) 
(1,529 cubic meters [cu m]) of rock. Noise levels will be within noise 
standards presented in the Puerto Rico Regulation of the Environmental 
Quality Board for the Control of Noise Pollution, Amended Version, 
dated February 25, 1987, pursuant to Law Number 9, of June 18, 1970. 
Once construction is completed, operation of the system will result in 
imperceptible increases in noise levels.
    In performing its function, the transmitter system will emit Radio 
Frequency (RF) fields. The RF fields occur via directional Frequency 
Modulation Continuous Wave (FM/CW) High Frequency (HF) transmissions at 
assigned frequencies between 5 and 28 megahertz (MHZ, million cycles 
per second). Concerns dealing with biological hazards from exposure to 
ionizing radiation do not apply to the ROTHR transmitter system. 
Biological effects associated with the ROTHR transmitter will be in 
response to thermalizing absorption of RF fields, which are a portion 
of the non-ionizing electromagnetic spectrum.
    Questions about possible ``nonthermal'' effects of RF fields have 
been examined by the World Health Organization (WHO) at an 
international seminar held in November 1996 on the biological effects 
of low-level radio frequency fields. Their report concluded that 
``while hazards from exposure to high-level (thermal) RF fields were 
established, no known health hazards were associated with exposure to 
RF sources emitting fields too low to cause a significant temperature 
rise in tissue.''
    The Department of Defense (DoD) criteria for protection of 
personnel from exposure to RF fields are set out in DoD instruction 
6055.11. These criteria are based upon consensus derived voluntary 
standards developed by the Institute of Electrical and Electronics 
Engineers (IEEE), which is a Non-Governmental Standards Organization 
(NGSO). This standard was approved and adopted by the American National 
Standards Institute (ANSI). The RF field emitted by the ROTHR 
transmitter will not expose the public to levels greater than those 
given in the ANSI/IEEE (1992) standards, and will not cause any 
detrimental health effects. Because RF fields in the immediate area of 
the transmitter may be higher than permissible exposure limits, public 
access will not be allowed. A personnel exclusion fence will be 
constructed at the transmitter antenna site to limit access and control 
exposures. This fence will be posted with standard warning signs in 
both English and Spanish. The personnel exclusion fence will be located 
so that RF fields at ground level outside the exclusion fence will meet 
DoD and ANSI/IEEE standards for uncontrolled environments.
    At the receiver facility, only the calibration antenna will produce 
RF fields and only when the receiver equipment is being tested (about 
two hours each week). The signals from the calibration antenna will 
have a field power level adjacent to the antenna 1/1,000 of the power 
level of a portable phone and 1/500 of the power level of a television.
    The receiver facility is sensitive to electromagnetic interference 
(EMI) from sources in the vicinity of the receiver site. While no 
buffer area extending beyond the boundary of Fort Allen will be 
required, the Navy will coordinate with the PRARNG and US Army National 
Guard to ensure proposed activities in the vicinity of the receiver 
will not create interference.
    The power required to operate the transmitter site is not expected 
to adversely impact the power supply of the island of Vieques. 
According to the Puerto Rico Electric Power Authority (PREPA), there is 
suitable capacity to meet this requirement. At the Playa Grande Site, 
electrical power will be supplied by a new line constructed within a 25 
ft (8 m) right-of-way adjacent to Route 201, impacting about 7.4 acres 
(3 hectares) of thorn/scrub vegetation. Electrical power is currently 
available at the Fort Allen Site. The power required to operate the 
receiver site (500 kVA) is not expected to adversely impact the power 
supply of the island of Puerto Rico or the local area.
    At the transmitter site during construction and operation of the 
facility, potable water needs will be met with bottled water. A non-
potable well will be installed for sanitary use, cleaning, and showers. 
Impacts to local groundwater resources will be minimized by the proper 
construction, operation, and maintenance of the groundwater well 
system. The receiver facility at Fort Allen will use the existing 
adequate water supply system.
    Sanitary sewer facilities are not currently available at the 
transmitter site. A ``mound'' type subsurface soil absorption and 
septic tank system will be installed. Sanitary sewer services at Fort 
Allen are supplied by the on-site wastewater treatment plant.
    The wastes generated by the action are not expected to impact local 
solid waste disposal resources. The Vieques landfill in the Bastimento 
Ward is 10 acres (4 hectares) in size with an active life estimated at 
17 to 20 years. Construction debris and rubble will be transported to 
this solid waste landfill. Minimal construction debris and rubble from 
the Fort Allen site will be transported by the construction contractor 
to a local solid waste landfill that has sufficient capacity.
    An intensive archaeological survey was conducted in July 1996 at 
the Playa Grande site and no significant archaeological sites were 
located. An intensive archaeological survey was also conducted on 180 
acres (73 hectares) at Fort Allen in July 1996. No significant 
archaeological sites were located. A preliminary disturbance study 
indicated that the majority of the area retained a low potential for 
intact cultural resources, due to landscape modification. Some isolated 
areas of moderate potential were located in the extreme western and 
southeastern portions of the testing area. These areas appeared to have 
been less affected by modern disturbances, but contained no pre-modern 
materials, features, or deposits. The Puerto Rico Historic Preservation 
Office has concurred with the Navy's finding that the installation and 
operation of the ROTHR will have no effect on historic resources.
    No significant impacts to biological resources will occur at the 
transmitter site. Biological impacts to the Playa Grande Site will be 
the result of clearing vegetation and grading up to approximately 80 
acres (32 hectares). The site occupies part of a mahogany plantation, a 
grass/low growing herbaceous community, and a lowland forest. The 
mahogany plantation was planted in 1991 from nursery stock.

[[Page 7768]]

These trees are still saplings and are not currently economically 
viable for wood product. Construction of the transmitter facility will 
require the clearing of approximately 22 acres (9 hectares) of the 
mahogany plantation (about 1,650 trees). As mitigation, mahogany 
saplings will be planted between and adjacent to the trees which will 
not be disturbed by the construction. The restriction area will be 
cleared of vegetation and graded above the 16 ft (5 m) contour and the 
Laguna Playa Grande Conservation Zone boundary. No construction will 
occur within the conservation zone. Additionally soil erosion control 
measures will ensure no indirect impacts occur to the conservation 
zone.
    No significant impacts to biological resources will occur at the 
receiver site. A large majority of the Fort Allen Site is densely 
vegetated with thorn/scrub community. The 117 acre (47 hectare) site 
consists of approximately 110 acres (45 hectares) of secondary 
successional growth, approximately 4 acres (2 hectares) of secondary 
successional growth/grassland mix, and approximately 3 acres (1 
hectare) of grassland which will be cleared.
    The Navy's analysis in the FEIS indicated 0.95 acres (0.4 hectares) 
of wetlands would be impacted as a result of the construction of the 
receiver facility. Subsequent to issuance of the FEIS, the boundaries 
of the wetlands area were further defined, and design revisions were 
made. Consequently, the amount of wetlands which will be displaced is 
now estimated at less than 0.25 acres (0.12 hectares) of which only 
0.08 acres (0.03 hectares) will be permanent wetlands loss. There is no 
practicable alternative to these wetlands impacts. The proposed action 
includes all practicable measures to minimize impacts to wetlands.
    No threatened or endangered species will be impacted by 
construction or operation of the ROTHR in Puerto Rico.
    Construction of the transmitter site will require leveling the 
ground surface supporting the transmitter antennas. In order to meet 
specific criteria for the designed system, approximately 10 acres (4 
hectares) of the transmitter site must be permanently leveled. An 
additional 70 acres (28 hectares) will be smoothed, and sloped with the 
natural terrain toward the lagoon. This grading will result in a 
permanent change to topography in the area of the transmitter site. To 
meet specific criteria for the designed receiver system at the Fort 
Allen site, approximately 117 acres (47 hectares) will be permanently 
leveled and the soil will be redistributed. Best management practices, 
controls, and procedures will be utilized at the construction sites to 
reduce the potential for stormwater runoff.
    Based on available information and limited field surveys, there is 
no evidence of hazardous waste contamination at the transmitter site. 
Based on environmental site investigations performed by the U.S. Army 
over the past three years, 3 potential areas of concern (AOCs) were 
found to be within the receiver site boundary. Additional site 
inspections and a geophysical survey performed by the U.S. Navy during 
the fall of 1996 revealed several suspect features at two of the AOCs. 
However, based on results of a human health risk evaluation, the site 
was determined to be a suitable location for the ROTHR receiver array.
    The Puerto Rico Planning Board has concurred that the ROTHR project 
is consistent with the Puerto Rican Coastal Zone Management Plan.
    The potential effects of the proposed construction of the ROTHR 
system have been evaluated in accordance with the requirements of 
Executive Order 12898, Environmental Justice. The direct and indirect 
effects of the proposed ROTHR system are not expected to significantly 
affect human health or the environment. The proposed action will not 
cause adverse environmental or economic impacts to the general 
population or, specifically, to any groups or individuals from minority 
or low-income populations. No residences will be directly impacted. In 
addition, publication of the newspaper notice announcing the 
availability of the environmental impact statement allowed the total 
public (including minority and low-income individuals and populations) 
the opportunity to comment on the proposed action. The EIS and all 
notices were published in both English and Spanish to maximize public 
awareness of the proposal.
    The existing ROTHR systems in Virginia and Texas provide incomplete 
coverage of the South American source countries, Peru, Bolivia, and 
Colombia, resulting in gaps that are exploited by drug traffickers. 
Implementation of the ROTHR system in Puerto Rico, which will 
complement the two existing ROTHR systems, will provide virtually 
complete coverage of this area. The action can, therefore, be regarded 
as having a cumulatively positive effect, since the project will be an 
essential component in the curtailment of drug trafficking, which is a 
top priority of the U.S. Government and the Commonwealth of Puerto 
Rico.
    No significant cumulative impacts to human health, land use, 
socioeconomic, community facilities and services, transportation, 
infrastructure, air quality, noise, and natural or cultural resources 
are anticipated.

Mitigation

    To prevent potential adverse effects to human health at the 
transmitter site, a fence will surround the antennas and groundscreen 
area. The fence, demarking a ``Personnel Exclusion Area,'' will be 
conspicuously marked with warning signs in both Spanish and English. 
The fence will be located at a safe distance from the transmitter 
antennas so that no harmful effects could occur to humans. The safe 
distance for setting the fence will be determined by measurement of the 
RF fields and reference to the maximal permissible exposure levels as 
defined in DoD instruction 6055.11 and ANSI/IEEE standards (1992). 
Measurements of electromagnetic fields and currents will be conducted 
by qualified engineers. In the unlikely event that the initial 
measurements indicate that the ANSI/IEEE standards are not being met, 
the Navy will adjust the fence location, as needed. If measurements 
taken at the southernmost position of the proposed fence exceed the 
standards, then the Navy will reduce power levels to achieve 
compliance. The Navy will reduce the power versus move the fence 
because of a Navy commitment to avoid any construction in the 
conservation zone, which lies to the south of the site. In the event 
the Navy must reduce the power level, the ROTHR will still be able to 
effectively accomplish its mission. The Navy will also work with the 
Puerto Rico EQB to ensure a suitable third party takes part in the 
initial system testing.
    RF fields also generate potential hazards to Electro-Explosive 
Devices (EED) or Cartridge Actuated Devices (CAD) found in aircraft. An 
exclusion zone will extend to 700 ft (213 m) above ground level. This 
airspace should be avoided by all untested aircraft equipped with EED-
or CAD-actuated systems that are exposed. The existence of this EED 
zone will be published as a Notice to Airmen (NOTAM) on aeronautical 
charts and contained in flight information publications handled by the 
FAA.
    Some modern aircraft controls and navigation systems are comprised 
of electronic devices. The potential exists for induced currents from 
electromagnetic fields to cause these devices to malfunction or produce 
erroneous data. Transmitter electromagnetic emissions will not 
interfere with Instrument Landing Systems (ILS) or aircraft navigation 
and control systems that are beyond 700 ft (213 m) of the transmitter 
antennas. To

[[Page 7769]]

prevent the accidental disruption of aircraft controls and instruments 
in the airspace of the transmitter site, a NOTAM will be published 
through the FAA advising aircraft to stay clear of the affected 
airspace, so that safe separation distances will be maintained between 
all aircraft and the transmitter antennas (airspace restrictions for 
commercial EEDs, are actually larger than this area and therefore only 
one NOTAM will be published for the EED restricted airspace).
    The high frequency (HF) radio spectrum is utilized by numerous 
licensed users in the Fixed and Broadcast Service frequency bands. To 
prevent ROTHR transmissions from interfering with other users of the HF 
spectrum, ROTHR will be licensed to transmit on a ``not-to-interfere'' 
basis. The ROTHR system will not transmit in the licensed frequency 
bands of the Broadcast Services (emergency, amateur, commercial, etc.) 
in the region of the transmitter site. These frequencies will be 
permanently blocked out within the ROTHR control system. In the 
available frequency bands, ROTHR will avoid interference by continually 
monitoring the HF spectrum for unused frequencies. Transmissions will 
only occur at frequencies that have been monitored and determined to be 
clear of activity. If an interference does occur between ROTHR and 
another HF user, a formal complaint can be filed through the FCC to 
resolve further conflicts.
    The total wetlands impact of 0.25 acres will be offset by the 
construction of approximately 7618 linear feet of new ditch, 
approximately 4 feet deep and 6 feet wide. The area of ditch bottom 
(1.05 acres) will rapidly evolve to a state of equal wetland function-
and-value to the displaced wetland. Therefore, in accordance with the 
Navy No-Net-Loss-of-Wetlands-Policy, an effective ratio of 4:1 
compensatory mitigation will be achieved on site.
    Relative to potential for bird strikes at the transmitter, along 
the antenna support wires, 3 in (7.6 cm) diameter white ceramic 
insulators will be placed at approximately 15 foot (4.6 m) intervals to 
break up the cable sections, making them less conductive for 
electricity. These ceramic insulators will make the wires more visible 
to birds than unmarked electrical wires. The support wires extend from 
the structures to the ground in a vast network and are more visible 
than electrical wires which are generally parallel with the horizon, 
and, therefore, should reduce potential effects from bird strikes.
    The Laguna Playa Grande is located approximately 300 ft (91 m) 
south of the transmitter site. Laguna Playa Grande Conservation Zone is 
one of seven zones established by the Navy as a result of the 1983 MOU 
regarding the island of Vieques between the Navy and the Commonwealth 
of Puerto Rico. The cleared area outside the fenceline for construction 
of the transmitter facility will be located above the 16 ft (5 m) 
contour of the Laguna Playa Grande Conservation Zone boundary, and, 
therefore, the Conservation Zone will be avoided. In addition, best 
management practices for erosion control at the transmitter site will 
be implemented to avoid indirect impact. These will include the use of 
silt fences, diversion ditches, and sedimentation basins.
    To diminish light potentially reaching the beach, the Navy, where 
possible, will orient outside lights away from the beach. Additionally, 
the Navy will use low-pressure sodium vapor luminaries (LPS) which emit 
only yellow light, and which have been demonstrated to have minimal 
effect on sea turtle adults or the ability of hatchlings to find the 
sea. These two measures in concert will mitigate potential effects on 
sea turtles.
    About 22 acres (9 hectares) of the mahogany plantation will be 
impacted by construction of the transmitter facility at the Playa 
Grande Site. Planting of mahogany saplings in a suitable location will 
be conducted as mitigation. The mahogany trees will be planted between 
and adjacent to the trees which will not be disturbed by the 
construction. The replacement mahogany trees will be purchased under a 
guaranteed contract so that the supplier will be responsible for 
replacement of any trees that die.
    During construction of the transmitter facility on Vieques, 
including roadway relocation and parking lot construction, soils will 
be exposed to rain and wind. Best management practices for sediment and 
erosion control will be used at the transmitter site to ensure that a 
majority of the eroded sediments are prevented from entering the Laguna 
Playa Grande. Details of the project specific soil erosion control 
plans are included in the FEIS.
    The receiver site is in the 100-year floodplain. Design 
considerations to reduce obstructions to the water flow and to prevent 
damage to the receiver system are specified in the FEIS.
    Measures to minimize the impact of construction of the receiver 
array, related support facilities, and clear zones will be taken in 
areas where contaminants have been detected at Fort Allen. These 
measures are outlined below and will be included in the project health 
and safety plan, and soil erosion control plan.
     Surface and subsurface debris encountered during 
construction will be removed and disposed of in an appropriate manner. 
The debris, such as old tent canvases and bags of refuse, will be 
collected and disposed offsite in landfills. The Navy will perform any 
testing required prior to landfill disposal.
     Debris removal will be limited to the intrusive ground 
activities required for the construction of the ROTHR antenna array and 
will be supervised by an environmental engineer.
     Construction activities will be conducted in a way to 
minimize windborne dust. Appropriate health and safety measures will be 
implemented to protect workers from inhalation or ingestion of dust.
     Appropriate measures will be taken to minimize the 
potential for overland flow of runoff and associated sediment from the 
site (i.e., areas will not be flooded during construction, or if 
required temporary containment ponds will be built).
     The area will be revegetated as soon as feasible after 
construction to minimize soil erosion due to wind or precipitation. 
Native vegetation will be planted if the speed of natural revegetation 
processes allows excessive opportunities for soil erosion.

Comments Received on the FEIS

    A total of eight comment letters were received on the FEIS. Two 
letters merely reiterated comments previously submitted on the DEIS and 
SDEIS and identified no new issues. The Environmental Protection Agency 
(EPA) submitted a letter stating that EPA did not anticipate that the 
project will cause any significant adverse environmental impacts, 
provided that the Navy follows the identified mitigation measures. EPA 
expressed no concerns with the project as proposed.
    The U.S. Department of Interior (DOI) expressed continued concern 
over the potential for impacts to the Laguna Playa Grande and 
surrounding mangroves from increased sedimentation. They requested that 
best management practices for sediment and erosion control be 
incorporated into the project plans and specifications prior to request 
for bids. They also recommended that storm water management measures 
should be installed during and prior to completion of the construction 
process, with the purpose of reducing pollutants in storm water 
discharged after construction is completed. In addition to soil 
stabilization and structural practices, they recommended that a 
vegetated buffer be established adjacent to the

[[Page 7770]]

project boundary to further minimize runoff into the lagoon. As stated 
in the FEIS, the sedimentation and soil erosion control plan is the 
responsibility of the construction contractor, subject to Navy review 
and EQB approval. However, the Navy will encourage the contractor to 
use soil stabilization and structural practices, as appropriate. 
Additionally, the design includes erosion and sediment control 
measures, both during construction and as a permanent facility upon 
completion of the project. During construction, a series of silt dams 
will be provided to control the site runoff. A sediment basin will also 
be installed during the first phase of construction, before land 
clearing begins. All of the site drainage is directed toward this 
approximately 10 acre basin. The basin will remain in place after 
construction. A vegetated buffer was not included as part of the 
project since all site drainage will be directed toward the basin, and 
there will be no sheet flow into the lagoon. However, as previously 
stated, no clearing will occur below the 5 meter contour, therefore, 
existing vegetation adjacent to the lagoon will be maintained.
    DOI also recommended that soil erosion control measures be 
implemented at the Fort Allen receiver site in order to restrict 
sediments and other contaminants from entering the on site wetlands and 
adjacent water bodies. A sedimentation and soil erosion control plan 
for the Fort Allen receiver site will be prepared by the construction 
contractor. As with the Playa Grande transmitter site, the plan will be 
subject to Navy review and EQB approval.
    DOI also requested that the Navy consider using Swan Flight 
Diverters (spiral vibration dampers) or similar devices at the 
transmitter to minimize bird strikes, and requested an opportunity to 
review plans for their installation. The Navy will investigate the 
possibility of using these devices, and will coordinate with the U.S. 
Fish and Wildlife Service Caribbean Office. DOI also recommended that 
the Navy direct lights away from the beach and use low-pressure sodium 
vapor luminaries for all light sources that may affect sea turtles. As 
previously stated, the Navy will direct lights away from the beach, if 
possible, and will use low-pressure sodium vapor luminaries for all 
exterior lighting. DOI's additional comments on the mahogany forest 
mitigation were previously addressed in the FEIS.
    Four letters were received from private citizens and citizen 
groups, and focused on issues related to the Navy's compliance with 
Article 4(C) of the Puerto Rico Public Policy Act (Act No. 9) and the 
Navy's adherence to direction provided by the Puerto Rico Environmental 
Quality Board (EQB) based on its review of the Navy's NEPA 
documentation. Article 4(C) of Act No. 9 and implementing regulations 
establish the environmental review requirements that Commonwealth 
government entities must follow when proposing a project or granting 
necessary approvals before a project may proceed. The Commonwealth 
process is comparable to that required of Federal government entities 
under NEPA.
    The Navy voluntarily complied with Article 9 and solicited EQB 
review and comment on the project's NEPA documentation for two 
purposes. First, under NEPA, the Navy must solicit comments from 
appropriate State and local agencies that are authorized to develop and 
enforce environmental standards. Second, as recognized in the Navy's 
NEPA documentation, Commonwealth permits and other regulatory approvals 
will be required for the project. When issuing these permits and 
approvals, Commonwealth government entities must comply with Act No. 9 
requirements. EQB regulations allow a Commonwealth government entity to 
comply with Act No. 9 by ``adopting'' a Federal EIS prepared for a 
project. In an effort to ensure that the adoption process could be 
utilized, the Navy has coordinated with EQB from the early stages of 
the EIS development to guarantee that the procedural requirements of 
Act No. 9 were followed.
    EQB issued a resolution on September 16, 1997. The resolution 
offered EQB's comments on the project SDEIS and certified that the 
SDEIS complied with all requirements of Article 4(C) of Act No. 9. 
Motions for Reconsideration of this resolution were considered by the 
EQB, and on December 16, 1997 the Board determined that the Motions 
were ``without cause'' and reaffirmed its decision that the 
environmental document submitted by the Navy was in conformance with 
Article 4(C) of Act No. 9.
    The four letters received from private citizens and citizen groups 
expressed concerns that the Navy prematurely issued the FEIS prior to 
completion of the administrative appeals process under Act. No. 9. 
Under NEPA, the Navy may publish a notice of availability of an FEIS 
once it receives and analyzes comments on a draft document and 
addresses in the FEIS those comments that are relevant. The FEIS 
prepared by the Navy addressed comments made by the public and agencies 
during the public participation process. For Act No. 9 compliance, EQB 
regulations require that an FEIS for a proposed project be made 
available for public review and that notice of the availability be 
published. This notice may be published upon receipt of EQB comments on 
the environmental documentation.
    As noted above, the EQB resolution offering their comments was 
issued on September 16, 1997. Distribution of the FEIS to the public 
began on September 19, 1997; and the Notice of Availability of the FEIS 
was published in local newspapers on September 27, 1997. There is no 
Commonwealth statutory or regulatory requirement to delay issuance of 
the FEIS until completion of the administrative appeals process.
    Accordingly, with respect to publication of the notice of 
availability of the FEIS, the Navy has complied with both NEPA and Act 
No. 9 requirements.
    The letters also expressed concern that the Navy did not properly 
discuss the findings of EQB's consultant, Dr. Arthur Guy. The Navy did 
include in the FEIS a summary of Dr. Guy's recommendations (p. 10-77). 
Although Dr. Guy's calculations for Radio Frequency Radiation (RFR) 
levels exceed the ANSI/IEEE standards for some scenarios, he 
acknowledges in the report that the calculations are conservative and 
that the projections do not account for attenuation resulting from a 
variety of factors. Dr. Guy also acknowledges in the report that his 
theoretical analysis represents a worst case scenario. The Navy's 
analysis of anticipated field strength values indicates that the ANSI/
IEEE standards will be met at the proposed fence location. Dr. Guy 
states that it will be necessary to conduct actual field measurements 
to determine if the facility is in compliance with ANSI/IEEE. As stated 
previously, in the unlikely event that the initial measurements 
indicate that the ANSI/IEEE standards are not being met, the Navy will 
adjust the fence location, as needed. If measurements taken at the 
southernmost portion of the proposed fence exceed the standards, the 
Navy will reduce power levels to achieve compliance. The Navy will 
reduce the power versus move the fence because of a Navy commitment to 
avoid any construction in the conservation zone, which lies to the 
south of the site. In the event the Navy must reduce the power level, 
the ROTHR will still be able to effectively accomplish its mission.
    Finally, commenters questioned whether EPA's concerns about 
wetlands and impacts on the Playa Grande Conservation Zone in Vieques 
had been resolved. As previously indicated, the

[[Page 7771]]

EPA has concluded that the project will not cause any significant 
adverse environmental impacts.
    The remaining issues identified in the comment letters dealing with 
the effectiveness of the system, use of ANSI/IEEE standards, compliance 
with the 1983 MOU, impacts to the mahogany trees, environmental justice 
and the potential for cumulative impacts have been previously addressed 
in the FEIS and require no further discussion.

Conclusion

    Existing ROTHR systems in Virginia and Texas have already 
demonstrated the ability to reliably detect, track, and aid in the 
interception of light civil aircraft of the type used by drug 
traffickers. However, the Virginia and Texas ROTHR systems and other 
surveillance methods provide incomplete coverage of the South American 
source countries, resulting in gaps that are exploited by drug 
traffickers. Early detection and tracking provided by the Puerto Rico 
ROTHR will improve reaction time of counter-narcotic forces, increasing 
their efficiency and effectiveness.
    Although the no action alternative would result in no environmental 
impacts, the minimal impacts associated with construction at the 
selected locations, as well as the benefits which will result from the 
ROTHR, make the selected alternative the environmentally preferred 
alternative.
    Questions regarding the Environmental Impact Statement prepared for 
this action may be directed to: Commander, Atlantic Division Naval 
Facilities Engineering Command, 1510 Gilbert Street, Norfolk, VA 23511-
2699 (Attention: Ms. Linda Blount, Code 2032LB), telephone (757) 322-
4892, E-mail [email protected] or fax (757) 322-4894.

    Dated: February 11, 1998.
Duncan Holaday,
Deputy Assistant Secretary of the Navy (Installations and Facilities).
    Dated: February 11, 1998.
Lou Rae Langevin,
Lt, JAGC, USN, Alternate Federal Register Liaison Officer.
[FR Doc. 98-3903 Filed 2-13-98; 8:45 am]
BILLING CODE 3810-FF-P