[Federal Register Volume 64, Number 78 (Friday, April 23, 1999)]
[Notices]
[Pages 19979-19982]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-10241]


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DEPARTMENT OF DEFENSE

Department of the Navy


Record of Decision for Pacific Missile Range Facility Enhanced 
Capability

AGENCY: Department of the Navy, Department of Defense.

ACTION: Notice of record of decision.

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SUMMARY: The Department of the Navy, after carefully weighing the 
operational and environmental consequences, announces its decision to 
enhance the Pacific Missile Range Facility's (PMRF) capability to 
permit accommodation of the Department of the Navy Theater Ballistic 
Missile Defense (TBMD) and Department of Defense (DOD) Theater Missile 
Defense (TMD) testing, evaluation, and training.

FOR FURTHER INFORMATION CONTACT:
Ms. Vida Mossman, Pacific Missile Range Facility, P.O. Box 128, Kekaha, 
Kauai, Hawaii, 96752-0128, telephone number (808) 335-4740.
SUPPLEMENTARY INFORMATION: The text of the entire Record of Decision 
(ROD) is provided as follows:
    The Department of the Navy, pursuant to section 102(2)(c) of the 
National Environmental Policy Act (NEPA) of 1969; the Council on 
Environmental Quality regulations implementing NEPA procedures, 40 CFR 
parts 1500-1508; SECNAVINST 5090.6; OPNAV Instruction 5090.1B; and 
Executive Order 12114, announces its decision to enhance the Pacific 
Missile Range Facility's (PMRF) capability to accommodate the 
Department of the Navy Theater Ballistic Missile Defense (TBMD) and 
Department of Defense (DOD) Theater Missile Defense (TMD) testing, 
evaluation, and training. These enhancements of PMRF capabilities were 
described in the preferred alternatives in the Pacific Missile Range 
Facility Enhanced Capability Final Environmental Impact Statement (EIS) 
of December 18, 1998.
    This decision adopts both the continuation of current PMRF 
functions and the development of new sites and implementation of new 
activities. Existing PMRF functions include range and land-based 
training and operations, research, development, test, and evaluation 
(RDT&E), and ongoing base operations and maintenance activities. The 
new sites and activities adopted include construction and modification 
of target and interceptor launch facilities, launches of target and 
interceptor missiles by air, land and/or sea, construction and 
modification of instrumentation facilities, construction of support 
facilities, and transportation of missile propellant. Locations that 
will be affected by this decision are PMRF (PMRF/Main Base, Restrictive 
Easement; Makaha Ridge; Kokee; Kamokala Magazines; and Port Allen, 
Kauai) PMRF support sites (Niihau; Kaula; Maui Space Surveillance 
System, Maui; Kaena Point, Oahu; Wheeler Network Segment Control/PMRF 
Communications Sites, Oahu; Department of Energy Communication Sites, 
Kauai and Oahu; and the Ocean Area inside and outside of U.S. 
territory. Tern Island and Johnston Atoll were eliminated as sites in 
the Final EIS.
    Related State of Hawaii decisions will permit the use of State 
lands in proximity to PMRF to support missile launch and storage 
requirements. These State decisions will allow the U.S. Government to: 
(1) Continue to exclude non-participants from the ground hazard area 
during missile launches at PMRF, (2) permit the Navy to construct 
additional ordnance storage facilities to accommodate missile storage 
requirements, and (3) establish and maintain safety zones around the 
ordnance storage facilities.

Process

    The Navy has complied with all applicable Executive Orders 
including consideration of the environmental effects of its actions 
outside the United States or its territories under the provisions of 
Executive Order 12114

[[Page 19980]]

(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 Notice of Intent and the State of Hawaii EIS Preparation Notice 
were published in both the Federal Register (62 FR 28451) and The 
Environmental Notice, a semi-monthly bulletin of the State of Hawaii 
Office of Environmental Quality Control, on May 23, 1997. Notification 
of public scoping was also made through local media, as well as through 
letters to Federal, State, and local agencies and officials, and 
interested groups and individuals. Four public scoping meetings were 
held in Hawaii from June 17-23, 1997. In addition a similar but 
modified meeting was held for the residents of Niihau.
    The notice of Availability of the Draft EIS was published in The 
Environmental Notice on April 8, 1998 and in the Federal Register (63 
FR 17857) on April 10, 1998. Public hearings were conducted at Waimea, 
Kauai, and Honolulu, Oahu, Hawaii, on April 25 and 28, 1998, 
respectively. A meeting was held on Niihau for the residents on April 
23, 1998. Approximately 210 individuals, agencies, and organizations 
submitted comments on the Draft EIS. The Final EIS addressed all oral 
and written comments. The Notice of Availability for the Final EIS was 
published in the Federal Register on December 18, 1998 and in The 
Environmental Notice on December 23, 1998. Articles also appeared in 
the Kauai and Oahu newspapers announcing the release and summarizing 
the results of the Final EIS. Copies of the Final EIS were mailed to 
all those agencies, organizations and individuals who had provided 
comments and had requested a copy of the Final EIS.

Alternatives Considered

    The alternatives considered were based upon Navy testing 
requirements and included sites within a 1200-kilometer radius of PMRF 
that were accessible and could be safely used for testing. These 
alternatives were the no-action alternative and the preferred 
alternative adopted in this decision.

No-Action Alternative

    The no-action alternative was the continuation of all components of 
existing range and land-based operations, existing RDT&E activities and 
training, ongoing base operations maintenance of technical and 
logistical facilities, and those mitigation measures and standard 
operating procedures which are in place to protect the environment 
without any of the enhancements included within the proposed action. 
The no-action alternatives was not selected because it fails to build 
capability sufficient to meet the Navy TBMD and other DOD TMD mission 
requirements. The no-action alternative is the environmentally 
preferred alternative.

Action Selected

    The selected action was presented as the Preferred Alternative in 
the EIS. It includes continued testing and training activities as 
currently conducted with the addition of facilities enhancements. The 
enhancements are described more particularly below. As noted above, the 
decision also includes pursuit of modification of existing restrictive 
easements with the State of Hawaii to support missile launches and 
acquisition, either through lease or purchase, of State lands located 
in proximity to PMRF to support missile storage requirements.

Actions Associated With the Decision

Support Facilities
    The Navy will construct, renovate, and modify support facilities at 
PMRF, Kamokala Magazines, Makaha Ridge, Kokee, and Niihau. Enhancements 
at PMRF will be construction of temporary storage areas for liquid 
propellant and a new missile assembly building. Enhancements at 
Kamokala Magazines will be construction of two new missile storage 
buildings, with security fencing and associated road improvements on 
land acquired, through lease or purchase, from the State of Hawaii. 
Makaha Ridge and Kokee enhancements consist of improvements to radar 
and associated instrumentation support facilities. Enhancements at 
Niihau will be construction of target launch facilities at sites A and/
or K, along with reinforced operations shelters, associated road 
improvements, and construction of an airstrip at site M on Niihau. 
These enhancements will be initiated when program requirements for PMRF 
are identified.
Instrumentation
    This decision includes installation of new and upgraded radars, 
telemetry, and instrumentation at PMRF, Makaha Ridge, and Kokee. On 
Niihau, the Navy will install additional instrumentation and telemetry 
as well as operate an Aerostat from site C and one of four other sites 
(F, G, H, or I) when program requirements are identified. This decision 
also includes operation of an Aerostat from a mobile sea platform.
Target Missile Launches
    The preferred methods of delivering target missiles are from 
aircraft and from land areas at PMRF/Kauai Test Facility. Target 
launches from a mobile sea platform or barge will also be used if 
required to satisfy mission requirements. Target launch facilities, 
consisting of launch pads and supporting facilities, will be built at 
PMRF and/or Niihau as and when program requirements are identified.
Interceptor Launches
    The Navy will launch interceptor missiles in the open ocean from 
existing ships. Missile launch capabilities will also be established on 
PMRF for other land based DOD interceptor systems when required, and 
will include the use of the existing Strategic Target System (STARS) 
launch site. If program requirements are identified, interceptor launch 
facilities on Niihau will be developed at sites A and/or K in addition 
to the target launch facilities at those sites.
Real Property
    The U.S. Navy will request the State of Hawaii to extend the 
existing Restrictive Easement at PMRF to December 31, 2030 and to 
revise the easement to include launches of additional target missiles. 
Current limitations on closures per year or length of closures will not 
change. The Navy will also acquire, through lease or purchase, State of 
Hawaii property adjacent to the Kamokala Magazines on which to build 
two missile storage magazines and establish an associated safety area.
Propellant Transport
    The Navy will transport liquid missile propellants to PMRF by air 
if the appropriate transportation waivers can be obtained. If waivers 
cannot be obtained, the Navy will transport the liquid propellants by 
sea directly to PMRF. At this time transportation of liquid propellants 
to PMRF by road is not anticipated. if, in the future, transport of 
liquid propellants on public roads should become necessary, the Navy 
will consult with the Hawaii Department of Transportation and the 
Governor's staff prior to any shipments on the public roads.

Environmental Impacts

    The Navy analyzed the potential impacts of the selected action in 
14 resources areas: air quality, airspace, biological resources, 
cultural resources, geology and soils, hazardous materials and 
hazardous waste, health and safety, land use, noise, socioeconomics,

[[Page 19981]]

transportation, utilities, visual and aesthetic resources, and water 
resources. The Navy also considered the action's potential for 
cumulative effects and ensured consistency with federal policies 
addressing environmental justice and federal actions in areas outside 
the territorial limits of the U.S.
    This decision when implemented will have significant impacts on 
airspace above Niihau and biological resources at Niihau. Ongoing Navy 
activities will continue to have significant impacts on geology and 
soils at Kaula and on the non-potable water supplies at Makaha Ridge 
and Kokee Park. Impacts on all other resources or functions analyzed 
will be less than significant.

Geology and Soils

    Ongoing air-to-surface weapons delivery training being conducted at 
the southeast end of Kaula has caused permanent adverse soil and 
geologic effects associated with rock shattering explosions and the 
presence of both live and inert ordnance.

Non-Potable Water

    Ongoing test activities at Makaha Ridge and Kokee Park will 
continue to have an adverse impact on the non-potable water supply 
system.

Airspace

    Activation of new operating areas over Aerostat sites or missile 
launch sites on Niihau have the potential to impact the V-16 low 
altitude airway that crosses the middle of the island. When program 
requirements are identified, the Navy will request that a new 
Restricted Area be established by the Federal Aviation Administration. 
The Restricted Area will surround the proposed sites that lie within 
the boundaries of the airway. Whenever an operation is scheduled, the 
new Restricted Area will be activated, and air traffic using the V-16 
airway will be required to use an alternate flight course. This 
represents a potentially significant adverse impact, as defined by the 
Federal Aviation Administration, on other regional airways.

Biological Resources

    Additional traffic at the existing logistics landing sites and 
other landing craft landing areas on Niihau may disturb monk seals that 
haul out to bask, or possibly pup, on the sandy beach areas. 
Disturbance of green sea turtle nesting sites at the existing logistics 
landing sites and other sandy beach areas could also occur. The monk 
seal is a federally listed endangered species and the green sea turtle 
is a federally listed threatened species.

Mitigation

    With regard to the significant impacts described above, the Navy 
will ensure that the following mitigation measures described below are 
implemented.

Geology and Soils

    To minimize impacts to geology and soil at Kaula, the Navy will 
limit targeting for air-to-surface weapons delivery to the southeast 
tip of the island. This area constitutes approximately eight percent of 
the landmass of the island. The Navy is planning no new activities for 
Kaula.

Non-Potable Water

    To minimize impact on the water supply at Makaha Ridge and Kokee, 
the Navy will continue existing water conservation measures in 
coordination with the State of Hawaii. The State Parks Department has 
drilled a new water well at Kokee Park that will be online within one 
to two years, and significant impacts associated with water supply will 
be reduced.

 Airspace

    Use of Notice of Airmen notification will minimize the impact to 
aircraft transiting Niihau.

Biological Resources

    To protect biological resources at Niihau during construction, PMRF 
will use the measures discussed below, developed through consultation 
with the U.S. Fish and Wildlife Service and the National Marine 
Fisheries Service under the requirements of Section 7 of the Endangered 
Species Act.
    The National Marine Fisheries Service, in a decision letter issued 
on October 21, 1998, concluded that the proposed actions would ``not 
likely adversely affect listed species''. The U.S. Fish and Wildlife 
Service, in a decision letter issued on October 22, 1998, concurred 
with the findings of the Navy's Biological Assessment and stated that 
the proposed action is ``not likely to adversely affect endangered or 
threatened species.''
    During operations PMRF will ensure beaches are monitored for the 
presence of monk seals and green sea turtles, and either wait for their 
departure or conduct landings elsewhere. PMRF will provide fire 
suppression equipment at launch sites and will restrict project 
personnel to the facilities where their responsibilities will be 
carried out. PMRF will obtain prior approval from the landowner for all 
site alterations. Prior to construction of an airstrip, PMRF will 
develop a bird aircraft strike hazard plan to avoid bird impacts to 
aircraft. PMRF will also take measures to eliminate the import of 
exotic wildlife species, and will conduct checks of equipment and 
personnel to minimize the risk of inadvertent pest transportation to 
the island.
    In addition to implementing the above mitigation measures for 
significant impacts, the Navy will ensure the following mitigation 
measures are implemented to avoid potential significant impacts:

Air Quality

    To protect the air quality during any construction activities, 
standard construction practices will be followed to control fugitive 
dust emissions. These practices may include periodic wetting of 
disturbed soils.

Airspace

    To prevent indirect impacts to airspace use in the Ocean Area, PMRF 
will keep the public and pilots informed of activity that affects 
airspace use. PMRF will annually evaluate flight activities, including 
missile launch activities, and review mission changes with respect to 
supersonic operations, to ensure that every effort is being made to 
reduce any adverse indirect impacts.

Biological Resources

    To protect biological resources at PMRF/Main Base, the following 
existing mitigation measures will be continued: (1) Discourage 
albatross from nesting on base, (2) reduce impacts on the Newell 
shearwater by the use of protective light shields, (3) monitor the 
beaches to identify and avoid turtle nesting before amphibious 
landings, and (4) monitor beaches to identify and avoid monk seals 
prior to test activities. To protect biological resources at Makaha 
Ridge and Kokee, protective shielding will be used for any new outdoor 
lighting. To protect biological resources at the Kamokala Magazines, 
PMRF will install light shields (if any site is lighted at night) to 
reduce effects on the Newell shearwater. To protect biological 
resources at Kaula, PMRF will use the area seasonally, when marine 
mammals are not present, and will survey waters off the island, 
delaying or moving operations if marine mammals are found. The impact 
area will continue to be on the south end of the island only.
    To protect biological resources in Open Ocean areas, PMRF will use 
standard range warning and checking procedures to check for 
concentrations of marine mammals in hazard areas. If marine mammals are 
present, the Flight Safety Officer will determine whether to continue, 
delay, or move the test, as and if necessary for protection of the 
animals.

[[Page 19982]]

    The Navy plans to continue periodic monitoring of bird populations 
on Kaula with assistance from the State of Hawaii Department of Land 
and Natural Resources and the U.S. Fish & Wildlife Service.

Cultural Resources

    To protect cultural resources, PMRF will implement the mitigation 
measures contained in the March 18, 1999 Memorandum of Agreement (MOA) 
with the Hawaii State Historic Preservation Officer (SHPO) and the 
Advisory Council on Historic Preservation. Concerning Niihau, the MOA 
requires the involvement of the island's proprietors, the residents of 
Niihau, and the SHPO in determining the nature and scope of surveys to 
identify potential impacts to historic properties, including 
traditional cultural properties. The MOA also requires appropriate 
mitigation measures in the event that there are potentially adverse 
impacts to such properties from PMRF's actions on Niihau.

Geology and Soils

    To protect geological and soil resources at PMRF/Main Base and 
Niihau, the following mitigation measures will be implemented: (1) PMRF 
will not launch solid propellant missiles when it is raining, (2) A 
water deluge system for cooling or noise suppression will not be 
employed, (3) Excavated material will be watered frequently, and (4) 
Soil additivities will be used to bond exposed surface soils when 
necessary.
    To protect geological and soil resources at PMRF/Mail Base, Makaha 
Ridge, Kokee, Kamokala Magazines, and Niihau from erosion, PMRF will: 
(1) Minimize areas exposed during digging, (2) use soil stabilizers and 
sandbags, (3) add covering to slopes, and (4) revegetate slopes as 
necessary.

Hazardous Materials and Waste

    PMRF will extend main base waste management procedures to include 
Niihau. Hazardous materials will not be permanently stored at Niihau, 
and hazardous wastes generated by Navy and other DOD activities will be 
shipped from Niihau for proper disposal. PMRF will construct all launch 
pads and storage devices with containment or sump systems to contain 
any potential spills and will conduct any required remediation.

Health and Safety

    In the Restrictive Easement, PMRF will continue to clear the 
easement area during missile launches, in accordance with the 
provisions of the lease with the State of Hawaii.

Land Use

    To protect land resources on Niihau, PMRF will work with the 
landowner or Niihau residents to minimize operations that might exclude 
residents from traditional fishing areas during the best times of day 
or seasons.

Socioeconomics

    To prevent potential negative socioeconomic impacts on Niihau, PMRF 
will periodically review and strengthen the protection protocol to help 
reduce construction and operational impacts, and provide cultural 
sensitivity training to off-island personnel who may come into contact 
with Niihau residents. To benefit the residents, the maximum feasible 
number of Niihau residents will be employed.

Transportation

    To prevent minor ongoing transportation impacts (access to Polihale 
Park) expected as a result of implementation of the action within the 
Restrictive Easement, PMRF will: (1) Issue advance warnings of closures 
to citizens, (2) minimize closure times, and (3) reopen road access as 
soon as possible. Such actions shall be taken in accordance with the 
provisions of the state lease.

Visual and Aesthetic Resources

    To protect visual resources at PMRF/Main Base and Niihau, PMRF will 
maintain as much natural vegetation around existing launch pads and 
newly constructed facilities as safety will allow. Emphasis will be 
placed along the ocean side of the launch pads and newly constructed 
facilities. To minimize impacts to visual resources at the Kamokala 
Magazines, the storage magazines will be covered with earth material 
except for entrance doors that will face the cliffs outside of public 
view. Grass and other limited height vegetation will be allowed to grow 
on the storage magazines to help reduce erosion. To minimize aesthetic 
effects on Niihau, PMRF will use earth-toned paint on all structures.

Response to Comments Received Regarding the Final EIS

    The Department of Navy received three comment letters on the Final 
EIS, The U.S. Environmental Protection Agency (EPA) withdrew 
environmental objections raised during comments on the Draft EIS upon 
the removal of Term Island and Johnston Atoll from the sites under 
consideration. The EPA further suggested that the Navy document, in the 
Record of Decision, any mitigation measures it intends to implement. 
This Record of Decision provides that documentation. Two comment 
letters were received from individuals who disagreed with the 
conclusions of the Final EIS. The subject of one of the letters was 
outside the scope of the EIS. The other letter renewed comments that 
had been made on the Draft EIS. The comments questioned analysis 
techniques used in the Final EIS and expressed concerns about risk of 
brush fires and U.S. treaty implications. Responses have been provided 
in the Final EIS, and some are reflected in this Record of Decision.

Conclusions

    On behalf of the Department of the Navy, I have selected the 
Preferred Alternative of the PMRF EIS for implementation as set out in 
this Record of Decision. In determining whether and how to enhance the 
capabilities of the PMRF, I considered the following: existing assets 
and capabilities of PMRF; the Navy and DOD operational, testing, and 
training requirements; range improvements necessary to support PMRF as 
a TBMD test site; environmental impacts; costs associated with 
construction of facilities, the operation and maintenance of ships and 
aircrafts, and training of personnel; and comments received during the 
EIS process.
    After carefully weighing all of these factors and analyzing the 
data presented in the Final EIS, I have determined that the Preferred 
Alternative best meets the requirements for the enhancement of the 
capabilities at PMRF.

    Dated: April 14, 1999.
Duncan Holaday,
Deputy Assistant Secretary of the Navy, Installations and Facilities.
[FR Doc. 99-10241 Filed 4-22-99; 8:45 am]
BILLING CODE 5000-01-M