[Federal Register Volume 73, Number 145 (Monday, July 28, 2008)]
[Notices]
[Pages 43727-43730]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-17242]


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DEPARTMENT OF DEFENSE

Department of the Navy


Record of Decision for the Final Environmental Impact Statement 
for the Shock Trial of USS MESA VERDE (LPD 19)

AGENCY: Department of the Navy, DoD.

ACTION: Notice of Record of Decision.

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SUMMARY: The Department of Navy (Navy), pursuant to Section 102(2)(C) 
of the National Environmental Policy Act (NEPA) of 1969, 42 United 
States Code (U.S.C.) 4321 et seq.; the regulations implementing NEPA 
issued by the Council on Environmental Quality (CEQ), 40 Code of 
Federal Regulations (CFR) Parts 1500-1508; Navy regulations 
implementing NEPA procedures (31 CFR 775); and Presidential Executive 
Order 12114, hereby announces its decision to conduct a shock trial for 
USS MESA VERDE in the area of the Atlantic Ocean offshore of Naval 
Station Mayport, Jacksonville, Florida during the summer 2008 (June 21-
September 20).
    NEPA establishes the procedures Federal agencies must follow in 
analyzing environmental impacts of major Federal actions within the 
United States (U.S.) and its territories. Presidential Executive Order 
12114 establishes the procedures Federal agencies must follow when 
environmental impacts of major Federal actions occur outside the U.S. 
or its territories including the global commons. The Navy is the lead 
agency for the proposed action with cooperation from the National 
Marine Fisheries Service (NMFS), who agreed to be a cooperating agency 
for the Environmental Impact Statement.
    USS MESA VERDE will undergo a shock trial in a manner consistent 
with the proposed action ``Alternative Offshore Shock Trial Locations'' 
as described in the Final Environmental Impact Statement (EIS). The 
Final EIS analyzed in detail three alternative offshore areas (Norfolk, 
Virginia; Mayport, Florida; and Pensacola, Florida) during all four 
seasons. The No-action alternative was also analyzed in the Final EIS.
    The preferred alternative is to conduct a shock trial offshore of 
Mayport implementing protective measures (also referred to as 
mitigation measures) to

[[Page 43728]]

minimize risk to marine mammals and sea turtles. Although all three 
test areas meet minimal operational requirements, there is considerable 
variability between the locations in terms of marine species presence 
and status (e.g., threatened or endangered), as well as differences 
with respect to potential impacts to species (i.e., mortality, injury, 
and acoustic harassment). USS MESA VERDE will be subjected to a series 
of up to four 10,000-pound explosive charge detonations sometime 
between June 21, 2008 and September 20, 2008, conducted at a rate of 
one per week to allow time to perform detailed inspections of the 
ship's systems. Potential risk of impacts to marine mammals and sea 
turtles in summer is highest offshore of Norfolk and Pensacola and 
lowest offshore of Mayport. The Norfolk and Mayport locations are not 
considered environmentally acceptable during October through April due 
to the migratory patterns and presence (abundance) of the North 
Atlantic right whale. Endangered marine species are not likely to be 
adversely affected by the preferred alternative to conduct the proposed 
shock trial offshore of Mayport in the summer. All other aspects of the 
three test areas are similar. Based on the Navy's overseas deployment 
requirements for the ship class and, in particular, the availability of 
the ship, conducting the shock trial offshore of Mayport will meet the 
project purpose and need, satisfy operational requirements, and 
minimize environmental impacts.
    This Record of Decision leaves the selection of primary and 
secondary test sites within the Mayport test area to be made based on 
pre-detonation aerial surveys for marine mammal and sea turtle 
presence. This will ensure that the final test site selected for the 
shock trial poses the least possible risk to the marine environment.

FOR FURTHER INFORMATION CONTACT: Ms. Dawn Schroeder, NAVSEA 04RE, 1333 
Isaac Hull Ave., SE., Building 197, Room 4W1673, Washington Navy Yard, 
DC 20376, telephone: 202-781-2291, and e-mail: [email protected].

SUPPLEMENTARY INFORMATION: The SAN ANTONIO Class ship designated as the 
shock ship for the proposed shock trial is USS MESA VERDE (LPD 19). USS 
MESA VERDE is the third ship in the SAN ANTONIO Class of nine planned 
amphibious transport dock ships being acquired by the Navy to meet the 
Marine Expeditionary Brigade (MEB) amphibious lift requirements. Each 
new class (or major upgrade) of surface ships must be tested to assess 
the survivability of the hull and ship's systems and the capability of 
the ship to protect the crew after a near miss from an underwater 
explosion. Section 2366 of Title 10, United States Code (10 U.S.C. 
2366) requires realistic survivability testing of a covered weapon 
system to ensure the vulnerability of that system under combat 
conditions is known. Realistic survivability testing involves firing 
munitions likely to be encountered in combat to test for ship 
vulnerability, commonly referred to as ``Live Fire Test and 
Evaluation'' (LFT&E). The SAN ANTONIO Class is considered a covered 
system with an approved LFT&E program. The LFT&E program includes three 
major areas (computer modeling, surrogate testing, and an at-sea ship 
shock trial) that together provide for a complete and comprehensive 
evaluation of the survivability of the SAN ANTONIO Class. Only the at-
sea shock trial would provide the real-time data necessary to fully 
assess ship survivability. The shock trial is a series of underwater 
detonations that propagate a shock wave through the ship's hull under 
deliberate and controlled conditions simulating near misses from 
underwater explosions. The Navy can measure the effect of the shock 
wave on the hull, equipment, and personnel safety features of the ship. 
The shock trial is designed to demonstrate that all ship systems are 
capable of sustained operation performance during combat situations. 
This information is used to improve the shock resistance of the ship 
and follow-on ships of the class, thereby reducing the risk of crew 
injury.
    Alternatives: NEPA requires the Navy to evaluate a reasonable range 
of alternatives for implementing a proposed Federal action. The Final 
EIS analyzed in detail three alternative offshore areas (Norfolk, 
Virginia; Mayport, Florida; and Pensacola, Florida) during all four 
seasons. The No-action alternative was also analyzed in the Final EIS.
    Under the No-action alternative, only computer modeling and 
component testing already completed under the LFT&E were used to 
evaluate survivability. The No-action alternative was determined to not 
be a reasonable alternative because it would not provide the 
information and data necessary to assess the survivability of the ship, 
as required by 10 U.S.C. 2366. However, the No-action alternative was 
included in the comparative analysis of alternatives.
    Alternative offshore locations for conducting the shock trial were 
compared from both an operational and environmental perspective. To 
carry out its national security mission, the Navy operates under 
stringent scheduling and operational constraints to ready its frontline 
combat ships for overseas deployment. Since USS MESA VERDE must be 
prepared to commence its first deployment during Fiscal Year (FY) 2009, 
a number of key maintenance and training events, as well as other 
certification tests and trials, must occur in proper sequence to ensure 
suitable preparations for overseas movement. Accordingly, the 
availability of USS MESA VERDE would dictate the time of year when the 
shock trial would be performed. Currently, USS MESA VERDE is scheduled 
to be available for shock trial testing in the summer of 2008. Based on 
the availability of USS MESA VERDE during summer 2008, the best 
operational and environmental alternative is Mayport. This alternative 
is the Navy's preferred alternative. Of the three location 
alternatives, Mayport in summer is the environmentally preferred 
alternative.
    The Final EIS analysis focused on identifying alternative offshore 
locations to conduct the shock trial. USS MESA VERDE is proposed to be 
homeported on the East coast of the U.S. Therefore, based on 
operational requirements and personnel quality of life considerations, 
offshore areas other than East and Gulf coasts were eliminated from 
consideration. The Navy screened possible East coast and Gulf of Mexico 
locations according to the following operational criteria: personnel 
quality of life considerations, water depth, proximity to a Navy 
facility with homeported vessels or sufficient pier space for support 
vessels, proximity to an airfield for supporting aircraft, proximity to 
a Naval Station support facility, proximity to a vessel repair 
facility, proximity to an ordnance storage/loading station, vessel 
traffic, weather and sea state, and Gulf Stream conditions. A detailed 
analysis concluded that three test areas could operationally support 
the shock trial--Mayport, Florida; Norfolk, Virginia; and Pensacola, 
Florida. Although all three test areas meet minimal operational 
requirements, there is considerable variability between the locations 
in terms of marine species presence and status (e.g., threatened or 
endangered), as well as differences with respect to potential impacts 
to species (i.e., mortality, injury, and acoustic harassment).
    Potential environmental impacts of conducting a shock trial at the 
three test areas were analyzed in the Environmental Consequences 
section of the Final EIS. The test areas differ significantly with 
respect to potential

[[Page 43729]]

impacts on marine mammals and sea turtles. Overall, based on the best 
available scientific data, the risk of mortality, injury, and 
harassment to marine mammals is lowest at Mayport in summer than at 
Norfolk or Pensacola. Impacts to sea turtles during the summer would be 
lowest at Pensacola and Mayport, and highest at Norfolk. Considering 
all components of the physical, biological, and socioeconomic 
environment, potential impacts would be less at Mayport than at Norfolk 
or Pensacola.
    Environmental Impacts: Potential environmental impacts of 
conducting a shock trial at the Mayport, Norfolk, and Pensacola test 
areas were analyzed in the Final EIS. The analysis demonstrated that 
most environmental impacts of the shock trial would be less than 
significant and were similar at Mayport, Norfolk or Pensacola, with the 
exception of potential impacts on marine mammals and sea turtles.
    Potentially significant direct impacts on marine mammals from the 
pressure wave or sound impulse created by the detonation include 
mortality, injury, and acoustic harassment. Most marine mammals would 
be detected during pre-detonation aerial surveys and surface ship 
observations, which would minimize the risk of death or injury. 
Application of protective (mitigation) measures would further reduce 
risk by allowing selection of a test site with low densities of marine 
mammals within the test area. Even with these protective (mitigation) 
measures, there are differences in risk levels among the three test 
areas due to area-wide marine mammal densities and species composition, 
as well as seasonal differences. Overall, the risk to marine mammals 
would be higher at Norfolk and Pensacola, than at Mayport in the summer 
season.
    Potential impacts to sea turtles also include mortality, injury, 
and acoustic harassment. At Mayport, Norfolk or Pensacola, protective 
(mitigation) measures would result in selection of a test site with low 
densities of sea turtles. However, there are differences in risk among 
the three test areas attributable to seasonal differences in sea turtle 
densities. Overall, modeling results indicate that the risk to sea 
turtles would be highest at Norfolk, lower at Mayport, and lowest at 
Pensacola during the summer season.
    Considering all components of the physical, biological, and 
socioeconomic environment, potential impacts would be less at Mayport 
than at Norfolk and Pensacola.
    Protective (Mitigation) Measures: A detailed Marine Mammal and Sea 
Turtle Protective Measures Plan is presented in the Final EIS. The plan 
includes similar protective (mitigation) measures as used during the 
2001 shock trial of USS WINSTON S. CHURCHILL offshore of Mayport, 
Florida. No deaths or injuries of marine mammals or sea turtles were 
detected during the USS WINSTON S. CHURCHILL shock trial. The 
protective measures plan for USS MESA VERDE shock trial would avoid 
impacts and minimize risk to marine mammals and sea turtles in the 
following ways:
    Site Selection--Initial, general site selection would be based on 
operational requirements and aerial surveys. Within the shock trial 
test area, aerial surveys would be conducted and satellite imagery 
would be analyzed to select a primary and secondary test site having 
low densities of marine mammals and sea turtles.
    Pre-Detonation Monitoring--Prior to each detonation, aerial and 
shipboard observers would search for marine mammals and sea turtles at 
the selected test site. If any marine mammal or sea turtle were 
detected within the Safety Range (3.5 nautical mile [nm] radius around 
the detonation point), the detonation would be postponed. The 
detonation would also be postponed if large Sargassum rafts, debris 
lines or jellyfish concentrations (sea turtle indicators) were detected 
within the Safety Range, or if flocks of seabirds or large fish schools 
were detected within 1 nm of the detonation point. Detonation would not 
occur until monitoring indicated that the Safety Range is clear of 
detectable marine mammals, sea turtles, large Sargassum rafts and 
debris lines, large concentrations of jellyfish, flocks of seabirds, 
and large schools of fish.
    Post-Detonation Monitoring--After each detonation, aerial and 
shipboard observers would survey the test site. A Marine Animal 
Response Team (MART) led by a marine mammal veterinarian would document 
and attempt to recover any dead animals and monitor any animals that 
appear to be injured. If the survey showed that marine mammals or sea 
turtles were killed or injured, or if any marine mammals or sea turtles 
are detected in the Safety Range immediately following a detonation, 
testing would be halted until procedures for subsequent detonations 
could be reviewed and changed as necessary. Communications with NMFS 
stranding network personnel would be maintained throughout the shock 
trial period.
    Coordination and Consultation with NMFS: Because NMFS has 
jurisdiction by law with respect to issues related to endangered 
species and marine mammals, NMFS is a cooperating agency on the Final 
EIS. In addition to a review and comment role, NMFS has two regulatory 
roles relative to the proposed shock trial. First, NMFS is responsible 
for administering the Endangered Species Act (ESA) (16 U.S.C. 1531 et 
seq.) as it applies to listed sea turtles and marine mammals. Early 
Section 7 formal consultation under the ESA was initiated with NMFS in 
June 2007. NMFS issued a Final Biological Opinion, dated July 18, 2008, 
which concluded that the shock trial of the USS MESA VERDE off the 
coast of Jacksonville, Florida in summer would not likely jeopardize 
the continued existence of threatened or endangered species, pursuant 
to the following terms and conditions:
    1. The Navy shall implement their proposed protective measures 
associated with each underwater detonation required by the proposed 
ship shock trial of the MESA VERDE. These protective measures are 
summarized in this Record of Decision [Protective (Mitigation) Measures 
section].
    2. Within 120 calendar days of completing the proposed ship shock 
trial of the USS MESA VERDE, the Navy shall provide the Chief, 
Endangered Species Division, Office of Protected Resources (with a copy 
provided to the Assistant Regional Administrator for Protected 
Resources in NMFS' Southeast Regional Office located in St. Petersburg, 
Florida) with a written after-action report that shall include the 
following information:
    a. A daily log of the ship shock trial and its associated 
detonations including descriptions of all protective measures the Navy 
employed during the trial;
    b. Identification of the manpower required to implement the planned 
protective measures (e.g., number of persons involved in aerial and/or 
shipboard surveillance efforts);
    c. A calculation of the time required on station to complete the 
proposed shock trial and pre- and post-detonation monitoring activities 
(i.e., days, hours, minutes);
    d. A brief summary of the results, including the effectiveness of 
the protective measures and observations made (e.g., number of marine 
animals sighted, behavioral observations);
    e. An outline of any adjustments/changes to the protective measures 
plan implemented during the proposed shock trial (e.g., postponing the 
exercise due to marine animal sightings within the Safety Range); and
    f. A description of any constraints on the proposed shock trial, if 
any, including time, manpower, funding or other environmental 
compliance factor.

[[Page 43730]]

    The biological opinion includes an incidental take statement that 
exempts the Navy from the prohibitions contained in section 9 of the 
ESA during the ship shock trial of the USS MESA VERDE. Receipt of the 
final biological opinion completed the ESA consultation process.
    Secondly, NMFS has a regulatory role under the Marine Mammal 
Protection Act (MMPA) (16 U.S.C. 1361 et seq.). The Navy submitted a 
request to NMFS for an ``incidental take authorization'' under section 
101(a)(5)(A) of the MMPA. NMFS published a Proposed Rule in the Federal 
Register on April 11, 2008 (73 FR 71 [19789-19795]) specifying 
protective measures and reporting requirements for the shock trial. A 
Final Rule was signed by NMFS on July 18, 2008, which became effective 
upon its submission by NMFS to the Federal Register for publication, 
and the Letter of Authorization (LOA) for the test was issued on July 
22, 2008. Based on the scientific analyses detailed in the Navy's 
application and further supported by information and data contained in 
the Navy's Final EIS for the USS MESA VERDE shock trial, NMFS has 
determined that the incidental taking of marine mammals resulting from 
conducting an FSST on USS MESA VERDE in the waters offshore of Mayport, 
Florida during the summer months would have a negligible impact on the 
affected marine mammal species or stocks. The Final Rule states that 
NMFS concurs with the Navy, as provided in its request for incidental 
take authorization and the Final EIS, that impacts from the shock trial 
can be mitigated by implementing the protective measures as described 
in the Final EIS and summarized in this Record of Decision [Protective 
(Mitigation) Measures section] which mandate a conservative safety 
range for marine mammal exclusion, incorporating aerial and shipboard 
monitoring efforts in the program both prior to and after detonation of 
explosives, and provided detonations are not conducted whenever marine 
mammals are either detected within the 3.5-nm (6.5-km) Safety Range (or 
may enter the Safety Range at the time of detonation), or if weather 
and sea conditions preclude adequate aerial surveillance. With issuance 
of the Final Rule, NMFS has determined that the requirements of section 
101(a)(5)(A) of the MMPA have been met.
    Comments Received on the Final EIS: After the Final EIS was 
distributed to the public for a 30-day review period ending on June 30, 
2008, the Navy received three comments: one from the Virginia 
Department of Environmental Quality, one from U.S. Environmental 
Protection Agency (EPA) Region 4, and one from Georgia Department of 
Natural Resources (DNR) Coastal Resources Division. The Virginia 
Department of Environmental Quality recommended that the shock trial 
test be conducted at the Mayport location. Conducting the shock trial 
at this offshore location is identified as the preferred alternative. 
EPA Region 4 recommended the distribution of post-test monitoring 
results to federal and state natural resource agencies for review and 
analysis to assess the success of the proposed protective (mitigation) 
measures. The regulator of the resources addressed in the Final EIS is 
NMFS. Therefore, the Navy will adhere to the terms and conditions in 
the MMPA Final Rule and LOA provided to the Navy by NMFS. In accordance 
with the Final EIS and the LOA, the Navy will conduct an after action 
report which will include a summary of post-test monitoring results. 
The report will be provided to NMFS as required by the LOA. The Georgia 
DNR concurred with the findings in the Final EIS.
    Conclusion: After careful consideration of the purpose and need for 
the proposed action, the analysis contained in the Final EIS, and the 
comments received from federal, state, and local agencies, non-
governmental organizations, and individual members of the public, the 
Principal Deputy Assistant Secretary of the Navy for Research, 
Development, and Acquisition, on behalf of the Navy has decided to 
proceed with the Preferred Alternative. Conducting USS MESA VERDE shock 
trial in an area offshore of Mayport, Florida is the alternative that 
best meets the project purpose and need, satisfies operational 
criteria, and minimizes environmental impacts. Potentially significant 
direct impacts resulting from the shock trial include mortality, 
injury, and disruption of hearing-based behavior (harassment) of marine 
mammals and sea turtles. While modeling has been conducted to define 
the potential lethal, injurious, and harassment takes that might occur, 
it is expected that implementation of protective (mitigation) measures 
will minimize the risk to marine mammals and sea turtles.
    Consistent with this decision and the Proposed Action and analyses 
described in the Final EIS at the test location and season identified 
in the Preferred Alternative, the Navy will implement the Preferred 
Alternative and all protective (mitigation) measures.

    Dated: July 22, 2008.
David Architzel,
Vice Admiral, U.S. Navy, Principal Deputy Assistant Secretary of the 
Navy (Research, Development & Acquisition).
[FR Doc. E8-17242 Filed 7-25-08; 8:45 am]
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