[Federal Register Volume 74, Number 12 (Wednesday, January 21, 2009)]
[Notices]
[Pages 3574-3575]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-1041]


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DEPARTMENT OF DEFENSE

Department of the Navy


Notice of Intent To Prepare a Supplemental Environmental Impact 
Statement/Supplemental Overseas Environmental Impact Statement for 
Employment of Surveillance Towed Array Sensor System Low Frequency 
Active (SURTASS LFA) Sonar.

AGENCY: Department of the Navy, DoD.

ACTION: Notice.

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SUMMARY: Pursuant to the National Environmental Policy Act (NEPA) and 
Executive Order 12114, the Navy is announcing its intent to prepare a 
Supplemental Environmental Impact Statement (SEIS)/Supplemental 
Overseas Environmental Impact Statement (SOEIS) for the employment of 
SURTASS LFA sonar.

DATES: Written comments regarding the scope of this environmental 
document must be submitted within 45 days of January 21, 2009.

ADDRESSES: Written comments on the scope of the SURTASS LFA Sonar SEIS/
SOEIS should be addressed to: Chief of Naval Operations, Code N872A, c/
o SURTASS LFA Sonar SEIS/SOEIS Program Manager, 4100 Fairfax Drive, 
Suite 730, Arlington, Virginia 22203; or e-mail: 
[email protected].

FOR FURTHER INFORMATION CONTACT: Chief of Naval Operations, Code N872A, 
c/o SURTASS LFA Sonar SEIS/SOEIS Program Manager, 4100 Fairfax Drive, 
Suite 730, Arlington, Virginia 22203; or e-mail: 
[email protected].

SUPPLEMENTARY INFORMATION: The Final Overseas Environmental Impact 
Statement and Environmental Impact Statement (OEIS/EIS) for the 
Surveillance Towed Array Sensor System Low Frequency Active (SURTASS 
LFA) Sonar was completed in January 2001 and supplemented in April 2007 
by the SURTASS LFA Sonar Supplemental EIS (SEIS). The Assistant 
Secretary of the Navy (Installations and Environment) (ASN(I&E)) 
reviewed the SURTASS LFA Sonar SEIS and, based upon review of the 
comparative analysis of the potential for environmental and 
socioeconomic effects from the five alternatives presented in the Final 
SEIS, announced the decision to employ up to four SURTASS LFA sonar 
systems with certain geographical restrictions and other mitigation 
designed to reduce adverse effects on the marine environment. This 
decision implemented the preferred alternative, Alternative 2, 
identified in the Final SEIS.
    ASN (I&E) found that the analysis in the SEIS had taken the 
requisite ``hard look'' at the environmental consequences of the 
decision to employ the SURTASS LFA sonar and issued the Record of 
Decision (ROD) on August 15, 2007.
    However, in recognition of continued concerns raised in litigation 
over employment of the SURTASS LFA sonar system, to support issuance of 
a new Final Rule under the Marine Mammal Protection Act (MMPA) for the 
taking of marine mammals incidental to employment of SURTASS LFA sonar 
systems, and to continue the Navy's commitment to responsible 
stewardship of the marine environment, the Deputy Assistant Secretary 
of the Navy (Environment) (DASN(E)) has determined that the purposes of 
NEPA would be furthered by the preparation of an additional 
supplemental analysis related to employment of the system. This 
analysis will focus on potential offshore (i.e., greater than 12 
nautical miles (nm) (22 kilometers (km)) from any coastline) 
biologically important areas (OBIAs) in regions of the world where the 
Navy intends to use the SURTASS LFA sonar systems for routine training, 
testing, and military operations. The new SEIS/SOEIS will also include 
further analysis of whether, in some locations, using a larger coastal 
standoff distance, where the continental shelf extends farther than the 
current 12 nm standoff distance, is practicable for SURTASS LFA sonar. 
Further analysis of the potential for cumulative impacts involving 
other active sonar sources will also be addressed in the new SEIS/
SOEIS. Once completed, information developed from these analyses will 
be used to assist the Navy in determining how to employ SURTASS LFA 
sonar, including the selection of operating areas that the Navy 
requires for routine training, testing, and military operations in 
requests for MMPA Letters of Authorization (LOAs) submitted to the 
National Marine Fisheries Service (NMFS). NMFS will be a cooperating 
agency under NEPA regulation (40 CFR 1501.6) for the development of the 
SEIS/SOEIS. The SEIS/SOEIS will comply with both NEPA and Executive 
Order 12114.
    The Navy and NMFS are soliciting scoping comments on the above 
topics. With respect to any potential offshore biologically important 
areas in regions of the world where SURTASS LFA sonar may operate, for 
purposes of this NEPA analysis these areas are defined in the SURTASS 
LFA Final OEIS/EIS as areas outside of 12 nm (22 km) from any 
coastline, including islands, where marine animals of concern (those

[[Page 3575]]

animals listed under the Endangered Species Act (ESA) and/or marine 
mammals) congregate in high densities to carry out biologically 
important activities. Such areas may include migration corridors; 
breeding and calving grounds; and feeding grounds. To facilitate 
evaluation of any proposed area, any comment should provide the 
geographic boundaries of the area, a list of species of concern in the 
area, the basis or rationale for considering the area (e.g., the 
biologically important activities taking place for each species), 
seasonal importance if relevant, and citations to any relevant 
published literature for the area. The listing of OBIAs is provided in 
the current Final Rule (50 CFR 216.184).
    Federal, state and local agencies, interested organizations and 
individuals are encouraged to participate in the scoping process for 
the SEIS/SOEIS. All scoping comments must be postmarked within 45 days 
from the publication of this notice in the Federal Register and 
submitted to: Chief of Naval Operations, Code N872A, c/o SURTASS LFA 
Sonar SEIS/SOEIS Program Manager, 4100 Fairfax Drive, Suite 730, 
Arlington, Virginia 22203; or e-mail: [email protected].
    Additional information concerning SURTASS LFA Sonar and pertinent 
environmental documents is available at: http://www.surtass-lfa-eis.com.

    Dated: January 8, 2009.
A.M. Vallandingham,
Lieutenant Commander, Judge Advocate General's Corps, U.S. Navy, 
Federal Register Liaison Officer.
[FR Doc. E9-1041 Filed 1-16-09; 8:45 am]
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