[Federal Register Volume 83, Number 156 (Monday, August 13, 2018)]
[Notices]
[Pages 39988-39989]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-17225]


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DEPARTMENT OF COMMERCE

National Telecommunications and Information Administration

First Responder Network Authority

[Docket Number 131219999-8730-04]
RIN 0660-XC009


Withdrawal of Notice of Intent To Prepare Supplemental 
Environmental Impact Statements and Amendment of Record of Decisions 
for Programmatic Environmental Impact Statements

AGENCY: First Responder Network Authority, National Telecommunications 
and Information Administration, U.S. Department of Commerce.

ACTION: Notice of intent; withdrawal.

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SUMMARY: The First Responder Network Authority (FirstNet Authority) is 
(1) withdrawing its Notice of Intent to Prepare Supplemental 
Programmatic Environmental Impact Statements (SPEISs) and Conduct 
Scoping for the Nationwide Public Safety Broadband Network (NPSBN), and 
(2) amending five (5) records of decision to remove the references to 
the FirstNet Authority's intent to prepare the SPEISs.

FOR FURTHER INFORMATION CONTACT: Eli Veenendaal, First Responder 
Network Authority, National Telecommunications and Information 
Administration, U.S. Department of Commerce, 3122 Sterling Circle, 
Suite 100, Boulder, CO 80301 or [email protected].

SUPPLEMENTARY INFORMATION: 
    The Middle Class Tax Relief and Job Creation Act of 2012 (47 U.S.C. 
1401 et seq.) created and authorized the FirstNet Authority to take all 
actions necessary to ensure the building, deployment, and operation of 
an interoperable NPSBN. As part of NPSBN deployment, the FirstNet 
Authority is required to comply with the National Environmental Policy 
Act of 1969 (42 U.S.C. 4321 et seq.) (NEPA) and the implementing 
regulations issued by the Council on Environmental Quality (40 CFR 
parts 1500-1508) (CEQ Regulations) to assess the environmental effects 
of its proposed actions prior to making a final decision and 
implementing the action.
    To support NEPA compliance, the FirstNet Authority prepared and 
finalized five regional programmatic environmental impact statements 
(PEISs) that analyze the potential environmental impacts of the 
deployment and operation of the NPSBN at a programmatic level.\1\ 
However, prior to completing the PEISs and issuing corresponding 
records of decision (RODs), the FirstNet Authority was still in the 
process of revising the FirstNet Authority Procedures for Implementing 
the National Environmental Policy Act (FirstNet Authority NEPA 
Procedures) and identified a potential need to account for these 
changes in the PEISs and RODs.\2\
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    \1\ Notice of Availability of a Final Programmatic Environmental 
Impact Statement for the East Region of the Nationwide Public Safety 
Broadband Network, 82 FR 49785 (Oct. 27, 2017); See also Notice of 
Availability of a Final Programmatic Environmental Impact Statement 
for the South Region of the Nationwide Public Safety Broadband 
Network, 82 FR 45806 (Oct. 5, 2017); See also Notice of Availability 
of a Final Programmatic Environmental Impact Statement for the 
Central Region of the Nationwide Public Safety Broadband Network, 82 
FR 41594 (Sept. 1, 2017); Notice of Availability of a Final 
Programmatic Environmental Impact Statement for the West Region of 
the Nationwide Public Safety Broadband Network, 82 FR 33870 (July 
21, 2017); Notice of Availability of a Final Programmatic 
Environmental Impact Statement for the Non-Contiguous Region of the 
Nationwide Public Safety Broadband Network, 82 FR 29825 (June 30, 
2017).
    \2\ Revised National Environmental Policy Act Procedures and 
Categorical Exclusions, 82 FR 28621 (June 23, 2017) (proposing and 
seeking public comment on revised FirstNet Authority Procedures for 
Implementing NEPA).
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    Consequently, on September 25, 2017, the FirstNet Authority 
published a notice of intent (NOI) in the Federal Register to prepare 
SPEISs to address the potential impact of the FirstNet Authority NEPA 
Procedures as well as the process the FirstNet Authority would follow 
to assess potential environmental impacts of the NPSBN deployment at 
the site specific-level.\3\ Similarly, the FirstNet Authority also 
included comparable language relating to its intent to prepare SPEISs 
in each of the RODS.\4\
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    \3\ Notice of Intent To Prepare a Supplemental Programmatic 
Environmental Impact Statement and Conduct Scoping for the 
Nationwide Public Safety Broadband Network, 82 FR 44556 (Sept. 25, 
2017).
    \4\ FirstNet Authority, Final Programmatic Environmental Impact 
Statement and Record of Decisions for West Region, Central Region, 
South Region, East Region, and Non-Contiguous Region, https://website.azurewebsites.us/network/peis-content (discussing the intent 
to prepare a SPEIS in section 3.4.1--Tiered Site Specific Analysis 
of each ROD).
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    Subsequently, on February 1, 2018, following the issuance of the 
NOI and RODs for each region, the FirstNet Authority completed the 
regulatory process for and published in the Federal Register a notice 
responding to comments and finalizing its proposed modifications to the 
FirstNet Authority NEPA Procedures.\5\ The revised FirstNet

[[Page 39989]]

Authority NEPA Procedures describe the process and review criteria the 
FirstNet Authority will follow to comply with NEPA and CEQ Regulations 
for proposed actions related to NPSBN deployment.\6\ In particular, the 
FirstNet Authority NEPA Procedures define the roles and 
responsibilities of the FirstNet Authority and its applicants and 
describe the criteria and process for determining the appropriate level 
of NEPA review and making environmental determinations and final 
decisions for site-specific reviews of FirstNet Authority actions 
related to the NPSBN.\7\
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    \5\ Revised National Environmental Policy Act Procedures and 
Categorical Exclusions, 83 FR 4632 (Feb. 1, 2018) (responding to 
comments and finalizing revisions to FirstNet Authority Procedures 
for Implementing NEPA).
    \6\ FirstNet Procedures for Implementing the National 
Environmental Policy Act (January 2018), https://www.firstnet.gov/content/notice-revised-national-environmental-policy-act-procedures-and-categorical-exclusions.
    \7\ See id.
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    Accordingly, the FirstNet Authority has reviewed and determined 
that the revisions to the FirstNet Authority NEPA Procedures do not 
significantly impact any of the environmental analyses in the PEISs and 
that the information anticipated to be presented in the SPEISs related 
to the process for conducting site-specific reviews has already been 
sufficiently included in the revised FirstNet Authority Implementing 
Procedures. Thus, to avoid duplicative analysis and the unnecessary use 
of resources, the FirstNet Authority is (1) withdrawing its Notice of 
Intent to Prepare SPEISs and Conduct Scoping for the NPSBN, and (2) 
amending five (5) records of decision to remove the references to the 
FirstNet Authority's intent to prepare SPEISs, including section 
3.4.1--Tiered Site Specific Analysis, in each of the documents.\8\
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    \8\ The amended RODs for each of five regions are available at 
www.firstnet.gov.

    Dated: August 7, 2018.
Elijah Veenendaal,
Attorney-Advisor, First Responder Network Authority.
[FR Doc. 2018-17225 Filed 8-10-18; 8:45 am]
 BILLING CODE 3510-TL-P