17 February 1998
Source: http://www.access.gpo.gov/su_docs/aces/aces140.html

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[Federal Register: February 17, 1998 (Volume 63, Number 31)]
[Notices]
[Page 7764-7771]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr17fe98-73]

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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.

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[[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:
    <bullet> June 9, 1994 from 7:30 pm to 9:30 pm at the Community
Center in La Parguera, Lajas, PR; and
    <bullet> 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:
    <bullet> November 27, 1995 hearing at the Multiple Services Center,
Vieques, PR.
    <bullet> November 29, 1995 at the Municipal Theater, Lajas.
    <bullet> December 6, 1995 at the Municipal Theater, Lajas, PR.
    <bullet> 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:
    <bullet> The transmitter and receiver sites must be separated by 50
to 100 miles (mi) (80 to 160 kilometers [km]) to permit bistatic
operation;
    <bullet> The sites must be generally level, for operational
purposes of the antenna array; and
    <bullet> 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.
    <bullet> 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.
    <bullet> 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.
    <bullet> 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.
    <bullet> 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).
    <bullet> 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 blountld@efdlant.navfac.navy.mil 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
