52972 Federal Register / Vol. 73, No. 178 / Friday, September 12, 2008 / Notices 

on September 12, 2008. The public 

comment period will end on October 27, 

2008. Copies of the Navy CHPT Draft 

EIS/OEIS are available for public review 

at the following libraries: Hatteras 

Library, 57690 NC Highway 12, 

Hatteras, NC; New Hanover County 

Library, 201 Chestnut Street, 

Wilmington, NC; Webb Memorial 

Library Center, 812 Evans Street, 

Morehead City, NC; Onslow County 

Library, 58 Doris Avenue East, 

Jacksonville, NC; Kill Devil Hills Branch 

Library, 400 S. Mustian St., Kill Devil 

Hills, NC; Havelock-Craven County 

Public Library, 301 Cunningham 

Boulevard, Havelock, NC. The Navy 

CHPT Draft EIS/OEIS is also available 

for electronic public viewing at: http:// 

www.navycherrypointrange

complexeis.com/. 

A paper copy of the Executive 

Summary or a single CD with the Navy 

CHPT Draft EIS/OEIS will be made 

available upon written request by 

contacting Naval Facilities Engineering 

Command, Atlantic Division; Attention: 

Code EV22SA (Navy CHPT EIS/OEIS 

PM); 6506 Hampton Blvd.; Norfolk, VA 

23508–1278. Facsimile: 757–322–4894. 

Federal, State, and local agencies and 

interested parties are invited to be 

present or represented at the public 

hearing. Written comments can also be 

submitted during the open house 

sessions preceding the public hearings. 

Oral statements will be heard and 

transcribed by a stenographer; however, 

to ensure the accuracy of the record, all 

statements should be submitted in 

writing. All statements, both oral and 

written, will become part of the public 

record on the Draft EIS/OEIS and will be 

responded to in the Final EIS/OEIS. 

Equal weight will be given to both oral 

and written statements. In the interest of 

available time, and to ensure all who 

wish to give an oral statement have the 

opportunity to do so, each speaker’s 

comments will be limited to three (3) 

minutes. If a long statement is to be 

presented, it should be summarized at 

the public hearing with the full text 

submitted either in writing at the 

hearing, or mailed or faxed to Naval 

Facilities Engineering Command, 

Atlantic Division; Attention: Code 

EV22SA (Navy CHPT EIS/OEIS PM); 

6506 Hampton Blvd.; Norfolk, VA 

23508–1278. Facsimile: 757–322–4894. 

In addition, comments may be 

submitted on-line at http://www.navy

cherrypointrangecomplexeis.com/ 

during the comment period. All written 

comments must be postmarked by 

October 27, 2008 to ensure they become 

part of the official record. All comments 

will be addressed in the Final EIS/OEIS. 

Dated: September 3, 2008. 

T. M. Cruz, 

Lieutenant Commander, Judge Advocate 

General’s Corps, U.S. Navy, Federal Register 

Liaison Officer. 

[FR Doc. E8–21342 Filed 9–11–08; 8:45 am] 

BILLING CODE 3810–FF–P 

DEPARTMENT OF DEFENSE 

Department of the Navy 

Notice of Public Hearings for the 

Undersea Warfare Training Range 

Draft Overseas Environmental Impact 

Statement/Environmental Impact 

Statement 

AGENCY: Department of the Navy, DoD. 

ACTION: Notice. 

SUMMARY: Pursuant to section 102(2)(c) 

of the National Environmental Policy 

Act (NEPA) of 1969 and regulations 

implemented by the Council on 

Environmental Quality (40 CFR parts 

1500–1508), and Executive Order (EO) 

12114, Environmental Effects Abroad of 

Major Federal Actions, the Department 

of the Navy (Navy) has prepared and 

filed with the U.S. Environmental 

Protection Agency a Draft Overseas 

Environmental Impact Statement/ 

Environmental Impact Statement (OEIS/ 

EIS) on September 12, 2008. The 

National Marine Fisheries Service 

(NMFS) is a Cooperating Agency for the 

OEIS/EIS. 

The Draft OEIS/EIS evaluates the 

potential environmental impacts of the 

construction and operation of an 

Undersea Warfare Training Range 

(USWTR) associated with Navy Atlantic 

Fleet training activities. The 

construction of the proposed USWTR 

would entail the instrumentation of a 

500-square nautical mile (NM2) area of 

the sea floor with undersea cables and 

sensor nodes, connected to the shore via 

a single trunk cable. 

The western edge of the range would 

be located approximately 50 NM off the 

coast of Jacksonville, FL. The USWTR 

would allow ships, submarines, and 

aircraft to perform anti-submarine 

warfare (ASW) training in littoral, or 

near shore, waters. A Notice of Intent 

(NOI) for the OEIS/EIS was published in 

the Federal Register on May 13, 1996 

(Federal Register, Volume 61, No. 93, 

pp 22028). A Revised NOI for this Draft 

OEIS/EIS and Notice of Request for 

Public Scoping Comments were 

published in the Federal Register on 

September 21, 2007 (Federal Register, 

Volume 72, No. 183, pp 54015–54016). 

The Navy will conduct four public 

hearings to receive oral and written 

comments on the Draft OEIS/EIS. 

Federal agencies, state agencies, local 

agencies, and interested individuals are 

invited to be present or represented at 

the public hearings. This notice 

announces the dates and locations of the 

public hearings for this Draft OEIS/EIS. 

An open house session will precede 

the scheduled public hearing at each of 

the locations listed below and will 

allow individuals to review the 

information presented in the USWTR 

Draft OEIS/EIS. Navy representatives 

will be available during the open house 

sessions to clarify information related to 

the Draft OEIS/EIS. 

Dates and Addresses: Public hearings 

will be held on the following dates and 

times at the following locations: 

1. September 29, 2008, at the 

Chincoteague Center (open house poster 

session from 4 p.m. to 7 p.m. and formal 

hearing from 7 p.m. to 9 p.m.), 6155 

Community Drive, Chincoteague, VA; 

2. October 1, 2008 at the Crystal Coast 

Civic Center (open house poster session 

from 6 p.m. to 8 p.m. and formal hearing 

from 8 p.m. to 10 p.m.), 3505 Arendell 

Street, Morehead City, NC; 

3. October 6, 2008 at the Sheraton 

North Charleston—Convention Center 

(open house poster session from 5 p.m. 

to 7 p.m. and formal hearing from 7 p.m. 

to 9 p.m.), 4770 Goer Drive, North 

Charleston, SC; 

4. October 7, 2008 at the University of 

North Florida—University Center (open 

house poster session from 5 p.m. to 7 

p.m. and formal hearing from 7 p.m. to 

9 p.m.), 12000 Alumni Drive, 

Jacksonville, FL. 

FOR FURTHER INFORMATION CONTACT: 

Naval Facilities Engineering Command, 

Atlantic, Attention: EV22LL (USWTR 

OEIS/EIS Program Manager (PM)), 6506 

Hampton Boulevard, Norfolk, Virginia 

23508–1278; facsimile: 804–200–5568 

or http://projects.earthtech.com/uswtr/. 

SUPPLEMENTARY INFORMATION: The 

purpose for the proposed action is to 

enable the U.S. Navy to train effectively 

in a shallow water environment (120 to 

900 feet in depth) at a suitable location 

for Atlantic Fleet ASW capable units. 

The need for the proposed action is to 

provide range capabilities for training 

and equipping combat-capable naval 

forces ready to deploy worldwide. In 

this regard, the USWTR furthers the 

Navy’s execution of its Congressionallymandated roles and responsibilities 

under Title 10 U.S.C 5062. Training on 

the USWTR would ensure this 

Congressional mandate is implemented 

by allowing the Navy to: effectively 

equip its forces for deployment to 

littoral areas worldwide, such as the 

Arabian Sea; use active sonar to assist 

in the detection of extremely quiet 


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Federal Register / Vol. 73, No. 178 / Friday, September 12, 2008 / Notices 52973 

modern diesel submarines; and train 

with the actual sensors and weapons 

systems used in combat to mimic 

realistic wartime conditions. 

The Draft OEIS/EIS evaluates the 

potential impacts of five alternatives for 

USWTR including the No Action 

Alternative. The alternatives were 

evaluated in the Draft OEIS/EIS to 

ensure they met the purpose and need, 

giving due consideration to the 

following: physiographic features (water 

depth, range area length/width ratio, 

shallow/deep water depth ratio, and 

range orientation to the shoreline), 

adequacy of support infrastructure 

(shore landing site for trunk cable and 

helicopter training and recovery 

support), climatological criteria 

(visibility, wind speeds, and wave 

height), proximity to homeports/air 

stations (helicopter, submarine, and 

surface ship homeports), range 

installation and use (commercial 

fishing, ocean currents, and bottom 

type), and non-critical support 

infrastructure (air space control, shore 

landing site, and proximity to docking 

facility for range support craft). 

These alternatives include: The No 

Action Alternative, under which no 

USWTR would be installed off the east 

coast of the U.S., although ASW 

training, including active sonar 

activities, would continue across Navy 

operating areas (OPAREAs) and adjacent 

areas; Site A (Preferred Alternative) 

which would be located offshore of 

northeastern Florida in the Jacksonville 

OPAREA; Site B, located offshore of 

Charleston, South Carolina in the 

Charleston OPAREA; Site C, located 

offshore of southeastern North Carolina, 

within the Cherry Point OPAREA; and 

Site D, located offshore of the 

northeastern coast of Virginia in the 

VACAPES OPAREA. Two alternative 

sites, Gulf of Mexico and Gulf of Maine, 

were eliminated from further 

consideration because of distance and 

climatology. 

The Draft OEIS/EIS analyzed potential 

impacts on multiple resources 

including, but not limited to: The 

marine environment; biological 

resources, including threatened and 

endangered species; and socioeconomic 

resources. No significant adverse 

impacts were identified for any resource 

area for any of the alternatives that 

cannot be mitigated, with the exception 

of exposure of marine mammals to 

underwater sound. 

The Navy has applied to NMFS under 

the Marine Mammal Protection Act for 

a Letter of Authorization and governing 

regulations to authorize incidental takes 

of marine mammals that may result 

from operation of the proposed USWTR. 

The Navy is consulting with NMFS 

under section 7 of the Endangered 

Species Act on the potential for effects 

on sea turtles from installation and 

operation of the proposed range. 

The USWTR Draft OEIS/EIS was 

distributed to Federal, State, and local 

agencies, elected officials, and other 

interested individuals and organizations 

on September 12, 2008. The public 

comment period will end on October 27, 

2008. Copies of the USWTR Draft OEIS/ 

EIS are available for public review at the 

following libraries: Chincoteague Island 

Library, 4077 Main Street, 

Chincoteague, VA; Eastern Shore Public 

Library, 23610 Front Street, Accomac, 

VA; Virginia Beach Central Library, 

4100 Virginia Beach Boulevard, Virginia 

Beach, VA; Worcester County Library, 

Ocean City Branch, 200 14th Street, 

Ocean City, MD; Wicomico County Free 

Library, 122 South Division Street, 

Salisbury, MD; Carteret County Public 

Library, 210 Turner Street, Beaufort, NC; 

Onslow County Public Library, 58 Doris 

Avenue East, Jacksonville, NC; 

Charleston County Library, 68 Calhoun 

Street, Charleston, SC; and Jacksonville 

Public Library, Regency Square Branch, 

9900 Regency Boulevard, Jacksonville, 

FL. 

The USWTR Draft OEIS/EIS is also 

available for electronic public viewing 

at http://projects.earthtech.com/uswtr/. 

A paper copy of the Executive Summary 

or a single CD with the USWTR Draft 

OEIS/EIS will be made available upon 

written request by contacting Naval 

Facilities Engineering Command, 

Atlantic Division; Attention: Code 

EV22LL (USWTR OEIS/EIS PM); 6506 

Hampton Blvd; Norfolk, VA 23508– 

1278. Facsimile: 804–200–5568. 

Federal, State, and local agencies and 

interested parties are invited to be 

present or represented at the public 

hearing. Written comments can also be 

submitted during the open house 

sessions preceding the public hearings. 

Oral statements will be heard and 

transcribed by a stenographer; however, 

to ensure the accuracy of the record, all 

statements should be submitted in 

writing. All statements, both oral and 

written, will become part of the public 

record on the Draft OEIS/EIS and will be 

responded to in the Final OEIS/EIS. 

Equal weight will be given to both oral 

and written statements. In the interest of 

available time, and to ensure all who 

wish to give an oral statement have the 

opportunity to do so, each speaker’s 

comments will be limited to three (3) 

minutes. If a long statement is to be 

presented, it should be summarized at 

the public hearing with the full text 

submitted either in writing at the 

hearing, or mailed or faxed to Naval 

Facilities Engineering Command, 

Atlantic Division; Attention: Code 

EV22LL (USWTR OEIS/EIS PM); 6506 

Hampton Blvd; Norfolk, VA 23508– 

1278. Facsimile: 804–200–5568. 

In addition, comments may be 

submitted on-line at http:// 

projects.earthtech.com/uswtr/ during 

the comment period. All written 

comments must be postmarked by 

October 27, 2008 to ensure they become 

part of the official record. All comments 

will be addressed in the Final OEIS/EIS. 

Dated: September 5, 2008. 

T. M. Cruz, 

Lieutenant Commander, Judge Advocate 

General’s Corps, U.S. Navy, Federal Register 

Liaison Officer. 

[FR Doc. E8–21344 Filed 9–11–08; 8:45 am] 

BILLING CODE 3810–FF–P 

DEPARTMENT OF EDUCATION 

Arbitration Panel Decision Under the 

Randolph-Sheppard Act 

AGENCY: Department of Education. 

ACTION: Notice of arbitration panel 

decision under the Randolph-Sheppard 

Act. 

SUMMARY: The Department of Education 

(Department) gives notice that on 

December 5, 2007, an arbitration panel 

rendered a decision in the matter of 

Hawaii Department of Human Services, 

Vocational Rehabilitation and Services 

for the Blind Division v. United States 

Department of Defense, Department of 

the Navy (Case No. R-S/06–4). This 

panel was convened by the Department 

under 20 U.S.C. 107d-1(b), after the 

Department received a complaint filed 

by the petitioner, the Hawaii 

Department of Human Services, 

Vocational Rehabilitation and Services 

for the Blind Division. 

FOR FURTHER INFORMATION CONTACT: You 

may obtain a copy of the full text of the 

arbitration panel decision from Suzette 

E. Haynes, U.S. Department of 

Education, 400 Maryland Avenue, SW., 

room 5022, Potomac Center Plaza, 

Washington, DC 20202–2800. 

Telephone: (202) 245–7374. If you use a 

telecommunications device for the deaf 

(TDD), you may call the Federal Relay 

Service (FRS) at 1–800–877–8339. 

Individuals with disabilities may 

obtain this document in an alternative 

format (e.g., Braille, large print, 

audiotape, or computer diskette) on 

request to the contact person listed 

under FOR FURTHER INFORMATION

CONTACT. 

SUPPLEMENTARY INFORMATION: Under 

section 6(c) of the Randolph-Sheppard 


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