[Federal Register Volume 83, Number 22 (Thursday, February 1, 2018)]
[Notices]
[Pages 4632-4636]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-02020]
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DEPARTMENT OF COMMERCE
National Telecommunications and Information Administration
[Docket Number: 131219999-7305-03]
RIN 0660-XC009
First Responder Network Authority; Revised National
Environmental Policy Act Procedures and Categorical Exclusions
AGENCY: First Responder Network Authority, National Telecommunications
and Information Administration, U.S. Department of Commerce.
ACTION: Notice.
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SUMMARY: The First Responder Network Authority (``FirstNet'') publishes
this notice of its final procedures for implementing the National
Environmental Policy Act (``NEPA''). The final procedures include a
revised list of, and replace, previously established categorical
exclusions (``CEs'') and extraordinary circumstances.
DATES: These procedures take effect as of February 1, 2018.
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:
I. Background
The Middle Class Tax Relief and Job Creation Act of 2012 (47 U.S.C.
1401 et seq.) (the ``Act'') established the First Responder Network
Authority (``FirstNet'') as an independent authority within the
National Telecommunications and Information Administration (``NTIA'').
FirstNet's statutory mission is to take all actions necessary to ensure
the establishment of a nationwide public safety broadband network
(``NPSBN'').\1\ Moreover, the Act meets a long-standing and critical
national infrastructure need to create a single, nationwide
interoperable network that will, for the first time, allow public
safety entities such as police officers, fire fighters, emergency
medical service professionals, and other public safety personnel to
effectively communicate with each other across agencies and
jurisdictions.
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\1\ 47 U.S.C. 1426(b).
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On April 28, 2014, FirstNet, as a newly created federal entity,
published a notice in the Federal Register finalizing its NEPA
implementing procedures.\2\ These NEPA implementing procedures provided
the framework for FirstNet's establishment of a NEPA compliance program
and for applying the appropriate level of NEPA review for major federal
actions related to the deployment of the NPSBN. More specifically,
FirstNet's NEPA implementing procedures supplemented the Council on
Environmental Quality (``CEQ'') regulations and provided guidance to
FirstNet employees and potential Applicants regarding the procedural
requirements for the application of NEPA.\3\
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\2\ FirstNet, National Environmental Policy Act Implementing
Procedures and Categorical Exclusions, 79 FR 23,950 (April 29,
2014).
\3\ The term ``Applicant'' means any person, entity, or federal,
state, tribal, or territorial government body that seeks to take an
action related to the Nationwide Public Safety Broadband Network
(NPSBN) or an action that is otherwise under the direct control and
responsibility of FirstNet, including, but not limited to, actions
that occur under any type of agreement related to the use of the
spectrum licensed to FirstNet under station license call sign
WQQE234, or actions requiring the approval of or funding provided by
FirstNet.
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As it has continued to mature as an organization, FirstNet has
identified the need to modify its NEPA implementing procedures and
revise its list of categorical exclusions and extraordinary
circumstances (CEs) to ensure that such procedures better align with
FirstNet's statutory mission and activities related to the deployment
of the NPSBN, as well as better assist FirstNet in complying with NEPA
as well as CEQ and Federal Communications Commission (``FCC'')
regulations. More specifically, FirstNet, as both an independent
federal authority and a licensee of the FCC, must satisfy its own NEPA
obligations as well as comply with FCC-promulgated NEPA procedures.\4\
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\4\ See generally 40 CFR 1507.3 (stating federal agencies with
overlapping NEPA requirements related to the same project are
encouraged to streamline their NEPA implementing procedures to avoid
duplicative NEPA review).
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Accordingly, on June 23, 2017, FirstNet published for comment
proposed revisions to its NEPA implementing procedures and
[[Page 4633]]
categorical exclusions.\5\ Publication of the notice began a 30-day
comment period that ended on July 24, 2017. Comments were received from
three (3) sources, consisting of the U.S. Department of the Interior
(``DOI'') and two private citizens. A complete set of comments filed in
response to the Revised First Responder Network Authority: National
Environmental Policy Act Implementing Procedures and Categorical
Exclusions may be viewed at https://www.regulations.gov/docketBrowser?rpp=25&po=0&dct=PS&D=FIRSTNET-2017-0001&refD=FIRSTNET-2017-0001-0001. The final procedures are available for review at
www.firstnet.gov.
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\5\ FirstNet, Revised National Environmental Policy Act
Implementing Procedures and Categorical Exclusions, 82 FR 28,621
(June 23, 2017).
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FirstNet consulted with the CEQ on the proposed and final revisions
to its NEPA implementing procedures and CEs. The CEQ issued a letter
stating that it has reviewed the revised procedures, including CEs, and
found it to be in conformity with NEPA and CEQ regulations.\6\
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\6\ See CEQ FirstNet Conformity Letter (January 29, 2018)
available at www.firstnet.gov.
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II. Comments and Agency Responses
Comments on the proposed procedures and categorical exclusions
included several similar positions, inquiries both within and outside
the scope of the procedures, and recommendations stemming from the
proposed procedural revisions and categorical exclusions. FirstNet has
carefully considered each of the comments submitted, grouped and
summarized the comments by issues raised, and responded accordingly.
A. Use of Existing Infrastructure
Comment: One commenter recommended deploying network infrastructure
on lands that have already been commercially developed to help mitigate
the environmental impact of network deployment on public lands.
Response: FirstNet agrees with the comment, and, consistent with
the recommendation and its mandate under the Act, has sought and
entered into an agreement to utilize, to the maximum extent
economically desirable, existing commercial or other communications
infrastructure in the establishment of the NPSBN.\7\
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\7\ 47 U.S.C. 1426(b).
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B. Use of Plain Language
Comment: One commenter expressed concern that the references in the
proposed procedures to the FCC regulations are unclear, and that the
actual proposed changes and process are not written in ``plain
English'' as required by law.
Response: FirstNet disagrees that its revised NEPA procedures do
not conform to the plain language requirements established by the Plain
Writing Act of 2010 (5 U.S.C. 301 et seq.) (``PWA'') and reiterates
that the references to the FCC regulations are necessary to support its
compliance with both NEPA and FCC environmental rules.
The PWA defines the term ``plain writing'' to mean writing that is
clear, concise, well-organized, and follows best practices appropriate
to the subject or field and intended audience.\8\ In drafting the
revised NEPA procedures, FirstNet sought to follow established plain
language guidelines, including those promulgated by the Department of
Commerce and those developed by the Office of Management and Budget to
provide the agency's guidance for complying with the PWA.\9\ In
accordance with the PWA and relevant guidelines, FirstNet's
implementing procedures were drafted in a manner that sought to follow
best practices appropriate to the subject or field and intended
audience.
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\8\ 5 U.S.C. 301.3.
\9\ See Department of Commerce PLAIN Language, available at
https://www.commerce.gov/page/department-commerce-plain-language;
See also Federal Plain Language Guidelines, available at http://www.plainlanguage.gov/howto/guidelines/FederalPLGuidelines/FederalPLGuidelines.pdf.
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In particular, FirstNet, as both a Federal entity and an FCC
spectrum licensee, drafted the revised procedures to align its
responsibility to comply with NEPA with the requirements placed upon it
as an FCC licensee.\10\ Consequently, FirstNet's NEPA implementing
procedures, including the references to the FCC regulations, are
primarily intended to inform FirstNet's personnel and applicants, as
defined in its NEPA implementing procedures, of FirstNet's process for
complying with NEPA and CEQ regulations while also complying with FCC
regulations. Accordingly, FirstNet's use of, and references to, the FCC
regulations in the revised implementing procedures are necessary to
ensure that FirstNet's implementing procedures align with the FCC
environmental rules that are already applicable to FirstNet.
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\10\ See 47 U.S.C. 1421(a) (consistent with this provision, the
FCC granted an exclusive license to FirstNet for the use of the 700
MHz D block spectrum under Call Sign WQQE234 on November 15, 2012).
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C. Protections for Migratory Birds
Comment: Two commenters, consisting of the DOI and one private
citizen, focused their comments on whether the revised procedures
include sufficient environmental review requirements to protect
migratory birds. In particular, the DOI requested that FirstNet's
procedures include a process for ensuring compliance with the Bald and
Golden Eagle Protection Act (``BGEPA''), Migratory Bird Treaty Act
(``MBTA''), and Executive Order (E.O.) 13186, Responsibilities of
Federal Agencies to Protect Migratory Birds.
Response: FirstNet acknowledges the comments and asserts its
revised NEPA implementing procedures sufficiently consider
environmental resources, as well as support compliance with
environmental statutes and regulations that are applicable to the
deployment of the NPSBN, including those related to migratory birds. In
particular, FirstNet's revised NEPA implementing procedures include,
among other statutory and regulatory references, specific language
identifying the BGEPA, and MBTA as well as E.O. 13186, Responsibilities
of Federal Agencies to Protect Migratory Birds as areas, that should be
considered, as appropriate, as part of a NEPA review. For example, the
section entitled ``Environmental Review and Consultation Requirements
for NEPA Review,'' requires FirstNet to prepare NEPA documents
concurrently and integrated with environmental analyses and related
surveys and studies required by applicable environmental laws and E.O.,
including the BGEPA and MBTA.\11\ Similarly, Appendix D specifies that
during the development of a NEPA review, FirstNet should consider the
applicability of BGEPA, MBTA, and E.O. 13186, Responsibilities of
Federal Agencies to Protect Migratory Birds as part of a NEPA
review.\12\
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\11\ FirstNet, National Environmental Policy Act Implementing
Procedures (Revised June 2017) available at https://www.firstnet.gov/sites/default/files/FirstNet%20Revised%20Implementing%20Procedures%20%0;28Updated%20June%
202017%29.pdf.
\12\ See FirstNet, Procedures for Implementing the National
Environmental Policy Act, Appendix A--List of Authorities, available
at https://www.firstnet.gov/sites/default/files/FirstNet%20Revised%20Implementing%20Procedures%20%28Updated%20June%202017%29.pdf.
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FirstNet originally added and has retained the references to these
statutes based on previous comments from the DOI.\13\ Accordingly,
FirstNet's NEPA review process, inclusive of the existing language
related to MBTA and BGEPA, adequately accounts for the resources
protected by these statutes and regulations when applicable to a
[[Page 4634]]
FirstNet proposed action subject to NEPA review.
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\13\ FirstNet, National Environmental Policy Act Implementing
Procedures and Categorical Exclusions, 79 FR 23,950, 23,953 (April
29, 2014).
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Comment: The DOI recommended that FirstNet's NEPA implementing
procedures should be explicitly more protective of migratory birds than
the FCC's procedures. The DOI states that the FCC does not ``authorize
or approve'' the siting of towers, and therefore does not have as great
a need for procedures for site-specific environmental review and
compliance. DOI argues that in contrast to the FCC, FirstNet has a
``greater degree of authority and responsibility for siting of
communication towers and is conducting several related Environmental
Impact Statements.'' Consequently, DOI argues that FirstNet's
procedures should ``be explicitly more protective'' of migratory birds.
Response: FirstNet disagrees with both the DOI's: (1) Assertion
that FirstNet has greater degree of authority for siting of
communications towers than the FCC and (2) recommendation that
FirstNet's NEPA implementing procedures should be explicitly more
protective of migratory birds than those of the FCC.
First, in regard to the siting of communication towers, the DOI
appears to be confused about the statutory roles of both FirstNet and
the FCC and the nature of the relationship between the agencies. The
FCC, not FirstNet, is the federal agency primarily responsible for
implementing and enforcing the nation's communications law and
regulations, including the management and licensing of the
electromagnetic spectrum for commercial use.\14\ As part of its
responsibilities, the FCC requires its licensees and registrants
conducting tower or antenna siting activities (e.g., building a new
tower or collocating on an existing structure) to comply with FCC rules
for environmental review.\15\ These rules ensure that licensees and
registrants take appropriate measures to protect environmental and
historic resources, support FCC compliance with its obligations under
NEPA and other applicable environmental laws and regulations, and
consider the potential environmental impact of their actions.\16\
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\14\ See generally Communication Act of 1934 (47 U.S.C. 151 et.
seq.); see generally also FCC website available at https://www.fcc.gov/about-fcc/what-we-do.
\15\ Id.
\16\ Id.
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FirstNet, as a point of fact, is a licensee of the FCC and is
subject to FCC environmental rules, including those related to tower
and antenna siting.\17\ FirstNet's authority is, therefore, limited to
its express statutory mission to ensure the establishment of the NPSBN
which is not greater than, but, rather, subject to, applicable FCC
rules and regulations, including those environmental rules applicable
to tower and antenna siting. Accordingly, the DOI's comments that
FirstNet has a greater degree of authority for siting communications
towers than the FCC is incorrect.
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\17\ See 47 U.S.C. 1421(a).
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Furthermore, as mentioned above, FirstNet asserts that its revised
NEPA implementing procedures sufficiently consider environmental
resources under NEPA and support compliance with environmental statutes
and regulations applicable to the deployment of the NPSBN. FirstNet
disagrees with DOI that it must have environmental review standards
explicitly more protective of migratory birds than those of the FCC as
such requirements would jeopardize FirstNet's ability to fulfill its
statutory mission.
FirstNet's statutory mission, as previously stated, is to ensure
the establishment of the NPSBN, and in doing so, make efforts to speed
the deployment of the network in order to make services available for
public safety entities.\18\ In addition, FirstNet is required to be a
permanent self-funding entity that supports its operations and network
deployment primarily through the assessment of various fees.\19\
Consequently, to help ensure successful network deployment and ongoing
operations, FirstNet, in accordance with its enabling legislation,
entered into a public-private arrangement to build, operate, and
maintain the NPSBN.\20\ As a result, the NPSBN will be built, owned,
and operated by a private company as a commercial wireless
telecommunications network and must compete in the open market for
public safety entity customers.
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\18\ See generally 47 U.S.C. 1426(b).
\19\ See 47 U.S.C. 1428(b).
\20\ See generally 47 U.S.C. 1426(b), 1428(a)(2).
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To that end, additional environmental requirements above and beyond
those legally required of all FCC licensees would likely disadvantage
FirstNet in its efforts to provide timely and competitively priced
services to public safety entities due to the addition of unnecessary
costs and subsequent delays in network deployment stemming from these
requirements. As a result, FirstNet's ability to meet it statutory
mandate and establish and ensure the on-going viability of an
interoperable, nationwide broadband network for public safety would be
put at significant risk. Accordingly, because the revisions to
FirstNet's NEPA implementing procedures comply with NEPA and CEQ
regulations, as well as existing FCC environmental rules applicable to
other licensees, the revised NEPA implementing procedures are
sufficient to account for environmental resources, such as migratory
birds, that may be impacted by network deployment.
D. Scope of Term ``Wildlife Preserve''
Comment: The DOI stated that ``wildlife preserve'' is not a term
defined or used for lands managed by DOI. The DOI argued that
FirstNet's use of this term in its procedures creates ambiguity
regarding whether ``wildlife preserve'' includes National Park Systems
units, many of which protect wildlife species. In particular, the DOI
recommended FirstNet not remove the original language that identifies
the scope of environmentally sensitive areas, and suggested that
FirstNet continue to include explicit language accounting for Fish and
Wildlife Refuge lands.
Response: FirstNet acknowledges the comment, but believes the use
of the term ``wildlife preserve'' in concert with the other newly
established extraordinary circumstances in its NEPA procedures
sufficiently encompasses a proposed action that would fall within the
jurisdiction of another federal agency, including National Park Systems
units.\21\
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\21\ In response to DOI's comment the term ``environmental
sensitive areas'' as used in its implementing procedures was not
based on any express statutory definition promulgated by DOI or any
other agency.
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More specifically, FirstNet's full list of extraordinary
circumstances encompasses resources beyond ``wildlife preserves,'' and
includes both ``wilderness areas'' and ``areas that may affect listed
threatened or endangered species or designated critical habitats; or
(ii) are likely to jeopardize the continued existence of any proposed
endangered or threatened species or likely to result in the destruction
or adverse modification of proposed critical habitats, as determined by
the Secretary of the Interior pursuant to the Endangered Species Act of
1973 (16 U.S.C. 1531) (``ESA'').'' \22\
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\22\ See FirstNet, Procedures for Implementing the National
Environmental Policy Act, Appendix C- List of Extraordinary
Circumstances, available at https://www.firstnet.gov/sites/default/files/FirstNet%20Revised%20Implementing%20Procedures%20%28Updated%20June%202017%29.pdf.
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Furthermore, as a general matter, NEPA requires federal agencies to
coordinate environmental reviews with agencies with jurisdiction over
specific resources.\23\ Thus, FirstNet, when applicable to a proposed
action, would be required to coordinate with DOI in
[[Page 4635]]
order to comply with NEPA. For instance, FirstNet's obligation to
account for threatened or endangered species or designated critical
habitats under the ESA, is not absolved under the revised NEPA
implementing procedures.\24\
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\23\ See 40 CFR 1502.25.
\24\ See e.g., Endangered Species Act, 16 U.S.C. 1531 et. seq.;
See also e.g., 16 U.S.C. 1531 et seq. (which, similar other statutes
and regulations, apply to actions separate and independent from
NEPA).
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Moreover, NPSBN deployment on federal lands or impacting resources
under another agency's jurisdiction, including the DOI, will be
identified and considered by FirstNet under NEPA, at a minimum, if not
directly, through other applicable processes (e.g., permits, licenses)
necessary to deploy the network. For example, construction of a new or
replacement of an old tower on land managed by the National Park
Services (NPS) would likely require FirstNet, or its Applicant, to
apply for a Right-of-Way permit, which would trigger a NEPA review by
both FirstNet and NPS. In such cases, FirstNet, consistent with CEQ
regulations, would coordinate with the NPS to provide the environmental
analysis necessary to support both its own and the NPS NEPA review and
determination, which would presumably cover resources under the
jurisdiction of NPS.\25\ Similarly, where NPSBN deployment occurs on
non-federal lands, FirstNet, as mentioned above, must still comply with
existing environmental laws (e.g., ESA, MBTA, and BGEPA) that may apply
to the proposed action. Thus, to the extent these laws apply and
require additional consultation or additional environmental analysis
prior to undertaking the proposed action, FirstNet, in addition to
complying with the specific laws and consistent with its revised
implementing procedures, would consider this information as part of any
NEPA review.
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\25\ See generally 40 C.F.R 1502.25.
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Furthermore, FirstNet, in accordance with its implementing
procedures, upon reviewing a proposed action that would otherwise be
categorically excluded, including those installations described by DOI,
could determine that the proposed action may potentially have a
significant impact and on its own motion require the development of an
environmental assessment.\26\
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\26\ See FirstNet, Procedures for Implementing the National
Environmental Policy Act, Appendix C--List of Extraordinary
Circumstances, available at https://www.firstnet.gov/sites/default/files/FirstNet%20Revised%20Implementing%20Procedures%20%28Updated%20June%202017%29.pdf.
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Accordingly, as previously stated, the revised NEPA implementing
procedures adequately account for environmental resources, including
those under the jurisdiction of DOI, that may be impacted by network
deployment and comply with the requirements established by NEPA and CEQ
regulations.
Comment: The DOI requested FirstNet address why it is proposing to
modify the extraordinary circumstance in Appendix D related to
``environmentally sensitive'' resources, especially in light of the
previous inclusion of language to this CE that was added in the
response to DOI comments on FirstNet's originally proposed FirstNet
NEPA procedures.
Response: FirstNet, as it has continued to mature as an
organization, has identified a need to modify its NEPA implementing
procedures, CEs, and related extraordinary circumstances to ensure that
the standards and process related to NEPA review better aligned with
FirstNet's statutory mission and activities related to the deployment
of the NPSBN, as well as better assist FirstNet in complying with NEPA
as well as CEQ and FCC regulations. Specifically, when FirstNet
finalized its original NEPA implementing procedures, the network
architecture and operational model for the NSPBN had not yet been
finalized. However, since the original NEPA implementing procedures
were finalized, FirstNet has identified and approved a network
architecture and operation model. Moreover, FirstNet has completed the
statutorily mandated request for proposal process, and has entered into
a public-private partnership to build, operate, improve, and maintain
the NPSBN.\27\ These changes required FirstNet to review its NEPA
implementing procedures and current CEs to ensure they reflected
current agency policies, procedures, program, and mission.\28\
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\27\ Award Notice, FirstNet Nationwide Public Safety Broadband
Network available at https://www.fbo.gov/notices/6d45e0f8f3f4911f44f9f5b77d614952.
\28\ See 40 CFR 1506.3.
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During this review, FirstNet identified that as both an independent
federal authority and a licensee of the FCC, it must comply with
potentially duplicative regulations, such as those imposed under NEPA,
CEQ regulations, and FCC regulations. In particular, FirstNet
determined that all NPSBN proposed activities undertaken would be
subject to both FirstNet NEPA procedure and FCC rules and regulations.
Consequently, FirstNet conducted a review comparing its existing
implementing procedures, CEs, and extraordinary circumstances with the
FCC environmental rules and determined that aligning the FirstNet and
FCC NEPA processes, including CEs and extraordinary circumstances, was
necessary in order to avoid duplicating analysis and documentation
resulting in additional costs or delays in network deployment. A key
part of aligning these processes was ensuring that the FirstNet
processes and standard of review, including CEs and extraordinary
circumstances, were consistent with the FCC environmental rules, which
necessitated removing and replacing previously established
extraordinary circumstances. Accordingly, as the FCC has well
established and applied environmental rules for complying with NEPA,
specifically applicable to tower construction and siting, FirstNet,
among other modifications, removed its previously established
categorical exclusion referencing ``environmentally sensitive''
resources and replaced it with multiple other extraordinary
circumstances, which, as discussed above, FirstNet considers both
sufficient to account for resources previously identified as
``environmentally sensitive,'' while ensuring a consistent and
streamlined NEPA review process as contemplated by CEQ regulations and
guidance.
E. General Requirements for Environmental Assessments
Comment: The DOI expressed concerns that all towers lower than 450
feet may be pre-determined as CE eligible and recommended FirstNet
prepare an environmental assessment for all new installations that are
above 199 feet above ground level (AGL), not co-located with existing
facilities or are guyed. Moreover, DOI recommended adherence to FWS
Recommend Best Practices for Communication Tower Design, Siting,
Construction, Operation, Maintenance, and Decommissioning.
Response: FirstNet disagrees with the recommendation that new
installations that are above 199 feet AGL, not co-located with existing
facilities, or are guyed require: (1) An environmental assessment and
(2) adherence to the FWS Recommended Best Practices for Communications
Tower Design, Siting, Construction, Operation and Decommissioning.\29\
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\29\ See FWS, Recommended Best Practices for Communication Tower
Design, Siting, Construction, Operation, Maintenance, and
Decommissioning (August 2016), https://www.fws.gov/migratorybirds/pdf/management/usfwscommtowerguidance.pdf.
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First, as a point of clarity and contrary to DOI's concern,
FirstNet will not pre-determine any proposed action, including towers
lower than 450, are
[[Page 4636]]
eligible for a CE as such a determination would be inconsistent with
NEPA or CEQ regulations. Specifically, NEPA and CEQ regulations require
that an agency consider and make a determination related to the
environmental impacts of a proposed action.\30\ FirstNet, consistent
with CEQ regulations and its revised implementing procedures, will
conduct site-specific reviews for each new tower to determine the
appropriate level of NEPA review.
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\30\ See FirstNet, Procedures for Implementing the National
Environmental Policy Act--E0. Environmental Review and Consultation
Requirements for NEPA Review, available at https://www.firstnet.gov/sites/default/files/FirstNet%20Revised%20Implementing%20Procedures%20%28Updated%20June%202017%29.pdf.
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Second, FirstNet asserts that compliance with its revised NEPA
implementing procedures will provide sufficient information for
FirstNet to review and make a determination as to the appropriate level
of NEPA review for any site-specific action, including new
installations that are above 199 feet AGL, not co-located with existing
facilities or are guyed. In particular, as discussed above, FirstNet's
revised NEPA implementing procedures include, among other statutory and
regulatory references, specific language identifying the BGEPA, MBTA,
and E.O. 13186, Responsibilities of Federal Agencies to Protect
Migratory Birds as areas, that should be considered, as appropriate, as
part of a NEPA review.\31\
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\31\ FirstNet also notes that, in general, the FCC rules require
new tower construction to (1) receive approval from the state or
local governing authority for the proposed site; (2) comply with FCC
rules implementing NEPA; (3) comply with ESA and NHPA (including
Section 106). Moreover, depending on the tower's height and location
(generally towers more than 200 feet above ground level or located
near an airport), construction may also require Federal Aviation
Administration (FAA) notification and clearance and Antenna
Structure Registration (ASR) with the FCC. Thus, in addition to
FirstNet's implementing procedures, there are other regulatory
requirements applicable to FirstNet, as an FCC licensee, which may
provide information related to environmental resources and be
considered as part of a NEPA and ensure compliance with other
applicable laws.
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Furthermore, as previously stated, FirstNet, in accordance with its
implementing procedures, upon reviewing a proposed action that would
otherwise be categorically excluded, including those installations
described by DOI, could, as previously mentioned, determine that the
proposed action may potentially have a significant impact and on its
own motion require the development of an environmental assessment.\32\
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\32\ See FirstNet, Procedures for Implementing the National
Environmental Policy Act, Appendix C- List of Extraordinary
Circumstances, available at https://www.firstnet.gov/sites/default/files/FirstNet%20Revised%20Implementing%20Procedures%20%28Updated%20June%202017%29.pdf.
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Accordingly, FirstNet's NEPA review process, inclusive of the
existing language related to MBTA and BGEPA and in addition to its
various other extraordinary circumstances, adequately accounts for the
resources and potential environmental impacts necessary for FirstNet to
make a NEPA determination related to the proposed action, including
whether the development of an EA is necessary to determine the
environmental impacts.
Finally, FirstNet recognizes, as noted by the DOI, that the FWS has
formulated best practices for tower siting to address the potential
effects of tower and antenna structures on migratory birds. FirstNet
has taken steps that will align the deployment of the NPSBN with these
best practices, particularly by adopting a strategy that will
facilitate tower co-locations. Consistent with the DOI's tower siting
guidance, FirstNet has sought and entered into an agreement to utilize,
to the maximum extent economically desirable, existing commercial or
other communications infrastructure in the establishment of the
NPSBN.\33\ As a result, the vast majority of antenna structures
currently planned for deployment on the NPSBN will be co-locations on
existing communication towers or other structures. Thus, FirstNet, in
accordance with the DOI voluntary guidelines, has already undertaken
efforts to reduce the potential impacts of NPSBN deployment on
migratory birds through the design of its program.
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\33\ See Award Notice, supra note 27.
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Nevertheless, FirstNet, consistent with the FCC's recommendation to
its licensees, will consider implementing these voluntary guidelines,
as practicable and feasible, in the deployment of the NPSBN, but will
not make them a mandatory requirement of NPSBN deployment.
F. Other Agency Jurisdiction
Comment: DOI recommended that when FirstNet applies categorical
exclusions for the placement of antennas in another agency's
jurisdiction, FirstNet should provide that agency with some level of
documentation regarding the environmental effects to assist the
permitting agency in its review of the proposed action.
Response: FirstNet agrees, and, consistent with CEQ regulations,
intends to coordinate and provide environmental documents, as
appropriate, to other federal agencies having jurisdiction over all or
part of a FirstNet proposed action, including those that may have
permitting authority applicable to NPSBN deployment.\34\
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\34\ See generally 40 CFR 1502.25.
Dated: January 29, 2018.
Elijah Veenendaal,
Attorney-Advisor, First Responder Network Authority.
[FR Doc. 2018-02020 Filed 1-31-18; 8:45 am]
BILLING CODE 3510-TL-P