Army Department 2005 – Federal Register Recent Federal Regulation Documents

In accordance with Section 10(a)(2) of the Federal Advisory Committee Act (Pub. L. 92-463), announcement is made of the following committee meeting: Name of Committee: Coastal Engineering Research Board (CERB). Date of Meeting: November 2-4, 2005. Place: Hilton St. Petersburg, 333 First Street South, St. Petersburg, FL 33701. Time: 3 p.m. to 5:15 p.m. (November 2, 2005); 8 a.m. to 5:30 p.m. (November 3, 2005); and 8 a.m. to 12 p.m. (November 4, 2005).

The Department of the Army announces the general availability of exclusive, partially exclusive or non-exclusive licenses relative to a novel fiberglass technology (e-glass; s-glass) as described in U.S. Patent Application No. 10/724,704; entitled ``Nano-Textured Solid Surfaces and Methods for Producing Same''; Jensen and McKnight. Any license shall comply with 35 U.S.C. 209 and 37 CFR 404.

The U.S. Army Corps of Engineers (Corps) intends to prepare an Environmental Impact Statement (EIS) for a Programmatic Sediment Management Plan that will address sediment management within the four lower Snake River reservoirs and that portion of McNary reservoir contained within the lower Snake River The plan will identify and evaluate ways the Corps can manage sediment within these reservoirs and examine the sediment input (sources) on a programmatic basis in the near-term, mid-term, and long-term. The reservoirs extend from the mouth of the Snake River upstream to the communities of Lewiston, Idaho, and Clarkston, Washington; and include the lower 2 miles of the Clearwater River from its confluence with the Snake River at Lewiston upstream to the U.S. Highway 12 Bridge. In the plan the Corps will also include all tributaries that could significantly contribute sediment to the lower Snake River. The Corps is preparing this plan because sediment management has been an ongoing maintenance issue since the completion of Ice Harbor Dam, the first dam and reservoir on the lower Snake River, in 1961. Rather than addressing sediment-related problems on a case-by-case basis, the Corps has determined that it would be more effective to evaluate sediment management as a whole and on a watershed basis. The intent of the plan is to identify ways to reduce the amount of sediment entering the reservoirs, identify how to manage the sediment once it enters the reservoirs, and identify possible changes to structures or operations to reduce maintenance and associated impacts while still providing for authorized project purposes, including navigation.

In Accordance with 10(a)(2) of the Federal Advisory Committee Act (Pub. L. 92-463), announcement is made of the forthcoming meeting. Name of Committee: Inland Waterways Users Board (Board). Date: October 13, 2005. Location: Heathman Lodge, 7801 NE Greenwood Drive, Vancouver, Washington 98662, (1-360-254-3100). Time: Registration will begin at 8:30 a.m. and the meeting is scheduled to adjourn at 12 p.m. Agenda: The Board will hear briefings on the status of both the funding for inland navigation projects and studies, and the Inland Waterways Trust Fund. The Board will also consider its priorities for the next fiscal year.

On 02 September 2005, in accordance with PL 104-106, Title XXIX, Subtitle A, entitled ``Illinois Land Conservation Act of 1995'', the Department of the Army signed a Secretariat Memorandum to transfer approximately 2,640 Acres of land at Joliet Army Ammunition Plant, Illinois to the Department of Agriculture for use by the Forest Service as the Midewin National Tallgrass Prairie. The purpose of this notice is to effect that transfer pursuant to the provisions of Section 2912(e)(2) of PL 104-106. This is a partial transfer of the entire acreage contemplated by the statute. Additional transfers will be made in the future. A map entitled ``2004 USDA Assignment Parcel Locator Map'' and legal descriptions of the MFG area revised 18 January 2005 and of the LAP area revised 11 August 2005 of the property which is the subject of the partial transfer are on file with the U.S. Army Engineer District, Corps of Engineers, Louisville, Kentucky and the Office of the Regional Forester, USDA, Forest Service.

The Los Angeles District intends to prepare an Environmental Impact Statement/Environmental Impact Report (EIS/EIR) to support a cost-shared ecosystem restoration feasibility study with the Santa Monica Bay Restoration Commission. The proposed project study areas has been degraded by encroachment of non-native plants, placement of fill from Marina Del Rey, interruption of the hydrologic regime, trash accumulation, and varied attempts at bank protection along the creek using rock and concrete. Direct benefits of the proposed project include improved habitat and water quality, reductions in waste and trash, and aesthetics. The watershed is an important resource for both recreational uses and for fish, and wildlife and further degradation could jeopardize remaining. The purpose of the feasibility study is to evaluate alternatives for channel modification, habitat restoration (coastal and freshwater wetlands and riparian), recreation, and related purposes along the lower reach of the Ballona Creek.

In accordance with Section 10(a)(2) of the Federal Advisory Committee Act (Pub. L. 92-463), announcement is made of the following meeting: Name of Committee: Distance Learning/Training Technology Applications Subcommittee of the Army Education Advisory Committee. Date: October 5-6, 2005. Place: Crowne Plaza Williamsburg at Fort Magruder, Williamsburg, VA. Time: 0800-1630 on 5 Oct 05; 0800-1630 on 6 Oct 05. Proposed Agenda: The meeting agenda includes updates on The Army Distributed Learning Program (TADLP) and infrastructure, review of selected courseware, and discussions focused on learning and technology. Purpose of the Meeting: To provide for the continuous exchange of information and ideas for distance learning between the HQ, U.S. Army Training and Doctrine Command (TRADOC), Department of the Army, and the academic and business communities.

In compliance with 37 CFR 404 et seq., the Department of the Army hereby gives notice of its intent to grant to Extreme Endeavors and Consulting, a corporation having its principal place of business at P.O. Box 2093, Philippi, WV 26416, exclusive license to practice in the United States, the Government-owned inventions described in U.S. Patent No. 5,515,865 issued May 14, 1996 entitled, ``Sudden Infant Death Syndrome (SIDS) Monitor and Simulator,'' U.S. Patent No. 5,684,460 issued in November 4, 1997 entitled ``Motion and Sound Monitor Simulator,''; and U.S. Patent No. 5,853,005 issued in December 29, 1998 entitled ``Acoustic Monitoring System,''.

The U.S. Army Corps of Engineers, Mississippi Valley Division, New Orleans District, is initiating this study under the authority of the Energy and Water Development Appropriation Act for Fiscal Year 2002 (Pub. L. 107-66) to determine the environmental impacts of the Houma Navigation Canal (HNC) lock complex and associated structures. The reconnaissance study for the Mississippi River & TributariesMorganza, Louisiana to the Gulf of Mexico hurricane protection project (MtoG) was authorized by a resolution adopted April 30, 1992, by the Committee of Public Works and Transportation of the U.S. House of Representatives. The Water Resources Development Act (WRDA) of 1996 authorized the Corps to conduct an independent study of a lock to be located in the HNC. That study was completed in 1997. In 1998, Congress authorized the Corps to initiate detailed design of the multipurpose lock in the HNC. A Final Programmatic Environmental Impact Statement (FPEIS) entitled ``Mississippi River & TributariesMorganza, Louisiana to the Gulf of Mexico Hurricane Protection'' went to the public in March 2002. A Record of Decision has not been signed for this FPEIS. The MtoG entered the design phase following approval by the Mississippi River Commission and the execution of a design agreement in May 2002. The lock complex and associated structures on the HNC are part of the larger MtoG project.

The Department of the Army is proposing to alter an exempt system of records notice in its existing inventory of records systems subject to the Privacy Act of 1974, (5 U.S.C. 552a), as amended.

This announces the availability of the Draft Environmental Impact Statement (DEIS) which assesses the potential environmental impacts of the proposed reinforcement of an existing stone revetment wall at Montauk Point, Suffolk County, NY. The DEIS has been prepared in accordance with the National Environmental Policy Act (NEPA), and U.S. Army Corps of Engineers (USACE) regulations for implementing NEPA.

Minnesota Steel Industries, LLC (Minnesota Steel) has applied to the St. Paul District, Corps of Engineers (Corps) for a permit to discharge fill material into wetlands to facilitate the construction and operation of an open pit taconite mine at the former Butler Taconite site near Nashwauk, Minnesota, and the construction of new facilitiesa crusher, a concentrator, a pellet plant, a plant for producing direct reduced iron (DRI), and a steel mill consisting of two electric arc furnaces, two idle furnaces, two thin slab casters, and a sheet rolling mill. the former Butler Taconite Stage 1 tailings basin would be reactivated for the disposal of concentrator tailings. The mining process would require the construction of overburden, waste rock, and lean ore stockpiles just north of the proposed mine site. Ore would be hauled via truck from the mine to the adjacent ore concentrator. Concentrating the ore would involve crushing, grinding, magnetic separation, and flotation processes. Concentrator tailings would be pumped as slurry to the former Butler Taconite Stage 1 tailings basin approximately two miles southeast of the proposed mine site. The concentrate would be mixed with a binder and limestone, and converted to unfired pellets in balling drums or disks. The unfired pellets would be hardened in an indurating furnace. The DRI plant would convert the iron oxide pellets to nearly pure iron pellets (DRI pellets) in a 300- to 425-foot-high vertical shaft reactor. The DRI pellets would be fed to steel mill, which would produce hot rolled sheet steel. Project plans call for the mining of approximately 12.8 million long tons of crude ore per year at a stripping ratio of approximately 0.50:1. Approximately 2.4 million short tons per year of hot rolled sheet steel would be produced. The project would employ approximately 700 people for production, support, and administration. Economic feasibility of the project is based on a 20-year project life. Minnesota Steel at this time cannot predict whether investments for further operations would be economically desirable. Therefore, mine planning and detailed design are being prepared for 20 years of operation and environmental permits are being requested for a 20-year project life. If the project is permitted, and if Minnesota Steel proposes to extend the project life beyond the 20- year period, then modifications to the Section 404 permit and supplemental environmental review would be required. The project would require dredging or discharging fill material into approximately 1,014 acres of wetlands. While some of the wetlands may be isolated, the majority of the wetlands are adjacent to Oxhide Creek, Snowball Creek, Pickerel Creek, or O'Brien Creek, which are tributaries to the Swan River, or they are adjacent to an unnamed tributary to the Prairie River or to an unnamed tributary to Sucker Brook, which is a tributary to the Prairie River. The Swan River and the Prairie River are tributaries to the Mississippi River, which is a navigable water of the United States. A specific compensatory wetland mitigation plan has not been developed for the project. Minnesota Steel intends to work with interested Federal and state agencies to develop an acceptable plan that would meet Federal and state compensatory mitigation requirements. The discharge of dredged or fill material into waters of the United States requires a permit issued by the Corps under Section 404 of the Clean Water Act. The final environmental impact statement will be used as a basis for the permit decision and to ensure compliance with the National Environmental Policy Act (NEPA).

In accordance with section 10(a)(2) of the Federal Advisory Committee Act (Pub. L. 92-463), announcement is made of the following committee meeting: Name of Committee: Board of Visitors, United States Military Academy. Date: Friday, September 16, 2005. Place of Meeting: Superintendent's Conference Room, Taylor Hall, 2nd floor, Bldg 600, West Point, NY. Start Time of Meeting: Approximately 1 p.m.

The Defense Threat Reduction Agency is deleting a system of records notice from its existing inventory of records systems subject to the Privacy Act of 1974, (5 U.S.C. 552a), as amended.

The Department of the Army proposes to alter a system of records notice in its inventory of records systems subject to the Privacy Act of 1974,(5 U.S.C. 552a), as amended.

The Department of the Army proposes to amend its regulation on Army Board for Correction of Military Records to be in compliance with the United States District Court for the District of Columbia decision (Daniel J. Lipsman v. Secretary of the ArmyCivil Action No. 02-0151 (RMU), Document Nos. 18, 20, decided September 7, 2004, 2004 U.S. Dist. LEXIS 17866).

In accordance with 35 U.S.C. 209 and 37 CFR 404.7(a)(1)(i), announcement is made of the intent to grant an exclusive (except for use as a portable lavatory enclosure), royalty-bearing, revocable license within the geographic area of the United States of America and its territories and possessions to U.S. Patent 6,672,323, issued January 6, 2004 entitled ``Multipurpose Self-Erecting Structure having Advanced Insect Protection and Storage Characteristics,'' to Kamp-Rite Tent Cot, Inc. with its principal place of business at 1050 Connecticut Ave., Suite 1000, Washington, DC 20036.

The Jacksonville District, U.S. Army Corps of Engineers, intends to prepare a Draft Environmental Impact Statement (DEIS) for the Modification of the Kissimmee Basin (KB) Structure Operating Criteria. This project involves the establishment of a coordinated schedule of water level drawdowns throughout the seventeen lakes comprising the Kissimmee Chain of Lakes, in the Kissimmee Upper Basin (KUB), and the possible effects on the Kissimmee Lower Basin (KLB). The ultimate purpose of the action is to facilitate environmental restoration throughout those water bodies. The local sponsor is the South Florida Water Management District. This Notice of Intent (NOI) constitutes a re-issue of the NOI titled: Intent to Prepare a Draft Environmental Impact Statement for the Kissimmee Chain of Lakes Portion of the Kissimmee River Restoration Project, and published in the Federal Register on May 19, 2005 (70 FR 28923). The re-issue is due to the work undergoing a change in both title and scope, to now include the entire basin (KB) of the Kissimmee River.

The Army proposes to conduct military training exercises at MMR, Oahu, Hawaii, for units assigned to the 25th Infantry Division (Light) (25th ID(L)) and for other military components. Other military components that have used MMR in the past include the Marine Corps, Army Reserves, and the Hawaii Army National Guard. Conducting live-fire exercises at the company level and below is critical to maintaining the readiness of all military units assigned or stationed in Hawaii in particular because training at the company level is one of the key building blocks in the Army's progressive training doctrine. Under this doctrine, Soldiers first train as smaller units and then train collectively as part of a large unit. In addition, the training received by a company commander during a company-level combined-arms live-fire exercise (CALFEX) is invaluable in teaching Soldiers the skills required to coordinate and integrate the combined arms support provided by aviation, artillery, mortar, and combat engineer support teams. These communication and coordination skills are essential when several companies combine as a battalion under the control of a battalion commander. The DEIS addresses, among other things, the potential direct, indirect, and cumulative environmental impacts associated with the proposal to conduct military training activities at MMR. The DEIS development process was conducted in accordance with the Settlement Agreement and Stipulated Order between Malama Makua and the Department of Defense (filed October 4, 2001).

In response to a request from potential applications the submission deadline for project applications had been extended from July 25, 2005 as stated in the original notice published on June 8, 2005 in Federal Register (70 FR 33453).

The U.S. Army Corps of Engineers, New Orleans District (CEMVN) is initiating a Supplemental Environmental Impact Statement (SEIS) for the Henderson Lake Management Unit feature, including the freshwater distribution structure element, of the Henderson Lake Area Atchafalaya Basin, Louisiana project, pursuant to the authority of the Flood Control Act of May 15, 1928 (Pub. L. 391, 70th Congress); and for the Recreational Development feature of the Atchafalaya Basin Floodway System, Louisiana project (hereinafter ``ABFS'' project), pursuant to the authority of the Flood Control Act of May 15, 1928 (Pub. L. 391, 70th Congress), as amended by the Supplemental Appropriations Act of 1985, Pub. L. 99-88 and as reauthorized and further amended by Section 601(a) of the Water Resources Development Act of 1986 (WRDA 1986), Pub. L. 99-662. The CEMVN is initiating this study to implement construction and operation of the Henderson Lake Management Unit, St. Martin and St. Landry Parishes, which is one of two authorized pilot management units for the Management Unit feature of the ABFS Project; the freshwater distribution structure element, of the Henderson Lake Area Atchafalaya Basin, Louisiana project in St. Martin and St. Landry Parishes, Louisiana; and the Recreational Development feature of the Atchafalaya Basin Floodway System, Louisiana project in St. Martin, Iberia, St. Mary, Iberville, St. Landry, and Pointe Coupee Parishes, Louisiana. The authorized goals of the Management Unit feature of the ABFS project are to improve water quality and interior water circulation; remove barriers to reestablish north to south water flow; provide input of oxygenated low temperature water; and reduce or manage sediment input into the interior swamp. Action is necessary due to the existing poor water quality resulting from the lack of internal circulation and oxygenated water inputs, and increased sedimentation. In addition if action is not taken, both deep-water and shallow water habitat utilized by fish and wildlife resources will continue to be lost, reduced, or degraded. The intended result of the proposed work is to prolong the life expectancy of the productive habitat (primarily aquatic and cypress tupelo habitats) by restricting or redirecting sediments, while simultaneously achieving a healthy water circulation pattern that would maintain or restore water quality and reestablish north to south water movement. The Henderson Lake Management Unit is hydrologically separate and independent from the Buffalo Cove, Flat Lake, Cocodrie Swamp and Beau Bayou Management Unit elements of the ABFS project. The authorized goal of the freshwater distribution structure element, of the Henderson Lake Area Atchafalaya Basin, Louisiana project is to provide water inflow to the Henderson Lake area and, together with the Henderson Lake Management Unit, restore overflow patterns to the extent practicable, and to encourage water movement through the Henderson Lake Management Unit for the benefit of the aquatic environment. The goals and objectives of the Recreational Development feature of the ABFS project are the development of facilities such as boat launching ramps for the provision of interior and peripheral access to the ABFS project area, including those lands acquired for the Public Access feature of the ABFS project, as well as the construction and operation of developed and primitive campgrounds, an interpretive facility and other facilities complementary to the enjoyment of outdoor recreational activities for the observation and utilization by the public of the fish and wildlife resources of the Lower Atchafalaya Basin Floodway. Public demand and expectations for the ABFS have increased due to an increased awareness and use of the vast ABFS natural resource, and the involvement of the CEMVN through management and part-ownership of the resource. The CEMVN will address public concerns for management of the Henderson Lake Management Unit, and recreational development opportunities within the ABFS, through an SEIS.

The Department of the Army proposes to revise its regulation concerning obtaining information from financial institutions. The regulation prescribes policies for the Department of the Army to obtain information on a customer's financial records from financial institutions.

The Department of the Army proposes to revise its part concerning armed forces disciplinary control boards and off- installation liaison and operations. The part prescribes uniform policies and procedures for the establishment, and operation of Armed Forces Disciplinary Control Boards, and off-installation liaison and operations.

Four Authorities authorize the study of the Colorado River and its Tributaries: (1) Flood Control Act, approval June 22, 1936: ``Section 6. The Secretary of War is hereby authorized and directed to cause preliminary examinations and surveys for flood control at the following named localities * * * Colorado River, Texas, above the county line between Coke and Runnels counties * * * Lower Colorado River, Texas.'' (2) Resolution by the Committee on Commerce, United States Senate, adopted August 4, 1936; ``Resolved by the Committee of the United States Senate, that the Board of Engineers for Rivers and Harbors created under Section 3 of the River and Harbor Act, approved June 13, 1902, be and is hereby, requested to review the reports on Colorado River, Texas, submitted in House Document Number 361, Seventy- first Congress, second session, and previous reports, with a view to determining if improvement in the interest of commerce and flood control is advisable at the present time.'' (3) Rivers and Harbors Act, approved August 26, 1937: ``Section 4. The Secretary of War is hereby authorized and directed to cause preliminary examinations and surveys to be made at the following named localities * * * Colorado River, and its tributaries, Texas, with a view to its improvement in the interest of navigation and flood control.'' (4) Rivers and Harbors Act, approved March 2, 1945: ``Section 6. The Secretary of War is hereby authorized and directed to cause preliminary examinations and surveys to be made at the following named localities * * * Colorado River, Texas.'' An initial assessment based on the resolution guidance indicates a Federal interest in continuing with more detailed studies for these purposes. In accordance with the National Environmental Policy Act, an Environmental Impact Statement (EIS) will be prepared to evaluate and compare flood control damage reduction and recreation alternatives within and along the Colorado River and its tributaries concentrated along the Highland Lakes. The EIS will also assess the impacts to the quality of the human environment associated with each alternative. The study area for project implementation primarily includes the lower Colorado River and its adjoining tributaries below Lake O.H. Ivie to Tom Miller Dam or Lake Austin. The construction of residential and commercial structures within the Highland Lakes and along the Colorado River, have lead to extensive amounts of flood damages. Consequently, flood damage reduction measures will be developed to address the flood damages. In addition, recreation measures will be developed and evaluated as complements to proposed flood damage reduction measures. The non-Federal cost sharing sponsors for the feasibility study are the Lower Colorado River Authority and Travis County.

The U.S. Army Corps of Engineers, New Orleans District (CEMVN) is initiating this draft supplemental environmental impact statement (DSEIS) under the authority of the Rivers and Harbors Act of July 24, 1946 (House Document 190, 79th Congress, 2nd Session) and prior Rivers and Harbors acts; the Rivers and Harbors Act of July 14, 1960 (House Document 436, 86th Congress, 2nd Session); the Rivers and Harbors Act of October 23, 1962 (House Document 582, 87th Congress, 2nd Session); the Senate Public Works committee on December 27, 1970, and the House Public Works committee on December 15, 1970, under the provisions of Section 201 of the Flood Control Act of 1965 (Pub. L. 89-298; S.D. 91- 111); and Section 107 of the Rivers and Harbors Act of 1960, as amended by Section 310 and Section 112 of the Rivers and Harbors Acts of 1965 and 1970, respectively, to investigate dredged material placement for the next 20 years of maintenance dredging of the Calcasieu and River and Pass, LA. The Calcasieu River and Pass, LA project does not have adequate dredged material disposal areas for the long-term maintenance of the project. Existing disposal sites are at or near capacity, and some disposal sites have been substantially eroded into adjacent water bodies. Other disposal areas have been lost to commercial developments. As a result, remaining disposal areas cannot accommodate the volume of dredged material needed to maintain the Calcasieu River and Pass, LA navigation channel to project-authorized dimensions, and CEMVN has been forced to reduce channel dimensions in some reaches.