Army Department 2006 – Federal Register Recent Federal Regulation Documents

The U.S. Army announces the availability of an FEIS which evaluates the potential environmental impacts of the construction and operation of new USAMRIID facilities and the decommissioning and demolition and/or re-use of existing USAMRIID facilities at Fort Detrick.

The U.S. Army Engineer District, Alaska, intends to prepare a Draft Environmental Impact Statement (DEIS) to evaluate the feasibility of a small boat harbor and, in collaboration with other agencies, opportunities for economic development and air transportation capability for the community of Little Diomede Island, AK. Ignaluk on Little Diomede Island, population 170, is a coastal community on the west side of Little Diomede Island, approximately 135 miles northwest of Nome. The community of Wales on the mainland is 27 miles from Little Diomede Island. Big Diomede Island, Russia, is 2 miles west of Little Diomede Island. The community of Ignaluk is a small and very remote community in the Bering Sea. Transportation to Little Diomede is by air or sea. Due to the normal severe weather and sea conditions, any method of travel can be risky. A landing strip constructed on sea ice in the winter provides fixed-wing airplane access approximately 3 months of the year. Helicopters and boats are used during summer. High waves and rocky shores often make landing by boat difficult. A constant wind blows 15 knots with gusts up to 80 knots. Cloudy skies and fog are prevalent in the summer. There is no scheduled cargo ship schedule, and only barges and landing craft come close to the island; few actually land. There is weekly mail delivery by helicopter. Transportation of goods and services is expensive and medical evacuation is very difficult. The lack of access is a barrier to the economic future of the community and could force relocation of the entire community to the mainland. The draft EIS would also study any multi-use value of the airport and boat harbor projects for coastal storm damage reduction. The DEIS will determine whether Federal action is warranted and will define alternative actions for Congressional consideration.

The U.S. Army Corps of Engineers (Corps) is considering an application for Section 404 of the Clean Water Act and Section 10 of the Rivers and Harbors Act permits authorizing dredge and fill activities to create three new harbors (North Harbor, Downtown Harbor, and 7th Street Harbor) along the San Pedro Waterfront, construct pile- supported structures to provide additional areas for land-side use, and construct a waterfront promenade and Outer Harbor cruise ship terminal. The reason for the new NOI is the scope of the previous project, titled From Bridge to Breakwater San Pedro Waterfront and Promenade, was reduced, a new permit application was submitted, and the proposed project has been modified to focus on infrastructure improvements, cruise program expansion, and to increase public access to the waterfront. The primary Federal concern is the dredging and discharging of fill material within waters of the United States and potential significant impacts resulting from such dredging and discharges to the environment. Therefore, in accordance with the National Environmental Policy Act (NEPA), the Corps is requiring the preparation of an Environmental Impact Statement (EIS) prior to consideration of any permit action. The Corps may ultimately make a determination to permit or deny the above project, or permit or deny modified versions of the above project. Pursuant to the California Environmental Quality Act (CEQA), the Port of Los Angeles will serve as Lead Agency in preparing an Environmental Impact Report (EIR) for its consideration of development approvals within its jurisdiction. The Corps and the Port of Los Angeles have agreed to jointly prepare a Draft EIS/EIR in order to optimize efficiency and avoid duplication. The Draft EIS/EIR is intended to be sufficient in scope to address the Federal, state, and local requirements and environmental issues concerning the proposed activities and permit approvals.

The U.S. Army Corps of Engineers, in cooperation with Bonneville Power Administration and the Bureau of Reclamation (together referred to as ``Lead Federal Agencies''), has released a draft of the Systemwide Programmatic Agreement (PA) under the National Historic Preservation Act. 16 U.S.C. 470 et seq.; 36 CFR 800.14(b). The Lead Federal Agencies (Corps, BPA, and Reclamation) have released the draft PA for the management of historic properties affected by the multipurpose operations of fourteen dam/reservoir Projects of the Federal Columbia River Power System (Libby, Albeni Falls, Chief Joseph, McNary, John Day, the Dalles, Bonneville, Dworshak, Lower Granite, Lower Monumental, Little Goose, Ice Harbor, Grand Coulee, and Hungry Horse) on the Columbia or Snake rivers in the states of Oregon, Washington, Idaho, and Montana pursuant to section 106 of the National Historic Preservation Act (NHPA).

Pursuant to section 102(2)(C) of the National Environmental Policy Act (NEPA) of 1969, as amended, the U.S. Army Corps of Engineers, New Orleans District (Corps) intends to prepare a Draft Environmental Impact Statement (DEIS) for the Mississippi RiverGulf Outlet, Louisiana, Navigation ProjectBank Stabilization. In 2006, Congress authorized the Corps to provide foreshore bank protection in the form of revetment and/or rock to protect endangered wetlands and provide erosion protection for hurricane protection projects along the Mississippi River-Gulf Outlet (MRGO) channel. The expenditure of funds will be limited to those activities necessary for the protection of existing wetlands, navigation, and flood and storm damage reduction projects along the MRGO channel. Funds shall not be expended on any project that would otherwise preclude or foreclose any final disposition of the navigation channel. The DEIS will analyze potential direct, indirect, and cumulative impacts of implementing bank stabilization features along the MRGO and associated areas of Lake Borgne. The study area, located in the vicinity of St. Bernard Parish, LA, encompasses the entire navigation channel from Breton Sound to the Port of New Orleans, St. Bernard and Orleans Parishes, LA.

The Department of the Army is proposing to alter a 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.

The Department of the Army is removing its regulations concerning the biological Defense Safety Program and its requirements because it is now superseded through consolidation with other Army safety regulations into Army Regulation (AR) 385-10, Army Safety Program and does not affect the general public.

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: Wednesday, January 31, 2007. Place of Meeting: Veterans Affairs Conference room, Room 418, Senate Russell Building, Washington, DC. Start Time of Meeting: Approximately 9 a.m.

The Department of the Army is publishing as a final rule an amendment to its regulations to reflect a substantial revision of AR 27-20, an Army publication which governs the processing of claims worldwide. The purpose of this revision is to make AR 27-20 clearer and easier to use, after years of piecemeal amendments. This rewrite also ensures that AR 27-20 is in keeping with current statutes, legal opinions and Department of Justice guidance pertaining to claims processing. This updated rule will expedite payment of meritorious claims throughout the world.

In accordance with Section 10(d)(2) of the Federal Advisory Committee Act (Pub. L. 92-463), announcement is made of the following committee meeting: Name of Committee: Chief of Engineers Environmental Advisory Board (EAB). Topic: The EAB will discuss national considerations related to ecosystem restoration through integrated water resources management including the recently announced Twelve Points of Action. The meeting will not focus on issues specific to Louisiana. Date of Meeting: December 6, 2006. Place: Wyndham New Orleans at Canal Place, 100 Rue Iberville, New Orleans, LA. Time: 9 a.m. to 12 p.m. Thirty minutes will be set side for public comment. Members of the public who wish to speak must register prior to the start of the meeting. Registration will begin at 8:30. Statements are limited to 3 minutes.

This notice sets forth the schedule and summary agenda for the annual meeting of the Board of Visitors (BoV) for the Western Hemisphere Institute for Security Cooperation (WHINSEC). Notice of this meeting is required under the Federal Advisory Committee Act (Pub. L. 92-463). The Board's charter was renewed on February 1, 2006 in compliance with the requirements set forth in Title 10 U.S.C. 2166. Date: November 30-December 1, 2006. Time: 8:30 a.m. to 12 p.m. (November 30) and 8:30 a.m. to 1 p.m. (December 1). Location: Building 35, 7011 Morrison Ave., Fort Benning, GA 31905. Proposed Agenda: The WHINSEC BoV will be briefed on activities at the Institute since the last Board meeting on June 15, 2006 as well as receive other information appropriate to its interests.

The U.S. Army Corps of Engineers, Galveston District announces the release of the Draft Environmental Impact Statement (DEIS), the Draft General Conformity Determination, the public comment period, and the date and location of the Public Hearing, for the Brazos River Harbor Navigation District's (Port Freeport) proposed widening of the Freeport Harbor Ship Channel.

The Baltimore District of the U.S. Army Corps of Engineers (Corps) is withdrawing its intent to prepare a DEIS for the Baltimore Metropolitan Water Resources StudyGwynns Falls in Baltimore County, Maryland. The Notice of Intent for the DEIS was published in the Federal Register on July 9, 1996 (Volume 61, Number 132, Page 36038). Negative environmental impacts of the recommended plan are not significant and the Corps has determined that a DEIS is not appropriate.

In accordance with 37 CFR 404.6 and 404.7, announcement is made of the availability for licensing of U.S. Patent Application No. 11/133,444 entitled ``Apparatus for Fastening and Loosening a Lid from a Container,'' filed May 20, 2005. Foreign rights are also available (PCT/US2005/017728). The United States Government, as represented by the Secretary of the Army, has rights in this invention.

The Army Corps of Engineers, the Department of the Interior and the State of Florida are proposing to establish the interim goals for the Comprehensive Everglades Restoration Plan through the Interim Goals Agreement as required by Section 385.38(d) of the Programmatic Regulations for the Comprehensive Everglades Restoration Plan. Interim goals are a mean by which restoration success of the Comprehensive Everglades Restoration Plan may be evaluated at specific points by agency managers, the State of Florida, and Congress throughout the overall planning and implementation process. The public is invited to review and comment on the final draft of this Agreement.

The U.S. Army Corps of Engineers (USACE) Huntington District announces the extension of the public comment period for the proposed Spruce No. 1 Mine Final Environmental Impact Statement (FEIS).

The U.S. Army Corps of Engineers (Corps), Mobile District, issued a Notice of Intent (NOI) on June 16, 2006 (71 FR 34901) describing the preparation of a Draft Environmental Impact Statement (EIS), as required by the National Environmental Policy Act (NEPA), to address the proposed implementation of interim water storage contracts at Lake Sidney Lanier/Buford Dam, GA, as contained in a settlement agreement associated with the Southeastern Federal Power Customers, Inc., (SeFPC) v. Secretary of the Army, et al. (1:00CV02954-TPJ) lawsuit. The Draft EIS will also address any changes in water management operations at Lake Lanier/Buford Dam, as well as the potential for other changes to operations in downstream reservoir projects in the Apalachicola, Chattahoochee, Flint Rivers (ACF) basin, which would result from implementation of the interim water storage contracts. This supplement to the NOI provides additional information explaining the scoping process that will be used to gather information on the project from the public and details regarding the dates and locations of public scoping meetings.

Pursuant to Section 102(2)(c) of the National Environmental Policy Act (NEPA) of 1969 as implemented by the Council on Environmental Quality regulations (40 CFR Parts 1500-1508) and Public Law 102-484 Section 2834, as amended by Public Law 104-106 Section 2867, the Department of the Army hereby gives notice of intent to prepare a Draft Environmental Impact Statement (EIS) for the subject Dredged Material Management Plan (DMMP). The Portland District of the U.S. Army Corps of Engineers will be the lead agency in preparing the EIS. The EIS will consider Federal actions associated with the development of a DMMP for the Federal navigation channel in the city of Portland, Multnomah County, OR. The DMMP is a study conducted to develop a long-term (20-year) strategy for providing viable dredged material placement alternatives that would meet the needs of maintaining the Federal channel at Portland Harbor. The overall goal of the DMMP is to develop a long-term plan for continued maintenance of the federal navigation channel that supports commercial navigation within Portland Harbor and to conduct dredged material placement in the most economically and environmentally sound manner and to maximize the use of dredged material as a beneficial source.

In Accordance with 10(a)(2) of the Federal Advisory Committee Act (Pub. L. 92-463), announcements is made of the forthcoming meeting. Name of Committee: Inland Waterways Users Board (Board). Date: November 17, 2006. Location: Renaissance Pittsburgh Hotel, 107 6th Street, Pittsburgh, PA 15222, (412-562-1200). Time: Registration will begin at 8:30 a.m. and the meeting is scheduled to adjourn at 1 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, and be provided updates of various inland waterways projects.

The Department of the Army announces the availability of a Draft Supplemental Programmatic Environmental Impact Statement (DSEIS) identifying the potential environmental effects of changing land and airspace use at Fort Bliss to support evolving changes in missions and units and support Army Transformation, Integrated Global Presence and Basing Strategy, Base Realignment And Closure (BRAC), the Army Campaign Plan and other Army initiatives. The SEIS will supplement the Fort Bliss, Texas and New Mexico, Mission Master Plan Programmatic Environmental Impact Statement (PEIS), for which a Record of Decision was signed in 2001.

The U.S. Army announces the availability of a DEIS that evaluates implementing transformational activities at Fort Carson, a military installation located south of Colorado Springs, Colorado. Actions associated with these transformational activities include restationing of troops; construction, demolition, and renovation of facilities at the Cantonment and range areas; and increased use of training lands.

SDDC intends to modify SDDC Policy TR-12. SDDC intends to implement the modified policy 90 (ninety) days from publication in the Federal Register. Modifications include the following: 1. SDDC will no longer pay a Fuel Related Adjustment (FRA) or fuel surcharge on movements based on what is known as a ``Spot Bid'' tender. 2. SDDC will no longer pay an FRA for any type of rail shipment. 3. SDDC will pay an FRA based on an updated baseline of $2.50 rather than a baseline of $1.30.

The U.S. Army Corps of Engineers (COE), Wilmington District, Wilmington Regulatory Field Office has received an amendment to the request for Department of the Army authorization, pursuant to Section 404 of the Clean Water Act and Section 10 of the Rivers and Harbors Act, from the town of North Topsail Beach to nourish approximately 7.25 miles of shoreline. The modification will include an additional 3.85 miles of beachfront to protect residential homes and town infrastructures located along the south section of the Town limits. The proposed sources of material for the addition will be dredged from the same offshore borrow area as described in the original 7.25 mile plan. The placement of beach fill along the Town's southern shoreline would result in the initial widening of the beach 75 to 1590 feet seaward, depending on the final design volume and foreshore slopes that the fill assumes during construction. The 3.85 miles of shoreline are located at the southern end of North Topsail Beach. Unlike the original 7.25 miles of proposed nourishment, the additional section is outside the Coastal Barrier Resource System (CBRS) designation; therefore, it is not subject to the expenditure of Federal funding restrictions associated with the Coastal Barrier Resource Act of 1982 and the coastal Barrier Improvement Act of 1990. This south section, or stretch, of shoreline is currently being considered by the U.S. Army Corps of Engineers for a federal shoreline protection project. Due to delays to complete the federal plan formulation process, the North Topsail Beach Board of Alderman voted to include the 3.85 mile section in the non-federal 7.25 mile section that is currently under review pursuant to the Environmental Impact Statement (EIS) procedures. The decision to include the south section in the present EIS process is intended to act as interim or emergency beach fill by preserving existing development and infrastructure along the 3.85 miles of shoreline while the federal plan formulation continues. The original Notice of Intent was published on May 19, 2005 (70 FR 28924) with a commenting deadline of June 21, 2005.

The U.S. Army corps of Engineers (Corps) Jacksonville District intends to prepare a Supplemental Environmental Impact Statement (SEIS) to evaluate potential impacts of further rock mining within wetlands in western Miami-date county, FL. The original EIS, The Rock Mining- Freshwater Lakebelt Plan Programmatic Environmental Impact Statement, issued in May 2000 focused on the potential impacts of a 50-year mining plan within the Lake Belt area. After evaluating the EIS, the Corps issued a Record of Decision and permits that allowed mining within a smaller, 10-year plan in April 2002. The Corps decision was challenged in United States District Court and the Court's Order on Motions for Summary Judgement was issued on March 22, 2006 as part of Case No. 03- 23427-CIV-HOEVELER, United States District Court Southern District of Florida. The decision instructed the Corps to engage in additional analyses of rock mining in the Lake Belt region. Accordingly, the Corps is preparing this SEIS.