Army Department 2007 – Federal Register Recent Federal Regulation Documents

The U.S. Army Corps of Engineers (COE), Wilmington District, Wilmington Regulatory Field Office has received a 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 11.1 miles of beachfront to protect residential homes and town infrastructures, to reposition the New River Inlet channel, and to implement an inlet management plan to control the positioning of the new inlet channel, and to conduct periodic renourishment events. The new channel will be centrally located and the proposal will be to maintain that position, which essentially will be located perpendicular to the adjacent shorelines of North Topsail Beach and Onslow Beach. The proposed source of the material for the nourishment will be dredged from an offshore borrow area and from the repositioning of the inlet. The projected amount of material needed to nourish the oceanfront shoreline is approximately 3.21 million cubic yards. The placement of beach fill along the Town's shoreline would result in the initial widening of the beach by 50 to 100 feet. The widened beach would be maintained through a program of periodic beach nourishment events with the material extracted from the New River Inlet; and if necessary, supplemental materials from the offshore borrow area. All work will be accomplished using a hydraulic dredge. The proposed project construction will be conducted in a five phase approach to correspond with the Town's anticipated annual generation of funds. The ocean shoreline of the Town of North Topsail Beach encompasses approximately 11.1 miles along the northern end of Topsail Island. Of the 11.1 miles, approximately 7.25-miles of the shoreline in the project area, with the exception of two small areas, is located within the Coastal Barrier Resource System (CBRS), which prohibits the expenditure of Federal funds that would encourage development. The channel through New River Inlet has been maintained by the COE for commercial and recreational boating interest for over 55 years. The COE is authorized to maintain the channel in the inlet to a depth of 6 feet mean low water (mlw) over a width of 90 feet.

The Corps issued RGL 07-02 to further explain the regulatory exemptions for construction or maintenance of irrigation ditches and maintenance of drainage ditches consistent with Section 404(f) of the CWA (33 U.S.C. 1251 et seq.) and implementing regulations. Specifically, the RGL clarifies when Section 404(f) exempts from permitting requirements discharges of dredged or fill material into waters of the United States associated with the construction and maintenance of irrigation ditches and maintenance of drainage ditches. The RGL also clarifies how certain terms in the regulations at 33 CFR 323.4 are applied in the context of the Sections 404(f) exemptions, including irrigation ditch, drainage ditch, construction, and maintenance. In addition, the guidance provides a framework for determining the applicability of the exemptions and the recapture provision, consistent with the CWA and implementing regulations. This RGL was effective July 4, 2007.

The Jacksonville District, U.S. Army Corps (Corps) of Engineers intends to prepare a Draft Environmental Impact Statement (EIS) for expansion, including widening and deepening of existing channels and turning basins in Lake Worth Inlet (Palm Beach Harbor). The project is a cooperative effort between the U.S. Army Corps of Engineers (lead Federal agency) and Port of Palm Beach District (non- Federal sponsor and cooperating agency).

This cancels the notice previously published in the Federal Register on December 15, 2006 (71 FR 75509). Pursuant to Chapter 157, Sec. 2636a of Title 10 United States Code enacted by Congress on November 26, 2003, as amended by the Department of Defense Authorizations Act for FY 2007, the Military Surface Deployment and Distribution Command (SDDC), as the Traffic Manager for Department of Defense (DOD) Personal Property Program, is informing the Transportation Service Provider (TSP)/ contractor community of the mandatory requirement to provide Full Replacement Value (FRV) coverage to all customers of the DOD Personal Property Program. The cost of FRV shall be included in contracts with movers and FRV shall be made available to Service members and civilian employees. All shipments that have been picked up or are already in storage prior to the effective dates noted below will not be required to be covered by FRV. This notice updates the implementation timeline for providing FRV for loss/ damage protection. Current Program Implementation: The cost for FRV coverage shall be included in all rates for the International Household Goods (iHHG) program, the Unaccompanied Baggage (UB) program, the Domestic Household Goods (dHHG) program, Intra-Theater Tender (ITT) program, Non-Temporary Storage (NTS) program, and the Direct Procurement Method (DPM) program according to the following schedule: The international household goods (iHHG) program and unaccompanied baggage (UB), shall have FRV coverage for all shipments picked up on or after October 1, 2007. For the domestic household goods (dHHG) program, all shipments picked up on or after November 1, 2007, shall have FRV coverage. For the Intra-Theater Tender (ITT) program all rates effective on or after March 1, 2008 shall include FRV coverage. The current rate cycle will expire February 29, 2008, with the next rate cycle beginning on March 1, 2008 and shall be inclusive of FRV coverage. For the Non-Temporary Storage (NTS) program, shipments ordered with a date on or after March 1, 2008 shall include FRV coverage. New rates that include the cost of providing FRV must be postmarked between December 16, 2007 and January 15, 2008. All DPM contracts will be modified to require the provision of FRV by March 1, 2008. (See Traffic Management Advisory released by USTRANSCOM, September 13, 2007).

In accordance with 35 U.S.C. 209(e) and 37 CFR 404.7 (a)(I)(i), announcement is made of the intent to grant an exclusive, royalty-bearing, revocable license to A Live-Attenuated Rift Valley fever virus as a licensed human vaccine to The University of Texas Medical Branch at Galveston, with its principal place of business at 301 University Boulevard, Galveston, TX 77555.

The Corps of Engineers (Corps), Nashville District, will prepare a Draft Environmental Impact Statement (DEIS) relating to proposed dam powerhouse rehabilitations and possible operational changes at the Wolf Creek, Center Hill, and Dale Hollow Dams in Kentucky and Tennessee. The Corps is studying the possible impacts of modifying existing equipment. Due to improvements in technology, rehabilitating the equipment could make it possible to produce more power from the same amount of water discharged. Changes in equipment and operational procedures could also cause higher tailwater heights and velocities, but as there is a limited amount of water they could be for shorter duration. In addition, alterations to flow regimes are being considered to provide minimum flows when hydropower releases are shut off. If improvements are successful, other dams may eventually be considered for similar changes. This study was begun in 2003 and a Notice of Intent was published in the Federal Register on September 25, 2003; however, due to funding constraints work ceased before a Draft EIS could be completed. The proposed rehabilitation of the powerhouse and generating units is not related to the dam seepage repairs that are ongoing at Center Hill and Wolf Creek Dams.

Under the provisions of the Federal Advisory Committee Act of 1972 (5 U.S.C., Appendix, as amended), the Government in the Sunshine Act of 1976 (5 U.S.C. 552b, as amended) and 41 CFR 102-3.150, the Department of Defense announces that the following Federal advisory committee meeting will take place: Name of Committee: Board of Visitors, Defense Language Institute Foreign Language Center. Date: December 12 and 13, 2007. Time of Meeting: Approximately 8 a.m. through 4:30 p.m. Please allow extra time for gate security for both days. Location: Defense Language Institute Foreign Language Center and Presidio of Monterey (DLIFLC & POM), Building 614, Conference Room, Monterey, CA 93944. Purpose of the Meeting: The purpose of the meeting is to provide a general orientation to DLIFLC mission and functional areas. In addition, the meeting will involve administrative matters. Agenda: SummaryDecember 12The board will be briefed on DLIFLC mission and functional areas. December 13Board administrative details to include parent committee introduction, board purpose, operating procedures review, and oath. DLIFLC functional areas will be discussed. Public's Accessibility to the Meeting: Pursuant to 5 U.S.C. 552b and 41 CFR 102-3.140 through 102-3.165, and the availability of space, this meeting is open to the public. Seating is on a first-come basis. No member of the public attending open meetings will be allowed to present questions from the floor or speak to any issue under consideration by the Board. Although open to the public, gate access is required no later than five days prior to the meeting. Contact the Committee's Designated Federal Officer, below, for gate access procedures. Committee's Designated Federal Officer or Point of Contact: Dr. Robert Savukinas, ATFL-APO-AR, Monterey, CA 93944, Robert.Savukinas@us.army.mil, (831) 242-5828.

The U.S. Army Corps of Engineers, Los Angeles District (Regulatory Division), in coordination with the Port of Long Angeles, has completed a Final Environmental Impact Statement/Environmental Impact Report (EIS/EIR) for the Berths 136-147 [TraPac] Container Terminal Project. The Port of Los Angeles requires authorization pursuant to Section 404 of the Clean Water Act and Section 10 of the River and Harbor Act to expand and modernize the container terminal at Berths 136-147 [TraPac], including: Expanding, redeveloping, and constructing container terminal facilities and a new on-dock rail facility; constructing 500 space parking lot for union workers; wharf work including dredging 295,000 cubic yards, renovating 2,900 feet of existing wharf, and constructing 705 feet of new wharf; installing five new gantry cranes to replace six existing gantry cranes; relocating the existing PHL Pier A switcher yard to Rear Berth 200; widening Harry Bridges Boulevard and constructing a new 30-acre landscaped buffer area between ``C'' Street and Harry Bridges Boulevard; and filling the 10- acre Northwest Slip, constructing backlands facilities on the fill, and constructing a new 400-foot wharf along the edge of the fill. In addition, the Port of Los Angeles is considering transporting and discharging at ocean disposal sites excess clean material generated by the dredging activities, which would require authorization pursuant to Section 103 of the Marine Protection, Research, and Sanctuaries Act.

The Department of the Army announces the availability of a ROD which summarizes the decision for implementing realignment actions as directed by the Base Realignment and Closure (BRAC) Commission and Department of Defense (DoD) EUL actions at Fort Meade, Maryland.

The U.S. Army Corps of Engineers (Corps) Omaha District has prepared a Final Supplemental Environmental Impact Statement (SEIS) to analyze the direct, indirect and cumulative effects of enlarging the currently permitted Rueter-Hess Reservoir in Parker, CO. The Draft SEIS was published in the Federal Register on July 27, 2007 (72 FR 41300). The Final SEIS includes responses to comments received on the Draft SEIS. The current project was authorized in February 2004 with Department of the Army Permit No. 199980472 (Section 404 Permit). The basic purpose of the Proposed Action would allow the reservoir to serve as a regional water management facility for multiple water providers in northern Douglas County; enable them to meet peak demands; greatly enhance water management in the region; and help extend the yield of the Denver Basin aquifers, a non-renewable water source and the primary source of water for the South Metro area. Expansion of the reservoir would result in direct impacts to an additional 0.21 acres of wetlands and 4 miles of intermittent stream channel (in addition to the 6.7 acres of wetlands and 5 miles of other waters of the U.S. permitted as part of the 16,200-acre-foot [AF] reservoir). This action requires authorization from the Corps under Section 404 of the Clean Water Act. The Permittee and Applicant is the Parker Water and Sanitation District (PWSD). The Final SEIS was prepared in accordance with the National Environmental Policy Act (NEPA) of 1969, as amended, and the Corps' regulations for NEPA implementation (33 Code of Federal Regulations [CFR] parts 230 and 325, Appendices B and C). The Corps, Omaha District, Regulatory Branch is the lead federal agency responsible for the Final SEIS and information contained in the SEIS serves as the basis for a decision regarding issuance of a Section 404 Permit modification. It also provides information for local and state agencies having jurisdictional responsibility for affected resources.

The meeting originally scheduled for Friday, November 16, 2007, that was published in the Federal Register on October 25, 2007 (72 FR 60662) has been postponed. The meeting has tentatively been rescheduled for Friday, December 7, 2007 at West Point, NY.

The U.S. Army Corps of Engineers (COE), Wilmington District, Regulatory Division has been reviewing 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 Potash Corporation of Saskatchewan Phosphate Division (PCS) for the continuation of its phosphate mining operation near Aurora, Beaufort County, NC. PCS proposes to expand its existing open pit phosphate mining operation into a 3,412 acre tract immediately adjacent to the current mine. This expansion would impact 2,408 acres of waters of the U.S. including wetlands adjacent to the Pamlico River and South Creek. The Notice of Availability of the Draft Environmental Impact Statement for this action was published in the Federal Register on Friday, October 20, 2006 (71 FR 61962).

In accordance with the National Environmental Policy Act (NEPA), the U.S. Army Corps of Engineers (Corps), Sacramento District, will prepare a draft Environmental Impact Statement (DEIS) for Corps authorization actions for the proposed Great Salt Lake Minerals Solar Evaporation Ponds Expansion project. The overall project purpose is to expand extraction capability for potassium at the Great Salt Lake Mineral Corporation's facilities. The proposed expansion would add approximately 33,000 acres of solar evaporative ponds, impacting approximately 30,713.75 acres of waters of the United States, and reducing the need to import raw potassium from other sources. The DEIS will address impacts such as wildlife habitat, water quality, Great Salt Lake water elevations, wetlands, hydrology, cultural resources, transportation, endangered species and industry.

Notice is given of the names of members of a Performance Review Board for the Department of the Army.

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, November 16, 2007. Place of Meeting: The Superintendent's Conference Room, Building 600 (Taylor Hall), West Point, NY. Time of Meeting: Approximately 1 p.m. through 4 p.m. Board Mission: The Board, under the provisions of 10 U.S.C. 4355, and the Federal Advisory Committee Act of 1972, as amended, shall provide the President of the United States independent advice and recommendations on matters relating to the U.S. Military Academy, to include but not limited to morale and discipline, curriculum, instruction, physical equipment, and academic methods. Board Membership: The Board is composed of 15 members, 9 of which are members of Congress and 6 persons designated by the President. The 2007 Chairman of the Board is Congressman John McHugh, New York23rd District.

The Military Surface Deployment and Distribution Command (SDDC) as the Program Manager for DOD's Personal Property Non-Temporary Storage Program is withdrawing the proposed Warehouse Performance Bond Requirement Proposal for Non-Temporary Storage Transportation Service Providers. In light of the information and comments provided and considering the other major on-going initiatives such as implementation of Full Replacement Value liability, Phase III of the Families First initiative, etc. within the DOD Personal Property Program, SDDC has decided to withdraw the proposed Warehouse Performance Bond Requirement Proposal.

Pursuant to the Federal Advisory Committee Act of 1972 (5 U.S.C., Appendix, as amended), the Government in the Sunshine Act of 1976 (5 U.S.C. 552b, as amended) and 41 Code of the Federal Regulations (CFR 102-3.140 through 160), the Department of the Army announces the following committee meeting: Name of Committee: Army Science Board (ASB). Date(s) of Meeting: October 30-31 and November 1, 2007. Time(s) of Meeting: 0800-1700, October 30, 2007. 0800-1700, October 31, 2007. 0800-1200, November 1, 2007. Place of Meeting: Marriott Seattle Airport, 3201 South 17th Street, Seattle, WA 98188. Due to scheduling difficulties the Army Science Board was unable to finalize its agenda in time to publish notice of its meeting in the Federal Register for the 15 calendar days required by 41 CFR 102- 3.150(a). Accordingly, the Committee Management Officer for the Department of Defense, pursuant to 41 CFR 102-3.150(b), waives the 15- calendar day notification requirement.

This notice sets forth the schedule and summary agenda for the fall 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: Friday, November 2, 2007. Time: 8 a.m. to 3 p.m. Location: WHINSEC, 35 Ridgeway Loop, Room 219, Fort Benning, GA Proposed Agenda: The WHINSEC BoV will be briefed on activities at the Institute since the last Board meeting on June 14, 2007 as well as receive other information appropriate to its interests. The BoV will be visiting classes from 9:30 a.m. to 1 p.m.

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: November 2, 2007. Location: Holiday InnQuincy, 201 S. Third Street, Quincy, IL 62301, (217) 222-2666. 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.