Army Department March 2007 – Federal Register Recent Federal Regulation Documents

The U.S. Army Corps of Engineers (Corps), New Orleans District intends to prepare a Draft Supplemental Environmental Impact Statement (DSEIS) to evaluate potential impacts of the construction of a replacement lock in the Industrial Canal located in New Orleans, LA. The original EIS, Main Report and Final Environmental Impact Statement for the Mississippi RiverGulf Outlet, New Lock and Connecting Channels, Louisiana (Evaluation Report and EIS) issued in March 1998 focused on the potential impacts of construction of a new lock, including impacts to the local community and supporting infrastructure. After evaluating the March 1998 EIS, the Corps issued a Record of Decision (ROD) on December 18, 1998 selecting the location and construction method of the replacement lock and several additional project components to improve the surrounding project area. The Corps decision was challenged in United States District Court and the Court's Order on Motions for Summary Judgment was issued on October 3, 2006 as part of Case No. 2:03-cv-00370-EEF-KWR, United States District Court Eastern District of Louisiana. The Courts' decision enjoined the Corps from continuing with the project until additional compliance with the National Environmental Policy Act (NEPA) is completed. Accordingly, the Corps is preparing a SEIS.

The notice published in the Federal Register on March 13, 2007 (72 FR 11337) contained an incorrect address for the New Orleans East Sub-Basin scoping meeting being held on April 11, 2007. The scoping meeting will be held at the Avalon Hotel & Conference Center, 10100 I- 10 Service Road, New Orleans, LA 70121.

The Department of the Army is proposing to alter a system of records 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 proposing to alter a system of records 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 announces the availability of a Final Supplemental Programmatic Environmental Impact Statement (SEIS) 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 (IGPBS), Base Realignment and Closure (BRAC), the Army Campaign Plan, and other Army initiatives. The Final SEIS supplements 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 Department of the Army announces the availability of an FEIS which evaluates the potential environmental impacts associated with realignment actions directed by the BRAC Commission at Fort Sam Houston and Camp Bullis, Texas.

The Placer Vineyards Specific Plan Property Group proposes to construct a mixed-use master planned community with residential, employment, commercial, open space, recreational and public/quasi- public land uses. The Plan provides for 14,132 homes in a variety of housing types, styles, and densities. At full Plan build-out, projected to occur over a 20- to 30-year time period, Placer Vineyards will have a population of approximately 33,000 people, 42 acres of employment centers, 140 acres of retail commercial centers and approximately 930 acres of new parks and open space. This project, as proposed, would result in impacts to approximately 102.7 acres of waters of the United States, including 8.5 acres of temporary impacts to water and wetlands.

In accordance with 37 CFR part 404.6, announcement is made of the availability for licensing of U.S. Patent No. US 7,186,792 B2 entitled ``Methods for Polymerization of Electronic and Photonic Polymers'' issued March 6 2007. This patent has been assigned to the United States Government as represented by the Secretary of the Army.

In accordance with 37 CFR 404.6 and 404.7, announcement is made of the availability for licensing of the invention set forth in U.S. Patent No. 7,154,433 entitled ``Method and Device for the Detection and Track of Targets in High Clutter,'' issued on December 26, 2006. The United States Government, as represented by the Secretary of the Army, has rights in this invention.

The Department of the Army proposes to amend its regulation concerning law enforcement reporting. The regulation prescribes policies and procedures on preparing, reporting, using, retaining, and disposing of Military Police Reports. The regulation prescribes policies and procedures for offense reporting and the release of law enforcement information.

The U.S. Army Corps of Engineers (USACE), Mississippi Valley Division, New Orleans District (CEMVN) is implementing Alternative Arrangements under the provisions of the Council on Environmental Quality Regulations for Implementing the National Environmental Policy Act (NEPA) (40 CFR 1506.11) in order to expeditiously complete environmental analysis of major portions of a new 100-year level of Hurricane and Storm Damage Reduction effort authorized and funded by the Administration and the Congress. The proposed actions are located primarily in southern Louisiana and relate to the Federal effort to rebuild the Hurricane and Storm Damage Reduction system following Hurricanes Katrina and Rita. The USACE consultation with the Council on Environmental Quality (CEQ), as required under 40 CFR 1506.11 and the USACE Environmental Quality Procedures for Implementing the NEPA (33 CFR 230), concluded on February 23, 2007 with the CEQ approving the Alternative Arrangements. The Alternative Arrangements request was also coordinated with the U.S. Fish and Wildlife Service, National Marine Fisheries Service, Environmental Protection Agency, Advisory Council on Historic Preservation, Department of Homeland Security-Federal Emergency Management Agency, Louisiana Department of Wildlife and Fisheries, Louisiana Department of Natural Resources, Louisiana Department of Environmental Quality and the Louisiana State Historic Preservation Officer. During the consultation, the USACE and CEQ hosted four public meetings in New Orleans metropolitan area to assess the request and gather input on the proposed Alternative Arrangements. The input received during the course of the discussions and meetings provided strong support for Alternative Arrangements that allow for expedited decisions on actions to lower the risk of floods and that restore public confidence in the hurricane storm reduction system so that the physical and economic recovery of the area can proceed as citizens return and rebuild. It was also made clear that the Alternative Arrangements should provide the USACE a way to proceed that complements other ongoing and proposed hurricane protection and coastal restoration efforts. These Alternative Arrangements apply to certain proposed actions included in the 100-year Hurricane and Storm Damage Reduction measures authorized under Public Law 109-234, Emergency Supplemental Appropriations Act for Defense, the Global War on Terror, and Hurricane Recovery, 2006 (4th Supplemental). The Alternative Arrangements will allow decisions on smaller groups of proposed actions to move forward sooner than under the traditional NEPA process. An in-depth analysis and consideration of potential environmental impacts will be completed and negative environmental impacts will be addressed. Detailed information on the Alternative Arrangements can be downloaded from the USACE New Orleans District Web site at: https://www.mvn.usace.army.mil/ pd/EnvirProcessesNEPA/Index.htm.

The U.S. Army Corps of Engineers (Corps) is reissuing all existing nationwide permits (NWPs), general conditions, and definitions, with some modifications. The Corps is also issuing six new NWPs, two new general conditions, and 13 new definitions. The effective date for the new and reissued NWPs will be March 19, 2007. These NWPs will expire on March 18, 2012. The NWPs will protect the aquatic environment and the public interest while effectively authorizing activities that have minimal individual and cumulative adverse effects on the aquatic environment.

The U.S. Fish and Wildlife Service (Service) and the California Department of Fish and Game (CDFG) are proposing a restoration plan for 15,100 acres (6,111 hectares) of former commercial salt ponds in south San Francisco Bay. This South Bay Salt Pond (SBSP) Restoration Project would use a combination of restored tidal marsh, managed ponds, flood control measures and public access features to meet the three goals of the plan: to restore wildlife habitat, to provide flood protection and to provide wildlife-oriented public access. The ponds are located at the Don Edwards San Francisco Bay National Wildlife Refuge and at the Eden Landing State Ecological Reserve. The Draft Environmental Impact Statement/Environmental Impact Report (EIS/EIR) includes program-level evaluation of the SBSP long- term alternatives as well as project-level analysis of the first phase of restoration (the Phase 1 actions). The Draft EIS/EIR has been prepared jointly by the Service, the U.S. Army Corps of Engineers (Corps) and the CDFG to analyze the impacts of the SBSP. The EIS/EIR presents a limited evaluation of the potential impacts associated with the list of possible South San Francisco Bay Shoreline Study (Shoreline Study) actions. The Shoreline Study area includes the SBSP Restoration Project area as well as shoreline and floodplain areas in the counties of Alameda, San Mateo, and Santa Clara. The Corps and non-Federal sponsors will prepare an EIS/EIR for the Shoreline Study, which will tier off of this EIS/EIR and cover specific project-level actions. Note that the Draft SBSP EIS/EIR is being submitted for public review under separate Federal and State processes. The following addresses and due dates are applicable to the Federal NEPA review process:

Pursuant to the Federal Advisory Committee Act of 1972 (5 U.S.C., Appendix, as amended), the Sunshine in the Government Act of 1976 (5 U.S.C. 552b, as amended), and 41 CFR 102-102-3.150, the following meeting notice is announced: Name of Committee: U.S. Army War College Subcommittee of the Army Education Advisory Committee. Dates of Meeting: April 19, 2007 and April 20, 2007. Place of Meeting: U.S. Army War College, 122 Forbes Avenue, Carlisle, PA, Command Conference Room, Root Hall, Carlisle Barracks, Pennsylvania 17013. Time of Meeting: 8:30 a.m.-5 p.m. Proposed Agenda: Receive information briefings; conduct discussions with the Commandant and staff and faculty; table and examine online College issues; assess resident and distance education programs, self- study techniques, assemble a working group for the concentrated review of institutional policies and a working group to address committee membership and charter issues; propose strategies and recommendations that will continue the momentum of federal accreditation success and guarantee compliance with regional accreditation standards.