Army Department 2008 – Federal Register Recent Federal Regulation Documents

On April 30, 2008, the U.S. Army Corps of Engineers, Los Angeles District, Regulatory Division (Corps) in coordination with the Los Angeles Harbor Department (LAHD) completed and published the Recirculated Draft Environmental Impact Statement/Environmental Impact Report (EIS/EIR) for the Berths 97-109 [China Shipping] Container Terminal Project (Project) in the Port of Los Angeles. The Corps and LAHD considered all comments received in preparing the Final EIS/EIR, which is available for a 30-day review. The Final EIS/EIR includes a draft general conformity determination (see Section 3.2 and Appendix P), pursuant to Section 176(c) of the Clean Air Act. A general conformity determination is necessary because Project construction would require Federal action (i.e., issuance of a Corps permit for activities proposed in and over navigable waters and waters of the U.S.) and not all the Federal action's direct and indirect emissions would be below specified de minimis thresholds (40 CFR 93.153(b)). Pursuant to the general conformity regulations (40 CFR Part 93 Subpart B), general conformity determinations do not have to be included in the EIS and can be separately noticed, but the draft general conformity determination for the Federal action associated with the Project is being included in the Final EIS/EIR in this case. The Final EIS/EIR, including the draft general conformity determination, is available for public review during the next 30 days at the Los Angeles Harbor Department, 425 South Palos Verdes Street, San Pedro, California, on the Port's Web site: https:// www.portoflosangeles.org, and on the Corps' Web site: https:// www.spl.usace.army.mil/regulatory/POLA.htm (scroll down to the links under China Shipping Project). In addition, the Final EIS/EIR, including the draft general conformity determination, is available at the following libraries: L.A. Public Library, Central Branch, 630 West 5th Street, Los Angeles, California; L.A. Public Library, San Pedro Branch, 921 South Gaffey Street, San Pedro, California; and L.A. Public Library, Wilmington Branch, 1300 North Avalon, Wilmington, California. Any comments received by the Corps and LAHD on the Final EIS/EIR or the included draft general conformity determination during the next 30 days will be considered fully before the Corps makes a final general conformity determination and finalizes the Record of Decision (ROD) for the Federal action associated with the Project. The Corps will publish a notice of a final general conformity determination in the Federal Register within 30 days of rendering a final decision. The public can request from the Corps copies of the ROD, which includes responses to comments on the Final EIS/EIR, including any on the draft general conformity determination, following publication of a final general conformity determination and upon execution of the ROD.

The U.S. Army Corps of Engineers (Corps) is issuing a final rule establishing a restricted area within Puget Sound at Orchard Point, at the U.S. Navy Manchester Fuel Depot, near Manchester. The Corps is also amending an existing regulation for restricted areas within Sinclair Inlet at the Naval Base Kitsap-Bremerton and the Puget Sound Naval Shipyard, at the City of Bremerton, Kitsap County. The purpose of the new restricted area is to ensure the security and safety of the public, and satisfy security, safety and operational requirements as they pertain to naval vessels. The purpose of the amended restricted area is also to ensure the security and safety of the public, and satisfy security, safety and operational requirements as they pertain to naval vessels, in addition to releasing for unimpeded transit of Washington State Ferries the eastern most area of the established restricted area. The restricted areas will be marked on navigation charts to ensure security and safety for the public.

The U.S. Army Corps of Engineers, Sacramento District, (Corps) will prepare an Environmental Impact Statement (EIS) for The Arboretum project, a mixed-use residential and commercial development in Rancho Cordova, Sacramento County, CA. Lewis Operating Corp. has applied for a Department of the Army permit to fill approximately 31.78 acres of waters of the United States, including wetlands, to construct the project.

The U.S. Army Corps of Engineers (COE) is preparing an Environmental Impact Statement (EIS) to analyze the direct, indirect, and cumulative effects of continued commercial dredging of sand and gravel from the Missouri River in Missouri and Kansas. The proposed dredging will occur in a navigable waterway and the portion of dredged material that is too coarse or too fine to be used will be discharged back into the river, thereby requiring Department of the Army (DA) authorization under Section 10 of the River and Harbors Act and Section 404 of the Clean Water Act. Commercial dredging in the Missouri River has been ongoing for more than 50 years but has increased from approximately 1.3 million tons per year in 1974 to approximately 8 million tons in 2006. The current DA permits for six Missouri River commercial dredging operations will expire December 31, 2009 and those six operations and four proposed operations have applied for new DA permits to dredge up to 12.435 million tons per year beginning in 2010.

Announcement is made of the availability for licensing of the invention set forth in U.S. Provisional Patent Application Serial No. 61/043,242 entitled ``Chest Tube Clamp,'' filed April 8, 2008. The United States Government, as represented by the Secretary of the Army, has rights in this invention.

Announcement is made of the availability for licensing of the invention set forth in U.S. Provisional Patent Application Serial No. 61/041,958 entitled ``Therapeutic Trigger Simulator,'' filed April 3, 2008. The United States Government, as represented by the Secretary of the Army, has rights in this invention.

The Department of the Army announces that, unless there is an objection within 15 days of this notice, that it is contemplating granting an exclusive license to Skytel, Inc, a corporation having a place of business in Clinton, MS, on ``System And Method For Tactical Centralized Event Warning/Notification For Individual Entities'' by Paul Manz of PM Battle Command, disclosure docket numberCECOM 5531; ``System And Method For Semi-Distributed Event Warning/Notification For Individual Entities'' by Paul Manz of PM Battle Command, disclosure docket numberCECOM 5530; ``System And Method For Tactical Distributed Event Warning/Notification For Individual Entities'' by Paul Manz of PM Battle Command and Fernando Maymi of the U.S. Military Academy (USMA), disclosure docket numberCECOM 5532; and ``System For Event Warning/ Notification And Reporting For Individual Entities'' by Paul Manz of PM Battle Command and Fernando Maymi of USMA, disclosure docket number CECOM 5533. Any license granted shall comply with 35 U.S.C. 209 and 37 CFR Part 404.

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 January 25, 2008 in compliance with the requirements set forth in Title 10 U.S.C. 2166. Date: Friday, December 5, 2008. 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 4, 2008 as well as receive other information appropriate to its interests.

In order to establish a stable, sandy beach seaward of the Sheraton Waikiki Hotel, its owners propose to construct three T-head groins extending seaward from the existing seawall which defines the hotel property boundary. They propose to pump sand from nearby marine deposits and place it between the groins to form a protected beach. The proposed project site, which is within the State of Hawai'i Conservation District, would remain state-owned. The project site is located within the navigable waters of the United States and the proposed activity is subject to the regulatory jurisdiction of the U.S. Army Corps of Engineers.

This amended notice provides information regarding the properties that have been determined surplus to the United States needs in accordance with the Defense Base Closure and Realignment Act of 1990, Public Law No. 101-510, as amended, and the 2005 Base Closure and Realignment Commission Report, as approved, and following screening with Federal agencies and Department of Defense components. This Notice amends the Notice published in the Federal Register on May 9, 2006 (71 FR 26930).

The U.S. Army Corps of Engineers (Corps), in cooperation with the Pennsylvania Turnpike Commission and the U.S. Environmental Protection Agency, as a Cooperating Agency, have prepared a Final Environmental Impact Statement (FEIS)/Section 404 Permit Application for the Southern Beltway Transportation Project from I-79 to the Mon/ Fayette Expressway in Washington County, PA. The overall purpose of the project is to provide transportation mobility safety improvements, to relieve congestion, and to support economic development plans in southwestern Pennsylvania. The FEIS assesses the environmental effects of the various alternatives developed to address the project needs.

This action removes 32 CFR Part 578, Decorations, Medals, Ribbons, and Similar Devices. The Department of the Army has determined that the rules prescribing policy and criteria for military awards and the administrative instructions for processing military awards are not required to be published in the Code of Federal Regulations (CFR) because they are not generally applicable and have no legal effect per 44 U.S.C. 1505.

Announcement is made of the availability for licensing of the invention set forth in U.S. Provisional Patent Application Serial No. 61/102,910 entitled ``Medical Tube Securing Device,'' filed October 6, 2008. The United States Government, as represented by the Secretary of the Army, has rights in this invention.

The Mobile District, U.S. Army Corps of Engineers (Corps) intends to prepare a Draft Environmental Impact Statement (EIS) to address the potential impacts associated with permitting construction of a dam and reservoir along Murder Creek in Conecuh County, AL. Evaluation of the proposed project via an EIS will proceed in compliance with the National Environmental Policy Act (NEPA). Upon completion of the EIS, the Corps will evaluate a permit application for the proposed work under the authority of Section 404 of the Clean Water Act.

Pursuant to the Federal Advisory Committee Act of 1972 (5 U.S.C., Appendix, as amended), the Government in the Sunshine of 1976 (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: November 5-6 2008. Time(s) of Meeting: 0800-1700, November 5, 2008, 0800-1700, November 6, 2008. Place of MeetingHuntsville Marriott, 5 Tranquility Base, Huntsville, AL 35805.

The U.S. Army Corps of Engineers (USACE) and California State Coastal Conservancy (Conservancy), in collaboration with the Long Term Management Strategy for Dredged Material in San Francisco Bay (LTMS) agencies, are proposing the use of an aquatic transfer facility (ATF) to beneficially use dredged material in restoring tidal wetlands at the original Hamilton Wetland Restoration Project site and the Bel Marin Keys Unit V Expansion site (collectively, the HWRP). The USACE is the lead agency for this project under the National Environmental Policy Act (NEPA). The Conservancy is the lead agency for this project under the California Environmental Quality Act (CEQA).

The Department of the Army published a Notice of Availability in the Federal Register of October 10, 2008, concerning the DEIS for Disposal and Reuse of Fort McPherson, Georgia. The Notice of Availability contained incorrect information.

The Department of the Army announces the general availability of exclusive, partially exclusive or non-exclusive licenses relative to a novel dendrimer technology as described in United States Patent 6,716,450 entitled ``Enhancing Protein Activity Through Nanoencapsulation'', Yin, et al., issued April 6, 2004. Licenses shall comply with 35 U.S.C. 209 and 37 CFR 404.

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. Provisional Patent Application Serial No. 61/096,941 entitled ``Intraoral Measurement of Saliva Osmolarity to Measure Hydration Status,'' filed September 15, 2008. The United States Government, as represented by the Secretary of the Army, has rights in this invention.

The Department of the Army is proposing to amend 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 amending a system of records notice in its existing inventory of record 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 DEIS for the implementation of the decision to station a new Infantry Brigade Combat Team (IBCT) and smaller combat support units at Fort Carson, and the potential stationing of a Combat Aviation Brigade (CAB) at Fort Carson in the future.

In compliance with the National Environmental Policy Act (NEPA) of 1969, 40 CFR 1508.22, and 33 CFR Parts 230 and 325, and in conjunction with the Sanitation Districts, the U.S. Army Corps of Engineers (Corps) is announcing its intent to prepare a DEIS/EIR for the Clearwater Program. The Clearwater Program is a strategic planning initiative to identify wastewater conveyance, wastewater treatment, effluent management, solids processing, and biosolids management needs for the Sanitation Districts' Joint Outfall System through the year 2050. The Clearwater Program will entail the preparation of a new Master Facilities Plan (MFP), which will guide the management, and upgrade/development of the Sanitation Districts' infrastructure. A major component of the MFP is the construction of a new ocean outfall structure extending from the coastline in the vicinity of White Point, Point Fermin, or the Port of Los Angeles up to approximately 7 miles seaward of San Pedro Bay in the Pacific Ocean. The construction of the structure would entail discharge of dredged and fill material in waters of the United States, work in navigable waters of the United States, and potentially the transport of dredged material for ocean disposal. Accordingly, the Sanitation Districts intend to submit a Department of Army application pursuant to Section 404 of the Clean Water Act (CWA), Section 10 of the Rivers and Harbors Act (RHA), and if necessary Section 103 of the Marine Protection, Research, and Sanctuaries Act (MPRSA). For Additional Information Contact: Kenneth Wong, Project Manager, at (213) 452-3290 (kenneth.wong@usace.army.mil), U.S. Army Corps of Engineers, Los Angeles District, P.O. Box 532711, Los Angeles, CA 90053-2325.