Army Department 2009 – Federal Register Recent Federal Regulation Documents

East Kentucky Power Cooperative, Inc. (EKPC) has applied for a permit from the U.S. Army Corps of Engineers (Corps) to authorize unavoidable impacts to jurisdictional waters of the U.S. pursuant to Section 404 of the Clean Water Act (Section 404) and Section 10 of the Rivers and Harbors Act (Section 10). EKPC is proposing to construct and operate a 278 megawatt circulating fluidized bed electric generating unit (CFB) and associated infrastructure at the existing J.K. Smith Power Station (the Smith Site) in southern Clark County, Kentucky (Proposed Action). In addition to the CFB unit, other components of the Proposed Action on the Smith Site include: An approximately one-mile, 345 kV electric transmission line; two (2) beneficial reuse structural fills using coal combustion by-products (CCB); two (2) landfills for the on-site disposal of CCB; an emergency drought water storage reservoir; several soil borrow areas for landfill cover and other site development uses; and a new water intake/outfall structure in the Kentucky River.

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.

Announcement is made of the availability for licensing of the invention set forth in U.S. Provisional Patent Application Serial No. 61/045,184 entitled ``Novel Use and Method of Rapamycin to Treat Toxic Shock,'' filed August 5, 2009. The United States Government, as represented by the Secretary of the Army, has rights to this invention.

The Department of the Army announces the general availability of exclusive, partially exclusive or non-exclusive licenses relative to Journal Bearing Analysis Suite computer modeling code. See this link for a description of the suite and its capabilities: https:// www.grc.nasa.gov/WWW/SurfSci/JournalBearings/main-text.html. Any license shall comply with 35 U.S.C. 209 and 37 CFR 404.

In accordance with section 105(h) of the Estuary Restoration Act of 2000, as amended (Title I, Pub. L. 106-457), announcement is made of the forthcoming meeting of the Estuary Habitat Restoration Council. The meeting is open to the public.

The Department of the Army announces the availability of an FEIS for the implementation of the decision to increase numbers and types of aviation assets and training at Fort Wainwright, Fort Richardson, or other military installations in Alaska. The proposed aviation unit, an Aviation Task Force or Combat Aviation Brigade, would potentially consist of up to 62 medium and heavy lift helicopters, 30 combat scout helicopters, 24 attack helicopters, and between 1,200 to 2,850 Soldiers.

The Department of the Army announces the availability of the DEIS, which evaluates the potential environmental and socioeconomic impacts of BRAC actions at Fort Monroe, Virginia.

The U.S. Army Corps of Engineers (USACE), along with its local sponsor the Louisiana Office of Coastal Protection and Restoration, intends to prepare a supplemental environmental impact statement (SEIS) for the Louisiana Coastal Area (LCA)Louisiana, Maintain Land Bridge between Caillou Lake and the Gulf of Mexico restoration project. This restoration project will examine measures to increase the stability of the land bridge separating Caillou (Sister) Lake from the Gulf of Mexico. This SEIS will tier from the programmatic EIS for the Louisiana Coastal Area (LCA)Louisiana, Ecosystem Restoration Study, November 2004. The Record of Decision for the programmatic EIS was signed on November 18, 2005.

The U.S. Army Corps of Engineers (USACE), along with its local sponsor the Louisiana Office of Coastal Protection and Restoration, intends to prepare a supplemental environmental impact statement (SEIS) for the Louisiana Coastal Area (LCA)Louisiana, Stabilize Gulf Shoreline at Point Au Fer Island restoration project. This restoration project will examine measures to increase the stability of the Gulf of Mexico shoreline on Point Au Fer Island. This SEIS will be tiered off of the programmatic EIS for the Louisiana Coastal Area (LCA)Louisiana, Ecosystem Restoration Study, November 2004. The Record of Decision for the programmatic EIS was signed on November 18, 2005.

The Department of the Army announces the availability of the ROD that implements MCOE actions at Fort Benning including construction, operation and maintenance of proposed operational facilities, training areas (including ranges and maneuver areas), and infrastructure to accommodate the consolidated Armor and Infantry missions of the MCOE and the increase in military personnel and students due to Army growth.

Herbert Hoover Dike is the levee and water control system that provides flood protection to communities surrounding Lake Okeechobee. The purpose of this project is to evaluate rehabilitation solutions for Reaches 2 and 3 of the dike so that the authorized level of flood protection can be provided to reduce the risk of a catastrophic failure or breach of the embankment. Reaches 2 and 3 of the HHD extend for approximately 27 miles between an area west of Belle Glade, Palm Beach County to east of Moore Haven, Glades County, FL. On July 8 2005, the Jacksonville District, U.S. Army Corps of Engineers (Corps) issued a Final Supplemental Environmental Impact Statement (FSEIS) for the Major Rehabilitation actions proposed for Herbert Hoover Dike (HHD), Reach 1. On September 23, 2005, a Record of Decision was signed adopting the preferred alternative as the Selected Plan for Reach 1.

The Mobile District, U.S. Army Corps of Engineers (Corps) intends to prepare a Draft Environmental Impact Statement (DEIS) to

U.S. Army Garrison, Camp Parks, with cooperation from the National Aeronautics and Space Administration (NASA), has prepared a Final EIS to evaluate alternatives for future development as part of a Real Property Master Plan (RPMP) at Camp Parks. Alternatives evaluated in the Final EIS include changes to land use for construction and training, and a Real Property Exchange (RPX) between Camp Parks and a developer in the surrounding community. The RPMP presents a land-use redevelopment plan for the Camp Parks cantonment area, with approximately 180 acres being transferred out of Federal ownership (approximately 171.5 acres is controlled by the U.S. Army and 8.5 acres is controlled by NASA).

In the July 15, 2009, issue of the Federal Register (74 FR 34311) the U.S. Army Corps of Engineers published a proposal to take two actions concerning Nationwide Permit 21, which authorizes discharges of dredged or fill material into waters of the United States for surface coal mining activities. The two proposed actions are to suspend NWP 21 to prohibit its use to authorize surface coal mining activities in the Appalachian region of Kentucky, Ohio, Pennsylvania, Tennessee, Virginia, and West Virginia, and then to modify NWP 21 to make that prohibition permanent until NWP 21 expires on March 18, 2012. The July 15, 2009, notice stated that public comments and any requests for a public hearing must be received by August 14, 2009. We have received several requests to extend the comment period. We are extending the comment period to September 14, 2009.

The U.S. Army Corps of Engineers, Vicksburg District, in cooperation with the New Orleans District and the Louisiana Coastal Protection and Restoration Authority (the non-Federal sponsor), are undertaking studies to develop and evaluate possible alternatives to improve the storm damage reduction capability of the Federal levee system, Plaquemines Parish, LA.

The U.S. Army Corps of Engineers published a document in the Federal Register of July 2, 2009, listing water resources projects deauthorized on March 29, 2009. The document incorrectly included the Baltimore Harbor and Channels, MD & VA (50-ft Deepening) project.

The purpose of the project is to reconstruct and rehabilitate Reaches 1B, 1C and 1D of the Herbert Hoover Dike to prevent catastrophic failure of the system to retain the waters of Lake Okeechobee. On July 8 2005, the Jacksonville District, U.S. Army Corps of Engineers (Corps) issued a Final Supplemental Environmental Impact Statement (FSEIS) for the Major Rehabilitation actions proposed for Herbert Hoover Dike (HHD), Reach One. Herbert Hoover Dike is the levee that completely surrounds Lake Okeechobee. On September 23, 2005, a Record of Decision was signed adopting the preferred alternative as the Selected Plan for Reach One.

Senior Commander, US Army Hawaii, has reviewed the Final Environmental Impact Statement (EIS) for Military Training Activities at MMR and has made the decision to proceed with a variation of Alternative 2 to recommence live-fire training at MMR. Alternative 2 in the Final EIS analyzes up to 50 combined-arms live-fire exercises (CALFEX) and 200 convoy live-fire exercises (LFX). The variation of Alternative 2 allows up to 32 CALFEXs and 150 convoy LFXs, and allows squad- and platoon-level LFXs that lead up to the company-level CALFEX. This decision also reconfirms that the Army will not use MMR for live- fire training at night until all relevant fire suppression measures are met and approved in accordance with the U.S. Fish and Wildlife Service 2007 and 2008 Biological Opinions. The Army has decided not to use the following weapon systems at MMR in order to further protect the environmental and cultural resources of the valley: Tracer ammunition; Javelin and inert, tube-launched, optically tracked, wire-guided (TOW) missiles; anti-tank (AT-4) and 2.75-inch rockets; the shoulder-launched multipurpose assault weapon (SMAW); and illumination munitions. This decision also eliminates the use of Ka'ena Point and C-Ridge for training, due to the risk of wildfire and the potential impacts to threatened and endangered species. This Alternative 2 variation represents a proper balance for meeting the training requirements of the units of the 25th Infantry Division (ID), U.S. Army Reserve, Hawaii Army National Guard, and other users of the range at MMR, while ensuring the Army meets its responsibilities to preserve the land and resources at MMR, and continues to be a good neighbor to the community along the Wai'anae coast.

The Corps will prepare an Environmental Impact Statement to evaluate project alternatives and the public interest review factors for the proposed supercritical pulverized coal/biomass steam power electric generation facility.

The U.S. Army Corps of Engineers (Corps) is proposing to take two actions concerning Nationwide Permit (NWP) 21, which authorizes discharges of dredged or fill material into waters of the United States for surface coal mining activities. First, the Corps proposes to modify NWP 21 to prohibit its use to authorize discharges of dredged or fill material into waters of the United States for surface coal mining activities in the Appalachian region of the following states: Kentucky, Ohio, Pennsylvania, Tennessee, Virginia, and West Virginia until it expires on March 18, 2012. The proposed modification would enhance environmental protection of aquatic resources by requiring surface coal mining projects in the affected region to obtain individual permit coverage under the Clean Water Act (CWA), which includes increased public and agency involvement in the permit review process, including an opportunity for public comment on individual projects. The application of NWP 21 to surface coal mining activities in the rest of the United States would not be affected by this proposed modification.

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 U.S. Patent No. 6,579,233 entitled ``System and Method for Evaluating Task Effectiveness Based on Sleep Patterns,'' issued June 17, 2003 to Fatigue Science, Inc. with its principal place of business at 700 Bishop Street, Suite 2000, Honolulu, HI 96813.