Army Department 2010 – Federal Register Recent Federal Regulation Documents

The U.S. Army Corps of Engineers (USACE), 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 Harbor Act, from Carteret County to develop and implement, under an inter-local agreement between the towns on Bogue Banks barrier island, a multi- decadal Master Plan that would provide ocean shoreline protection to approximately 25 miles of beach over a minimum period of 30 years.

The Department of the Army announces a ROD for conversion of the 3rd ACR to an SBCT at Fort Hood and discusses the environmental impacts of this decision. After conversion, the 3rd ACR will provide the Army with a force structure that has the flexibility to respond better to threats in an unpredictable global security environment. The Army's strategic estimate remains that its force requirements will best be met by a robust multiweight force, composed of a mix of Infantry BCTs and Heavy Armor BCTs augmented with the protection and versatility of an additional SBCT. The 3rd ACR at Fort Hood is being selected because the unit will have maximum time to convert and train with new equipment prior to redeploying. In addition, Fort Hood is an installation capable of providing fully modernized training infrastructure, as well as many of the existing garrison support facilities required for an SBCT, and has adequate maneuver space to accommodate SBCT training. The 3rd ACR will begin converting in 2012 and will be complete in Fiscal Year 2014. With this conversion, the Army will have nine SBCTs (eight Active Component and one Reserve Component).

The Army announces its intent to prepare a PEIS for the proposed growth, realignment, and stationing of new and existing Army aviation assets. The proposed action includes the consolidation and reorganization of existing aviation units, and the establishment of one or more Combat Aviation Brigades (CABs). The proposed action will increase the availability of rotary wing assets to meet current and future national security requirements and will allow the Army better to organize existing aviation assets to promote more effective training and force management. The PEIS will evaluate the environmental impacts associated with the proposed action, which includes the construction and renovation of garrison facilities and additional training needed to support the establishment and realignment of aviation units. The Army is considering the following alternatives in the PEIS: (1) Realign and consolidate existing aviation elements of up to a full CAB at Fort Carson (CO) or Joint Base Lewis-McChord (WA); (2) implement those actions discussed in Alternative 1; in addition, establish a new CAB and station it at Fort Carson or Joint Base Lewis-McChord; and, (3) No-Action Alternative that would retain the Army aviation force structure at its current levels, configurations, and locations. No more than one additional CAB would be assigned to either of the stationing locations being considered. As part of Alternatives 1 and 2, aviation units would conduct training on existing training land at either the Yakima Training Center (YTC) (WA) or the Pinon Canyon Maneuver Site (PCMS) (CO) in order to maintain training proficiency and support integrated training with ground units. Land acquisition is not being considered as part of this action. Fort Carson and Joint Base Lewis-McChord are the only stationing alternatives that meet all of the Army's stationing requirements for new CAB stationing. These locations provide an existing runway and airfield, provide adequate maneuver and airspace for CAB operations, and are equipped with existing training ranges that can support CAB training. Each location is currently the home station of three or more ground maneuver Brigade Combat Teams (BCTs), which allows the Army to maximize integrated air/ground training. Joint Base Lewis-McChord and Fort Carson are the only major installations that have three or more BCTs but no CAB dedicated to provide aviation support for training. Additionally, Joint Base Lewis-McChord has many of the existing garrison facilities to accommodate CAB units while Fort Carson has space available to construct additional CAB facilities.

In accordance with 37 CFR 404.7(a)(1)(i), announcement is made of a prospective partially exclusive license of the following U.S. Patent Application 12/243,084, Filed October 01, 2008, to Green & Grow LLC for use in agricultural applications and products (to include crop preparation, cover crop, seed germination, seed coatings, side dressing, lawn application and starter ground cover) and applications in the fields of soil and slope stabilization, enhanced bioremediation, dust and run-off control, fly ash removal, emissions particulate removal, metal and inorganic chelation in soils and water, soil erosion, road stabilizer, and dust suppression.

The Corps of Engineers (Corps) is proposing to amend its regulations to establish a permanent restricted area in the waters of the Potomac River in the vicinity of Marine Corps Base (MCB) Quantico, located in Quantico, Virginia. The establishment of a permanent restricted area is necessary to reflect the current security and safety needs at MCB Quantico, including protection of military assets at the Marine Corps Air Facility (MCAF) Quantico, which include the Presidential Helicopter Squadron. The assets located on MCAF Quantico are considered national assets of strategic value and require the increased protection obtained by restricting all public access to within 500 meters of the MCAF shoreline. The proposed restricted area provides standoff from most small arms weapons, acts as a security buffer, and assists USMC security forces in determining intent amongst heavy boat traffic. Additionally, there is an extreme hazard to small craft and vessels operating in close proximity to the MCAF due to jet and prop wash from heavy jet and rotary wing aircraft operating at low altitudes while conducting takeoff and landing operations. The proposed restricted area protects public safety by denying vessels access to this danger. The restricted area is also required to protect public health by preventing vessels from disturbing a planned environmental remediation area located in the vicinity of MCAF. The restricted area will extend approximately 500 meters from the shoreline of MCB/MCAF Quantico and will include the Chopawamsic Creek channel.

The U.S. Army requested that the U.S. Army Corps of Engineers (Corps) revise the regulation for the restricted area in the Cape Fear River and its tributaries at Sunny Point Army Terminal, Brunswick County, North Carolina, by renaming the marker buoys and specifying the latitude and longitude for those buoys. There are no other changes proposed for this restricted area regulation. The purpose of the proposed rule is to correct the buoys designating the boundary of the restricted area which provide security for the facility, and prevent acts of terrorism, sabotage, or other criminal acts against the facility, including vessels loading and offloading at the Sunny Point Army Terminal. In the ``Rules and Regulations'' section of the Federal Register, we are publishing this change to the restricted area regulation as a direct final rule without prior proposal because we view this as a non-controversial adjustment to our restricted area regulations and anticipate no adverse comment. We have explained our reasons for this approval in the preamble to the direct final rule. If we receive no adverse comment, we will not take further action on this rule and it will go into effect. If we receive adverse comment, we will withdraw the direct final rule and it will not take effect. We will

The Department of the Army announces the availability of a ROD that documents and summarizes the implementation of the preferred alternative described in the Fort Bliss Army Growth and Force Structure Realignment Final Environmental Impact Statement (hereinafter referred to as the FEIS). The preferred alternative consists of actions in three different categories (stationing/training, land use changes, and training infrastructure improvements) of interrelated alternatives.

The Department of the Army announces the availability of an FEIS to analyze the environmental and socioeconomic impacts resulting from the proposed construction and operation of 12 range projects and two garrison support facilities at Fort Stewart, Georgia.

The U.S. Army Corps of Engineers (USACE), Los Angeles District, and the City of San Clemente are issuing this notice to announce the availability for public review and comment of a Draft Joint Environmental Impact Statement/Environmental Impact Report (Draft EIS/EIR) for the San Clemente Shoreline Feasibility Study. The purpose of the San Clemente Shoreline Feasibility Study (Project) is to provide shore protection through nourishment of the beach at the Pier. Developing and maintaining the beach is needed to prevent the severe beach erosion that results from winter storms and to prevent damage to adjacent beachfront structures, including the heavily used rail line that runs along the beach through the City. The City of San Clemente is located along the coast of southern California about 60 miles (100 kilometers) south of Los Angeles at the southern end of Orange County near the border of San Diego County. The study area is encompassed within the City of San Clemente and extends approximately 3,412 ft (1,040 m) from Linda Lane to T Street. The Proposed Project consists of dredging material from offshore Oceanside, then hauling and placing it at San Clemente Beach. The proposed Project is a 50 foot (15 m) resultant beach width. Beach fill would be 3,412 ft (1,040 m) long with a +17 ft (+5.2 m) crest elevation. The dredge volume is estimated to be approximately 251,130 cubic yards (192,000 m3). Construction is anticipated to begin in 2012.

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:

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:

On January 22, 2009, the Alaska District, U.S. Army Corps of Engineers (Corps) published a notice of intent to prepare a Draft

Announcement is made of the availability for licensing of the invention set forth in U.S. Patent Application Serial No. 11/727,486, entitled ``Artificial Invaplex,'' filed March 27, 2007. Foreign rights are also available for licensing (PCT/US2007/007482). The United States Government, as represented by the Secretary of the Army, has rights to this invention.

Announcement is made of the availability for licensing of the invention set forth in U.S. Patent Application Serial No. 11/132,199, entitled ``Construction of Live Attenuated Shigella Vaccine Strains that Express CFA/I Antigens (CFAB and CFAE) and the B Subunit of Heat- Labile Enterotoxin (LTB) From Enterotoxigenic E. Coli,'' filed May 19, 2005. The United States Government, as represented by the Secretary of the Army, has rights to this invention.

In accordance with 35 U.S.C. 209(e), and 37 CFR 404.7(a)(1)(i), announcement is made of the intent to grant a field of use exclusive, revocable license for the field of shigella vaccine development to U.S. Patent Application No. 11/727,486 entitled ``Artificial Invaplex,'' filed March 27, 2007, and related foreign patent applications (PCT/US2007,007482) to Sanofi Pasteur S.A., with its principal place of business at 2 Avenue du Pont Pasteur, 69007 Lyon, France.

The U.S. Army Corps of Engineers, Sacramento District, (Corps) has prepared a Draft Environmental Impact Statement (EIS) to analyze programmatically the direct, indirect and cumulative effects associated with six residential development projects in the Sunridge Specific Plan area in Rancho Cordova, Sacramento County, CA.

Pursuant to the Federal Advisory Committee Act of 1972 (5 U.S.C., Appendix, as amended), the Sunshine in the Government Act 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:

In compliance with section 3506(c)(2)(A) of the Paperwork Reduction Act of 1995, the Department of the Army proposes to extend a public information collection and seeks public comment on the provisions thereof. Comments are invited on: whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information shall have practical utility; the accuracy of the agency's estimate of the burden of the proposed information collection; ways to enhance the quality, utility, and clarity of the information to be collected; and ways to minimize the burden of the information collection on respondents, including through the use of automated collection techniques or other forms of information technology.

The Department of the Army proposes to alter a system of records notices in its existing inventory of record systems subject to the Privacy Act of 1974, (5 U.S.C. 552a), as amended.

The U.S. Army Corps of Engineers (Corps), in conjunction with the California Natural Resources Agency, is preparing an EIS/EIR for the Salton Sea Species Conservation Habitat (SCH) Project. The Corps is considering the Natural Resources Agency's application for a Department of the Army permit under section 404 of the Clean Water Act to construct habitat configured in a series of interconnected shallow ponds within the current footprint of the Salton Sea. Preliminary evaluations of potential siting areas indicate that ponds could be constructed at either the north or south ends of the Salton Sea, or in both areas. The SCH Project would be created as the Sea recedes by constructing dikes below the elevation of -228 feet mean sea level (msl) using material excavated from the sea bed. Rivers, which have better water quality than agricultural drain water, would provide the source of water for the ponds. The Project size at total build-out is currently expected to be approximately 2,400 acres, which may be constructed over a period of several years depending on land availability and cost. The final project size may vary depending on the outcome of the alternatives development process. Habitat ponds would vary in size, with several ponds constructed in each phase depending on land availability. Habitat would continue to be constructed in phases in subsequent years as the Sea recedes until the targeted acreage of habitat was constructed. The habitat would be designed with varying ranges of salinity in order to maximize biological productivity and minimize adverse effects associated with water quality. It is anticipated that the SCH Project would begin construction in late 2011 or early 2012.

The U.S. Army Corps of Engineers, Los Angeles District (Regulatory Division), in coordination with the California Department of Fish and Game (CDFG), has completed a Final Environmental Impact Statement/Environmental Impact Report (EIS/EIR) for the Newhall Ranch Resource Management and Development Plan and Spineflower Conservation Plan. The project proponent and landowner, The Newhall Land and Farming Company, requires a long-term Section 404 permit from the Corps of Engineers for permanent impacts to approximately 93.3 acres of waters of the United States, including, 20.5 acres of wetlands, for the construction of various facilities in waters of the United States associated with the development of a new community composed of a broad range of residential, mixed-use and nonresidential land uses in the 12,000-acre project area located in Santa Clarita, Los Angeles County, California. The Corps 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, Section 4.7 and Appendix D.7), pursuant to Section 176(c) of the Clean Air Act. A general conformity determination is necessary because construction of the proposed project would require Federal action (i.e., issuance of a Corps permit for activities proposed in 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 proposed project is being included in the Final EIS/EIR in this case.

The U.S. Army Corps of Engineers (Corps) is immediately suspending Nationwide Permit (NWP) 21, which authorizes discharges of dredged or fill material into waters of the United States for surface coal mining activities, in the Appalachian region of Kentucky, Ohio, Pennsylvania, Tennessee, Virginia, and West Virginia. This suspension is an interim measure to protect the aquatic environment while we evaluate modification of NWP 21 or until NWP 21 expires in 2012. While the suspension is in effect, individuals who seek authorization for discharges of dredged or fill material into waters of the United States for surface coal mining projects in the affected region will have to obtain Department of the Army authorization under the Clean Water Act (CWA), through the individual permit process. Individual permits will result in increased public involvement in the permit evaluation process, including an opportunity for public comment on individual projects. NWP 21 activities that have been verified by District Engineers prior to the effective date of this suspension in the affected region continue to be authorized by that NWP until it expires on March 18, 2012, unless the District Engineer takes action to modify, suspend or revoke a particular NWP authorization on a case-by-case basis in accordance with the procedures at 33 CFR 330.5(d). District engineers may not modify previously issued NWP 21 verifications in this region to authorize additional discharges of dredged or fill material into waters of the United States; such discharges must be applied for and evaluated under the individual permit process. This suspension of NWP 21 does not apply to other regions of the United States. The suspension will remain in effect until the Corps takes further action on NWP 21 or until NWP 21 expires on March 18, 2012. The Corps will publish its decision concerning the proposed NWP 21 modification in a future Federal Register notice.

The Department of the Army announces the availability of an updated ROD for Army Growth and Force Structure Realignment. This ROD explains that the Army has modified previous decisions made in December 2007 to support Army growth and force structure realignment. The Army's decision at the time grew the Army by six Infantry Brigade Combat Teams (IBCTs), eight active component support brigades, and associated growth in smaller combat support and combat service support units required to complement the U.S. Army's overall force structure growth. The decision also relocated two Heavy Brigade Combat Teams (HBCTs) from Europe to the continental United States. This updated ROD details how the Army has modified growth and realignment decisions to better meet operational mission requirements. Specifically, the original decision is being modified by this updated ROD in the following ways:

The Department of the Army proposes to delete a system of records notice from 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 the FEIS which evaluates the potential environmental and socioeconomic impacts associated with the disposal and reuse of Fort Monroe, Virginia.