Army Department 2011 – Federal Register Recent Federal Regulation Documents

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. Sec. 552b, as amended), and 41 CFR 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: November 15, 2011. 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.-12:30 p.m. Proposed Agenda: Receive various information briefings and updates and dialogue with the Commandant on issues and matters related to the continued growth and development of the United States Army War College.

The U.S. Army Corps of Engineers (Corps) is considering a permit application from Eagle Rock Aggregates, Inc., a division of Polaris Minerals Corporation, to develop an aggregate receiving and storage terminal on privately held land within the Port of Long Beach (Port). The Proposed Action would be subject to the Corps permitting authority under Section 10 of the River and Harbors Act and include the following in-water and land-based elements: dredging, wharf improvements, installation of truck scales and conveyor system for aggregate. The primary Federal concerns are the dredging and wharf improvements within waters of the United States and the potential impacts to the natural and human environment. Therefore, in accordance with the National Environmental Policy Act (NEPA), the Corps is requiring the preparation of an Environmental Impact Statement (EIS) prior to consideration of any permit action. The Corps may ultimately make a determination to permit or deny the Proposed Action, or permit or deny alternatives to the Proposed Action. Pursuant to the California Environmental Quality Act (CEQA), the Port will serve as the lead agency for the preparation of an Environmental Impact Report (EIR) for its consideration of development approvals within its jurisdiction. The Corps and the Port have agreed to jointly prepare a DEIS/DEIR in order to optimize efficiency and avoid duplication. The DEIS/DEIR is intended to be sufficient in scope to address the Federal, state, and local requirements and environmental issues concerning the proposed activities and permit approvals.

Announcement is made of the availability for licensing of the invention set forth in U.S. Provisional Patent Application Serial No. 61/572,677, entitled ``Method for Estimating Core Body Temperature from Heart Rate,'' filed on July 8, 2011. The United States Government, as represented by the Secretary of the Army, has rights to this invention.

The United States Army Pacific and United States Army Garrison, Hawai`i propose to modernize training ranges, training support infrastructure (e.g., roads and utilities), and training support facilities in the cantonment area at PTA to meet the training requirements of military units in Hawai`i. This modernization would improve the quality of training, make more efficient use of facilities at PTA and reduce a current shortfall in collective (group) live-fire training capabilities for units stationed in Hawai`i. The shortfall has been created by ranges that do not meet current Army design standards or are otherwise not resourced to train platoon and company-sized units when they deploy with their battalions and brigades to PTA to conduct semiannual training. In addition, much of the training support facilities and training support infrastructure at PTA are old, are operating beyond their useful life and do not meet current DoD design standards as defined in the Military Standard 3007 Unified Facilities Criteria and Unified Facilities Guide Specifications. The Army provides a list of modernization projects that could be built in the reasonably foreseeable future within the Draft Programmatic EIS. The modernization list also includes requirements from the U.S. Marine Corps (another major user of PTA), with these projects being evaluated in the cumulative impacts section of the Draft Programmatic EIS. These projects are essential to support modernization of PTA, and to ensure that the Army and other users of PTA continue to have ready access to sustainable training ranges, training support infrastructure (e.g., roads and utilities), and training support facilities in the cantonment area. The Draft Programmatic EIS specifically addresses the requirement for an Infantry Platoon Battle Area (IPBA) at PTA that would include an Infantry Platoon Battle Course (IPBC), Live-fire Shoothouse, and Military Operations on Urban Terrain (MOUT) facility. Other projects on the modernization list are not fully mature because they are still in the planning process and are not yet ready for decision. The Army plans to tier from this Draft Programmatic EIS to address those projects at a time when design alternatives are ready for decision. The IPBA is the only modernization project ready for decision presently.

The Corps of Engineers is proposing to amend an existing permanent danger zone in the waters of the Atlantic Ocean off Wallops Island and Chincoteague Inlet, Virginia. The National Aeronautics and Space Administration, Goddard Space Flight Center, Wallops Flight Facility conducts rocket-launching operations. The proposed amendment is necessary to protect the public from hazards associated with the rocket-launching operations. The proposed amendment would increase the danger zone to a 30 nautical mile sector.

On October 5, 2011 (76 FR 61680-61682), DoD published a notice announcing its intent to add a new Privacy Act System of Records. The Contesting Records category was inadvertently omitted. This notice corrects that error.

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: 1. Name of Committee: United States Military Academy Board of Visitors. 2. Date: Thursday, October 27, 2011. 3. Time: 12:30 p.m.3 p.m. Members of the public wishing to attend the meeting will need to show photo identification in order to gain access to the meeting location. All participants are subject to security screening. 4. Location: Jefferson Hall Library, Haig Room. West Point, NY. 5. Purpose of the Meeting: This is the 2011 Annual Meeting of the USMA Board of Visitors (BoV). Members of the Board will be provided updates on Academy issues. 6. Agenda: The Academy leadership will provide the Board updates on the following: the Academic program, Honor and Respect Programs and the Annual Report writing process. 7. 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. 8. Committee's Designated Federal Officer or Point of Contact: Ms. Joy A. Pasquazi, (845) 938-5078, Joy.Pasquazi@us.army.mil.

The U.S. Army Corps of Engineers, Charleston District intends to prepare a Draft Environmental Impact Statement (DEIS) to assess the potential social, economic and environmental effects of the proposed construction and operation of a gold mine in order to extract and process gold from the Haile ore body in wetlands and streams associated with Haile Gold Mine Creek, by Haile Gold Mine, Inc. (Haile) in the vicinity of Kershaw, in Lancaster County, South Carolina. The DEIS will assess potential effects of a range of alternatives.

The U.S. Army Corps of Engineers, Los Angeles District, Regulatory Division (Corps) has made a Final General Conformity Determination (GCD) and executed a Record of Decision (ROD) for the Final Environmental Impact Statement/Environmental Impact Report (EIS/ EIR) and a Section 404 Permit under the Clean Water Act for the Newhall Ranch Resource Management and Development Plan, Santa Clarita, California. This Notice serves as the Public Notice/Notice of Availability for the Final EIS/EIR ROD and the Final GCD. The Record of Decision for the Final EIS/EIR was signed on 31 August 2011. In June 2010, the Corps, in coordination with the California Department of Fish and Game (CDFG), completed and published a joint Final EIS/EIR and Draft GCD, pursuant to National Environmental Policy Act (NEPA) and section 176(c) of the Clean Air Act. The identified least environmentally damaging practicable alternative (LEDPA) in the ROD includes permanent impacts to 47.9 acres of waters of the United States, including 5.1 acres of wetlands, associated with discharges of fill material for bank protection to protect land development projects along water courses (including buried soil cement, buried gunite, grouted riprap, ungrouted riprap, and gunite lining); drainage facilities such as storm drains or outlets and partially lined open channels; grade control structures; bridges and drainage crossings; building pads; and water quality control facilities (sedimentation control, flood control, debris, and water quality basins). The LEDPA also includes temporary impacts to 35.3 acres of waters of the United States, including 11.8 acres of wetlands, associated with the construction of bank protection to protect land development projects along water courses (including buried soil cement, buried gunite, grouted riprap, ungrouted riprap, and gunite lining); utility crossings; activities associated with construction of a Water Reclamation Plant adjacent to the Santa Clara River and required bank protection; water quality control facilities (sedimentation control, flood debris, and water quality basins); regular and ongoing maintenance of all flood, drainage, and water quality protection structures and facilities on the RMDP site (such activities would include periodic inspection of structures and monitoring of vegetation growth and sediment buildup to ensure that the integrity of the structures is maintained and that planned conveyance capacity is present, routine repairs and maintenance of bridges and bank protection, and emergency maintenance activities); and temporary haul routes for grading equipment and geotechnical survey activities. As a Federal agency, the Corps prepared the Final GCD in compliance with Section 176(c) of the Clean Air Act and for the issuance of a Corps Section 404 Permit for the discharges of fill material into waters of the United States. Direct and indirect air emissions for all pollutants related to the Federal action are not below specified de minimis Federal thresholds (40 CFR 93.153(b)). On 31 August 2011, the Corps completed its environmental review and finalized the GCD, executed the ROD, and issued a provisional Section 404 Standard Individual Permit for the LEDPA. The Corps considered and responded to all comments received in finalizing the EIS/EIR, Final GCD, ROD, and issuing the provisional permit. The public can request copies of the Final General Conformity Determination document or the ROD from the Corps at the address listed below. In addition, copies of the Final General Conformity Determination document are available for review during the next 30 days at the following libraries: County of Los Angeles Newhall Branch, Castaic Branch, Sylmar Branch, Valencia Branch, and the County of Ventura Fillmore Branch.

The Military Surface Deployment and Distribution Command (SDDC) is providing notice that it has released an interim change to the MFTURP No. 1. The interim change updates Section A.II.D.6 to align the safety requirements for transportation protective service (TPS) carriers with the Department of Transportation's (DOT) Federal Motor Carrier Safety Administration (FMCSA) scoring system.

The Seattle District, U.S. Army Corps of Engineers (USACE) will prepare a Draft Environmental Impact Statement (DEIS) pursuant to Section 102(2)(C) of the National Environmental Policy Act (NEPA) of 1969, as amended, for a proposed flood-risk management project in the Puyallup River Basin including the Puyallup River downstream of Electron Dam to Commencement Bay, the Carbon River and the White River downstream of Mud Mountain Dam. This study was requested by Pierce County (the local sponsor), Washington, because of the potential for significant flooding within the Puyallup River Basin. A DEIS is being prepared because of the potential for impacts on environmental resources, particularly salmonid habitat, and the intense public interest already demonstrated in addressing the flooding problems of the Puyallup, Carbon and White Rivers. The Puyallup River General Investigation (GI) DEIS for the Puyallup River Basin is being conducted under the authority of Section 209 of the Flood Control Act of 1962, Public Law 87-874. That section authorized a comprehensive study of Puget Sound, Washington, and adjacent waters including tributaries, in the interest of flood control, navigation, and other water uses and related land resources.

The U.S. Army Corps of Engineers (Corps) Mobile District Regulatory Division announces its intent to prepare an EIS to assess the potential environmental impacts associated with widening the existing Pascagoula Lower Sound/Bayou Casotte Federal Channel segment of Pascagoula Harbor (the Project). The proposed Project is a 100-foot- widening of the Lower Sound and Bayou Casotte Legs of the Pascagoula Harbor Channel, as well as limited widening of the northern portion of the Horn Island Pass Channel to facilitate the transition between the two channel segments. The Corps is considering the Jackson County Port Authority/Port of Pascagoula (Port) application for a Department of the Army permit under Section 404 of the Clean Water Act, Section 10 of the Rivers and Harbors Act of 1899, and Section 103 of the Marine Protection, Research, and Sanctuaries Act. A joint public notice for the Section 10 permit (SAM-2011-00389-PAH) was issued by the Corps on April 15, 2011.

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

In 2008, the Cordova Hills Ownership Group (applicant) submitted a Department of the Army permit application for the proposed Cordova Hills project. On June 18, 2008, the U.S. Army Corps of Engineers, Sacramento District (Corps) determined that the proposed project may result in significant impacts to the environment, and that the preparation of an Environmental Impact Statement (EIS) is necessary. A revised permit application was submitted by the applicant on March 15, 2011. The applicant proposes to implement a large-scale, mixed-use, mixed-density master planned community with an integrated university, neighborhood and regional commercial and residential uses and associated infrastructure. The proposed project consists of approximately: 1,000 acres of residential uses ranging from one dwelling unit per acre to 40 dwelling units per acres; 1,380,000 square feet of retail and commercial uses; 240 acres of private university campus; 635 acres of recreation areas, parks, natural avoided areas and open space corridors; 538 acres for on-site wetland and habitat avoidance, and; 18 miles of off-street/multi-use trails. The project site is approximately 2,688 acres and contains 89.106 acres of waters of the United States. The proposed project would involve the discharge of fill material into approximately 39.630 acres of waters of the United States, including vernal pools, seasonal wetlands, seeps, intermittent drainages, and stock ponds. The proposed project may also have have indirect impacts on other waters of the U.S.

This announces the availability of the Proposed Report of the Chief of Engineers and the Final Joint Environmental Impact Statement/ Environmental Impact Report (FEIS/R) which analyzes the potential environmental effects associated with the proposed action and alternatives for providing shoreline protection to approximately 3,412 feet ([ft], 1,040 meters [m]) of the San Clemente shoreline from coastal storms. Maintaining the beach is needed to prevent the beach erosion that results from winter storms and to prevent damage to adjacent commuter and national defense rail line that runs along the beach through the City. In addition, the loss of sand at the beach would have an impact on City beachfront structures and beach recreation, which contributes to the local economy, and would reduce the ecological functioning of the sand beach/littoral zone.

The District Commander of the Omaha District U.S. Army Corps of Engineers (Corps) has reviewed the ``Final Programmatic Environmental Impact Statement (PEIS) for the Mechanical and Artificial Creation and Maintenance of Emergent Sandbar Habitat (ESH) on the Riverine Segments of the Upper Missouri River'' and has made the decision to proceed with the implementation of an Adaptive Management Implementation Process (AMIP) (preferred alternative) with a construction ceiling of acres associated with Alternative 3.5. Specific details of the decision are captured in the Record of Decision (ROD) for this action. The ROD explains that the Corps will create and maintain ESH acres in the Fort Peck, Garrison, Fort Randall and Gavins Point River Segments, and the Lewis and Clark Lake Segment for the benefit of the Interior Population of the least tern (least tern) and the northern Great Plains piping plover (piping plover). The maximum potential acres of ESH to be created is approximately 4,370 acres total, with the following estimated maximum acres by reach: Fort Peck River, 565. Garrison River, 1,327. Fort Randall River, 212. Lewis & Clark Lake, 354. Gavins Point River, 1,913. The AMIP alternative best supports the needs of the birds while providing flexibility in program implementation that will help minimize environmental impacts as well as costs.

Pursuant to the National Environmental Policy Act of 1969, as amended, and the California Environmental Quality Act (CEQA), the U.S. Army Corps of Engineers (USACE) intends to prepare an Environmental Impact Statement/Environmental Impact Report (EIS/EIR) under Section 14 of the Rivers and Harbors Act of 1899 (as amended) (33 U.S.C. 408), and Section 404 of the Clean Water Act (33 U.S.C. 1344), for the proposed Southport Sacramento River Early Implementation Project (EIP), sponsored by the West Sacramento Area Flood Control Agency (WSAFCA). Figures of the project area can be viewed at https:// www.cityofwestsacramento.org/city/flood. WSAFCA is planning the Southport Sacramento River EIP to implement flood-risk reduction measures along the Sacramento River South Levee in the City of West Sacramento, Yolo County, CA. The project reach extends along the right bank of the Sacramento River south of the barge canal, downstream approximately 6.4 miles to the South Cross Levee, protecting the Southport community of West Sacramento. The 3.3-square mile study area encompasses the area of levee improvement along the river corridor and the potential soil borrow sites. In order to implement the project, the sponsor must acquire permission from USACE to alter the Federal project under Section 14 of the Rivers and Harbors Act of 1899 (as amended) (33 U.S.C. 408 or, Section 408). USACE also has authority under Section 404 of the Clean Water Act (33 U.S.C. 1344) over activities involving the discharge of dredged or fill material to waters of the United States, which are known to be in the project area. The project would bring the levee up to standard with Federal and state flood protection criteria, as well as providing opportunities for ecosystem restoration and public recreation. USACE, acting as the federal lead agency under NEPA, and WSAFCA, acting as the state lead agency under the CEQA in coordination with the Central Valley Flood Protection Board, have determined that an EIS/EIR should be prepared to describe alternatives, potential environmental effects, and mitigation measures.

The U.S. Army Corps of Engineers, Los Angeles District (Regulatory Division), in coordination with the California Natural Resources Agency, has completed a Draft Environmental Impact Statement/ Environmental Impact Report (EIS/EIR) for the Salton Sea Species Conservation Habitat (SCH) Project. The Natural Resources Agency is requesting a permit from the Corps of Engineers to discharge dredged or fill material into the Salton Sea, a water of the United States subject to the Corps jurisdiction under section 404 of the Clean Water Act, including permanent impacts up to 24 acres and temporary impacts up to 1,760 acres for the construction of up to 3,770 acres of shallow ponds and associated infrastructure at the southern end of the Salton Sea in Imperial County, California. Compared to existing conditions, the SCH Project would result in a net increase in the extent of jurisdictional aquatic resources by up to 1,986 acres because the ponds would restore such resources located between elevation -228 feet and -231 feet previously lost by the receding Sea. Draft EIS/EIR Comment Process. In an effort to follow sustainable business practices, the Draft EIS/EIR can be downloaded in electronic format from the Natural Resources AgencyDepartment of Water Resources' Web site: https://www.water.ca.gov/ saltonsea/. A hardcopy of the Draft EIS/EIR and documents referenced in the Draft EIS/EIR can be viewed at the following location: California Department of Fish and Game, 78078 Country Club Drive, Suite 109, Bermuda Dunes, CA 92203. In addition, the hardcopy Draft EIS/EIR can be viewed at the following public locations: Brawley Public Library, 400 Main Street, Brawley, CA 92227; Calipatria Public Library, 225 West Main Street, Calipatria, CA 92233; Imperial Public Library, 200 West 9th Street, Imperial, CA 92251; El Centro Public Library, 375 South 1st Street, El Centro, CA 92243; Imperial County Free Library, 2098 Frontage Road, Salton City, CA 92275; Mecca-North Shore Public Library, 91-260 Avenue 66, Mecca, CA 92254; and Coachella Branch Library, 1538 7th Street, Coachella, CA 92236. The Corps and the Natural Resources Agency invites interested parties to attend one of the jointly held public hearings to provide the agencies with their views and comments on the Draft EIS/EIR. Comments on the content of the Draft EIS/EIR by Federal, State, and local agencies, affected Indian tribes, and other interested organizations and persons are encouraged and will be considered by the Corps and the Natural Resources Agency and become part of the administrative record for the Corps' decision. The public hearings will be held at: 1. CalipatriaSeptember 14, 2011 at 1 P.M. at the Calipatria Inn and Suites, 700 North Sorenson Avenue, Calipatria, CA 92233. 2. BrawleySeptember 14, 2011 at 6 P.M. at Elks Lodge 1420, 161 South Plaza, Brawley, CA 92227. 3. Palm Desert September 15, 2011 at 1 P.M. at the University of California, 75-080 Frank Sinatra Drive, Room B200, Palm Desert, CA 92211. In order for the Corps and the Natural Resources Agency to more accurately process and respond to comments, an online e-form is provided on the Natural Resources AgencyDepartment of Water Resources' Web site https://www.water.ca.gov/saltonsea/ and is the preferred method of receiving comments from interested parties. Alternatively, written comment letters can be provided directly to Ms. Lanika Cervantes or Mr. David Elms at the addresses listed below.

The U.S. Army Corps of Engineers (Corps), Charleston District, intends to prepare a Draft Environmental Impact Statement (DEIS), for the Charleston Harbor Deepening Study (Post-45 study). The purpose of this DEIS and feasibility study is to investigate modification of the existing Charleston Harbor project in the interest of navigation improvements.

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

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: August 3 and 4, 2011. 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 an overview of the Language, Science & Technology directorate. In addition, the meeting will involve administrative matters. Agenda: SummaryAugust 3Board administrative details and functional areas will be discussed. August 4The Board will be briefed on DLIFLC select mission and functional areas. 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 work 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: Mr. Detlev Kesten, ATFL-APO, Monterey, CA 93944, Detlev.kesten@us.army.mil, (831) 242-6670.

On May 2, 2011, the U.S. Environmental Protection Agency (EPA) and the U.S. Army Corps of Engineers (the Corps) announced availability of draft guidance (76 FR 24479) that describes how the agencies will identify waters protected by the Federal Water Pollution Control Act Amendments of 1972 (Clean Water Act or CWA or Act) and implement the Supreme Court's decisions on this topic (i.e., Solid Waste Agency of Northern Cook County v. U.S. Army Corps of Engineers (SWANCC) (531 U.S. 159 (2001)) and Rapanos v. United States (547 U.S. 715 (2006)) (Rapanos)). The comment period was originally set to expire on July 1, 2011, and the agencies are extending the public comment period by 30 days.

The U.S. Army Corps of Engineers (USACE) intends to prepare a Draft Environmental Impact Statement (DEIS) for the Currituck Sound Ecosystem Restoration Feasibility Study. The feasibility study is a cost-shared effort, being conducted in partnership with the North Carolina Division of Water Resources (NCDWR), to recommend Federal actions for ecosystem restoration in Currituck Sound. The study is taking a watershed perspective to develop and evaluate alternatives to restore and enhance ecosystem resources in a holistic, collaborative manner, and to ensure full participation of all stakeholders. Significant environmental resources to be addressed during project studies and in the DEIS include, but are not limited to: (1) Endangered and threatened species; (2) Marine and estuarine resources; (3) Fish and wildlife and their habitats, including essential fish habitat; (4) Water quality; (5) Socioeconomic resources; and (6) Cultural resources. Efforts will be made to enhance resource conditions and minimize adverse impacts. The lead Federal agency for this study is the USACE, Wilmington District. As stated above, the NCDWR is the lead State agency and a full cost-sharing partner in the conduct of this study. The DEIS is being prepared in accordance with the requirements of the National Environmental Policy Act (NEPA) of 1969, as amended, and will address the relationship of the proposed action to all other applicable Federal and State Laws and Executive Orders. The DEIS is currently scheduled for distribution to the public February 2012.

Announcement is made of the availability for licensing of the invention set forth in U.S. Provisional Patent Application Serial No. 61/518,800, entitled ``2-Guanidino-4-oxo-Imidazoline Derivatives as Antimalarial Agents, Synthesis and Methods of Use Thereof,'' filed on April 26, 2011. The United States Government, as represented by the Secretary of the Army, has rights to this invention.

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 on Coastal Engineering Research. Date of Meeting: July 26-28, 2011. Place: Crowne Jewel Ballroom, Sheraton At The Falls, 300 Third Street, Niagara Falls, NY 14303. Time: 8 a.m. to 3:15 p.m. (July 26, 2011); 8 a.m. to 5:30 p.m. (July 27, 2011); 7:30 a.m. to 11:30 p.m. (July 28, 2011).