Army Department – Federal Register Recent Federal Regulation Documents

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.

The notice published in the Federal Register on June 9, 2009 (74 FR 27294), indicated a July 9, 2009 effective date. The effective date for this publication will not be July 9, 2009. The effective date will be determined and published at a later date. All publications listed above will remain in effect until further notice.

The U.S. Army Corps of Engineers is proposing to establish a new danger zone in the waters adjacent to the existing small arms range (SAR) on Naval Air Station North Island (NASNI) located in San Diego, California. The proposed regulation would prohibit any activity by the public within the danger zone. The new danger zone is necessary to bring the existing SAR into compliance with the Naval Facilities Engineering Command MIL-HDBK 10-27/3B by preventing any SAR ricochet rounds from posing a hazard to passing water traffic.

The U.S. Army Corps of Engineers (USACE) announces its intention to prepare an Environmental Impact Statement (EIS) to study the feasibility of expanding the existing moorage capacity for vessels at Whittier, AK. This study will be performed through partnership of USACE and the City of Whittier. The existing moorage at Whittier is at maximum capacity, resulting in overcrowded and unsafe conditions for harbor users. Additionally, the City will be unable to meet the growing moorage demands of commercial, charter, recreation, and subsistence

The Department of the Army announces the availability of the MCOE FEIS, which evaluates the potential environmental and socioeconomic impacts associated with the MCOE activities at Fort Benning. The FEIS covers the construction, operation, facilities maintenance, personnel increases, and training activities associated with the proposed MCOE actions, as well as increased training throughput due to Grow the Army missions at Fort Benning.

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:

The U.S. Army Corps of Engineers, Sacramento District (Corps), will prepare an Environmental Impact Statement (EIS) for the Elverta Specific Plan project, a proposed master planned community in Sacramento County, CA. The Elverta Owners Group has applied for Department of Army permits to fill approximately 39 acres of waters of the United States, including wetlands, to construct this project.

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:

The Army proposes to recommence conducting live-fire military training exercises at MMR, Oahu, Hawaii, for units assigned to the 25th Infantry Division (25th ID) and for other military components (Marine Corps, Army Reserves, and the Hawaii Army National Guard). Conducting live-fire exercises at the company level and below is critical to maintaining the readiness of all military units assigned or stationed in Hawaii. Training at the company level is particularly important because it is one of the key building blocks upon which the Army's progressive training doctrine depends. The Army has prepared the Final EIS pursuant to section 102(2)(c) of the National Environmental Policy Act of 1969 (NEPA), the Council on Environmental Quality regulations (40 CFR parts 1500-1508) and Environmental Analysis of Army Actions (32 CFR part 651).

This notice sets forth the schedule and summary agenda for the summer 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 February 1, 2008 in compliance with the requirements set forth in Title 10 U.S.C. 2166.

Analyses of foreseeable environmental impacts from potential actions in the vicinity of Trilby Wash and the McMicken Dam project area located near the Cities of Surprise, Sun City, El Mirage Litchfield Park and Goodyear, Maricopa County, Arizona will commence. No explicit plans have been advanced as yet, so contents of the Draft Environmental Impact Statement (DEIS) remain to be determined during the public scoping process. The Trilby Wash Study area encompasses the Trilby Wash watershed upstream and downstream from the McMicken Dam Project which includes: McMicken Dam, McMicken Dam Outlet Channel and McMicken Dam Outlet Wash, approximately 9 miles, 6 miles, and 4 miles respectively in length. The McMiken Dam Outlet Wash discharges to the Agua Fria River in Maricopa County, Central Arizona.

The public scoping comment period for the Intent to Prepare an Environmental Impact Statement for the Regional Watershed Supply Project by Million Conservation Resource Group, published in the Federal Register on Friday, March 20, 2009 (74 FR 11920), required comments be submitted by May 19, 2009 following publication in the Federal Register. The comment period has been extended to July 27, 2009. In addition, the COE will be conducting two additional public scoping meetings to describe the Project, preliminary alternatives, the NEPA compliance process, and to solicit input on the issues and alternatives to be evaluated and other related matters.

The Department of the Army announces the availability of a DEIS that assesses environmental impacts associated with new mission requirements and new test and training capabilities at WSMR. It analyzes the impacts of land use changes that provide for increased research, development, and testing activities. The impacts of expanded off-road maneuver and facilities needed to support increased Future Combat Systems testing and the stationing and training of a Heavy Brigade Combat Team (HBCT) of approximately 3,800 Soldiers is also analyzed.

The St. Paul District Corps of Engineers, in partnership with the City of Fargo, North Dakota and City of Moorhead, Minnesota is conducting a flood risk management feasibility study for the Fargo- Moorhead metropolitan area. The feasibility study will focus on reducing flood risk in the entire Fargo-Moorhead Metropolitan area and surrounding areas. The study will evaluate several alternative measures, including but not limited to; levees and floodwalls, diversion channels, non-structural flood-proofing, relocation of flood- prone structures, and flood storage.

The Department of the Army announces the availability of a DEIS for the implementation of the decisions 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 personnel.