Army Department – Federal Register Recent Federal Regulation Documents

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, July 17, 2008. 3. Time: 1 p.m.-3:45 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: Building 600 (Taylor Hall), Superintendent's Conference Room. 5. Purpose of the Meeting: This is the 2008 Summer 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: Military Training and Instruction, Residential Communities Initiative (RCI), and Accreditation. 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. Cynthia Kramer, (845) 938-5078, Cynthia.kramer@us.army.mil.

In accordance with 37 CFR 404.6 and 404.7, announcement is made of the availability for licensing of U.S. Patent No. 7,094,417 entitled ``Fish Hatching Method and Apparatus,'' issued August 22, 2006; and U.S. Patent Application No. 11/340,757 entitled, ``Fish Hatching Method and Apparatus,'' filed January 27, 2006, which is a divisional of U.S. Patent No. 7,094,417. Foreign rights are also available (PCT/US01/25657). The United States Government, as represented by the Secretary of the Army, has rights in this invention.

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. Provisional Patent S.N. 60/965,693, filed August 03, 2007, entitled ``Neutralizing Human IgG1 Monoclonal Antibodies Specific for Vaccinia Virus Proteins,'' and foreign rights to BioFactura, Inc., with its principal place of business at 9700 Great Seneca Highway, Rockville, Maryland 20850.

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 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 Clear Creek watershed drains portions of Fort Bend, Harris, Galveston, and Brazoria counties, Texas, including portions of Houston and the smaller towns of League City, Friendswood and Pearland, among others. The watershed also forms part of the boundary between Harris County to the north and Galveston and Brazoria counties to the south. Clear Creek flows into the west side of upper Galveston Bay through Clear Lake. The Draft Environmental Impact Statement (DEIS) will evaluate several flood detention and conveyance features to reduce flooding of homes and businesses in the Clear Creek Watershed. The study will focus on environmental and social conditions currently present and those likely to be affected by the proposed changes in the watershed. The flood-control project includes construction of several miles of high flow channel adjacent to the existing channel, while preserving the existing channel and floodplain forest. Detention of flood waters would also be provided in some areas where the high flow channel diverges from the low flow channel and in off-line detention areas adjacent to the creek. All flood control measures on Clear Creek occur upstream of the Dixie Farm Road crossing. The proposed project also includes widening three tributaries to Clear Creek, Mud Gully, Turkey Creek, and Mary's Creek, for improved conveyance of flood flows, with detention basins constructed adjacent to Mary's Creek and between Clear Creek and Mud Gully.

The Department of the Army announces its intent to prepare an EIS for expanded activities on WSMR. This EIS will analyze the impacts of new mission requirements and development of new test and training capabilities and associated land use changes to support Army Transformation, the Army Campaign Plan, Future Combat Systems, Grow the Army, and other Army initiatives. This includes the stationing of a Heavy Brigade Combat Team (HBCT) of approximately 3,800 Soldiers at WSMR. This action also supports WSMR as a test bed for rapid development and deployment of new systems in response to rapidly changing world conditions and long-term Department of Defense, U.S. Army Developmental Test Command, and Army planning. Specifically, this EIS will assess environmental impacts associated with changing land uses to allow for expanded off-road maneuver in some areas, to support new testing capabilities and requirements, and continuing off-post to on-post tests. It will also address new weapons firing ranges and capabilities, as well as Soldier and Family housing, schools, infrastructure, utilities, and administrative and related facilities needed to support stationing of the HBCT at WSMR. The proposed action would result in a flexible, capabilities-based airspace and land use plan able to accommodate rapidly evolving customer needs, support current and future mission activities, and support a full range of test and training efforts from individual components up through major joint and multinational programs.

The U.S. Army Corps of Engineers (COE), Wilmington District, Wilmington Regulatory Division is amending the request for Department of the Army authorization, pursuant to Section 404 of the Clean Water Act and Section 10 of the Rivers and Harbors Act, from Carolinas Cement Company LLC (a subsidiary of Titan America LLC) to construct the Carolinas Cement Company LLC Castle Hayne Project. This project will include quarrying to support cement manufacturing in northern New Hanover County, NC. The amendment is a change in date and location of the scoping meeting and an extension of the comment period deadline. The original Notice of Intent was published in the Federal Register on May 30, 2008 (73 FR 31072), with a comment deadline of June 30, 2008.

The U.S. Army Corps of Engineers (Corps) is proposing to amend the existing regulations for a restricted area at Blount Island Command, located on Marine Corps Support Facility-Blount Island, Jacksonville, Florida. Blount Island Command is responsible for managing the United States Marine Corps Prepositioning Programs. Due to the importance of this mission, the current restricted area in this section must be extended due to Department of Defense (DoD) directives that require the implementation of specified force protection measures by all DoD components. This amendment to the existing regulation is necessary to protect U.S. government personnel, equipment, and facilities from potential terrorist attack by providing stand-off corridors encompassing the waters immediately contiguous to Marine Corps Support FacilityBlount Island.

The U.S. Army Corps of Engineers, Los Angeles District (Regulatory Division), in coordination with the Port of Los Angeles, has completed a Draft Supplemental Environmental Impact Statement/ Subsequent Environmental Impact Report (SEIS/SEIR) for the Pacific L.A. Marine Terminal LLC Crude Oil Terminal Project. The Port of Los Angeles requires authorization pursuant to Section 404 of the Clean Water Act and Section 10 of the River and Harbor Act for a new crude oil marine terminal at Berth 408 on Pier 400 including: Construction of a new marine terminal to receive crude oil from marine vessels and transfer the oil to tank farm facilities via a new 42-inch-diameter, high-volume pipeline; construction of two tank farms, Tank Farm Site 1 located on Pier 400 and Tank Farm Site 2 located on Pier 300 at Seaside Avenue/ Terminal Way; construction of new pipelines to connect the new tank farm facilities to existing pipeline facilities, with the new tank farm facilities connected to the existing ExxonMobil Southwest Terminal on Terminal Island, the existing Ultramar/Valero Refinery on Anaheim Street near the Terminal Island Freeway, and to Plains All American pipeline systems near Henry Ford Avenue and Alameda Street via new and existing 36-inch, 24-inch, and 16-inch pipelines, and with all new pipelines installed belowground, with the exception of the water crossings at the Pier 400 causeway bridge and at the Valero utility/pipe bridge that crosses the Dominguez Channel west of the Ultramar/Valero Refinery. The new tank farm facilities would provide a total of 4.0 million barrels (bbl) of capacity, primarily receiving crude oil, partially refined crude oil, and occasional deliveries of Marine Gas Oil (MGO).

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:

The U.S. Army Corps of Engineers (COE), Wilmington District, Regulatory Division has been reviewing the 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 Potash Corporation of Saskatchewan Phosphate Division (PCS) for the continuation of its phosphate mining operation near Aurora, Beaufort County, NC. PCS proposes to undertake an approximately 11,909 acre mine expansion into an approximately 15,100 acre project area surrounding its current mining operation. This expansion would occur over a 37 year period and would impact approximately 4,135 acres of waters of the United States including wetlands adjacent to The Pamlico River, South Creek and Durham Creek. The Notice of Availability of the Draft Environmental Impact Statement (DEIS) for this action was published in the Federal Register on Friday, October 20, 2006 (71 FR 61962). The Notice of Availability of Supplement I of the DEIS (SDEIS) was published in the Federal Register on Tuesday, November 6, 2007 (72 FR 62634).

The Department of the Army announces the availability of a Draft Supplemental Programmatic Environmental Impact Statement (DSPEIS) for the growth and realignment of the United States Army to support Operations in the Pacific Theater. The Department of the Army has prepared a DSPEIS that evaluates the potential environmental and socioeconomic effects associated with alternatives for implementing the growth, realignment, and transformation of the Army's forces to support Operations in the Pacific Theater. Potential impacts have been analyzed in the DSPEIS at installations that are capable of supporting operations in the Pacific Theater.

The U.S. Army Corps of Engineers, Los Angeles District (Corps) in coordination with the Port of Long Beach has completed a Draft Environmental Impact Statement/ Environmental Impact Report (EIS/EIR) for the Middle Harbor Redevelopment project in the Port of Long Beach. The Corps is considering an application for Section 404 and Section 10 permits to conduct dredge and fill activities associated with the proposed consolidation of Piers D, E and F into a single 345-acre marine terminal with a 4,250-foot-long wharf at build-out. This would include redevelopment of 294 acres of existing land, creation of 10.7 acres of new open water and the placement of dredged material in 65.3 acres open water for a net gain of approximately 54.6 acres of new land in the consolidated terminal. The new terminal, which would be constructed over a 10-year time period, is intended to accommodate increasing cargo volumes being produced by the new generation of larger container vessels, and would include four deep-water berths, a container terminal yard, and an intermodal rail yard.

Aggregate Industries is proposing a project that will require a St. Paul District, Corps of Engineers (Corps) permit for excavation within a navigable water and to discharge dredged material into waters and wetlands during an aggregate mining operation. Specifically, Aggregate Industries is proposing to dredge and excavate sand and gravel in approximately 230 acres of backwater area adjacent to the main channel of the Mississippi River. A berm would be constructed in the river upstream of the mine area to minimize current velocity in the mining area and to reduce turbidity. Sand and gravel would be excavated using a clamshell-type dredge to a maximum depth of approximately 200 feet. Dredged material would be transported via a conveyor system from the dredge to an existing sand and gravel processing plant located on Grey Cloud Island. Excess sand not used for berm construction would be returned to the mined area. A specific compensatory mitigation plan has not yet been developed for the project. Aggregate Industries intends to work with interested federal and state agencies to develop an acceptable plan that would meet federal and state compensatory mitigation requirements. The project requires Corps of Engineers approval under Section 10 of the Rivers and Harbors Act of 1899 and under Section 404 of the Clean Water Act. The final environmental impact statement will be used as a basis for the permit decision and to ensure compliance with the National Environmental Policy Act (NEPA).

Section 2031 of the Water Resources Development Act of 2007 (Pub. L. 110-114) directs the Secretary of the Army to revise the ``Economic and Environmental Principles and Guidelines for Water and Related Land Resources Implementation Studies'', dated March 10, 1983 consistent with a number of considerations enumerated in the statute. Upon completion the revision will apply to water resources projects, project reevaluations, or project modifications and project feasibility studies carried out by the Secretary except those commenced prior to the completion of the revised guidance. The Secretary intends to craft the revision in two phases, with the first phase of this revision to address revisions to the 1983 Principles and Standards (Chapter I of the existing Guidelines) and the second phase to address revisions to the Procedures (Chapters II through IV of the 1983 Guidelines). The purpose of this notice is to provide opportunity for interested individuals and organizations to submit suggestions for revising the Principles and Standards. Using that input the Secretary intends for the initial draft of the revision to be prepared in June and released for public comments by July.

The Vicksburg District Corps of Engineers, in conjunction with the Bossier Levee District, the non-Federal sponsor, are undertaking studies to investigate possible solutions to improve the flood risk management capability of Bayou Bodcau Dam, Bossier Parish, LA.

Pursuant to the National Environmental Policy Act (NEPA), the U.S. Army Corps of Engineers (USACE), Sacramento District published a notice in the Federal Register on December 8, 2006 (71 FR 71142-71143), informing the public of the availability of the Draft Environmental Impact Statement (DEIS) for the Rio del Oro Specific Plan Project. USACE, Sacramento District has prepared a Supplemental Draft Environmental Impact Statement (SDEIS) in response to new information. It is now available for review and comment. The SDEIS provides new information and additional analyses related to utilities and service systems (specifically, water supply) and biological resources. Like the 2006 DEIS, the SDEIS analyzes the potential effects of implementing each of five alternative scenarios for a mixed-use development in the approximately 3,828-acre Rio del Oro Specific Plan area, in the City of Rancho Cordova, Sacramento County, CA. The alternatives considered in detail in the SDEIS are: (1) Proposed Project/Proposed Action (i.e., Proposed Project Alternative), the Applicants' Preferred Alternative; (2) High Density (Increased Densities Consistent with Sacramento Area Council of Governments Blueprint); (3) Impact Minimization; (4) No Federal Action (No Section 404 of the Clean Water Act Permit); and (5) No Project/No Action (No development).

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. Date: Thursday, June 5, 2008. Time: 9 a.m. to 3:30 p.m. Location: 2212 Rayburn House Office Building, Washington, DC. Proposed Agenda: The WHINSEC BoV will be briefed on activities at the Institute since the last Board meeting on November 2, 2007 as well as receive other information appropriate to its interests.

In compliance with Section 3506(c)(2)(A) of the Paperwork Reduction Act of 1995, the Department of the Army announces a proposed extension of a public information collection and seeks public comment on the provisions thereof. Comments are invited on: (a) 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; (b) the accuracy of the agency's estimate of the burden of the proposed information collection; (c) ways to enhance the quality, utility, and clarity of the information to be collected; and (d) 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 purpose of the study is to develop implementation plans to sustain federally-listed species within the Woolly Star Preserve Area, including the Slender-horned spineflower, San Bernardino Kangaroo Rat, and Santa Ana Woolly Star. As a requirement of the Biological Opinion (2002), for construction and operation of Seven Oaks Dam (SOD), the Corps prepared a Multi-Species Habitat Management Plan (MSHMP) to identify potential management measures and implementation strategies. Recommendations in the Draft MSHMP have been developed in collaboration with the U.S. Fish and Wildlife Service, California Department of Fish and Game, and other stakeholders. The Draft MSHMP identifies non- structural and structural measures. Non-structural measures could include, but are not limited to, herbicide treatment for non-native invasive grass control and providing water to the mitigation area through pipelines or trucks to hydraulically spread sand for substrate enhancement. Structural measures could include, but not limited to, controlled releases from SOD and dikes (permanent and/or temporary) used to direct hydraulic spreading of sand for substrate enhancement. The SEIS/EIR will examine the details of the measures identified above and other feasible alternatives based on hydrological, geotechnical, environmental, and technical factors. Management activities would be conducted within the Woolly Star Preserve Area and other adjacent lands.

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: Name of Committee: Army Science Board (ASB). Date(s) of Meeting: May 20-21, 2008. Time(s) of Meeting: 0800-1700, May 20, 2008-1300-1600, May 21, 2008. Place of Meeting: Minute Maid Park, 6580 Fannin Street, Houston, TX.

This action removes 32 CFR Part 502, Relief Assistance. The regulations are being removed because they are obsolete and no longer govern policies and procedures for disaster relief activities. The program responsibility has been transferred to the Office of the Assistant Secretary of Defense for Homeland Defense.