Army Department – Federal Register Recent Federal Regulation Documents

Section 116 of Pub. L. 108-447, dated December 8, 2004, authorized the U.S. Army Corps of Engineers' (Corps) participation in construction of the Central City project. A Final Environmental Impact Statement (FEIS) was completed for the Central City Project in Janauary 2006. A Record of Decision (ROD) recommending the Community-Based Alternative and determining it was technically sound and environmentally acceptable was signed by the Assistant Secretary of the Army for Civil Works (ASA (CW)) on April 7, 2006. An Interim Feasibility Report with Integrated Environmental Assessment (with signed Finding of No Significant Impact) for the Riverside Oxbow Project was approved by the Chief of Engineers on May 29, 2003. An addendum, dated April 2005, was prepared to address comments from the ASA (CW); however, neither construction funding nor authority for implementation of this project has been provided by Congress to date. By letter dated June 22, 2006, the City of Fort Worth requested the Corps to evaluate the potential benefits of merging the Central City Project with the Riverside Oxbow project. They identified potential benefits including greater opportunity for valley storage requirements, increased restoration opportunities, and cost savings. After an initial evaluation, the Corps determined that alternative areas along the West Fork of the Trinity River including areas within the Riverside Oxbow project had the potential to provide the required hydraulic mitigation, provide comparable ecosystem restoration outputs, reduce habitat mitigation requirements, and lower overall project costs. These potential modifications to the projects may be substantial and a supplement to the Central City environmental impact statement should be prepared concurrently with a more detailed analysis. Therefore, this Notice of Intent to prepare Supplement No. 1 to the FEIS for the Central City project is being issued in accordance with the Council on Environmental Quality's NEPA implementing regulations at 40 CFR Parts 1500-1508.

In accordance with 37 CFR 404.6 and 404.7, announcement is made of the availability for licensing of the invention set forth in U.S. Patent Application No. 11/340,375 entitled ``Medical Image Processing Methodology for Detection and Discrimination of Objects in Tissue,'' filed on January 26, 2006. The United States Government, as represented by the Secretary of the Army, has rights in this invention.

Section 302 of Public Law 99-662 established the Inland Waterways Users Board. The Board is an independent Federal advisory committee. The Secretary of the Army appoints its 11 members. This notice is to solicit nominations for six (6) appointments or reappointments to two-year terms that will begin after August 1, 2007.

This notice of availability announces the public release of the Draft Supplemental Environmental Impact Statement (DSEIS) to evaluate construction of authorized improvements to the Federal Gulfport Harbor Navigation Project in Harrison County, MS. The Mobile District, U.S. Army Corps of Engineers (Corps) published in the Federal Register, March 31, 2006, (71 FR 16294) a Notice of Intent to Prepare a DSEIS to address the potential impacts associated with construction of authorized improvements to the Federal Gulfport Harbor Navigation Project in Harrison County, MS. The DSEIS was used as a basis to ensure compliance with the National Environmental Policy Act (NEPA) and for evaluating the following two alternative plans: ``No Action'' and widening to the authorized project dimensions. Gulfport Harbor is authorized to (a) a channel 38 feet deep by 400 feet wide and about 8 miles long across Ship Island Bar; (b) a channel 36 feet deep by 300 feet wide and about 12 miles long through Mississippi Sound; and (c) a stepped anchorage basin at Gulfport Harbor 32 to 36 feet deep by 1,120 feet wide and 2,640 feet long. The tentatively recommended alternative includes construction of the authorized project dimensions.

Pursuant to 30 CFR 230.8, the U.S. Army Corps of Engineers (Corps) is issuing this Notice to document emergency actions and set forth the steps to be taken in the future to comply with the National Environmental Policy Act (NEPA). Wolf Creek Dam impounds Lake Cumberland in south central Kentucky. Several engineering studies have identified a high level of risk at Wolf Creek Dam. Accordingly, on January 19, 2007, the Corps made the decision to take emergency action and begin lowering the lake level to ease the stress on the dam's foundation until repairs can be effected. This action has been taken to reduce risk to the public's safety and welfare. The temporary target elevation will be 680 feet above mean sea level (msl) at Wolf Creek Dam. This elevation was selected because it provides the greatest reduction in stress to the dam without creating other public health and safety concerns. This operation will be in effect until repair of the dam or new information allows the pool elevation to be raised. This pool elevation may also drop if worsening conditions create the need for even further lowering of the pool. The Corps believes that the need for action regarding the Wolf Creek Dam is so urgent and compelling that there is no time to follow the usual NEPA procedures before the Corps makes decisions and begins to implement them. The Corps is, therefore, invoking its authority ``Emergency Actions'' under 33 CFR 230.8 and declaring an emergency, making decisions, and taking necessary actions accordingly. The Corps has consulted the President's Council on Environmental Quality (CEQ) regarding alternative arrangements under NEPA pursuant to 40 CFR 1506.11. This notice serves to initiate the NEPA process. The Corps plans to prepare and circulate an EIS which serves to cover any actions it deems necessary during the repair of the dam's foundation.

The Port of Long Beach (Port) is proposing to develop the Pier S Marine Terminal and Back Channel Navigational Safety Improvements Project (Proposed Action). The development of Pier S and Back Channel improvements would result in an approximately 160-acre marine container terminal, and would include the following elements: property acquisition; dredging, wharf construction, other waterside improvements, and container cranes; container yard and associated structures; terminal buildings and other structures; truck gates, associated structures, and roadwork; intermodal rail yard, structures, and dual rail lead; and utility and oil facility relocation. The primary Federal concern is the dredging and discharging of materials within waters of the U.S. and potential impacts on the human environment. Under Section 404 of the Clean Water Act, the Corps is authorized to approve discharges of dredged or fill material into waters of the U.S. Under Section 10 of the Rivers and Harbors Act, the Corps may authorize activities that could affect navigable waters. Pursuant to Section 102(2)(c) of the National Environmental Policy Act of 1969 (NEPA) as implemented by the Council on Environmental Quality (CEQ), 40 CFR 1500-1508, the Corps is preparing an Environmental Impact Statement (EIS) to evaluate the potential effects of the Proposed Action on the environment. 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 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 federal, state, and local requirements and environmental issues concerning the proposed activities and permit approvals.

The notice of an open meeting scheduled for January 31, 2007 published in the Federal Register on December 8, 2006 (71 FR 71142) has a new meeting location and start time. The meeting will now be held in Room 236 Senate Russell Building, Washington, DC. The new start time for the meeting is approximately 8:30 a.m.

This notice replaces the previously published Federal Register notice dated January 9, 2007 (72 FR 958). Pursuant to the National Environmental Policy Act (NEPA), the U.S. Army Corps of Engineers (Corps), Huntington District has prepared an Environmental Impact Statement (EIS) to disclose potential impacts to the natural, physical, and human environment resulting from modifications to Dover Dam. This high hazard dam does not conform to current design standards related to stability and sliding during a probably maximum flood. Modifications are proposed so the Dam will meet these standards.

Surface Deployment and Distribution Command (SDDC) will implement standard procurement requirement for domestic motor Transportation Service Providers (TSP) to provide Electronic Data Interchange (EDI) data feeds to track domestic shipments to improve ITV of all DOD shipments from origin to destination. SDDC intends to implement this requirement 90 (ninety) days from the date of the publication of this notice in the Federal Register. Requirements are: (1) All domestic motor TSP will electronically interface with DOD's Global Transportation Network (GTN) to provide ITV tracking and tracing information. (2) All domestic motor TSP will access the Freight Carrier Registration Program (FCRP) and identify within 90 days the ITV method it will use to feed tracking data to GTN (e.g. GFM ITV to GTN or by a service provider to GTN).

In accordance with Section 10(a)(2) of the Federal Advisory Committee Act (5 U.S.C., App. 2), announcement is made of the following Committee meeting: Name of Committee: Reserve Officers' Training Corps (ROTC) Program Subcommittee. Dates of Meeting: February 13-14, 2007. Location: Sheraton Crystal City Hotel, 1800 Jefferson Davis Highway, Arlington, VA 22202. Time: 0730-1700 hours, February 13, 2007; 0730-1100 hours February 14, 2007. Proposed Agenda: Review and discuss the Army's philosophy on training and education as it applies to and impacts the Reserve Officers' Training Corps program.

The original Federal Register notice for the subject action published in the Federal Register on Friday, December 15, 2006 (71 FR 75509). Notice remains in effect and is hereby supplemented to formally request all interested parties to submit comments on the proposal to Mr. Charles Helfrich, or Ms. Cathy Schoepfle SDPP-PA, at either FRVComments@sddc.army.mil or by courier to: Military Surface Deployment and Distribution Command, ATTN: SDPP-PA, Room 10N67, Hoffman Building II, 200 Stovall St., Alexandria, VA 22332-5000. Such comments must be received not later than 60 business days from the date this notice is published in the Federal Register.

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

The Army intends to prepare a Supplement to the 2004 Final Environmental Impact Statement for Transformation of the 2nd Brigade, 25th Infantry Division (Light) (2nd Bde, 25th ID(L)) to a Stryker Brigade Combat Team (SBCT). The Army has directed the 2nd Bde, 25th ID(L) to transform into the 5th SBCT. The Supplemental Environmental Impact Statement (SEIS) will assess the potential environmental impacts associated with the proposed permanent home stationing of the 5th SBCT at its current location in Hawaii and at other reasonable locations outside of Hawaii. The no action alternative is to return the 2-25th Bde, 25th ID (L) to its original structure as it existed prior to its transformation. The no-action alternative is no longer feasible, however, as the Army Campaign Plan (ACP) has directed all previously existing Light Brigades to transform to the standard expeditionary configuration of the Infantry Brigade Combat Team (IBCT). Alternatives analyzed in the SEIS may also consider whether to return an IBCT to replace the 2-25th Bde, 25th ID (L) or whether not to replace the brigade at all. Other locations for the permanent stationing of the 5th SBCT could include Fort Richardson and Donnelly Training Area (DTA) in Alaska, Fort Lewis and Yakima Training Center (YTC) in Washington, Fort Carson and the Pi[ntilde]on Canyon Maneuver site (PCMS) in Colorado, or Fort Knox in Kentucky. The PCMS, YTC and DTA are separate maneuver training facilities that will not be considered for the permanent housing and life support of the Soldiers and families of the 5th SBCT as part of the alternatives included in the SEIS for analysis. These sites would only be used to support unit training requirements of the 5th SBCT and not the life support functions required by the SBCT's Soldiers and families. The SEIS will include evaluation of the different locations which could reasonably accommodate, support, and sustain the 5th SBCT and meet its requirements for range and maneuver training; maintenance requirements; and Soldier and Family Quality of Life requirements (e.g. schools, gyms, medical facilities, reducing family disruption). The proposed action will require the Army to balance strategic, sustainment, and environmental considerations to provide greater flexibility and responsiveness to meet today's evolving world conditions and threats to National defense and security. The SEIS will analyze the proposed action's impacts upon the natural, cultural, and man-made environments at the alternative permanent home-stationing sites. The SBCT is a maneuver brigade that includes, infantry, artillery, engineers, and other assets, totaling between 3,900-4,100 soldiers and 950-1050 vehicles, including between 310-330 Stryker vehicles depending on the Army's final determination of the 5th BCTs force structure requirements. The action may have significant environmental impacts from the training of the brigade and construction to support its training and quality of life requirements.

The U.S. Army Corps of Engineers, Regulatory Branch has completed a Final EIS for the San Juan Creek Watershed/Western San Mateo Creek Watershed Special Area Management Plan (SAMP). The San Juan Creek Watershed/Western San Mateo Creek Watershed SAMP establishes three alternative permitting procedures that balance aquatic resource protection and reasonable economic development for the San Juan Creek Watershed and western San Mateo Creek Watershed.

The Wilmington District, U.S. Army Corps of Engineers (USACE) is conducting a study to evaluate the long-term (20-year) dredged material placement needs and opportunities for Wilmington Harbor. The study area encompasses Wilmington Harbor and the Ocean Bar approach channels, which extend from the mouth of the Cape Fear River in Brunswick County, NC to a point just north of the Hilton Railroad Bridge in New Hanover County, near Wilmington, NC. The study will include the preparation of a Dredged Material Management Plan (DMMP) and Draft Environmental Impact Statement (DEIS) and will identify, evaluate, screen, prioritize, and ultimately optimize placement alternatives resulting in the recommendation of a plan for the placement of dredged materials for at least the next 20 years.

Pursuant to Chapter 157, Sec. 2636a of Title 10 United States Code enacted by Congress on November 26, 2003, as amended by the Department of Defense Authorizations Act for FY 2007, the Military Surface Deployment and Distribution Command (SDDC), as the Traffic Manager for Department of Defense (DOD) Personal Property Program, is informing the Transportation Service Provider (TSP)/contractor community of the mandatory requirement to provide Full Replacement Value (FRV) coverage to all customers of the DOD Personal Property Program. The cost of FRV shall be included in contracts with movers and FRV shall be made available to Service members and civilian employees. All shipments that have been picked up or are already in storage prior to the effective dates noted below will not be required to be covered by FRV. This notice affords TSPs/contractors ample time to incorporate the cost of providing FRV for loss/damage protection into their rates.

The U.S. Army Corps of Engineers (COE), 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 Harbors Act, from the Town of Topsail Beach to conduct an emergency beach fill project to protect ocean front development and infrastructure until such time that a federally authorized shore protection project can be implemented. At this time, the construction date for the Federal project is uncertain. A Draft General Reevaluation ReportEnvironmental Impact Statement (GRR-EIS has been prepared by the U.S. Army Corps of Engineers (USACE) and was released for public review and comment in June 2006 (USACE, 2006). Given the current status of the GRR-EIS and the need for Congressional authorization, funding, preparation of plans and specifications, and right-of-way acquisition, the Federal project may not be implemented until Fiscal Year 2010, or possibly later.

In accordance with 37 CFR 404.4, 404.6 and 404.7, announcement is made of the availability for licensing of the invention set forth in PCT/US2005/021195 entitled ``Ballistic Impact Detection System,'' filed June 16, 2005. The United States Government, as represented by the Secretary of the Army, has U.S. and foreign rights in this invention.

The Department of the Army is resending AR 385-55, Prevention of Motor Vehicle Accidents, and has consolidated its requirements into AR 385-10, Army Safety Program. During consolidation, the section concerning the use of non-tactical off-road vehicles on Army land was removed.

Pursuant to the National Environmental Policy Act (NEPA), the U.S. Army Corps of Engineers (USACE), DoD. Sacramento District has prepared a Draft Environmental Impact Statement (DEIS) that 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 EIS documents the existing condition of environmental resources in and around areas considered for development, and potential impacts on those resources as a result of implementing the alternatives. The alternatives considered in detail 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).

The Department of the Army is publishing as a final rule an amendment to its regulation to reflect a substantial revision of AR 27- 20, an Army publication which governs the processing of claims worldwide. The purpose of this revision is to make AR 27-20 clearer and easier to use, after years of piecemeal amendments. This rewrite also ensures that AR 27-20 is in keeping with current statutes, legal opinions and Department of Justice guidance pertaining to claims processing. This updated rule will expedite payment of meritorious claims throughout the world. AR 27-20 includes rules for processing affirmative claims, i.e., recovery actions on behalf of the United States.

The U.S. Army Corps of Engineers, Los Angeles District (Corps) will hold a public hearing to receive comments on the proposed project action as described and evaluated in Draft Supplemental Environmental Impact Statement (SEIS) for the operation and maintenance, related to vegetation and sediment management, of the San Luis Rey River Flood Control Project.