Army Department – Federal Register Recent Federal Regulation Documents

Pursuant to section 102(2)(c) of the National Environmental Policy Act (NEPA) of 1969 (as amended), the U.S. Army Corps of Engineers (USACE), Little Rock District, has prepared a Draft Environmental Impact Statement (DEIS) for the proposed implementation of the White River Minimum Flow, Arkansas. This DEIS is being made available for a 45-day public comment period.

This notice sets forth the schedule and summary agenda for the 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, 2006 in compliance with the requirements set forth in Title 10 U.S.C. 2166. Date: June 15, 2006. Time: 9 a.m. to 4 p.m. Location: Rayburn House Office Building, Room 2212, Washington, DC. Proposed Agenda: The WHINSEC BoV will be briefed on activities at the Institute since the last Board meeting in December 2005 as well as receive other information appropriate to its interests.

In November 2005, the Jacksonville District, U.S. Army Corps of Engineers (Corps) issued a Final 2nd Supplemental Environmental Impact Statement (SEIS) for the Tamiami Trail feature of the Modified Water Deliveries (MWD) project to Everglades National Park in Miami- Dade County, FL. That SEIS assumed that the National Park Service (NPS) would acquire the necessary real estate interests in seven privately- owned parcels of land adjacent to the south side of Tamiami Trail to avoid flooding impacts after the Tamiami Trail project was constructed and ecosystem restoration water flows were directed south into Everglades National Park. It is now concluded that the NPS will be unable to complete the acquisition of real estate rights in time to meet the overall schedule of the MWD project. The Corps now proposes to take over responsibility for the acquisition and address the related impacts in a supplement to the previous SEIS.

In accordance with 37 CFR 404.6 and 404.7, announcement is made of the availability for licensing of U.S. Patent Application No. 10/882,310 entitled ``Wearable Tissue Viability Diagnostic Unit,'' filed July 2, 2004. Foreign rights also available (PCT/US04/021654). The United States Government, as represented by the Secretary of the Army, has rights in this invention.

On March 28, 2006, the U.S. Army Corps of Engineers (the Corps) and the Environmental Protection Agency (EPA) published a proposed rule to revise regulations governing compensatory mitigation for activities authorized by permits issued by the Department of the Army. The Corps and EPA announce the extension of the public comment period for this proposed rule until June 30, 2006. The 30-day extension of the comment period is a result of requests from a number of entities to allow more time to comment on the proposed rule. Comments previously submitted need not be resubmitted, as they have already been incorporated into the public record and will be fully considered in the final rule.

The U.S. Army Corps of Engineers (USACE) is issuing this notice to advise the public that a Final Environmental Impact Statement (FEIS) has been completed and is available for review and comment.

With the construction of Seven Oaks Dam, during and immediately after storm events, water flows into the pool of water impounded behind the dam may be turbid. Once water is impounded behind the dam, all water flowing in the Santa Ana River that enters Seven Oaks Reservoir must pass through that impoundment before being released at the dam. To the extent that water impounded behind the dam can have a higher level of sediment or algae than water flowing in the Santa Ana River below the Southern California Edison (SCE) No. 1 Powerhouse, the quality of water released from Seven Oaks Dam into the Santa Ana River may be reduced. The purpose of the study is to evaluate the potential impacts, if any, of the Seven Oaks Dam regarding downstream water quality and to characterize upstream water quality. This will entail characterization of the water quality conditions that existed prior to dam construction and determination of how or whether the dam has contributed to water quality impairment as part of the ``baseline conditions analysis''. After the analysis, future studies would be determined with the resource agencies, Local Sponsors, and Stakeholders.

The Department of the Army, U.S. Army Corps of Engineers, announces the general availability of partially exclusive, exclusive or non exclusive licenses under the following pending patents listed under SUPPLEMENTARY INFORMATION. Any license granted shall comply with 35 U.S.C. 209 and 37 CFR part 404.

The Department of the Army is publishing our rule concerning law enforcement reporting, to implement portions of Section 577(b)(5) of the Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005, October 28, 2004, Public Law 108-375, pertaining to reporting of sexual assaults. This rule also implements Department of Defense policy concerning sexual assault.

This notice provides information regarding the properties that have been determined surplus to the United States needs in accordance with the Defense Base Closure and Realignment Act of 1990, Public Law 101-510, as amended, and the 2005 Base Closure and Realignment Commission Report, as approved, and following screening with Federal agencies and Department of Defense components.

In 1999, the U.S. Fish and Wildlife Service issued a Final Biological Opinion for the Modified Water Deliveries to Everglades National Park Project (MWD Project), the C-111 Project, and the Experimental Water Deliveries to Everglades National Park Project. FWS concluded that the operations, if continued, would likely jeopardize the continued existence of the endangered Cape Sable seaside sparrow and adversely modify its critical habitat. In response, the Corps implemented an Interim Structural and Operational Plan (ISOP) in March 2000, followed by the Interim Operating Plan (IOP) in July 2002. These operations were designed to protect the sparrow pending completion of construction of the MWD Project and the C-111 Project. Because of the urgency to implement IOP in time for the next sparrow breeding season, the IOP Final Environmental Impact Statement (FEIS) was completed prior to conclusion of modeling that supported the selected plan. Pursuant to a March 2006 order by the United States District Court for the Southern District of Florida, the Corps will be preparing a supplement to the IOP FEIS. The Supplemental Environmental Impact Statement (SEIS) will update the FEIS with the modeling for the selected alternative, which was completed in November 2002, as well as actual data collected since the May 2002 FEIS. In addition the SEIS will update its analysis of the default condition for the reservoirs.

In accordance with 37 CFR 404.6, announcement is made of the availability for licensing of U.S. Patent No. U.S. 7,028,951 B1 entitled ``Parachute Reefing System'' issued April 18, 2006. This patent has been assigned to the United States Government as represented by the Secretary of the Army.

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 number 6,875,602 issued April 4, 2005 entitled ``Portable Thermocycler,'' to Dark Horse Technologies LLC. with its principal place of business at 140 County Rd. 128 N., Nederland, CO 80466. The exclusive field of use will be in sequence specific identification of nucleic acids from any biological sample.

Pursuant to the National Environmental Policy Act (NEPA), the U.S. Army Corps of Engineers (Corps), Huntington District will prepare 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 probable maximum flood. Modifications will be performed so the Dam will meet these standards.

The U.S. Army Corps of Engineers, Pittsburgh District (Corps) is issuing this notice to advise the public that a final Environmental Impact Statement (EIS) has been completed and is available for review in compliance with the National Environmental Policy Act (NEPA). The overall purpose of the EIS is to evaluate the environmental consequences for issuing of Section 10 and 404 permits for Commercial Sand and Gravel Dredging in the Allegheny River (River Miles 0-69.5) and the Ohio River (River Miles 0-40).

The Corps is amending the regulations for lockage operations at Bonneville Lock and Dam and amending the regulations which establish the restricted areas at Little Goose Lock and Dam. The Corps is making corrections and adjustments to the lockage control, signals, and permissible dimensions of vessels for Bonneville Lock and Dam. These changes correct language for the new replacement lock. For the Little Goose Lock and Dam the Corps is making adjustments in the upstream channel restricted area boundary to provide a recreational craft corridor along the north shoreline. This will provide better boat ramp access in support of the small craft portage route and reduce interference between fishermen and the boat ramp.

The Department of the Army is proposing to update policies and responsibilities for the Army Privacy Program, which implements the Privacy Act of 1974, by showing organizational realignments and by revising referenced statutory and regulatory authority, such as the Health Insurance Portability and Accountability Act and E-Government Act of 2002.

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.

In accordance with 37 CFR 404.6, announcement is made of the availability for licensing of U.S. Patent No. US 7,022,420 B1 entitled ``Assembled Hematin, Method for Forming Same and Method for Polymerizing Aromatic Monomers Using Same'' issued April 4, 2006. This patent has been assigned to the United States Government as represented by the Secretary of the Army.

Pursuant to section 102(2)(c) of the National Environmental Policy Act (NEPA) of 1969 as implemented by the Council on Environmental Quality regulations (40 CFR parts 1500-1508), the California Environmental Quality Act (CEQA), and Public Law 102-484 section 2834, as amended by Public Law 104-106 section 2867, the Department of the Army and the San Francisquito Creek Joint Powers Authority (SFCJPA) hereby give notice of intent to prepare a joint Environmental Impact Statement/Environmental Impact Report (EIS/EIR) for the San Francisquito Creek Project in San Mateo and Santa Clara Counties, CA to consider opportunities to reduce both fluvial and tidal flooding, to reduce the threat to public safety due to flooding and to restore ecosystem quality and function, where possible. The U.S. Army Corps of Engineers (Corps) is the lead agency for this project under NEPA. The SFCJPA is the lead agency for this project under CEQA. A public scoping meeting will be held to solicit comments on the environmental scope of the project and the appropriate scope of the joint EIS/EIR.

The U.S. Army Corps of Engineers (Corps) Los Angeles District in conjunction with the Los Angeles Harbor Department (Port) is examining the feasibility of waterside, terminal and transportation improvements at Berths 136-147 in the Port of Los Angeles. The Corps is considering the Port's application for a Department of the Army permit under Clean Water Act section 404 and River and Harbor Act section 10 to conduct dredge and fill activities and construct one new wharf approximately 705 feet and seismically upgrade two wharves approximately 3,022 feet in length associated with the proposed project. Major project elements to be covered in the Draft EIS/EIR include: wharf construction and landside improvements. The landside developments will include expansion, redevelopment and construction of marine terminal facilities, and transportation infrastructure improvements including construction of grade separations, and potential realignment of road and railways. The primary Federal involvement is the discharge of dredge and/or fill materials within waters of the United States, work (e.g. dredging) and structures in or affecting navigable waters of the United States, and potential impacts on the human environment from such activities. Therefore, in accordance with the National Environmental Policy Act (NEPA), the Corps is requiring the preparation of an Environmental Impact Statement (EIS) prior to rendering a final decision on the Port's permit application. The Corps may ultimately make a determination to permit or deny the above project or permit or deny modified versions of the above project. Pursuant to the California Environmental Quality Act (CEQA), the Port will serve as Lead Agency for the Preparation of an Environmental Impact Report (EIR). The Corps and the Port have agreed to jointly prepare a Draft EIS/EIR for the improvements at Berth 136-147 in order to optimize efficiency and avoid duplication. The Draft EIS/EIR is intended to be sufficient in scope to address both the Federal and the state and local requirements and environmental issues concerning the proposed activities and permit approvals.

The Mobile District, U.S. Army Corps of Engineers (Corps), intends to prepare a Draft Supplement to the Environmental Impact Statement (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 will be used as a basis for ensuring compliance with the National Environmental Policy Act (NEPA) and 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 Los Angeles District intends to prepare a joint Environmental Impact Statement/Environmental Impact Report (EIS/EIR) to analyze the environmental effects of, and support the permit decision related to, the proposed construction of a third main track through a 15.9 mile section of the Cajon Subdivision, between Keenbrook (the southerly entrance to Cajon Pass) and Summit. The third track would be constructed on either the east or the west side of the existing tracks, depending on constraints at any given location, and would parallel the western/northern track alignment (Main Track 1), between Cajon and Summit. The purpose of the EIS/EIR is to evaluate alternative approaches to increase sustainable daily capacity of train movement along the portion of the mainline through Cajon Pass to meet demand for freight movement for the present and the future. The benefits of the additional third main track include increasing operational flexibility, increasing operational efficiency, reducing severe congestion during peak travel periods, and allowing for sufficiently frequent movements of trains and goods through the Cajon Pass. Alternatives include the addition of a third main track adjacent to the existing BNSF Main 1 through Cajon Pass with the installation of retaining walls and improvements to culverts and wildlife linkages; construction of a third main track within the existing BNSF right-of-way without environmentally sensitive design features; and the No Action/No Federal Action Alternative. The EIS/EIR will analyze the potential direct, indirect and cumulative impacts of the environmental range of alternatives, including the proposed project.

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 of Visitors, United States Military Academy. Date: Wednesday, May 10, 2006. Place of Meeting: Veterans Affairs Conference room, Room 418, Senate Russell Building, Washington, DC. Start Time of Meeting: Approximately 9 a.m.