Department of Defense September 12, 2008 – Federal Register Recent Federal Regulation Documents

Notice of Public Hearings for the Undersea Warfare Training Range Draft Overseas Environmental Impact Statement/Environmental Impact Statement
Document Number: E8-21344
Type: Notice
Date: 2008-09-12
Agency: Department of Defense, Department of the Navy, Navy Department
Pursuant to section 102(2)(c) of the National Environmental Policy Act (NEPA) of 1969 and regulations implemented by the Council on Environmental Quality (40 CFR parts 1500-1508), and Executive Order (EO) 12114, Environmental Effects Abroad of Major Federal Actions, the Department of the Navy (Navy) has prepared and filed with the U.S. Environmental Protection Agency a Draft Overseas Environmental Impact Statement/Environmental Impact Statement (OEIS/EIS) on September 12, 2008. The National Marine Fisheries Service (NMFS) is a Cooperating Agency for the OEIS/EIS. The Draft OEIS/EIS evaluates the potential environmental impacts of the construction and operation of an Undersea Warfare Training Range (USWTR) associated with Navy Atlantic Fleet training activities. The construction of the proposed USWTR would entail the instrumentation of a 500-square nautical mile (NM\2\) area of the sea floor with undersea cables and sensor nodes, connected to the shore via a single trunk cable. The western edge of the range would be located approximately 50 NM off the coast of Jacksonville, FL. The USWTR would allow ships, submarines, and aircraft to perform anti-submarine warfare (ASW) training in littoral, or near shore, waters. A Notice of Intent (NOI) for the OEIS/EIS was published in the Federal Register on May 13, 1996 (Federal Register, Volume 61, No. 93, pp 22028). A Revised NOI for this Draft OEIS/EIS and Notice of Request for Public Scoping Comments were published in the Federal Register on September 21, 2007 (Federal Register, Volume 72, No. 183, pp 54015-54016). The Navy will conduct four public hearings to receive oral and written comments on the Draft OEIS/EIS. Federal agencies, state agencies, local agencies, and interested individuals are invited to be present or represented at the public hearings. This notice announces the dates and locations of the public hearings for this Draft OEIS/EIS. An open house session will precede the scheduled public hearing at each of the locations listed below and will allow individuals to review the information presented in the USWTR Draft OEIS/EIS. Navy representatives will be available during the open house sessions to clarify information related to the Draft OEIS/EIS. Dates and Addresses: Public hearings will be held on the following dates and times at the following locations: 1. September 29, 2008, at the Chincoteague Center (open house poster session from 4 p.m. to 7 p.m. and formal hearing from 7 p.m. to 9 p.m.), 6155 Community Drive, Chincoteague, VA; 2. October 1, 2008 at the Crystal Coast Civic Center (open house poster session from 6 p.m. to 8 p.m. and formal hearing from 8 p.m. to 10 p.m.), 3505 Arendell Street, Morehead City, NC; 3. October 6, 2008 at the Sheraton North CharlestonConvention Center (open house poster session from 5 p.m. to 7 p.m. and formal hearing from 7 p.m. to 9 p.m.), 4770 Goer Drive, North Charleston, SC; 4. October 7, 2008 at the University of North FloridaUniversity Center (open house poster session from 5 p.m. to 7 p.m. and formal hearing from 7 p.m. to 9 p.m.), 12000 Alumni Drive, Jacksonville, FL.
Notice of Public Hearings for the Naval Sea Systems Command Naval Undersea Warfare Center, Keyport Range Complex Extension Draft Environmental Impact Statement/Overseas Environmental Impact Statement
Document Number: E8-21343
Type: Notice
Date: 2008-09-12
Agency: Department of Defense, Department of the Navy, Navy Department
Pursuant to section 102(2)(c) of the National Environmental Policy Act (NEPA) of 1969 (42 United States Code [U.S.C.] 4321); the Council on Environmental Quality (CEQ) Regulations for implementing the procedural provisions of NEPA (Title 40 Code of Federal Regulations [CFR] Parts 1500-1508); Department of the Navy Procedures for Implementing NEPA (32 CFR 775); Executive Order (EO)12114, Environmental Effects Abroad of Major Federal Actions; and Department of Defense (DoD) regulations implementing EO 12114 (32 CFR Part 187), the Department of the Navy (Navy) has prepared and filed with the U.S. Environmental Protection Agency a Draft Environmental Impact Statement/ Overseas Environmental Impact Statement (EIS/OEIS) on September 3, 2008. The National Marine Fisheries Service (NMFS) is a Cooperating Agency for the EIS/OEIS. The EIS/OEIS evaluates the potential environmental impacts associated with current and proposed research, development, testing, and evaluation (RDT&E) and related activities scheduled and coordinated by Naval Undersea Warfare Center (NUWC) Keyport at the Naval Sea Systems Command (NAVSEA) NUWC Keyport Range Complex in Washington State. The proposed action includes an extension of the operational areas of the NAVSEA NUWC Keyport Range Complex and small increases in the average annual number of tests and days of testing at two of the three range sites that comprise the Range Complex. A Notice of Intent for this Draft EIS/OEIS was published in the Federal Register on September 11, 2003 (68 FR 176). The Navy will conduct four public hearings to receive oral and written comments on the Draft EIS/OEIS. Federal agencies, state agencies, and local agencies and interested individuals are invited to be present or represented at the public hearings. This notice announces the dates and locations of the public hearings for this Draft EIS/OEIS. An open house session will precede the scheduled public hearing at each of the locations listed below and will allow individuals to review the information presented in the Draft EIS/OEIS. Navy representatives will be available during the open house sessions to clarify information related to the Draft EIS/OEIS.
Notice of Public Hearings for the Navy Cherry Point Range Complex Draft Environmental Impact Statement/Overseas Environmental Impact Statement
Document Number: E8-21342
Type: Notice
Date: 2008-09-12
Agency: Department of Defense, Department of the Navy, Navy Department
Pursuant to section 102(2)(c) of the National Environmental Policy Act (NEPA) of 1969 (42 United States Code [U.S.C.] 4321); the Council of Environmental Quality (CEQ) Regulations for implementing the procedural provisions of NEPA (Title 40 Code of Federal Regulations [CFR] Parts 1500-1508); Department of the Navy Procedures for Implementing NEPA (32 CFR part 775); Executive Order (EO) 12114, Environmental Effects Abroad of Major Federal Actions; and Department of Defense (DoD) regulations implementing EO 12114 (32 CFR Part 187), the Department of the Navy (Navy) has prepared and filed with the U.S. Environmental Protection Agency a Draft Environmental Impact Statement/ Overseas Environmental Impact Statement (EIS/OEIS) on September 2, 2008. The National Marine Fisheries Service (NMFS) is a Cooperating Agency for the EIS/OEIS. This notice announces the dates and locations of the public hearings for this Draft EIS/OEIS, and provides supplementary information about the environmental planning effort. The EIS/OEIS evaluates the potential environmental impacts over a 10-year planning horizon associated with Navy Atlantic Fleet and Marine Corps training; research, development, testing, and evaluation (RDT&E) activities; and associated range capabilities enhancements (including infrastructure improvements) within the existing Navy Cherry Point (Navy CHPT) Range Complex. The Navy CHPT Range Complex encompasses 18,617 square nautical miles (nm\2\) of offshore surface and subsurface operating area (OPAREA); 12,529 nm\2\ of deep ocean area greater than 100 fathoms (600 feet), and 18,966 nm\2\ of overlying Special Use Airspace (SUA) off the coast of North Carolina. The geographic scope of the EIS/OEIS, referred to as the Navy Cherry Point Study Area, includes the OPAREA and SUA, plus the 3 NM strip of coastal water from mean high tide line extending seaward to the western OPAREA boundary. A Notice of Intent for this Draft EIS/OEIS was published in the Federal Register on April 30, 2007 (Vol. 72, No. 82, pp. 21248-21249). The Navy will conduct two public hearings to receive oral and written comments on the Draft EIS/OEIS. Federal, state and local agencies and interested individuals are invited to be present or represented at the public hearings. An open house session will precede the scheduled public hearing at each of the locations listed below and will allow individuals to review the information presented in the Navy CHPT Range Complex Draft EIS/OEIS. Navy and Marine Corps representatives will be available during the open house sessions to clarify information related to the Draft EIS/OEIS.
Economic and Environmental Principles and Guidelines for Water and Related Land Resources Implementation Studies; Availability of Proposed Principles and Request for Comments
Document Number: E8-21294
Type: Notice
Date: 2008-09-12
Agency: Department of Defense, Department of the Army, Corps of Engineers, Engineers Corps, Army Department
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 (P&G), which the Water Resources Council issued on March 10, 1983. The Army Corps of Engineers (``Corps'') proposes to craft the revision in phases. The first phase would address the basic principles of water resources planning (``Principles'') and the next phase or phases would provide more detailed implementing guidance. This notice includes a copy of the proposed Principles (see SUPPLEMENTARY INFORMATION), which would replace the first two pages of the P&G. The proposed Principles may also be found at: https:// www.usace.army.mil/cw/hot_topics/ht_2008/pandg_rev.htm.
United States Navy Restricted Area, Naval Support Activity, Panama City, FL
Document Number: E8-21292
Type: Rule
Date: 2008-09-12
Agency: Department of Defense, Department of the Army, Corps of Engineers, Engineers Corps, Army Department
The U.S. Army Corps of Engineers (Corps) is establishing ten restricted areas at Naval Support Activity (NSA), Panama City (PC), Florida. NSA, Panama City, and its major tenant command, the Naval Surface Warfare Center (NSWC), have been recognized as one of the lead research, development, test and evaluation laboratories of the U.S. Navy. In addition, the Naval Diving and Salvage Training Center (NDSTC) was relocated from the Washington Navy Yard to NSA PC and now hosts a consolidated training for the U.S. Army Corps of Engineers, U.S. Coast Guard, the Navy's satellite dive schools, the U.S. Marine Corps and the U.S. Air Force. As such, a large majority of military dive training is now concentrated at NSA, PC. The restricted areas in Panama City waters meet strict military training parameters that cannot be duplicated elsewhere. Military training in and around St. Andrews Bay has existed in harmony with local boat traffic and development since 1945. NSA, PC is formalizing these ongoing activities within the waters of St. Andrews Bay in an effort to maximize public safety and to preserve current military training vital to the Global War on Terror and to all service military readiness.
Intent To Prepare a Draft Environmental Impact Statement for the Proposed Folsom South of U.S. Highway 50 Specific Plan Project, in Sacramento County, CA, Corps Permit Application Number SPK-2007-02159
Document Number: E8-21289
Type: Notice
Date: 2008-09-12
Agency: Department of Defense, Department of the Army, Corps of Engineers, Engineers Corps, Army Department
The South Folsom Property Owners Group proposes to implement a large-scale, mixed-use, mixed-density master planned community with residential, commercial, office, public/quasi-public uses, open space, and parks. The proposed project consists of approximately 1,464 acres of residential development, 523 acres of mixed-use and commercial development, 109 acres of parks, and 1,053 acres of open space. The majority of the 1,053 acres of open space would be located in the western portion of the project site. This area includes Alder Creek, numerous cultural resources sites, and the highest concentration of oak woodland habitat within the project site. The proposed Folsom South of 50 Specific Plan includes development of up to 10,045 mixed-density residential homes and approximately 7.4 million square feet of retail and office uses within an area south of Highway 50 that would be annexed to the City of Folsom. The proposed project would provide five elementary schools, one joint middle school/ high school, and a campus for the Sacramento County Day School. It is anticipated that construction would begin in 2010. The initiation and duration of construction would depend on market conditions and receipt of environmental permits and clearances; full build-out would likely be completed within 20 years from construction commencement. The project site is approximately 3,502 acres and contains 82.89 acres of waters of the United States. The proposed project would directly affect approximately 21.28 acres of waters of the United States, including vernal pools and other wetlands. These acreages do not include indirect impacts from the proposed action or impacts anticipated to result from off-site infrastructure that may be determined to be required as part of the U.S. Army Corps of Engineers' (USACE) Environmental Impact Statement (EIS) process. The EIS will be prepared as a joint document with the City of Folsom. The City is the local agency responsible for preparing an Environmental Impact Report in compliance with the California Environmental Quality Act (CEQA).
Availability of Non-Exclusive, Exclusive License or Partially Exclusive Licensing of U.S. Patent Concerning “Continuous Disreefing Apparatus for Parachute”
Document Number: E8-21288
Type: Notice
Date: 2008-09-12
Agency: Department of Defense, Department of the Army, Army Department
In accordance with 37 CFR Part 404.6, announcement is made of the availability for licensing of US Patent No. US 7,416,158 entitled ``Continuous Disreefing Apparatus for Parachute'' issued August 26, 2008. This patent has been assigned to the United States Government as represented by the Secretary of the Army.
Notice of Intent To Prepare an Environmental Impact Statement (EIS) for the Intake Diversion Dam Modification, Lower Yellowstone Project, Montana
Document Number: E8-21188
Type: Notice
Date: 2008-09-12
Agency: Department of Defense, Department of the Interior, Department of the Army, Corps of Engineers, Bureau of Reclamation, Engineers Corps, Army Department
Pursuant to section 102(2)(C) of the National Environmental Policy Act (NEPA) of 1969, as amended, and the Council on Environmental Quality's (CEQ) regulations for implementing the procedural provisions of NEPA, the Bureau of Reclamation (Reclamation) and the U.S. Army, Corps of Engineers (Corps) propose to jointly prepare an EIS that analyzes and discloses effects associated with modifications to Intake Diversion Dam. The proposed Federal action is to modify Intake Diversion Dam and canal headworks, features of Reclamation's Lower Yellowstone Project, to improve passage and reduce entrainment for endangered pallid sturgeon and other native fish in the lower Yellowstone River. Reclamation and the Corps will serve as joint lead Federal agencies in the preparation of the Intake Diversion Dam Modification EIS. Reclamation will act as administrative lead for NEPA compliance activities during preparation of the EIS. Reclamation and the Corps will each consider and approve a Record of Decision regarding actions and decisions for which the respective agencies are responsible.
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