Army Department October 2005 – Federal Register Recent Federal Regulation Documents
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Availability of Integrated Feasibility Report & Environmental Impact Statement for the Flood Damage Reduction Project, Bloomsburg, PA
In accordance with the requirements of the National Environmental Policy Act (NEPA), the U.S. Army Corps of Engineers (USACE), Baltimore District has prepared a Final Integrated Feasibility Report & Environmental Impact Statement (EIS) for the flood damage reduction project for the Town of Bloomsburg, in Columbia County, PA. The Final Integrated Feasibility Report investigated the potential environmental effects of an array of alternative plans based on reducing flood damages in Bloomsburg. The recommended alternative includes approximately 17,000 linear feet of levee/floodwall systems with fourteen drainage structures, and nine closure structures, six of which incorporate limited road raisings.
Public Scoping Meeting and Preparation of Draft Environmental Impact Statement for Widening of the Freeport Ship Channel in Freeport, Brazoria County, TX
The U.S. Army Corps of Engineers, Galveston District intends to prepare a Draft Environmental Impact Statement (DEIS) to assess the social, economic and environmental effects of the proposed widening of portions of the Freeport Harbor Entrance and Jetty Channels. The DEIS will assess potential impacts of a range of alternatives, including the No Action and preferred alternatives. The Federal action is consideration of a Department of Army Permit application for work under section 10 of the Rivers and Harbors Act of 1899 (33 U.S.C. 403), section 404 of the Clean Water Act (33 U.S.C. 1344) and section 103 of the Marine Protection Research and Sanctuary Act (33 U.S.C. 1413).
Notice of Availability of a Novel Composite Processing Technology for Exclusive, Partially Exclusive or Non-Exclusive Licenses
The Department of the Army announces the general availability of exclusive, partially exclusive or non-exclusive licenses relative to a novel Composite Processing technology as described in U.S. Patent 6,586,054; entitled ``Apparatus and method for selectively distributing and controlling a means for impregnation of fibrous articles''; Shawn Walsh. Any license shall comply with 35 U.S.C 209 and 37 CFR 404.
Final Programmatic Environmental Impact Statement for Mountaintop Mining and Valley Fills
The above agencies announce the availability of the FPEIS that considers developing policies, guidance, and coordinated agency decision-making processes to minimize, to the maximum extent practicable, the adverse environmental effects to waters of the United States and to fish and wildlife resources affected by mountaintop mining operations, and to environmental resources that could be affected by the size and location of excess spoil-disposal sites in valley fills within the Appalachian study area in West Virginia, Kentucky, Virginia, and Tennessee. This FPEIS was prepared as part of a settlement agreement that resolved the Federal claims brought in Bragg v. Robertson, Civ. No. 2:98-0636 (S.D.W.Va.). This FPEIS was prepared consistent with the provision set forth in 40 CFR 1503.4(c) of the Council on Environmental Quality regulations implementing NEPA, which allow the agencies to attach an errata sheet to the statement instead of rewriting the draft statement and to circulate the errata, comments, responses, and the changes, rather than the entire document. The agencies are filing the entire statement with a new cover sheet as the FPEIS. The FPEIS is being made available by mail and can be viewed on the Internet at https://www.epa.gov/region3/ mtntop/index.htm. The FPEIS can also be viewed at local offices of the above agencies and at selected local libraries. Copies of the FPEIS may be obtained by writing to the address listed below.
Privacy Act; Implementation
The Department of the Army is proposing to exempt those records contained in A0600-20 DCS, G-1, entitled ``Sexual Assault Data Management System (SADMS) Files'' when an exemption has been previously claimed for the records in another Privacy Act system of records. The exemption is intended to preserve the exempt status of the record when the purposes underlying the exemption for the original records are still valid and necessary to protect the contents of the records.
Privacy Act of 1974; System of Records
The Department of the Army is proposing to add a system of records to its existing inventory of records systems subject to the Privacy Act of 1974, (5 U.S.C. 552a), as amended.
Navigation Regulations
The Corps is proposing to amend the regulations for lockage operations at Bonneville Lock and Dam and amend 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 fisherman and the boat ramp.
Western Hemisphere Institute for Security Cooperation Board of Visitors; Meeting
This notice sets forth the schedule and summary agenda for the meeting of the Board of Visitors (BoV) for the Western Hemisphere Institue for Security Cooperation (WHINSEC). Notice of this meeting is required under the Federal Advisory Committee Act (Pub. L. 92-463). This board was chartered on February 1, 2004 in compliance with the requirements set forth in Title 10 U.S.C. 2166. Dates: December 1-2, 2005. Time: 9 a.m. to 4:30 p.m. (December 1) and 9 a.m. to 12:30 p.m. (December 2). Location: Building 35, 7011 Morrison Ave., Fort Benning, GA 31905. Proposed Agenda: The WHINSEC BoV will receive new members and advisors, receive updates on the status of actions taken on past BoV recommendations and an update on new activities and efforts since December 2004; look into any matters it deems important; while meeting with groups of WHINSEC faculty and students
Availability for Non-Exclusive, Exclusive, or Partially Exclusive Licensing of U.S. Patents and Patent Applications Concerning Bacterial Superantigen Vaccines
In accordance with 37 CFR 404.6 and 404.7, announcement is made of the availability for licensing of U.S. Patent No. 6,399,332 entitled ``Bacterial Superantigen Vaccines,'' issued June 4, 2002; U.S. Patent No. 6,713,284 entitled ``Bacterial Superantigen Vaccines,'' issued March 30, 2004; U.S. Patent Application No. 10/757,687 entitled ``Bacterial Superantigen Vaccines,'' filed January 29, 2004, which is a divisional of U.S. Patent No. 6,713,284; and U.S. Patent Application No. 10/002,784 entitled ``Bacterial Superantigen Vaccines,'' filed November 26, 2001, which is a continuation in part of U.S. Patent No. 6,713,284. Foreign rights are also available (PCT/US98/16766 and PCT/ US01/46540). The United States Government, as represented by the Secretary of the Army, has rights in this invention.
Availability for Non-Exclusive, Exclusive, or Partially Exclusive Licensing of U.S. Patent Application Concerning Non-Contact Respiration Monitor
In accordance with 37 CFR 404.6 and 404.7, announcement is made of the availability for licensing of U.S. Patent Application No. 10/936,992 entitled ``Non-Contact Respiration Monitor,'' filed September 9, 2004. Foreign rights are also available (PCT/US02/29563). The United States Government, as represented by the Secretary of the Army, has rights in this invention.
Intent To Prepare a Joint Supplemental Environmental Impact Statement/Supplemental Environmental Impact Report for the Port of Los Angeles Channel Deepening Project for Navigation Improvement Additional Disposal Capacity; Los Angeles County, CA
The U.S. Army Corps of Engineers (USACE) published in the Federal Register dated November 4, 2004 (69 FR 64280) a Notice of Intent (NOI) to initiate preparation of a Supplemental Environmental Impact Statement/Supplemental Environmental Impact Report (SEIS/SEIR) for additional disposal capacity needed to complete the Port of Los Angeles Channel Deepening Project for Navigation Improvement (Channel Deepening Project), Los Angeles Harbor, Los Angeles, California. Subsequent to the publishing of the NOI, several changes and additional considerations led to the publication of this Supplemental Notice of Intent (SNOI). The major changes and considerations include the designation of beneficial reuse of dredged material within the Port of Los Angeles as a project purpose, and consideration of reasonably foreseeable uses to disposal sites. This public notice also serves as the NOI to issue any Regulatory and other permits as may be required to implement the proposed project. The SEIS/SEIR will consider the potential impacts of the reasonably foreseeable use of proposed disposal sites for future port development. The assessment will entail the use of generalized assumptions in lieu of project-specific conditions that are not available at this time or within the scope of the Channel Deepening Project. It is emphasized that a Record of Decision (ROD) approving this SEIS/SEIR or approval of any landfill disposal option will not authorize any future development at landfill disposal sites. Future State and Federal environmental documents and permits may be required prior to any development of land created as a result of this project. USACE began construction in October 2002 and is currently using disposal areas previously approved as part of the Channel Deepening Project. The Channel Deepening Project will improve the efficient use of Los Angeles Harbor by deepening the Inner Harbor Channels to accommodate the most modern vessels in the commercial container fleet. The current project also includes approved disposal areas that allow for the beneficial use of dredge material for environmental enhancement and potential port development. It has been determined that for reasons related to construction of the currently approved disposal facilities, project and contract modifications, and dredging and disposal operations, additional disposal capacity of approximately 4 million cubic yards (mcy) is needed to complete the Channel Deepening Project. Details regarding the genesis of the volume of material will be provided in the SEIS/SEIR. Disposal options identified to date that will be analyzed in the SEIS/SEIR include creation of new land that could be used for future port development, several environmental enhancement options, removal and capping of contaminated sediments at the Consolidated Slip, disposal at the existing Pier 400 Submerged Material Storage Site, and ocean disposal. Other options resulting from public and agency participation and resulting from further analyses will also be considered in the preparation and documentation of the SEIS/SEIR.
Obtaining Information From Financial Institutions
The Department of the Army is publishing a revision to our rule concerning obtaining information from financial institutions. The regulation prescribes policies for the Department of the Army to obtain information on a customer's financial records from financial institutions.
Armed Forces Disciplinary Control Boards and Off-Installation Liaison and Operations
The Department of the Army is publishing a revision to our rule concerning armed forces disciplinary control boards and off- installation liaison and operations. The regulation prescribes uniform policies and procedures for the establishment, and operation of Armed Forces Disciplinary Control Boards, and off-installation liaison and operations.
Availability of Final General Reevaluation Report and Supplemental Environmental Impact Statement for the Poplar Island Environmental Restoration Project, Talbot County, MD
In accordance with the requirements of the National Environmental Policy Act (NEPA), the U.S. Army Corps of Engineers (USACE), Baltimore District has prepared a Final General Reevaluation Report (GRR) and Supplemental Environmental Impact Statement (SEIS) for the Poplar Island Environmental Restoration Project (PIERP). The GRR/ SEIS evaluated the vertical and/or lateral expansion of the PIERP, design modifications to the existing project, the addition of recreational/educational opportunities to the existing project, and the potential to accept dredged material from additional channels not specified in the 1996 EIS for the existing project. A Notice of Availability (NOA) for the Draft GRR/SEIS was published by the U.S. Environmental Protection Agency (EPA) in the Federal Register on June 22, 2005 (70 FR 36129). The preferred alternative includes a northern lateral expansion consisting of approximately 575 acres, which would include wetland and upland habitat, and a protected open water embayment; construction of a 5-ft vertical raising of the existing upland Cells 2 and 6 at the PIERP; amending the existing project authorization and Project Cooperation Agreement to include the placement of dredged material from the southern approach channels to the Chesapeake and Delaware (C&D) Canal; incorporation of design modifications required for the completion of the existing project, and development of recreational and educational enhancement for the PIERP.
Grant of Partially Exclusive or Exclusive Licenses
The Department of the Army, U.S. Army Corps of Engineers, announces the general availability of partially 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.
Publication of Families First Business Rules
The Military Surface Deployment and Distribution Command (SDDC), as the Department of Defense (DoD) Traffic Manager for the Personal Property Program published the Defense Personal Property System (DPS) Phase II Business Rules for Industry comment. These rules were posted to the Families First Web Site located at https:// www.sddc.army.mil under Families First. This announcement is being made to provide an overview of the comments received by SDDC from the Federal Register notice published on April 26, 2005 (70 FR 21401). All stakeholders were given 30 days to review these draft business rules and provide SDDC their comments. Responses were returned in several ways, including letters, spreadsheets and the Frequently Asked Question process. SDDC received approximately 1300 comments from the industry. Some of the comments were unique, but there were many duplicates. After the initial review of the comments and identification of duplicates, the comments were assigned to SDDC Subject Matter Experts (SME) in each of the associated Functional Areas related to the development of DPS. These SME's performed a detailed review of these comments to determine if revision to the business rules were appropriate. Our review indicated that there were approximately 800 duplicates and 500 unique comments. Some of industries major concerns were: the new best value traffic distribution methodology, establishment of minimum performance score, claims metrics, issues with CWA/invoicing, prompt payment, hard copy documentation, low response customer survey response rate, lack of statistically valid number of Transportation Service Providers (TSPs), non-availability of interface with TSP systems, 13% cost growth limitation on the new program, access to rate filing instructions, tools required to perform rate filing, inadequate time to test the new system, shipment management, TSP/agent relationship and access to multiple SCACs. Our review indicated that all the comments required clarification to the business rules. SDDC is currently in the process of providing these clarifications in the business rules and will publish the Final Business Rule when incorporation of these changes is completed. In the SUPPLEMENTARY INFORMATION section, SDDC has identified Industry's major concerns.
Dredged Material Management Plan for the Lower Atchafalaya, Bayous Chene, Boeuf, and Black Navigation Channel, and the Gulf of Mexico, in Assumption, St. Mary, and Terrebone Parishes in the Vicinity of Morgan City, LA
The Vicksburg District Corps of Engineers is preparing the Dredged Material Management Plan (DMMP) for the existing Atchafalaya River and Bayous Chene, Boeuf, and Black, Louisiana, navigation project. The DMMP will require a Supplemental Environmental Impact Statement (SEIS) No. 3 to the Final Environmental Impact Statement (FEIS) for the Atchafalaya River and Bayous Chene, Boeuf, and Black, Louisiana (March 1973), navigation project. The project was authorized by the River and Harbor Act of 1968 in accordance with House Document 155, 90th Congress, 1st Session. The purpose of the DMMP is to develop a long term management strategy to accomplish the placement of dredged material associated with the navigation project in the least costly manner, that is consistent with sound engineering practice, and that meets all applicable Federal environmental laws. The Atchafalaya River and Bayous Chene, Boeuf, and Black, Louisiana, navigation project requires, at a minimum, yearly channel maintenance. Existing disposal sites are at their design capacity and new disposal areas are required. The SEIS objective is to document the potential impacts at newly designated disposal sites (adverse and beneficial) related to maintaining the navigation channel for the next twenty years. The dredged material would be used for beneficial purposes to extent practicable (barrier island and coastal wetlands restoration). A public scoping meeting will be held on November 17, 2005, at the City Auditorium, 728 Myrtle Street, Morgan City, Louisiana, from 7 p.m. to 9 p.m.
Coastal Engineering Research Board (CERB)
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: Coastal Engineering Research Board (CERB). Date of Meeting: November 2-4, 2005. Place: Hilton St. Petersburg, 333 First Street South, St. Petersburg, FL 33701. Time: 3 p.m. to 5:15 p.m. (November 2, 2005); 8 a.m. to 5:30 p.m. (November 3, 2005); and 8 a.m. to 12 p.m. (November 4, 2005).
Board of Visitors, United States Military Academy (USMA)
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: Monday, November 14, 2005. Place of Meeting: Superintendent's Conference Room, Taylor Hall, 2nd floor, Bldg. 600, West Point, NY. Start Time of Meeting: Approximately 10 a.m.
Notice of Availability of a Novel Fiberglass Technology for Exclusive, Partially Exclusive or Non-Exclusive Licenses
The Department of the Army announces the general availability of exclusive, partially exclusive or non-exclusive licenses relative to a novel fiberglass technology (e-glass; s-glass) as described in U.S. Patent Application No. 10/724,704; entitled ``Nano-Textured Solid Surfaces and Methods for Producing Same''; Jensen and McKnight. Any license shall comply with 35 U.S.C. 209 and 37 CFR 404.
Estuary Habitat Restoration Council; Open Meeting
In accordance with Section 105(h) of the Estuary Restoration Act of 2000, (Title I, Pub. L. 106-457), announcement is made of the forthcoming meeting of the Estuary Habitat Restoration Council. The meeting is open to the public.
Intent To Prepare a Draft Environmental Impact Statement, Programmatic Sediment Management Plan, Lower Snake River Reservoirs, in the States of Washington and Idaho
The U.S. Army Corps of Engineers (Corps) intends to prepare an Environmental Impact Statement (EIS) for a Programmatic Sediment Management Plan that will address sediment management within the four lower Snake River reservoirs and that portion of McNary reservoir contained within the lower Snake River The plan will identify and evaluate ways the Corps can manage sediment within these reservoirs and examine the sediment input (sources) on a programmatic basis in the near-term, mid-term, and long-term. The reservoirs extend from the mouth of the Snake River upstream to the communities of Lewiston, Idaho, and Clarkston, Washington; and include the lower 2 miles of the Clearwater River from its confluence with the Snake River at Lewiston upstream to the U.S. Highway 12 Bridge. In the plan the Corps will also include all tributaries that could significantly contribute sediment to the lower Snake River. The Corps is preparing this plan because sediment management has been an ongoing maintenance issue since the completion of Ice Harbor Dam, the first dam and reservoir on the lower Snake River, in 1961. Rather than addressing sediment-related problems on a case-by-case basis, the Corps has determined that it would be more effective to evaluate sediment management as a whole and on a watershed basis. The intent of the plan is to identify ways to reduce the amount of sediment entering the reservoirs, identify how to manage the sediment once it enters the reservoirs, and identify possible changes to structures or operations to reduce maintenance and associated impacts while still providing for authorized project purposes, including navigation.
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