Army Department January 2006 – Federal Register Recent Federal Regulation Documents
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Navigation Regulations
The U.S. Army Corps of Engineers (Corps) is withdrawing the proposed rule published on May 25, 2005 (70 FR 30042) which proposed to establish a procedure for modifying the scheduled operational hours at the Lake Washington Ship Canal, Hiram M. Chittenden Locks in Seattle, Washington. The proposed rule would have permitted the District Engineer to change the scheduled operational hours of the locks following issuance of a public notice and after providing a 30-day comment period for any proposed change. The Corps has determined that there is no present need to implement changes in the operation of the Hiram M. Chittenden Locks. The Corps intends to initiate rulemaking in the future if circumstances necessitate instituting a change in the schedule or other parameters of Locks operation.
Availability of Baltimore Harbor and Channels Dredged Material Management Plan and Final Tiered Environmental Impact Statement
In accordance with the requirements of the National Environmental Policy Act, the U.S. Army Corps of Engineers (USACE), Baltimore District has prepared a Final Tiered Environmental Impact Statement (FTEIS) and Dredged Material Management Plan (DMMP) to analyze dredged material placement for the Port of Baltimore for 20 years of maintenance and new work dredging. USACE is making the document available to the public through a Notice of Availability published in the Federal Register. The overall goal of the DMMP is to develop a plan to maintain, in an economically and environmentally sound manner, channels necessary for navigation for the Port of Baltimore, conduct dredged material placement in the most environmentally sound manner, and maximize the use of dredged material as a beneficial resource. The recommendations which will provide a minimum of 20 years of dredged material placement capacity for the Port of Baltimore are: Continued maintenance dredging of the Virginia channels and use of the existing open-water placement sites in Virginia (Dam Neck Open Water Placement; Rappahannock Shoal Deep Alternate Open Water Placement; and Wolf Trap Alternate Open Water Placement). Continued maintenance dredging of the Maryland channels and use of the existing sites in Maryland including Pooles Island Open Water Site, Hart-Miller Island Dredged Material Containment Facility (HMI DMCF), Cox Creek Confined Disposal Facility (CDF) (+36 ft dike height), and Poplar Island Environmental Restoration Project (PIERP). Multiple confined disposal facilities for harbor material in Patapsco River. PIERP Expansion in Talbot County, Maryland. Large Island Restoration in Middle Chesapeake Bay, Maryland. Wetland Restoration in Dorchester County, Maryland. Continue to pursue opportunities to innovatively use dredged material.
Intent To Prepare a Draft Environmental Impact Statement for the Wilmington Harbor-96 Act, General Reevaluation Report, New Hanover County, NC
The Wilmington Harbor-96 Act project is being constructed for the purpose of enhancing commercial shipping the Cape Fear River and Northeast Cape Fear River, and the State Port in Wilmington, New Hanover County, NC. The project, including turning basin and mitigation efforts were originally addressed in an Environmental Impact Statement, Cape FearNortheast Cape Fear Rivers Comprehensive Study, Wilmington, NC, dated June 1996, which was supplemented by an Environmental Assessment, Preconstruction Modifications of Authorized Improvements, Wilmington Harbor, NC, dated February 2000. However since then, the need for new project features and mitigation issues have arisen. In order to address these issues, a General Reevaluation Report (GRR) will be prepared, and a Draft Environmental Impact Statement (DEIS) will be included as a part of this process. The GRR and DEIS will address the proposed relocation of a turning basin in the Northeast Cape Fear River, and a reevaluation of alternatives for fish passage at the three locks and dams on the Cape Fear River.
Intent To Prepare a Draft Supplemental Environmental Impact Statement/Environmental Impact Report for the Yuba River Basin Project, Yuba County, CA
In accordance with the National Environmental Policy Act (NEPA) and the California Environmental Quality Act (CEQA), the U.S. Army Corps of Engineers (Corps), Sacramento District, is preparing a Draft Supplemental Environmental Impact Statement/Environmental Impact Report (SEIS/EIR) to reevaluate the previously authorized plan and other alternatives to reduce flood damages and restore riparian and aquatic habitat in the lower Yuba River Basin, part of the Feather River Basin, and the city of Marysville, in Yuba County, CA. This notice replaces the one previously published in the Federal Register on March 17, 2004 (69 FR 12646). The general reevaluation is needed because recent technical, environmental, and economic studies have indicated that additional refinement and reformulation are needed to determine the feasibility and extent of Federal and non-Federal interest in the project. The basic study authority for the Yuba River Basin study was provided under the Flood Control Act of 1962.
Notice of Availability (NOA) for the Supplemental Final Environmental Impact Statement (SFEIS) for the Proposed Addition of Maneuver Training Land at Fort Irwin, CA
This announces the availability of the SFEIS for the Proposed Addition of Maneuver Training Land at Fort Irwin. The SFEIS assesses the potential environmental impacts of the addition of maneuver lands to supplement the current training corridors at the National Training Center at Fort Irwin in the Mojave Desert of California by approximately 118,674 acres. The proposed expanded maneuver training will improve necessary field training by providing a more realistic battle corridor. The cooperating agencies for this project are: Bureau of Land Management (as the administrator of the vast majority of the lands within the study area), the National Aeronautics and Space Administration (as a tenant on Fort Irwin), and the Federal Aviation Administration (as some of the alternatives involve possible changes to airspace).
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: Wednesday, February 8, 2006. Place of Meeting: Veterans Affairs Conference room, Room 418, Senate Russell Building, Washington, DC 20510. Start Time of Meeting: Approximately 9 a.m.
Availability of the Draft Supplemental Environmental Impact Statement for the Boston Harbor Inner Harbor Maintenance Dredging Project
The U.S. Army Corps of Engineers, New England District, has prepared a Draft Supplemental Environmental Impact Statement and State Notice of Project Change (DSEIS/NPC) to maintenance dredge the following Federal navigation channels: the Main Ship Channel upstream of Spectacle Island to the Inner Confluence, the upper Reserved Channel, the approach to the Navy Dry Dock, and a portion of the Chelsea River (previously permitted) in Boston Harbor, MA. Maintenance dredging of the navigation channels landward of Spectacle Island is needed to remove shoals and restore the Federal navigation channels to their authorized depths. Materials dredged from the Federal channels will either be disposed of at the Massachusetts Bay Disposal Site (if the material is suitable for unconfined open water disposal) or, if the material is not suitable for unconfined open water disposal, in confined aquatic disposal (CAD) cell(s). Major navigation channel improvements (deepening) were made in 1999 through 2001 in the Reserved Channel, the Mystic River, Inner Confluence and the Chelsea River. A final EIS was prepared for this previous navigation improvement project in June of 1995 in which the use of CAD cells in the Mystic River, Inner Confluence, and Chelsea River were investigated. A CAD cell for the proposed maintenance project will be constructed in the Mystic River and in the Main Ship Channel just below the Inner Confluence.
Intent To Prepare a Draft Environmental Impact Statement/Environmental Impact Report (DEIS/EIR) for the Westminster Watershed Study, Orange County, CA
The purpose of this study is to evaluate the Westminster watershed ecosystem and look for multipurpose recommendations for how to more effectively manage its natural resources. There is a need for both flood control improvements as well as ecosystem habitat restoration. The study area is located in western Orange County, CA, approximately 25 miles southeast of the City of Los Angeles. The Westminster watershed lies on a flat coastal plain, is approximately 90 square miles in area, and is almost entirely urbanized with residential and commercial development. There are two main channel systems that collect runoff from portions of urbanized areas in the cities of Anaheim, Stanton, Cypress, Orange, Santa Ana, Garden Grove, Westminster, Fountain Valley, Los Alamitos, Seal Beach, and Huntington Beach. The East Garden Grove-Wintersburg Channel (EGGW), with its principal tributary, the Ocean View Channel (OV), drains into Bolsa Bay. Two retarding basins (Haster and West Street) exist at the upstream reach of the EGGW channel. Bolsa Bay includes the Bolsa Chica Lowlands and Ecological Reserve, and is a major environmental resource in southern California. The Bay has been designated as an area of national significance, and is host to a wide assemblage of resident and migratory waterfowl and marine species including over 30 Federal and/or State listed sensitive species that utilize the wetlands during all or part of their annual cycle. The Bolsa Chica Flood Control Channel (BCFC), with its principal tributaries, the Anaheim-Barber City Channel and Westminster Channel, drains to Huntington Harbour. The BCFC Channel drains the western portion of the study area, with a significant portion of property adjacent to the Seal Beach Naval Weapons Station of the U.S. Navy and 1.5 miles runs through and adjacent to the Los Alamitos Armed Forces Training Base. Aside from the military facilities, this portion of the watershed is almost entirely urbanized. Agriculture is still practiced under leases granted by the Navy on portions of their property. The BCFC Channel outlets into Huntington Harbour, but unlike EGGW, does not outlet into Bolsa Bay. The sole ocean outlet for both Bolsa Bay and Huntington Harbour is to the north at Anaheim Bay and the Seal Beach National Wildlife Refuge. Tidal influence in the lowermost portion of the BCFC and East Garden Grove-Wintersburg Channels extended approximately 2 miles inland.
Proposed Collection; Comment Request
In compliance with Section 3506(c)(2)(A) of the Paperwork Reduction Act of 1995, the Department of the Army announces a proposed 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.
Reserve Officers' Training Corps (ROTC) Program Subcommittee
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: January 24-25, 2006. Location: Radisson Hotel Hampton, 700 Settlers Landing Road, Hampton, VA 23669. Time: 0800-1700 hours, January 24, 2006; 0800-1030 hours, January 25, 2006. Proposed Agenda: Review and discuss the Junior and Senior Reserve Officers' Training Corps programs; incentive-based scholarships initiatives; academic accreditation agencies and procedures; curriculum review, revision and validation; and the growth of Military Science and Leadership as a college minor.
Availability for Non-Exclusive, Exclusive, or Partially Exclusive Licensing of U.S. Provisional Patent Application Concerning Method of Prophylactically Treating Organophosphate Poisoning
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. Provisional Patent Application Serial No. 60/613,121 entitled ``Method of Prophylactically Treating Organophosphate Poisoning,'' filed September 24, 2004. Foreign rights are also available. 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. Provisional Patent Application Concerning Composition for Treating Sulfur Mustard Toxicity and Methods of Using Same
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. Provisional Patent Application Serial No. 60/632,834 entitled ``Composition for Treating Sulfur Mustard Toxicity and Methods of Using Same,'' filed December 3, 2004. Foreign rights are also available. The United States Government, as represented by the Secretary of the Army, has rights in this invention.
Intent To Grant an Exclusive License of a U.S. Government-Owned Patent
In accordance with 35 U.S.C. 209 and 37 CFR 404.7(a)(1)(i), announcement is made of the intent to grant an exclusive, royalty- bearing, revocable license within the geographic area of the United States of America and its territories and possessions to U.S. Patent 6,669,481, issued December 30, 2003 entitled ``Neurocognitive Assessment Apparatus And Method;'' Continuation-in-part U.S. Patent Application 10/614,758, filed July 8, 2003 entitled ``Automated Neurological Assessment Metrics (Anam);'' U.S. Provisional Patent Application 60/289,125, filed May 8, 2001 entitled ``Automated Neurological Assessment Metrics;'' U.S. Provisional Patent Application 60/663,765, filed March 22, 2005 entitled ``System, Method, And Computer Program Product For An Automated Neuropsychological Test;'' U.S. Patent Application 10/340,473, filed December 27, 2002, to The University of Oklahoma with its principal place of business at 350 David L. Boren Boulevard, Suite 1510, Norman, Oklahoma 73072-7264.
Availability of Non-Exclusive License or Partially Exclusive Licensing of U.S. Patent Concerning Method and Apparatus for Making Body Heating and Cooling Garments
In accordance with 37 CFR 404.6, annopuncement is made of the availability for licensing of U.S. Patent No. US 6,979,382 entitled ``Method and apparatus for making body heating and cooling garments'' issued December 27, 2005. This patent has been assigned to the United States Government as represented by the Secretary of the Army.
Availability of Non-Exclusive, Exclusive License or Partially Exclusive Licensing of U.S. Patent Concerning Article of Footwear With Temperature Regulation Means
In accordance with 37 CFR 404.6, announcement is made of the availability for licensing of U.S. Patent No. US 6,981,339 entitled ``Article of Footwear with Temperature Regulation Means'' issued January 3, 2006. This patent has been assigned to the United States Government as represented by the Secretary of the Army.
Availability of Non-Exclusive, Exclusive License or Partially Exclusive Licensing of U.S. Patent Concerning Projectile Launch Assembly and Method
In accordance with 37 CFR 404.6, announcement is made of the availability for licensing of U.S. Patent No. US 6,981,449 entitled ``Projectile Launch Assembly and Method'' issued January 3, 2006. This patent has been assigned to the United States Government as represented by the Secretary of the Army.
Notice of Intent To Prepare an Integrated Environmental Impact Statement/Environmental Impact Report/Feasibility Report for the South San Francisco Bay Shoreline Study: Alviso Ponds and Santa Clara County Interim Feasibility Study
Pursuant to the National Environmental Policy Act (NEPA) of 1969, as amended, the U.S. Army Corps of Engineers (Corps) and the U.S. Fish and Wildlife Service (USFWS) intend to prepare a joint project- level integrated Environmental Impact Statement (EIS)/Environmental Impact Report (EIR)/Feasibility Report, hereafter called the Report, to address the potential impacts of the first Interim Feasibility Study component of the South San Francisco Bay Shoreline Study, San Francisco Bay, CA. This study is closely interrelated with the ongoing South Bay Salt Ponds Restoration Project, discussed in the Notice of Intent dated November 9, 2004. It will function as a project-level EIS/EIR tiered under that programmatic EIS/EIR and will be issued subsequently to the programmatic document. The California State Coastal Conservancy (Conservancy) will be the lead agency under the California Environmental Quality Act (CEQA). Federal Lead Agencies Proposed Actions and Related Programmatic EIS/EIR. The Corps, in cooperation with the USFWS, is proposing to study flood protection and ecosystem restoration for the Alviso portion of the South San Francisco Bay (South Bay) Salt Ponds and adjacent areas to determine whether there is a federal interest in constructing a project with flood protection and/or ecosystem restoration components in this area, and if so, to determine the optimum project to recommend to Congress for authorization. The Report will recommend a plan which will provide for long-term restoration for these salt ponds and adjacent areas as well as flood protection and recreation components, if these actions are justified under Federal criteria. The Report and its alternatives will be tiered to the programmatic EIS/EIR for the South Bay Salt Ponds Restoration Project. One public scoping meeting will be held to solicit comments on the environmental effects of the range of potential projects and the appropriate scope of the Report. The public is invited to comment during this meeting on environmental issues to be addressed in the Report.
Notice of Intent To Prepare an Environmental Impact Statement and Conduct Public Scoping Meetings for the Fishtrap Lake Road Project, Fishtrap Lake, Pike County, KY
Pursuant to the National Environmental Policy Act (NEPA), the Huntington District, U.S. Army Corps of Engineers, DoD, will prepare an Environmental Impact Statement (EIS). The EIS will evaluate potential direct, indirect and cumulative impacts to the natural, physical, and human environment resulting from construction of one or more roads proposed to serve recreational development and community access needs at the Fishtrap Lake Project near Millard, Pike County, KY.
Final Environmental Impact Statement To Fully Integrate the Overhills Property Into the Fort Bragg Training Program, Fort Bragg, NC
The Department of the Army announces the availability of the Final Environmental Impact Statement (FEIS) to full integrate the Overhills property into the Fort Bragg Training Program, Fort Bragg, Cumberland and Harnett Counties, NC. Presently, realistic training in Fort Bragg's Northern Training Area (NTA), one of Fort Bragg's largest training areas, is hampered by the two sets of training rules that govern training in the units. Though no physical barriers separate the Overhills training units, NTA V-VIII, from NTA units I-IV, the Overhills Standard Operating Procedures (SOP) limits the number of personnel and types of activities during training exercises, effectively creating a training barrier. Applying the same training regulation to the Overhills that governs training on the rest of the installation would allow Fort Bragg to full incorporate the Overhills into the installation's training program, and maximize training possibilities throughout the NTA.
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