Army Department 2007 – Federal Register Recent Federal Regulation Documents

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. provisional patent application filed January 15, 2007 entitled ``Identification of Small Molecule Inhibitors of Filovirus Replication,'' to Functional Genetics, with its principal place of business at 708 Quince Orchard Rd., Gaithersburg, MD 20878.

The U.S. Army Corps of Engineers (COE), Wilmington District, Wilmington Regulatory Division has received a request for Department of the Army authorization, pursuant to Section 404 of the Clean Water Act, from Western Wake Partners to construct Western Wake Regional Wastewater Management Facilities. This project will be a regional wastewater pumping, conveyance, treatment, and discharge project to serve the Towns of Apex, Cary, Holly Springs and Morrisville, as well as the Wake County portion of Research Triangle Park (service area), NC. The project is being proposed by the Western Wake Partners to provide wastewater service for planned growth and development in the project service area and to comply with two regulatory mandates. One regulatory mandate has been issued by the North Carolina Environmental Management Commission (EMC), and the second regulatory mandate has been issued by the North Carolina Department of Environment and Natural Resources (NC DENR). In accordance with the two regulatory mandates, the proposed Project must be operational and discharging effluent to the Cape Fear River Basin by January 1, 2011.

The U.S. Army Corps of Engineers (Corps), New Orleans District intends to prepare a Draft Supplemental Environmental Impact Statement (DSEIS) to evaluate potential impacts of the construction of a replacement lock in the Industrial Canal located in New Orleans, LA. The original EIS, Main Report and Final Environmental Impact Statement for the Mississippi RiverGulf Outlet, New Lock and Connecting Channels, Louisiana (Evaluation Report and EIS) issued in March 1998 focused on the potential impacts of construction of a new lock, including impacts to the local community and supporting infrastructure. After evaluating the March 1998 EIS, the Corps issued a Record of Decision (ROD) on December 18, 1998 selecting the location and construction method of the replacement lock and several additional project components to improve the surrounding project area. The Corps decision was challenged in United States District Court and the Court's Order on Motions for Summary Judgment was issued on October 3, 2006 as part of Case No. 2:03-cv-00370-EEF-KWR, United States District Court Eastern District of Louisiana. The Courts' decision enjoined the Corps from continuing with the project until additional compliance with the National Environmental Policy Act (NEPA) is completed. Accordingly, the Corps is preparing a SEIS.

The notice published in the Federal Register on March 13, 2007 (72 FR 11337) contained an incorrect address for the New Orleans East Sub-Basin scoping meeting being held on April 11, 2007. The scoping meeting will be held at the Avalon Hotel & Conference Center, 10100 I- 10 Service Road, New Orleans, LA 70121.

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

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

The Department of the Army announces the availability of a Final Supplemental Programmatic Environmental Impact Statement (SEIS) identifying the potential environmental effects of changing land and airspace use at Fort Bliss to support evolving changes in missions and units and support Army Transformation, Integrated Global Presence and Basing Strategy (IGPBS), Base Realignment and Closure (BRAC), the Army Campaign Plan, and other Army initiatives. The Final SEIS supplements the Fort Bliss, Texas and New Mexico, Mission Master Plan Programmatic Environmental Impact Statement (PEIS), for which a Record of Decision was signed in 2001.

The Department of the Army announces the availability of an FEIS which evaluates the potential environmental impacts associated with realignment actions directed by the BRAC Commission at Fort Sam Houston and Camp Bullis, Texas.

The Placer Vineyards Specific Plan Property Group proposes to construct a mixed-use master planned community with residential, employment, commercial, open space, recreational and public/quasi- public land uses. The Plan provides for 14,132 homes in a variety of housing types, styles, and densities. At full Plan build-out, projected to occur over a 20- to 30-year time period, Placer Vineyards will have a population of approximately 33,000 people, 42 acres of employment centers, 140 acres of retail commercial centers and approximately 930 acres of new parks and open space. This project, as proposed, would result in impacts to approximately 102.7 acres of waters of the United States, including 8.5 acres of temporary impacts to water and wetlands.

In accordance with 37 CFR part 404.6, announcement is made of the availability for licensing of U.S. Patent No. US 7,186,792 B2 entitled ``Methods for Polymerization of Electronic and Photonic Polymers'' issued March 6 2007. This patent has been assigned to the United States Government as represented by the Secretary of the Army.

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 No. 7,154,433 entitled ``Method and Device for the Detection and Track of Targets in High Clutter,'' issued on December 26, 2006. The United States Government, as represented by the Secretary of the Army, has rights in this invention.

The Department of the Army proposes to amend its regulation concerning law enforcement reporting. The regulation prescribes policies and procedures on preparing, reporting, using, retaining, and disposing of Military Police Reports. The regulation prescribes policies and procedures for offense reporting and the release of law enforcement information.

The U.S. Army Corps of Engineers (USACE), Mississippi Valley Division, New Orleans District (CEMVN) is implementing Alternative Arrangements under the provisions of the Council on Environmental Quality Regulations for Implementing the National Environmental Policy Act (NEPA) (40 CFR 1506.11) in order to expeditiously complete environmental analysis of major portions of a new 100-year level of Hurricane and Storm Damage Reduction effort authorized and funded by the Administration and the Congress. The proposed actions are located primarily in southern Louisiana and relate to the Federal effort to rebuild the Hurricane and Storm Damage Reduction system following Hurricanes Katrina and Rita. The USACE consultation with the Council on Environmental Quality (CEQ), as required under 40 CFR 1506.11 and the USACE Environmental Quality Procedures for Implementing the NEPA (33 CFR 230), concluded on February 23, 2007 with the CEQ approving the Alternative Arrangements. The Alternative Arrangements request was also coordinated with the U.S. Fish and Wildlife Service, National Marine Fisheries Service, Environmental Protection Agency, Advisory Council on Historic Preservation, Department of Homeland Security-Federal Emergency Management Agency, Louisiana Department of Wildlife and Fisheries, Louisiana Department of Natural Resources, Louisiana Department of Environmental Quality and the Louisiana State Historic Preservation Officer. During the consultation, the USACE and CEQ hosted four public meetings in New Orleans metropolitan area to assess the request and gather input on the proposed Alternative Arrangements. The input received during the course of the discussions and meetings provided strong support for Alternative Arrangements that allow for expedited decisions on actions to lower the risk of floods and that restore public confidence in the hurricane storm reduction system so that the physical and economic recovery of the area can proceed as citizens return and rebuild. It was also made clear that the Alternative Arrangements should provide the USACE a way to proceed that complements other ongoing and proposed hurricane protection and coastal restoration efforts. These Alternative Arrangements apply to certain proposed actions included in the 100-year Hurricane and Storm Damage Reduction measures authorized under Public Law 109-234, Emergency Supplemental Appropriations Act for Defense, the Global War on Terror, and Hurricane Recovery, 2006 (4th Supplemental). The Alternative Arrangements will allow decisions on smaller groups of proposed actions to move forward sooner than under the traditional NEPA process. An in-depth analysis and consideration of potential environmental impacts will be completed and negative environmental impacts will be addressed. Detailed information on the Alternative Arrangements can be downloaded from the USACE New Orleans District Web site at: https://www.mvn.usace.army.mil/ pd/EnvirProcessesNEPA/Index.htm.

The U.S. Army Corps of Engineers (Corps) is reissuing all existing nationwide permits (NWPs), general conditions, and definitions, with some modifications. The Corps is also issuing six new NWPs, two new general conditions, and 13 new definitions. The effective date for the new and reissued NWPs will be March 19, 2007. These NWPs will expire on March 18, 2012. The NWPs will protect the aquatic environment and the public interest while effectively authorizing activities that have minimal individual and cumulative adverse effects on the aquatic environment.

The U.S. Fish and Wildlife Service (Service) and the California Department of Fish and Game (CDFG) are proposing a restoration plan for 15,100 acres (6,111 hectares) of former commercial salt ponds in south San Francisco Bay. This South Bay Salt Pond (SBSP) Restoration Project would use a combination of restored tidal marsh, managed ponds, flood control measures and public access features to meet the three goals of the plan: to restore wildlife habitat, to provide flood protection and to provide wildlife-oriented public access. The ponds are located at the Don Edwards San Francisco Bay National Wildlife Refuge and at the Eden Landing State Ecological Reserve. The Draft Environmental Impact Statement/Environmental Impact Report (EIS/EIR) includes program-level evaluation of the SBSP long- term alternatives as well as project-level analysis of the first phase of restoration (the Phase 1 actions). The Draft EIS/EIR has been prepared jointly by the Service, the U.S. Army Corps of Engineers (Corps) and the CDFG to analyze the impacts of the SBSP. The EIS/EIR presents a limited evaluation of the potential impacts associated with the list of possible South San Francisco Bay Shoreline Study (Shoreline Study) actions. The Shoreline Study area includes the SBSP Restoration Project area as well as shoreline and floodplain areas in the counties of Alameda, San Mateo, and Santa Clara. The Corps and non-Federal sponsors will prepare an EIS/EIR for the Shoreline Study, which will tier off of this EIS/EIR and cover specific project-level actions. Note that the Draft SBSP EIS/EIR is being submitted for public review under separate Federal and State processes. The following addresses and due dates are applicable to the Federal NEPA review process:

Pursuant to the Federal Advisory Committee Act of 1972 (5 U.S.C., Appendix, as amended), the Sunshine in the Government Act of 1976 (5 U.S.C. 552b, as amended), and 41 CFR 102-102-3.150, the following meeting notice is announced: Name of Committee: U.S. Army War College Subcommittee of the Army Education Advisory Committee. Dates of Meeting: April 19, 2007 and April 20, 2007. Place of Meeting: U.S. Army War College, 122 Forbes Avenue, Carlisle, PA, Command Conference Room, Root Hall, Carlisle Barracks, Pennsylvania 17013. Time of Meeting: 8:30 a.m.-5 p.m. Proposed Agenda: Receive information briefings; conduct discussions with the Commandant and staff and faculty; table and examine online College issues; assess resident and distance education programs, self- study techniques, assemble a working group for the concentrated review of institutional policies and a working group to address committee membership and charter issues; propose strategies and recommendations that will continue the momentum of federal accreditation success and guarantee compliance with regional accreditation standards.

The Department of the Army announces the availability of a DEIS which evaluates the potential environmental impacts associated with realignment actions directed by the Base Closure and Realignment (BRAC) Commission at Fort Belvoir, Virginia.

The Corps of Engineers (Corps) is preparing a Draft Environmental Impact Statement (DEIS) to address operational changes at Center Hill Dam that could affect pool elevations. Center Hill Dam impounds Center Hill Lake in central Tennessee. The DEIS is necessary to provide National Environmental Policy Act (NEPA) compliance to address changes that could include, but are not limited to water quality, aquatic, riparian, and terrestrial habitat, recreation, water supply, flood storage, economics, hydropower production, and safety as a result of operating Center Hill Lake below normal pool elevations for extended periods of time. Several engineering studies have identified a heightened level of risk at Center Hill Dam due to increasing seepage problems under and around the dam. Since March 2005, the Corps has attempted to keep fall, winter and early spring lake levels from extreme rises due to high inflow. Seepage problems are made worse during continual high lake levels. As a result, the Corps plans to maintain lower lake levels, but still within the operations curve, to reduce pressure on the dam foundation, abutments, and rim walls until a permanent remedy is in place. A major grouting project to address the dam seepage is scheduled for the fall of 2007, followed by installation of a cutoff wall through the earthen portions of the dam and adjoining rim walls. Although not anticipated, the Corps may have to lower the lake pool significantly below the operating pool should seepage conditions worsen, or new information determine this action is necessary to reduce risk. This notice serves to initiate the NEPA process. The Corps plans to prepare and circulate a DEIS which serves to cover possible impacts due to extreme changes in lake levels that could occur during the repair of the dam's foundation and abutments.

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. 10/631,218 entitled ``A Coherent Radar and Ladar Polarimeter,'' filed on July 25, 2003. The United States Government, as represented by the Secretary of the Army, has rights in this invention.

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 Harbor Act, from Figure ``8'' Beach Homeowners Association to develop a management plan for Rich Inlet that would mitigate chronic erosion on the northern portion of Figure Eight Island so as to preserve the integrity of its infrastructure, provide protection to existing development, and ensure the continued use of the oceanfront beach along the northernmost three miles of its oceanfront shoreline. Figure Eight Island is an unincorporated privately developed island located on the southeast coast of North Carolina, approximately eight miles north of Wilmington. The island is bordered to the south by Mason Inlet and Wrightsville Beach; and to the north by Rich Inlet and Lea-Hutaff Island, an undeveloped, privately-owned island. The inlet management plan would involve the repositioning and realignment of the main ebb channel of Rich Inlet to a location closer to the north end of Figure Eight Island. The intended alignment is to be essentially perpendicular to the oceanfront shorelines of the adjacent islands. The new channel position would be periodically maintained with maintenance episodes dictated by natural shifts in the channel position that produce unfavorable shoreline responses on the north end of Figure Eight Island. While the main focus of the project is to relocate the main ebb bar channel, consideration will also be given to possible alterations in Nixon Channel and Green Channel to determine if such modification would enhance the stability of the new channel. Nixon Channel meanders along a southwesterly path on the landward side of the north end of Figure Eight Island; connecting to the Atlantic Intracoastal Waterway (AIWW) at a point approximately two miles west of the Rich Inlet throat. Green Channel meanders to the northeast on the landward side of Lea-Hutaff Island and intersects with the AIWW approximately 1.75 miles north of the Rich Inlet throat. Material dredged from the inlet and channels will be placed along the central and northern portions of Figure Eight Island and, if needed, along portions of Lea-Hutaff Island. The objective of the placement of beach fill along the Figure Eight Island's shoreline is to keep the design fill density less than 50 cubic yards/foot, to avoid the placement of a permanent static vegetation line. This beach fill would be maintained through a program of periodic beach nourishment events with the material extracted from the dredging of Rich Inlet to maintain the inlet in an optimum location.

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.