Army Department March 2009 – Federal Register Recent Federal Regulation Documents
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Publication of Revision and Consolidation of Military Freight Traffic Rules Publications (MFTRP) 1C-R (Motor), 10 (Rail), 30 (Barge), 6A (Pipeline), 4A (Tank Truck), Military Standard Tender Instruction Publication (MSTIP) 364D, SpotBid Business Rules, and SDDC Military Class Rate Publication No. 100A to a Consolidation of Procurement Requirements for the Purchase of Commercial Transportation Services into the Military Freight Traffic Unified Rules Publication (MFTURP) No. 1
The Military Surface Deployment and Distribution Command (SDDC) is providing notice that it intends to publish its consolidated procurement requirements of commercial transportation services publication, the MFTURP No. 1, which governs the purchase of surface freight transportation in the Continental United States (CONUS) by DOD using Federal Acquisition Regulation (FAR) exempt transportation service contracts.
Notice of Intent To Prepare an Environmental Impact Statement/Environmental Impact Report for Natomas Levee Improvement Program Phase 4a Landside Improvements Project, Sacramento, CA
The action being taken is preparation of an environmental impact statement/environmental impact report (EIS/EIR) for the Natomas Levee Improvement Program (NLIP) Phase 4a Landside Improvements Project (Phase 4a Project). The Corps is considering a request to issue both 408 permission to the Central Valley Flood Protection Board and 404 permit to Sacramento Area Flood Control Agency (SAFCA) for work on the NLIP. Under 33 U.S.C. 408, the Chief of Engineers may grant permission to alter an existing Federal project if it is not injurious to the public interest and does not impair the usefulness of the project. Under Section 404 of the Clean Water Act, the District Engineer permits the discharge of dredged or fill material into waters of the United States if the discharge meets the requirements of the Environmental Protection Agency's 404(b)(1) guidelines and is not contrary to the public interest. The NLIP is located in Sacramento and Sutter Counties, CA. The 408 permission is required for structural improvements to the Sacramento River east levee and the Natomas Cross Canal south levee. A 404 permit is needed for dredge and discharge of fill materials into waters of the United States resulting from levee improvements, relocation of the Riverside Canal, and development of associated habitat.
Army Educational Advisory Committee
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 102-3.150, the following meeting notice is announced:
Intent To Prepare a Draft Environmental Impact Statement for the Morehead City Harbor Project, Dredged Material Management Plan, Carteret County, NC
The Wilmington District, U.S. Army Corps of Engineers (USACE) is conducting a study to evaluate the long-term (20-year) dredged material placement needs and opportunities for Morehead City Harbor, NC. The study area encompasses Morehead City Harbor and the Ocean Bar approach channels extending seaward to deep water through Beaufort Inlet in Carteret County, near Morehead City, NC. The study will include the preparation of an integrated (combined) Dredged Material Management Plan (DMMP) and Draft Environmental Impact Statement (DEIS) and will identify, evaluate, screen, prioritize, and ultimately optimize placement alternatives resulting in the recommendation of a plan for the placement of dredged materials for at least the next 20 years.
Intent To Prepare an Environmental Impact Statement for the Proposed Regional Watershed Supply Project in Wyoming and Colorado
The U.S. Army Corps of Engineers (COE) is preparing an Environmental Impact Statement (EIS) to analyze the direct, indirect, and cumulative effects of a proposed water supply project in Wyoming and Colorado, referred to as the Regional Watershed Supply Project (RWSP). Construction of the proposed RWSP is expected to require a Clean Water Act Section 404 permit. The Project is proposed by Million Conservation Resource Group (MCRG), which is a private water development group. The RWSP proposes to provide approximately 250,000 acre-feet per year of new annual firm yield to meet a portion of the projected water supply needs of southeastern Wyoming and the Front Range of Colorado on a perpetual basis through 2030 and beyond. The water would be obtained from the Green River Basin as part of the unused portion of water allocated to the States of Wyoming and Colorado under the Upper Colorado River Compact. The RWSP would be a non-Federal project constructed, owned, and operated by MCRG.
United States Navy Restricted Area, Naval Support Activity, Panama City, FL
The U.S. Army Corps of Engineers (Corps) published a document in the Federal Register on September 12, 2008 (73 FR 52926), revising the restricted areas at Naval Support Activity (NSA), Panama City (PC), Florida. The latitude of the shared point for the southeast point of restricted area BA-1 (Sec. 334.761(a)(2)) and the southwest point of restricted area BA-2 (Sec. 334.761(a)(3)) should have been provided as 30[deg]10'32'' N. This document corrects the final regulation by revising these actions.
Restricted Areas at Cape Canaveral Air Force Station, Patrick AFB, FL
The U.S. Army Corps of Engineers (Corps) is proposing to amend the existing regulations at 33 U.S.C. 334 to enlarge an existing restricted area in the Banana River and to establish a new restricted area in the Atlantic Ocean for the Cape Canaveral Air Force Station (CCAFS), located on Patrick AFB, Florida. We are also proposing to remove an existing restricted area in the Banana River at CCAFS. CCAFS Command, located at Patrick AFB, Florida, is responding to Department of Defense (DoD) security assessments which have identified a need for CCAFS to have the capability to secure their shoreline. The proposed enhancement of these capabilities is necessary to counter postulated threats to CCAFS.
The Release of the Draft Environmental Impact Statement (DEIS) and the Announcement of a Public Hearing for the Proposed Construction of the Western Wake Regional Wastewater Management Facilities, Which Includes Regional Wastewater Pumping, Conveyance, Treatment, and Discharge Facilities 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 U.S. Army Corps of Engineers (COE), Wilmington District, Regulatory Division has been reviewing the request for Department of the Army authorization, pursuant to Section 404 of the Clean Water Act from the Town of Cary, acting as the lead for the Western Wake Regional Wastewater Management Facilities Project Partners (Western Wake Partners), to construct Regional Wastewater Management Facility. The proposed project consists of regional wastewater pumping, conveyance, treatment, and discharge facilities to serve the Towns of Apex, Cary, Holly Springs and Morrisville, as well as the Wake County portion of Research Triangle Park (RTP South), 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).
Department of the Army; Notice of Solicitation for Estuary Habitat Restoration Program
Congress has appropriated limited funds to the U.S. Army Corps of Engineers (Corps) for implementation of the Estuary Habitat Restoration Program as authorized in Section 104 of the Estuary Restoration Act of 2000, Title I of the Estuaries and Clean Waters Act of 2000 (Pub. L. 106-457) (accessible at https://www.usace.army.mil/ CECW/ERA/pages/Default.aspx). On behalf of the Estuary Habitat Restoration Council (Council), the Corps is soliciting proposals for estuary habitat restoration projects. This document describes project criteria and evaluation criteria the Council will use to determine which projects to recommend. Recommended projects must provide ecosystem benefits, have scientific merit, be technically feasible, and be cost-effective. Proposals selected for Estuary Habitat Restoration Program funding may be implemented in accordance with a cost-share agreement with the Corps, a cooperative agreement with the Corps, or a cooperative agreement with one of the other agencies represented on the Council, subject to availability of funds.
Availability of Non-Exclusive, Exclusive License or Partially Exclusive Licensing of U.S. Patent Concerning Polymerization of Aromatic Monomers Using Derivatives of Hematin
In accordance with 37 CFR Part 404.6, announcement is made of the availability for licensing of U.S. Patent No. U.S. 7,479,329 entitled ``Polymerization of Aromatic Monomers Using Derivatives of Hematin'' issued January 20, 2009. 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 Thermal Insulation for Articles of Clothing
In accordance with 37 CFR Part 404.6, announcement is made of the availability for licensing of U.S. Patent No. U.S. 7,494,946 entitled ``Thermal Insulation for Articles of Clothing'' issued February 24, 2009. This patent has been assigned to the United States Government as represented by the Secretary of the Army.
Intent To Prepare a Draft and Final Second Supplemental Environmental Impact Statement for Reach 1A on the Herbert Hoover Dike Major Rehabilitation Project, Martin and Palm Beach Counties
The purpose of the project is to reconstruct and rehabilitate Reach 1A of the Herbert Hoover Dike to prevent catastrophic failure of the system to retain the waters of Lake Okeechobee. On July 8 2005, the Jacksonville District, U.S. Army Corps of Engineers (Corps) issued a Final Supplemental Environmental Impact Statement (FSEIS) for the Major Rehabilitation actions proposed for Herbert Hoover Dike (HHD), Reach One. Herbert Hoover Dike is the levee that completely surrounds Lake Okeechobee. On September 23, 2005, a Record of Decision was signed adopting the preferred alternative as the Selected Plan for Reach One. As plans and specifications were developed for Reach 1, it became apparent that the cut-off wall with seepage berm alternative would not work for all of Reach 1. The alternative for Reach 1A will be a combination of one or more of the following features dependent on the geology and adjacent land factors with the cut-off wall: Seepage Berm, Relief Trench, Soil Replacement Wedge, Relief Wells, Drainage Feature and Sand Columns. Reach 1A of the HHD extends for approximately 4.6 miles within Martin and Palm Beach Counties, from the St. Lucie Canal at Port Mayaca, south to the 10A culvert. The final full design of the cutoff wall and landside rehabilitation feature will include lands outside of the existing ROW. Therefore it is necessary to update the July 2005 SEIS for Reach 1A to include these new landside rehabilitation features and any impacts to lands outside of the existing ROW. Two separate draft and final SEIS's will be developed for the four Subreaches: An SEIS for Subreach 1A will be completed first and a second SEIS for Subreaches 1B, 1C, and 1D will be completed when designs (anticipated late 2009) are available. This study is a cooperative effort between the Corps and the South Florida Water Management District (SFWMD).
Notice of Availability for the Final Program Environmental Impact Statement/ Environmental Impact Report for the San Diego Creek Watershed Special Area Management Plan/Watershed Streambed Alteration Agreement Process, Orange County, CA
Pursuant to section 102(2)(c) of the National Environmental Policy Act (NEPA) of 1969 (as amended), the U.S. Army Corps of Engineers, Los Angeles District, Regulatory Division (Corps), in coordination with the California Department of Fish and Game, Habitat Conservation Branch, South Coast Region (Department), has completed a Final Program Environmental Impact Statement/ Environmental Impact Report (EIS/EIR) (Volume IIIEvaluation of and Response to Comments/ Errata) for the Special Area Management Plan/Watershed Streambed Alteration Agreement (SAMP/WSAA) Process for the San Diego Creek Watershed, Orange County, California. The SAMP/WSAA Process establishes alternative permitting procedures for projects within the San Diego Creek Watershed that would alter the bed, bank, or channel of rivers, streams, and lakes and associated riparian habitats under the Department's jurisdiction, and discharge dredged or fill material into waters of the United States subject to the Corps jurisdiction. The SAMP/WSAA Process permitting procedures will improve the Corps and the Department's ability to evaluate such projects, as compared to the process each agency would normally follow in permitting such projects on a case-by-case basis. The SAMP is comprised of the following four elements: an Analytical Framework that characterizes aquatic resource conditions for the San Diego Creek Watershed; modified watershed-specific permitting processes, including watershed-specific and resource-based permitting protocols and a mitigation framework; a Strategic Mitigation Plan that is based upon a riparian ecosystem restoration plan for the Watershed; and a Mitigation Coordination Program to achieve implementation of the Strategic Mitigation Plan and foster a coordinated approach to aquatic resource management in the San Diego Creek Watershed.