Army Department September 2009 – Federal Register Recent Federal Regulation Documents

On September 22, 2008, the U.S. Army Corps of Engineers, Los Angeles District, Regulatory Division (Corps) in coordination with the Los Angeles Harbor Department (LAHD) completed and published the Draft Environmental Impact Statement/Environmental Impact Report (EIS/EIR) for the San Pedro Waterfront Project (Project) in the Port of Los Angeles. The Corps and LAHD considered all comments received in preparing the Final EIS/EIR, which is available for a 30-day review. The Final EIS/ EIR includes a draft general conformity determination (see Section 3.2 and Appendix D.7), pursuant to Section 176(c) of the Clean Air Act. A general conformity determination is necessary because Project construction would require Federal action (i.e., issuance of a Corps permit for activities proposed in and over navigable waters and waters of the U.S.) and not all the Federal action's direct and indirect emissions would be below specified de minimis thresholds (40 CFR 93.153(b)). Pursuant to the general conformity regulations (40 CFR part 93, subpart B), general conformity determinations do not have to be included in the EIS and can be separately noticed, but the draft general conformity determination for the Federal action associated with the Project is being included in the Final EIS/EIR in this case.

In a notice published in the Federal Register on June 9, 2009, (74 FR 27294), comments received from various entities were erroneously omitted. To correct, the remaining comments will be listed below with responses from SDDC. Additionally, a notice published in the Federal Register on July 10, 2009, (74, FR 33219) indicated the effective date was no longer July 9, 2009 and that a new effective date would be announced at a later date. The new effective date is listed below.

East Kentucky Power Cooperative, Inc. (EKPC) has applied for a permit from the U.S. Army Corps of Engineers (Corps) to authorize unavoidable impacts to jurisdictional waters of the U.S. pursuant to Section 404 of the Clean Water Act (Section 404) and Section 10 of the Rivers and Harbors Act (Section 10). EKPC is proposing to construct and operate a 278 megawatt circulating fluidized bed electric generating unit (CFB) and associated infrastructure at the existing J.K. Smith Power Station (the Smith Site) in southern Clark County, Kentucky (Proposed Action). In addition to the CFB unit, other components of the Proposed Action on the Smith Site include: An approximately one-mile, 345 kV electric transmission line; two (2) beneficial reuse structural fills using coal combustion by-products (CCB); two (2) landfills for the on-site disposal of CCB; an emergency drought water storage reservoir; several soil borrow areas for landfill cover and other site development uses; and a new water intake/outfall structure in the Kentucky River.

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.

Announcement is made of the availability for licensing of the invention set forth in U.S. Provisional Patent Application Serial No. 61/045,184 entitled ``Novel Use and Method of Rapamycin to Treat Toxic Shock,'' filed August 5, 2009. The United States Government, as represented by the Secretary of the Army, has rights to this invention.

The Department of the Army announces the general availability of exclusive, partially exclusive or non-exclusive licenses relative to Journal Bearing Analysis Suite computer modeling code. See this link for a description of the suite and its capabilities: https:// www.grc.nasa.gov/WWW/SurfSci/JournalBearings/main-text.html. Any license shall comply with 35 U.S.C. 209 and 37 CFR 404.

In accordance with section 105(h) of the Estuary Restoration Act of 2000, as amended (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.

The Department of the Army announces the availability of an FEIS for the implementation of the decision to increase numbers and types of aviation assets and training at Fort Wainwright, Fort Richardson, or other military installations in Alaska. The proposed aviation unit, an Aviation Task Force or Combat Aviation Brigade, would potentially consist of up to 62 medium and heavy lift helicopters, 30 combat scout helicopters, 24 attack helicopters, and between 1,200 to 2,850 Soldiers.

The Department of the Army announces the availability of the DEIS, which evaluates the potential environmental and socioeconomic impacts of BRAC actions at Fort Monroe, Virginia.

The U.S. Army Corps of Engineers (USACE), along with its local sponsor the Louisiana Office of Coastal Protection and Restoration, intends to prepare a supplemental environmental impact statement (SEIS) for the Louisiana Coastal Area (LCA)Louisiana, Maintain Land Bridge between Caillou Lake and the Gulf of Mexico restoration project. This restoration project will examine measures to increase the stability of the land bridge separating Caillou (Sister) Lake from the Gulf of Mexico. This SEIS will tier from the programmatic EIS for the Louisiana Coastal Area (LCA)Louisiana, Ecosystem Restoration Study, November 2004. The Record of Decision for the programmatic EIS was signed on November 18, 2005.

The U.S. Army Corps of Engineers (USACE), along with its local sponsor the Louisiana Office of Coastal Protection and Restoration, intends to prepare a supplemental environmental impact statement (SEIS) for the Louisiana Coastal Area (LCA)Louisiana, Stabilize Gulf Shoreline at Point Au Fer Island restoration project. This restoration project will examine measures to increase the stability of the Gulf of Mexico shoreline on Point Au Fer Island. This SEIS will be tiered off of the programmatic EIS for the Louisiana Coastal Area (LCA)Louisiana, Ecosystem Restoration Study, November 2004. The Record of Decision for the programmatic EIS was signed on November 18, 2005.

The Department of the Army announces the availability of the ROD that implements MCOE actions at Fort Benning including construction, operation and maintenance of proposed operational facilities, training areas (including ranges and maneuver areas), and infrastructure to accommodate the consolidated Armor and Infantry missions of the MCOE and the increase in military personnel and students due to Army growth.