Army Department – Federal Register Recent Federal Regulation Documents

The Jacksonville District, U.S. Army Corps of Engineers hereby cancels its Notice of Intent to prepare a Draft Environmental Impact Statement as published in FR, Vol. 66, No. 105, Pages 29557 and 29558, May 31, 2001.

The Sierra Vista Landowner Group proposes to implement a large-scale, mixed-use, mixed-density master planned community with residential, commercial, office, public/quasi-public, and open space land uses, and parks. The Sierra Vista Specific Plan would include approximately 1,148 acres of residential uses; 281 acres of commercial, office, and commercial-mixed uses; 162 acres of parks and paseos; 83 acres of public/quasi-public land uses; 31 acres of urban reserve; and 190 acres of roadways and landscape corridors. The Specific Plan would also include 244 acres of open space; of these, 38 acres would be graded as part of the project and the remaining 206 acres would be preservation areas. The Specific Plan would include 9,995 dwelling units (in a mix of low, medium, and high densities) and approximately 2,419,113 square feet of retail and office uses. The project would also provide four elementary schools, one middle school, and a fire station. The proposed project is expected to generate about 25,219 new residents and 5,821 jobs. It is anticipated that construction would begin in spring 2010. The duration of construction would depend on market conditions; full buildout would likely be completed within 20 years from construction commencement. The proposed project site is approximately 2,138 acres and contains 51.87 acres of waters of the United States. The project, as proposed, would result in direct impacts to approximately 37.74 acres of waters of the United States. These acreages do not include indirect impacts from the proposed action or impacts anticipated to result from offsite infrastructure that may be determined to be required as part of the project through the Environmental Impact Statement (EIS) process.

The purpose of the study is to evaluate approximately a 16- mile reach of the Santa Ana River along the southern boundary of the City of San Bernardino and the northern boundary of the City of Redlands located in San Bernardino County, CA. The focus will be on watershed improvements by developing alternatives for ecosystem restoration, and incorporating flood risk management features in some areas in downtown San Bernardino and Redlands. The restoration project will concentrate on revitalization of the riparian vegetation community; establish environmental corridor to benefit wildlife and sensitive species; and address flood risk management uses. The portion of the Santa Ana River to be studied is located entirely within San Bernardino County, CA.

In accordance with the National Environmental Policy Act (NEPA), the U.S. Army Corps of Engineers (Corps), San Francisco District, the Port of Stockton, and the Contra Costa County Water Agency are preparing an Environmental Impact Statement/Environmental Impact Report (EIS/EIR) to evaluate the efficiency of the movement of goods along the existing deep draft navigation route extending from the San Francisco Bay to the Port of Stockton. The proposed action consists of altering the depth of the deep draft navigation route. The authority for the San Francisco Bay to Stockton Navigation Improvement Project was provided under House Document 208, House Report 89-973 cited in Section 301 of the Rivers and Harbors Act of 1965, Pub. L. 89-298, Sec. 204, 79 Stat. 1073. This is a notice of intent to prepare an EIS/ EIR, and to consider all reasonable alternatives, evaluate potential impacts of the proposed action, and identify appropriate mitigation measures.

The Army intends to prepare an SPEIS in order to evaluate the relative environmental and socioeconomic impacts of support operations growth in the Pacific Theater as it transforms and aligns its forces to address existing capabilities shortfalls. As part of Army growth, this evaluation will be conducted to supplement the analysis and decisions that were included in the PEIS for Grow the Army (for continental U.S. (CONUS) locations), which was completed in January 2008. The Army will use the SPEIS analysis to evaluate and compare the environmental and socioeconomic impacts of alternatives for implementing its Proposed Action. The Army's Proposed Action is to grow, realign, and transform its forces to support operations in the Pacific Theater and to ensure the proper capabilities exist to sustain operations in promoting global and national security now and into the foreseeable future. The implementation of the Proposed Action is needed to better meet military operational and national security requirements and the needs of the Army's Soldiers and their Families. The SPEIS will assess the capacity of Army installations and their ability to accommodate new units as part of Army growth and force structure realignment to support operations in the Pacific Theater. Alternatives in the SPEIS could include stationing of additional Combat Support (CS) or Combat Service Support (CSS) units or new support brigades. The following alternatives will be analyzed in the SPEIS: (1) Grow, transform, and realign forces by stationing approximately 5,000 additional CS/CSS Soldiers in reasonable locations that support operations in the Pacific Theater; (2) Grow, transform, and realign forces by stationing approximately 7,500 additional CS/CSS Soldiers in reasonable locations that support operations in the Pacific Theater and (3) Grow, transform, and realign forces by stationing approximately 10,000 additional CS/CSS Soldiers in reasonable locations that support operations in the Pacific Theater. The SPEIS will evaluate different stationing scenarios in reasonable locations, which may include Army installations in the CONUS, Hawaii and Alaska with the capability to support operations in the Pacific Theater. In addition to the above alternatives, the No Action Alternative will be considered and used as a baseline for comparison of alternatives. The No Action Alternative is to retain the U. S. Army forces in the Pacific in their current end strength and force structure. The No Action Alternative includes those stationing decisions which have already been made to include stationing actions directed by Base Realignment and Closure legislation in 2005, Army Global Defense Posture Realignment, and Army Modular Forces initiatives. The No Action Alternative is not a viable means for meeting the current and future strategic security and defense requirements of the nation. The SPEIS will analyze the Proposed Action's impacts upon the natural, cultural, and man-made environments at those stationing locations which are capable of supporting the needs of the Army and its Soldiers and Families. Viable alternatives include those stationing locations that are able to meet Army unit requirements for training ranges and maneuver space, housing and office space, maintenance and vehicle parking, and Soldier and Family quality of life (e.g., schools, gyms, medical facilities). In addition, viable alternatives must meet the operational mission requirements of the Pacific Command (PACOM).

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 Planning, South Coast Region (Department), has completed a Draft Program Environmental Impact Statement/Environmental Impact Report (EIS/EIR) for the San Diego Creek Watershed Special Area Management Plan (SAMP)/ Watershed Streambed Alteration Agreement (WSAA) Process. The San Diego Creek Watershed SAMP is a plan, which is comprised of the following elements: an Analytical Framework for Corps and Department decisionmaking; modified, watershed-specific permitting processes, including watershed- and resource-based permitting protocols and a mitigation framework for the Corps and the Department; a Strategic Mitigation Plan, which is based upon a riparian ecosystem restoration plan; a Mitigation Coordination Program to achieve implementation of the Strategic Mitigation Plan and foster a coordinated approach to aquatic resource management in the Watershed; and an implementation plan for the SAMP. The SAMP establishes alternative (aquatic resource- based and watershed-specific) permitting procedures for projects within the San Diego Creek Watershed that will 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 permitting procedures will improve the capacity of the Corps and the Department to evaluate such projects, as compared to the process each agency would normally follow in permitting such projects on a case-by-case basis.

In accordance with 37 CFR 404.6, announcement is made of the availability for licensing of U.S. Patent No. U.S. 7,298,244 entitled ``NBC Marker Light'' issued November 20, 2007. This patent has been assigned to the United States Government as represented by the Secretary of the Army.

The action being taken is the preparation of an environmental impact statement (EIS) for the American River Common Features General Reevaluation Report (GRR). The Common Features Project GRR will re- evaluate the currently authorized plan as well as develop and evaluate other viable alternatives, including a locally-preferred plan, with the goal of identifying a comprehensive plan that will lower the risk of flooding in and around the City of Sacramento. The Common Features Project GRR is located in Sacramento, Sutter and Yolo Counties, CA.

In accordance with 37 CFR 404.4, 404.6 and 404.7, announcement is made of the availability for licensing of the invention described in U.S. Provisional Patent Application No. 60/853,906 entitled ``Identification of Staphylococcal Enterotoxin-B (SEB) Sequences Involved in Cell Proliferation and Cell Death,'' filed October 24, 2006. Foreign rights are also available (PCT/US2007/022473). The United States Government, as represented by the Secretary of the Army, has rights in this invention.

The U.S. Army Corps of Engineers (Corps), Mobile District, intends to prepare an update and revision of the water control manuals for the Apalachicola-Chattahoochee-Flint (ACF) River Basin. Concurrent with that revision, a Draft Environmental Impact Statement (EIS) will be prepared, as required by the National Environmental Policy Act (NEPA). The Draft EIS will address updated operating criteria and guidelines for managing the water storage and release actions of agency water managers and associated environmental impacts.

In accordance with 37 CFR 404.4, 404.6 and 404.7, announcement is made of the availability for licensing of the invention described in U.S. Provisional Patent Application No. 60/786,527 entitled ``Treatment of Ischemia-Reperfusion Injury with Lipid, Annexin, and Lipid-Annexin Complexes,'' filed March 27, 2006. Foreign rights are also available (PCT/US2007/065125). The United States Government, as represented by the Secretary of the Army, has rights in this invention.

Under the provisions of the Federal Advisory Committee Act of 1972 (5 U.S.C., Appendix, as amended), the Government in the Sunshine Act of 1976 (5 U.S.C. 552b, as amended), and 41 CFR 102-3.150, the Department of Defense announces that the following Federal advisory committee meeting will take place: 1. Name of Committee: United States Military Academy Board of Visitors. 2. Date: Wednesday, February 27, 2008. 3. Time: 1 p.m.-4 p.m. Members of the public wishing to attend the meeting will need to show photo identification in order to gain access to the meeting location. All participants are subject to security screening. 4. Location: Rayburn House Office Building, Washington, DC 20515 (exact room location is to be determined and will be published prior to February 27, 2008). 5. Purpose of the Meeting: This is the 2008 Organizational Meeting of the USMA Board of Visitors (BoV). Members of the Board will be provided updates on Academy issues. 6. Agenda: The Academy leadership will provide the Board updates on the following: Accreditation, United States Military Academy Preparatory School (USMAPS) move to West Point, Gender Relations, The Academy Campaign Plan, Infrastructure, Residential Communities Initiative (RCI), Resource Update, Class Composition Goals, and Cadet Surveys. The Board will discuss proposed meeting dates for the 2008 Summer and Fall meetings, and will hold elections for the 2008 Chairperson and Vice-Chairperson. 7. Public's Accessibility to the Meeting: Pursuant to 5 U.S.C. 552b and 41 CFR 102-3.140 through 102-3.165, and the availability of space, this meeting is open to the public. Seating is on a first-come basis. 8. Committee's Designated Federal Officer or Point of Contact: Ms. Cynthia Kramer, (845) 938-5078, Cynthia.kramer@us.army.mil.

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. 6,704,460 entitled ``Remote mosaic imaging system having high-resolution, wide field-of-view and low bandwidth,'' issued on March 9, 2004. The United States Government, as represented by the Secretary of the Army, has rights in this invention.

The Army Review Boards Agency (ARBA) is amending A0015-185 SFMR systems of records notice in its existing inventory of record systems subject to the Privacy Act of 1974, (5 U.S.C. 552a), as amended.

Wisconsin Power and Light Company (WPL) has applied to the St. Paul District, Corps of Engineers (Corps) for a permit to conduct work below the ordinary high water mark of the Mississippi River, a navigable water of the U.S., and to discharge dredged or fill material into waters of the U.S. to facilitate the construction and operation of a 300 megawatt (MW) baseload coal-fired electric generating unit, referred to as NED 3, near Cassville in Grant County, WI. Specifically, the WPL is proposing an atmospheric circulating fluidized bed boiler and steam turbine generator unit at a site adjacent to the existing Nelson Dewey Generating Station (NED) Units 1 and 2 on the Mississippi River at River Mile 607.7. In addition to the new power generating unit, the following associated facilities would be constructed and operated: A new lateral collector well to supply cooling water; additional barge unloading capacity including three additional barge moorings in the Mississippi River, a new barge unloading tower foundation, and a temporary equipment barge unloading ramp; a new storm water detention pond and pipe outfall structure; 1.7-mile-long off-site parallel industrial railroad tracks, including a sheet pile retaining wall, adjacent to the existing BNSF railroad mainline tracks; new railroad bridges over two creeks for the off-site parallel industrial railroad tracks; and two new coal pile runoff ponds to replace the existing coal pile runoff pond adjacent to the railroad tracks. The project would require the discharge of dredged or fill material into the Mississippi River and two creeks that are tributaries to the Mississippi River. The Mississippi River is a navigable water of the U.S. The discharge of dredged or fill material into waters of the U.S. requires a permit issued by the Corps under Section 404 of the Clean Water Act. Construction work conducted below the ordinary high water mark of a navigable water of the U.S. requires a permit issued by the Corps under Section 10 of the Rivers and Harbors Act. The final environmental impact statement will be used as a basis for the permit decision and to ensure compliance with the National Environmental Policy Act (NEPA).

The U.S. Army Corps of Engineers, Galveston District announces the release of the Final Environmental Impact Statement (FEIS) and the public comment period, and the availability of the Final General Conformity Determination for the Brazos River Harbor Navigation District's (Port of Freeport) proposed widening of the Freeport Harbor Ship Channel.

In accordance with 37 CFR 404.6, announcement is made of the availability for licensing of U.S. Patent No. U.S. 7,309,582 entitled ``Polymer-Template Complex Produced by Enzymatic Polymerization'' issued December 18, 2007. This patent has been assigned to the United States Government as represented by the Secretary of the Army.

The Department of the Army announces the availability of the Record of Decision (ROD) for Army Growth and Force Structure Realignment. This ROD announces the Army's decisions for growing and realigning U.S. Army forces within the Continental United States (CONUS). Pursuant to the National Environmental Policy Act (NEPA), the Department of the Army prepared a Programmatic Environmental Impact Statement (PEIS) that evaluated the potential environmental and socio- economic effects associated with alternatives for Army growth and realignment. In the Final PEIS, which was published on 26 OCT, 2007, the Army identified Alternative Three as the preferred alternative. The Record of Decision explains that the Army will proceed with its preferred alternative, Alternative Three. This alternative best supports Army Modular Transformation; implements Global Defense Posture Realignment (GDPR) decisions; adds the necessary Combat Support and Combat Service Support Soldiers to the Active and Reserve components of the Army; and grows the Army by six Active component Brigade Combat Teams (BCTs) and fifteen Active and Reserve component support brigades. Each of the BCTs will be Infantry BCTs. In addition, the PEIS analysis was used to relocate a Maneuver Enhancement Brigade (MEB) headquarters and two Heavy Brigade Combat Teams (HBCTs). The HBCTs will be activated in Germany and retained until FY12 and FY13 before returning to the United States. A return of these BCTs to the United States is not a part of previous decisions to implement Base Realignment and Closure (BRAC) 2005. This decision and analysis within this PEIS do not include BRAC 2005 stationing actions, which are considered part of the baseline condition for analysis. This decision will result in a total growth in Army forces by approximately 74,200 Soldiers, and will realign forces to improve readiness and responsiveness to meet future challenges.

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 Harbors Act, from the Town of North Topsail Beach to nourish approximately 11.1 miles of beachfront to protect residential homes and town infrastructures, to reposition the New River Inlet channel, and to implement an inlet management plan to control the positioning of the new inlet channel, and to conduct periodic renourishment events. The new channel will be centrally located and the proposal will be to maintain that position, which essentially will be located perpendicular to the adjacent shorelines of North Topsail Beach and Onslow Beach. The proposed source of the material for the nourishment will be dredged from an offshore borrow area and from the repositioning of the inlet. The projected amount of material needed to nourish the oceanfront shoreline is approximately 3.21 million cubic yards. The placement of beach fill along the Town's shoreline would result in the initial widening of the beach by 50 to 100 feet. The widened beach would be maintained through a program of periodic beach nourishment events with the material extracted from the New River Inlet; and if necessary, supplemental materials from the offshore borrow area. All work will be accomplished using a hydraulic dredge. The proposed project construction will be conducted in a five phase approach to correspond with the Town's anticipated annual generation of funds. The ocean shoreline of the Town of North Topsail Beach encompasses approximately 11.1 miles along the northern end of Topsail Island. Of the 11.1 miles, approximately 7.25-miles of the shoreline in the project area, with the exception of two small areas, is located within the Coastal Barrier Resource System (CBRS), which prohibits the expenditure of Federal funds that would encourage development. The channel through New River Inlet has been maintained by the COE for commercial and recreational boating interest for over 55 years. The COE is authorized to maintain the channel in the inlet to a depth of 6 feet mean low water (mlw) over a width of 90 feet.

The Corps issued RGL 07-02 to further explain the regulatory exemptions for construction or maintenance of irrigation ditches and maintenance of drainage ditches consistent with Section 404(f) of the CWA (33 U.S.C. 1251 et seq.) and implementing regulations. Specifically, the RGL clarifies when Section 404(f) exempts from permitting requirements discharges of dredged or fill material into waters of the United States associated with the construction and maintenance of irrigation ditches and maintenance of drainage ditches. The RGL also clarifies how certain terms in the regulations at 33 CFR 323.4 are applied in the context of the Sections 404(f) exemptions, including irrigation ditch, drainage ditch, construction, and maintenance. In addition, the guidance provides a framework for determining the applicability of the exemptions and the recapture provision, consistent with the CWA and implementing regulations. This RGL was effective July 4, 2007.