Department of the Army, Corps of Engineers 2016 – Federal Register Recent Federal Regulation Documents

The U.S. Air Force has requested that the U.S. Army Corps of Engineers (Corps) disestablish the existing danger zone located in the Bering Sea near Shemya Island, Alaska. The danger zone was established on September 28, 1971. The purpose of the danger zone was to protect persons and property from dangers encountered in the area associated with the launching of weather rockets. The facility has not been used for this activity since the mid-1980s. As a result of the discontinued use of this area, the Air Force has requested the danger zone be disestablished. In the ``Rules and Regulations'' section of Federal Register, we are publishing the restricted area disestablishment as a direct final rule without prior proposal because we view this as a non- controversial adjustment to our restricted area regulations and anticipate no adverse comment. We have explained our reasons for this approval in the preamble to the direct final rule. If we receive no adverse comment, we will not take further action on this rule and it will go into effect. If we receive adverse comment, we will withdraw the direct final rule and it will not take effect. We will address all public comments in a subsequent final rule based on this proposed rule. We will not institute a second comment period on this action. Any parties interested in commenting must do so at this time.

The U.S. Army Corps of Engineers is publishing a Final Deauthorization Report of water resources development projects and separable elements that have been identified for deauthorization in accordance with section 6001(d) of the Water Resources Reform and Development Act of 2014, Public Law 113-121, 128 STAT. 1346-1347 (WRRDA 2014). The Assistant Secretary of the Army for Civil Works transmitted the Final Deauthorization Report to Congress on February 26, 2016. An electronic copy of the complete report is available at: https:// www.usace.army.mil/Portals/2/docs/civilworks/budget/ final_deauth_report_23feb2016.pdf.

In accordance with the National Environmental Policy Act (NEPA), the U.S. Army Corps of Engineers (USACE) 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. This Notice of Intent (NOI) represents a supplemental notice to the March 12, 2008, NOI released for the San Francisco Bay to Stockton Navigation Improvement Study. This supplemental NOI also provides an update to the description of the study and discusses current phasing of the project. Because of the amount of time that has passed since 2008, this supplemental NOI is being released to notify the public that work will begin on an EIS/EIR, which is anticipated to be issued for public review in 2016. This NOI also re-opens the public scoping period. The 2008 NOI discussed the project as a single navigation improvement study/project, proposing to deepen the John F. Baldwin channel from the West Richmond Channel to New York Slough Channel to a maximum depth of -45 feet mean lower low water (MLLW) and the Stockton Deep Water Ship Channel to a maximum depth of -40 feet MLLW. The forthcoming EIS/EIR proposes to reevaluate the unconstructed portions of the original project described in the 1965 Chief of Engineers Report (House Document 89-208) and authorized by the Rivers and Harbors Act of 1965 (Public Law 89-298), which will be referred to in the EIS/EIR as Phase I (or the proposed project). Additional study authority exists for the entire channel from San Francisco Bay to Stockton, provided by the 2014 United States Senate Committee on Environment and Public Works Committee Resolution and specifying ``navigation, ecosystem restoration, flood risk reduction, and other water related resource purposes.'' This additional study authority will be discussed programmatically in the EIS/EIR. The study area for the overall project consists of two reaches: The Western Reach and Eastern Reach. The Western Reach extends from Central San Francisco Bay to Avon and includes the West Richmond Channel, Pinole Shoal Channel, and Bulls Head Reach portion of the Suisun Bay Channel. The Eastern Reach extends from Avon to the Port of Stockton and includes the remaining portions of the Suisun Bay Channel (east of Avon), New York Slough Channel, and the Stockton Deep Water Ship Channel. The Western Reach is authorized to a depth of -45 feet mean lower low water (MLLW), but is currently maintained to -35 feet MLLW. Additional deepening of the Eastern Reach requires separate Congressional authorization for construction. The forthcoming EIS/EIR for which this NOI is prepared proposes to separate the overall project into two separate phases (Phase I and Phase II) under a navigation improvement programmatic analysis. Under the programmatic analysis, two reaches and two phases are identified. Phase I of the study is a single purpose navigation improvement project to evaluate incremental deepening to a maximum depth of -40 feet MLLW in the Western Reach. Phase II is a subsequent multipurpose navigation and ecosystem restoration study that would evaluate deepening the Eastern Reach to a maximum depth of -40 feet MLLW. Phase II will also revisit if further deepening of Western Reach up to its authorized depth of -45 feet MLLW is warranted. The Eastern Reach is maintained at its authorized depth of -35 feet MLLW, and any additional deepening in this reach will require a new project authorization through a subsequent Water Resources Development Act (WRDA). The EIS/EIR will include both a project-level feasibility analysis for implementation of Phase I and a programmatic-level analysis for Phase II. Analysis of Phase II will be conducted using only existing information (i.e., additional studies or data collection will not be conducted). Additional project-level feasibility analysis of Phase II will require execution of a separate Feasibility Cost Sharing Agreement with the local sponsor and pending receipt of federal study funds.

In accordance with 37 CFR 404.7(a)(1)(i), announcement is made of a prospective exclusive license of the following U.S. Patent Application 11/407,216 Filed April 20, 2006 to Byung J. Kim for use of the Digital Optical Method (DOM\TM\) to quantify the opacity of fluids from digital photos.

The Department of the Army is publishing this notice to announce the following Federal advisory committee meeting of the U.S. Army Corps of Engineers, Inland Waterways Users Board (Board). This meeting is open to the public. For additional information about the Board, please visit the committee's Web site at https:// www.iwr.usace.army.mil/Missions/Navigation/ InlandWaterwaysUsersBoard.aspx.

The Alaska District, U.S. Army Corps of Engineers (Corps) intends to prepare an Environmental Impact Statement (EIS) to identify and analyze the potential impacts associated with the development of the Alpine C and Nanushuk reservoirs, including construction and operation of the proposed project. The Corps will be evaluating a permit application for work under Section 10 of the Rivers and Harbors Act and section 404 of the Clean Water Act. The EIS will be used to support the permit decision in compliance with the National Environmental Policy Act (NEPA).

The U.S. Army Corps of Engineers (USACE) is providing notification of public meetings to obtain comment on the Draft EIS noted above to facilitate compliance with, in part, the National Environmental Policy Act of 1969. The Bureau of Land Management (BLM) is providing notification of Alaska National Interest Lands Conservation Act (ANILCA) Section 810 Hearings related to the preliminary ANILCA 810 Findings contained in the above Draft EIS. Section 810 of the Alaska National Interest Lands Conservation Act requires the BLM to evaluate the effects of plans presented in this Draft EIS on subsistence activities in the area of the proposed action and its alternatives, and to hold public hearings if it finds that any alternative may significantly restrict subsistence activities. The analysis of environmental consequences indicates the proposed action may significantly restrict subsistence in some portions of the proposed project area. Therefore, the BLM is holding public hearings on potential subsistence impacts in conjunction with the public meetings discussed below. BLM's preliminary ANILCA 810 Findings are contained in Appendix N of the Draft EIS.

The Los Angeles District intends to prepare an Environmental Impact Statement (EIS) to support a cost-shared feasibility study with the Port of Long Beach, California, for navigation improvements to existing navigation channels within the Port. The purpose of the feasibility study is to provide safe, reliable, and efficient waterborne transportation improvements to the Port of Long Beach. The EIS will analyze potential impacts of the recommended plan and a range of alternatives for navigation improvements. Alternatives will include both structural and non-structural measures.