Federal Register / Vol. 69, No. 227 / Friday, November 26, 2004 / Notices 68887

York District, 26 Federal Plaza, Room 

2146, New York, NY 10278–0090

FOR FURTHER INFORMATION CONTACT:

Bonnie Hulkower, Planning Division—

Environmental Branch, at (212) 264–

5798 or 

bonnie.hulkower@usace.army.mil.

SUPPLEMENTARY INFORMATION: The 

previous Notice of Intent, (69 FR 67711) 

published in the Federal Register on 

Friday, November 19, 2004, was sent 

out in error. This Notice of Availability 

officially begins a 45-day comment 

period. Please disregard the previous 

notice. 

The purpose of this DEIS is to analyze 

significant issues and information 

relevant to environmental concerns 

regarding the proposed deepening and 

alternative actions at Athens, NY. The 

project is a modification to the Hudson 

River to Waterford project, authorized 

and directed by Section 110 of the 

Energy and Water Development 

Appropriations Act of 1997 (Pub. L. 

104–206). 

Deepening the Athens Navigation 

Channel to –24 ft MLW would allow 

safe and efficient passage of barges to 

commercial terminals along the 

waterfront at Athens. The plan entails 

deepening of the Athens Navigation 

Channel from its confluence with the 

Hudson Federal Channel north to the 

north dock at Union Street, Athens, NY. 

Currently, the barges entering the 

western portion of the Hudson River 

from the Federal Channel into the 

terminals at Athens cannot be fully 

loaded due to insufficient channel 

depth. The project also supports the 

Village of Athens Waterfront 

Revitalization Program. 

Based upon information presently 

available, the USACE-New York District 

estimates that construction of the 

project to –24 ft MLW plus a 2-ft 

allowance for dredging tolerance would 

excavate approximately 935,000 cubic 

yards of clean unconsolidated 

sediments from the channel. The 

recommended plan is to beneficially use 

suitable dredge material to enhance or 

restore fisheries habitat and place the 

remaining excavated dredge material 

approximately 15 miles up river from 

Athens, on the southern portion of 

Houghtaling Island, the USACE 

maintenance dredge material placement 

site for projects in the Albany area. 

The purpose of this DEIS is to analyze 

significant issues and information 

relevant to environmental concerns 

bearing on the proposed action or its 

anticipated impacts. The analysis 

indicates that short-term adverse 

environmental impacts, such as removal 

of benthic invertebrates in the dredged 

area, would be balanced by long-term 

beneficial impacts, such as 

contributions to the revitalization of the 

Athens waterfront. 

Biological monitoring will be 

coordinated with the U.S. Fish and 

Wildlife, the National Marine Fisheries 

Service, and the New York State 

Department of Environmental 

Conservation. All activity associated 

with the project would be undertaken in 

a way to minimize adverse impacts to 

sensitive habitats and threatened and 

endangered species, and adjacent 

shorelines, as well as to minimize 

cumulative impacts. 

A 404(b)(1) evaluation has been 

prepared for the project and is included 

in the DEIS. The proposed action and 

alternatives do not represent a 

significant threat of degradation to the 

aquatic environment, and are in 

compliance with the 404(b)(1) 

Guidelines. 

A Public Scoping Meeting was held in 

May 2002 and the results were collected 

in a Public Scoping Document. Results 

from public and agency scoping 

coordination are addressed in the DEIS. 

Copies of the DEIS are also available at 

the Hudson Area Associated Library, 

400 State Street, Hudson, NY 12534.

Brenda S. Bowen, 

Army Federal Register Liaison Officer.

[FR Doc. 04–26140 Filed 11–24–04; 8:45 am] 

BILLING CODE 3710–06–M

DEPARTMENT OF DEFENSE

Department of the Army; Corps of 

Engineers 

Intent To Prepare an Environmental 

Impact Statement for the Chesapeake 

Bay Native Oyster Recovery Project, 

Maryland

AGENCY: Department of the Army, U.S. 

Army Corps of Engineers, DOD.

ACTION: Notice of intent.

SUMMARY: In accordance with the 

National Environmental Policy Act 

(NEPA), the U.S. Army Corps of 

Engineers (Corps), Baltimore District, is 

preparing a Draft Environmental Impact 

Statement (DEIS) for the upper 

Chesapeake Bay waters. This DEIS is a 

part of the 10 year plan for the 

Chesapeake Bay native oyster recovery 

project in cooperation with the 

Maryland Department of Natural 

Resources as the local sponsor. The 

feasibility study will include the final 

EIS.

ADDRESSES: Questions and comments 

about the meetings, feasibility study, 

and/or EIS can be addressed to Ms. Jean 

Kapusnick, Baltimore District, U.S. 

Army Corps of Engineers, ATTN: 

CENAB–PL–P, P.O. Box 1715, 

Baltimore, Maryland, 21203–1715. Email address: 

jean.a.kapusnick@usace.army.mil.

Please include your name and address 

in your message. 

The U.S. Army Corps of Engineers, 

Norfolk District will address activities 

in Virginia waters. Please contact Mr. 

Mark Mansfield, U.S. Army Corps of 

Engineers, 803 Front Street, Norfolk, VA 

23510–1096. E-mail: 

Mark.T.Mansfield@usace.army.mil.

Phone: 757–441–7500.

FOR FURTHER INFORMATION CONTACT: Ms. 

Jean Kapusnick, phone: (410) 962–4417 

or (800) 295–1610.

SUPPLEMENTARY INFORMATION: Previously 

performed oyster restoration activities 

by the Baltimore District include the: 

creation of new oyster bars and 

rehabilitation of existing non-productive 

bars; construction of seed bars for 

production and collection of seed 

oysters or ‘‘spat’’; planting of hatcheryproduced and seed bar spat on new and 

rehabilitated bars;a nd monitoring of 

implemented projects. The actions 

considered in the forthcoming oyster 

recovery study and DEIS may include 

those actions or other actions that are 

considered feasible to reach the projects 

restoration goals. 

The decision to implement actions 

will be based on an evaluation of the 

probable impact of the proposed 

activities on the public interest. That 

decision will reflect the national 

concern for both protection and 

utilization of important resources. The 

benefit, which reasonably may be 

expected to accrue from the proposal, 

will be balanced against its reasonablyt 

foreseeable costs and impacts. The 

Baltimore District is preparing a DEIS, 

which will describe the impacts of the 

proposed projects on environmental and 

cultural resources in the study area and 

on the overall public interest. The DEIS 

will be prepared in accordance with 

NEPA and will document all factors that 

may be relevant to the proposal, 

including the cumulative effects therof. 

Among these factors are habitat 

restoration, channel and erosion control, 

improvements to water quality, storm 

water management, conservation, 

economics, energy needs, general 

environmental concerns, fish and 

wildlife values, wetlands, historic and 

cultural values, navigation, shoreline 

erosion and accretion, flood hazards, 

flood plain values, land use, recreation, 

safety, food production, and, in general, 

the needs and welfare of the people. the 

work will not be accomplished unless it 

68888 Federal Register / Vol. 69, No. 227 / Friday, November 26, 2004 / Notices 

is found to be in the public interests. If 

applicable, the DEIS will comply with 

the U.S. Environmental Protection 

Agency’s Guidelines fo the Specification 

of Disposal Sites for Dredged or Fill 

Material issued under the authority of 

Seciton 404(b)(1) of the Clean Water Act 

of 1977 (Pub. L. 95–217). 

Public involvement activities for the 

study will include coordination with 

interested private individuals and 

organizations, as well as with concerned 

Federal, state and local agencies. 

Coordination letters and newsletters 

will be sent to appropriate agencies, 

organizations, and individuals on an 

extensive mailing list. Additional public 

information will be provided through 

printed media, mailings, radio and 

television announcements. Public 

scoping meetings will be held in 

January 2005. Further information 

concerning dates and locations will be 

distributed at a later date. 

In addition to the Corps, other 

participants that will be involved in the 

study and DEIS process include the 

following: Maryland Department of 

Natural Resources, National Oceanic 

and Atmospheric Administration 

(NOAA), EPA Region III, EPA 

Chesapeake Bay Program, U.S. Fish and 

Wildlife Service, national Marine 

Fisheries Service, Maryland Department 

of the Environment, Maryland Historical 

Trust, the Maryland Oyster Roundtable, 

and the oyster Recovery Partnership. 

The Baltimore District invites 

potentially affected Federal, State, and 

local agencies, and other organizations 

and entities to participate in this study. 

The DEIS will be prepared in 

accordance with 91) The National 

Environmental Policy Act (NEPA) of 

1969, as amended (42 U.S.C. 4321 et 

seq.), (2) regulations of the Council on 

Environmental Quality for 

implementing the procedural provisions 

of NEPA (40 CFR parts 1500–1508), and 

(3) USACE regulations implementing 

NEPA (ER–200–2–2).

Jean Kapusnick, 

Study Manager.

[FR Doc. 04–26136 Filed 11–24–04; 8:45 am] 

BILLING CODE 3710–41–M

DEPARTMENT OF DEFENSE

Department of the Army; Corps of 

Engineers 

Grant of Partially Exclusive Licenses

AGENCY: Department of the Army, U.S. 

Corps of Engineers, DoD.

ACTION: Notice.

SUMMARY: The Department of the Army, 

U.S. Army Corps of Engineers, 

announces the general availability of 

partially exclusive licenses under the 

following pending patents listed under 

SUPPLEMENTARY INFORMATION. Any 

license granted shall comply with 35 

U.S.C. 209 and 37 CFR part 404.

DATES: Applications for an exclusive or 

partially exclusive license may be 

submitted at any time from the date of 

this notice. However, no exclusive or 

partially exclusive license shall be 

granted until February 24, 2005.

ADDRESSES: Humphreys Engineer Center 

Support Activity, Office of Counsel, 

7701 Telegraph Road, Alexandria, VA 

22315–3860.

FOR FURTHER INFORMATION CONTACT:

Patricia L. Howland (703) 428–6672.

SUPPLEMENTARY INFORMATION: 1. Title:

Corrosion-Resistant Structure 

Incorporating Zinc or Zinc-Alloy Plated 

Lead or Lead-Alloy Wires and Methods 

of Making Same. Structure 

incorporating lead is fabricated from 

specially prepared components such 

that mobility of the lead is impeded 

when the structure is exposed to an 

unprotected environment such as 

weathering outdoors or saltwater. In a 

preferred embodiment, a bullet or bullet 

core is swaged from a number of 

bunched electroplated fine lead or leadalloy wires placed in a die. The lead or 

lead-alloy wires may be fabricated from 

lead or lead-alloy wool. The lead alloy 

may comprise zinc and antimony. The 

electroplating process plates zinc on the 

fine wires and may plate a zinc alloy 

such as zinc-aluminum. The plated 

surface may be coated with a corrosion 

resistant coating such as molybdenum 

phosphate. In addition to bullets and 

bullet cores, fishing weights, lead 

shielding, counterweights, ballast, and 

other lead containing structure may be 

fabricated or treated using methods and 

materials of the present invention. 

Serial No.: 10/462,707. 

Date: 6/17/2003.

2. Title: Deconvolution Technique 

Employing Hermite Functions. A 

procedure generates deconvolution 

algorithms by first solving a general 

convolution integral exactly. Results are 

transformed, yielding a linear 

relationship between actual 

(undistorted) and captured (distorted) 

data. Hermite functions and the FourierHermite series represent the two data 

classes. It circumvents the need for 

solving incompatible systems of linear 

equations derived from ‘‘numerically 

discretizing’’ convolution integrals, i.e., 

the convolution integral is not 

evaluated. It is executed by exploiting a 

mathematical coincidence that the most 

common Point spread Function (PSF) 

used to characterize a device is a 

Gaussian function that is also a FourierHermite function of zero order. By 

expanding the undistorted data in a 

Fourier-Hermiteh series, the 

convolution integral becomes 

analytically integrable. It also avoids an 

inherent problem of dividing by decimal 

‘‘noisy data’’ values in conventional 

‘‘combined deconvolution’’ in that 

division is by a function of the PS 

parameters yielding divisors generally 

greater than one. 

Serial No.: 10/658,285. 

Date: 9/10/2003.

3. Title: Automated Resource 

Management System (ARMSTM). The 

Automated Resource Management 

System (ARMSTM) automates collection, 

integration, analysis, reporting and 

archiving of data in a variety of 

applications while insuring data 

accuracy and reliability not attainable 

conventionally. Applications include: 

environmental, safety, security, military, 

educational, emergency management, 

land use, fish and wildlife management, 

construction and maintenance of 

highways and waterways, mining, 

exploration, manufacturing, recreational 

management, urban restoration, and 

archaeological preservation. ARMSTM

integrates a number of portable devices, 

employing digital technology and 

specialized software in these portable 

devices as well as analysis devices, such 

as PCs and servers. ARMSTM increases 

efficiency and reduces cost, while 

accurately and timely preserving and 

integrating information. It is useful for 

both post-processing and real-time 

reporting, analysis, and pro-active 

direction of ongoing investigations. 

Serial No: 10/729,269. 

Date: 12/8/2003.

4. Title: System Employing Wireless 

Means for Governing Operation of an 

Apparatus and Methods of use Therefor. 

A system employing principles of the 

present invention governs operation of 

an apparatus by an operator. An 

embodiment of the present invention 

comprises means for receiving at least 

one signal, portable means affixed to the 

operator for transmitting the signal, and 

means for inactivating or interrupting 

the operation of the apparatus should 

the operator be beyond a pre-specified 

distance from the controls of the 

apparatus. The means for inactivating 

communicates with both the means for 

receiving and the apparatus, while the 

means for transmitting sends the signal 

to the means for receiving during 

normal operation of the apparatus, e.g., 

with the operator physically present. 

Without the presence of the signal,