[Federal Register Volume 64, Number 197 (Wednesday, October 13, 1999)] [Proposed Rules] [Pages 55441-55442] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 99-26526] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF DEFENSE Department of the Army, Corps of Engineers 33 CFR Part 207 Navigation Regulations
Agency
U.S. Army Corps of Engineers, DoD.
Action
Notice of proposed rulemaking and request for comments.
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Summary
The U.S. Army Corps of Engineers is proposing to amend the regulations which establish restricted areas at Bonneville Lock and Dam, at McNary Lock and Dam, at Ice Harbor Lock and Dam, at Lower Monumental Lock and Dam, at Little Goose Lock and Dam, and at Lower Granite Lock and Dam on the Columbia and Snake Rivers, Oregon and Washington. The Corps is making adjustments in the restricted area boundaries to provide a greater margin of vessel safety from sudden dangerous currents, turbulence, and whirlpools caused by the operation of spillways, electrical generators, and navigation locks. Vessels, except Government vessels, are prohibited within the restricted areas. The restricted areas upstream and downstream from the spillways can be extremely dangerous should vessels be in the restricted area when water is released. The operation of electrical generators and spillway gates are remotely controlled from Portland and not operated by personnel at the facility. The equipment can be activated within seconds, creating very dangerous water currents, turbulence, and whirlpools. Operation of the navigation lock also creates a very dangerous condition in the downstream area. Water that is discharged from the lock discharge culvert can create waves up to 6 feet. Therefore, the downstream areas are being reclassified from ``hazardous'' to ``restricted'' at McNary Lock and Dam, Columbia River, River Mile 292.0; at Ice Harbor Lock and Dam, Snake River, River Mile 9.7; at Lower Monumental Lock and Dam, Snake River, River Mile 41.6; at Little Goose Lock and Dam, Snake River, River Mile 70.3; and at Lower Granite Lock and Dam, Snake River, River Mile 107.5. A change in alignment of the downstream restricted area at Bonneville Lock and Dam, and the upstream restricted areas at McNary Lock and Dam and at Ice Harbor Lock and Dam are being made to protect the boating public.
Dates
Comments must be submitted on or before November 29, 1999.
Addresses
U.S. Army Corps of Engineers, ATTN: CECW-OD, 20 Massachusetts Avenue, NW, Washington, DC 20314-1000. Comments may also be faxed to (202) 761-1685 or e-mail to: James.D.Hilton@usace.army.mil.
For Further Information Contact
Mr. James Hilton, Dredging and Navigation Branch, CECW-OD at (202) 761-8830, or Mr. Jim Runkles, (541) 374-8344, ext. 254 for Bonneville Lock and Dam or Ms. Ann Glassley at (509) 527-7115 for McNary, Ice Harbor, Lower Monumental, Little Goose, and Lower Granite Locks and Dams.
Supplementary Information
Pursuant to its authorities in Section 4, 7, and 28 of the Rivers and Harbors Act of 1917 (40 Stat. 266; 33 U.S.C. 1) and Chapter XIX of the Army Appropriations Act of 1919 (40 Stat. 892; 33 U.S.C. 3), the Corps proposes to amend the regulations in 33 CFR 207.718. The Corps is proposing to amend the regulations in 33 CFR 207.718(v), (w)(1), (w)(4), (w)(5), (w)(6), (w)(7), and (w)(8). Paragraph (v) is being deleted since the area below the dams at McNary, Ice Harbor, Lower Monumental, Little Goose, and Lower Granite is being changed from ``hazardous'' to ``restricted''. Signs will mark the restricted areas. The redisignation of the downstream area from ``hazardous'' to ``restricted'' is to prohibit vessels, except government vessels, from entering the area. Under a hazardous designation, vessels could enter at their own risk. An increase in fishing vessels into the hazardous area in pursuit of adult salmon and steelhead is of great concern, since the electrical generators and spillway gates are operated remotely from Portland. There are no personnel at the dam to warn boaters of an immediate release of water. Paragraph (w)(1) is being amended to provide an additional margin of safety for recreational boaters operating below Bonneville Lock and Dam during the discharge of water from the Juvenile Bypass System outfall structures. Paragraph (w)(4), (w)(5), (w)(6), (w)(7), and (w)(8) are being amended to provide a greater margin of safety for recreational boaters from sudden dangerous currents, turbulence and whirlpools caused by the operation of spillways, electrical generators, and navigation locks. Operation of the electrical generators and spillway gates are remotely controlled from Portland, Oregon. The regulation governing the navigation locks and approach channels, Columbia and Snake Rivers, Washington and Oregon, 33 CFR 207.718 was adopted on January 23,
1978 (43 FR 3115). The last amendment to 33 CFR 207.718 was April 4, 1991 (56 FR 13765). This proposed rule is not a major rule for the purposes of Executive Order 12866. As required by the Regulatory Flexibility Act, the Corps of Engineers certifies that this proposed rule would not have a significant impact on small business entities.
List of Subjects in 33 CFR Part 207
Navigation (water), Vessels, Water transportation.
For the reasons set out in the preamble, Title 33, Chapter II of the Code of Federal Regulations is proposed to be amended, as follows:
PART 207--NAVIGATION REGULATIONS
1. The authority citation for Part 207 continues to read as follows:
Authority: 40 Stat. 266 (33 U.S.C. 1).
2. Section 207.718 is amended by removing and reserving paragraph (v) and revising paragraphs (w)(1), (w)(4), (w)(5), (w)(6), (w)(7), and (w)(8) to read as follows.
Sec. 207.718 Navigation locks and approach channels, Columbia and Snake Rivers, Oreg. and Wash.
* * * * * (w) * * * (1) At Bonneville Dam. The water restricted to only Government vessels are described as all waters of the Columbia River and Bradford Slough within 1,000 feet above the first powerhouse, spillway, and second powerhouse (excluding the new navigation lock channel) and all waters below the first powerhouse, spillway, second powerhouse, and old navigation lock. The downstream boundary commences from the westernmost tip of Robins Island on the Oregon side of the river and runs in a South 65 degrees West direction a distance of approximately 2,100 feet to a point 50 feet upstream of the Hamilton Island Boat Ramp on the Washington Shore. Signs will designate the restricted areas. The approach channel to the New Navigation Lock is outside the restricted area. * * * * * (4) At McNary Dam. The waters restricted to all vessels, except to Government vessels, are described as all waters commencing at the upstream end of the Oregon fish ladder thence running in the direction of 39 deg. 28' true for a distance of 540 yards; thence 7 deg. 49' true for a distance 1,078 yards; thence 277 deg. 10' for a distance of 468 yards to the upstream end of the navigation lock guidewall. The downstream limits commence at the downstream end of the navigation lock guidewall thence to the south (Oregon) shore at right angles and parallel to the axis of the dam. (5) At Ice Harbor Lock and Dam. The waters restricted to all vessels except, Government vessels, are described as all waters commencing at the upstream of the navigation lock guidewall; thence running in the direction of 90 deg. 10' true for a distance of 137 yards; thence 167 deg. 18' true or a distance of 693 yards to the south shore. The downstream limits commence at the downstream end of the guidewall; thence to the south shore, at right angles and parallel to the axis of the dam. (6) At Lower Monumental Lock and Dam. The waters restricted to all vessels, except Government vessels, are described as all waters commencing at the upstream of the navigation lock guidewall and running in a direction of 46 deg. 25' true for a distance of 344 yards; thence 289 deg. 58' true for a distance of 712 yards to the north shore. The downstream limits commence at the downstream end of the navigation lock guidewall; thence to the south shore, at right angles and parallel to the axis of the dam. (7) At Little Goose Lock and Dam. The waters restricted to all vessels, except Government vessels, are described as all waters commencing at the upstream of the navigation lock guidewall and running in a direction of 60 deg. 37' true for a distance of 676 yards; thence 345 deg. 26' true for a distance of 620 yards to the north shore. The downstream limits commence 512 yards downstream and at right angles to the axis of the dam on the south shore; thence parallel to the axis of the dam to the north shore. (8) At Lower Granite Lock and Dam. The waters restricted to all vessels, except Government vessels, are described as all waters commencing at the upstream of the navigation lock guidewall thence running in the direction of 131 deg. 31' true or a distance of 608 yards; thence 210 deg. 46' true for a distance of 259 yards to the south shore. The downstream limits commence at the downstream end of navigation lock guidewall; thence to the south shore, at right angles and parallel to the axis of the dam. * * * * * Dated: October 5, 1999. Joseph L. Gilbreath, Colonel, U.S. Army, Assistant Director of Civil Works, Executive Operations/Planning. [FR Doc. 99-26526 Filed 10-12-99; 8:45 am] BILLING CODE 3710-GB-U