[Federal Register Volume 65, Number 17 (Wednesday, January 26, 2000)]
[Rules and Regulations]
[Pages 4124-4125]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-1631]


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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: Final rule.

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SUMMARY: The U.S. Army Corps of Engineers is amending its 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 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 high. Therefore, the downstream areas are 
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 upstream restricted areas at 
Bonneville Lock and Dam, at McNary Lock and Dam and at Ice Harbor Lock 
and Dam are to provide additional protection for the boating public.

DATES: The final rule is effective February 25, 2000.

ADDRESSES: U.S. Army Corps of Engineers, ATTN: CECW-OD, 20 
Massachusetts Avenue, NW., Washington, DC 20314-1000.

FOR FURTHER INFORMATION CONTACT: Mr. James Hilton, Dredging and 
Navigation Branch, CECW-OD at (202) 761-8830, or 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: The notice of proposed rulemaking was 
published on Wednesday, October 13, 1999, vol. 64, No. 197, pages 
55441--55442. Pursuant to its authorities in Sections 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 is amending its regulations in 33 CFR Part 
207.718(v), (w)(1), (w)(4), (w)( 5), (w)(6), (w)(7), and (w)(8). 
Paragraph (v) is deleted since the area below the dams at McNary, Ice 
Harbor, Lower Monumental, Little Goose, and Lower Granite is changed 
from ``hazardous'' to ``restricted''. Signs mark the restricted areas. 
The redesignation 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 amended 
to provide an additional margin of safety for recreational boaters 
operating above and below Bonneville Lock and Dam during the discharge 
of water from the Juvenile Bypass System outfall structures. Paragraphs 
(w)(4), (w)(5), (w)(6), (w)(7), and (w)(8) are amended to provide a 
greater margin of safety for recreational

[[Page 4125]]

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 final 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 final rule 
would not have a significant impact on small business entities.

Comments on the Proposed Rule

    No comments were received to the October 13, 1999, Federal Register 
notice of proposed rulemaking. However, there was an error in the 
proposed upstream restricted area boundaries at Ice Harbor Lock and 
Dam, Lower Monumental Lock and Dam, and Little Goose Lock and Dam. The 
Corps Walla Walla District issued a public notice on December 16, 1988, 
regarding proposed changes to restricted area boundaries at McNary, Ice 
Harbor, Lower Monumental and Little Goose Locks and Dams. However, the 
restricted area boundaries in the October 13, 1999, Federal Register 
contained errors in direction and distances from the December 16, 1988 
public notice. The revised restricted upstream boundary at Ice Harbor 
Dam provides a greater distance from the dam to protect boaters. The 
revised restricted upstream boundary at Lower Monumental Dam shifts the 
north boundary waterward to place the boat ramp outside the restricted 
area. The upstream restricted area boundary line at Little Goose Dam 
that runs on an angle of 345 deg. 26' true for a distance of 620 yards 
to the north shore is amended to delete the distance, since the shore 
line is subject to change by lake level fluctuations and natural 
causes.

List of Subjects in 33 CFR Part 207

    Navigation (water), Water transportation, Vessels.

    For reasons set out in the preamble, Title 33, Chapter II of the 
Code of Federal Regulations is 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.

* * * * *
    (v) [Reserved]
    (w) * * *
    (1) At Bonneville Lock and Dam. The water restricted to all 
vessels, except 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. This is bounded 
by a line commencing from the westernmost tip of Robins Island on the 
Oregon side of the river and running 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 designate the restricted areas. The approach channel to the new 
navigation lock is outside the restricted area.
* * * * *
    (4) At McNary Lock and 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 of 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. Signs designate the 
restricted areas.
    (5) At Ice Harbor Lock and Dam. The waters restricted to all 
vessels, except Government vessels, are described as all waters within 
a distance of about 800 yards upstream of the dam lying south of the 
navigation lock and bound by the line commencing at the upstream end of 
the guidewall, and running a direction of 91 deg. 10' true for a 
distance of 575 yards; thence 162 deg. 45' to the south shore, a 
distance of about 385 yards. The downstream limits commencing at the 
downstream end of the guidewall; thence to the south shore, at right 
angles and parallel to the axis of the dam. Signs designate the 
restricted areas.
    (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 
326 deg. 19' true for a distance of 362 yards; thence 243 deg. 19' true 
for a distance of 218 yards; thence 275 deg. 59' true to the north 
shore a distance of about 290 yards. The downstream limits commence at 
the downstream end of the navigation lock guidewall; thence to the 
north shore, at right angles and parallel to the axis of the dam. Signs 
designate the restricted areas.
    (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 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. 
Signs designate the restricted areas.
    (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 for a distance of 608 
yards; thence 210 deg. 46' true to the south shore, a distance of about 
259 yards. 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. Signs designate the restricted 
areas.
* * * * *

    Dated: January 18, 2000.
    Approved:
Eric R. Potts,
Colonel, U.S. Army, Executive Director of Civil Works.
[FR Doc. 00-1631 Filed 1-25-00; 8:45 am]
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