[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]
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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: 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,
[[Page 55442]]
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]
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