4124 Federal Register / Vol. 65, No. 17 / Wednesday, January 26, 2000 / Rules and Regulations

(iii) [Reserved]. For further guidance,

see § 1.274–5(c)(2)(iii).

* * * * *

(f) * * *

(4) [Reserved]. For further guidance,

see § 1.274–5(f)(4).

* * * * *

(g) [Reserved]. For further guidance,

see § 1.274–5(g).

* * * * *

(j) [Reserved]. For further guidance,

see § 1.274–5(j).

* * * * *

(m) Effective date. * * * Paragraphs

(c)(2)(iii), (f)(4), (g), and (j) of this

section apply to expenses paid or

incurred after December 31, 1997.

§ 1.274(d)–1 [REMOVED]

Par. 6. Section 1.274(d)–1 is removed.

§ 1.274(d)–1T [REMOVED]

Par. 7. Section 1.274(d)-1T is

removed.

PART 602—OMB CONTROL NUMBERS

UNDER THE PAPERWORK

REDUCTION ACT

Par. 8. The authority citation for part

602 continues to read as follows:

Authority: 26 U.S.C. 7805.

Par. 9. In § 602.101, paragraph (b) is

amended by adding the following entry

to the table:

§ 602.101 OMB Control numbers

* * * * *

(b) * * *

CFR part or section where identified and described Current OMB control No.

*******

1.274–5 .......................................................................................................................................................................................... 1545–0771

*******

Robert E. Wenzel,

Deputy Commissioner of Internal Revenue.

Approved: December 28, 1999.

Jonathan Talisman,

Acting Assistant Secretary of the Treasury.

[FR Doc. 00–1382 Filed 1–21–00; 3:06 pm]

BILLING CODE 4830–01–U

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.

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

Federal Register / Vol. 65, No. 17 / Wednesday, January 26, 2000 / Rules and Regulations 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° 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:

§ 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° 28′ true

for a distance of 540 yards; thence 7° 49′

true for a distance of 1,078 yards; thence

277° 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° 10′ true for a distance of 575

yards; thence 162° 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° 25′ true for a distance of 344 yards;

thence 326° 19′ true for a distance of 362

yards; thence 243° 19′ true for a distance

of 218 yards; thence 275° 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° 37′ true for

a distance of 676 yards; thence 345° 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° 31′ true for a distance

of 608 yards; thence 210° 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]

BILLING CODE 3710–AR–P