95-1661. Danger Zone and Restricted Area Regulations  

  • [Federal Register Volume 60, Number 15 (Tuesday, January 24, 1995)]
    [Proposed Rules]
    [Pages 4582-4583]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 95-1661]
    
    
    
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    DEPARTMENT OF DEFENSE
    
    Corps of Engineers
    
    33 CFR Part 334
    
    
    Danger Zone and Restricted Area Regulations
    
    AGENCY: Army Corps of Engineers, DoD.
    
    ACTION: Proposed rule.
    
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    SUMMARY: The U.S. Army Corps of Engineers is proposing to amend the 
    regulations in 33 CFR part 334 to add a clause that alerts mariners 
    that potential navigation and charting errors may occur in the 
    boundaries of some danger zones and restricted areas as a result of the 
    updating and replacement of the North American Datum of 1927 with the 
    North American Datum of 1983. The promulgation of these regulations 
    will notify mariners that geographic coordinates establishing danger 
    zone and restricted area boundaries, promulgated in 33 CFR part 334 are 
    not to be used for plotting on maps and charts where NAD 83 is 
    referenced unless the geographic coordinates in the regulations are 
    expressly labeled ``NAD ``83''. Geographic coordinates without the NAD 
    83 reference may be plotted on charts or maps which are referenced to 
    NAD 83 only after applying the correct formula that is published on the 
    map or chart being used.
    
    DATES: Comments must be submitted in writing on or before February 23, 
    1995.
    
    ADDRESSES: HQUSACE, CECW-OR, Washington, D.C. 20314-1000.
    
    FOR FURTHER INFORMATION CONTACT:
    Mr. Ralph Eppard at (202) 272-1783.
    
    SUPPLEMENTARY INFORMATION: A datum is a reference point, line or 
    surface used as a reference in surveying and mapping. Through the use 
    of satellites and other modern surveying techniques, it is now possible 
    to establish global reference systems. The North American Datum of 1983 
    (NAD 83), a new adjustment of the U.S. network of horizontal control, 
    has been adopted as a standard reference datum by the United States and 
    Canada. In March 1988, the National Ocean Service, National Oceanic and 
    Atmospheric Administration, commenced publishing charts in NAD 83. The 
    parameters of the Ellipsoid of reference used with NAD 83 are very 
    close to those used for the World Geodetic System of 1984 (WGS 84). The 
    ellipsoid used for NAD 83, Geodetic Reference System 1980 (GRS 80), is 
    earth-centered or geocentric as opposed to the nongeocentric ellipsoids 
    previously employed. This means that the center of the ellipsoid 
    coincides with the center of the mass of the earth. Any inquiries and 
    requests for further information regarding NAD 83 and National Ocean 
    Service nautical charts should be addressed to: Director, Coast Survey 
    (NCG2), National Ocean Service, NOAA, 1315 East-West Highway, Station 
    6147, Silver Spring, Maryland 20910-3282.
        Pursuant to its authorities in Section 7 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 of 
    Engineers is proposing to amend the regulations in 33 CFR part 334 by 
    inserting the following clause that alerts mariners to the potential 
    for navigation and charting errors in consequence of the NAD 83.
        ``Geographic coordinates expressed in terms of latitude or 
    longitude, or both, are not intended for plotting on maps or charts 
    whose reference horizontal datum is the North American Datum of 1983 
    (NAD 83), unless such geographic coordinates are expressly labeled NAD 
    83. Geographic coordinates without the NAD 83 reference may be plotted 
    on maps or charts referenced to NAD 83 only after application of the 
    appropriate corrections that are published on the particular map or 
    chart being used''.
    
    Notes
    
        1. The U.S. Army Corps of Engineers has determined that this 
    proposed rule is not a major rule within the meaning of Executive Order 
    12866 and is in accordance with the exemption provided military 
    functions.
        2. This proposed rule has been reviewed under the Regulatory 
    Flexibility Act (Pub. L. 96-354) which requires preparation of a 
    regulatory flexibility analysis for any regulation that will have a 
    significant economic impact on a substantial number of small 
    [[Page 4583]] entities, i.e., small businesses, small government 
    jurisdictions. We do not believe that the establishment of these rules 
    will have any negative impacts on small entities because the procedures 
    codified here will only serve to eliminate errors and confusion about 
    the applicability of the 1983 North American Datum. Finally, no 
    reporting or record-keeping requirements are imposed on any small 
    entity as the result of this amendment to the danger zone/restricted 
    area regulations. Therefore, we have determined that this proposed 
    rule, if and when finalized, will not have a significant economic 
    impact on a substantial number of small entities and a regulatory 
    flexibility analysis is not warranted.
    
    List of Subjects in 33 CFR Part 334.
    
        Navigation, Waterways, Transportation.
    
        Accordingly, we are proposing to amend part 334 as follows:
    
    PART 334--DANGER ZONE AND RESTRICTED AREA REGULATIONS
    
        1. The authority citation for part 334 continues to read as 
    follows:
    
        Authority: 40 Stat. 266 (33 U.S.C. 1) and 40 Stat. 892 (33 
    U.S.C. 3)
    
        2. Section 334.6 is added as follows:
    
    
    Sec. 334.6  Datum.
    
        (a) Geographic coordinates expressed in terms of latitude or 
    longitude, or both, are not intended for plotting on maps or charts 
    whose reference horizontal datum is the North American Datum of 1983 
    (NAD 83), unless such geographic coordinates are expressly labeled NAD 
    83. Geographic coordinates without the NAD 83 reference may be plotted 
    on maps or charts referenced to NAD 83 only after application of the 
    appropriate corrections that are published on the particular map or 
    chart being used.
        (b) For further information on NAD 83 and National Service nautical 
    charts please contact: Director, Coast Survey (N/CG2), National Ocean 
    Service, NOAA, 1315 East-West Highway, Station 6147, Silver Spring, MD 
    20910-3282.
    Kenneth L. Denton,
    Army Federal Register Liaison Officer.
    [FR Doc. 95-1661 Filed 1-23-95; 8:45 am]
    BILLING CODE 3710-92-M
    
    

Document Information

Published:
01/24/1995
Department:
Engineers Corps
Entry Type:
Proposed Rule
Action:
Proposed rule.
Document Number:
95-1661
Dates:
Comments must be submitted in writing on or before February 23, 1995.
Pages:
4582-4583 (2 pages)
PDF File:
95-1661.pdf
CFR: (1)
33 CFR 334.6