95-7208. Danger Zone and Restricted Area Regulations  

  • [Federal Register Volume 60, Number 56 (Thursday, March 23, 1995)]
    [Rules and Regulations]
    [Pages 15232-15233]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 95-7208]
    
    
    
    =======================================================================
    -----------------------------------------------------------------------
    
    DEPARTMENT OF DEFENSE
    
    Department of the Army
    Corps of Engineers
    
    33 CFR Part 334
    
    
    Danger Zone and Restricted Area Regulations
    
    AGENCY: Army Corps of Engineers, DOD.
    
    ACTION: Final rule.
    
    -----------------------------------------------------------------------
    
    SUMMARY: The U.S. Army Corps of Engineers is amending 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.
    
    EFFECTIVE DATE: April 24, 1995.
    
    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 [[Page 15233]] 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 amending the regulations in 33 CFR 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''. On January 24 1995, the Corps published this change 
    in the Notice of Proposed Rulemaking section of the Federal Register 
    (60 FR 4582-4583) with the comment period ending on February 23, 1995. 
    We received no comments.
    
    Notes
    
        1. The U.S. Army Corps of Engineers has determined that this 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 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 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 rule 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 amending 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 Datum 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.
    
    
        Dated: March 15, 1995.
    
    Stanley G. Genega,
    
    Major General, U.S. Army, Director of Civil Works.
    
    [FR Doc. 95-7208 Filed 3-22-95; 8:45 am]
    
    BILLING CODE 3710-92-M
    
    

Document Information

Effective Date:
4/24/1995
Published:
03/23/1995
Department:
Engineers Corps
Entry Type:
Rule
Action:
Final rule.
Document Number:
95-7208
Dates:
April 24, 1995.
Pages:
15232-15233 (2 pages)
PDF File:
95-7208.pdf
CFR: (1)
33 CFR 334.6