[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