[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]



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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.

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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]

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