Danger Zone and Restricted Area Regulations

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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