33 C.F.R. § 209.310

Representation of submarine cables and pipelines on nautical charts

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(a) The policy of the Corps of Engineers with respect to showing the locations of submarine cables and pipelines on nautical charts published by the Corps of Engineers is as follows:

(1) Within protected waters such as harbors, rivers, bays, estuaries or other inland waterways the location of submarine cables and pipelines is to be indicated by shaded areas marked “Pipeline area” or “Cable area”. The extent of the limits of the area will be governed by local conditions but shall include the immediate area which overlies the cable or pipeline.

(2) Ordinarily, the shaded area on a chart which depicts a cable area or pipeline area should not exceed 500 feet on each side of the location of the cable or pipeline except on small scale charts where an area of that width would not be of sufficient prominence.

(3) The shaded area will be designated “cable area” or “pipeline area” as appropriate, but no other information as to the character or ownership of the installation will appear on the chart.

(b) District engineers will furnish copies of all permits issued for submarine cable and pipelines to the National Oceanic and Atmospheric Administration (NOAA), National Ocean Service, ATTN: N/CG222, Rockville, MD 20852, with his/her recommendation of whether or not the installation should be shown on NOAA nautical charts. National Ocean Service must be notified of the commencement and completion dates for all permitted activities under this section. (Note: Decisions to publish these cables and pipelines on NOAA nautical charts lie solely within NOAA's discretion.)

[51 FR 45765, Dec. 22, 1986]

Notes of Decisions

Cited in 2 cases, 1957–1983 · leading case: S. Nat. Gas Co. v. Pontchartrain Materials, Inc., United States of Am., 711 F.2d 1251 (5th Cir. 1983).

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S. Nat. Gas Co. v. Pontchartrain Materials, Inc., United States of Am., 711 F.2d 1251 (5th Cir. 1983). “The policy of the Corps of Engineers with respect to showing the locations of submarine cables and pipelines on charts published by the Government is as follows: (a) Within protected waters such as harbors, rivers, bays, estuaries, or other inland waterways, the location of…”

United States v. Vill. of Little Chute, Wisconsin & Paul Kostka, President of the Vill., 248 F.2d 228 (7th Cir. 1957). “§ 499 ; 33 C.F.R. 209.310. Since we hold that the 1926 judgment was not res judicata against the United States, and that the question of preexistence of the road is not determinative of the issue in this case, the remaining questions relating to the trial court’s rulings on…”

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