[Federal Register Volume 67, Number 181 (Wednesday, September 18, 2002)]
[Proposed Rules]
[Pages 58752-58753]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-23754]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 2

[USCG 2001-9044]
RIN 2115-AG13


Territorial Seas, Navigable Waters, and Jurisdiction

AGENCY: Coast Guard, DOT.

ACTION: Notice of proposed rulemaking; correction.

-----------------------------------------------------------------------

SUMMARY: On August 14, 2002, we published a notice of proposed 
rulemaking to conform the Coast Guard's definitions of jurisdictional 
terms to existing law. In our proposed revision of 33 CFR part 2, we 
inadvertently omitted the contents of footnote 2. This document 
corrects that omission.

DATES: Comments and related materials on our corrected proposed rule 
must reach the Docket Management Facility on or before November 12, 
2002.

ADDRESSES: To make sure that your comments and related materials are 
not entered more than once in the docket, please submit them by only 
one of the following means:
    (1) By mail to the Docket Management Facility (USCG-2001-9044), 
U.S. Department of Transportation, room PL-401, 400 Seventh Street SW., 
Washington, DC 20590-0001.
    (2) By hand delivery to room PL-401 on the Plaza level of the 
Nassif Building, 400 Seventh Street SW., Washington, DC, between 9 a.m. 
and 5 p.m., Monday through Friday, except Federal holidays. The 
telephone number is 202-366-9329.
    (3) By fax to the Docket Management Facility at 202-493-2251.
    (4) By electronic means through the Web Site for the Docket 
Management System at http://dms.dot.gov.
    The Docket Management Facility maintains the public docket for this 
rulemaking. Comments and materials received from the public, as well as 
documents mentioned in this preamble as being available in the docket, 
will become part of this docket and will be available for inspection or 
copying at room PL-401 on the Plaza level of the Nassif Building, 400 
Seventh Street SW., Washington, DC, between 9 a.m. and 5 p.m., Monday 
through Friday, except Federal holidays. You may also find this docket 
on the Internet at http://dms.dot.gov.

FOR FURTHER INFORMATION CONTACT: If you have questions on this proposed 
rule, call Alex Weller, Office of

[[Page 58753]]

Maritime and International Law, U.S. Coast Guard, telephone 202-267-
0097. If you have questions on viewing or submitting materials to the 
docket, call Dorothy Beard, Chief, Dockets, Department of 
Transportation, telephone 202-366-5149.

SUPPLEMENTARY INFORMATION:

Need for Correction

    On August 14, 2002, we published a notice of proposed rulemaking 
(NPRM) to conform the Coast Guard's definitions of jurisdictional terms 
to existing law (67 FR 52906). Because we did not intend to omit the 
contents of a footnote in our proposed revision of 33 CFR part 2, we 
are publishing this correction to our proposed rule.

Discussion of Correction of Proposed Rule

    In 33 CFR, current Sec. Sec.  2.05-25 (Navigable waters of the 
United States; Navigable Waters; Territorial Waters) and 2.05-30 
(Waters subject to the jurisdiction of the United States; waters over 
which the United States has jurisdiction) both reference a footnote 2. 
That footnote informs the reader that the use of the terms ``State'' 
and ``United States'' in these two sections should be considered 
supplementary to, and not as interpretive of, the statutory definitions 
of these terms. We mistakenly omitted the contents of footnote 2 from 
our proposed rule.
    Rather than inserting the same footnote in our proposed Sec. Sec.  
2.36 and 2.38 that correspond to Sec. Sec.  2.05-25 and 2.05-30, we 
instead are including this information in our note to proposed Sec.  
2.5 (Specific definitions control). The current note to Sec.  2.5 
provides examples of how a specific statutory and regulatory definition 
would supersede definitions in 33 CFR part 2. We propose to add the 
following two sentences to this note: ``Also, in various laws 
administered and enforced by the Coast Guard, the terms ``State'' and 
``United States'' are defined to include some or all of the territories 
and possessions of the United States. The definitions in Sec. Sec.  
2.36 and 2.38 should be considered as supplementary to these statutory 
definitions and not as interpretive of them.''

Correction

    In proposed rule FR Doc. 02-20481, beginning on page 52906 in the 
issue of August 14, 2002, make the following correction:


Sec.  2.5  [Corrected]

    On page 52911, in the first column, starting on line 14, at the end 
of Note to Sec.  2.5, add the following sentences: ``Also, in various 
laws administered and enforced by the Coast Guard, the terms ``State'' 
and ``United States'' are defined to include some or all of the 
territories and possessions of the United States. The definitions in 
Sec. Sec.  2.36 and 2.38 should be considered as supplementary to these 
statutory definitions and not as interpretive of them.''

    Dated: September 13, 2002.
R. F. Duncan,
Chief Counsel, U.S. Coast Guard.
[FR Doc. 02-23754 Filed 9-17-02; 8:45 am]
BILLING CODE 4910-15-P