[Federal Register Volume 68, Number 138 (Friday, July 18, 2003)]
[Rules and Regulations]
[Pages 42595-42602]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-18135]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Parts 2, 26, 62, 64, 95, 100, 120, and 165

46 CFR Parts 7 and 28

[USCG-2001-9044]
RIN 1625-AA30


Territorial Seas, Navigable Waters, and Jurisdiction

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

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SUMMARY: This rule conforms the Coast Guard's definitions of 
jurisdictional terms to existing law. We have made these changes so 
that our regulatory definitions will reflect statutory changes and 
Presidential proclamations affecting our jurisdiction. These changes 
are intended to clarify how the Coast Guard interprets its jurisdiction 
to enforce treaties, laws, and regulations of the United States.

DATES: This final rule is effective August 18, 2003.

ADDRESSES: Comments and material received from the public, as well as 
documents mentioned in this preamble as being available in the docket, 
are part of docket USCG-2001-9044 and are available for inspection or 
copying at the Docket Management Facility, U.S. Department of 
Transportation, room PL-401, 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 rule, 
call Alex Weller, Office of Maritime and International Law, U.S. Coast 
Guard, telephone 202-267-0097. If you have questions on viewing the 
docket, call Dorothy Beard, Chief, Dockets, Department of 
Transportation, telephone 202-366-5149.

SUPPLEMENTARY INFORMATION:

Regulatory History

    On October 22, 1975, we published a rule in the Federal Register 
entitled ``Jurisdiction and Navigable Waters'' that established general 
duties and jurisdiction regulations in part 2 of Title 33 of the Code 
of Federal Regulations (33 CFR part 2) (40 FR 49326). Most of those 
regulations have not changed since 1975.
    In an effort to conform the Coast Guard's definitions of 
jurisdictional

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terms to existing law, we published a notice of proposed rulemaking 
(NPRM) on August 14, 2002, entitled ``Territorial Seas, Navigable 
Waters, and Jurisdiction'' (67 FR 52906)(USCG-2001-9044, under former 
DOT RIN 2115-AG13). And on September 18, 2002, we published a 
correction to that proposed rule noting that we did not intend to omit 
the contents of a footnote in our proposed revision of 33 CFR part 2 
(67 FR 58752). No public hearing was requested and none was held.
    A little more than 3 months after we published our NPRM, the 
Maritime Transportation Security Act of 2002 (MTSA) was enacted (Pub. 
L. 107-295, 116 Stat. 2064). The MTSA extended the territorial seas 
jurisdiction from 3 to 12 nautical miles for two domestic statutes by 
amending section 1 of title XIII of the Act of June 15, 1917, as 
amended by the Magnuson Act of August 9, 1950 (``Magnuson Act''), 50 
U.S.C. 195, and section 4(b) of the Vessel Bridge-to-Bridge 
Radiotelephone Act (33 U.S.C. 1203(b)).
    On the same date the MTSA was enacted, November 25, 2002, the 
Homeland Security Act of 2002 (HLSA) (Pub. L. 107-296, 116 Stat. 2135) 
was also enacted. The HLSA established the Department of Homeland 
Security (DHS) and directed the transfer of the Coast Guard from the 
Department of Transportation to DHS.
    Regulatory amendments reflecting these recent MTSA, non-
discretionary changes in jurisdiction and revisions to reflect our move 
to DHS under the HLSA, concern only interpretations, agency 
organization, and rules of agency procedure, and thus, under 5 U.S.C. 
553(b)(A), are exempt from the rulemaking notice requirement. 
Therefore, we have included these MTSA and HLSA changes in this final 
rule. All changes in the rule based on the recent passage of MTSA and 
HLSA are described below in the Discussion of Comments and Changes 
section.

Background and Purpose

    This rule changes definitions of jurisdictional terms, primarily in 
33 CFR part 2, to reflect current statutes and other legal authorities 
on which these definitions are based. In the preamble of our NPRM, we 
discussed various legal authorities on which we based the proposed 
changes to our jurisdictional regulations (67 FR 52906-52908, August 
14, 2002). The Coast Guard uses the definitions for these 
jurisdictional terms--e.g., ``internal waters,'' ``inland waters,'' 
``navigable waters,'' ``territorial sea,'' ``exclusive economic zone,'' 
``high seas,'' and ``waters subject to the jurisdiction of the United 
States''--to enforce treaties, laws, and regulations of the United 
States.

Discussion of Comments and Changes

    We received three letters commenting on the proposed rule. And, in 
response, we have incorporated changes in the final rule. The final 
rule also reflects changes from the proposed rule based on the November 
25, 2002 enactment of the MTSA and HLSA.

Navigable Waters

    One commentator wrote that our proposed definition of ``navigable 
waters'' differed from the U.S. Environmental Protection Agency's 
(EPA's) definition in 40 CFR part 110 (specifically in 40 CFR 110.1) 
and that with respect to the Federal Water Pollution Control Act 
Amendments, known as the Clean Water Act, EPA has the primary federal 
responsibility to define this jurisdictional term. We agree that EPA 
has the primary federal responsibility to define this term with respect 
to the Clean Water Act.
    After conferring with the EPA, we have decided not to revise the 
text in 33 CFR 2.05-25, as we proposed. Instead, all we have revised in 
that section is: (1) The section number itself--to Sec.  2.36--to 
conform to the renumbering of sections in 33 CFR part 2, and (2) we 
removed the footnote. As we explained in our September 18, 2002, 
correction (67 FR 58752), the contents of that footnote have been moved 
to the note for Sec.  2.5, Specific definitions control. Also, because 
we had included references to paragraph (b) of our proposed Sec.  2.36 
in Sec. Sec.  2.38, 62.3, 64.06, and 100.05, we have had to change 
those four references to paragraph (a) to reflect the corresponding 
Sec.  2.36 language in the final rule.
    The EPA, jointly with the Army Corps of Engineers (ACOE), has 
already issued an ``Advanced Notice of Proposed Rulemaking on the Clean 
Water Act Regulatory Definition of `Waters of the United States' '' (68 
FR 1991, January 15, 2003). As we did in our NPRM, the EPA and ACOE's 
ANPRM discusses the U.S. Supreme Court's decision, Solid Waste Agency 
of Northern Cook County v. U.S. Army Corps of Engineers, 531 U.S. 159 
(2001)(SWANCC), interpreting ``waters of the United States'' and 
``navigable waters'' as used in the Clean Water Act. To ensure that our 
definitions are consonant with the EPA's and ACOE's, we will await the 
results of their rulemaking before amending our corresponding 
definitions in redesignated Sec.  2.36. In the meantime, it should be 
understood that we are not taking a position in this rulemaking on the 
definitions of those terms in the SWANCC case.

High Seas

    We received two comments expressing concern that our definition of 
``high seas'' in proposed Sec.  2.32(d) would include the exclusive 
economic zones of both the United States and other nations and that 
this might undermine the doctrine that U.S. statutes are presumed not 
to apply outside of U.S. territory unless Congress expresses a clear 
statement of extraterritorial application. In response to these 
comments, the Coast Guard conferred with the Department of State, U.S. 
Navy, and other federal agencies, and has revised both Sec.  2.32(c) 
and (d) to read:

    (c) For the purposes of 14 U.S.C. 89(a), and 33 U.S.C. 1471 et. 
seq., high seas includes the exclusive economic zones of the United 
States and other nations, as well as those waters that are seaward 
of territorial seas of the United States and other nations.
    (d) Under customary international law as reflected in the 1982 
United Nations Convention on the Law of the Sea and without 
prejudice to high seas freedoms that may be exercised within 
exclusive economic zones pursuant to article 58 of the United 
Nations Convention on the Law of the Sea, and unless the context 
clearly requires otherwise (e.g., The International Convention 
Relating to Intervention on the High Seas in Cases of Oil Pollution 
Casualties, 1969, including annexes thereto), high seas means all 
waters that are not the exclusive economic zone (as defined in 
2.30), territorial sea (as defined in 2.22), or internal waters of 
the United States or any other nation.

    We also received a comment that we are not required to include the 
Great Lakes as a discrete part of our ``high seas'' definition in Sec.  
2.32(a). We agree and have deleted the reference to the Great Lakes in 
that paragraph dealing with special maritime and territorial 
jurisdiction under 18 U.S.C. 7.

Exclusive Economic Zone

    In conferring with the Department of State about the proposed rule, 
it was suggested that we insert the word ``including'' after the 
``United States'' in proposed Sec.  2.30 to match language in the 
President's Exclusive Economic Zone Proclamation 5030 of March 10, 1983 
(97 Stat. 1557) and that we make certain other textual changes. We 
agree, and have made those revisions. Specifically, we have deleted a 
reference to the Covenant and the United Nations Trusteeship Agreement, 
and added reference to Guam, American Samoa, the U.S. Virgin Islands, 
and any other territory or possession over which the United States 
exercises sovereignty. Finally, we have clarified the rights of

[[Page 42597]]

the United States and all other nations in the waters of the exclusive 
economic zone (EEZ) as stated in Presidential Proclamation 5030.

Vessel Bridge-to-Bridge Radiotelephone Act

    We have revised 33 CFR 2.22(a)(i) and 26.02, and 46 CFR 7.5 to 
reflect the MTSA's extension of the application of the Vessel Bridge-
to-Bridge Radiotelephone Act, 33 U.S.C. 1201-1208, to all waters of the 
United States territorial sea described in Presidential Proclamation 
5928. Specifically, to reflect MTSA's sec. 321 amendment of 33 U.S.C. 
1203(b), we added the Vessel Bridge-to-Bridge Radiotelephone Act to 
statutes listed in our territorial seas definition in 33 CFR 
2.22(a)(1); changed the reference to the territorial sea definition in 
33 CFR 26.02 from Sec.  2.22(a)(2) to Sec.  2.22(a)(1); and in 46 CFR 
7.5, Rules for establishing boundary lines, we changed the ``3 miles'' 
territorial sea reference to ``12 nautical miles''.

Magnuson Act

    When we drafted our proposed rule, the Magnuson Act, which amended 
the Act of June 15, 1917, applied in the United States territorial sea 
out to a seaward limit of 3 nautical miles. Sec. 104 of the MTSA 
expanded the Act of June 15, 1917's reach to 12 nautical miles. We 
added the Act of June 15, 1917, as amended, to 33 CFR 2.22(a)(i), and 
revised paragraph (c) in 33 CFR 165.9, Geographical application of 
limited and controlled access areas and regulated navigation areas, to 
reflect that now both the terms ``navigable waters of the United 
States'' in the Ports and Waterways Safety Act, as amended (33 U.S.C. 
1221-1232), and ``territorial waters of the United States'' in the 
Magnuson Act have the same seaward limit--12 miles.

Authority Citations

    The authority citations for CFR parts in the final rule differ from 
those in our proposed rule. These differences reflect recent 
jurisdictional changes created by the MTSA and organizational changes 
caused by the HLSA. Also, we have converted the U.S. Code citation for 
the Ports and Waterways Safety Act, as amended, from ``(33 U.S.C. 1221 
et seq.)'' to the more specific ``(33 U.S.C. 1221-1232).'' This helps 
clarify that regulations in 33 CFR part 100, for example, issued under 
authority of 33 U.S.C. 1233, are not issued under the authority of the 
PWSA.

Regulatory Evaluation

    This rule is not a ``significant regulatory action'' under section 
3(f) of Executive Order 12866, Regulatory Planning and Review, and does 
not require an assessment of potential costs and benefits under section 
6(a)(3) of that Order. The Office of Management and Budget has not 
reviewed it under that Order. It is not ``significant'' under the 
regulatory policies and procedures of the Department of Homeland 
Security.
    We expect the economic impact of this rule to be so minimal that a 
full Regulatory Evaluation under the regulatory policies and procedures 
of DHS is unnecessary because we are merely conforming our 
jurisdictional definitions to reflect authority given to the Coast 
Guard by current statues and Presidential proclamations.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have 
considered whether this rule would have a significant economic impact 
on a substantial number of small entities. The term ``small entities'' 
comprises small businesses, not-for-profit organizations that are 
independently owned and operated and are not dominant in their fields, 
and governmental jurisdictions with populations of less than 50,000.
    We are merely conforming our jurisdictional definitions to 
statutory authority and presidential proclamations. Therefore, the 
Coast Guard certifies under 5 U.S.C. 605(b) that this rule will not 
have a significant economic impact on a substantial number of small 
entities.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we offered to assist small 
entities in understanding the rule so that they could better evaluate 
its effects on them and participate in the rulemaking by providing the 
phone number and address of Alex Weller to address questions concerning 
provisions of the rulemaking.
    Small businesses may send comments on the actions of Federal 
employees who enforce, or otherwise determine compliance with, Federal 
regulations to the Small Business and Agriculture Regulatory 
Enforcement Ombudsman and the Regional Small Business Regulatory 
Fairness Boards. The Ombudsman evaluates these actions annually and 
rates each agency's responsiveness to small business. If you wish to 
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR 
(1-888-734-3247).

Collection of Information

    This rule calls for no new collection of information under the 
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

Federalism

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on State or local 
governments and would either preempt State law or impose a substantial 
direct cost of compliance on them. We have analyzed this rule under 
that Order and have determined that it does not have implications for 
federalism.

Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) 
requires Federal agencies to assess the effects of their discretionary 
regulatory actions. In particular, the Act addresses actions that may 
result in the expenditure by a State, local, or tribal government, in 
the aggregate, or by the private sector of $100,000,000 or more in any 
one year. Though this rule will not result in such an expenditure, we 
do discuss the effects of this rule elsewhere in this preamble.

Taking of Private Property

    This rule will not effect a taking of private property or otherwise 
have taking implications under Executive Order 12630, Governmental 
Actions and Interference with Constitutionally Protected Property 
Rights.

Civil Justice Reform

    This rule meets applicable standards in sections 3(a) and 3(b)(2) 
of Executive Order 12988, Civil Justice Reform, to minimize litigation, 
eliminate ambiguity, and reduce burden.

Protection of Children

    We have analyzed this rule under Executive Order 13045, Protection 
of Children from Environmental Health Risks and Safety Risks. This rule 
is not an economically significant rule and does not create an 
environmental risk to health or risk to safety that may 
disproportionately affect children.

Indian Tribal Governments

    This rule does not have tribal implications under Executive Order 
13175, Consultation and Coordination with Indian Tribal Governments, 
because it does not have a substantial direct effect on one or more 
Indian tribes, on the relationship between the

[[Page 42598]]

Federal Government and Indian tribes, or on the distribution of power 
and responsibilities between the Federal Government and Indian tribes.

Energy Effects

    We have analyzed this rule under Executive Order 13211, Actions 
Concerning Regulations That Significantly Affect Energy Supply, 
Distribution, or Use. We have determined that it is not a ``significant 
energy action'' under that order because it is not a ``significant 
regulatory action'' under Executive Order 12866 and is not likely to 
have a significant adverse effect on the supply, distribution, or use 
of energy. The Administrator of the Office of Information and 
Regulatory Affairs has not designated it as a significant energy 
action. Therefore, it does not require a Statement of Energy Effects 
under Executive Order 13211.

Environment

    We have analyzed this rule under Commandant Instruction M16475.lD, 
which guides the Coast Guard in complying with the National 
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and 
have concluded that there are no factors in this case that would limit 
the use of a categorical exclusion under section 2.B.2 of the 
Instruction. Therefore, this rule is categorically excluded, under 
figure 2-1, paragraph (34)(a), of the Instruction, from further 
environmental documentation. Where a statute does not mandate a change, 
we will revise the existing language to maintain the status quo for 
geographical scope. These changes should also be categorically 
excluded. The Coast Guard believes that merely updating the regulations 
to reflect movement of the boundary of the territorial sea from 3 
nautical miles to 12 nautical miles from shore will not have any impact 
on the environment. An ``Environmental Analysis Check List'' and a 
``Categorical Exclusion Determination'' are available in the docket 
where indicated under ADDRESSES.

List of Subjects

33 CFR Part 2

    Administrative practice and procedure, Law enforcement.

33 CFR Part 26

    Communications equipment, Marine safety, Radio, Telephone, Vessels.

33 CFR Part 62

    Navigation (water).

33 CFR Part 64

    Navigation (water), Reporting and recordkeeping requirements.

33 CFR Part 95

    Alcohol abuse, Drug abuse, Marine safety, Penalties.

33 CFR Part 100

    Marine safety, Navigation (water), Reporting and recordkeeping 
requirements, Waterways.

33 CFR Part 120

    Passenger vessels, Reporting and recordkeeping requirements, 
Security measures.

33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and 
recordkeeping requirements, Security measures, Waterways.

46 CFR Part 7

    Law Enforcement, Vessels.

46 CFR Part 28

    Fire prevention, Fishing vessels, Marine safety, Occupational 
safety and health, Reporting and recordkeeping requirements, Seamen.

0
For the reasons discussed in the preamble, the Coast Guard proposes to 
amend 33 CFR parts 2, 26, 62, 64, 95, 100, 120, and 165 and 46 CFR 
parts 7 and 28 as follows:

TITLE 33--NAVIGATION AND NAVIGABLE WATERS

PART 2--JURISDICTION

0
1. Revise part 2 to read as follows:
PART 2--JURISDICTION
Subpart A--General
Sec.
2.1 Purpose.
2.5 Specific definitions control.
Subpart B--Jurisdictional Terms
2.20 Territorial sea baseline.
2.22 Territorial sea.
2.24 Internal waters.
2.26 Inland waters.
2.28 Contiguous zone.
2.30 Exclusive Economic Zone.
2.32 High seas.
2.34 Waters subject to tidal influence; waters subject to the ebb 
and flow of the tide; mean high water.
2.36 Navigable waters of the United States, navigable waters, 
territorial waters.
2.38 Waters subject to the jurisdiction of the United States; waters 
over which the United States has jurisdiction.
Subpart C--Availability of Jurisdictional Decisions
2.40 Maintenance of decisions.
2.45 Decisions subject to change or modification and availability of 
lists and charts.

    Authority: 14 U.S.C. 633, 33 U.S.C. 1222, 80 Stat. 931 (49 
U.S.C. 108); Pub. L. 107-296, 116 Stat. 2135, 2249; Department of 
Homeland Security Delegation No. 0170.

PART 2--JURISDICTION

Subpart A--General


Sec.  2.1  Purpose

    (a) The purpose of this part is to define terms the Coast Guard 
uses in regulations, policies, and procedures, to determine whether it 
has jurisdiction on certain waters in cases where specific 
jurisdictional definitions are not otherwise provided.
    (b) Figure 2.1 is a visual aid to assist you in understanding this 
part.
BILLING CODE 4910-15-P

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[GRAPHIC] [TIFF OMITTED] TR18JY03.046

BILLING CODE 4910-15-C

[[Page 42600]]

Sec.  2.5  Specific definitions control.

    In cases where a particular statute, regulation, policy or 
procedure provides a specific jurisdictional definition that differs 
from the definitions contained in this part, the former definition 
controls.


    Note to Sec.  2.5: For example, the definition of ``inland 
waters'' in the Inland Navigational Rules Act of 1980 (33 U.S.C. 
2003(o)) would control the interpretation of inland navigation rules 
created under that Act and the ``inland waters'' definition in 46 
CFR 10.103 would control regulations in 46 CFR part 10. 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.

Subpart B--Jurisdictional Terms


Sec.  2.20  Territorial sea baseline.

    Territorial sea baseline means the line defining the shoreward 
extent of the territorial sea of the United States drawn according to 
the principles, as recognized by the United States, of the Convention 
on the Territorial Sea and the Contiguous Zone, 15 U.S.T. 1606, and the 
1982 United Nations Convention on the Law of the Sea (UNCLOS), 21 
I.L.M. 1261. Normally, the territorial sea baseline is the mean low 
water line along the coast of the United States.

    Note to Sec.  2.20: Charts depicting the territorial sea 
baseline are available for examination in accordance with Sec.  
1.10-5 of this chapter.

Sec.  2.22  Territorial sea.

    (a) With respect to the United States, the following apply--
    (1) Territorial sea means the waters, 12 nautical miles wide, 
adjacent to the coast of the United States and seaward of the 
territorial sea baseline, for--
    (i) Statutes included within subtitle II, title 46, U.S.C.; the 
Ports and Waterways Safety Act, as amended (33 U.S.C. 1221-1232); the 
Act of June 15, 1917, as amended (50 U.S.C. 191-195); and the Vessel 
Bridge-to-Bridge Radiotelephone Act (33 U.S.C. 1201-1208), and any 
regulations issued under the authority of these statutes.
    (ii) Purposes of criminal jurisdiction pursuant to Title 18, United 
States Code.
    (iii) The special maritime and territorial jurisdiction as defined 
in 18 U.S.C. 7.
    (iv) Interpreting international law.
    (v) Any other treaty, statute, or regulation, or amendment thereto, 
interpreted by the Coast Guard as incorporating the definition of 
territorial sea as being 12 nautical miles wide, adjacent to the coast 
of the United States and seaward of the territorial sea baseline.
    (2) Unless otherwise specified in paragraph (a)(1) of this section, 
territorial sea means the waters, 3 nautical miles wide, adjacent to 
the coast of the United States and seaward of the territorial sea 
baseline.
    (3) In cases where regulations are promulgated under the authority 
of statutes covered by both paragraphs (a)(1) and (a)(2) of this 
section, the Coast Guard may use the definition of territorial sea in 
paragraph (a)(1) of this section.
    (b) With respect to any other nation, territorial sea means the 
waters adjacent to its coast that have a width and baseline recognized 
by the United States.


Sec.  2.24  Internal waters.

    (a) With respect to the United States, internal waters means the 
waters shoreward of the territorial sea baseline.
    (b) With respect to any other nation, internal waters means the 
waters shoreward of its territorial sea baseline, as recognized by the 
United States.


Sec.  2.26  Inland waters.

    Inland waters means the waters shoreward of the territorial sea 
baseline.


Sec.  2.28  Contiguous zone.

    (a) For the purposes of the Federal Water Pollution Control Act (33 
U.S.C. 1251 et seq.), contiguous zone means the zone, 9 nautical miles 
wide, adjacent to and seaward of the territorial sea, as defined in 
Sec.  2.22(a)(2), that was declared to exist in Department of State 
Public Notice 358 of June 1, 1972 and that extends from 3 nautical 
miles to 12 nautical miles as measured from the territorial sea 
baseline.
    (b) For all other purposes, contiguous zone means all waters within 
the area adjacent to and seaward of the territorial sea, as defined in 
Sec.  2.22(a), and extending to 24 nautical miles from the territorial 
sea baseline, but in no case extending within the territorial sea of 
another nation, as declared in Presidential Proclamation 7219 of 
September 2, 1999 (113 Stat. 2138).


Sec.  2.30  Exclusive Economic Zone.

    (a) With respect to the United States, including the Commonwealth 
of Puerto Rico, the Commonwealth of the Northern Mariana Islands, Guam, 
American Samoa, the United States Virgin Islands, and any other 
territory or possession over which the United States exercises 
sovereignty, exclusive economic zone means the zone seaward of and 
adjacent to the territorial sea, as defined in Sec.  2.22(a), including 
the contiguous zone, and extending 200 nautical miles from the 
territorial sea baseline (except where otherwise limited by treaty or 
other agreement recognized by the United States) in which the United 
States has the sovereign rights and jurisdiction and all nations have 
the high seas freedoms mentioned in Presidential Proclamation 5030 of 
March 10, 1983.
    (b) Under customary international law as reflected in Article 56 of 
the 1982 United Nations Convention on the Law of the Sea, and with 
respect to other nations, exclusive economic zone means the waters 
seaward of and adjacent to the territorial sea, not extending beyond 
200 nautical miles from the territorial sea baseline, as recognized by 
the United States.


Sec.  2.32  High seas.

    (a) For purposes of special maritime and territorial jurisdiction 
of the United States as defined in 18 U.S.C. 7, high seas means all 
waters seaward of the territorial sea baseline.
    (b) For the purposes of section 2 of the Act of February 19, 1895, 
as amended (33 U.S.C. 151) and the Inland Navigational Rules Act of 
1980 (33 U.S.C. Chapter 34), high seas means the waters seaward of any 
lines established under these statutes, including the lines described 
in part 80 of this chapter and 46 CFR part 7.
    (c) For the purposes of 14 U.S.C. 89(a), and 33 U.S.C. 1471 et. 
seq., high seas includes the exclusive economic zones of the United 
States and other nations, as well as those waters that are seaward of 
territorial seas of the United States and other nations.
    (d) Under customary international law as reflected in the 1982 
United Nations Convention on the Law of the Sea and without prejudice 
to high seas freedoms that may be exercised within exclusive economic 
zones pursuant to article 58 of the United Nations Convention on the 
Law of the Sea, and unless the context clearly requires otherwise 
(e.g., The International Convention Relating to Intervention on the 
High Seas in Cases of Oil Pollution Casualties, 1969, including annexes 
thereto), high seas means all waters that are not the exclusive 
economic zone (as defined in Sec. 2.30), territorial sea (as defined in 
Sec. 2.22), or internal waters of the United States or any other 
nation.

[[Page 42601]]

Sec.  2.34  Waters subject to tidal influence; waters subject to the 
ebb and flow of the tide; mean high water.

    (a) Waters subject to tidal influence and waters subject to the ebb 
and flow of the tide are waters below mean high water. These terms do 
not include waters above mean high water caused by flood flows, storms, 
high winds, seismic waves, or other non-lunar phenomena.
    (b) Mean high water is the average of the height of the diurnal 
high water at a particular location measured over a lunar cycle of 19 
years.


Sec.  2.36  Navigable waters of the United States, navigable waters, 
and territorial waters.

    (a) Except as provided in paragraph (b) of this section, navigable 
waters of the United States, navigable waters, and territorial waters 
mean, except where Congress has designated them not to be navigable 
waters of the United States:
    (1) Territorial seas of the United States;
    (2) Internal waters of the United States that are subject to tidal 
influence; and
    (3) Internal waters of the United States not subject to tidal 
influence that:
    (i) Are or have been used, or are or have been susceptible for use, 
by themselves or in connection with other waters, as highways for 
substantial interstate or foreign commerce, notwithstanding natural or 
man-made obstructions that require portage, or
    (ii) A governmental or non-governmental body, having expertise in 
waterway improvement, determines to be capable of improvement at a 
reasonable cost (a favorable balance between cost and need) to provide, 
by themselves or in connection with other waters, as highways for 
substantial interstate or foreign commerce.
    (b) Navigable waters of the United States and navigable waters, as 
used in sections 311 and 312 of the Federal Water Pollution Control 
Act, as amended, 33 U.S.C. 1321 and 1322, mean:
    (1) Navigable waters of the United States as defined in paragraph 
(a) of this section and all waters within the United States tributary 
thereto; and
    (2) Other waters over which the Federal Government may exercise 
Constitutional authority.


Sec.  2.38  Waters subject to the jurisdiction of the United States; 
waters over which the United States has jurisdiction.

    Waters subject to the jurisdiction of the United States and waters 
over which the United States has jurisdiction mean the following 
waters--
    (a) Navigable waters of the United States, as defined in Sec.  
2.36(a).
    (b) Waters, other than those under paragraph (a) of this section, 
that are located on lands for which the United States has acquired 
title or controls and--
    (1) Has accepted jurisdiction according to 40 U.S.C. 255; or
    (2) Has retained concurrent or exclusive jurisdiction from the date 
that the State in which the lands are located entered the Union.
    (c) Waters made subject to the jurisdiction of the United States by 
operation of the international agreements and statutes relating to the 
former Trust Territory of the Pacific Islands, and waters within the 
territories and possessions of the United States.

Subpart C--Availability of Jurisdictional Decisions


Sec.  2.40  Maintenance of decisions.

    (a) From time to time, the Coast Guard makes navigability 
determinations of specific waterways, or portions thereof, in order to 
determine its jurisdiction on those waterways. Copies of these 
determinations are maintained by the District Commander in whose 
district the waterway is located.
    (b) If the district includes portions of the territorial sea, 
charts reflecting Coast Guard decisions as to the location of the 
territorial sea baseline for the purposes of Coast Guard jurisdiction 
are maintained by the District Commander in whose district the portion 
of the territorial sea is located.


Sec.  2.45  Decisions subject to change or modification and 
availability of lists and charts.

    The determinations referred to in Sec.  2.40 are subject to change 
or modification. The determinations are made for Coast Guard use at the 
request of Coast Guard officials. Determinations made or subsequently 
changed are available to the public under Sec.  1.10-5(b) of this 
chapter. Inquiries concerning whether a determination has been made for 
specific waters, for the purposes of Coast Guard jurisdiction, should 
be directed to the District Commander of the district in which the 
waters are located.

PART 26--VESSEL BRIDGE-TO-BRIDGE RADIOTELEPHONE REGULATIONS

0
2. The authority citation for part 26 is revised to read as follows:

    Authority: 14 U.S.C. 2, 33 U.S.C. 1201-1208; Pub. L. 107-295, 
116 Stat. 2064; Department of Homeland Security Delegation No. 0170. 
Rule 1, International Regulations for the Prevention of Collisions 
at Sea.


0
3. In Sec.  26.02, add, in alphabetical order, the definition of 
``territorial sea'' to read as follows:


Sec.  26.02  Definitions.

* * * * *
    Territorial sea means all waters as defined in Sec.  2.22(a)(1) of 
this chapter.
* * * * *

PART 62--UNITED STATES AIDS TO NAVIGATION SYSTEM

0
4. The authority citation for part 62 is revised to read as follows:

    Authority: 14 U.S.C. 85; 33 U.S.C. 1222, 1233; 43 U.S.C. 1333; 
Department of Homeland Security Delegation No. 0170.


0
5. In Sec.  62.3, revise paragraph (g) to read as follows:


Sec.  62.3  Definition of terms.

* * * * *
    (g) Navigable waters of the United States. The term navigable 
waters of the United States is defined in Sec.  2.36(a) of this 
chapter.

PART 64--MARKING OF STRUCTURES, SUNKEN VESSELS AND OTHER 
OBSTRUCTIONS

0
6. The authority citation for part 64 is revised to read as follows:

    Authority: 14 U.S.C. 633; 33 U.S.C. 409, 1231; 42 U.S.C. 9118; 
43 U.S.C. 1333; Department of Homeland Security Delegation No. 0170.


0
7. In Sec.  64.06, add, in alphabetical order, a definition of 
``navigable waters of the United States'' to read as follows:


Sec.  64.06  Definition of terms.

* * * * *
    Navigable waters of the United States means those waters described 
in Sec.  2.36(a) of this chapter, specifically including the waters 
described in Sec.  2.22(a)(2) of this chapter.
* * * * *

PART 95--OPERATING A VESSEL WHILE UNDER THE INFLUENCE OF ALCOHOL OR 
A DANGEROUS DRUG

0
8. The authority citation for part 95 is revised to read as follows:

    Authority: 33 U.S.C. 2071; 46 U.S.C. 2302; Department of 
Homeland Security Delegation No. 0170.


0
9. In Sec.  95.010, add, in alphabetical order, a definition of 
``waters subject to the jurisdiction of the United States'' to read as 
follows:

[[Page 42602]]

Sec.  95.010  Definition of terms as used in this part.

* * * * *
    Waters subject to the jurisdiction of the United States means those 
waters described in Sec.  2.38 of this chapter.

PART 100--MARINE EVENTS

0
10. The authority citation for part 100 is revised to read as follows:

    Authority: 33 U.S.C. 1233; Department of Homeland Security 
Delegation No. 0170.


0
11. In Sec.  100.05, add paragraph (e) to read as follows:


Sec.  100.05  Definition of terms used in this part.

* * * * *
    (e) Navigable waters of the United States means those waters 
described in Sec.  2.36(a) of this chapter, specifically including the 
waters described in Sec.  2.22(a)(2) of this chapter.

PART 120--SECURITY OF PASSENGER VESSELS

0
12. The authority citation for part 120 is revised to read as follows:

    Authority: 33 U.S.C. 1231; Department of Homeland Security 
Delegation No. 0170.


0
13. In Sec.  120.110, revise the definitions of ``high seas'' to read 
as follows:


Sec.  120.110  Definitions.

* * * * *
    High seas means the waters defined in Sec.  2.32(d) of this 
chapter.
* * * * *

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

0
14. The authority citation for part 165 is revised to read as follows:

    Authority: 33 U.S.C. 1226, 1231; 50 U.S.C. 191, 195; 46 U.S.C. 
Chapter 701; 33 CFR 1.05-1(g), 6.04-1, 6.04-6, and 160.5; Pub. L. 
107-295, 116 Stat. 2064; Department of Homeland Security Delegation 
No. 0170.


0
15. Add Sec.  165.9 to read as follows:


Sec.  165.9  Geographic application of limited and controlled access 
areas and regulated navigation areas.

    (a) General. The geographic application of the limited and 
controlled access areas and regulated navigation areas in this part are 
determined based on the statutory authority under which each is 
created.
    (b) Safety zones and regulated navigation areas. These zones and 
areas are created under the authority of the Ports and Waterways Safety 
Act, 33 U.S.C. 1221-1232. Safety zones established under 33 U.S.C. 1226 
and regulated navigation areas may be established in waters subject to 
the jurisdiction of the United States as defined in Sec.  2.38 of this 
chapter, including the territorial sea to a seaward limit of 12 
nautical miles from the baseline.
    (c) Security zones. These zones have two sources of authority--the 
Ports and Waterways Safety Act, 33 U.S.C. 1221-1232, and the Act of 
June 15, 1917, as amended by both the Magnuson Act of August 9, 1950 
(``Magnuson Act''), 50 U.S.C. 191-195, and sec. 104 the Maritime 
Transportation Security Act of 2002 (Pub. L. 107-295, 116 Stat. 2064). 
Security zones established under either 33 U.S.C. 1226 or 50 U.S.C. 191 
may be established in waters subject to the jurisdiction of the United 
States as defined in Sec.  2.38 of this chapter, including the 
territorial sea to a seaward limit of 12 nautical miles from the 
baseline.
    (d) Naval vessel protection zones. These zones are issued under the 
authority of 14 U.S.C. 91 and 633 and may be established in waters 
subject to the jurisdiction of the United States as defined in Sec.  
2.38 of this chapter, including the territorial sea to a seaward limit 
of 3 nautical miles from the baseline.

TITLE 46--SHIPPING

PART 7--BOUNDARY LINES

0
16. The authority citation for part 7 is revised to read as follows:

    Authority: 14 U.S.C. 633; 33 U.S.C. 151, 1222; Department of 
Homeland Security Delegation No. 0170.


Sec.  7.5  [Amended]

0
17. In Sec.  7.5(a), remove the distance ``3 miles'' and add, in its 
place, the distance ``12 nautical miles''.


0
18. Revise Sec.  7.105 to read as follows:


Sec.  7.105  Marquesas Keys, FL to Rio Grande, TX.

    A line drawn from Marquesas Keys, Florida at approximate position 
latitude 24[deg]47.5' N, longitude 82[deg]11.2' W; along the 12-mile 
line which marks the seaward limits of the territorial sea (as defined 
in 33 CFR 2.22(a)(1)) to Rio Grande, Texas at approximate position 
latitude 25[deg]58.6' N, longitude 96[deg]55.5' W.

PART 28-REQUIREMENTS FOR COMMERCIAL FISHING INDUSTRY VESSELS

0
19. The authority citation for part 28 is revised to read as follows:

    Authority: 46 U.S.C. 3316, 4502, 4505, 4506, 6104, 10603; 
Department of Homeland Security Delegation No. 0170.


0
20. In Sec.  28.50, revise the definitions of ``boundary lines'' and 
``coastline'', to read as follows:


Sec.  28.50  Definition of terms used in this part.

* * * * *
    Boundary lines means the lines described in part 7 of this chapter. 
In general, they follow the trend of the seaward high water shorelines 
and cross entrances to small bays, inlets, and rivers. In some areas, 
they are along the 12-mile line that marks the seaward limits of the 
territorial sea and, in other areas, they come ashore.
* * * * *
    Coastline means the territorial sea baseline as defined in 33 CFR 
2.20.
* * * * *

    Dated: May 28, 2003.
Calvin M. Lederer,
Acting Chief Counsel, U.S. Coast Guard.
[FR Doc. 03-18135 Filed 7-17-03; 8:45 am]
BILLING CODE 4910-15-P