33 CFR 2.36 - Navigable waters of the United States, navigable waters, and territorial waters
Cite as | 33 CFR 2.36 |
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32 practice notes
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Nontank Vessel Response Plans and Other Response Plan Requirements
...the following discussion on jurisdiction. Jurisdiction This rule applies in the navigable waters of the United States as defined in 33 CFR 2.36(b)(1), including the waters in 46 U.S.C. 2101(17a). The breadth of the territorial sea for purposes of this rule is as stated in 33 CFR 2.22(a)(1),......
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Vessel Requirements for Notices of Arrival and Departure, and Automatic Identification System
...the 46 U.S.C. 2101 definitions we have not separately included in Sec. 160.202. Third, rather than use a jurisdictional term not found in 33 CFR part 2, we did not add a definition of ``Continental United States'' as proposed, but instead specified those jurisdictions in the sections in whi......
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Specific Environmental Statutes
...§407, are those that meet the historical Commerce Clause deinition of navigable waters applicable to most marine safety statutes. See 33 C.F.R. §2.36(a). As noted in Chapter 9, Part I, under the CWA, 33 U.S.C. §1251, the term is broader and has been interpreted to include some waters that w......
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Marine Casualty Reporting on the Outer Continental Shelf
...the navigable waters of the United States cover the U.S. territorial seas and internal waters, and not the waters of the U.S. OCS. 33 CFR 2.36(a).\3\ Thus, part 4 applies to U.S.-flag OCS vessels, but, in general, does not apply to foreign-flag OCS vessels operating on the U.S. OCS.\4\ Nor ......
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7 cases
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Am. S.S. Co. v. Hallett Dock Co., Civil No. 09–2628 (MJD/LIB).
...Act and the Wreck Act The Rivers and Harbors Act and the Wreck Act both apply to the “navigable waters” of the United States. Under 33 C.F.R. § 2.36(a), navigable waters include “[i]nternal waters of the United States ... that ... [a]re or have been used, or are or have been susceptible for......
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Gowanus Indus. Park Inc. v. Hess Corp., 10-CV-5522 (JG) (JO)
...by a private entity. 33 C.F.R. §§ 105.400, 101.105 (defining "facility" as used in Part 105). Pursuant to 33 C.F.R. §§ 101.105 and 2.36(a)(2), "[w]aters subject to the jurisdiction of the U.S." includes all "[i]nternal waters of the United States that are subject to tidal influence." As the......
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Gowanus Indus. Park, Inc. v. HESS Corp., 10-CV-5522 (JG) (JO)
...by a private entity. 33 C.F.R. §§ 105.400, 101.105 (defining "facility" as used in Part 105). Pursuant to 33 C.F.R. §§ 101.105 and 2.36(a)(2), "[w]aters subject to the jurisdiction of the U.S." includes all "[i]nternal waters of the United States that are subject to tidal influence." As the......
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Moscheo v. Polk County, No. E2008-01969-COA-R3-CV (Tenn. App. 9/2/2009), No. E2008-01969-COA-R3-CV.
...need) to provide, by themselves or in connection with other waters, as highways for substantial interstate or foreign commerce. Page 14 33 C.F.R. §2.36(a)(emphasis added). Another definition provided by Polk County of "waters subject to the jurisdiction of the United States" is as §2.38 Wat......
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1 books & journal articles
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Specific Environmental Statutes
...§407, are those that meet the historical Commerce Clause deinition of navigable waters applicable to most marine safety statutes. See 33 C.F.R. §2.36(a). As noted in Chapter 9, Part I, under the CWA, 33 U.S.C. §1251, the term is broader and has been interpreted to include some waters that w......