33 U.S.C. § 1471 — Definitions

Page 627 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 1472 Sec. 1482. Consultation for nomination and nomination of experts, negotiators, etc.; proposal of amendments to list of substances other than convention oil; Presidential accept- ance of amendments. 1483. Foreign government ships; immunity. 1484. Interpretation and administration; other right, duty, privilege, or immunity and other remedy unaffected. 1485. Rules and regulations. 1486. Oil Spill Liability Trust Fund. 1487. Effective date. § 1471. Definitions As used in this chapter— (1) ‘‘a substance other than convention oil’’ means those oils, noxious substances, liquefied gases, and radioactive substances— (A) enumerated in the protocol, or (B) otherwise determined to be hazardous under section 1473(a) of this title; (2) ‘‘convention’’ means the International Convention Relating to Intervention on the High Seas in Cases of Oil Pollution Casualties, 1969, including annexes thereto; (3) ‘‘convention oil’’ means crude oil, fuel oil, diesel oil, and lubricating oil; (4) ‘‘Secretary’’ means the Secretary of the department in which the Coast Guard is oper- ating; (5) ‘‘ship’’ means— (A) a seagoing vessel of any type whatso- ever, and (B) any floating craft, except an installa- tion or device engaged in the exploration and exploitation of the resources of the sea- bed and the ocean floor and the subsoil thereof; (6) ‘‘protocol’’ means the Protocol Relating to Intervention on the High Seas in Cases of Marine Pollution by Substances Other Than Oil, 1973, including annexes thereto; and (7) ‘‘United States’’ means the States, the District of Columbia, the Commonwealth of Puerto Rico, the Canal Zone, Guam, American Samoa, the United States Virgin Islands, the Trust Territory of the Pacific Islands, the Commonwealth of the Northern Marianas, and any other commonwealth, territory, or posses- sion of the United States. (Pub. L. 93–248, § 2, Feb. 5, 1974, 88 Stat. 8; Pub. L. 95–302, § 1(1), June 26, 1978, 92 Stat. 344.) Editorial Notes REFERENCES IN TEXT For definition of Canal Zone, referred to in par. (7), see section 3602(b) of Title 22, Foreign Relations and Intercourse. AMENDMENTS 1978—Pub. L. 95–302 in cl. (1) substituted definition of ‘‘a substance other than convention oil’’ for definition of ‘‘ship’’, in cl. (2) substituted definition of ‘‘conven- tion’’ for definition of ‘‘oil’’, in cl. (3) substituted defi- nition of ‘‘convention oil’’ for definition of ‘‘conven- tion’’, in cl. (5) substituted definition of ‘‘ship’’ for defi- nition of ‘‘United States’’, and added cls. (6) and (7). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1978 AMENDMENT For effective date of amendment by Pub. L. 95–302, see section 2 of Pub. L. 95–302, set out as a note under section 1487 of this title. SHORT TITLE Pub. L. 93–248, § 1, Feb. 5, 1974, 88 Stat. 8, provided: ‘‘That this Act [enacting this chapter] may be cited as the ‘Intervention on the High Seas Act’.’’ TRANSFER OF FUNCTIONS For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relat- ing thereto, to the Department of Homeland Security, and for treatment of related references, see sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic Secu- rity, and the Department of Homeland Security Reor- ganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6. Executive Documents TERMINATION OF TRUST TERRITORY OF THE PACIFIC ISLANDS For termination of Trust Territory of the Pacific Is- lands, see note set out preceding section 1681 of Title 48, Territories and Insular Possessions. § 1472. Grave and imminent danger from oil pol- lution casualties to coastline or related inter- ests of United States; Federal nonliability for Federal preventive measures on the high seas Whenever a ship collision, stranding, or other incident of navigation or other occurrence on board a ship or external to it resulting in mate- rial damage or imminent threat of material damage to the ship or her cargo creates, as de- termined by the Secretary, a grave and immi- nent danger to the coastline or related interests of the United States from pollution or threat of pollution of the sea by convention oil or of the sea or atmosphere by a substance other than convention oil which may reasonably be ex- pected to result in major harmful consequences, the Secretary may, except as provided for in sec- tion 1479 of this title, without liability for any damage to the owners or operators of the ship, to her cargo or crew, to underwriters or other parties interested therein, take measures on the high seas, in accordance with the provisions of the convention, the protocol and this chapter, to prevent, mitigate, or eliminate that danger. (Pub. L. 93–248, § 3, Feb. 5, 1974, 88 Stat. 8; Pub. L. 95–302, § 1(2), June 26, 1978, 92 Stat. 344.) Editorial Notes AMENDMENTS 1978—Pub. L. 95–302 substituted ‘‘convention oil or of the sea or atmosphere by a substance other than con- vention oil’’ for ‘‘oil’’, and ‘‘convention, the protocol’’ for ‘‘Convention’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1978 AMENDMENT For effective date of amendment by Pub. L. 95–302, see section 2 of Pub. L. 95–302, set out as a note under section 1487 of this title.