33 U.S.C. § 3801 — Definitions

Page 1004 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 3708 (c) Coordination The Administrator shall encourage coordina- tion of the Agency’s ocean acidification and coastal acidification activities with such activi- ties of other nations and international organiza- tions. (d) Requirement Researchers from the National Aeronautics and Space Administration under this subtitle that collect data described under section 3705(d) of this title shall— (1) collect such data in accordance with the standards, protocols, or procedures established pursuant to section 3705(d) of this title; and (2) submit such data to the Administrator and the Secretary, in accordance with any rules promulgated by the Administrator or the Secretary. (Pub. L. 111–11, title XII, § 12408, Mar. 30, 2009, 123 Stat. 1441; Pub. L. 117–167, div. B, title VI, § 10648, Aug. 9, 2022, 136 Stat. 1681.) Editorial Notes AMENDMENTS 2022—Pub. L. 117–167, § 10648(1), substituted ‘‘ocean acidification and coastal acidification’’ for ‘‘ocean acidification’’ wherever appearing in text. Subsec. (a). Pub. L. 117–167, § 10648(2), substituted ‘‘their respective impacts’’ for ‘‘its impacts’’. Subsec. (d). Pub. L. 117–167, § 10648(3), added subsec. (d). § 3708. Authorization of appropriations (a) NOAA There are authorized to be appropriated to the National Oceanic and Atmospheric Administra- tion to carry out the purposes of this chapter— (1) $20,500,000 for fiscal year 2023; (2) $22,000,000 for fiscal year 2024; (3) $24,000,000 for fiscal year 2025; (4) $26,000,000 for fiscal year 2026; and (5) $28,000,000 for fiscal year 2027. (b) NSF There are authorized to be appropriated to the National Science Foundation to carry out the purposes of this chapter, $20,000,000 for each of the fiscal years 2023 through 2027. (Pub. L. 111–11, title XII, § 12409, Mar. 30, 2009, 123 Stat. 1441; Pub. L. 117–167, div. B, title VI, § 10649, Aug. 9, 2022, 136 Stat. 1681.) Editorial Notes AMENDMENTS 2022—Subsec. (a). Pub. L. 117–167, § 10649(1), sub- stituted pars. (1) to (5) for former pars. (1) to (4) which authorized appropriations for fiscal years 2009 to 2012. Subsec. (b). Pub. L. 117–167, § 10649(2), substituted ‘‘chapter, $20,000,000 for each of the fiscal years 2023 through 2027.’’ for ‘‘chapter—’’ and pars. (1) to (4) which authorized appropriations for fiscal years 2009 to 2012. CHAPTER 51—CLEAN HULLS SUBCHAPTER I—GENERAL PROVISIONS Sec. 3801. Definitions. 3802. Covered vessels. 3803. Administration and enforcement. Sec. 3804. Compliance with international law. 3805. Utilization of personnel, facilities or equip- ment of other Federal departments and agencies. SUBCHAPTER II—IMPLEMENTATION OF THE CONVENTION 3821. Certificates. 3822. Declaration. 3823. Other compliance documentation. 3824. Process for considering additional controls. 3825. Scientific and technical research and moni- toring; communication and information. 3826. Communication and exchange of information. SUBCHAPTER III—PROHIBITIONS AND ENFORCEMENT AUTHORITY 3841. Prohibitions. 3842. Investigations and inspections by Secretary. 3843. EPA enforcement. 3844. Additional authority of the Administrator. SUBCHAPTER IV—ACTION ON VIOLATION, PENALTIES, and REFERRALS 3851. Criminal enforcement. 3852. Civil enforcement. 3853. Liability in rem. 3854. Vessel clearance or permits; refusal or rev- ocation; bond or other surety. 3855. Warnings, detentions, dismissals, exclusion. 3856. Referrals for appropriate action by foreign country. 3857. Remedies not affected. SUBCHAPTER I—GENERAL PROVISIONS § 3801. Definitions In this chapter: (1) Administrator The term ‘‘Administrator’’ means the Ad- ministrator of the Environmental Protection Agency. (2) Antifouling system The term ‘‘antifouling system’’ means a coating, paint, surface treatment, surface, or device that is used or intended to be used on a vessel to control or prevent attachment of unwanted organisms. (3) Convention The term ‘‘Convention’’ means the Inter- national Convention on the Control of Harm- ful Anti-Fouling Systems on Ships, 2001, in- cluding its annexes, and including any amend- ments to the Convention or annexes which have entered into force for the United States. (4) FPSO The term ‘‘FPSO’’ means a floating produc- tion, storage, or offloading unit. (5) FSU The term ‘‘FSU’’ means a floating storage unit. (6) Gross tonnage The term ‘‘gross tonnage’’ as defined in chapter 143 of title 46 means the gross tonnage calculated in accordance with the tonnage measurement regulations contained in annex 1 to the International Convention on Tonnage Measurement of Ships, 1969. (7) International voyage The term ‘‘international voyage’’ means a voyage by a vessel entitled to fly the flag of Page 1005 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 3802 one country to or from a port, shipyard, off- shore terminal, or other place under the juris- diction of another country. (8) Organotin The term ‘‘organotin’’ means any compound or additive of tin bound to an organic ligand, that is used or intended to be used as biocide in an antifouling system. (9) Person The term ‘‘person’’ means— (A) any individual, partnership, associa- tion, corporation, or organized group of per- sons whether incorporated or not; (B) any department, agency, or instrumen- tality of the United States, except as pro- vided in section 3802(b)(2) of this title; or (C) any other government entity. (10) Secretary The term ‘‘Secretary’’ means the Secretary of the department in which the Coast Guard is operating. (11) Sell or distribute The term ‘‘sell or distribute’’ means to dis- tribute, sell, offer for sale, hold for distribu- tion, hold for sale, hold for shipment, ship, de- liver for shipment, release for shipment, im- port, export, hold for import, hold for export, or receive and (having so received) deliver or offer to deliver. (12) Vessel The term ‘‘vessel’’ has the meaning given that term in section 3 of title 1, including hy- drofoil boats, air cushion watercraft, submersibles, floating craft, fixed or floating platforms, floating storage units, and floating production, storage, and offloading units. (13) Territorial sea The term ‘‘territorial sea’’ means the terri- torial sea as described in Presidential Procla- mation No. 5928 on December 27, 1988. (14) United States The term ‘‘United States’’ means the several States of the United States, the District of Co- lumbia, Puerto Rico, Guam, American Samoa, the Virgin Islands, the Commonwealth of the Northern Marianas, and any other territory or possession over which the United States has jurisdiction. (15) Use The term ‘‘use’’ includes application, re- application, installation, or any other employ- ment of an antifouling system. (Pub. L. 111–281, title X, § 1011, Oct. 15, 2010, 124 Stat. 3023; Pub. L. 111–330, § 1(19), Dec. 22, 2010, 124 Stat. 3570.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in text, was in the original ‘‘this title’’, meaning title X of Pub. L. 111–281, Oct. 15, 2010, 124 Stat. 3023, which enacted this chapter and re- pealed chapter 37 (§ 2401 et seq.) of this title. For com- plete classification of title X to the Code, see Tables. Presidential Proclamation No. 5928, referred to in par. (13), is set out under section 1331 of Title 43, Public Lands. AMENDMENTS 2010—Par. (9)(B). Pub. L. 111–330 made technical amendment to reference in original act which appears in text as reference to section 3802(b)(2) of this title. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2010 AMENDMENT Pub. L. 111–330, § 1, Dec. 22, 2010, 124 Stat. 3569, pro- vided that the amendment made by section 1(19) is ef- fective with the enactment of Pub. L. 111–281. § 3802. Covered vessels (a) Included vessel Except as provided in subsection (b), after the Convention enters into force for the United States, the following vessels are subject to the requirements of this chapter: (1) A vessel documented under chapter 121 of title 46 or one operated under the authority of the United States, wherever located. (2) Any vessel permitted by a Federal agency to operate on the Outer Continental Shelf. (3) Any other vessel when— (A) in the internal waters of the United States; (B) in any port, shipyard, offshore ter- minal, or other place in the United States; (C) lightering in the territorial sea; or (D) to the extent consistent with inter- national law, anchoring in the territorial sea of the United States. (b) Excluded vessels (1) In general The following vessels are not subject to the requirements of this chapter: (A) Any warship, naval auxiliary, or other vessel owned or operated by a foreign state, and used, for the time being, only on govern- ment noncommercial service. (B) Except as provided in paragraph (2), any warship, naval auxiliary, or other vessel owned or operated by the United States and used for the time being only on government noncommercial service. (2) Application to United States government vessels (A) In general The Administrator may apply any require- ment of this chapter to one or more classes of vessels described in paragraph (1)(B), if the head of the Federal department or agen- cy under which those vessels operate concurs in that application. (B) Limitation for combat-related vessel Subparagraph (A) shall not apply to com- bat-related vessels. (Pub. L. 111–281, title X, § 1012, Oct. 15, 2010, 124 Stat. 3024.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in text, was in the original ‘‘this title’’, meaning title X of Pub. L. 111–281, Oct. 15, 2010, 124 Stat. 3023, which enacted this chapter and re- pealed chapter 37 (§ 2401 et seq.) of this title. For com- plete classification of title X to the Code, see Tables.