U.S. Code of Federal Regulations
Regulations most recently checked for updates: Aug 24, 2019
As used in this part:
(a) Act means the Trans-Alaska Pipeline Authorization Act, title II of Public Law 93-153, 43 U.S.C. secs. 1651, et seq.
(b) Affiliated means:
(1) Any person owned or effectively controlled by the vessel Owner or Operators; or
(2) Any person that effectively controls or has the power to effectively control the vessel Owner or Operator by -
(i) Stock interest, or
(ii) Representation on a board of directors or similar body, or
(iii) Contract or other agreement with other stockholders, or
(iv) Otherwise, or;
(3) Any person which is under common ownership or control with the vessel Owner or Operator.
(c) Claim means a demand in writing for payment for damage allegedly caused by an incident.
(d) Contact person means a person designated by the Owner or Operator and identified to the Fund Administrator and the National Response Center operated by the Coast Guard as the official responsible for coordinating with the Fund the resolution of claims filed as a result of a TAPS oil spill.
(e) Damage or damages means any economic loss, arising out of or directly resulting from an incident, including but not limited to:
(1) Removal costs;
(2) Injury to, or destruction of, real or personal property;
(3) Loss of use of real or personal property;
(4) Injury to, or destruction of, natural resources;
(5) Loss of use of natural resources; or
(6) Loss of profits or impairment of earning capacity due to injury or destruction of real or personal property or natural resources, including loss of subsistence hunting, fishing and gathering opportunities.
(f) Fund means the Trans-Alaska Pipeline Liability Fund established as a non-profit corporate entity by section 204(c)(4) of the Trans-Alaska Pipeline Authorization Act.
(g) Guarantor means the person, other than the Owner or Operator who provides evidence of financial responsibility for an Owner or Operator, and includes an underwriter, insurer or surety company.
(h) Incident (or “spill”) means a discharge of oil from a vessel which is carrying TAPS oil loaded on that vessel at the terminal facilities of the Pipeline and which:
(1) Violates applicable water quality standards, or
(2) Causes a film or sheen upon or discoloration of the surface of the water or adjoining shorelines or causes a sludge or emulsion to be deposited beneath the surface of the water or upon adjoining shorelines.
(i) Operator of the Pipeline means the common agent designated by the Permittees to operate the Pipeline.
(j) Owner of the oil means the Owner of TAPS oil at the time that such oil is loaded on a vessel at the terminal facilities of the Pipeline.
(k)(1) Owner means, in the case of a vessel, the person owning the vessel carrying TAPS oil at the time of an incident, and
(2) Operator means, in the case of a vessel, the person operating, or chartering by demise, the vessel carrying TAPS oil at the time of an incident.
(l) Person means an individual, a corporation, a partnership, an association, a joint stock company, a business trust, an unincorporated organization, or a Government entity.
(m) Person in charge of the vessel means the individual on board the vessel with the ultimate responsibility for vessel navigation and operations.
(n) Permittees means the holders of the Pipeline right-of-way for the Trans-Alaska Pipeline System.
(o) Pipeline means any Pipeline in the Trans-Alaska Pipeline System.
(p) Secretary means the Secretary of the Interior or an authorized representative of the Secretary.
(q) TAPS oil means oil which was transported through the Trans-Alaska Pipeline and loaded on a vessel at the terminal facilities of the Pipeline.
(r) Terminal facilities means those facilities of the Trans-Alaska Pipeline System at which oil is taken from the Pipeline and loaded on vessels or placed in storage for future loading onto vessels.
(s) Trans-Alaska Pipeline System or System means any Pipeline or terminal facilities constructed by the Permittees under the authority of the Act.
(t) United States includes the various States of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Canal Zone, Guam, the Virgin Islands, American Samoa, the Commonwealth of the Northern Mariana Islands, and the Trust Territory of the Pacific Islands.
(u) Vessel means any type of water-craft or other artificial contrivance, used or capable of being used as a means of transportation on water, which is engaged in any segment of transportation between the terminal facilities of the Pipeline and ports under the jurisdiction of the United States, and which is carrying TAPS oil.