Collapse to view only § 3803. Administration and enforcement
- § 3801. Definitions
- § 3802. Covered vessels
- § 3803. Administration and enforcement
- § 3804. Compliance with international law
- § 3805. Utilization of personnel, facilities or equipment of other Federal departments and agencies
The term “Administrator” means the Administrator of the Environmental Protection Agency.
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.
The term “Convention” means the International Convention on the Control of Harmful Anti-Fouling Systems on Ships, 2001, including its annexes, and including any amendments to the Convention or annexes which have entered into force for the United States.
The term “FPSO” means a floating production, storage, or offloading unit.
The term “FSU” means a floating storage unit.
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.
The term “international voyage” means a voyage by a vessel entitled to fly the flag of one country to or from a port, shipyard, offshore terminal, or other place under the jurisdiction of another country.
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.
The term “Secretary” means the Secretary of the department in which the Coast Guard is operating.
The term “sell or distribute” means to distribute, sell, offer for sale, hold for distribution, hold for sale, hold for shipment, ship, deliver for shipment, release for shipment, import, export, hold for import, hold for export, or receive and (having so received) deliver or offer to deliver.
The term “vessel” has the meaning given that term in section 3 of title 1, including hydrofoil boats, air cushion watercraft, submersibles, floating craft, fixed or floating platforms, floating storage units, and floating production, storage, and offloading units.
The term “territorial sea” means the territorial sea as described in Presidential Proclamation No. 5928 on December 27, 1988.
The term “United States” means the several States of the United States, the District of Columbia, 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.
The term “use” includes application, reapplication, installation, or any other employment of an antifouling system.
The Administrator may apply any requirement of this chapter to one or more classes of vessels described in paragraph (1)(B), if the head of the Federal department or agency under which those vessels operate concurs in that application.
Subparagraph (A) shall not apply to combat-related vessels.
Unless otherwise specified in this chapter, with respect to a vessel, the Secretary shall administer and enforce the Convention and this chapter.
Except with respect to section 3841(b) and (c) of this title, the Administrator shall administer and enforce subchapter III.
The Administrator and the Secretary may each prescribe and enforce regulations as may be necessary to carry out their respective responsibilities under this chapter.
Any action taken under this chapter shall be taken in accordance with treaties to which the United States is a party and other international obligations of the United States.
The Secretary and the Administrator may utilize by agreement, with or without reimbursement, personnel, facilities, or equipment of other Federal departments and agencies in administering the Convention, this chapter, or any regulations prescribed under this chapter.