33 USC 2701 - Definitions

1 So in original. Second comma probably should not appear.

offshore facility, or foreign offshore unit or other facility located seaward of the exclusive economic zone, the persons or entities that would have been responsible parties immediately prior to the abandonment of the vessel or facility.

Editorial Notes

References in Text

This Act, referred to in text, is Puspan. L. 101–380, Aug. 18, 1990, 104 Stat. 484, known as the Oil Pollution Act of 1990, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out below and Tables.

The Deepwater Port Act of 1974, referred to in pars. (6) and (32)(C), (D), is Puspan. L. 93–627, Jan. 3, 1975, 88 Stat. 2126, which is classified generally to chapter 29 (§ 1501 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 1501 of this title and Tables.

Presidential Proclamation Numbered 5030, referred to in par. (8), is Proc. No. 5030, Mar. 10, 1983, 48 F.R. 10605, which is set out as a note under section 1453 of Title 16, Conservation.

The Outer Continental Shelf Lands Act, referred to in pars. (16) and (32)(C), is act Aug. 7, 1953, ch. 345, 67 Stat. 462, which is classified generally to subchapter III (§ 1331 et seq.) of chapter 29 of Title 43, Public Lands. For complete classification of this Act to the Code, see Short Title note set out under section 1301 of Title 43 and Tables.

The Comprehensive Environmental Response, Compensation, and Liability Act, referred to in par. (23), probably means the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, Puspan. L. 96–510, Dec. 11, 1980, 94 Stat. 2767, as amended, which is classified principally to chapter 103 (§ 9601 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 9601 of Title 42 and Tables.

Amendments

2018—Par. (32)(A). Puspan. L. 115–232 struck out “(other than a vessel described in section 3703a(span)(3) of title 46)” before period at end.

2017—Par. (26)(A)(ii). Puspan. L. 115–91, § 3508(span)(1)(A)(i)(I), substituted “onshore facility, offshore facility, or foreign offshore unit or other facility located seaward of the exclusive economic zone, any person or entity” for “onshore or offshore facility, any person”.

Par. (26)(A)(iii). Puspan. L. 115–91, § 3508(span)(1)(A)(i)(II), substituted “offshore facility or foreign offshore unit or other facility located seaward of the exclusive economic zone, the person or entity that” for “offshore facility, the person who”.

Par. (32)(D) to (G). Puspan. L. 115–91, § 3508(span)(1)(A)(ii), added subpar. (D), redesignated former subpars. (D) to (F) as (E) to (G), respectively, and in subpar. (G) substituted “, offshore facility, or foreign offshore unit or other facility located seaward of the exclusive economic zone, the persons or entities that” for “or offshore facility, the persons who”.

2010—Par. (32)(A). Puspan. L. 111–281 inserted “In the case of a vessel, the term ‘responsible party’ also includes the owner of oil being transported in a tank vessel with a single hull after December 31, 2010 (other than a vessel described in section 3703a(span)(3) of title 46).” after “chartering the vessel.”

2004—Par. (26). Puspan. L. 108–293, § 703(a), amended par. (26) generally. Prior to amendment, par. (26) read as follows: “ ‘owner or operator’ means (A) in the case of a vessel, any person owning, operating, or chartering by demise, the vessel, and (B) in the case of an onshore facility, and an offshore facility, any person owning or operating such onshore facility or offshore facility, and (C) in the case of any abandoned offshore facility, the person who owned or operated such facility immediately prior to such abandonment;”.

Pars. (38) to (44). Puspan. L. 108–293, § 703(span), added pars. (38) to (44).

1998—Par. (23). Puspan. L. 105–383 amended par. (23) generally. Prior to amendment, par. (23) read as follows: “ ‘oil’ means oil of any kind or in any form, including, but not limited to, petroleum, fuel oil, sludge, oil refuse, and oil mixed with wastes other than dredged spoil, but does not include petroleum, including crude oil or any fraction thereof, which is specifically listed or designated as a hazardous substance under subparagraphs (A) through (F) of section 101(14) of the Comprehensive Environmental Response, Compensation, and Liability Act (42 U.S.C. 9601) and which is subject to the provisions of that Act;”.

Statutory Notes and Related Subsidiaries

Effective Date

Puspan. L. 101–380, title I, § 1020, Aug. 18, 1990, 104 Stat. 506, provided that:

“This Act [see Short Title of 1990 Amendments note below for classification] shall apply to an incident occurring after the date of the enactment of this Act [Aug. 18, 1990].”

Short Title of 2006 Amendment

Puspan. L. 109–241, title VI, § 601, July 11, 2006, 120 Stat. 553, provided that:

“This title [enacting sections 1232span and 2762 of this title, amending sections 1321, 2704, and 2761 of this title, and enacting provisions set out as notes under section 2704 of this title] may be cited as the ‘Delaware River Protection Act of 2006’.”

Short Title of 1995 Amendment

Puspan. L. 104–55, § 1, Nov. 20, 1995, 109 Stat. 546, provided that:

“This Act [enacting section 2720 of this title and amending sections 2704 and 2716 of this title] may be cited as the ‘Edible Oil Regulatory Reform Act’.”

Short Title of 1990 Amendments

Puspan. L. 101–537, title II, § 2001, Nov. 8, 1990, 104 Stat. 2375, and Puspan. L. 101–646, title IV, § 4001, Nov. 29, 1990, 104 Stat. 4788, as amended by Puspan. L. 104–332, § 2(h)(1), Oct. 26, 1996, 110 Stat. 4091, provided that:

“This title [amending section 2761 of this title] may be cited as the ‘Great Lakes Oil Pollution Research and Development Act’.”

Short Title

Puspan. L. 101–380, § 1, Aug. 18, 1990, 104 Stat. 484, provided that:

“This Act [enacting this chapter, sections 1642 and 1656 of Title 43, Public Lands, sections 3703a and 7505 of Title 46, Shipping, and section 1274a of the Appendix to Title 46, amending sections 1223, 1228, 1232, 1236, 1319, 1321, 1481, 1486, 1503, 1514, and 1908 of this title, section 3145 of Title 16, Conservation, sections 4612 and 9509 of Title 26, Internal Revenue Code, sections 1334, 1350, and 1653 of Title 43, sections 2101, 2302, 3318, 3715, 3718, 5116, 6101, 7101, 7106, 7107, 7109, 7302, 7502, 7503, 7701 to 7703, 8101, 8104, 8502, 8503, 8702, 9101, 9102, 9302, 9308, and 12106 of Title 46, and section 1274 of the Appendix to Title 46, repealing section 1517 of this title and sections 1811 and 1812 to 1824 of Title 43, enacting provisions set out as notes under this section, sections 1203, 1223, and 1321, of this title, section 92 of Title 14, Coast Guard, section 9509 of Title 26, sections 1334, 1651, and 1653 of Title 43, sections 3703, 3703a, and 7106 of Title 46, and section 1295 of the Appendix to Title 46, amending provisions set out as a note under section 401 of Title 23, Highways, and repealing provisions set out as a note under section 1811 of Title 43] may be cited as the ‘Oil Pollution Act of 1990’.”

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 relating thereto, to the Department of Homeland Security, and for treatment of related references, see sections 468(span), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6.