§3801 — Title 33 Navigation and Navigable Waters | U.S. Code

Summary

Defines key words used later in the chapter. Administrator — the head of the Environmental Protection Agency. Antifouling system — a coating, paint, surface, or device put on a vessel to stop organisms from attaching. Convention — the International Convention on the Control of Harmful Anti‑Fouling Systems on Ships, 2001, including its annexes and any amendments in force for the United States. FPSO — a floating production, storage, or offloading unit. FSU — a floating storage unit. Gross tonnage — the tonnage measured as set out in chapter 143 of title 46 using the rules in annex 1 of the International Convention on Tonnage Measurement of Ships, 1969. International voyage — a trip by a vessel with one country’s flag to or from a place under another country’s jurisdiction. Organotin — a tin‑based compound used as a biocide in antifouling systems. Person — an individual, business, group, or government entity, including U.S. departments or agencies (except as provided in section 3802(b)(2) of this title). Secretary — the head of the department that the Coast Guard operates under. Sell or distribute — any way of offering, selling, holding, shipping, importing, exporting, or delivering. Vessel — the meaning in section 3 of title 1, including hydrofoils, hovercraft, submersibles, floating craft, platforms, FSUs, and FPSOs. Territorial sea — as described in Presidential Proclamation No. 5928 on December 27, 1988. United States — the States, the District of Columbia, Puerto Rico, Guam, American Samoa, the Virgin Islands, the Commonwealth of the Northern Marianas, and any other U.S. territory or possession. Use — includes applying, reapplying, installing, or otherwise employing an antifouling system.

Title 33, §3801

Navigation and Navigable Waters — Source: USLM XML via OLRC

In this chapter:

(1)The term “Administrator” means the Administrator of the Environmental Protection Agency.

(2)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)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.

(4)The term “FPSO” means a floating production, storage, or offloading unit.

(5)The term “FSU” means a floating storage unit.

(6)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)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.

(8)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)The term “person” means—

(A)any individual, partnership, association, corporation, or organized group of persons whether incorporated or not;

(B)any department, agency, or instrumentality of the United States, except as provided in section 3802(b)(2) of this title; or

(C)any other government entity.

(10)The term “Secretary” means the Secretary of the department in which the Coast Guard is operating.

(11)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.

(12)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.

(13)The term “territorial sea” means the territorial sea as described in Presidential Proclamation No. 5928 on December 27, 1988.

(14)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.

(15)The term “use” includes application, reapplication, installation, or any other employment of an antifouling system.

Notes & Related Subsidiaries

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 repealed chapter 37 (§ 2401 et seq.) of this title. For complete 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, provided that the amendment made by section 1(19) is effective with the enactment of Pub. L. 111–281.

§3801 Definitions