§ 2402. — Definitions.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 33USC2402]
TITLE 33--NAVIGATION AND NAVIGABLE WATERS
CHAPTER 37--ORGANOTIN ANTIFOULING PAINT CONTROL
Sec. 2402. Definitions
For purposes of this chapter:
(1) The term ``Administrator'' means the Administrator of the
Environmental Protection Agency.
(2) The term ``antifouling paint'' means a coating, paint, or
treatment that is applied to a vessel to control fresh water or
marine fouling organisms.
(3) The term ``estuary'' means a body of water having an
unimpaired connection with open sea, where the sea water is
measurably diluted with fresh water derived from land drainage, and
such term includes the Chesapeake Bay and estuary-type areas of the
Great Lakes.
(4) The term ``organotin'' means any compound of tin used as a
biocide in an antifouling paint.
(5) The term ``person'' means any individual, and partnership,
association, corporation, or organized group of persons whether
incorporated or not, or any government entity, including the
military.
(6) The term ``qualified antifouling paint containing
organotin'' means an antifouling paint containing organotin that--
(A) is allowed to be used under the terms of the final
decision referred to in section 12(c); or
(B) until such final decision takes effect, is certified by
the Administrator under section 2405 of this title as having a
release rate of not more than 4.0 micrograms per square
centimeter per day.
(7) The term ``release rate'' means the rate at which organotin
is released from an antifouling paint over the long term, as
determined by the Administrator, using--
(A) the American Society for Testing Materials (ASTM)
standard test method which the Environmental Protection Agency
required in its July 29, 1986, data call-in notice on
tributyltin compounds used in antifouling paints; or
(B) any similar test method specified by the Administrator.
(8) The term ``retail'' means the transfer of title to tangible
personal property other than for resale, after manufacturing or
processing.
(9) The term ``Secretary'' means the Secretary of the Navy.
(10) The term ``State'' means a State of the United States, the
District of Columbia, the Commonwealth of Puerto Rico, the
Commonwealth of the Northern Mariana Islands, or any territory or
possession of the United States.
(11) The term ``vessel'' includes every description of
watercraft or other artificial contrivance used, or capable of being
used, as a means of transportation on water.
(Pub. L. 100-333, Sec. 3, June 16, 1988, 102 Stat. 605.)
References in Text
Section 12(c), referred to in par. (6)(A), is section 12(c) of Pub.
L. 100-333, which is set out as a note under section 2401 of this title.