§ 2714. — Designation of source and advertisement.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 33USC2714]
TITLE 33--NAVIGATION AND NAVIGABLE WATERS
CHAPTER 40--OIL POLLUTION
SUBCHAPTER I--OIL POLLUTION LIABILITY AND COMPENSATION
Sec. 2714. Designation of source and advertisement
(a) Designation of source and notification
When the President receives information of an incident, the
President shall, where possible and appropriate, designate the source or
sources of the discharge or threat. If a designated source is a vessel
or a facility, the President shall immediately notify the responsible
party and the guarantor, if known, of that designation.
(b) Advertisement by responsible party or guarantor
(1) If a responsible party or guarantor fails to inform the
President, within 5 days after receiving notification of a designation
under subsection (a) of this section, of the party's or the guarantor's
denial of the designation, such party or guarantor shall advertise the
designation and the procedures by which claims may be presented, in
accordance with regulations promulgated by the President. Advertisement
under the preceding sentence shall begin no later than 15 days after the
date of the designation made under subsection (a) of this section. If
advertisement is not otherwise made in accordance with this subsection,
the President shall promptly and at the expense of the responsible party
or the guarantor involved, advertise the designation and the procedures
by which claims may be presented to the responsible party or guarantor.
Advertisement under this subsection shall continue for a period of no
less than 30 days.
(2) An advertisement under paragraph (1) shall state that a claimant
may present a claim for interim, short-term damages representing less
than the full amount of damages to which the claimant ultimately may be
entitled and that payment of such a claim shall not preclude recovery
for damages not reflected in the paid or settled partial claim.
(c) Advertisement by President
If--
(1) the responsible party and the guarantor both deny a
designation within 5 days after receiving notification of a
designation under subsection (a) of this section,
(2) the source of the discharge or threat was a public vessel,
or
(3) the President is unable to designate the source or sources
of the discharge or threat under subsection (a) of this section,
the President shall advertise or otherwise notify potential claimants of
the procedures by which claims may be presented to the Fund.
(Pub. L. 101-380, title I, Sec. 1014, Aug. 18, 1990, 104 Stat. 501; Pub.
L. 104-324, title XI, Sec. 1142(c), Oct. 19, 1996, 110 Stat. 3991.)
Amendments
1996--Subsec. (b). Pub. L. 104-324 designated existing provisions as
par. (1) and added par. (2).
Delegation of Functions
Functions of President under this section delegated to Secretary of
Department in which Coast Guard is operating by section 7(d)(2) of Ex.
Ord. No. 12777, Oct. 18, 1991, 56 F.R. 54768, set out as a note under
section 1321 of this title.
Section Referred to in Other Sections
This section is referred to in section 2713 of this title.
