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§ 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.



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