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2026-07-06 10:51:44 -04:00

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LegalText 33 U.S.C. § 2714 Designation of source and advertisement us united_states_code code_section 33 NAVIGATION AND NAVIGABLE WATERS 40 OIL POLLUTION 2714 33 U.S.C. § 2714 current 119-100 2026-06-26 official https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc33@119-100.zip /us/usc/t33/s2714 data/legal/raw/us/code/title-33/usc33.xml adde318f5153203f918d33962a689fe8559388debfe9cef1f86673a9fc17175c de3d130b31eae77f8c0fc593f61b7287899297718d678d500eea123559828523 c9ac65c69468d63d70ee0dade0d4d3c83333b1db2a0db10e9633eff53026d575 2026-07-04 official
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33 U.S.C. § 2714 - Designation of source and advertisement

Text

(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 the partys or the guarantors 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). 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),

(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),

the President shall advertise or otherwise notify potential claimants of the procedures by which claims may be presented to the Fund.

(Pub. L. 101380, title I, § 1014, Aug. 18, 1990, 104 Stat. 501; Pub. L. 104324, title XI, § 1142(c), Oct. 19, 1996, 110 Stat. 3991.)

Notes

Editorial Notes

Amendments1996—Subsec. (b). Pub. L. 104324 designated existing provisions as par. (1) and added par. (2).

Executive Documents

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.