33 U.S.C. § 1472

Current through P.L. 118-78 (published on www.congress.gov on 07/30/2024)
Section 1472 - Grave and imminent danger from oil pollution casualties to coastline or related interests of United States; Federal nonliability for Federal preventive measures on the high seas

Whenever a ship collision, stranding, or other incident of navigation or other occurrence on board a ship or external to it resulting in material damage or imminent threat of material damage to the ship or her cargo creates, as determined by the Secretary, a grave and imminent danger to the coastline or related interests of the United States from pollution or threat of pollution of the sea by convention oil or of the sea or atmosphere by a substance other than convention oil which may reasonably be expected to result in major harmful consequences, the Secretary may, except as provided for in section 1479 of this title, without liability for any damage to the owners or operators of the ship, to her cargo or crew, to underwriters or other parties interested therein, take measures on the high seas, in accordance with the provisions of the convention, the protocol and this chapter, to prevent, mitigate, or eliminate that danger.

33 U.S.C. § 1472

Pub. L. 93-248, §3, Feb. 5, 1974, 88 Stat. 8; Pub. L. 95-302, §1(2), June 26, 1978, 92 Stat. 344.

EDITORIAL NOTES

AMENDMENTS1978- Pub. L. 95-302 substituted "convention oil or of the sea or atmosphere by a substance other than convention oil" for "oil", and "convention, the protocol" for "Convention".

STATUTORY NOTES AND RELATED SUBSIDIARIES

EFFECTIVE DATE OF 1978 AMENDMENT For effective date of amendment by Pub. L. 95-302 see section 2 of Pub. L. 95-302 set out as a note under section 1487 of this title.

Secretary
"Secretary" means the Secretary of the department in which the Coast Guard is operating;
United States
"United States" means the States, the District of Columbia, the Commonwealth of Puerto Rico, the Canal Zone, Guam, American Samoa, the United States Virgin Islands, the Trust Territory of the Pacific Islands, the Commonwealth of the Northern Marianas, and any other commonwealth, territory, or possession of the United States.
a substance other than convention oil
"a substance other than convention oil" means those oils, noxious substances, liquefied gases, and radioactive substances-(A) enumerated in the protocol, or(B) otherwise determined to be hazardous under section 1473(a) of this title;
convention oil
"convention oil" means crude oil, fuel oil, diesel oil, and lubricating oil;
convention
"convention" means the International Convention Relating to Intervention on the High Seas in Cases of Oil Pollution Casualties, 1969, including annexes thereto;
protocol
"protocol" means the Protocol Relating to Intervention on the High Seas in Cases of Marine Pollution by Substances Other Than Oil, 1973, including annexes thereto; and