640 



1474. 

 1475. 

 1476. 

 1477. 

 1478. 

 1479. 



1480. 

 1481. 

 1482. 

 1483. 

 1484. 



1485. 

 1486. 

 1487. 



Federal intervention actions. 



Consultation procedure. 



Emergencies. 



Reasonable measures: considerations. 



Personal, flag state, and foreign state considerations. 



Federal liability for unreasonable damages; juris- 

 diction. 



Notification by Secretary of State. 



Violations; penalties. 



Experts and arbitrators; nomination. 



Foreign Government ships; Immunity. 



Interpretation and administration; other right, 

 duty, privilege, or Immunity and other remedy 

 unaffected. 



Rules and regulations. 



Revolving fund for Federal actions and activities. 



Effective date. 



§1471. Definitions. 

 As used in this chapter — 



(1) "ship" means — 



(A) any seagoing vessel of any type what- 

 soever, and 



(B) any floating craft, except an installation 

 or device engaged in the exploration and ex- 

 ploitation of the resources of the seabed and 

 the ocean floor and the subsoil thereof; 



(2) "oil" means crude oil, fuel oil, diesel oil, and 

 lubricating oil; 



(3) "convention" means the International Con- 

 vention Relating to Intervention on the High Seas 

 In Cases of Oil Pollution Casualties, 1969; 



(4) "Secretary" means the Secretary of the de- 

 partment in which the Coast Guard is operating; 

 and 



<5) "United States" means the States, the Dis- 

 trict of Columbia, the Commonwealth of Puerto 

 Rico, jthe Canal Zone, Gu'm. American Samoa, 

 ths virgin Islands, and the Trust Territory of the 

 Pac^^ic Islands. 

 (Pub. lNr^-248, § 2, Feb. 5, 1974, 88 Stat. 8.) 



§1472. GrSvehnd imminent danger from oil pollution 

 casualties, to coastline or related interests of 

 United StAtes; Federal nonliability for Federal 

 preventive measures on the hiRh seas. 



Whenever a ship collision, stranding, or other in- 

 cident 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 re- 

 lated interests of the United States from pollution or 

 threat of pollution of the sea by 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, or to underwriters or other 

 parties interested therein, take measures on the high 

 seas, in accordance with the provisions of the Con- 

 vention and this chapter, to preveat, mitigate, or 

 eliminate that danger. (Pub. L. 93-248, §3, Feb. 5, 

 1974, 88 Stat. 8.) 



§ M73. Same; list of Federal interests directly threat- 

 ened or ;ifTected. 



In determining whether there is grave and Im- 



minent danger of major harmful consequences to the 

 coastline or related Interests of the United States, 

 the Secretary "shall consider the interests of the 

 United States directly threatened or affected includ- 

 ing but not limited to, fish, shellfish, and other liv- 

 ing marine resources, wildlife, coastal zone and 

 estuarine activities, and public and private shore- 

 lines and beaches. (Pub. L. 93-248, § 4, Feb. 5, 1974, 

 88 Stat. 9.) 



§ 1474. Federal intervention actions. 



Upon a determination under section 1472 of this 

 title of a grave and imminent danger to the coast- 

 line or related interests of the United States, the 

 Secretai-y may — 



(1) coordinate and direct all public and private 

 efforts directed at the removal or elimination of 

 the threatened pollution damage; 



(2) directly or indirectly undertake the whole 

 or any part of any salvage or other action he 

 could require or direct under subsection (1) of 

 this section; and 



(3) remove, and, if necessary, destroy the ship 

 and cargo which is the source of the danger. 



(Pub. L. 93-248, § 5, Feb. 5, 1974, 88 Stat. 9.) 



§1475. Consul ation procedure. 



Before taking any measure under section 1474 of 

 this title, the Secretary shall — 



(1) consult, through the Secretary of State, 

 with other countries affected by the mari..e casu- 

 alty, and particularly with the flag country of any 

 ship involved; 



(2) notify without delay the Administrator of 

 the Environmental Protection Agency and any 

 other persons known to the Secretary, or of whom 

 he later becomes aware, who have interests which 

 can reasonably be expected to be affected by any 

 proiDosed measures; and 



(3) consider any views submitted in response 

 to the consultation or notification required by sub- 

 sections (1) and (2) of this section. 



(Pub. L. 93-248, § 6, Feb. 5, 1974, 88 Stat. 9.) 



§ 1476. Emergencies. 



In cases of extreme urgency requiring measures to 

 be taken immediately, the Secretary may tnke those 

 measures rendered necessary by the urgency of the 

 situation without the prior consultation or notifica- 

 tion as required by section 1475 of this title or with- 

 out the continuation of consultations already begun. 

 (Pub. L. 93-248, § 7, Feb. 5, 1974, 88 Stat. 9.) 



§ 1477. Reasonable measures; considerations. 



(a) Measures directed or conducted under this 

 chapter shall be proportionate to the damage actual 

 or threatened, to the coastline or r^l-^ted interests of 

 the United States and may not go beyond what is 

 reasonably necessary to prevent, mitigate, or elimi- 

 nate that damage. 



(b) In considering whether measures are propor- 



