U.S. Code » Title 33 » Chapter CHAPTER 40— OIL POLLUTION › Subchapter SUBCHAPTER I— OIL POLLUTION LIABILITY AND COMPENSATION

33 U.S.C. § 2714

Designation of source and advertisement

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(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 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). 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 PresidentIf—(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. 101–380, title I, § 1014, Aug. 18, 1990, 104 Stat. 501; Pub. L. 104–324, title XI, § 1142(c), Oct. 19, 1996, 110 Stat. 3991.)Editorial NotesAmendments

1996—Subsec. (b). Pub. L. 104–324 designated existing provisions as par. (1) and added par. (2).

Executive DocumentsDelegation 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.

Notes of Decisions
Cited in 11 cases (1 in the last 5 years), 1994–2023 · leading case: Settoon Towing, L.L.C. v. Marquette Transportation Co.
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Settoon Towing, L.L.C. v. Marquette Transportation Co. (2017) ca5 · cites it 2× “” 33 U.S.C. § 2714 (a). In 1991, the President delegated that duty to the Coast Guard.”
Smith Property Holdings, 4411 Connecticut L.L.C. v. United States (2004) dcd · cites it 3× “First, the NPFC rejected Smith’s argument that the Coast Guard’s failure to designate a source of the oil spill pursuant to 33 U.S.C. § 2714 (a), established that Smith was not a responsible party, noting that “[fjailure to designate a source and its owner or operator does not…”
Chuc Nguyen v. American Commercial Lines, L (2015) ca5 “” 33 U.S.C. § 2714 (b)(1). ACL then points to 33 C.”
Marathon Pipe Line Co. v. LaROCHE INDUSTRIES INC. (1996) laed “§ 2701 (32)(E) 2 or that the Coast Guard has not designated a source pursuant to 33 U.S.C. § 2714 which would make LaRoehe a “responsible party.”
Boca Ciega Hotel, Inc. v. Bouchard Transportation Co. (1994) flmd “le party and each person to whom the claim is presented denies all liability for the claim or (emphasis supplied by court) the claim is not settled by any person by payment within 90 days after the date upon which: (A) the claim was presented, or (B) advertising was begun…”
Glynn County, Georgia v. GL NV24 Shipping Inc. (2023) gasd · cites it 6× “” 33 U.S.C. § 2714 (a).2 • The NPFC “immediately notif[ies] the responsible party and the guarantor, if known,” of the source.”
United States v. Murphy Exploration & Production Co. (1996) laed · cites it 2× “SECTION 2714 DESIGNATION Murphy’s challenge to the lack of formal designation under 33 U.S.C. § 2714 is also unpersuasive. The Court agrees with the government that Section 2714 does not require designation of the source of the discharge when it provides: “.”
D&B Boat Rentals Inc v. National Pollution Funds Center (2020) laed “, 33 U.S.C. § 2714 (describing the tasks the executive must take upon notification of an incident, including designating the source or sources of discharge and notifying the responsible party).”
American Steamship Owners Mutual Protection and Indemnity Association, Inc. v. United States of America (2020) nyed “Responsible Party and Vendors BMT accepted designation as a responsible party under the OPA, 33 U.S.C. § 2714 , for the December 2012 oil spill.”
Chuc Nguyen v. American Commercial Lines, L (2015) ca5 “” 33 U.S.C. § 2714 (b)(1). ACL then points to 33 C.”
Chuc Nguyen v. American Commercial Lines, L (2015) ca5 “” 33 U.S.C. § 2714 (b)(1). ACL then points to 33 C.”
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