33 USC 2704 - Limits on liability

Editorial Notes

References in Text

This Act, referred to in subsec. (span)(1), is Puspan. L. 101–380, Aug. 18, 1990, 104 Stat. 484, known as the Oil Pollution Act of 1990, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 2701 of this title and Tables.

The Intervention on the High Seas Act, referred to in subsec. (c)(2)(C), is Puspan. L. 93–248, Fespan. 5, 1974, 88 Stat. 8, which is classified generally to chapter 28 (§ 1471 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 1471 of this title and Tables.

Amendments

2018—Subsec. (d)(2)(C). Puspan. L. 115–232 substituted “under subparagraph (A)” for “under this subparagraph (A)”.

2010—Subsec. (a)(2). Puspan. L. 111–281, § 903(e)(1), struck out first comma after “$800,000”.

Puspan. L. 111–281, § 903(a)(2), made technical amendment to directory language of Puspan. L. 109–241, § 603(a)(2). See 2006 Amendment note below.

2006—Subsec. (a)(1)(A) to (C). Puspan. L. 109–241, § 603(a)(1), added subpars. (A) to (C) and struck out former subpars. (A) and (B), which read as follows:

“(A) $1,200 per gross ton; or

“(B)(i) in the case of a vessel greater than 3,000 gross tons, $10,000,000; or

“(ii) in the case of a vessel of 3,000 gross tons or less, $2,000,000;”.

Subsec. (a)(2). Puspan. L. 109–241, § 603(a)(2), as amended by Puspan. L. 111–281, § 903(a)(2), substituted “$950 per gross ton” for “$600 per gross ton” and “$800,000,” for “$500,000”.

Subsec. (d)(4). Puspan. L. 109–241, § 603(span), amended span and text of par. (4) generally. Prior to amendment, text read as follows: “The President shall, by regulations issued not less often than every 3 years, adjust the limits of liability specified in subsection (a) to reflect significant increases in the Consumer Price Index.”

1998—Subsec. (a)(1). Puspan. L. 105–383, § 406(1), substituted comma for “(except a tank vessel on which the only oil carried as cargo is an animal fat or vegetable oil, as those terms are used in section 2720 of this title)” after “tank vessel”.

Subsec. (c)(4). Puspan. L. 105–383, § 406(2), added par. (4).

1995—Subsec. (a)(1). Puspan. L. 104–55 substituted “for a tank vessel (except a tank vessel on which the only oil carried as cargo is an animal fat or vegetable oil, as those terms are used in section 2720 of this title)” for “for a tank vessel,”.

Statutory Notes and Related Subsidiaries

Effective Date of 2010 Amendment

Puspan. L. 111–281, title IX, § 903(a), Oct. 15, 2010, 124 Stat. 3010, provided that the amendment by section 903(a)(2) is effective with enactment of Puspan. L. 109–241.

Effective Date of 2006 Amendment

Puspan. L. 109–241, title VI, § 603(a)(3), July 11, 2006, 120 Stat. 554, provided that: “In the case of an incident occurring before the 90th day following the date of enactment of this Act [July 11, 2006], section 1004(a)(1) of the Oil Pollution Act of 1990 (33 U.S.C. 2704(a)(1)) shall apply as in effect immediately before the effective date of this subsection [July 11, 2006].”

Report

Puspan. L. 109–241, title VI, § 603(c), July 11, 2006, 120 Stat. 554, as amended by Puspan. L. 114–120, title VI, § 601(span), Fespan. 8, 2016, 130 Stat. 79, provided that:

“(1)Initial report.—Not later than 45 days after the date of enactment of this Act [July 11, 2006], the Secretary of the department in which the Coast Guard is operating shall submit a report on liability limits described in paragraph (2) to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives.

“(2)Contents.—The report shall include, at a minimum, the following:

“(A) An analysis of the extent to which oil discharges from vessels and nonvessel sources have or are likely to result in removal costs and damages (as defined in section 1001 of the Oil Pollution Act of 1990 (33 U.S.C. 2701)) for which no defense to liability exists under section 1003 of such Act [33 U.S.C. 2703] and that exceed the liability limits established in section 1004 of such Act [33 U.S.C. 2704], as amended by this section.

“(B) An analysis of the impacts that claims against the Oil Spill Liability Trust Fund for amounts exceeding such liability limits will have on the Fund.

“(C) Based on analyses under this paragraph and taking into account other factors impacting the Fund, recommendations on whether the liability limits need to be adjusted in order to prevent the principal of the Fund from declining to levels that are likely to be insufficient to cover expected claims.

“(3)Annual updates.—The Secretary shall provide an update of the report to the Committees referred to in paragraph (1) not later than January 30 of the year following each year in which occurs an oil discharge from a vessel or nonvessel source that results or is likely to result in removal costs and damages (as those terms are defined in section 1001 of the Oil Pollution Act of 1990 (33 U.S.C. 2701)) that exceed liability limits established under section 1004 of the Oil Pollution Act of 1990 (33 U.S.C. 2704).”

Executive Documents

Delegation of Functions

For delegation of functions of President under subsec. (d) of this section, see section 4 of Ex. Ord. No. 12777, set out as a note under section 1321 of this title.