[Code of Federal Regulations]
[Title 43, Volume 1]
[Revised as of October 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 43CFR29.1]

[Page 467-468]
 
                    TITLE 43--PUBLIC LANDS: INTERIOR
 
PART 29--TRANS-ALASKA PIPELINE LIABILITY FUND--Table of Contents
 
Sec. 29.1  Definitions.

    As used in this part:
    (a) Act means the Trans-Alaska Pipeline Authorization Act, title II 
of Public Law 93-153, 43 U.S.C. secs. 1651, et seq.
    (b) Affiliated means:
    (1) Any person owned or effectively controlled by the vessel Owner 
or Operators; or
    (2) Any person that effectively controls or has the power to 
effectively control the vessel Owner or Operator by--
    (i) Stock interest, or
    (ii) Representation on a board of directors or similar body, or
    (iii) Contract or other agreement with other stockholders, or
    (iv) Otherwise, or;
    (3) Any person which is under common ownership or control with the 
vessel Owner or Operator.
    (c) Claim means a demand in writing for payment for damage allegedly 
caused by an incident.
    (d) Contact person means a person designated by the Owner or 
Operator and identified to the Fund Administrator and the National 
Response Center operated by the Coast Guard as the official

[[Page 468]]

responsible for coordinating with the Fund the resolution of claims 
filed as a result of a TAPS oil spill.
    (e) Damage or damages means any economic loss, arising out of or 
directly resulting from an incident, including but not limited to:
    (1) Removal costs;
    (2) Injury to, or destruction of, real or personal property;
    (3) Loss of use of real or personal property;
    (4) Injury to, or destruction of, natural resources;
    (5) Loss of use of natural resources; or
    (6) Loss of profits or impairment of earning capacity due to injury 
or destruction of real or personal property or natural resources, 
including loss of subsistence hunting, fishing and gathering 
opportunities.
    (f) Fund means the Trans-Alaska Pipeline Liability Fund established 
as a non-profit corporate entity by section 204(c)(4) of the Trans-
Alaska Pipeline Authorization Act.
    (g) Guarantor means the person, other than the Owner or Operator who 
provides evidence of financial responsibility for an Owner or Operator, 
and includes an underwriter, insurer or surety company.
    (h) Incident (or ``spill'') means a discharge of oil from a vessel 
which is carrying TAPS oil loaded on that vessel at the terminal 
facilities of the Pipeline and which:
    (1) Violates applicable water quality standards, or
    (2) Causes a film or sheen upon or discoloration of the surface of 
the water or adjoining shorelines or causes a sludge or emulsion to be 
deposited beneath the surface of the water or upon adjoining shorelines.
    (i) Operator of the Pipeline means the common agent designated by 
the Permittees to operate the Pipeline.
    (j) Owner of the oil means the Owner of TAPS oil at the time that 
such oil is loaded on a vessel at the terminal facilities of the 
Pipeline.
    (k)(1) Owner means, in the case of a vessel, the person owning the 
vessel carrying TAPS oil at the time of an incident, and
    (2) Operator means, in the case of a vessel, the person operating, 
or chartering by demise, the vessel carrying TAPS oil at the time of an 
incident.
    (l) Person means an individual, a corporation, a partnership, an 
association, a joint stock company, a business trust, an unincorporated 
organization, or a Government entity.
    (m) Person in charge of the vessel means the individual on board the 
vessel with the ultimate responsibility for vessel navigation and 
operations.
    (n) Permittees means the holders of the Pipeline right-of-way for 
the Trans-Alaska Pipeline System.
    (o) Pipeline means any Pipeline in the Trans-Alaska Pipeline System.
    (p) Secretary means the Secretary of the Interior or an authorized 
representative of the Secretary.
    (q) TAPS oil means oil which was transported through the Trans-
Alaska Pipeline and loaded on a vessel at the terminal facilities of the 
Pipeline.
    (r) Terminal facilities means those facilities of the Trans-Alaska 
Pipeline System at which oil is taken from the Pipeline and loaded on 
vessels or placed in storage for future loading onto vessels.
    (s) Trans-Alaska Pipeline System or System means any Pipeline or 
terminal facilities constructed by the Permittees under the authority of 
the Act.
    (t) United States includes the various States of the United States, 
the District of Columbia, the Commonwealth of Puerto Rico, the Canal 
Zone, Guam, the Virgin Islands, American Samoa, the Commonwealth of the 
Northern Mariana Islands, and the Trust Territory of the Pacific 
Islands.
    (u) Vessel means any type of water-craft or other artificial 
contrivance, used or capable of being used as a means of transportation 
on water, which is engaged in any segment of transportation between the 
terminal facilities of the Pipeline and ports under the jurisdiction of 
the United States, and which is carrying TAPS oil.