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U.S. Code as of:
01/19/04
Section 2714. Designation of source and advertisement
(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 this section, 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) of this section. 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 President
If -
(1) the responsible party and the guarantor both deny a
designation within 5 days after receiving notification of a
designation under subsection (a) of this section,
(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) of this section,
the President shall advertise or otherwise notify potential
claimants of the procedures by which claims may be presented to the
Fund.
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