Sec. 3. Definitions
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In this Act: The term Administrator means the Administrator of the Environmental Protection Agency. The term calendar quarter means a period of 3 calendar months that ends on, as applicable, March 31, June 30, September 30, or December 31 of the applicable calendar year. The term cargo or freight does not include— passengers transported for compensation or hire; fuel intended for use in propelling or powering a vessel; ship's stores; sea stores; or the legitimate equipment necessary to the operation of a vessel.
The term covered voyage means a voyage— made using a self-propelled vessel of 5,000 gross tonnage or more, the primary purpose of which is transporting cargo or freight; and that begins when the vessel leaves the port of origin and terminates when the offloading operations at the final port of call are completed. The term covered voyage does not include a voyage— that has been included as an OCS source (as defined in subsection (a)(4) of section 328 of the Clean Air Act ( 42 U.S.C. 7627 )) because the voyage has the potential to emit any air pollutant as described in subparagraph (C)(i) of that subsection and is, as a result, regulated pursuant to that section; made for the purposes of transporting military cargo, food aid, or supplies for disaster or emergency relief; or made using a Jones Act vessel.
The term criteria air pollutant is within the meaning of the Clean Air Act ( 42 U.S.C. 7401 et seq. ). The term exclusive economic zone has the meaning given the term in section 107 of title 46, United States Code. The term final port of call , with respect to a covered voyage, means, as applicable— the port in the United States where the vessel making the covered voyage offloaded the last of the cargo or freight of the vessel ultimately bound for the United States that was onboard the vessel on departure from the port of origin; or if the last of the cargo or freight of the vessel ultimately bound for the United States that was onboard the vessel on departure from the port of origin is offloaded in a foreign port, the most recent port of call in the United States prior to offloading the last of the cargo or freight of the vessel that is ultimately bound for the United States.
The term importer means 1 of the parties that qualifies as an importer of record under section 484(a)(2)(B) of the Tariff Act of 1930 ( 19 U.S.C. 1484(a)(2)(B) ). The term intermediate port , with respect to a covered voyage, means each foreign port of call of the vessel of the covered voyage between the port of origin and the initial port of call of the vessel in the United States. The term internal waters has the meaning given the term in section 2.24 of title 33, Code of Federal Regulations (or successor regulations).
The term Jones Act vessel means a documented vessel (as defined in section 106 of title 46, United States Code) with a coastwise endorsement under section 12112 of that title. The term port of origin , with respect to a covered voyage, means the first port of the vessel making the covered voyage after departing which a majority (by mass) of the cargo or freight of the vessel is ultimately bound for the United States. In the case in which a vessel, after departing a final port of call for a covered voyage, is carrying cargo the majority (by mass) of which is ultimately bound for the United States— the vessel shall be considered to be making a new covered voyage; and the term port of origin for the new covered voyage shall be considered to be the same as the final port of call for the previous covered voyage.
The term territorial sea has the meaning given the term in section 2.22 of title 33, Code of Federal Regulations (or successor regulations). The term ultimately bound for the United States , with respect to cargo or freight, includes— all cargo or freight that is offloaded in the United States by a vessel making a covered voyage; and all cargo or freight that is— initially offloaded at an intermediate port; and subsequently transported to the United States by sea, land, or air.
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