124 STAT. 3024 PUBLIC LAW 111–281—OCT. 15, 2010 (C) any other government entity. (10) SECRETARY.—The term ‘‘Secretary’’ means the Sec- retary of the department in which the Coast Guard is operating. (11) SELL OR DISTRIBUTE.—The term ‘‘sell or distribute’’ means to distribute, sell, offer for sale, hold for distribution, hold for sale, hold for shipment, ship, deliver for shipment, release for shipment, import, export, hold for import, hold for export, or receive and (having so received) deliver or offer to deliver. (12) VESSEL.—The term ‘‘vessel’’ has the meaning given that term in section 3 of title 1, United States Code, including hydrofoil boats, air cushion watercraft, submersibles, floating craft, fixed or floating platforms, floating storage units, and floating production, storage, and offloading units. (13) TERRITORIAL SEA.—The term ‘‘territorial sea’’ means the territorial sea as described in Presidential Proclamation No. 5928 on December 27, 1988. (14) UNITED STATES.—The term ‘‘United States’’ means the several States of the United States, the District of Columbia, Puerto Rico, Guam, American Samoa, the Virgin Islands, the Commonwealth of the Northern Marianas, and any other terri- tory or possession over which the United States has jurisdiction. (15) USE.—The term ‘‘use’’ includes application, reapplica- tion, installation, or any other employment of an antifouling system. SEC. 1012. COVERED VESSELS. (a) INCLUDED VESSEL.—Except as provided in subsection (b), after the Convention enters into force for the United States, the following vessels are subject to the requirements of this title: (1) A vessel documented under chapter 121 of title 46, United States Code, or one operated under the authority of the United States, wherever located. (2) Any vessel permitted by a Federal agency to operate on the Outer Continental Shelf. (3) Any other vessel when— (A) in the internal waters of the United States; (B) in any port, shipyard, offshore terminal, or other place in the United States; (C) lightering in the territorial sea; or (D) to the extent consistent with international law, anchoring in the territorial sea of the United States. (b) EXCLUDED VESSELS.— (1) IN GENERAL.—The following vessels are not subject to the requirements of this title: (A) Any warship, naval auxiliary, or other vessel owned or operated by a foreign state, and used, for the time being, only on government noncommercial service. (B) Except as provided in paragraph (2), any warship, naval auxiliary, or other vessel owned or operated by the United States and used for the time being only on govern- ment noncommercial service. (2) APPLICATION TO UNITED STATES GOVERNMENT VESSELS.— (A) IN GENERAL.—The Administrator may apply any requirement of this title to one or more classes of vessels described in paragraph (1)(B), if the head of the Federal 33 USC 3802.
