33 U.S.C. § 2714 — Designation of source and advertisement

(a) Designation of source and notification. When the President receives information about an incident, the President must, when possible and appropriate, identify the source or sources of the discharge or threat. If the source is a vessel or facility, the President must immediately notify the responsible party and, if known, the guarantor.

(b) Advertisement by responsible party or guarantor.

(1) If a responsible party or guarantor does not tell the President within 5 days after receiving notice of the designation that it denies the designation, that party or guarantor must advertise the designation and the procedures for presenting claims, as the President’s regulations require. The advertising must begin no later than 15 days after the designation. If the advertising is not otherwise done as this subsection requires, the President must promptly advertise the designation and claim procedures, at the responsible party’s or guarantor’s expense. The advertising must continue for at least 30 days.

(2) The advertisement must say that a claimant may present a claim for interim, short-term damages that are less than the full damages the claimant may ultimately receive. It must also say that payment of such a claim does not prevent the claimant from recovering damages not included in the paid or settled partial claim.

(c) Advertisement by President. The President must advertise or otherwise notify potential claimants of the procedures for presenting claims to the Fund if the responsible party and guarantor both deny the designation within 5 days after receiving notice; the discharge or threat came from a public vessel; or the President cannot designate the source or sources under subsection (a).