[Federal Register Volume 71, Number 160 (Friday, August 18, 2006)]
[Rules and Regulations]
[Pages 47737-47738]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-12936]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 138

[USCG-2005-21780]
RIN 1625-AA98


New Oil Pollution Limits of Liability for Vessels--Delaware River 
Protection Act of 2006 Amendment to the Oil Pollution Act of 1990

AGENCY: Coast Guard, DHS.

ACTION: Notice of policy.

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SUMMARY: The Coast Guard announces the enactment of statutory changes 
that will affect the financial responsibility of vessel owners and 
operators for oil pollution from their vessels. The Delaware River 
Protection Act of 2006 amends limits of liability under the Oil 
Pollution Act of 1990 (OPA 90) for discharges and substantial threats 
of discharge of oil from vessels. This statutory change will also 
result in future changes to Coast Guard regulations related to proof of 
financial responsibility by vessel owners and operators for discharges 
of oil from vessels.

FOR FURTHER INFORMATION CONTACT: Mr. Benjamin White at 202-493-6863.

SUPPLEMENTARY INFORMATION: 

Background and Purpose

    The limits of liability for oil removal costs and damages that 
result from discharges or substantial threats of discharge of oil from 
vessels, under OPA 90 (33 U.S.C. 2704), were amended by the enactment 
of the Delaware River Protection Act of 2006 (the Act), title VI of the 
Coast Guard and Maritime Transportation Act of 2006 (Pub. L. 109-241). 
The purpose of this notice is--
    1. To alert the public of the amended limits of liability for 
vessels;
    2. To notify the public that existing Coast Guard regulations in 33 
CFR part 138 entitled ``Financial Responsibility for Water Pollution 
(Vessels)'' remain in effect until amended; and
    3. To notify the public that a rulemaking project will be initiated 
to amend the regulations in 33 CFR part 138 to reflect the amended 
liability limits.
    The following table shows the original and amended limits of 
liability by vessel type:

Limits of Liability

[[Page 47738]]



------------------------------------------------------------------------
                               The original limit    The amended limits
    If the vessel is a--       of liability limit   of liability are the
                              was the greater of--      greater of--
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Tank vessel greater than      $1,200 per gross ton  $3,000 per gross ton
 3,000 gross tons with a       or $10,000,000.       or $22,000,000.
 single hull, double sides
 only, or double bottom only.
Tank vessel less than or      $1,200 per gross ton  $3,000 per gross ton
 equal to 3,000 gross tons     or $2,000,000.        or $6,000,000.
 with a single hull, double
 sides only, or double
 bottom only.
Tank vessel greater than      $1,200 per gross ton  $1,900 per gross ton
 3,000 gross tons with a       or $10,000,000.       or $16,000,000.
 double hull.
Tank vessel less than or      $1,200 per gross ton  $1,900 per gross ton
 equal to 3,000 gross tons     or $2,000,000.        or $4,000,000.
 with a double hull.
Any vessel other than a tank  $600 per gross ton    $950 per gross ton
 vessel.                       or $500,000.          or $800,000.
------------------------------------------------------------------------

    Vessel owners, operators and demise charterers that are responsible 
parties under OPA 90 are liable to the amended limits as follows--
     The amended limits for any tank vessel are effective for 
an oil discharge or substantial threat of discharge that occurs on or 
after October 9, 2006.
     The amended limits for any other vessel are effective for 
an oil discharge or substantial threat of discharge that occurs on or 
after July 11, 2006.
    The changes to the limits of liability created by the Act will 
result in changes to the requirements for proof of financial 
responsibility found in the existing ``Financial Responsibility for 
Water Pollution (Vessels)'' regulations at 33 CFR part 138. In general, 
the responsible party for any vessel over 300 gross tons using any 
place subject to the jurisdiction of the United States, or any vessel 
using the waters of the exclusive economic zone to transship or lighter 
oil destined for a place subject to the jurisdiction of the United 
States, must establish and maintain evidence of financial 
responsibility (i.e., ability to pay) sufficient to meet the applicable 
liability limit.
    The Coast Guard intends to make changes to existing regulations 
resulting from the Act. We anticipate initiating a rulemaking that will 
require vessel owners and operators to provide evidence of financial 
responsibility to the amended limits of liability, as described above, 
within 120 days after the final rule is published in the Federal 
Register. In the interim, the levels of financial responsibility 
enforceable by the Coast Guard are the total applicable amounts 
currently found at 33 CFR 138.80(f).
    If you have any questions regarding this notice, please submit them 
to: Mr. Benjamin White, National Pollution Fund Center, 4200 Wilson 
Blvd., Suite 1000, Arlington, VA 22203.

    Dated: July 31, 2006.
Jan P. Lane,
Director, National Pollution Funds Center.
 [FR Doc. E6-12936 Filed 8-17-06; 8:45 am]
BILLING CODE 4910-15-P