[Federal Register Volume 73, Number 30 (Wednesday, February 13, 2008)]
[Proposed Rules]
[Page 8250]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-2685]



[[Page 8250]]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 138

[Docket No. USCG-2005-21780]
RIN 1625-AA98


Financial Responsibility for Water Pollution (Vessels) and OPA 90 
Limits of Liability (Vessels and Deepwater Ports); Correction

AGENCY: Coast Guard, DHS.

ACTION: Proposed rule; correction.

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SUMMARY: The Coast Guard published in the Federal Register of February 
5, 2008, a notice of proposed rulemaking which, among other things, 
would amend the regulatory requirements for vessel operators to 
establish and maintain evidence of financial responsibility. That 
document contained an incorrect effective date and was also unclear. 
This document corrects the preamble and regulatory text to the proposed 
rule to clarify the effective date and the distinction between the 
financial responsibility applicable amounts and limits of liability.

DATES: Comments and related material must reach the Docket Management 
Facility on or before May 5, 2008. Comments sent to the Office of 
Management and Budget (OMB) on collection of information must reach OMB 
on or before May 5, 2008.

ADDRESSES: You may submit comments identified by Coast Guard docket 
number USCG-2005-21780 to the Docket Management Facility at the U.S. 
Department of Transportation. To avoid duplication, please use only one 
of the following methods:
    (1) Online: http://www.regulations.gov.
    (2) Mail: Docket Management Facility (M-30), U.S. Department of 
Transportation, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue, SE., Washington, DC 20590-0001.
    (3) Hand delivery: Room W12-140 on the Ground Floor of the West 
Building, 1200 New Jersey Avenue, SE., Washington, DC 20590 between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays. The 
telephone number is 202-366-9329.
    (4) Fax: 202-493-2251.
    You must also send comments on collection of information to the 
Office of Information and Regulatory Affairs, Office of Management and 
Budget. To ensure that the comments are received on time, the preferred 
method is by e-mail at [email protected] or fax at 202-395-6566. An 
alternate, though slower, method is by U.S. mail to the Office of 
Information and Regulatory Affairs, Office of Management and Budget, 
725 17th Street, NW., Washington, DC 20503, ATTN: Desk Officer, U.S. 
Coast Guard.

FOR FURTHER INFORMATION CONTACT: If you have questions on this proposed 
rule, call Benjamin White, National Pollution Funds Center, Coast 
Guard, telephone 202-493-6863. If you have questions on viewing or 
submitting material to the docket, call Renee V. Wright, Program 
Manager, Docket Operations, telephone 202-366-9826.

SUPPLEMENTARY INFORMATION: The Coast Guard published an NPRM in the 
Federal Register of February 5, 2008, (73 FR 6642) which, among other 
things, proposed amending the regulatory requirements for vessel 
operators to establish and maintain evidence of financial 
responsibility. That document contained an incorrect effective date and 
was also unclear. This document corrects the preamble and regulatory 
text to the proposed rule to clarify the effective date and the 
distinction between the financial responsibility applicable amounts of 
Sec.  138.80(f) and limits of liability in proposed Subpart B.
    In FR Doc. E8-1516, appearing on page 6642 in the Federal Register 
of Tuesday, February 5, 2008, the following corrections are made:

Preamble [Corrected]

    1. On page 6645, in the third column, after the reference to 
Section 138.85, remove the paragraph that states: ``This new section of 
the proposed rule would establish an implementation schedule that would 
apply to the increased applicable amounts in Subpart B of this proposed 
rule, and whenever the financial responsibility applicable amounts 
under Subpart B are amended by regulation. This would occur in 
instances including, but not limited to, future regulatory changes 
mandated by statute, and when the limits of liability in proposed 
subpart B of this Part are amended to reflect significant increases in 
the Consumer Price Index pursuant to 33 U.S.C. 2704(d)(4).'' and add, 
in its place, the following paragraph: ``This new section of the 
proposed rule would establish an implementation schedule that would 
apply to the increased applicable amounts referenced in 138.80(f) of 
this proposed rule, and whenever the financial responsibility 
applicable amounts under Sec.  138.80(f) are amended by regulation. 
This would occur in instances including, but not limited to, future 
regulatory changes mandated by statute, and when the limits of 
liability in proposed subpart B of this Part are amended to reflect 
significant increases in the Consumer Price Index pursuant to 33 U.S.C. 
2704(d)(4).''


Sec.  138.85  [Corrected]

    2. On page 6654 in the first column, revise the proposed regulatory 
text for proposed Sec.  138.85 to read as follows:


Sec.  138.85  Implementation Schedule

    The effective date of the applicable amounts referenced in Sec.  
138.80(f) of this part will be [INSERT DATE 120 DAYS AFTER PUBLICATION 
OF FINAL RULE IN THE Federal Register]. In the event an applicable 
amount referenced in Sec.  138.80(f) is thereafter amended by 
regulation, the effective date of the amended applicable amount will be 
120 days after publication of a final rule in the Federal Register, 
unless another date is required by statute and specified in the 
amending regulation. Each operator of a vessel described in Sec.  
138.15, must have established, on or before the effective date of the 
applicable amount including any amendments thereto, evidence of 
financial responsibility acceptable to the Director, NPFC, in an amount 
equal to or greater than the total applicable amount.''

    Dated: February 7, 2008.
William Grawe,
Acting Director, National Pollution Funds Center, United States Coast 
Guard.
[FR Doc. E8-2685 Filed 2-12-08; 8:45 am]
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