[Federal Register Volume 78, Number 55 (Thursday, March 21, 2013)]
[Presidential Documents]
[Pages 17589-17590]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-06712]



[[Page 17587]]

Vol. 78

Thursday,

No. 55

March 21, 2013

Part III





The President





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Executive Order 13638--Admendments to Executive Order 12777
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  Federal Register / Vol. 78 , No. 55 / Thursday, March 21, 2013 / 
Presidential Documents  

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 Title 3--
 The President

[[Page 17589]]

                Executive Order 13638 of March 15, 2013

                
Amendments to Executive Order 12777

                By the authority vested in me as President by the 
                Constitution and the laws of the United States of 
                America, it is hereby ordered as follows:

                Section 1. Section 4 of Executive Order 12777 of 
                October 18, 1991, as amended (Implementation of Section 
                311 of the Federal Water Pollution Control Act of 
                October 18, 1972, as Amended, and the Oil Pollution Act 
                of 1990) is further amended by striking section 4 in 
                its entirety and inserting in lieu thereof the 
                following:

                ``Sec. 4. Liability Limit Adjustment. (a)(1) The 
                following functions vested in the President by section 
                1004(d) of OPA are delegated to the Secretary of the 
                department in which the Coast Guard is operating, 
                acting in consultation with the Administrator, the 
                Secretary of Transportation, the Secretary of the 
                Interior, and the Attorney General:

  (A) the adjustment of the limits of liability listed in section 1004(a) 
of OPA for vessels, onshore facilities, and deepwater ports subject to the 
DPA, to reflect significant increases in the Consumer Price Index;

  (B) the establishment of limits of liability under section 1004(d)(1), 
with respect to classes or categories of marine transportation-related 
onshore facilities, and the adjustment of any such limits of liability 
established under section 1004(d)(1), and of any limits of liability 
established under section 1004(d)(2) with respect to deepwater ports 
subject to the DPA, to reflect significant increases in the Consumer Price 
Index; and

  (C) the reporting to Congress on the desirability of adjusting limits of 
liability, with respect to vessels, marine transportation-related onshore 
facilities, and deepwater ports subject to the DPA.

(2) The Administrator and the Secretary of Transportation will provide 
necessary regulatory analysis support to ensure timely regulatory Consumer 
Price Index adjustments by the Secretary of the department in which the 
Coast Guard is operating of the limits of liability listed in section 
1004(a) of OPA for onshore facilities under subparagraph (a)(1)(A) of this 
section.

                    (b) The following functions vested in the President 
                by section 1004(d) of OPA are delegated to the 
                Administrator, acting in consultation with the 
                Secretary of the department in which the Coast Guard is 
                operating, the Secretary of Transportation, the 
                Secretary of the Interior, the Secretary of Energy, and 
                the Attorney General:

(1) the establishment of limits of liability under section 1004(d)(1), with 
respect to classes or categories of non-transportation-related onshore 
facilities, and the adjustment of any such limits of liability established 
under section 1004(d)(1) by the Administrator to reflect significant 
increases in the Consumer Price Index; and

(2) the reporting to Congress on the desirability of adjusting limits of 
liability with respect to non-transportation-related onshore facilities.

                    (c) The following functions vested in the President 
                by section 1004(d) of OPA are delegated to the 
                Secretary of Transportation, acting in consultation 
                with the Secretary of the department in which the Coast 
                Guard is operating, the Administrator, the Secretary of 
                the Interior, and the Attorney General:

(1) the establishment of limits of liability under section 1004(d)(1), with 
respect to classes or categories of non-marine transportation-related 
onshore

[[Page 17590]]

facilities, and the adjustment of any such limits of liability established 
under section 1004(d)(1) by the Secretary of Transportation to reflect 
significant increases in the Consumer Price Index; and

(2) the reporting to Congress on the desirability of adjusting limits of 
liability, with respect to non-marine transportation-related onshore 
facilities.

                    (d) The following functions vested in the President 
                by section 1004(d) of OPA are delegated to the 
                Secretary of the Interior, acting in consultation with 
                the Secretary of the department in which the Coast 
                Guard is operating, the Administrator, the Secretary of 
                Transportation, and the Attorney General:

(1) the adjustment of limits of liability to reflect significant increases 
in the Consumer Price Index with respect to offshore facilities, including 
associated pipelines, other than deepwater ports subject to the DPA; and

(2) the reporting to Congress on the desirability of adjusting limits of 
liability with respect to offshore facilities, including associated 
pipelines, other than deepwater ports subject to the DPA.''

                Sec. 2. (a) Nothing in this order shall be construed to 
                impair or otherwise affect:

(i) the authority granted by law to an executive department, agency, or the 
head thereof; or

(ii) the functions of the Director of the Office of Management and Budget 
relating to budgetary, administrative, or legislative proposals.

                    (b) This order is not intended to, and does not, 
                create any right or benefit, substantive or procedural, 
                enforceable at law or in equity by any party against 
                the United States, its departments, agencies, or 
                entities, its officers, employees, or agents, or any 
                other person.
                
                
                    (Presidential Sig.)

                THE WHITE HOUSE,

                    March 15, 2013.

[FR Doc. 2013-06712
Filed 3-20-13; 11:15 am]
Billing code 3295-F3