[Federal Register Volume 87, Number 246 (Friday, December 23, 2022)]
[Rules and Regulations]
[Pages 78860-78864]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-27750]
[[Page 78860]]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 138
[Docket No. USCG-2022-0252]
RIN 1625-AC84
Consumer Price Index Adjustments of Oil Pollution Act of 1990
Limits of Liability--Vessels, Deepwater Ports and Onshore Facilities
AGENCY: Coast Guard, DHS.
ACTION: Final rule.
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SUMMARY: The Coast Guard is issuing this final rule to adjust the
limits of liability for vessels, deepwater ports, and onshore
facilities under the Oil Pollution Act of 1990 (OPA 90), as amended, to
reflect the increase in the Consumer Price Index since they were last
adjusted in 2019. These regulatory inflation increases to the limits of
liability are required by OPA 90 and are necessary to preserve the
deterrent effect and ``polluter pays'' principle embodied in the Act.
This update promotes the Coast Guard's missions of maritime safety and
stewardship.
DATES: This final rule is effective on March 23, 2023.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to http://www.regulations.gov, type ``USCG-
2022-0252'' in the search box and click ``Search.'' Next in the
Document Type Column, select ``Supporting & Related Material.''
FOR FURTHER INFORMATION CONTACT: For information about this document
call or email Benjamin White, Coast Guard; telephone 202-795-6066,
email [email protected].
SUPPLEMENTARY INFORMATION:
Table of Contents for Preamble
I. Abbreviations
II. Basis and Purpose, and Regulatory History
III. Background and Justification for Final Rule
IV. Calculation for the Adjustment
V. Regulatory Analyses
A. Regulatory Planning and Review
B. Small Entities
C. Assistance for Small Entities
D. Collection of Information
E. Federalism
F. Unfunded Mandates Reform Act
G. Taking of Private Property
H. Civil Justice Reform
I. Protection of Children
J. Indian Tribal Governments
K. Energy Effects
L. Technical Standards
M. Environment
I. Abbreviations
BLS Bureau of Labor Statistics
BOEM Bureau of Ocean Energy Management
CPI Consumer Price Index
CPI-U Consumer Price Index--All Urban Consumers, Not Seasonally
Adjusted, U.S. City Average, All Items, 1982-84=100
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
OMB Office of Management and Budget
OPA 90 Oil Pollution Act of 1990
U.S.C. United States Code
Sec. Section
II. Basis and Purpose, and Regulatory History
Under the Oil Pollution Act of 1990 (OPA 90) (33 U.S.C. 2701, et
seq.), the responsible parties for any vessel (other than a public
vessel) or facility from which oil is discharged, or which poses a
substantial threat of discharge of oil, into or upon the navigable
waters or the adjoining shorelines or the exclusive economic zone of
the United States are strictly liable, jointly and severally, under 33
U.S.C. 2702 (a) and (b), for the removal costs and damages that result
from such incident.\1\ Under 33 U.S.C. 2704 (a), the responsible
parties' liability with respect to OPA 90 and any one incident is
limited, subject to certain exceptions specified in 33 U.S.C. 2704 (c).
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\1\ OPA 90 defines ``liable'' and ``liability'' as ``the
standard of liability which obtains under section 1321 of this title
[Section 311 of the Federal Water Pollution Control Act].'' 33
U.S.C. 2701(17). Liability under Section 311, in turn, ``has been
determined repeatedly to be strict, joint and several.'' H.R.Rep.
No. 101-653, at 780 (1990), reprinted in 1990 U.S.C.C.A.N. 779, 780,
1990 WL132747.
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In the instances when a limit of liability applies, the Oil Spill
Liability Trust Fund (``the Fund'') is available to compensate the OPA
90 removal costs and damages incurred by the responsible parties and
third-party claimants in excess of the applicable limit of liability.
The statutory limits of liability for vessels and three types of
facilities are set forth in OPA 90: (1) Onshore facilities, (2)
deepwater ports, and (3) offshore facilities other than deepwater
ports. In addition, to prevent the real value of the OPA 90 statutory
limits of liability from depreciating over time as a result of
inflation, and to preserve the ``polluter pays'' principle, OPA 90
requires that the limits of liability be adjusted ``not less than every
3 years'' to reflect significant increases in the Consumer Price Index
(CPI).\2\
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\2\ 33 U.S.C. 2704(d)(4).
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The Coast Guard is responsible for adjusting the limits of
liability for vessels, deepwater ports, and onshore facilities. The
Department of the Interior's Bureau of Ocean Energy Management (BOEM)
is responsible for adjusting the limits of liability for offshore
facilities. Regarding vessels and deepwater ports, the Coast Guard
adjusted the limits of liability in 2009 (74 FR 31357),\3\, in 2015 (80
FR 72342), and in 2019 (84 FR 39970). Regarding onshore facilities, the
Coast Guard adjusted the limits of liability twice, in 2015 (80 FR
72342) and in 2019 (84 FR 39970), after the President issued Executive
Order 13638, which restated and simplified the delegations in Executive
Order 12777, section 4, and vested the authority to make CPI
adjustments to the onshore facility statutory limit of liability in
``the Secretary of the Department in which the Coast Guard is
operating.'' The Secretary of the Department of Homeland Security (DHS)
delegated that authority to the Coast Guard. Regarding offshore
facilities, BOEM published a final rule and adjusted the limits of
liability for offshore facilities in 2018 (83 FR 2540) from
$133,650,000 to $137,659,500.
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\3\ The 2009 interim rule was adopted without change as a final
rule in 2010 (75 FR 750).
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III. Background and Justification for Final Rule
The Coast Guard is promulgating this rule pursuant to the
provisions of Title I of OPA 90, Executive Order 12777, as amended, and
Coast Guard regulations in Title 33 of the Code of Federal Regulations
(CFR) part 138, subpart B--OPA 90 Limits of Liability (Vessels,
Deepwater Ports and Onshore Facilities). Under 5 U.S.C. 553(b)(B), the
Coast Guard has good cause for issuing this final rule without notice
or comment. Generally, Section 553 ``gives affected parties an
opportunity to participate in agency decision making early in the
process, when the agency is more likely to consider alternative
ideas.'' \4\ However, prior notice and comment is unnecessary ``where a
minor or merely technical amendment in which the public is not
particularly interested'' arises.\5\ Prior notice and comment is also
unnecessary when the good cause inquiry is ``confined to those
situations in which the administrative rule is a routine determination,
insignificant in nature and impact, and inconsequential to the industry
and to the public.'' \6\ Courts have further held that notice and
comment procedures are unnecessary where Congress requires an
[[Page 78861]]
agency to perform a nondiscretionary ministerial act.\7\ In this
instance, a proposed rule is unnecessary because the adjustment in the
limit of liability is a routine determination mandated by statute, and
is therefore nondiscretionary for the Coast Guard. The calculation of
the liability limits is ministerial in nature. Furthermore, the
methodology for determining the amount is defined in the Coast Guard's
regulations, and the regulations in 33 CFR 138.240(a) provide that
inflation adjustments to the limits of liability for vessels, deepwater
ports, and onshore facilities will be implemented through final
rulemaking.\8\ The preambles of the NPRM and the final rule for the
2015 inflation adjustment (at 79 FR 49205 and 80 FR 72342) together
provide the full legislative and regulatory history for the OPA 90
limit of liability inflation adjustments.
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\4\ Northern Arapahoe Tribe v. Hodel, 808 F.2d 741, 751 (10th
Cir. 1987).
\5\ Id.
\6\ Mack Trucks, Inc. v. E.P.A., 682 F.3d 87, 94, (D.C. Cir.
2012).
\7\ Metzenbaum v. FERC, 675 F.2d 1282, 1291 (D.C. Cir. 1982).
\8\ In the NPRM for the 2015 adjustment, titled Consumer Price
Index Adjustments of Oil Pollution Act of 1990 Limits of Liability-
Vessels, Deepwater Ports and Onshore Facilities, the Coast Guard
proposed a simplified regulatory procedure for making future
inflation updates to the OPA 90 limits of liability. Under that
procedure in 33 CFR 138.240(a), the Director of the National
Pollution Funds Center (NPFC) publishes the inflation-adjusted
limits of liability in the Federal Register as final rule amendments
to 33 CFR 138.230. Further, the preamble of that NPRM stated that ``
[b]ecause the adjustment methodology was established by the CPI-1
Rule, and the simplified [regulatory] procedure will be established
by this rulemaking, publication of an NPRM would not be necessary
for these future mandated inflation adjustments.'' 79 FR 49205 at
49211; August 19, 2014.
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IV. Calculation for the Adjustment
The Coast Guard is issuing this final rule to update the OPA 90
limits of liability for vessels, deepwater ports, and onshore
facilities, as set forth in 33 CFR part 138, subpart B, to reflect
significant increases in the CPI since the limits were last adjusted.
OPA 90 requires adjustments to the limits of liability not less than
every 3 years to reflect significant increases in the CPI. The method
for calculating these adjustments is set forth in 33 CFR 138.240.
This final rule provides these periodic inflation adjustments to
the limits of liability to reflect changes in the CPI since the limits
were last adjusted for inflation in 2019 (84 FR 39970). As provided in
33 CFR 138.240, we calculate limit of liability adjustments, using the
Consumer Price Index--All Urban Consumers, Not Seasonally Adjusted,
U.S. City Average, All Items, 1982-84=100 (CPI-U) values published by
the Bureau of Labor Statistics (BLS), as follows--
1. Formula to calculate the percent change in the Annual CPI-U:
Percent change in the Annual CPI-U = [(Annual CPI-U for current period-
Annual CPI-U for previous period) / Annual CPI-U for previous period] x
100, then rounded to one decimal place.
2. Formula to derive the new limit of liability, applying the
percent change in the Annual CPI-U:
New Limit of Liability = Previous Limit of Liability + (Previous Limit
of Liability x Percent Change in CPI), then rounded to the closest
$100.
For this update, we used the 2021 Annual CPI-U value of 270.970 as
the ``current period'' value, which is the most recent Annual CPI-U
published by the BLS.\9\ The Coast Guard used the 2018 Annual CPI-U
value of 251.107 as the ``previous period'' value, which was the Annual
CPI-U used as the ``current period'' value when the limits of liability
were last adjusted in 2019. Applying the formula in Item 1 above, we
have determined that there was a 7.91 percent increase in the Annual
CPI-U since the OPA 90 limits of liability for vessels, deepwater
ports, and onshore facilities were last adjusted. Table 1 below shows
the previous and new limits of liability derived by applying the
percent increase using the formula in Item 2 above.
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\9\ https://www.bls.gov/cpi/tables/supplemental-files/historical-cpi-u-202207.pdf.
\10\ As of January 1, 2015, tank vessels not equipped with a
double hull can no longer operate on waters subject to the
jurisdiction of the United States, including the Exclusive Economic
Zone, carrying oil in bulk as cargo or cargo residue; and there are
no waivers or extensions of the deadline. However, OPA 90 continues
to specify limits of liability for single-hull tank vessels. The
Coast Guard, therefore, continues to adjust those limits of
liability for inflation.
Table 1--CPI-Adjusted Limits of Liability
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Percent increase
Source category Previous limit of in the annual CPI- New CPI-adjusted limit of
liability U liability
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Sec. 138.230(a) Vessels
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(1) The OPA 90 limits of liability for
tank vessels, other than edible oil
tank vessels and oil spill response
vessels, are--
(i) For a single-hull tank vessel The greater of $3,700 per 7.91 The greater of $4,000 per
greater than 3,000 gross tons gross ton or $27,422,200. gross ton or
\10\. $29,591,300.
(ii) For a tank vessel greater The greater of $2,300 per 7.91 The greater of $2,500 per
than 3,000 gross tons, other than gross ton or $19,943,400. gross ton or
a single-hull tank vessel. $21,521,000.
(iii) For a single-hull tank The greater of $3,700 per 7.91 The greater of $4,000 per
vessel less than or equal to gross ton or $7,478,800. gross ton or $8,070,400.
3,000 gross tons.
(iv) For a tank vessel less than The greater of $2,300 per 7.91 The greater of $2,500 per
or equal to 3,000 gross tons, gross ton or $4,985,900. gross ton or $5,380,300.
other than a single-hull tank
vessel.
[[Page 78862]]
(2) The OPA 90 limits of liability for The greater of $1,200 per 7.91 The greater of $1,300 per
any vessel other than a vessel listed gross ton or $997,100. gross ton or $1,076,000.
in paragraph (a)(1) of Sec.
138.230, including for any edible oil
tank vessel and any oil spill
response vessel, are--.
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Sec. 138.230(b) Deepwater ports
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(1) The OPA 90 limit of liability for $672,514,900............. 7.91 $725,710,800.
any deepwater port, including for any
component pipelines, other than a
deepwater port listed in paragraph
(b)(2) of Sec. 138.230, is--.
(2) The OPA 90 limits of liability for
deepwater ports with limits of
liability established by regulation
under OPA 90 (33 U.S.C. 2704(d)(2)),
including for any component
pipelines, are--
(i) For the Louisiana Offshore Oil $102,245,000............. 7.91 $110,332,600.
Port (LOOP).
(ii) [Reserved]................... Not Applicable (N.A.).... N.A. N.A.
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Sec. 138.230(c) Onshore facilities
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The OPA 90 limit of liability for $672,514,900............. 7.91 $725,710,800.
onshore facilities, including, but
not limited to, motor vehicles,
rolling stock and onshore pipeline,
is--.
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V. Regulatory Analyses
We developed this rule after considering numerous statutes and
Executive orders related to rulemaking. Below we summarize our analyses
based on these statutes or Executive orders.
A. Regulatory Planning and Review
Executive Orders 12866 (Regulatory Planning and Review) and 13563
(Improving Regulation and Regulatory Review) direct agencies to assess
the costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits (including potential economic, environmental, public
health and safety effects, distributive impacts, and equity). Executive
Order 13563 emphasizes the importance of quantifying both costs and
benefits, of reducing costs, of harmonizing rules, and of promoting
flexibility.
This rule has not been designated a ``significant regulatory
action'' under section 3(f) of Executive Order 12866. Accordingly, the
rule has not been reviewed by the Office of Management and Budget. A
regulatory analysis (RA) follows.
This final rule is an update to the limit of liability for vessels,
deepwater ports, and onshore facilities under OPA 90. This rule does
not increase the regulatory burden on regulated entities when measured
in constant or real dollars. This final rule simply maintains the value
of the limit of liability set by OPA 90 by updating the limit of
liability for inflation, as required by OPA 90 in 33 U.S.C. 2704(d)(4).
Regulatory Cost
This final rule increases the limits of liability under OPA 90 for
vessels, deepwater ports, and onshore facilities by 7.91 percent. The
Coast Guard does not expect Certificate of Financial Responsibility
guarantor insurance premiums for vessels to increase as a result of
this rule. This final rule will only affect vessels, deepwater ports,
and onshore facilities that have an OPA 90 incident that exceeds their
existing limit of liability. The Coast Guard estimates that this final
rule will affect, at most, three vessels per year. We estimate that the
rule could also affect one deepwater port and one onshore facility over
a 10-year period. In such a case, the maximum amount of additional
liability will represent a maintenance of the value of the limits of
liability set by OPA 90.
Regulatory Benefit
This rulemaking ensures that the OPA 90 limits of liability keep
pace with inflation as required by OPA 90 (33 U.S.C. 2704(d)(4)). This
final rule requires responsible parties to internalize inflation,
thereby benefitting the public, because the appropriate amount of
removal costs and damages are borne by the responsible party. The
liability risk will not shift from the responsible party to the public
and the Fund. This helps preserve the ``polluter pays'' principle as
intended by Congress and preserves the Fund for its other authorized
uses. Absent CPI adjustments, a responsible party gains an advantage
not intended by OPA 90. Without inflation incorporated into the
determination of the applicable limit of liability, the responsible
party ultimately pays a reduced percentage of the total incident costs.
Hence, this final rule ensures that the limits of liability
[[Page 78863]]
are adjusted according to inflation and remain constant over time.
B. Small Entities
Under the Regulatory Flexibility Act, 5 U.S.C. 601-612, we have
considered whether this rule will have a significant economic impact on
a substantial number of small entities. The term ``small entities''
comprises small businesses, not-for-profit organizations that are
independently owned and operated and are not dominant in their fields,
and governmental jurisdictions with populations of less than 50,000.
The Regulatory Flexibility Act does not apply when notice and
comment rulemaking is not required. This rule is not preceded by a
notice of proposed rulemaking (NPRM). Therefore, it is exempt from the
requirements of the Regulatory Flexibility Act (5 U.S.C. 601-612).
Furthermore, this rulemaking is statutorily mandated. Pursuant to
established procedure in 33 CFR 138.240(a), an NPRM is unnecessary.
Therefore, the Coast Guard has determined that a Regulatory Flexibility
Analysis does not apply to this rulemaking.
C. Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996, Public Law 104-121, we offer to assist small
entities in understanding this rule so that they can better evaluate
its effects on them and participate in the rulemaking. The Coast Guard
will not retaliate against small entities that question or complain
about this rule or any policy or action of the Coast Guard.
Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247).
D. Collection of Information
This rule calls for no new or revised collection of information
under the Paperwork Reduction Act of 1995, 44 U.S.C. 3501-3520.
E. Federalism
A rule has implications for federalism under Executive Order 13132
(Federalism) if it has a substantial direct effect on States, on the
relationship between the National Government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this rule under Executive Order 13132 and
have determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132. Our analysis follows.
This final rule makes necessary adjustments to the OPA 90 limits of
liability to reflect significant increases in the CPI. Nothing in this
final rule affects the preservation of State authorities under 33
U.S.C. 2718, including the authority of any State to impose additional
liability or financial responsibility requirements with respect to
discharges of oil within such State. Therefore, this final rule has no
implications for federalism.
The Coast Guard recognizes the key role that State and local
governments may have in making regulatory determinations. Additionally,
for rules with federalism implications and preemptive effect, Executive
Order 13132 specifically directs agencies to consult with State and
local governments during the rulemaking process. The Coast Guard
invites anyone who believes this rule has implications for federalism
under Executive Order 13132 to contact the person listed in the FOR
FURTHER INFORMATION section of this preamble.
F. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995, 2 U.S.C. 1531-1538,
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Although this rule will not result
in such expenditure, we do discuss the effects of this rule elsewhere
in this preamble.
G. Taking of Private Property
This rule will not cause a taking of private property or otherwise
have taking implications under Executive Order 12630 (Governmental
Actions and Interference with Constitutionally Protected Property
Rights).
H. Civil Justice Reform
This rule meets applicable standards in sections 3(a) and 3(b)(2)
of Executive Order 12988 (Civil Justice Reform), to minimize
litigation, eliminate ambiguity, and reduce burden.
I. Protection of Children
We have analyzed this rule under Executive Order 13045 (Protection
of Children from Environmental Health Risks and Safety Risks). This
rule is not an economically significant rule and will not create an
environmental risk to health or risk to safety that might
disproportionately affect children.
J. Indian Tribal Governments
This rule does not have tribal implications under Executive Order
13175 (Consultation and Coordination with Indian Tribal Governments),
because it will not have a substantial direct effect on one or more
Indian tribes, on the relationship between the Federal Government and
Indian tribes, or on the distribution of power and responsibilities
between the Federal Government and Indian tribes.
K. Energy Effects
We have analyzed this rule under Executive Order 13211 (Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use). We have determined that it is not a
``significant energy action'' under that order because it is not a
``significant regulatory action'' under Executive Order 12866 and is
not likely to have a significant adverse effect on the supply,
distribution, or use of energy.
L. Technical Standards
The National Technology Transfer and Advancement Act, codified as a
note to 15 U.S.C. 272, directs agencies to use voluntary consensus
standards in their regulatory activities unless the agency provides
Congress, through OMB, with an explanation of why using these standards
would be inconsistent with applicable law or otherwise impractical.
Voluntary consensus standards are technical standards (e.g.,
specifications of materials, performance, design, or operation; test
methods; sampling procedures; and related management systems practices)
that are developed or adopted by voluntary consensus standards bodies.
This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.
M. Environment
We have analyzed this rule under Department of Homeland Security
Management Directive 023-01, Rev. 1, associated implementing
instructions, and Environmental Planning COMDTINST 5090.1 (series),
which guide the Coast Guard in complying with the National
Environmental Policy
[[Page 78864]]
Act of 1969 (42 U.S.C. 4321-4370f), and have made a determination that
this action is one of a category of actions that do not individually or
cumulatively have a significant effect on the human environment. A
Record of Environmental Consideration supporting this determination is
available in the docket. For instructions on locating the docket, see
the ADDRESSES section of this preamble. This rule is categorically
excluded under paragraph L53 of Appendix A, Table 1 of DHS Instruction
Manual 023-01-001-01, Rev. 01. Paragraph L53 pertains to
congressionally mandated regulations designed to improve or protect the
environment. This rule adjusts the limits of liability for vessels,
deepwater ports, and onshore facilities to reflect significant
increases in the CPI using the methodology established in 33 CFR
138.40(a) and mandated by statute.
List of Subjects in 33 CFR Part 138
Hazardous materials transportation, Insurance, Oil pollution,
Reporting and recordkeeping requirements, Surety bonds, Vessels, Water
pollution control.
For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 138 as follows:
PART 138--FINANCIAL RESPONSIBILITY FOR WATER POLLUTION (VESSELS)
AND OPA 90 LIMITS OF LIABILITY (VESSELS, DEEPWATER PORTS AND
ONSHORE FACILITIES)
0
1. The authority citation for part 138 continues to read as follows:
Authority: 6 U.S.C. 552(d); 33 U.S.C. 2704, 2716, 2716a; 42
U.S.C. 9608, 9609; E.O. 12580, Sec. 7(b), 3 CFR, 1987 Comp., p. 193;
E.O. 12777, Secs. 4 and 5, 3 CFR, 1991 Comp., p. 351, as amended by
E.O. 13286, Sec. 89, 3 CFR, 2004 Comp., p. 166, and by E.O. 13638,
Sec. 1, 3 CFR, 2014 Comp., p. 227; Department of Homeland Security
Delegation Nos. 00170.1, Revision 01.2, and 5110, Revision 01.
Section 138.40 also issued under the authority of 46 U.S.C. 2103 and
14302.
Subpart B--OPA 90 Limits of Liability (Vessels, Deepwater Ports and
Onshore Facilities)
Sec. 138.230 [Amended]
0
2. Amend Sec. 138.230 as follows:
0
a. In paragraph (a)(1)(i), remove the text ``$3,700 per gross ton or
$27,422,200'' and add, in its place, the text ``$4,000 per gross ton or
$29,591,300'';
0
b. In paragraph (a)(1)(ii), remove the text ``$2,300 per gross ton or
$19,943,400'' and add, in its place, the text ``$2,500 per gross ton or
$21,521,000'';
0
c. In paragraph (a)(1)(iii), remove the text ``$3,700 per gross ton or
$7,478,800'' and add, in its place, the text ``$4,000 per gross ton or
$8,070,400'';
0
d. In paragraph (a)(1)(iv), remove the text ``$2,300 per gross ton or
$4,985,900'' and add, in its place, the text ``$2,500 per gross ton or
$5,380,300'';
0
e. In paragraph (a)(2), remove the text ``$1,200 per gross ton or
$997,100'' and add, in its place, the text ``$1,300 per gross ton or
$1,076,000'';
0
f. In paragraph (b)(1) remove the text ``$672,514,900'' and add, in its
place, the text ``$725,710,800'';
0
g. In paragraph (b)(2)(i), remove the text ``$102,245,000'' and add, in
its place, the text ``$110,332,600''; and
0
h. In paragraph (c), remove the text ``$672,514,900'' and add, in its
place, the text ``$725,710,800''.
Dated: December 9, 2022.
Jo-Ann F. Burdian,
Rear Admiral, U.S. Coast Guard, Assistant Commandant for Response
Policy.
[FR Doc. 2022-27750 Filed 12-22-22; 8:45 am]
BILLING CODE 9110-04-P