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DHS/USCG | RIN: 1625-AC14 | Publication ID: Fall 2015 |
Title: Consumer Price Index Adjustments of Oil Pollution Act of 1990 Limits of Liability--Vessels, Deepwater Ports and Onshore Facilities | |
Abstract:
The Coast Guard proposes to increase the limits of liability for vessels, deepwater ports, and onshore facilities, under the Oil Pollution Act of 1990, as amended (OPA'90), to reflect significant increases in the Consumer Price Index (CPI). We also propose a simplified regulatory procedure for the Coast Guard to make future required periodic CPI increases to the OPA'90 limits of liability for vessels, deepwater ports, and onshore facilities. 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 OPA'90. Finally, we propose language to clarify applicability of the OPA'90 vessel limits of liability to two categories of tank vessels, edible oil cargo tank vessels, and tank vessels designated as oil spill response vessels. This clarification to the existing regulatory text is needed for consistency with OPA'90. This project supports the Coast Guard's strategic goals of maritime stewardship and maritime safety. |
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Agency: Department of Homeland Security(DHS) | Priority: Substantive, Nonsignificant |
RIN Status: Previously published in the Unified Agenda | Agenda Stage of Rulemaking: Final Rule Stage |
Major: No | Unfunded Mandates: No |
CFR Citation: 33 CFR 138, subpart B (To search for a specific CFR, visit the Code of Federal Regulations.) | |
Legal Authority: 33 U.S.C. 2704 6 U.S.C. 552 E.O. 12777, sec 4 E.O. 13638, sec 1 E.O. 12777, sec 5 33 U.S.C. 2716 33 U.S.C. 2716a |
Legal Deadline:
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Overall Description of Deadline: Statutory deadline was established by the Delaware River Protection Act of 2006, codified at 33 U.S.C. 2704(d)(4). Delayed to obtain delegated authorities needed to adjust OPA'90 limits of liability for all Coast Guard source categories (i.e., vessels, deepwater ports, and onshore facilities). |
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Timetable:
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Regulatory Flexibility Analysis Required: No | Government Levels Affected: None |
Federalism: No | |
Included in the Regulatory Plan: No | |
RIN Information URL: www.regulations.gov | Public Comment URL: www.regulations.gov |
RIN Data Printed in the FR: No | |
Agency Contact: Benjamin White Project Manager Department of Homeland Security U.S. Coast Guard National Pollution Funds Center (NPFC), 2703 Martin Luther King Jr. Avenue SE, STOP 7605, Washington, DC 20593-7605 Phone:202 795-6066 Email: benjamin.h.white@uscg.mil |