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DHS/USCG

RIN: 1625-AA98

Publication ID: Fall 2008

Title: Financial Responsibility for Water Pollution (Vessels) and Limits of Liability
Abstract: This regulation would amend the "Financial Responsibility for Water Pollution (Vessels)" regulations to reflect the amended limits of liability resulting from enactment of the Coast Guard and Maritime Transportation Act of 2006. This regulation would support the Coast Guard's strategic goal of protection of natural resources. Market or Regulatory Failure Analysis: The Oil Pollution Act of 1990, at 33 U.S.C. 2716(a), requires regulations to implement the requirement for certain vessels to establish and maintain evidence of financial responsibility sufficient to meet or exceed the limits of liability found in 33 U.S.C. 2704(a) (as adjusted from time to time pursuant to 33 U.S.C. 2704(d)(4)). This rulemaking adjusts the financial responsibility applicable amounts to coincide with amended limits of liability resulting from enactment of the Delaware River Protection Act of 2006, increases certificate of financial responsibility (COFR) fees to vessel responsible parties, and removes an antiquated documentation carriage requirement. Without this regulation, we do not expect responsible parties to internalize the costs associated with the amended statutory limits of liability.
Agency: Department of Homeland Security(DHS)	Priority: Substantive, Nonsignificant
RIN Status: Previously published in the Unified Agenda	Agenda Stage of Rulemaking: Completed Actions
Major: No	Unfunded Mandates: No
CFR Citation: 33 CFR 138
Legal Authority: 33 USC 2704 33 USC 2716

Legal Deadline: None

Timetable:

Action	Date	FR Cite
NPRM	02/05/2008	73 FR 6642
NPRM Comment Period End	05/05/2008
Final Rule	09/17/2008	73 FR 53691
Final Rule Effective	10/17/2008	73 FR 53691

Regulatory Flexibility Analysis Required: Yes	Government Levels Affected: Local, State, Tribal
Small Entities Affected: Governmental Jurisdictions	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: Yes
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