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DHS/USCG RIN: 1625-AC14 Publication ID: Spring 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.

 
Agency: Department of Homeland Security(DHS)  Priority: Substantive, Nonsignificant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Long-Term Actions 
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:
Action Source Description Date
Final  Statutory    07/11/2006 

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).

Timetable:
Action Date FR Cite
NPRM  08/19/2014  79 FR 49205   
NPRM Comment Period End  10/20/2014 
Final Rule  To Be Determined 
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