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DHS/USCG RIN: 1625-AC53 Publication ID: Spring 2019 
Title: ●Consumer Price Index Adjustments of Oil Pollution Act of 1990 Limits of Liability--Vessels, Deepwater Ports, and Onshore Facilities  
Abstract:

The Coast Guard is issuing a final rule 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). This final rule also implements the simplified regulatory procedure finalized in the 2015 final rule that allowed the Coast Guard to make future required periodic CPI increases to the OPA 90 limits of liability for vessels, deepwater ports, and onshore facilities. The simplified regulatory procedure will help ensure regular, timely inflation adjustments to the limits of liability. This regulation will preserve the polluter pays principle of OPA 90. This mandate to adjust the OPA 90 limits of liability by regulation to reflect significant increases in the CPI eliminates a potential market failure by keeping the limits of liability aligned with the costs associated with oil pollution incidents, as impacted over time by inflation.

 
Agency: Department of Homeland Security(DHS)  Priority: Substantive, Nonsignificant 
RIN Status: First time published in the Unified Agenda Agenda Stage of Rulemaking: Final Rule Stage 
Major: No  Unfunded Mandates: No 
EO 13771 Designation: Not subject to, not significant 
CFR Citation: 33 CFR 138.230   
Legal Authority: 33 U.S.C. 2704   
Legal Deadline:
Action Source Description Date
Final  Statutory  33 U.S.C. 2704(d)(4).   

Overall Description of Deadline: Adjustment to reflect changes in the Consumer Price Index, required by statute to occur every three years.

Timetable:
Action Date FR Cite
Final Rule  05/00/2019 
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 
Related RINs: Related to 1625-AC14 
Agency Contact:
Benjamin White
Project Manager, National Pollution Funds Center
Department of Homeland Security
U.S. Coast Guard
2703 Martin Luther King Jr. Avenue SE, STOP 7605,
Washington, DC 20593-7605
Phone:202 795-6066
Email: benjamin.h.white@uscg.mil