- Cargo & Facilities

8/19/2014: Consumer Price Index Adjustments of Oil Pollution Act of 1990 Limits of Liability-Vessels, Deepwater Ports and Onshore Facilities

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The Coast Guard published a notice of proposed rulemaking to propose an increase to the limits of liability for vessels, deepwater ports and onshore facilities, under the Oil Pollution Act of 1990, as amended, to reflect significant increases in the Consumer Price Index.

The Coast Guard also proposed 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, The Coast Guard proposed 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.

Comments and related material must be submitted on or before October 20, 2014.

View the proposed rule for full details and to submit a comment.

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