Code of Federal Regulations (Last Updated: November 8, 2024) |
Title 33 - Navigation and Navigable Waters |
Chapter I - Coast Guard, Department of Homeland Security |
SubChapter M - Marine Pollution Financial Responsibility and Compensation |
Part 138 - Financial Responsibility for Water Pollution (Vessels) and OPA 90 Limits of Liability (Vessels, Deepwater Ports and Onshore Facilities) |
Subpart B - OPA 90 Limits of Liability (Vessels, Deepwater Ports and Onshore Facilities) |
§ 138.230 - Limits of liability.
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§ 138.230 Limits of liability.
(a) Vessels.
(1) The OPA 90 limits of liability for tank vessels, other than edible oil tank vessels and oil spill response vessels, are - are—
(i) For a single-hull tank vessel greater than 3,000 gross tons, the greater of $3$4,700 000 per gross ton or $27$29,422591,200300;
(ii) For a tank vessel greater than 3,000 gross tons, other than a single-hull tank vessel, the greater of $2,300 500 per gross ton or $19$21,943521,400000;
(iii) For a single-hull tank vessel less than or equal to 3,000 gross tons, the greater of $3$4,700 000 per gross ton or $7$8,478070,800400; and
(iv) For a tank vessel less than or equal to 3,000 gross tons, other than a single-hull tank vessel, the greater of $2,300 500 per gross ton or $4$5,985380,900300.
(2) The OPA 90 limits of liability for any vessel other than a vessel listed in paragraph (a)(1) of this section, including for any edible oil tank vessel and any oil spill response vessel, are the greater of $1,200 300 per gross ton or $997$1,100076,000.
(b) Deepwater ports.
(1) The OPA 90 limit of liability for any deepwater port, including for any component pipelines, other than a deepwater port listed in paragraph (b)(2) of this section, is $672$725,514710,900800;
(2) The OPA 90 limits of liability for deepwater ports with limits of liability established by regulation under OPA 90 (33 U.S.C. 2704(d)(2)), including for any component pipelines, are - are—
(i) For the Louisiana Offshore Oil Port (LOOP), $102$110,245332,000600; and
(ii) [Reserved]
(c) Onshore facilities. The OPA 90 limit of liability for onshore facilities, including, but not limited to, motor vehicles, rolling stock and onshore pipelines, is $672$725,514710,900800.
(d) Offshore facilities. The OPA 90 limit of liability for offshore facilities other than deepwater ports, including for any offshore pipelines, is set forth at 30 CFR 553.702.
[80 FR 72355, Nov. 19, 2015, as amended at 84 FR 39974, Aug. 13, 2019; 87 FR 78864, Dec. 23, 2022]