Consumer Price Index Adjustments of Oil Pollution Act of 1990 Limits of Liability-Vessels, Deepwater Ports and Onshore Facilities, 39970-39974 [2019-17234]
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Federal Register / Vol. 84, No. 156 / Tuesday, August 13, 2019 / Rules and Regulations
Commission or its staff will return or
destroy it at the request of the registrant,
if the registrant complies with the
procedures outlined in Rule 418
(§ 230.418 of this chapter).
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■ 26. Amend Form N-6 (referenced in
§§ 239.17c and 274.11d) by revising the
last sentence of the second paragraph of
Instruction 3 in Item 26 to read as
follows:
Note: The text of Form N-6 does not,
and this amendment will not, appear in
the Code of Federal Regulations.
Dated: August 6, 2019.
Vanessa A. Countryman,
Secretary.
FORM N-6
DCAA Privacy Act Program
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Instructions:
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3. * * *
* * * After completing its review of
the supplemental information, the
Commission or its staff will return or
destroy it at the request of the registrant,
if the registrant complies with the
procedures outlined in Rule 418 (§
230.418 of this chapter).
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■ 27. Amend Form N-8B-2 (referenced
in § 274.12) by revising the last sentence
of the second paragraph of Instruction 3
in ‘‘IX Exhibits’’ to read as follows:
Note: The text of Form N-8B-2 does
not, and this amendment will not,
appear in the Code of Federal
Regulations.
FORM N-8B-2
REGISTRATION STATEMENT OF
UNIT INVESTMENT TRUSTS WHICH
ARE CURRENTLY ISSUING
SECURITIES
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IX
EXHIBITS
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Instructions:
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3. * * *
* * * After completing its review of
the supplemental information, the
Commission or its staff will return or
destroy it at the request of the registrant,
if the registrant complies with the
procedures outlined in Rule 418
(§ 230.418 of this chapter).
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BILLING CODE P
DEPARTMENT OF DEFENSE
Office of the Secretary
32 CFR Part 317
[Docket ID: DOD–2019–OS–0039]
RIN 0790–AK63
Defense Contract Audit
Agency, DoD. ACTION: Final rule.
SUMMARY: This final rule removes
DoD’s regulation concerning the Defense
Contract Audit Agency (DCAA) Privacy
Program. On April 11, 2019, the
Department of Defense published a
revised DoD-level Privacy Program rule,
which contains the necessary
information for an agency-wide privacy
program regulation under the Privacy
Act and now serves as the single Privacy
Program rule for the Department. That
revised Privacy Program rule also
includes all DoD component exemption
rules. Therefore, this part is now
unnecessary and may be removed from
the CFR.
DATES: This rule is effective on August
13, 2019.
FOR FURTHER INFORMATION CONTACT:
Keith Mastromichalis, 571–448–3153.
SUPPLEMENTARY INFORMATION: DoD now
has a single DoD-level Privacy Program
rule at 32 CFR part 310 (84 FR 14728)
that contains all the codified
information required for the
Department. The DCAA Privacy Act
Program regulation at 32 CFR part 317,
last updated on March 10, 2015 (80 FR
12559), is no longer required and can be
removed.
It has been determined that
publication of this CFR part removal for
public comment is impracticable,
unnecessary, and contrary to public
interest since it is based on the removal
of policies and procedures that are
either now reflected in another CFR
part, 32 CFR 310, or are publicly
available on the Department’s website.
To the extent that DCAA internal
guidance concerning the
implementation of the Privacy Act
within DCAA is necessary, it will
continue to be published in ‘‘The
Privacy Act, an Employee Guide to
Privacy,’’ available at https://
www.dcaa.mil/Content/Documents/
Privacy_Act_Guide.pdf (March 1, 2016).
AGENCY:
Item 26. Exhibits
*
[FR Doc. 2019–17138 Filed 8–12–19; 8:45 am]
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This rule is one of 20 separate
component Privacy rules. With the
finalization of the DoD-level Privacy
rule at 32 CFR part 310, the Department
eliminated the need for this component
Privacy rule, thereby reducing costs to
the public as explained in the preamble
of the DoD-level Privacy rule published
on April 11, 2019, at 84 FR 14728–
14811.
This rule is not significant under
Executive Order (E.O.) 12866,
‘‘Regulatory Planning and Review.’’
Therefore, E.O. 13771, ‘‘Reducing
Regulation and Controlling Regulatory
Costs’’ does not apply.
List of Subjects in 32 CFR Part 317
Privacy.
PART 317—[REMOVED]
Accordingly, by the authority of 5
U.S.C. 301, 32 CFR part 317 is removed.
■
Dated: August 6, 2019.
Aaron T. Siegel,
Alternate OSD Federal Register Liaison
Officer, Department of Defense.
[FR Doc. 2019–17162 Filed 8–12–19; 8:45 am]
BILLING CODE 5001–06–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 138
[Docket No. USCG–2019–0392]
RIN 1625–AC53
Consumer Price Index Adjustments of
Oil Pollution Act of 1990 Limits of
Liability—Vessels, Deepwater Ports
and Onshore Facilities
Coast Guard, DHS.
Final rule.
AGENCY:
ACTION:
SUMMARY: The Coast Guard is issuing
this final rule to adjust the limits of
liability for vessels, deepwater ports,
and onshore facilities under the Oil
Pollution Act of 1990 (OPA 90), as
amended, to reflect the increase in the
Consumer Price Index since 2015. 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 the Act. This
update promotes the Coast Guard’s
missions of maritime safety and
stewardship.
DATES: This final rule is effective on
November 12, 2019.
ADDRESSES: Documents mentioned in
this rule are available in our online
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docket at https://www.regulations.gov
and can be viewed by entering ‘‘USCG–
2019–0392’’ in the search field and
following the website’s instructions.
FOR FURTHER INFORMATION CONTACT: For
information about this document call or
email Benjamin White, Coast Guard;
telephone (202) 795–6066, email
Benjamin.H.White@uscg.mil.
SUPPLEMENTARY INFORMATION:
Table of Contents for Preamble
I.Abbreviations
II. Basis and Purpose, and Regulatory History
III. Background and Justification for Final
Rule
IV. Calculation for the Adjustment
V. Regulatory Analyses
A. Regulatory Planning and Review
B. Small Entities
C. Assistance for Small Entities
D. Collection of Information
E. Federalism
F. Unfunded Mandates Reform Act
G. Taking of Private Property
H. Civil Justice Reform
I. Protection of Children
J. Indian Tribal Governments
K. Energy Effects
L. Technical Standards
M. Environment
I. Abbreviations
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BLS Bureau of Labor Statistics
BOEM Bureau of Ocean Energy
Management
CPI Consumer Price Index
CPI–U Consumer Price Index—All Urban
Consumers, Not Seasonally Adjusted, U.S.
City Average, All Items, 1982–84 = 100
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
OMB Office of Management and Budget
OPA90 Oil Pollution Act of 1990
U.S.C. United States Code
§ Section
II. Basis and Purpose, and Regulatory
History
Under the Oil Pollution Act of 1990
(OPA 90) (33 U.S.C. 2701, et seq.), the
responsible parties for any vessel (other
than a public vessel) or facility from
which oil is discharged, or which poses
a substantial threat of discharge of oil,
into or upon the navigable waters or the
adjoining shorelines or the exclusive
economic zone of the United States are
strictly liable, jointly and severally,
under 33 U.S.C. 2702 (a) and (b), for the
removal costs and damages that result
from such incident. Under 33 U.S.C.
2704 (a), the responsible parties’
liability with respect to OPA 90 and any
one incident is limited, subject to
certain exceptions specified in 33 U.S.C.
2704 (c).
In the instances when a limit of
liability applies, the Oil Spill Liability
Trust Fund (‘‘the Fund’’) is available to
compensate the OPA 90 removal costs
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and damages incurred by the
responsible parties and third-party
claimants in excess of the applicable
limit of liability. The statutory limits of
liability for vessels and three types of
facilities are set forth in OPA 90: (1)
Onshore facilities, (2) deepwater ports,
and (3) offshore facilities other than
deepwater ports. In addition, to prevent
the real value of the OPA 90 statutory
limits of liability from depreciating over
time as a result of inflation, and to
preserve the ‘‘polluter pays’’ principle,
OPA 90 requires that the limits of
liability be adjusted ‘‘not less than every
3 years’’ to reflect significant increases
in the Consumer Price Index (CPI).1
The Coast Guard is responsible for
adjusting the limits of liability for
vessels, deepwater ports, and onshore
facilities. The Department of the
Interior’s Bureau of Ocean Energy
Management (BOEM) is responsible for
adjusting the limits of liability for
offshore facilities. Regarding vessels and
deepwater ports, the Coast Guard
adjusted the limits of liability in 2009
(74 FR 31357) 2 and in 2015 (80 FR
72342). Regarding onshore facilities,
USCG adjusted the limits of liability
only once, in 2015 (80 FR 72342), after
the President issued Executive Order
13638, which restated and simplified
the delegations in Executive Order
12777, section 4, and vested the
authority to make CPI adjustments to
the onshore facility statutory limit of
liability in ‘‘the Secretary of the
Department in which the Coast Guard is
operating.’’ The Secretary of the
Department of Homeland Security
(DHS) delegated that authority to the
Coast Guard. Regarding offshore
facilities, BOEM published a final rule
and adjusted the limits of liability for
offshore facilities in 2018 (83 FR 2540)
from $133,650,000 to $137,659,500.
III. Background and Justification for
Final Rule
The Coast Guard is promulgating this
rule pursuant to the provisions of Title
I of OPA, Executive Order 12777, as
amended, and Coast Guard regulations
in Title 33 of the Code of Federal
Regulations (CFR) part 138, subpart B—
OPA 90 Limits of Liability (Vessels,
Deepwater Ports and Onshore
Facilities). Under 5 U.S.C. 553(b)(B), the
Coast Guard has good cause for issuing
this final rule without notice or
comment as providing notice and
comment is unnecessary. Prior notice
and comment is ‘‘unnecessary’’ when
the change is minor or merely
1 33
U.S.C. 2704(d)(4).
2009 interim rule was adopted without
change as a final rule in 2010 (75 FR 750).
2 The
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technical.3 Prior notice and comment is
also unnecessary when there is no need
to allow ‘‘affected parties an
opportunity to participate in agency
decision making early in the process,
when the agency is more likely to
consider alternative ideas,’’ 4 and where
Congress requires an agency to perform
a non-discretionary act, and where no
extent of notice or commentary could
have altered the obligation of the
agency. In this instance, a proposed rule
is unnecessary because the adjustment
in the limit of liability is mandated by
statute, and is therefore nondiscretionary for the Coast Guard.
Furthermore, the methodology for
determining the amount is defined in
the Coast Guard’s regulations, and the
regulations in 33 CFR 138.240(a)
provide that inflation adjustments to the
limits of liability for vessels, deepwater
ports, and onshore facilities will be
implemented through final rulemaking.5
The full legislative and regulatory
history for the OPA 90 limit of liability
inflation adjustments can be found in
the rulemaking preamble for the last
inflation adjustment in the final rule
found at 80 FR 72342.
IV. Calculation for the Adjustment
The Coast Guard is issuing this final
rule to update the OPA 90 limits of
liability for vessels, deepwater ports,
and onshore facilities, as set forth in 33
CFR part 138, subpart B, to reflect
significant increases in the CPI since the
limits were last adjusted. OPA 90
requires adjustments to the limits of
liability not less than every 3 years to
reflect significant increases in the CPI.
The method for calculating these
adjustments is set forth in 33 CFR
138.240.
This final rule provides these periodic
inflation adjustments to the limits of
liability to reflect changes in the CPI
since the limits were last adjusted for
inflation in 2015 (80 FR 72342). As
provided in 33 CFR 138.240, we
3 Northern Arapahoe Tribe v. Hodel, 808 F.2d
741, 751 (10th Cir. 1987).
4 Id.
5 In the NPRM for the 2015 adjustment, titled
Consumer Price Index Adjustments of Oil Pollution
Act of 1990 Limits of Liability-Vessels, Deepwater
Ports and Onshore Facilities, the Coast Guard
proposed a simplified regulatory procedure for
making future inflation updates to the OPA 90
limits of liability. Under that procedure in new 33
CFR 138.240(a), the Director of NPFC publishes the
inflation-adjusted limits of liability in the Federal
Register as final rule amendments to 33 CFR
138.230. Further, the preamble of that NPRM stated
that ‘‘[b]ecause the adjustment methodology was
established by the CPI–1 Rule, and the simplified
[regulatory] procedure will be established by this
rulemaking, publication of an NPRM would not be
necessary for these future mandated inflation
adjustments.’’ 79 FR 49206 at 49211; August 19,
2014.
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calculate limit of liability adjustments,
using the Consumer Price Index—All
Urban Consumers, Not Seasonally
Adjusted, U.S. City Average, All Items,
1982–84=100 (CPI–U) values published
by the Bureau of Labor Statistics (BLS),
as follows—
1. Formula to calculate the percent
change in the Annual CPI–U: Percent
change in the Annual CPI–U = [(Annual
CPI–U for current period ¥ Annual
CPI–U for previous period) ÷ Annual
CPI–U for previous period] × 100, then
rounded to one decimal place.
2. Formula to derive the new limit of
liability, applying the percent change in
the Annual CPI–U: New Limit of
Liability = Previous Limit of Liability +
(Previous Limit of Liability × Percent
Change in CPI), then rounded to the
closest $100.
For this update, we used the 2018
Annual CPI–U value of 251.107 as the
‘‘current period’’ value, which is the
most recent Annual CPI–U published by
the BLS.6 The Coast Guard used the
2014 Annual CPI–U value of 236.736 as
the ‘‘previous period’’ value, which was
the Annual CPI–U used as the ‘‘current
period’’ value when the limits of
liability were last adjusted in 2015.
Applying the formula in Item 1 above,
we have determined that there was a 6.1
percent increase in the Annual CPI–U
since the OPA 90 limits of liability for
vessels, deepwater ports, and onshore
facilities were last adjusted. Table 1
below shows the previous and new
limits of liability derived by applying
the percent increase using the formula
in Item 2 above.
TABLE 1—CPI-ADJUSTED LIMITS OF LIABILITY
Previous limit
of liability
Source category
Percent
increase in
the annual
CPI–U
(percent)
New CPI-adjusted
limit of liability
§ 138.230(a) Vessels
(1) The OPA 90 limits of liability for tank vessels, other than
edible oil tank vessels and oil spill response vessels, are—.
(i) For a single-hull tank vessel greater than 3,000 gross
tons 7.
(ii) For a tank vessel greater than 3,000 gross tons, other
than a single-hull tank vessel.
(iii) For a single-hull tank vessel less than or equal to 3,000
gross tons.
(iv) For a tank vessel less than or equal to 3,000 gross tons,
other than a single-hull tank vessel.
(2) The OPA 90 limits of liability for any vessel other than a
vessel listed in subparagraph (a)(1) of § 138.230, including
for any edible oil tank vessel and any oil spill response,
vessel, are—.
.................................................
The greater of
gross ton or
The greater of
gross ton or
The greater of
gross ton or
The greater of
gross ton or
The greater of
gross ton or
........................
$3,500 per
$25,845,600.
$2,200 per
$18,796,800.
$3,500 per
$7,048,800.
$2,200 per
$4,699,200.
$1,100 per
$939,800.
6.1
6.1
6.1
6.1
6.1
The greater of
gross ton or
The greater of
gross ton or
The greater of
gross ton or
The greater of
gross ton or
The greater of
gross ton or
$3,700 per
$27,422,200.
$2,300 per
$19,943,400.
$3,700 per
$7,478,800.
$2,300 per
$4,985,900.
$1,200 per
$997,100.
§ 138.230(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 subparagraph (b)(2) of § 138.230, is—.
(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—.
(i) For the Louisiana Offshore Oil Port (LOOP) ........................
(ii) [Reserved] ............................................................................
$633,850,000 ..........................
6.1
$672,514,900.
.................................................
........................
$96,366,600 ............................
N/A ..........................................
6.1
N/A
$102,245,000.
N/A
6.1
$672,514,900.
§ 138.230(c) Onshore facilities
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The OPA 90 limit of liability for onshore facilities, including,
but not limited to, any motor vehicle, rolling stock or onshore pipeline, is—.
$633,850,000 ..........................
V. Regulatory Analyses
A. Regulatory Planning and Review
We developed this rule after
considering numerous statutes and
Executive orders related to rulemaking.
A summary of our analyses based on
these statutes or Executive orders
follows.
Executive Orders 12866 (Regulatory
Planning and Review) and 13563
(Improving Regulation and Regulatory
Review) direct agencies to assess the
costs and benefits of available regulatory
alternatives and, if regulation is
necessary, to select regulatory
approaches that maximize net benefits
(including potential economic,
environmental, public health and safety
effects, distributive impacts, and
equity). Executive Order 13563
emphasizes the importance of
quantifying costs and benefits, reducing
costs, harmonizing rules, and promoting
flexibility. Executive Order 13771
(Reducing Regulation and Controlling
subject to the jurisdiction of the United States,
including the Exclusive Economic Zone, carrying
oil in bulk as cargo or cargo residue; and there are
no waivers or extensions of the deadline. However,
OPA 90 continues to specify limits of liability for
single-hull tank vessels. The Coast Guard, therefore,
continues to adjust those limits of liability for
inflation.
6 https://www.bls.gov/cpi/tables/supplementalfiles/historical-cpi-u-201905.pdf.
7 As of January 1, 2015, tank vessels not equipped
with a double hull can no longer operate on waters
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Regulatory Costs) directs agencies to
reduce regulation and control regulatory
costs and provides that ‘‘for every one
new regulation issued, at least two prior
regulations be identified for elimination,
and that the cost of planned regulations
be prudently managed and controlled
through a budgeting process.’’
The Office of Management and Budget
(OMB) has not designated this rule a
significant regulatory action under
section 3(f) of Executive Order 12866.
Accordingly, OMB has not reviewed it.
Because this rule is not a significant
regulatory action, this rule is exempt
from the requirements of Executive
Order 13771. See the OMB
Memorandum titled ‘‘Guidance
Implementing Executive Order 13771,
titled ‘Reducing Regulation and
Controlling Regulatory Costs’ ’’ (April 5,
2017). A regulatory analysis (RA)
follows.
As was the case with the BOEM
rulemaking increasing the limits of
liability for offshore facilities, this final
rule is an update to the limit of liability
for vessels, deepwater ports, and
onshore facilities under OPA 90.8 This
rule does not increase the regulatory
burden on regulated entities when
measured in constant or real dollars.
This final rule simply maintains the
value of the limit of liability set by OPA
90 by updating the limit of liability for
inflation, as required by OPA 90 in 33
U.S.C. 2704(d)(4).
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Regulatory Cost
This final rule increases the limits of
liability under OPA 90 for vessels,
deepwater ports, and onshore facilities
by 6.1 percent. The Coast Guard does
not expect Certificate of Financial
Responsibility guarantor insurance
premiums for vessels to increase as a
result of this rule. This final rule will
only affect vessels, deepwater ports, and
onshore facilities that have an OPA 90
incident that exceeds their existing limit
of liability. The Coast Guard estimates
that this final rule will affect, at most,
three vessels per year. We estimate that
the rule could also affect one deepwater
port and one onshore facility over a 10year period. In such a case, the
maximum amount of additional liability
will represent a maintenance of the
value of the limits of liability set by
OPA 90.
Regulatory Benefit
This rulemaking ensures that the OPA
90 limits of liability keep pace with
inflation as required by OPA 90 (33
8 Documents from the BOEM rulemaking are
available at https://www.regulations.gov by entering
‘‘BOEM–2017–0048’’ in the search field and
following the website’s instructions.
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U.S.C. 2704(d)(4)). This final rule
requires responsible parties to
internalize inflation, thereby benefitting
the public, because the appropriate
amount of removal costs and damages
are borne by the responsible party. The
liability risk will not shift from the
responsible party to the public and the
Fund. This helps preserve the ‘‘polluter
pays’’ principle as intended by Congress
and preserves the Fund for its other
authorized uses. Absent CPI
adjustments, a responsible party gains
an advantage not intended by OPA 90.
Without inflation incorporated into the
determination of the applicable limit of
liability, the responsible party
ultimately pays a reduced percentage of
the total incident costs. Hence, this final
rule ensures that the limits of liability
are adjusted according to inflation and
remain constant over time.
B. Small Entities
Under the Regulatory Flexibility Act,
5 U.S.C. 601–612, we have considered
whether this rule will have a significant
economic impact on a substantial
number of small entities. The term
‘‘small entities’’ comprises small
businesses, not-for-profit organizations
that are independently owned and
operated and are not dominant in their
fields, and governmental jurisdictions
with populations of less than 50,000.
The Regulatory Flexibility Act does
not apply when notice and comment
rulemaking is not required. This rule is
not preceded by a notice of proposed
rulemaking (NPRM). Therefore, it is
exempt from the requirements of the
Regulatory Flexibility Act (5 U.S.C.
601–612). Furthermore, this rulemaking
is statutorily mandated. Pursuant to
established procedure in 33 CFR
138.240(a), an NPRM is unnecessary.
Therefore, the Coast Guard has
determined that a Regulatory Flexibility
Analysis does not apply to this
rulemaking.
C. Assistance for Small Entities
Under section 213(a) of the Small
Business Regulatory Enforcement
Fairness Act of 1996, Public Law 104–
121, we offer to assist small entities in
understanding this rule so that they can
better evaluate its effects on them and
participate in the rulemaking. The Coast
Guard will not retaliate against small
entities that question or complain about
this rule or any policy or action of the
Coast Guard.
Small businesses may send comments
on the actions of Federal employees
who enforce, or otherwise determine
compliance with, Federal regulations to
the Small Business and Agriculture
Regulatory Enforcement Ombudsman
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and the Regional Small Business
Regulatory Fairness Boards. The
Ombudsman evaluates these actions
annually and rates each agency’s
responsiveness to small business. If you
wish to comment on actions by
employees of the Coast Guard, call 1–
888–REG–FAIR (1–888–734–3247).
D. Collection of Information
The Paperwork Reduction Act of
1995, (44 U.S.C. 3501–3520) requires
that the Coast Guard consider the
impact of paperwork and other
information collection burdens imposed
on the public. The Coast Guard had
determined that there is no new
requirement for information collection
associated with this final rule.
E. Federalism
A rule has implications for federalism
under Executive Order 13132
(Federalism) if it has a substantial direct
effect on States, on the relationship
between the national government and
the States, or on the distribution of
power and responsibilities among the
various levels of government. We have
analyzed this rule under Executive
Order 13132 and have determined that
it is consistent with the fundamental
federalism principles and preemption
requirements described in Executive
Order 13132.
This final rule makes necessary
adjustments to the OPA 90 limits of
liability to reflect significant increases
in the CPI. Nothing in this final rule
affects the preservation of State
authorities under 33 U.S.C. 2718,
including the authority of any State to
impose additional liability or financial
responsibility requirements with respect
to discharges of oil within such State.
Therefore, this final rule has no
implications for federalism.
The Coast Guard recognizes the key
role that State and local governments
may have in making regulatory
determinations. Additionally, for rules
with federalism implications and
preemptive effect, Executive Order
13132 specifically directs agencies to
consult with State and local
governments during the rulemaking
process. The Coast Guard invites anyone
who believes this rule has implications
for federalism under Executive Order
13132 to contact the person listed in the
FOR FURTHER INFORMATION section of this
preamble.
F. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act
of 1995, 2 U.S.C. 1531–1538, requires
Federal agencies to assess the effects of
their discretionary regulatory actions. In
particular, the Act addresses actions
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that may result in the expenditure by a
State, local, or tribal government, in the
aggregate, or by the private sector of
$100 million (adjusted for inflation) or
more in any one year. Although this rule
will not result in such an expenditure,
we do discuss the effects of this rule
elsewhere in this preamble.
G. Taking of Private Property
This rule will not cause a taking of
private property or otherwise have
taking implications under Executive
Order 12630 (Governmental Actions and
Interference with Constitutionally
Protected Property Rights).
H. Civil Justice Reform
This rule meets applicable standards
in sections 3(a) and 3(b)(2) of Executive
Order 12988 (Civil Justice Reform), to
minimize litigation, eliminate
ambiguity, and reduce burden.
I. Protection of Children
We have analyzed this rule under
Executive Order 13045 (Protection of
Children from Environmental Health
Risks and Safety Risks). This rule is not
an economically significant rule and
will not create an environmental risk to
health or risk to safety that might
disproportionately affect children.
J. Indian Tribal Governments
This rule does not have tribal
implications under Executive Order
13175 (Consultation and Coordination
with Indian Tribal Governments),
because it will not have a substantial
direct effect on one or more Indian
tribes, on the relationship between the
Federal Government and Indian tribes,
or on the distribution of power and
responsibilities between the Federal
Government and Indian tribes.
K. Energy Effects
jspears on DSK3GMQ082PROD with RULES
We have analyzed this final rule
under Executive Order 13211 (Actions
Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use). We have
determined that it is not a ‘‘significant
energy action’’ under that order because
it is not a ‘‘significant regulatory action’’
under Executive Order 12866 and is not
likely to have a significant adverse effect
on the supply, distribution, or use of
energy.
these standards would be inconsistent
with applicable law or otherwise
impractical. Voluntary consensus
standards are technical standards (e.g.,
specifications of materials, performance,
design, or operation; test methods;
sampling procedures; and related
management systems practices) that are
developed or adopted by voluntary
consensus standards bodies.
This rule does not use technical
standards. Therefore, we did not
consider the use of voluntary consensus
standards.
M. Environment
We have analyzed this rule under
Department of Homeland Security
Management Directive 023–01 and
Environmental Planning COMDTINST
5090.1 (series), which guide the Coast
Guard in complying with the National
Environmental Policy Act of 1969 (42
U.S.C. 4321–4370f), and have made a
preliminary determination that this
action is one of a category of actions that
do not individually or cumulatively
have a significant effect on the human
environment. This final rule is
categorically excluded under paragraph
L53 of Appendix A, Table 1 of DHS
Instruction Manual 023–01–001–01,
Rev. 01. Paragraph L53 pertains to
congressionally mandated regulations
designed to improve or protect the
environment. This rule adjusts the
limits of liability for vessels, deepwater
ports, and onshore facilities to reflect
significant increases in the CPI using the
methodology established in 33 CFR
138.40(a) and mandated by statute. The
Coast Guard certifies this rule will not
have significant environmental impacts.
List of Subjects in 33 CFR Part 138
Hazardous materials transportation,
Insurance, Oil pollution, Reporting and
recordkeeping requirements, Surety
bonds, Vessels, Water pollution control.
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 138 as follows:
PART 138—FINANCIAL
RESPONSIBILITY FOR WATER
POLLUTION (VESSELS) AND OPA 90
LIMITS OF LIABILITY (VESSELS,
DEEPWATER PORTS AND ONSHORE
FACILITIES)
1. The authority citation for part 138
continues to read as follows:
L. Technical Standards
■
The National Technology Transfer
and Advancement Act, codified as a
note to 15 U.S.C. 272, directs agencies
to use voluntary consensus standards in
their regulatory activities unless the
agency provides Congress, through
OMB, with an explanation of why using
Authority: 33 U.S.C. 2704, 2716, 2716a; 42
U.S.C. 9608, 9609; 6 U.S.C. 552; E.O. 12580,
Sec. 7(b), 3 CFR, 1987 Comp., p. 193; E.O.
12777, Secs. 4 and 5, 3 CFR, 1991 Comp., p.
351, as amended by E.O. 13286, Sec. 89, 3
CFR, 2004 Comp., p. 166, and by E.O. 13638,
Sec. 1, 3 CFR, 2014 Comp., p.227;
VerDate Sep<11>2014
16:22 Aug 12, 2019
Jkt 247001
PO 00000
Frm 00016
Fmt 4700
Sfmt 4700
Department of Homeland Security Delegation
Nos. 0170.1 and 5110, Revision 01. Section
138.30 also issued under the authority of 46
U.S.C. 2103 and 14302.
Subpart B—OPA 90 Limits of Liability
(Vessels, Deepwater Ports and
Onshore Facilities)
§ 138.230
[Amended]
2. Amend § 138.230 as follows:
a. In paragraph (a)(1)(i), remove the
text ‘‘$3,500 per gross ton or
$25,845,600’’ and add, in its place, the
text ‘‘$3,700 per gross ton or
$27,422,200’’;
■ b. In paragraph (a)(1)(ii), remove the
text ‘‘$2,200 per gross ton or
$18,796,800’’ and add, in its place, the
text ‘‘$2,300 per gross ton or
$19,943,400’’;
■ c. In paragraph (a)(1)(iii), remove the
text ‘‘$3,500 per gross ton or
$7,048,800’’ and add, in its place, the
text ‘‘$3,700 per gross ton or
$7,478,800’’;
■ d. In paragraph (a)(1)(iv), remove the
text ‘‘$2,200 per gross ton or
$4,699,200’’ and add, in its place, the
text ‘‘$2,300 per gross ton or
$4,985,900’’;
■ e. In paragraph (a)(2), remove the text
‘‘$1,100 per gross ton or $939,800’’ and
add, in its place, the text ‘‘$1,200 per
gross ton or $997,100’’;
■ f. In paragraph (b)(1) remove the text
‘‘$633,850,000’’ and add, in its place,
the text ‘‘$672,514,900’’;
■ g. In paragraph (b)(2)(i), remove the
text ‘‘$96,366,000’’ and add, in its place,
the text ‘‘$102,245,000’’; and
■ h. In paragraph (c), remove the text
‘‘$633,850,000’’ and add, in its place,
the text ‘‘$672,514,900’’.
■
■
Dated: July 22, 2019.
Thomas G. Allan,
Assistant Commandant for Resources, United
States Coast Guard.
[FR Doc. 2019–17234 Filed 8–12–19; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2019–0669]
RIN 1625–AA00
Safety Zone; Toledo Country Club
Fireworks, Maumee River, Toledo, OH
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
SUMMARY: The Coast Guard is
establishing a temporary safety zone for
E:\FR\FM\13AUR1.SGM
13AUR1
]]>Agencies
[Federal Register Volume 84, Number 156 (Tuesday, August 13, 2019)]
[Rules and Regulations]
[Pages 39970-39974]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-17234]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 138
[Docket No. USCG-2019-0392]
RIN 1625-AC53
Consumer Price Index Adjustments of Oil Pollution Act of 1990
Limits of Liability--Vessels, Deepwater Ports and Onshore Facilities
AGENCY: Coast Guard, DHS.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is issuing this final rule to adjust the
limits of liability for vessels, deepwater ports, and onshore
facilities under the Oil Pollution Act of 1990 (OPA 90), as amended, to
reflect the increase in the Consumer Price Index since 2015. 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 the Act. This update promotes
the Coast Guard's missions of maritime safety and stewardship.
DATES: This final rule is effective on November 12, 2019.
ADDRESSES: Documents mentioned in this rule are available in our online
[[Page 39971]]
docket at https://www.regulations.gov and can be viewed by entering
``USCG-2019-0392'' in the search field and following the website's
instructions.
FOR FURTHER INFORMATION CONTACT: For information about this document
call or email Benjamin White, Coast Guard; telephone (202) 795-6066,
email [email protected].
SUPPLEMENTARY INFORMATION:
Table of Contents for Preamble
I.Abbreviations
II. Basis and Purpose, and Regulatory History
III. Background and Justification for Final Rule
IV. Calculation for the Adjustment
V. Regulatory Analyses
A. Regulatory Planning and Review
B. Small Entities
C. Assistance for Small Entities
D. Collection of Information
E. Federalism
F. Unfunded Mandates Reform Act
G. Taking of Private Property
H. Civil Justice Reform
I. Protection of Children
J. Indian Tribal Governments
K. Energy Effects
L. Technical Standards
M. Environment
I. Abbreviations
BLS Bureau of Labor Statistics
BOEM Bureau of Ocean Energy Management
CPI Consumer Price Index
CPI-U Consumer Price Index--All Urban Consumers, Not Seasonally
Adjusted, U.S. City Average, All Items, 1982-84 = 100
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
OMB Office of Management and Budget
OPA90 Oil Pollution Act of 1990
U.S.C. United States Code
Sec. Section
II. Basis and Purpose, and Regulatory History
Under the Oil Pollution Act of 1990 (OPA 90) (33 U.S.C. 2701, et
seq.), the responsible parties for any vessel (other than a public
vessel) or facility from which oil is discharged, or which poses a
substantial threat of discharge of oil, into or upon the navigable
waters or the adjoining shorelines or the exclusive economic zone of
the United States are strictly liable, jointly and severally, under 33
U.S.C. 2702 (a) and (b), for the removal costs and damages that result
from such incident. Under 33 U.S.C. 2704 (a), the responsible parties'
liability with respect to OPA 90 and any one incident is limited,
subject to certain exceptions specified in 33 U.S.C. 2704 (c).
In the instances when a limit of liability applies, the Oil Spill
Liability Trust Fund (``the Fund'') is available to compensate the OPA
90 removal costs and damages incurred by the responsible parties and
third-party claimants in excess of the applicable limit of liability.
The statutory limits of liability for vessels and three types of
facilities are set forth in OPA 90: (1) Onshore facilities, (2)
deepwater ports, and (3) offshore facilities other than deepwater
ports. In addition, to prevent the real value of the OPA 90 statutory
limits of liability from depreciating over time as a result of
inflation, and to preserve the ``polluter pays'' principle, OPA 90
requires that the limits of liability be adjusted ``not less than every
3 years'' to reflect significant increases in the Consumer Price Index
(CPI).\1\
---------------------------------------------------------------------------
\1\ 33 U.S.C. 2704(d)(4).
---------------------------------------------------------------------------
The Coast Guard is responsible for adjusting the limits of
liability for vessels, deepwater ports, and onshore facilities. The
Department of the Interior's Bureau of Ocean Energy Management (BOEM)
is responsible for adjusting the limits of liability for offshore
facilities. Regarding vessels and deepwater ports, the Coast Guard
adjusted the limits of liability in 2009 (74 FR 31357) \2\ and in 2015
(80 FR 72342). Regarding onshore facilities, USCG adjusted the limits
of liability only once, in 2015 (80 FR 72342), after the President
issued Executive Order 13638, which restated and simplified the
delegations in Executive Order 12777, section 4, and vested the
authority to make CPI adjustments to the onshore facility statutory
limit of liability in ``the Secretary of the Department in which the
Coast Guard is operating.'' The Secretary of the Department of Homeland
Security (DHS) delegated that authority to the Coast Guard. Regarding
offshore facilities, BOEM published a final rule and adjusted the
limits of liability for offshore facilities in 2018 (83 FR 2540) from
$133,650,000 to $137,659,500.
---------------------------------------------------------------------------
\2\ The 2009 interim rule was adopted without change as a final
rule in 2010 (75 FR 750).
---------------------------------------------------------------------------
III. Background and Justification for Final Rule
The Coast Guard is promulgating this rule pursuant to the
provisions of Title I of OPA, Executive Order 12777, as amended, and
Coast Guard regulations in Title 33 of the Code of Federal Regulations
(CFR) part 138, subpart B--OPA 90 Limits of Liability (Vessels,
Deepwater Ports and Onshore Facilities). Under 5 U.S.C. 553(b)(B), the
Coast Guard has good cause for issuing this final rule without notice
or comment as providing notice and comment is unnecessary. Prior notice
and comment is ``unnecessary'' when the change is minor or merely
technical.\3\ Prior notice and comment is also unnecessary when there
is no need to allow ``affected parties an opportunity to participate in
agency decision making early in the process, when the agency is more
likely to consider alternative ideas,'' \4\ and where Congress requires
an agency to perform a non-discretionary act, and where no extent of
notice or commentary could have altered the obligation of the agency.
In this instance, a proposed rule is unnecessary because the adjustment
in the limit of liability is mandated by statute, and is therefore non-
discretionary for the Coast Guard. Furthermore, the methodology for
determining the amount is defined in the Coast Guard's regulations, and
the regulations in 33 CFR 138.240(a) provide that inflation adjustments
to the limits of liability for vessels, deepwater ports, and onshore
facilities will be implemented through final rulemaking.\5\ The full
legislative and regulatory history for the OPA 90 limit of liability
inflation adjustments can be found in the rulemaking preamble for the
last inflation adjustment in the final rule found at 80 FR 72342.
---------------------------------------------------------------------------
\3\ Northern Arapahoe Tribe v. Hodel, 808 F.2d 741, 751 (10th
Cir. 1987).
\4\ Id.
\5\ In the NPRM for the 2015 adjustment, titled Consumer Price
Index Adjustments of Oil Pollution Act of 1990 Limits of Liability-
Vessels, Deepwater Ports and Onshore Facilities, the Coast Guard
proposed a simplified regulatory procedure for making future
inflation updates to the OPA 90 limits of liability. Under that
procedure in new 33 CFR 138.240(a), the Director of NPFC publishes
the inflation-adjusted limits of liability in the Federal Register
as final rule amendments to 33 CFR 138.230. Further, the preamble of
that NPRM stated that ``[b]ecause the adjustment methodology was
established by the CPI-1 Rule, and the simplified [regulatory]
procedure will be established by this rulemaking, publication of an
NPRM would not be necessary for these future mandated inflation
adjustments.'' 79 FR 49206 at 49211; August 19, 2014.
---------------------------------------------------------------------------
IV. Calculation for the Adjustment
The Coast Guard is issuing this final rule to update the OPA 90
limits of liability for vessels, deepwater ports, and onshore
facilities, as set forth in 33 CFR part 138, subpart B, to reflect
significant increases in the CPI since the limits were last adjusted.
OPA 90 requires adjustments to the limits of liability not less than
every 3 years to reflect significant increases in the CPI. The method
for calculating these adjustments is set forth in 33 CFR 138.240.
This final rule provides these periodic inflation adjustments to
the limits of liability to reflect changes in the CPI since the limits
were last adjusted for inflation in 2015 (80 FR 72342). As provided in
33 CFR 138.240, we
[[Page 39972]]
calculate limit of liability adjustments, using the Consumer Price
Index--All Urban Consumers, Not Seasonally Adjusted, U.S. City Average,
All Items, 1982-84=100 (CPI-U) values published by the Bureau of Labor
Statistics (BLS), as follows--
1. Formula to calculate the percent change in the Annual CPI-U:
Percent change in the Annual CPI-U = [(Annual CPI-U for current period
- Annual CPI-U for previous period) / Annual CPI-U for previous period]
x 100, then rounded to one decimal place.
2. Formula to derive the new limit of liability, applying the
percent change in the Annual CPI-U: New Limit of Liability = Previous
Limit of Liability + (Previous Limit of Liability x Percent Change in
CPI), then rounded to the closest $100.
For this update, we used the 2018 Annual CPI-U value of 251.107 as
the ``current period'' value, which is the most recent Annual CPI-U
published by the BLS.\6\ The Coast Guard used the 2014 Annual CPI-U
value of 236.736 as the ``previous period'' value, which was the Annual
CPI-U used as the ``current period'' value when the limits of liability
were last adjusted in 2015. Applying the formula in Item 1 above, we
have determined that there was a 6.1 percent increase in the Annual
CPI-U since the OPA 90 limits of liability for vessels, deepwater
ports, and onshore facilities were last adjusted. Table 1 below shows
the previous and new limits of liability derived by applying the
percent increase using the formula in Item 2 above.
---------------------------------------------------------------------------
\6\ https://www.bls.gov/cpi/tables/supplemental-files/historical-cpi-u-201905.pdf.
Table 1--CPI-Adjusted Limits of Liability
----------------------------------------------------------------------------------------------------------------
Percent
increase in
Source category Previous limit of the annual New CPI-adjusted limit of
liability CPI-U liability
(percent)
----------------------------------------------------------------------------------------------------------------
Sec. 138.230(a) Vessels
----------------------------------------------------------------------------------------------------------------
(1) The OPA 90 limits of liability for .......................... .............. ..........................
tank vessels, other than edible oil
tank vessels and oil spill response
vessels, are--.
(i) For a single-hull tank vessel The greater of $3,500 per 6.1 The greater of $3,700 per
greater than 3,000 gross tons \7\. gross ton or $25,845,600. gross ton or $27,422,200.
(ii) For a tank vessel greater than The greater of $2,200 per 6.1 The greater of $2,300 per
3,000 gross tons, other than a single- gross ton or $18,796,800. gross ton or $19,943,400.
hull tank vessel.
(iii) For a single-hull tank vessel less The greater of $3,500 per 6.1 The greater of $3,700 per
than or equal to 3,000 gross tons. gross ton or $7,048,800. gross ton or $7,478,800.
(iv) For a tank vessel less than or The greater of $2,200 per 6.1 The greater of $2,300 per
equal to 3,000 gross tons, other than a gross ton or $4,699,200. gross ton or $4,985,900.
single-hull tank vessel.
(2) The OPA 90 limits of liability for The greater of $1,100 per 6.1 The greater of $1,200 per
any vessel other than a vessel listed gross ton or $939,800. gross ton or $997,100.
in subparagraph (a)(1) of Sec.
138.230, including for any edible oil
tank vessel and any oil spill response,
vessel, are--.
----------------------------------------------------------------------------------------------------------------
Sec. 138.230(b) Deepwater ports
----------------------------------------------------------------------------------------------------------------
(1) The OPA 90 limit of liability for $633,850,000.............. 6.1 $672,514,900.
any deepwater port, including for any
component pipelines, other than a
deepwater port listed in subparagraph
(b)(2) of Sec. 138.230, is--.
(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--.
(i) For the Louisiana Offshore Oil Port $96,366,600............... 6.1 $102,245,000.
(LOOP).
(ii) [Reserved]......................... N/A....................... N/A N/A
----------------------------------------------------------------------------------------------------------------
Sec. 138.230(c) Onshore facilities
----------------------------------------------------------------------------------------------------------------
The OPA 90 limit of liability for $633,850,000.............. 6.1 $672,514,900.
onshore facilities, including, but not
limited to, any motor vehicle, rolling
stock or onshore pipeline, is--.
----------------------------------------------------------------------------------------------------------------
V. Regulatory Analyses
---------------------------------------------------------------------------
\7\ As of January 1, 2015, tank vessels not equipped with a
double hull can no longer operate on waters subject to the
jurisdiction of the United States, including the Exclusive Economic
Zone, carrying oil in bulk as cargo or cargo residue; and there are
no waivers or extensions of the deadline. However, OPA 90 continues
to specify limits of liability for single-hull tank vessels. The
Coast Guard, therefore, continues to adjust those limits of
liability for inflation.
---------------------------------------------------------------------------
We developed this rule after considering numerous statutes and
Executive orders related to rulemaking. A summary of our analyses based
on these statutes or Executive orders follows.
A. Regulatory Planning and Review
Executive Orders 12866 (Regulatory Planning and Review) and 13563
(Improving Regulation and Regulatory Review) direct agencies to assess
the costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits (including potential economic, environmental, public
health and safety effects, distributive impacts, and equity). Executive
Order 13563 emphasizes the importance of quantifying costs and
benefits, reducing costs, harmonizing rules, and promoting flexibility.
Executive Order 13771 (Reducing Regulation and Controlling
[[Page 39973]]
Regulatory Costs) directs agencies to reduce regulation and control
regulatory costs and provides that ``for every one new regulation
issued, at least two prior regulations be identified for elimination,
and that the cost of planned regulations be prudently managed and
controlled through a budgeting process.''
The Office of Management and Budget (OMB) has not designated this
rule a significant regulatory action under section 3(f) of Executive
Order 12866. Accordingly, OMB has not reviewed it. Because this rule is
not a significant regulatory action, this rule is exempt from the
requirements of Executive Order 13771. See the OMB Memorandum titled
``Guidance Implementing Executive Order 13771, titled `Reducing
Regulation and Controlling Regulatory Costs' '' (April 5, 2017). A
regulatory analysis (RA) follows.
As was the case with the BOEM rulemaking increasing the limits of
liability for offshore facilities, this final rule is an update to the
limit of liability for vessels, deepwater ports, and onshore facilities
under OPA 90.\8\ This rule does not increase the regulatory burden on
regulated entities when measured in constant or real dollars. This
final rule simply maintains the value of the limit of liability set by
OPA 90 by updating the limit of liability for inflation, as required by
OPA 90 in 33 U.S.C. 2704(d)(4).
---------------------------------------------------------------------------
\8\ Documents from the BOEM rulemaking are available at https://www.regulations.gov by entering ``BOEM-2017-0048'' in the search
field and following the website's instructions.
---------------------------------------------------------------------------
Regulatory Cost
This final rule increases the limits of liability under OPA 90 for
vessels, deepwater ports, and onshore facilities by 6.1 percent. The
Coast Guard does not expect Certificate of Financial Responsibility
guarantor insurance premiums for vessels to increase as a result of
this rule. This final rule will only affect vessels, deepwater ports,
and onshore facilities that have an OPA 90 incident that exceeds their
existing limit of liability. The Coast Guard estimates that this final
rule will affect, at most, three vessels per year. We estimate that the
rule could also affect one deepwater port and one onshore facility over
a 10-year period. In such a case, the maximum amount of additional
liability will represent a maintenance of the value of the limits of
liability set by OPA 90.
Regulatory Benefit
This rulemaking ensures that the OPA 90 limits of liability keep
pace with inflation as required by OPA 90 (33 U.S.C. 2704(d)(4)). This
final rule requires responsible parties to internalize inflation,
thereby benefitting the public, because the appropriate amount of
removal costs and damages are borne by the responsible party. The
liability risk will not shift from the responsible party to the public
and the Fund. This helps preserve the ``polluter pays'' principle as
intended by Congress and preserves the Fund for its other authorized
uses. Absent CPI adjustments, a responsible party gains an advantage
not intended by OPA 90. Without inflation incorporated into the
determination of the applicable limit of liability, the responsible
party ultimately pays a reduced percentage of the total incident costs.
Hence, this final rule ensures that the limits of liability are
adjusted according to inflation and remain constant over time.
B. Small Entities
Under the Regulatory Flexibility Act, 5 U.S.C. 601-612, we have
considered whether this rule will have a significant economic impact on
a substantial number of small entities. The term ``small entities''
comprises small businesses, not-for-profit organizations that are
independently owned and operated and are not dominant in their fields,
and governmental jurisdictions with populations of less than 50,000.
The Regulatory Flexibility Act does not apply when notice and
comment rulemaking is not required. This rule is not preceded by a
notice of proposed rulemaking (NPRM). Therefore, it is exempt from the
requirements of the Regulatory Flexibility Act (5 U.S.C. 601-612).
Furthermore, this rulemaking is statutorily mandated. Pursuant to
established procedure in 33 CFR 138.240(a), an NPRM is unnecessary.
Therefore, the Coast Guard has determined that a Regulatory Flexibility
Analysis does not apply to this rulemaking.
C. Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996, Public Law 104-121, we offer to assist small
entities in understanding this rule so that they can better evaluate
its effects on them and participate in the rulemaking. The Coast Guard
will not retaliate against small entities that question or complain
about this rule or any policy or action of the Coast Guard.
Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247).
D. Collection of Information
The Paperwork Reduction Act of 1995, (44 U.S.C. 3501-3520) requires
that the Coast Guard consider the impact of paperwork and other
information collection burdens imposed on the public. The Coast Guard
had determined that there is no new requirement for information
collection associated with this final rule.
E. Federalism
A rule has implications for federalism under Executive Order 13132
(Federalism) if it has a substantial direct effect on States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this rule under Executive Order 13132 and
have determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
This final rule makes necessary adjustments to the OPA 90 limits of
liability to reflect significant increases in the CPI. Nothing in this
final rule affects the preservation of State authorities under 33
U.S.C. 2718, including the authority of any State to impose additional
liability or financial responsibility requirements with respect to
discharges of oil within such State. Therefore, this final rule has no
implications for federalism.
The Coast Guard recognizes the key role that State and local
governments may have in making regulatory determinations. Additionally,
for rules with federalism implications and preemptive effect, Executive
Order 13132 specifically directs agencies to consult with State and
local governments during the rulemaking process. The Coast Guard
invites anyone who believes this rule has implications for federalism
under Executive Order 13132 to contact the person listed in the FOR
FURTHER INFORMATION section of this preamble.
F. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995, 2 U.S.C. 1531-1538,
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions
[[Page 39974]]
that may result in the expenditure by a State, local, or tribal
government, in the aggregate, or by the private sector of $100 million
(adjusted for inflation) or more in any one year. Although this rule
will not result in such an expenditure, we do discuss the effects of
this rule elsewhere in this preamble.
G. Taking of Private Property
This rule will not cause a taking of private property or otherwise
have taking implications under Executive Order 12630 (Governmental
Actions and Interference with Constitutionally Protected Property
Rights).
H. Civil Justice Reform
This rule meets applicable standards in sections 3(a) and 3(b)(2)
of Executive Order 12988 (Civil Justice Reform), to minimize
litigation, eliminate ambiguity, and reduce burden.
I. Protection of Children
We have analyzed this rule under Executive Order 13045 (Protection
of Children from Environmental Health Risks and Safety Risks). This
rule is not an economically significant rule and will not create an
environmental risk to health or risk to safety that might
disproportionately affect children.
J. Indian Tribal Governments
This rule does not have tribal implications under Executive Order
13175 (Consultation and Coordination with Indian Tribal Governments),
because it will not have a substantial direct effect on one or more
Indian tribes, on the relationship between the Federal Government and
Indian tribes, or on the distribution of power and responsibilities
between the Federal Government and Indian tribes.
K. Energy Effects
We have analyzed this final rule under Executive Order 13211
(Actions Concerning Regulations That Significantly Affect Energy
Supply, Distribution, or Use). We have determined that it is not a
``significant energy action'' under that order because it is not a
``significant regulatory action'' under Executive Order 12866 and is
not likely to have a significant adverse effect on the supply,
distribution, or use of energy.
L. Technical Standards
The National Technology Transfer and Advancement Act, codified as a
note to 15 U.S.C. 272, directs agencies to use voluntary consensus
standards in their regulatory activities unless the agency provides
Congress, through OMB, with an explanation of why using these standards
would be inconsistent with applicable law or otherwise impractical.
Voluntary consensus standards are technical standards (e.g.,
specifications of materials, performance, design, or operation; test
methods; sampling procedures; and related management systems practices)
that are developed or adopted by voluntary consensus standards bodies.
This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.
M. Environment
We have analyzed this rule under Department of Homeland Security
Management Directive 023-01 and Environmental Planning COMDTINST 5090.1
(series), which guide the Coast Guard in complying with the National
Environmental Policy Act of 1969 (42 U.S.C. 4321-4370f), and have made
a preliminary determination that this action is one of a category of
actions that do not individually or cumulatively have a significant
effect on the human environment. This final rule is categorically
excluded under paragraph L53 of Appendix A, Table 1 of DHS Instruction
Manual 023-01-001-01, Rev. 01. Paragraph L53 pertains to
congressionally mandated regulations designed to improve or protect the
environment. This rule adjusts the limits of liability for vessels,
deepwater ports, and onshore facilities to reflect significant
increases in the CPI using the methodology established in 33 CFR
138.40(a) and mandated by statute. The Coast Guard certifies this rule
will not have significant environmental impacts.
List of Subjects in 33 CFR Part 138
Hazardous materials transportation, Insurance, Oil pollution,
Reporting and recordkeeping requirements, Surety bonds, Vessels, Water
pollution control.
For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 138 as follows:
PART 138--FINANCIAL RESPONSIBILITY FOR WATER POLLUTION (VESSELS)
AND OPA 90 LIMITS OF LIABILITY (VESSELS, DEEPWATER PORTS AND
ONSHORE FACILITIES)
0
1. The authority citation for part 138 continues to read as follows:
Authority: 33 U.S.C. 2704, 2716, 2716a; 42 U.S.C. 9608, 9609; 6
U.S.C. 552; E.O. 12580, Sec. 7(b), 3 CFR, 1987 Comp., p. 193; E.O.
12777, Secs. 4 and 5, 3 CFR, 1991 Comp., p. 351, as amended by E.O.
13286, Sec. 89, 3 CFR, 2004 Comp., p. 166, and by E.O. 13638, Sec.
1, 3 CFR, 2014 Comp., p.227; Department of Homeland Security
Delegation Nos. 0170.1 and 5110, Revision 01. Section 138.30 also
issued under the authority of 46 U.S.C. 2103 and 14302.
Subpart B--OPA 90 Limits of Liability (Vessels, Deepwater Ports and
Onshore Facilities)
Sec. 138.230 [Amended]
0
2. Amend Sec. 138.230 as follows:
0
a. In paragraph (a)(1)(i), remove the text ``$3,500 per gross ton or
$25,845,600'' and add, in its place, the text ``$3,700 per gross ton or
$27,422,200'';
0
b. In paragraph (a)(1)(ii), remove the text ``$2,200 per gross ton or
$18,796,800'' and add, in its place, the text ``$2,300 per gross ton or
$19,943,400'';
0
c. In paragraph (a)(1)(iii), remove the text ``$3,500 per gross ton or
$7,048,800'' and add, in its place, the text ``$3,700 per gross ton or
$7,478,800'';
0
d. In paragraph (a)(1)(iv), remove the text ``$2,200 per gross ton or
$4,699,200'' and add, in its place, the text ``$2,300 per gross ton or
$4,985,900'';
0
e. In paragraph (a)(2), remove the text ``$1,100 per gross ton or
$939,800'' and add, in its place, the text ``$1,200 per gross ton or
$997,100'';
0
f. In paragraph (b)(1) remove the text ``$633,850,000'' and add, in its
place, the text ``$672,514,900'';
0
g. In paragraph (b)(2)(i), remove the text ``$96,366,000'' and add, in
its place, the text ``$102,245,000''; and
0
h. In paragraph (c), remove the text ``$633,850,000'' and add, in its
place, the text ``$672,514,900''.
Dated: July 22, 2019.
Thomas G. Allan,
Assistant Commandant for Resources, United States Coast Guard.
[FR Doc. 2019-17234 Filed 8-12-19; 8:45 am]
BILLING CODE 9110-04-P
