demise charterer of a vessel held out for sale or lease, is the COFR
Operator.
    (3) A time or voyage charterer who does not assume responsibility
for the operation of a vessel is not a COFR Operator for purposes of
this subpart.
    (4) The designation of an operator to act as the COFR Operator on
behalf of a vessel's responsible parties for purposes of this subpart
does not limit who may be determined to be an operator under OPA 90,
CERCLA, or both, in the event of an incident or a release.
    Day or days means calendar days unless otherwise specified.
    Director means the person in charge of the U.S. Coast Guard,
National Pollution Funds Center (NPFC), or that person's authorized
representative.
    eCOFR means the electronic Certificate of Financial Responsibility
web-based process located on the NPFC COFR program website, https://npfc.uscg.mil/cofr/default.aspx, and is the process COFR Operators may
use to apply for and renew COFRs.
    Evidence of financial responsibility means the demonstration of the
financial ability of the responsible parties for a vessel to which this
subpart applies to meet their potential liabilities under OPA 90,
CERCLA, or both, up to the total applicable amount determined as
provided under Sec.  138.100 of this subpart.
    Financial guarantor is a type of guarantor and means a business
entity or other person providing a financial guaranty under Sec.
138.110(c). A financial guarantor is distinct from a COFR insurance
guarantor, a self-insurer, or a surety. A self-insurer, however, may
also serve as a financial guarantor for others.
    Fish tender vessel and fishing vessel have the same meanings as set
forth in 46 U.S.C. 2101.
    Fleet Certificate means a COFR issued by the Director under this
subpart to the COFR Operator of a fleet of 2 or more unmanned, non-
self-propelled barges

that are not tank vessels and that, from time to time, may be subject
to this subpart (for example, a hopper barge over 300 gross tons when
carrying oily metal shavings or similar cargo). A Fleet Certificate
covers, automatically, all unmanned, non-self-propelled, non-tank
barges for which the COFR Operator may from time to time be responsible
that does not exceed the maximum gross tonnage indicated on the Fleet
Certificate.
    Fuel means any oil or hazardous substance used, or capable of being
used, to produce heat or power by burning, including power to operate
equipment. A hand-carried pump with no more than 5 gallons of fuel
capacity, that is neither integral to nor regularly stored aboard a
non-self-propelled barge, is not equipment.
    Guarantor means any person who has been determined to be acceptable
by the Director, as provided in Sec.  138.110, and who is providing
evidence of financial responsibility on behalf of one or more of a
vessel's responsible parties, other than as a responsible party
providing self-insurance under Sec.  138.110(d).
    Hazardous material has the same meaning as set forth in 46 U.S.C.
2101.
    Individual Certificate means a COFR issued by the Director under
this subpart to the COFR Operator for a single vessel.
    Insurance guarantor is a type of guarantor and means an insurance
company, association of underwriters, ship owners' protection and
indemnity association, or other person, serving as a guarantor under
Sec.  138.110(b). An insurance guarantor is distinct from a self-
insurer, a financial guarantor, or a surety.
    Master Certificate means a COFR issued by the Director under this
subpart to the COFR Operator of one or more vessels that are under the
custody of such person solely in the capacity of a builder, repairer,
or scrapper, or for the purpose of holding vessels out for sale or
lease, where such person does not physically operate the vessels. A
Master Certificate covers, automatically, all of the vessels subject to
this subpart held by the COFR Operator solely for purposes of
construction, repair, scrapping, sale or lease. A vessel which is being
operated commercially in any business venture, including the business
of building, repairing, scrapping, leasing, or selling (for example, a
slop barge used by a shipyard) cannot be covered by a Master
Certificate and must have either a current Individual Certificate or,
if applicable, a current Fleet Certificate.
    Net worth means the amount of all assets located in the United
States, less all liabilities anywhere in the world.
    NPFC means the U.S. Coast Guard, National Pollution Funds Center.
NPFC is the U.S. Government office responsible for administering the
OPA 90 and CERCLA vessel COFR program.
    Offshore supply vessel has the same meaning as set forth in 46
U.S.C. 2101.
    OPA 90 means the Oil Pollution Act of 1990, as amended (33 U.S.C.
2701, et seq.).
    Public vessel means a vessel owned or demise chartered and operated
by the United States, by a State or political subdivision thereof, or
by a foreign nation, except when the vessel is engaged in commerce.
    Release, for purposes of this subpart, means a release as defined
in CERCLA (specifically, 42 U.S.C. 9601), or a threatened release, of a
hazardous substance.
    Responsible party, for purposes of OPA 90 evidence of financial
responsibility, has the same meaning as defined at 33 U.S.C. 2701; and,
for purposes of CERCLA evidence of financial responsibility, means any
person who is an ``owner or operator,'' as defined at 42 U.S.C. 9601,
including any person chartering a vessel by demise.
    Self-insurer means a COFR Operator providing evidence of financial
responsibility as the responsible party of the subject vessel, as
provided under Sec.  138.110(d). A self-insurer is distinct from a
guarantor.
    Total applicable amount means an evidence of financial
responsibility amount that must be demonstrated under this subpart,
determined as provided in Sec.  138.100.
    Working capital means the amount of current assets located in the
United States, less all current liabilities anywhere in the world.

Sec.  138.40  General requirements.

    (a) Requirement to establish and maintain evidence of financial
responsibility. The COFR Operator of a vessel must establish and
maintain (or cause to be established and maintained) evidence of
financial responsibility acceptable to the Director using any one of
the methods specified in Sec.  138.110, in an amount equal to or
greater than the total applicable amount determined under Sec.  138.100
and, in the case of a financial guarantor, as further provided under
Sec.  138.110(c)(2) (aggregation of total applicable amounts). The
evidence of financial responsibility required by this paragraph must
be--
    (1) Established as of the date they become a responsible party; and
    (2) Continuously maintained for so long as they remain a
responsible party.
    (b) Requirement to have a COFR and report changes. The COFR
Operator must apply for and ensure the vessel is covered at all times
by a current COFR, by complying with the requirements and procedures
set forth in this subpart, including the reporting requirements in
Sec.  138.150.

Sec.  138.50   How to apply vessel gross tonnages.

    (a) Purpose. This section sets forth the methods for applying
vessel gross tonnage to--
    (1) Determine whether a vessel exceeds the 100 or 300 gross ton
threshold under Sec.  138.20 and OPA 90, CERCLA, or both;
    (2) Calculate the OPA 90 and CERCLA applicable amounts of financial
responsibility required, as provided in Sec.  138.100; and
    (3) Determine the OPA 90 limit of liability under subpart B of this
part in the event of an oil pollution incident, and the CERCLA limit of
liability under 42 U.S.C. 9607 in the event of a hazardous substance
release.
    (b) Both GT ITC and GRT assigned. For a vessel assigned both gross
tonnage ITC (GT ITC) and gross register tonnage (GRT) under 46 CFR part
69, apply the tonnage thresholds in Sec.  138.20 using the assigned GRT
tonnage, and determine the applicable amounts of financial
responsibility and the limits of liability using the assigned GT ITC
tonnage.
    (c) GT ITC or GRT assigned. For a vessel assigned only a GT ITC or
a GRT tonnage under 46 CFR part 69, apply the tonnage thresholds in
Sec.  138.20, and determine the applicable amounts of evidence of
financial responsibility and the limits of liability using the assigned
GT ITC or GRT tonnage.
    (d) High or low GRT assigned. For a vessel assigned a high and low
GRT tonnage under 46 CFR part 69, subpart D (Dual Regulatory
Measurement System), apply the tonnage thresholds in Sec.  138.20, and
determine the applicable amounts of financial responsibility and the
limits of liability, using the high GRT tonnage.
    (e) Summary. The use of assigned gross tonnages, as required by
paragraphs (b) through (d) of this section, is summarized in the
following table.

        Table 1 to Sec.   138.50--Use of Assigned Gross Tonnages
------------------------------------------------------------------------
                                             Assigned tonnage
                                 ---------------------------------------
                                                         To determine
                                     To apply the         applicable
            Category                    tonnage       amounts under Sec.
                                  thresholds in Sec.       138.100 and
                                         138.20            limits of
                                                           liability
------------------------------------------------------------------------
Vessels Assigned Both GT ITC and  GRT...............  GT ITC.
 GRT.
Vessels Assigned--
    GT ITC only.................  GT ITC............  GT ITC.
    GRT only....................  GRT...............  GRT.
------------------------------------------------------------------------

    (f) Certified gross tonnage governs. In the event of an incident or
release, the responsible parties and guarantors are governed by the
vessel's assigned gross tonnage on the date of the incident. This is as
determined under paragraphs (b) through (e) of this section and
evidenced on the appropriate tonnage certifying document as provided
for under the U.S. tonnage regulations or international conventions
(for example, tonnage certificate or completed Simplified measurement
application, International Tonnage Certificate (1969)), regardless of
what gross tonnage is specified in the Application or guaranty form
submitted under this subpart, except when the responsible parties or
guarantors knew or should have known that the tonnage certificate
information was incorrect (see also Sec.  138.110(h)(1)(iii)).
    (g) Requirement to present tonnage certifying document(s). Each
COFR Operator must submit to the Director, or other authorized United
States Government official, upon request, for examination and copying,
the original or an unaltered and legible electronic copy of the
vessel's applicable tonnage certifying document(s).

Sec.  138.60  Forms and submissions; ensuring submission timeliness.

    (a) Where to obtain forms. All forms referred to in this subpart
are available at the NPFC COFR program website, https://npfc.uscg.mil/cofr/default.aspx, and may be completed online or downloaded.
    (b) Where to obtain information. Direct all questions concerning
the requirements of this subpart to the NPFC at one of the addresses in
paragraphs (c)(1)(ii) through (iv) of this section or by calling the
NPFC at<PHONE_NUMBER>.
    (c) How to present Applications and other required submissions.
    (1) Provide all submissions required by this subpart to the
Director, by one of the following four methods:
    (i) Electronically, using the eCOFR process (located at https://npfc.uscg.mil/cofr/default.aspx);
    (ii) By email, sent to such email address as the Director may
specify, attaching legible electronic images scanned in a format
acceptable to the Director;
    (iii) By fax, sent to<PHONE_NUMBER> with a cover sheet specifying
the total number of pages, the sender's telephone number, and
referencing NPFC telephone number<PHONE_NUMBER>; or
    (iv) By mail, addressed to: Director, National Pollution Funds
Center; ATTN: VESSEL CERTIFICATION; U.S. Coast Guard Stop 7605; 2703
Martin Luther King Jr Ave SE; Washington, DC 20593-7605.
    (2) Submissions may not be hand delivered to the NPFC.
    (3) Do not present submissions by more than one method.
    (d) Required contents of submissions. Unless otherwise instructed
by the Director, all submissions required by this subpart must--
    (1) Set forth, in full, the correct legal name of the COFR Operator
to whom the COFR is to be, or has been, issued;
    (2) Be in English, and
    (3) Express all monetary terms in United States dollars.
    (e) Ensuring the timeliness of submissions; requesting deadline
exceptions.
    (1) Compliance with a submission deadline will be determined based
on the day the submission is received by NPFC. If a deadline specified
in this subpart falls on a weekend or Federal holiday, the deadline
will occur on the next business day.
    (2) Ensuring the timeliness of the submissions is the sole
responsibility of the person making the submission.
    (3) The Director may, in the Director's sole discretion, grant an
exception to a deadline specified in this subpart only upon written
request, submitted as provided in paragraph (c) and (d) of this
section, in advance of the deadline and for good cause shown. The
Director will not grant a deadline exception request that does not set
forth the reasons for the request and that does not give NPFC
sufficient time to consider and act on an Application or a request for
COFR renewal before the COFR is required.
    (f) Public access to information. Financial data and other
information submitted to the Director is considered public information
to the extent required by the Freedom of Information Act (5 U.S.C. 552)
and permitted by the Privacy Act (5 U.S.C. 552(a)).

Sec.  138.70  Issuance and renewal of COFRs.

    (a) Types of COFRs. The Director issues the following three types
of COFRs as provided further in Sec.  138.80: Individual Certificates,
Fleet Certificates and Master Certificates.
    (b) Requirements before issuance and renewal of COFRs. The Director
will issue or renew a COFR only after NPFC receives a completed
Application or request for COFR renewal, and satisfactory evidence of
financial responsibility.
    (c) COFRs are issued only to designated COFR Operators. Each COFR
of any type is issued only in the name of the COFR Operator designated
in the Application or request for COFR renewal.
    (d) Form of issuance. All COFRs are issued by the Director in
electronic form on NPFC's COFR program website (https://npfc.uscg.mil/cofr/default.aspx) for a term of no more than 3 years from the date of
issuance.
    (e) Information included in COFRs. The following information is
available on NPFC's COFR program website for each COFR issued by the
Director:
    (1) The name of the COFR Operator;
    (2) The date of COFR expiration;
    (3) The COFR number;
    (4) For an Individual Certificate, the name of the covered vessel,
and the vessel's gross tonnage information, including the measurement
system(s) used;
    (5) For a Fleet Certificate, the gross tons of the largest
unmanned, non-self-propelled, non-tank barge within the fleet,
including the measurement systems(s) used; and
    (6) For a Master Certificate, the gross tons of the largest tank
vessel and largest vessel other than a tank vessel eligible for
coverage by the Master Certificate, including the measurement
systems(s) used.

Sec.  138.80  Applying for COFRs

    (a) How to apply for a COFR. To apply for a COFR of any type, the
COFR Operator must--
    (1) Submit, or cause to be submitted, to the Director, by one of
the submission methods provided in Sec.  138.60(c):
    (i) An Application;
    (A) For an Individual Certificate, list the name of the covered
vessel, and the vessel's gross tonnage information, including the
measurement system(s) used on the application;
    (B) For a Fleet Certificate, instead of listing each individual
barge, mark the box with the following statement: ``This is an
Application for a Fleet Certificate. The largest unmanned, non-self-
propelled, non-tank barge to be covered by this Application is [INSERT
APPLICABLE GROSS TONS] GT ITC and [INSERT GROSS TONNAGE] GRT''; and
    (C) For a Master Certificate, instead of listing each individual
vessel, mark the box with the following statement: ``This is an
Application for a Master Certificate. The largest tank vessel to be
covered by this Application is [INSERT APPLICABLE GROSS TONS] GT ITC
and [INSERT APPLICABLE GROSS TONS] GRT, as applicable. The largest
vessel other than a tank vessel to be covered by this Application is
[INSERT APPLICABLE GROSS TONS] GT ITC and [INSERT APPLICABLE GROSS
TONS] GRT, as applicable.''
    (ii) The evidence of financial responsibility using one of the
guaranty methods provided in Sec.  138.110;
    (A) For a Fleet Certificate, the evidence of financial
responsibility must be in the total applicable amount, determined as
provided in Sec.  138.100, for the largest unmanned, non-self-
propelled, non-tank barge to be covered.
    (B) For a Master Certificate, the evidence of financial
responsibility must be in the total applicable amount determined as
provided in Sec.  138.100 for the largest tank vessel and largest non-
tank vessel to be covered by the Master Certificate.
    (iii) The agent for service of process designations required by
Sec.  138.130; and
    (iv) All other supporting documentation required by this subpart.
    (A) At the time of Application for a Master Certificate, the COFR
Operator must submit a report to the Director, indicating: The name;
previous name, if applicable; type; gross tonnage and measurement
system(s) used, for each vessel covered by the Master Certificate,
indicating which vessels, if any, are tank vessels. If a vessel has
both a GT ITC and GRT tonnage, specify both gross tonnages.
    (B) Six months after receiving a Master Certificate, and every 6
months thereafter, each COFR Operator must submit to the Director, an
updated report, separately listing the vessels no longer covered by
that Master Certificate. If a vessel has both a GT ITC and GRT, both
gross tonnages must be specified. If a vessel has been transferred to
another responsible party and the COFR Operator to whom the Master
Certificate was issued ceases to be the vessel's operator, the COFR
Operator must report the date and place of the transfer, and the name
and contact information of the responsible party to whom the vessel was
transferred. If the vessels covered by the Master Certificate have not
changed from the previous report, the COFR Operator may submit an
updated report that indicates no change from previous report.
    (2) Pay, or cause to be paid, all fees required by Sec.  138.120.
    (b) Application deadline. The Director must receive the
Application, evidence of financial responsibility, and other required
supporting documentation, at least 21 days prior to the date the
Certificate is required. The COFR Operator may seek an exception to the
21-day submission deadline only as provided in Sec.  138.60(e)(3).
    (c) Where to obtain Application forms. COFR Operators may create an
Application using the online eCOFR web process (located at https://npfc.uscg.mil/cofr/default.aspx) or, if not using eCOFR, may obtain an
``Application for Vessel Certificate of Financial Responsibility (Water
Pollution)'' at the same website.
    (d) Requirement to verify, or sign and date, the Application. (1)
The COFR Operator must complete and either verify the Application in
eCOFR as provided in Sec.  138.60(c)(1)(i) or, if not using eCOFR, sign
and date the hard-copy signature page of the Application and submit the
signed Application to the Director, by one of the methods specified in
Sec.  138.60(c)(1)(ii)-(iv).
    (2) The Application must include the title of the person signing
it.
    (3) If the person signing the Application is acting under a Power
of Attorney, they must include a copy of the Power of Attorney with the
Application.
    (e) Requirement to update Applications. The COFR Operator must
report any changes to the Application to the Director in writing, no
later than 5 business days after discovery of the change. The Director
may require that the COFR Operator submit a revised Application and
provide additional evidence of financial responsibility, and pay any
additional fees required by Sec.  138.120.
    (f) Amending Fleet and Master Certificates. Before operating a
barge or vessel that exceeds the maximum gross tonnage indicated on the
COFR, the COFR Operator must:
    (1) Submit a new or amended Application, or a written request to
supplement the Application, to reflect the new maximum gross tonnages
on the COFR;
    (2) Unless the COFR Operator qualifies as a self-insurer at the
higher total applicable amount, submit, or cause to be submitted,
evidence of financial responsibility using one of the guaranty methods
provided in Sec.  138.110 to the Director, demonstrating increased
coverage based on the new maximum gross tonnage; and
    (3) Pay a new certification fee, as required by Sec.  138.120.

Sec.  138.90  Renewing COFRs.

    (a) The COFR Operator must submit a request for COFR renewal to the
NPFC at least 21 days, but no earlier than 90 days, before the
expiration date of the current COFR.
    (b) The COFR Operator may seek an exception to the 21-day request
for COFR renewal submission deadline in paragraph (a) of this section
only as provided in Sec.  138.60(e)(3).
    (c) The COFR Operator must identify in the request for COFR renewal
all changes to the information contained in the initial Application,
including the gross ton measurement system(s) used (if not previously
provided), the evidence of financial responsibility, and all other
supporting documentation previously submitted to the Director, as
provided in Sec.  138.150.

Sec.  138.100  How to calculate a total applicable amount.

    The total applicable amount is the sum of the OPA 90 applicable
amount determined under paragraph (a) of this section plus the CERCLA
applicable amount determined under paragraph (b) of this section.
    (a) OPA 90 applicable amount. The applicable amount under OPA 90 is
equal to the applicable limit of liability determined as provided in
subpart B of this part.
    (b) CERCLA applicable amount. The applicable amount under CERCLA is
determined as follows:
    (1) For a vessel over 300 gross tons carrying a hazardous substance
as cargo, and for any vessel covered under Sec. Sec.  138.110(c)(3) or
(d)(2)(ii) (calculation of CERCLA applicable amounts for financial
guarantors and self-insurers), the greater of $5,000,000 or $300 per
gross ton.

    (2) For any other vessel over 300 gross tons, the greater of
$500,000 or $300 per gross ton.
    (c) Amended applicable amounts. If an applicable amount determined
under paragraph (a) or (b) of this section is amended by statute or
regulation, the COFR Operator must establish and maintain evidence of
financial responsibility in an amount equal to or greater than the
amended total applicable amount, as provided in Sec.  138.240(a).
    (d) OPA 90 and CERCLA applicable amounts and limits of liability.
    The responsible parties are strictly, jointly and severally liable,
for the costs and damages resulting from an incident or a release, but
together they need only establish and maintain an amount of financial
responsibility equal to the single limit of liability per incident or
release. Only that portion of the evidence of financial responsibility
under this subpart with respect to--
    (1) OPA 90 is required to be made available by a guarantor for the
costs and damages related to an incident where there is not also a
release; and
    (2) CERCLA is required to be made available by a guarantor for the
costs and damages related to a release where there is not also an
incident. A guarantor (or a self-insurer for whom the exceptions to a
limitations of liability are not applicable), therefore, is not
required to apply the entire amount of financial responsibility to an
incident involving oil alone or a release involving a hazardous
substance alone.

Sec.  138.110  How to establish and maintain evidence of financial
responsibility.

    (a) General requirement; guaranty effective date and termination
date. The COFR Operator of each vessel must submit, or cause to be
submitted, to the Director, the evidence of financial responsibility
required by Sec.  138.40(a) using one of the methods specified in this
section.
    (1) If submitted on behalf of the COFR Operator, the guarantor must
provide evidence of financial responsibility to the Director.
    (2) The effective and termination dates are as follows:

       Table 2 to Sec.   138.110--Effective and Termination Dates
------------------------------------------------------------------------
    Type of  certificate         Effective date       Termination date
------------------------------------------------------------------------
Individual..................  Guaranty form         30 days after the
                               submission date.      date the Director
                                                     and the COFR
                                                     Operator receive
                                                     written notice from
                                                     the guarantor that
                                                     the guarantor
                                                     intends to cancel
                                                     the guaranty for
                                                     that vessel.
Fleet.......................  Guaranty form
                               submission date or
                               date COFR Operator
                               becomes a
                               Responsible Party
                               for the vessel.
Master......................  Guaranty form
                               submission date or
                               date COFR Operator
                               becomes a
                               Responsible Party
                               for the vessel.
------------------------------------------------------------------------

    (3) Termination Provisions: (i) The guarantor must specify the
reason for terminating the guaranty in the notice required by this
paragraph, if known.
    (ii) Termination of the guaranty as to any covered vessel will not
affect the liability of the guarantor in connection with an incident or
release commencing or occurring prior to the effective date of the
guaranty termination.
    (4) If, at any time, the information contained in the evidence of
financial responsibility submitted under this section changes, or there
is a material change in a guarantor or self-insurer's financial
position, the guarantor or COFR Operator or self-insurer (as
applicable), must report the change to the Director, as provided in
Sec.  138.150.
    (b) Insurance guaranty method. The COFR Operator may establish and
maintain evidence of financial responsibility using the insurance
guaranty method by submitting an Insurance Guaranty Form to the
Director.
    (1) Each form must be executed by no more than four COFR insurance
guarantors accepted by the Director. A lead underwriter is considered
one of the COFR insurance guarantors.
    (2) The process for establishing and maintaining the acceptability
of a COFR insurance guarantor is as follows:
    (i) The COFR insurance guarantor must request an initial
determination by the Director of the COFR insurance guarantor's
acceptability to serve as a COFR insurance guarantor under this
subpart, at least 90 days before the date a COFR is required, by
submitting information describing the COFR insurance guarantor's
structure, business practices, history, and financial strength, and
such other information as may be requested by the Director.
    (ii) The Director reviews the continued acceptability of COFR
insurance guarantors annually. Each COFR insurance guarantor must
submit updates to the initial request submitted under paragraph
(b)(2)(i) of this section, annually, within 90 days after the close of
the COFR insurance guarantor's fiscal year, describing any material
changes to the COFR insurance guarantor's legal status, structure,
business practices, history, and financial strength, since the previous
year's submission, and providing such other information as may be
requested by the Director.
    (c) Financial guaranty method. The COFR Operator may establish and
maintain evidence of financial responsibility using the financial
guaranty method by submitting a Financial Guaranty Form to the
Director.
    (1) Each form must be executed by no more than four financial
guarantors accepted by the Director, at least one of which must be a
parent or affiliate of the COFR Operator. (See paragraph (g) of this
section for additional requirements if more than one financial
guarantor signs the form.)
    (2) The process for establishing and maintaining the acceptability
of a financial guarantor is as follows:
    (i) The financial guarantor must comply with the self-insurance
provisions in paragraph (d) of this section, and the periodic reporting
requirements in paragraph (e)(1) through (4) of this section.
    (ii) The financial guarantor must also demonstrate that it
maintains net worth and working capital, each in amounts equal to or
greater than--
    (A) The aggregate total applicable amounts, calculated for each
COFR Operator vessel for which the financial guaranty is being
provided, based on each such COFR Operator's vessel with the greatest
total applicable amount, plus--
    (B) The total applicable amount required to be demonstrated by a
self-insurer under this subpart if the financial guarantor is also
acting as a self-insurer.
    (3) In the case of a vessel greater than 300 gross tons, calculate
the CERCLA applicable amount under Sec.  138.100(b)(1) based on a
vessel carrying hazardous substances as cargo.

    (d) Self-insurance method. The COFR Operator may establish and
maintain evidence of financial responsibility using the self-insurance
method as follows:
    (1) Submit to the Director the financial statements specified in
paragraphs (e)(1) through (4) of this section for the fiscal year
preceding the date the COFR Operator signs the Application or request
for COFR renewal.
    (2) Demonstrate that the COFR Operator maintains, in the United
States, working capital and net worth, each in amounts equal to or
greater than the total applicable amount, calculated as follows:
    (i) If the self-insurer has multiple vessels, calculate the total
applicable amount based on the vessel with the greatest total
applicable amount.
    (ii) In the case of a vessel greater than 300 gross tons, calculate
the CERCLA applicable amount under Sec.  138.100(b)(1) based on a
vessel carrying hazardous substances as cargo.
    (e) Reporting requirements for self-insurers and financial
guarantors. (1) Each self-insurer and financial guarantor must submit
the following reports to the Director with the Application and annually
thereafter, within the deadlines specified in paragraph (e)(4) of this
section:
    (i) Submit the self-insurer or financial guarantor's annual,
current, and audited non-consolidated financial statements prepared in
accordance with Generally Accepted Accounting Principles, and audited
by an independent Certified Public Accountant in accordance with
Generally Accepted Auditing Standards.
    (ii) Accompany the financial statements with a declaration from the
self-insurer or financial guarantor's chief financial officer,
treasurer, or equivalent official, certifying the amount of the self-
insurer or financial guarantor's current assets, and the amount of the
self-insurer or financial guarantor's total assets included in the
accompanying balance sheet, which are located in the United States.
    (iii) If the financial statements cannot be submitted in non-
consolidated form, submit a consolidated statement accompanied by an
additional declaration prepared by the same Certified Public
Accountant--
    (A) Verifying the amount by which the total assets located in the
United States exceed the self-insurer or financial guarantor's total
(worldwide) liabilities, and the self-insurer or financial guarantor's
current assets located in the United States exceed the self-insurer or
financial guarantor's total (worldwide) current liabilities;
    (B) Specifically naming the self-insurer or financial guarantor;
    (C) Confirming that the amounts so verified relate only to the
self-insurer or financial guarantor, apart from any parent or other
affiliated entity; and
    (D) Identifying the consolidated financial statement to which it
applies.
    (2) When the self-insurer or financial guarantor's demonstrated net
worth is not at least ten times the cumulative total applicable
amounts, their chief financial officer, treasurer, or equivalent
official must submit to the Director with the Application and semi-
annually thereafter, within the deadline specified in paragraph (e)(4)
of this section, an affidavit stating that neither their working
capital nor net worth fell during the first 6 months of the self-
insurer or financial guarantor's current fiscal year, below the
cumulative total applicable amounts.
    (3) All self-insurers and financial guarantors must--
    (i) Submit, upon the Director's request, additional financial
information within the time specified; and
    (ii) Notify the Director in writing within 5 days following the
date the self-insurer or financial guarantor knows, or has reason to
know, that its working capital or net worth has fallen below the total
applicable amounts.
    (4) All required annual financial statements and declarations must
be submitted to the Director within 90 days after the close of the
self-insurer or financial guarantor's fiscal year. All required semi-
annual financial statements and declarations must be submitted to the
Director within 30 days after the close of the applicable 6-month
period. The Director will grant an extension of the time limits for
submissions under this paragraph only as provided in Sec.  138.60(e).
    (5) A failure by a self-insurer or financial guarantor to timely
submit to the Director any statement, data, notification, or other
submission required may result in the Director denying or revoking the
COFR, and may prompt enforcement action as provided under Sec.
138.170.
    (6) The Director may waive the working capital requirement for any
self-insurer or financial guarantor that--
    (i) Is a regulated public utility, a municipal or higher-level
governmental entity, or an entity operating solely as a charitable,
non-profit organization qualifying under the Internal Revenue Code (26
U.S.C. 501(c)), provided that the self-insurer or financial guarantor
demonstrates in writing that the waiver would benefit a local public
interest; or
    (ii) Demonstrates in writing that working capital is not a
significant factor in the self-insurer or financial guarantor's
financial condition, in which case the self-insurer or financial
guarantor's net worth in relation to the required cumulative total
applicable amounts, and a history of stable operations, are the major
elements considered by the Director.
    (f) Other guaranty methods for establishing evidence of financial
responsibility. (1) The COFR Operator may request that the Director
accept a guaranty method for establishing evidence of financial
responsibility that is different from one of the methods described in
paragraphs (b) through (e) of this section as follows:
    (i) The COFR Operator must submit the request to the Director in
writing, at least 90 days prior to the date the COFR is required.
    (ii) The request must describe in detail: The method proposed; the
reasons why the COFR Operator does not wish to (or is unable to) use
one of the methods described in paragraphs (b) through (e); and how the
proposed guaranty method assures that the vessel's responsible parties
have the financial ability to meet their potential liabilities under
OPA 90 and CERCLA in the event of an incident or a release.
    (iii) Each COFR Operator making a request under this paragraph must
provide the Director a proposed guaranty form that includes all the
elements described in paragraphs (g) and (h) of this section.
    (2) The Director will not accept a self-insurance method other than
the one described in paragraph (d) of this section. The Director also
will not accept a guaranty method under this paragraph that merely
deletes or alters a requirement or provision of one of the guaranty
methods described in paragraphs (b) through (e) of this section (for
example, one that alters the termination clause of the Insurance
Guaranty).
    (3) A Director's decision to accept an alternative guaranty method
of establishing evidence of financial responsibility under this
paragraph is final agency action.
    (g) Additional rules regarding multiple guarantors. If more than
one guarantor executes the relevant guaranty form, the following rules
apply:
    (1) If a guarantor's percentage of vertical participation is
specified on the relevant guaranty form, the guarantor is subject to
direct action and is liable for the payment of costs and damages under
OPA 90 or CERCLA, as applicable, only in accordance with the percentage
of vertical participation so specified for that guarantor.

    (2) Participation in the form of layering (tiers, one in excess of
another) is not permitted. Only vertical participation on a percentage
basis and participation with no specified percentage allocation is
acceptable.
    (3) If no percentage of vertical participation is specified for a
guarantor on the relevant guaranty form, the guarantor's liability is
joint and several for the total of the unspecified portion.
    (4) The participating guarantors must designate a lead guarantor
having authority to bind all of the participating guarantors for
actions required of guarantors under OPA 90 or CERCLA and this subpart,
including but not limited to reporting changes in the evidence of
financial responsibility as provided in Sec.  138.150(d), receipt of
source designations, advertisement of source designations and the
responsible party's claims procedures, and receipt and settlement of
claims.
    (h) Direct action. (1) Each guarantor providing evidence of
financial responsibility must submit to the Director a written
acknowledgment by the guarantor that a claimant (including a claimant
by right of subrogation) may assert any claim for costs or damages
arising under OPA 90, CERCLA, or both, directly against the guarantor,
regardless of whether the claim is asserted in an action in court or
other proceeding. The guarantor must also acknowledge that, in the
event a claim is asserted directly against the guarantor under OPA 90,
CERCLA, or both, the guarantor may invoke only the following rights and
defenses--
    (i) The incident, release, or both, were caused by the willful
misconduct of a responsible party for whom the guaranty was provided;
    (ii) All rights and defenses, which would be available to the
responsible party under OPA 90, CERCLA, or both, as applicable;
    (iii) A defense that the amount of the claim, or all claims
asserted with respect to the same incident or release, whether asserted
in court or in any other proceeding, exceeds the amount of the
guaranty, except when the guaranty is based on the gross tonnage of the
vessel (instead of the statutory minimums) and the guarantor knew or
should have known that the applicable tonnage certificate was incorrect
(see Sec.  138.50(f)); and
    (iv) The claim is not one made under OPA 90, CERCLA, or both.
    (2) Except when the guaranty is based on the gross tonnage of the
vessel (instead of the statutory minimums) and the guarantor knew or
should have known that the evidence of financial responsibility or
applicable tonnage certificate is incorrect (see Sec.  138.50(f)), a
guarantor who provides evidence of financial responsibility under this
subpart will be liable, with respect to any one incident or release, or
both, as applicable, only for the amount of costs and damages specified
in the evidence of financial responsibility.
    (3) A guarantor will not be considered to have consented to direct
action under any law other than OPA 90 or CERCLA, or to unlimited
liability under any law or in any venue, solely because the guarantor
has provided evidence of financial responsibility under this subpart.
    (4) In the event of any finding that the liability of a guarantor
under OPA 90 or CERCLA exceeds the amount of the guaranty provided
under this subpart, that guaranty is considered null and void with
respect to that excess.
    (i) Process upon disapproval of guarantor. If the Director intends
to disapprove or revoke the approval of a guarantor (for example, due
to the guarantor's change in financial position), the Director will
notify the COFR Operator of the need to establish new evidence of
financial responsibility within a specified period.
    (1) If the COFR Operator establishes, or causes to be established,
new acceptable evidence of financial responsibility within the period
specified by the Director in the notice, the Application if otherwise
complete will be approved or the COFR will remain in effect, and the
COFR Operator will not have to pay a new Application fee or
certification fee.
    (2) If the COFR Operator fails to establish, or cause to be
established, new acceptable evidence of financial responsibility within
the period specified by the Director in the notice, the Director may
deny or revoke the COFR and, if revoked, the COFR Operator will have to
apply for a new COFR and pay a new certification fee. The COFR
Operator's failure to establish, or cause to be established, new
acceptable evidence of financial responsibility within the period
specified by the Director may also result in enforcement as provided
under Sec.  138.170.

Sec.  138.120  Fees.

    (a) Fee payment methods. Each COFR Operator applying for a COFR, or
requesting a COFR renewal, must pay the fees required by paragraphs (b)
and (c) of this section as follows:
    (1) All fees required by this section must be paid in United States
dollars.
    (2) For COFR Operators using eCOFR as provided under Sec.
138.60(c)(1)(i), credit card payment is required.
    (3) For COFR Operators submitting Applications and requests for
COFR renewal under Sec.  138.60(c)(1)(ii)-(iv) (email, fax, and mail
submissions), the fees must be paid by a check, cashier's check, draft,
or postal money order, made payable to the ``U.S. Coast Guard''. Cash
payments will not be accepted.
    (i) For Applications and requests for COFR renewal submitted under
Sec.  138.60(c)(1)(ii) and (iii) (email and fax submissions,
respectively), all fee payments must be received by the Director no
later than 21 days following submission of the Application or request
for COFR renewal.
    (ii) For Applications and requests for COFR renewal submitted under
Sec.  138.60(c)(1)(iv) (mail submissions), all fee payments must be
enclosed with the Application or request for COFR renewal.
    (4) Any failure to timely pay the fees required by this section may
result in COFR denial or revocation, debt collection (see 6 CFR part
11, 44 CFR part 11, and 31 CFR parts 285, and 900 through 904), and
such other enforcement under Sec.  138.170 as may be appropriate.
    (b) Application fee. (1) Except as provided in paragraph (b)(2),
the COFR Operator must pay a non-refundable Application fee of $200 for
each Application submitted under this subpart (for each Application for
one or more Individual Certificates, for a Fleet Certificate, or for a
Master Certificate).
    (2) An Application fee is not required when the COFR Operator
submits--
    (i) a request for an additional Individual Certificate under an
existing Application;
    (ii) a request to amend an Application;
    (iii) a request for Certificate renewal; or
    (iv) a request to reinstate a Certificate, if submitted within 90
days following the Certificate's revocation.
    (c) Certification fees. In addition to the Application fees
required by paragraph (b) of this section, each COFR Operator who
submits an Application or request for COFR renewal must pay the
following certification fees:
    (1) $100 for each vessel listed in, or added to, an Application for
one or more Individual Certificates;
    (2) $100 for each Application for a Fleet Certificate or Master
Certificate; and
    (3) $100 for each request for renewal of an Individual Certificate,
a Fleet Certificate or a Master Certificate.
    (d) Fee refunds. (1) A certification fee will be refunded, upon
receipt by the Director of a written request, if the

Application or request for COFR renewal is denied by the Director, or
if the Application is withdrawn by the COFR Operator before the
Director issues the COFR.
    (2) Overpayments of Application and certification fees will be
refunded to the COFR Operator.

Sec.  138.130   Agents for Service of process.

    (a) Designation of U.S. agents for service of process. Each COFR
Operator and guarantor must designate on the forms submitted a person
located in the United States as its U.S. agent for service of process
and (in the event of an incident, a release, or both) for receipt of
notices of source designation, claims presented under OPA 90, CERCLA,
or both, and lawsuits brought under OPA 90, CERCLA, or both.
    (b) U.S. agent for service of process acknowledgment. Each U.S.
agent for service of process designated under paragraph (a) must
acknowledge the agency designation in writing unless the agent has
already submitted a written master (that is, blanket) agency
acknowledgment to the Director showing that the agent has agreed in
advance to act as the U.S. agent for service of process for the COFR
Operator or guarantor in question.
    (c) How to change the U.S. agent for service of process. A COFR
Operator or guarantor may change a designated U.S. agent for service of
process, at any time and for any reason, by submitting a new U.S. agent
for service of process designation in accordance with the procedure in
paragraph (a), and by causing the new U.S. agent for service of process
to submit the agency acknowledgment required by paragraph (b).
    (d) Replacement of unavailable U.S. agent for service of process.
In the event a designated U.S. agent for service of process becomes
unavailable at any time, for any reason, the COFR Operator or guarantor
must designate a new U.S. agent for service of process in accordance
with the procedures in paragraph (a), within 5 days of the COFR
Operator or guarantor becoming aware of such unavailability. In
addition, the new U.S. agent for service of process must submit to the
Director the agency acknowledgment required by paragraph (b).
    (e) Service on the Director. If a designated U.S. agent for service
of process cannot be served, then service of process on the Director,
as provided in this paragraph, will constitute valid service of process
on the COFR Operator or guarantor. Service of process on the Director
will not be effective unless the server--
    (1) Has sent a copy of each document served on the Director to the
COFR Operator or guarantor, as applicable, by registered mail, at the
COFR Operator or guarantor's last known address on file with the
Director;
    (2) Indicates, at the time process is served upon the Director,
that the purpose of the mailing is to effect service of process on the
COFR Operator or guarantor; and
    (3) Provides evidence acceptable to the Director at the time
process is served upon the Director, that service was attempted on the
designated U.S. agent for service of process but failed, stating the
reasons why service on the U.S. agent for service of process was not
possible, and that the document was sent to the COFR Operator or
guarantor, as required by paragraph (e)(1).

Sec.  138.140   Application withdrawals, COFR denials and revocations.

    (a) Application withdrawal. A COFR Operator may withdraw an
Application at any time prior to issuance of the COFR.
    (b) Application denials and COFR revocations. The Director may deny
an Application or revoke a COFR, and the United States may initiate
enforcement under Sec.  138.170, for any failure to comply with the
requirements of this subpart, including--
    (1) If the COFR Operator, or other person acting on the COFR
Operator's behalf, makes a false statement in, or in connection with,
any submission required by this subpart;
    (2) If the COFR Operator, or other person acting on the COFR
Operator's behalf, fails to establish or maintain acceptable evidence
of financial responsibility, as required by this subpart;
    (3) If the COFR Operator fails to pay the Application and
certification fees required by Sec.  138.120;
    (4) If the COFR Operator or guarantor fails to designate and
maintain a U.S. agent for service of process as required by Sec.
138.130;
    (5) If the COFR Operator, or other person acting on the COFR
Operator's behalf, fails to comply with, or respond to, lawful
inquiries, regulations, or orders of the U.S. Coast Guard pertaining to
the activities subject to this subpart;
    (6) If the COFR Operator, or other person acting on the COFR
Operator's behalf, fails to timely report information required to be
reported to the Director under this subpart, including failing to
timely submit to the Director statements, data, financial information,
notifications, affidavits, or other submissions required by this
subpart; or
    (7) If the Director obtains information indicating that the
Application should be denied or that a new COFR is required (for
example, a permanent vessel transfer, new COFR Operator, vessel
renaming, guaranty termination, disapproval of a guarantor).
    (c) Procedure for reinstating COFRs following termination of
guaranties. If a COFR is revoked by the Director under paragraph (b)(2)
of this section based on the expiration of 30 days following the date
the Director receives a guarantor's notice of termination as provided
under Sec. Sec.  138.110(a)(3) and 138.150(d), the Director may
reinstate the COFR if the guarantor promptly notifies the Director
following the revocation that the guarantor rescinded the termination
and that there was no gap in guarantor coverage.
    (d) Notice to COFR Operator of intent to deny an Application or
revoke a COFR. If the Director obtains information indicating that an
Application should be denied or that a COFR should be revoked for
reasons that the COFR Operator may not be aware of, the Director will
notify the COFR Operator, in writing, stating the reason for the
intended action.
    (1) A notice from the Director that an Application is incomplete
will be considered a denial unless the Application is completed by the
COFR Operator within the period specified in the notice. A COFR subject
to revocation remains valid until the COFR is revoked as provided in
Sec.  138.140(d)(2) and (3).
    (2) If the Director issues a notice of intent to deny an
Application or revoke a COFR due to a violation under paragraph (b) of
this section, the COFR Operator may demonstrate compliance to the
Director in writing by no later than the date specified by the Director
in the notice. If the COFR Operator demonstrates compliance by that
date, the Application will remain under consideration, and any current
COFR will remain in effect, unless and until the Director issues a
written decision denying the Application or revoking the COFR, as
applicable. Otherwise, the Application denial or COFR revocation is
effective as of the date specified by the notice.
    (3) The denial of an Application or revocation of a COFR does not
terminate the guaranty.
    (e) Request for reconsideration. (1) A COFR Operator may ask the
Director to reconsider a denial of the COFR Operator's Application or
the revocation of a COFR as follows:
    (i) The COFR Operator must submit the request for reconsideration,
in writing, to the Director no later than 21

days after the date of the denial or revocation.
    (ii) The submission must state the COFR Operator's reasons for
requesting reconsideration and include all supporting documentation.
    (2) A decision by the Director on reconsideration of an Application
denial or a COFR revocation is final agency action. If the Director
does not issue a written decision on the request for reconsideration
within 30 days after its submission, the request for reconsideration
will be deemed to have been denied, and the Application denial or COFR
revocation will be deemed to have been affirmed as a matter of final
agency action. Unless the Director issues a decision reversing the
revocation, the COFR revocation remains in effect.
    (f) Duty to remedy violations. If the COFR for a vessel expires or
is revoked while the vessel is located in the navigable waters, at any
port or other place subject to the jurisdiction of the United States,
or in the Exclusive Economic Zone, the COFR Operator and the vessel's
other responsible parties will be deemed in violation of this subpart.
In such event, the COFR Operator or, if unavailable or no longer
operating the vessel, the vessel's current responsible parties, must
notify the Director within 24 hours, by email or other electronic
means. The notice must include the information required by Sec.
138.150(b) and must establish new evidence of financial responsibility,
designate a new COFR Operator if applicable, and cure any other
violation of this subpart.

Sec.  138.150  Reporting requirements.

    (a) Report Changes of submitted information. When there is a change
in any of the facts contained in an Application, a request for COFR
renewal, evidence of financial responsibility, or other submission made
under this subpart, the change must be reported, in writing, to the
Director. The reports required by this section may be submitted with,
but are in addition to, other submissions required by this subpart (for
example, Applications, requests for COFR renewal, semi-annual and
annual financial reports, Master Certificate reports).
    (b) A 21-day prior reporting requirement of permanent vessel
transfers and other changes requiring issuance of a new COFR. Current
COFR Operators of vessels, and owners or operators of vessels not
currently in U.S. navigable waters or the U.S. Exclusive Economic Zone,
must report to the Director, and (if applicable) to the guarantor, the
following information, no later than 21 business days before the new
COFR is required:
    (1) The number of the current COFR;
    (2) The name of the covered vessel;
    (3) The type of change planned;
    (4) The date the change will take place;
    (5) The reason for the change;
    (6) For a vessel that will be located in U.S. navigable waters or
U.S. Exclusive Economic Zone on the date the change is scheduled to
take place, where the vessel will be located on that date (for example,
name and location of port);
    (7) For a vessel name change, the vessel's new legal name;
    (8) For the planned transfer of a vessel to a new responsible
party, and even if the transferee's intent is to scrap or otherwise
dispose of the vessel, the name and contact information of the
responsible party to whom the vessel is being transferred;
    (9) For a change of COFR Operator, the name and contact information
of the person who will replace the COFR Operator; and
    (10) Any other changes in the information previously submitted to
ensure the information on record at the NPFC is current.
    (c) Three-day prior reporting of changes not requiring issuance of
a new COFR. In addition to the prior reporting required by paragraph
(b) of this section, the COFR Operator must report any change to
information contained in a submission to the Director that does not
require issuance of a new COFR, by no later than 3 business days before
implementing the change, including, but not limited to: Changes to the
U.S. agent for service of process (other than termination), a change of
a non-operator vessel owner, new contact information, and changes in
vessel particulars (for example, flag, measurement, type, and scheduled
vessel scrapping).
    (d) Reporting by guarantors. Each guarantor (or, if there are
multiple guarantors, each lead guarantor) must give the Director 30
days notice before terminating a guaranty as provided in Sec.
138.110(a)(3), explaining the reason for the intended termination. In
addition, each guarantor (or, if there are multiple guarantors, each
lead guarantor) must give the Director notice by email or other
electronic means as soon as possible before any other change occurs
that would require new evidence of financial responsibility or issuance
of a new COFR under paragraph (b) of this section.
    (e) Enforcement; deadline exceptions. A failure to timely submit
the reports required by this section may result in enforcement actions
as provided in Sec.  138.170. Exceptions to the reporting deadlines
will only be granted as provided in Sec.  138.60(e).

Sec.  138.160  Non-owning COFR Operator's responsibility for
identification.

    (a) Each COFR Operator of a vessel with a COFR, other than an
unmanned, non-self-propelled barge, who is not also an owner of the
vessel must ensure that the original or a legible copy of the vessel's
demise charter-party (or other written document on the owner's
letterhead, signed by the vessel owner, which specifically identifies
the COFR Operator named on the COFR) is maintained on board the vessel.
    (b) The demise charter-party or other document required by
paragraph (a) of this section must be presented, upon request, for
examination and copying, to the Director or other United States
Government official.

Sec.  138.170  Enforcement.

    (a) Any person who fails to comply with the requirements of this
subpart, including the reporting requirements in Sec.  138.150, may be
subject to enforcement as provided in this section, including if--
    (1) The COFR Operator fails to maintain acceptable evidence of
financial responsibility as required;
    (2) The name of a covered vessel is changed without reporting the
change to the Director as required in Sec.  138.150;
    (3) The COFR Operator ceases, for any reason, to be an operator of
a covered vessel, including when a vessel is scrapped or transferred to
a new owner or operator, and a new Application and report have not been
submitted to the Director as required by Sec. Sec.  138.80 and 138.150;
or
    (4) The COFR Operator fails to maintain a U.S. agent for service of
process.
    (b) During a period of non-compliance with this subpart, all use by
the vessel of the navigable waters of the United States, of any port or
other place subject to the jurisdiction of the United States, or of the
Exclusive Economic Zone to transship or lighter oil destined for a
place subject to the jurisdiction of the United States, is forbidden.
    (c) Withholding and revoking vessel clearance. The Secretary of the
Department of Homeland Security will withhold or revoke the clearance
required by 46 U.S.C. 60105 of any vessel subject to this subpart that
does not have a COFR or for which the evidence of financial
responsibility required has not been established and maintained.
    (d) Denying vessel entry, and detention. The U.S. Coast Guard may

deny entry to any port or other place in the United States or the
navigable waters, and may detain at any port or other place in the
United States in which it is located, any vessel subject to this
subpart, which does not have a COFR or for which the evidence of
financial responsibility required by this subpart has not been
established and maintained.
    (e) Seizure and forfeiture. In accordance with OPA 90, any vessel
subject to this subpart which is found in the navigable waters without
a COFR, or for which the necessary evidence of financial responsibility
has not been established and maintained as required, is subject to
seizure by, and forfeiture to, the United States.
    (f) Administrative and judicial penalties and other relief.
    (1) Any person who fails to comply with the requirements of this
subpart or the evidence of financial responsibility requirements of OPA
90, CERCLA, or both, including a failure to comply with the reporting
requirements in Sec.  138.150, is subject to civil administrative and
judicial penalties under OPA 90 and CERCLA, as applicable. In addition,
under OPA 90, the Attorney General may secure such relief as may be
necessary to compel compliance with OPA 90 and this subpart, including
termination of operations.
    (2) Under 18 U.S.C. 1001, any person making a false statement in,
or in connection with, a submission under OPA 90 or CERCLA or this
subpart is subject to prosecution.
    (3) Any person who fails to timely pay the fees required by Sec.
138.120 or any other amounts due under OPA 90 or CERCLA or this subpart
may also be subject to Federal debt collection under 6 CFR part 11, 44
CFR part 11 and 31 CFR parts 285, and 900 through 904.

PART 153--CONTROL OF POLLUTION BY OIL AND HAZARDOUS SUBSTANCES,
DISCHARGE REMOVAL

0
4. The authority citation for part 153 continues to read as follows:

    Authority:  14 U.S.C. 633; 33 U.S.C. 1321, 1903, 1908; 42 U.S.C.
9615; 46 U.S.C. 6101; E.O. 12580, 3 CFR, 1987 Comp., p. 193; E.O.
12777, 3 CFR, 1991 Comp., p. 351; Department of Homeland Security
Delegation No. 0170.1.

Sec.  Sec.  153.401 through 153.417   (Subpart D) [Removed]

0
5. In part 153, remove subpart D, consisting of Sec. Sec.  153.401
through 153.417.

    Dated: April 14, 2020.
Thomas G. Allan,
Rear Admiral, U.S. Coast Guard, Assistant Commandant for Resources.
[FR Doc. 2020-08159 Filed 5-12-20; 8:45 am]
 BILLING CODE 9110-04-P