Quiero saber acerca de...

Federal Register / Vol. 86, No. 228 / Wednesday, December 1, 2021 / Rules and Regulations In 138.50f, regardless of the tonnage reported on the Application, the appropriate tonnage-certifying document as provided for under the U.S. tonnage regulations, such as a tonnage certificate or completed Simplified measurement application, governs in determining the evidence of financial responsibility applicable amounts, except when the responsible parties or guarantors knew or should have known that the applicable tonnage certificate was incorrect. In the event of an oil pollution incident or hazardous substance release, the tonnage-certifying document governs the applicable limit of liability. This information is vital to the COFR program because the guaranty is to the certified tonnage at the time of the incident, and addresses what happens if a vessel undergoes a modification that affects the tonnage after a COFR Operator submits an Application. This approach also creates certainty by removing the implication that a tonnage re-measurement at the time of an incident can supersede liability and financial responsibility as reflected on the tonnage-certifying document.
The addition in 138.50g also requires COFR Operators to submit, upon request, the original or a copy of the tonnage certifying documents. The rule captures the fact that, in some circumstances, vessels may be assigned tonnage under both measurement systems.

lotter on DSK11XQN23PROD with RULES1

138.60 Forms and Submissions;
Ensuring Submission Timeliness To remain consistent with current practice, 138.60a notes that forms can be completed online or downloaded. This is the Coast Guards preference for submitting eCOFR
Applications. If you submit electronic images, please note that, currently, our system only accepts the following imaging programs: PDF, JPEG, and TIFF.
Because of delays associated with mail processing and security, submission of forms by mail is discouraged.
Section 138.60c2 also removes the option for hand-delivering submissions because of the prohibition of hand delivery under U.S. Government mail security restrictions. Also, 138.60e makes clear that the timeliness of submissions is solely the responsibility of the person making the submission.
Section 138.60e3 was revised after comment to continue waivers, which permit the Director to grant an exception to a deadline for good cause shown.

VerDate Sep<11>2014

16:06 Nov 30, 2021

Jkt 256001

138.70
COFR

Issuance and Renewal of
Section 138.70b removes the express requirement to pay fees before the issuance of a COFR. This reflects the NPFCs current business practice when the COFR Operator submits the application via fax or email.
Section 138.70e states that certain tonnage information will be posted to the NPFCs COFR website, including the measurement systems used, which under 138.80a1, the applicant is required to provide.
138.80

Applying for COFRs
Section 138.80 reflects the removal of a requirement to pay fees before the issuance of a COFR when Applications are submitted by email or fax by crossreferencing 138.120s new paragraph a3i that allows payment to be made within 21 days of the Application. This allows flexibility for the Director to issue COFRs when the Application is complete and evidence of financial responsibility has been established, and before the NPFC receives payment. The COFR Operator must, however, ensure the fees are paid within 21 days of submission of the Application to avoid adverse consequences specified in 138.120a4.
Section 138.80a1iC also clarifies that Master Certificates do not name any specific vessel, but do state the maximum tonnages for the largest vessel for which the COFR Operator may be responsible. Without that requirement, we will not have a record of coverage if an incident occurs in the intervening period between the Application and the first periodic report of covered vessels.
Section 138.80a1iv requires the COFR Operator to include a report with the Application providing information on the vessels covered by the Master Certificate. The rule also explains what information the COFR Operator must provide to the Director if a vessel has been assigned tonnages under both measurement systems. The inclusion of both assigned tonnages for vessels with more than one should avoid delay of the application process and the effective date of the guaranty.
Additionally, 138.80a1ivB
requires that certain Master Certificate application information be updated, including a listing of vessels that are no longer covered. This establishes the termination of the guaranty date.
Finally, to assist in keeping this information up to date, if during a 6month reporting period a vessel is transferred to another responsible party, the updated report must list the date and place of transfer and the contact
PO 00000

Frm 00025

Fmt 4700

Sfmt 4700

68129

information of the responsible party to whom the vessel was transferred.
Unlike the previous application instruction section, 138.60, 138.80d does not require an original signature page for applications submitted by email or fax. Instead, the COFR Operator may submit a legible scan of the signature page.
138.100 How To Calculate a Total Applicable Amount Section 138.100c states that when statute or regulation adjusts limits of liability, 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 138.240a.
138.110 How To Establish and Maintain Evidence of Financial Responsibility The rule removes from the regulation the surety bond as a specifically mentioned method for establishing and maintaining evidence of financial responsibility. This method is still permitted as falling under the other method provision in paragraph f.
Section 138.110a explains that the guarantor continues to be liable and must provide coverage for 30 days following NPFC receipt of a notice of cancellation and not from the date the guarantor issues the notice. The rule moves this provision previously contained on the COFR guaranty forms into the regulation and reflects a current and important NPFC business practice.
The guarantor will provide the reason for termination as part of its notice of cancellation, if known. Additionally, 138.110a requires COFR Operators, guarantors, and self-insurers to notify the Director of any material change in submitted information, including any material change in the guarantor or selfinsurers financial position. A material change is a change that will affect the basis of the Directors approval of the guarantor or evidence of financial responsibility. This notification is required immediately when a change occurs, rather than within 10 days of the change as specified in the previous rule.
Section 138.110b describes the current practice for establishing and maintaining the acceptability of COFR
insurance guarantors. This will entail the guarantor submitting information on its structure, business practices, history, financial strength, and other information as requested by the Director. This process involves an initial determination followed by annual submission by each COFR insurance guarantor.

E:FRFM01DER1.SGM

01DER1