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Federal Register / Vol. 86, No. 228 / Wednesday, December 1, 2021 / Rules and Regulations 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 138.100.
Financial guarantor is a type of guarantor and means a business entity or other person providing a financial guaranty under 138.110c. 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 138.110, and who is providing evidence of financial responsibility on behalf of one or more of a vessels responsible parties, other than as a responsible party providing self-insurance under 138.110d.
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 138.110b. An insurance guarantor is distinct from a
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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 138.110d. A self-insurer is distinct from a guarantor.
Total applicable amount means an evidence of financial responsibility amount that must be demonstrated
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under this subpart, determined as provided in 138.100.
Working capital means the amount of current assets located in the United States, less all current liabilities anywhere in the world.
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 138.110, in an amount equal to or greater than the total applicable amount determined under 138.100 and, in the case of a financial guarantor, as further provided under 138.110c2 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 138.150.
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 138.20 and OPA 90, CERCLA, or both;
2 Calculate the OPA 90 and CERCLA
applicable amounts of financial responsibility required, as provided in 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 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 138.20, and
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