Quiero saber acerca de...

Federal Register / Vol. 86, No. 228 / Wednesday, December 1, 2021 / Rules and Regulations 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renewal is denied by the Director, or if the Application is withdrawn by the COFR Operator before the Director issues the COFR.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.

lotter on DSK11XQN23PROD with RULES1

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 of this section.
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
VerDate Sep<11>2014

16:06 Nov 30, 2021

Jkt 256001

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 of this section.
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 guarantors 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 e1 of this section.
138.140 Application withdrawals, COFR
denials and revocations.

a Application withdrawal. A COFR
Operator, or anyone authorized to act on their behalf, 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 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 Operators 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 Operators 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 138.120;
4 If the COFR Operator or guarantor fails to designate and maintain a U.S.

PO 00000

Frm 00043

Fmt 4700

Sfmt 4700

68147

agent for service of process as required by 138.130;
5 If the COFR Operator, or other person acting on the COFR Operators 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 Operators 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 b2 of this section based on the expiration of 30 days following the date the Director receives a guarantors notice of termination as provided under 138.110a3 and 138.150d, 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 138.140d2 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
E:FRFM01DER1.SGM

01DER1