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Federal Register / Vol. 86, No. 228 / Wednesday, December 1, 2021 / Rules and Regulations
jurisdiction of the United States, including any such vessel using a deepwater port or other offshore facility subject to the jurisdiction of the United States;
ii Any vessel of any size except a vessel listed in paragraph d1 or 3 of this section using the waters of the Exclusive Economic Zone to transship or lighter oil whether delivering or receiving destined for a place subject to the jurisdiction of the United States; and iii Any tank vessel over 100 gross tons except a vessel listed in paragraph d1 or 3 of this section using the navigable waters of the United States, or any port or other place subject to the jurisdiction of the United States, including any such tank vessel using a deepwater port or other offshore facility subject to the jurisdiction of the United States;
2 To a guarantor providing evidence of financial responsibility under this subpart on behalf of one or more of a vessels responsible parties;
3 To responsible parties other than the COFR Operator designated to represent the responsible parties for purposes of this subpart; and 4 To any person serving as a U.S.
agent for service of process under this subpart.
b How to apply this part to mobile offshore drilling units. For the purposes of applying the evidence of financial responsibility required under OPA 90
and this subpart and the limits of liability set forth in subpart B of this part, and in addition to any OPA 90
offshore facility evidence of financial responsibility requirements that may apply under 30 CFR part 553, a mobile offshore drilling unit is treated as 1 A tank vessel when it is being used as an offshore facility; and 2 A vessel other than a tank vessel when it is not being used as an offshore facility.
c How to apply CERCLA evidence of financial responsibility to self-propelled vessels. For the purposes of applying the evidence of financial responsibility required under CERCLA and for vessels identified in paragraph a1i of this section, this subpart applies to a selfpropelled vessel over 300 gross tons even if it does not carry hazardous substances.
d Exceptions. 1 This subpart does not apply to public vessels.
2 Paragraph a1i of this section does not apply to any non-self-propelled barge that does not carry oil as cargo or fuel and does not carry hazardous substances as cargo.
3 Paragraphs a1ii and iii of this section do not apply to: any offshore supply vessel; any fishing vessel or fish
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tender vessel of 750 gross tons or less that transfers fuel without charge to a fishing vessel owned by the same person; any towing or pushing vessel tug simply because it has in its custody a tank barge; or any tank vessel that only carries, or is adapted to carry, non-liquid hazardous material in bulk as cargo or cargo residue.
138.30

Definitions.

a As used in this subpart, the following terms have the meanings set forth in 1 OPA 90 specifically in 33 U.S.C.
2701: Claim, claimant, damages, deepwater port, discharge, Exclusive Economic Zone, facility, incident, liable or liability, mobile offshore drilling unit, navigable waters, offshore facility, oil, owner or operator, person, remove, removal, removal costs, responsible party, tank vessel, United States, and vessel; and 2 CERCLA 42 U.S.C. 9601: Claim, claimant, damages, facility, hazardous substance, liable or liability, navigable waters, offshore facility, owner or operator, person, remove, removal, United States, and vessel.
3 46 CFR 69.9: Convention Measurement System, foreign-flag vessel, gross tonnage ITC GT ITC 1 and gross register tonnage GRT, tonnage, and U.S.-flag vessel.
b As used in this subpart Applicable amount means an OPA 90
or CERCLA evidence of financial responsibility amount determined to apply to a vessel as provided under 138.100.
Application means an Application for Vessel Certificate of Financial Responsibility Water Pollution, which the COFR Operator for one or more vessels has completed and verified in eCOFR, as provided in 138.60c1i, or signed, dated, and submitted to the NPFC by one of the submission methods specified in 138.60c1ii through iv.
Cargo means goods or materials carried on board a vessel for purposes of transportation, whether proprietary or nonproprietary. A hazardous substance or oil carried solely for use aboard the carrying vessel is not cargo.
CERCLA means the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended 42 U.S.C. 9601, et seq..
COFR means a current Certificate of Financial Responsibility Water 1 The acronym ITC refers to the International Tonnage Convention. GT ITC, as defined in 46 CFR
69.9 means the gross tonnage measurement of a vessel as applied under the Convention Measurement System.

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Pollution issued by the Director, under this subpart, as provided in 138.70, and posted on the NPFC COFR program website https npfc.uscg.mil/cofr/
default.aspx.
COFR Operator means a responsible party who conducts, or has responsibility for, the operation of a vessel to which this subpart applies that is, a person who is an operator as defined in OPA 90 and CERCLA, and, when there is more than one responsible party including more than one operator, is the operator designated and authorized by all the vessels responsible parties to act on their behalf for the purpose of complying with this subpart, including submitting or causing to be submitted all Applications and requests for COFR
renewal, evidence of financial responsibility and reports, and payment of all fees required by 138.120.
i If a vessel has one owner and is operated by that owner, or the owner controls and is responsible for the vessels operation, the owner is the COFR Operator. In all other cases the person who operates, or controls and is principally responsible for the operation of, the vessel for example, the demise charterer is the COFR Operator.
ii A person who is responsible, or who agrees by contract to become responsible, for a vessel in the capacity of a builder, repairer, or scrapper, or for the purpose of holding the vessel out for sale or lease, is the COFR Operator. A
person who takes possession of, or responsibility for, a newly built, modified, or repaired vessel from a builder or repairer, or who purchases and operates or becomes a demise charterer of a vessel held out for sale or lease, is the COFR Operator.
iii 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.
iv The designation of an operator to act as the COFR Operator on behalf of a vessels 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 persons 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
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