Federal Register - December 1, 2021

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Source: Federal Register

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Federal Register / Vol. 86, No. 228 / Wednesday, December 1, 2021 / Rules and Regulations
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 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 138.50eUSE OF ASSIGNED GROSS TONNAGES
Assigned tonnage Category
To apply the tonnage thresholds in 138.20

Vessels Assigned Both GT ITC and GRT
Vessels Assigned GT ITC only
GRT only

GRT

GT ITC.

GT ITC
GRT

GT ITC.
GRT.

f Certified gross tonnage governs. In the event of an incident or release, the responsible parties and guarantors are governed by the vessels 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 138.110h1iii.
g Requirement to present tonnage certifying documents. 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 vessels applicable tonnage certifying documents.

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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 c1ii through iv of this section or by calling the NPFC at 202
7956130.

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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 2027956123
with a cover sheet specifying the total number of pages, the senders telephone number, and referencing NPFC
telephone number 2027956130; 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 205937605.
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.

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To determine applicable amounts under 138.100 and limits of liability
2 Ensuring the timeliness of the submissions is the sole responsibility of the person making the submission.
3 The Director may, in the Directors sole discretion, grant an exception to a deadline specified in this subpart for good cause shown.
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. 552a.
138.70

Issuance and renewal of COFRs.

a Types of COFRs. The Director issues the following three types of COFRs as provided further in 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 NPFCs 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 NPFCs 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
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Federal Register - December 1, 2021

TitreFederal Register

PaysÉtats-Unis

Date01/12/2021

Page count294

Edition count7798

Première édition14/03/1936

Dernière édition18/06/2026

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