Federal Register - December 1, 2021

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Source: Federal Register

Federal Register / Vol. 86, No. 228 / Wednesday, December 1, 2021 / Rules and Regulations vessels gross tonnage information, including the measurement systems used;
5 For a Fleet Certificate, the gross tons of the largest unmanned, non-selfpropelled, non-tank barge within the fleet, including the measurement systemss used; and 6 For a Master Certificate, the gross tons of the largest tank vessel and largest vessel other than a tank vessel eligible for coverage by the Master Certificate, including the measurement systemss used.

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138.80

Applying for COFRs.

a How to apply for a COFR. To apply for a COFR of any type, the COFR
Operator must 1 Submit, or cause to be submitted, to the Director, by one of the submission methods provided in 138.60c:
i An Application;
A For an Individual Certificate, list the name of the covered vessel, and the vessels gross tonnage information, including the measurement systems used on the application;
B For a Fleet Certificate, instead of listing each individual barge, mark the box with the following statement: This is an Application for a Fleet Certificate.
The largest unmanned, non-selfpropelled, non-tank barge to be covered by this Application is INSERT
APPLICABLE GROSS TONS GT ITC
and INSERT GROSS TONNAGE GRT;
and C For a Master Certificate, instead of listing each individual vessel, mark the box with the following statement: This is an Application for a Master Certificate. The largest tank vessel to be covered by this Application is INSERT
APPLICABLE GROSS TONS GT ITC
and INSERT APPLICABLE GROSS
TONS GRT, as applicable. The largest vessel other than a tank vessel to be covered by this Application is INSERT
APPLICABLE GROSS TONS GT ITC
and INSERT APPLICABLE GROSS
TONS GRT, as applicable.
ii The evidence of financial responsibility using one of the guaranty methods provided in 138.110;
A For a Fleet Certificate, the evidence of financial responsibility must be in the total applicable amount, determined as provided in 138.100, for the largest unmanned, non-selfpropelled, non-tank barge to be covered.
B For a Master Certificate, the evidence of financial responsibility must be in the total applicable amount determined as provided in 138.100 for the largest tank vessel and largest nontank vessel to be covered by the Master Certificate.

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iii The agent for service of process designations required by 138.130; and iv All other supporting documentation required by this subpart.
A At the time of Application for a Master Certificate, the COFR Operator must submit a report to the Director, indicating: the name; previous name, if applicable; type; gross tonnage and measurement systems used, for each vessel covered by the Master Certificate, indicating which vessels, if any, are tank vessels. If a vessel has both a GT
ITC and GRT tonnage, specify both gross tonnages.
B Six months after receiving a Master Certificate, and every 6 months thereafter, each COFR Operator must submit to the Director, an updated report, separately listing the vessels no longer covered by that Master Certificate. If a vessel has both a GT ITC
and GRT, both gross tonnages must be specified. If a vessel has been transferred to another responsible party and the COFR Operator to whom the Master Certificate was issued ceases to be the vessels operator, the COFR
Operator must report the date and place of the transfer, and the name and contact information of the responsible party to whom the vessel was transferred. If the vessels covered by the Master Certificate have not changed from the previous report, the COFR
Operator may submit an updated report that indicates no change from previous report.
2 Pay, or cause to be paid, all fees required by 138.120.
b Application deadline. The Director must receive the Application, evidence of financial responsibility, and other required supporting documentation, at least 21 days prior to the date the Certificate is required. The COFR
Operator may seek an exception to the 21-day submission deadline only as provided in 138.60e3.
c Where to obtain Application forms.
COFR Operators may create an Application using the online eCOFR
web process located at https
npfc.uscg.mil/cofr/default.aspx or, if not using eCOFR, may obtain an Application for Vessel Certificate of Financial Responsibility Water Pollution at the same website.
d Requirement to verify, or sign and date, the Application. 1 The COFR
Operator must complete and either verify the Application in eCOFR as provided in 138.60c1i or, if not using eCOFR, sign and date the hardcopy signature page of the Application and submit the signed Application to the Director, by one of the methods specified in 138.60c1ii through iv.

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2 The Application must include the title of the person signing it.
3 If the person signing the Application is acting under a Power of Attorney, they must include a copy of the Power of Attorney with the Application.
e Requirement to update Applications. The COFR Operator must report any changes to the Application to the Director in writing, no later than 5
business days after discovery of the change. The Director may require that the COFR Operator submit a revised Application and provide additional evidence of financial responsibility, and pay any additional fees required by 138.120.
f Amending Fleet and Master Certificates. Before operating a barge or vessel that exceeds the maximum gross tonnage indicated on the COFR, the COFR Operator must:
1 Submit a new or amended Application, or a written request to supplement the Application, to reflect the new maximum gross tonnages on the COFR;
2 Unless the COFR Operator qualifies as a self-insurer at the higher total applicable amount, submit, or cause to be submitted, evidence of financial responsibility using one of the guaranty methods provided in 138.110
to the Director, demonstrating increased coverage based on the new maximum gross tonnage; and 3 Pay a new certification fee, as required by 138.120.
138.90

Renewing COFRs.

a The COFR Operator must submit a request for COFR renewal to the NPFC
at least 21 days, but no earlier than 90
days, before the expiration date of the current COFR.
b The COFR Operator may seek an exception to the 21-day request for COFR renewal submission deadline in paragraph a of this section only as provided in 138.60e3.
c The COFR Operator must identify in the request for COFR renewal all changes to the information contained in the initial Application, including the gross ton measurement systems used if not previously provided, the evidence of financial responsibility, and all other supporting documentation previously submitted to the Director, as provided in 138.150.
138.100 How to calculate a total applicable amount.

The total applicable amount is the sum of the OPA 90 applicable amount determined under paragraph a of this section plus the CERCLA applicable amount determined under paragraph b of this section.

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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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