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Sunday, February 2, 2020 | History

4 edition of Certificates of financial responsibility under the Oil Pollution Act found in the catalog.

Certificates of financial responsibility under the Oil Pollution Act

Hearing before the Subcommittee on Coast Guard and Navigation of the Committee on ... Oil Pollution Act of 1990, November 6, 1991

by United States

  • 281 Want to read
  • 40 Currently reading

Published by For sale by the U.S. G.P.O., Supt. of Docs., Congressional Sales Office .
Written in English


The Physical Object
Number of Pages216
ID Numbers
Open LibraryOL7367524M
ISBN 100160373549
ISBN 109780160373541

As a result of the OPA enactment, certain insurance companies refused to issue certifications of financial liability under the Oil Pollution Act to avoid potential responsibility and compensation in the case of a disaster. Makes the responsible party liable for interest on the amount paid to settle a claim, with certain exceptions. If the smaller businesses that are the competitive engine of a market economy are forced out of business, the market is defaulted to the larger self-insured companies who can then raise their prices with less resistance. Let me be very clear. I will introduce the second panel as they advance to the podium: Mr. When the red light appears, that means that the 5 minutes have elapsed.

COFR requirements. The problem is that OPA has created a requirement that ignores the international insurance mechanisms that ultimately must support the liability structure that the United States has adopted. Typically, these ships bring in oil inbarrel lots. My name is John Gallagher. Claims for removal costs and damages may be asserted directly against the guarantor providing evidence of financial responsibility. Finally, the OPA increased penalties for regulatory noncompliance, broadened the response and enforcement authorities of the Federal government, and preserved State authority to establish law governing oil spill prevention and response.

I very much appreciate the opportunity to appear before you. The majority of charterers refuse to pay more for higher grade vessels despite the liability and compensation regulations enforced by OPA. But, in our view, the shipowners' defenses under OPA are weak, and certainly some of the legal advice is to the effect that the owner must expect his ability to limit to be challenged in the event of any significant spill in U. Congress has made the choice for us on where we are to spend our limited funds. Makes the President or authorized representative of any State, Indian tribe, or foreign government the trustee to act on behalf of the public to recover damages for injury to Federal, State, or foreign government natural resources.


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Certificates of financial responsibility under the Oil Pollution Act by United States Download PDF Ebook

Most people also acknowledge that more attention needs to be focused on preventing spills. If we charter ships, which we do, on a voyage basis, in times of high demand for lightering, the added cost of COFR insurance multiplies.

The current limit is all removal costs plus USD Directs the Secretary to: 1 promulgate regulations defining those areas on which certain Certificates of financial responsibility under the Oil Pollution Act book tankers transporting oil in bulk must be escorted by at least two towing vessels; 2 complete and transmit to the Congress a feasibility study regarding a Maritime Oil Pollution Prevention Training program to be carried out in cooperation with approved maritime training institutions; and 3 issue regulations to ensure that vessels are equipped with radio marine navigation safety warnings and can engage in radio communications on designated frequencies with the Coast Guard.

If this is properly done, the ability and dedication of vessel owners to respond would be undiminished. Directs the Secretary of the department in which the Coast Guard is operating to study and report to the Congress on the relative operational and environmental risks of oil transportation by vessel to deepwater ports versus other ports.

In addition, OPA requires certain facilities to develop response plans for responding to worst-case discharges of oil and hazardous substances. The OPA sought to solve this problem by establishing stricter standards for the maritime transportation of oil: New requirements for construction of vessels and training of personnel.

Requires the Secretary of the Interior to adjust such amount for inflation at least once every three years. Requires the President to promulgate regulations detailing the manner in which the Fund may be obligated.

These periodic adjustments are required by law in order to reflect significant increases in the Consumer Price Index CPI and preserve the "deterrent effect and 'polluter pays' principle embodied in OPA It tends to fluctuate seasonably.

Establishes an Environmental Sciences Review Panel to advise the Secretary on the adequacy of available information. Establishes an Area Committee of presidentially-appointed Federal, State, and local agency personnel for each area designated by the President.

Requires terminal and tanker owners and operators to fund the Program up to certain amounts.

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Two of these entities provide guarantees to about 25 percent of vessels of all types. Certificates of financial responsibility under the Oil Pollution Act book you. Requires the President to direct all Federal, State, and private actions in the event of an actual or potential discharge which is a substantial threat to the public health or welfare.

In our view, removal of the direct action provision in OPA would in no way jeopardize the protection of the victims of oil pollution damage.

Title I, sectionprovided that Federal trustees shall assess natural resource damages for natural resources under their trusteeship.

Federal facility activities subject to OPA requirements include: Storing or handling petroleum, fuel oil, sludge oil, and oil mixed with waste Transferring oil by using motor vehicles or rolling stocks; Supporting maritime vessel activities or other water-related activities where fuels are used. After OPA was enacted, the shipping industry threatened to boycott the ports of the United States to protest this new industry liability in both federal and state laws.

There are certainly no tangible benefits to the owners, except for the fact that they have a piece of paper that meets the terms of the COFR rules right now, so that's about their only benefit from it. Sets forth guidelines for recovery by foreign claimants of removal costs and damages.

Requires the Committee to coordinate the establishment, by the agencies represented on it, of an oil pollution research and development program into innovative technologies, technology evaluation, oil pollution effects, and the use of geographic and vessel response simulation models.

Thirdly, U. I should stress I'm not an insurance expert, and the answer to the second question is no, I am not.

Oil Pollution Act Overview

Terminates the Panel after a report to the Secretary. Title I, sectionprovides that trustees are to be consulted on the appropriate removal action to be taken in connection with any discharge of oil. We know that there is legal dispute about whether, in fact, limitation would be breached in real life.The Deepwater Horizon Oil Spill: NRDA Under the Oil Pollution Act Congressional Research Service Summary The Deepwater Horizon oil spill leaked an estimated million barrels of oil into the Gulf of Mexico, damaging the waters, shores, and marshes, and the fish and wildlife that live there.

oil pollution in U.S. waters. Until then, we should consider the current legal regime governing civil and criminal liability for oil pollution under U.S. law. Pursuant to the Oil Pollution Act of (OPA), “ each responsible party for a vessel or facility from which oil is discharged into or.

Jan 27,  · US Pollution - California Certificates of Financial Responsibility (COFR) Requirements.

Oil Pollution Act (OPA) and Federal Facilities

Members are reminded of Club Circular 7/13 advising on the California COFR requirements for tank and non-tank vessels operating or entering in California marine waters. California OSPR has recently reviewed the Regulations which were approved on 16th.This Note addresses the United States’ enactment of the Oil Pdf Act as an pdf to the Convention of Civil Liability.

Part I describes the history of maritime transport and the development of oil spill liability regulations. Part I also discusses major oil spills and differ-ent approaches to assessing liability for clean-up.regarding certificates of financial responsibility for oil pollution An amended clause for inclusion in charterparties of tankers was circulated in to reflect the Protocol to the Civil Liability Convention and the requirements concerning certification in the US Oil Pollution Act of (OPA ’90).Sep 18,  · The Ebook Pollution Act of (OPA) ( Ebook, P.L.

) was passed by the st United States Congress and signed by President George H. W. Bush. It works to avoid oil spills from vessels and facilities by enforcing removal of spilled oil and assigning liability for the cost of cleanup and damage, requires specific operating procedures; defines responsible parties and financial.