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Amendments to Limits of Liability under OPA 90 – USA

29 July 2009 No.09-007
Please refer to Special Circular No.06-004 titled "Amendments to Limits of Liability under OPA90 - USA". Under the U.S. Oil Pollution Act 1990 (OPA90), the limits of liability are adjusted according to increase in Consumer Price Index (CPI) at least every three years. On 1 July 2009, the US Coast Guard announced the publication of an interim rule that increase limits of liability for vessels under the act. The new liability limits, effective 31 July 2009, are as follows;

Schedule of Limits
Old
New
A)Tank Vessel greater than 3,000GT
Single-Hull Tanker(*)
US$3,000 per GT or US$22,000,000,
whichever is greater.

Double-Hull Tanker
US$1,900 per GT or US$16,000,000,
whichever is greater.		 A)Tank Vessel greater than 3,000GT:
Single-Hull Tanker(*)
US$3,200 per GT or US$23,496,000,
whichever is greater.

Double-Hull Tanker
US$2,000 per GT or US$17,088,000,
whichever is greater.
b)Tank Vessel of 3,000GT or less:
Single-Hull Tanker(*)
US$3,000 per GT or US$6,000,000,
whichever is greater.

Double-Hull Tanker
US$1,900 per GT or US$4,000,000,
whichever is greater.
 b)Tank Vessel of 3,000GT or less:
Single-Hull Tanker(*)
US$3,200 per GT or US$6,408,000,
whichever is greater.

Double-Hull Tanker
US$2,000 per GT or US$4,272,000,
whichever is greater.
c)Any Other Vessel:
US$950 per GT or US$800,000,
whichever is greater.		 c)Any Other Vessel:
US$1,000 per GT or US$854,400,
whichever is greater.

(*) Single-Hull Tanker includes a vessel fitted with double sides only or double bottoms only.

With respect to the COFR requirement, the owners/operators must establish evidence of financial responsibility in the amount equal to or greater than the amended limits by not later than 90 days after the effective date of the rule.
PollutionOther ActsNorth AmericaCircular

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