Sec. 426. Liability limits
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Section 1004(d)(2) of the Oil Pollution Act of 1990 ( 33 U.S.C. 2704(d)(2) ) is amended to read as follows: If the Secretary determines that the design and operation of a deepwater port results in a lower risk of oil pollution than the design and operation of such deepwater ports as existed on the date of the enactment of the Coast Guard Authorization Act of 2019, the Secretary may initiate a rulemaking proceeding to lower the limitation of liability under subsection (a)(4) for such deepwater port and each other deepwater port which achieves such lower risk level through such port’s design and operation.
In determining the risk of oil pollution, the Secretary shall take into account, as applicable— the size of the deepwater ports and associated vessels; oil storage capacity of the deepwater ports and associated vessels; oil handling capacity of the deepwater ports and associated vessels; oil throughput; proximity to sensitive areas; type of oil handled; history of oil discharges; and such other factors relevant to the oil pollution risks posed by the class or category of deepwater port and associated vessels as the Secretary determines appropriate.
For deepwater ports used in connection with the transportation of oil, the Secretary may establish a limitation of liability under subparagraph
(A)of not more than $350,000,000 and not less than $50,000,000. For deepwater ports used in connection with the transportation of natural gas, the Secretary may establish a limitation of liability under subparagraph
(A)of not more than $350,000,000 and not less than $1,000,000. .
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U.S. Code