---identifier: "/us/cfr/t33/s138.220"source: "ecfr"legal_status: "authoritative_unofficial"title: "33 CFR § 138.220 - Definitions."title_number: 33title_name: "Navigation and Navigable Waters"section_number: "138.220"section_name: "Definitions."chapter_name: "COAST GUARD, DEPARTMENT OF HOMELAND SECURITY"subchapter_number: "M"subchapter_name: "MARINE POLLUTION FINANCIAL RESPONSIBILITY AND COMPENSATION"part_number: "138"part_name: "EVIDENCE OF FINANCIAL RESPONSIBILITY FOR WATER POLLUTION (VESSELS) AND OPA 90 LIMITS OF LIABILITY (VESSELS, DEEPWATER PORTS AND ONSHORE FACILITIES)"positive_law: falsecurrency: "2026-03-24"last_updated: "2026-03-24"format_version: "1.1.0"generator: "[email protected]"authority: "6 U.S.C. 552(d); 33 U.S.C. 2704, 2716, 2716a; 42 U.S.C. 9608, 9609; E.O. 12580, Sec. 7(b), 3 CFR, 1987 Comp., p. 193; E.O. 12777, Secs. 4 and 5, 3 CFR, 1991 Comp., p. 351, as amended by E.O. 13286, Sec. 89, 3 CFR, 2004 Comp., p. 166, and by E.O. 13638, Sec. 1, 3 CFR, 2014 Comp., p.227; Department of Homeland Security Delegation Nos. 00170.1, Revision 01.2 and 5110, Revision 01. Section 138.40 also issued under the authority of 46 U.S.C. 2103 and 14302."regulatory_source: "USCG-2005-21780, 73 FR 53697, Sept. 17, 2008, unless otherwise noted."cfr_part: "138"---
Identifier
/us/cfr/t33/s138.220
Currency
2026-03-24
Positive Law
No
Updated
2026-03-24
Chapter
Coast Guard, Department of Homeland Security
Authority
6 U.S.C. 552(d); 33 U.S.C. 2704, 2716, 2716a; 42 U.S.C. 9608, 9609; E.O. 12580, Sec. 7(b), 3 CFR, 1987 Comp., p. 193; E.O. 12777, Secs. 4 and 5, 3 CFR, 1991 Comp., p. 351, as amended by E.O. 13286, Se... 6 U.S.C. 552(d); 33 U.S.C. 2704, 2716, 2716a; 42 U.S.C. 9608, 9609; E.O. 12580, Sec. 7(b), 3 CFR, 1987 Comp., p. 193; E.O. 12777, Secs. 4 and 5, 3 CFR, 1991 Comp., p. 351, as amended by E.O. 13286, Sec. 89, 3 CFR, 2004 Comp., p. 166, and by E.O. 13638, Sec. 1, 3 CFR, 2014 Comp., p.227; Department of Homeland Security Delegation Nos. 00170.1, Revision 01.2 and 5110, Revision 01. Section 138.40 also issued under the authority of 46 U.S.C. 2103 and 14302.
# 138.220 Definitions.(a) As used in this subpart, the following terms have the meanings set forth in OPA 90 (33 U.S.C. 2701): *deepwater port, facility, gross ton, liability, oil, offshore facility, onshore facility, responsible party, tank vessel,* and *vessel*.(b) As used in this subpart—*Annual CPI-U* means the annual “Consumer Price Index—All Urban Consumers, Not Seasonally Adjusted, U.S. City Average, All items, 1982-84=100”, published by the U.S. Department of Labor, Bureau of Labor Statistics.*Current period* means the year in which the Annual CPI-U was most recently published by the U.S. Department of Labor, Bureau of Labor Statistics.*Director, NPFC* means the person in charge of the U.S. Coast Guard, National Pollution Funds Center (NPFC), or that person's authorized representative.*Edible oil tank vessel* means a tank vessel referred to in OPA 90 (33 U.S.C. 2704(c)(4)(A)).*Oil spill response vessel* means a tank vessel referred to in OPA 90 (33 U.S.C. 2704(c)(4)(B)).*Previous period* means the year in which the previous limit of liability was established, or last adjusted by statute or regulation, whichever is later.*Single-hull* means the hull of a tank vessel that is constructed or adapted to carry, or that carries, oil in bulk as cargo or cargo residue, that is not a double hull as defined in 33 CFR part 157. Single-hull includes the hull of any such tank vessel that is fitted with double sides only or a double bottom only.