Landowner Defenses to Liability under the Oil Pollution Act of 1990: Standards and Practices for Conducting All Appropriate Inquiries

ICR 200702-1625-001

OMB: 1625-0111

Federal Form Document

Forms and Documents
Document
Name
Status
No forms / supporting documents in this ICR. Check IC Document Collections.
ICR Details
1625-0111 200702-1625-001
Historical Inactive
DHS/USCG
Landowner Defenses to Liability under the Oil Pollution Act of 1990: Standards and Practices for Conducting All Appropriate Inquiries
New collection (Request for a new OMB Control Number)   No
Regular
Comment filed on proposed rule 06/27/2007
Retrieve Notice of Action (NOA) 03/30/2007
This collection is not approved as the associated rule is not final. The agency should incorporate changes to the collection based on comments received from the public before resubmitting the collection with the final rule.
  Inventory as of this Action Requested Previously Approved
36 Months From Approved
0 0 0
0 0 0
0 0 0

In order for facility owners or operators to assert an innocent landowner defense to liability under 33 U.S.C. 2703 (d)(4) of the Oil Pollution Act (OPA 90), they must show that all appropriate inquiries, as promulgated in 33 CFR 137, were conducted before acquisition of the facility. These inquiries are conducted to establish that they did not know nor had reason to know of the presence of oil at the facility before acquisition and include, but are not limited to, interviews with current and previous owners and operators, review of documentation specific to the facility and adjoining properties, and site inspections. A report is required to document the findings of the all appropriate inquiries.

US Code: 33 USC Section 2703 (d)(4) Name of Law: Oil Pollution Act (90)
  
None

1625-AB09 Proposed rulemaking

No

Yes
Changing Regulations
No
The Oil Pollution Act in 33 U.S.C. 2703.D(4)(B) requires the promulgation and clarification of the standards and practices for making all appropriate inquiries to later establish an innocent landowner defense to liability under OPA 90. Therefore, this program change, described in 33 CFR 137, necessitates this collection.

No
No
Uncollected
Uncollected
Uncollected
Uncollected
Jennifer YI 202 493-6715 JENNIFER.AH.YI@uscg.mil

  No

On behalf of this Federal agency, I certify that the collection of information encompassed by this request complies with 5 CFR 1320.9 and the related provisions of 5 CFR 1320.8(b)(3).
The following is a summary of the topics, regarding the proposed collection of information, that the certification covers:
 
 
 
 
 
 
 
    (i) Why the information is being collected;
    (ii) Use of information;
    (iii) Burden estimate;
    (iv) Nature of response (voluntary, required for a benefit, or mandatory);
    (v) Nature and extent of confidentiality; and
    (vi) Need to display currently valid OMB control number;
 
 
 
If you are unable to certify compliance with any of these provisions, identify the item by leaving the box unchecked and explain the reason in the Supporting Statement.
03/30/2007


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