Amendments to Executive Order 12777

Executive Order 13638 of March 15, 2013

Amendments to Executive Order 12777

By the authority vested in me as President by the
Constitution and the laws of the United States of
America, it is hereby ordered as follows:

Section 1. Section 4 of Executive Order 12777 of
October 18, 1991, as amended (Implementation of Section
311 of the Federal Water Pollution Control Act of
October 18, 1972, as Amended, and the Oil Pollution Act
of 1990) is further amended by striking section 4 in
its entirety and inserting in lieu thereof the
following:

``Sec. 4. Liability Limit Adjustment. (a)(1) The
following functions vested in the President by section
1004(d) of OPA are delegated to the Secretary of the
department in which the Coast Guard is operating,
acting in consultation with the Administrator, the
Secretary of Transportation, the Secretary of the
Interior, and the Attorney General:

(A) the adjustment of the limits of liability listed in section 1004(a)
of OPA for vessels, onshore facilities, and deepwater ports subject to the
DPA, to reflect significant increases in the Consumer Price Index;

(B) the establishment of limits of liability under section 1004(d)(1),
with respect to classes or categories of marine transportation-related
onshore facilities, and the adjustment of any such limits of liability
established under section 1004(d)(1), and of any limits of liability
established under section 1004(d)(2) with respect to deepwater ports
subject to the DPA, to reflect significant increases in the Consumer Price
Index; and

(C) the reporting to Congress on the desirability of adjusting limits of
liability, with respect to vessels, marine transportation-related onshore
facilities, and deepwater ports subject to the DPA.

(2) The Administrator and the Secretary of Transportation will provide
necessary regulatory analysis support to ensure timely regulatory Consumer
Price Index adjustments by the Secretary of the department in which the
Coast Guard is operating of the limits of liability listed in section
1004(a) of OPA for onshore facilities under subparagraph (a)(1)(A) of this
section.

(b) The following functions vested in the President
by section 1004(d) of OPA are delegated to the
Administrator, acting in consultation with the
Secretary of the department in which the Coast Guard is
operating, the Secretary of Transportation, the
Secretary of the Interior, the Secretary of Energy, and
the Attorney General:

(1) the establishment of limits of liability under section 1004(d)(1), with
respect to classes or categories of non-transportation-related onshore
facilities, and the adjustment of any such limits of liability established
under section 1004(d)(1) by the Administrator to reflect significant
increases in the Consumer Price Index; and

(2) the reporting to Congress on the desirability of adjusting limits of
liability with respect to non-transportation-related onshore facilities.

(c) The following functions vested in the President
by section 1004(d) of OPA are delegated to the
Secretary of Transportation, acting in consultation
with the Secretary of the department in which the Coast
Guard is operating, the Administrator, the Secretary of
the Interior, and the Attorney General:

(1) the establishment of limits of liability under section 1004(d)(1), with
respect to classes or categories of non-marine transportation-related
onshore

facilities, and the adjustment of any such limits of liability established
under section 1004(d)(1) by the Secretary of Transportation to reflect
significant increases in the Consumer Price Index; and

(2) the reporting to Congress on the desirability of adjusting limits of
liability, with respect to non-marine transportation-related onshore
facilities.

(d) The following functions vested in the President
by section 1004(d) of OPA are delegated to the
Secretary of the Interior, acting in consultation with
the Secretary of the department in which the Coast
Guard is operating, the Administrator, the Secretary of
Transportation, and the Attorney General:

(1) the adjustment of limits of liability to reflect significant increases
in the Consumer Price Index with respect to offshore facilities, including
associated pipelines, other than deepwater ports subject to the DPA; and

(2) the reporting to Congress on the desirability of adjusting limits of
liability with respect to offshore facilities, including associated
pipelines, other than deepwater ports subject to the DPA.''

Sec. 2. (a) Nothing in this order shall be construed to
impair or otherwise affect:

(i) the authority granted by law to an executive department, agency, or the
head thereof; or

(ii) the functions of the Director of the Office of Management and Budget
relating to budgetary, administrative, or legislative proposals.

(b) This order is not intended to, and does not,
create any right or benefit, substantive or procedural,
enforceable at law or in equity by any party against
the United States, its departments, agencies, or
entities, its officers, employees, or agents, or any
other person.

THE WHITE HOUSE,

March 15, 2013.