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30 C.F.R. §§ 553.21–553.28

8 sections in range

§553.21. How can I use self-insurance as OSFR evidence?

30 C.F.R. § 553.21

(a)
If you use self-insurance to satisfy all or part of your obligation to demonstrate OSFR, you must annually pass either a net worth test under § 553.25 or an unencumbered net asset test under § 553.28.
(b)
To establish the amount of self-insurance allowed, you must submit evidence of your net worth under § 553.23 or evidence of your unencumbered assets under § 553.26.
(c)
You must identify a U.S. agent for service of process.
Notes, amendments, and revision history

Authority

Authority: 33 U.S.C. 2704, 2716; 2716a; E.O. 12777, as amended.

Source

Source: 76 FR 64623, Oct. 18, 2011, unless otherwise noted.

§553.22. How do I apply to use self-insurance as OSFR evidence?

30 C.F.R. § 553.22

(a)
You must submit a complete Form BOEM-1018 with each application to demonstrate OSFR using self-insurance.
(b)
You must submit your application to renew OSFR using self-insurance by the first calendar day of the 5th month after the close of your fiscal year. You may submit to BOEM your initial application to demonstrate OSFR using self-insurance at any time.
Notes, amendments, and revision history

Authority

Authority: 33 U.S.C. 2704, 2716; 2716a; E.O. 12777, as amended.

Source

Source: 76 FR 64623, Oct. 18, 2011, unless otherwise noted.

§553.23. What information must I submit to support my net worth demonstration?

30 C.F.R. § 553.23

You must support your net worth evaluation with information contained in your previous fiscal year's audited annual financial statement.
(a)
Audited annual financial statements must be in the form of:
(1)
An annual report, prepared in accordance with the generally accepted accounting practices (GAAP) of the United States or other international accounting practices determined to be equivalent by BOEM; or
(2)
A Form 10-K or Form 20-F, prepared in accordance with Securities and Exchange Commission regulations.
(b)
Audited annual financial statements must be submitted together with a letter signed by your treasurer highlighting:
(1)
The State or the country of incorporation;
(2)
The total amount of the stockholders' equity as shown on the balance sheet;
(3)
The net amount of the plant, property, and equipment shown on the balance sheet; and
(4)
The net amount of the identifiable U.S. assets and the identifiable total assets in the auditor's notes to the financial statement (i.e., a geographic segmented business note).
Notes, amendments, and revision history

Authority

Authority: 33 U.S.C. 2704, 2716; 2716a; E.O. 12777, as amended.

Source

Source: 76 FR 64623, Oct. 18, 2011, unless otherwise noted.

§553.24. When I submit audited annual financial statements to verify my net worth, what standards must they meet?

30 C.F.R. § 553.24

(a)
Your audited annual financial statements must be bound.
(b)
Your audited annual financial statements must include the unqualified opinion of an independent accountant that states:
(1)
The financial statements are free from material misstatement, and
(2)
The audit was conducted in accordance with the generally accepted auditing standards (GAAS) of the United States, or other international auditing standards that BOEM determines to be equivalent.
(c)
The financial information you submit must be expressed in U.S. dollars. If this information was originally reported in another form of currency, you must convert it to U.S. dollars using the conversion factor that was effective on the last day of the fiscal year pertinent to your financial statements. You also must identify the source of the currency exchange rate.
Notes, amendments, and revision history

Authority

Authority: 33 U.S.C. 2704, 2716; 2716a; E.O. 12777, as amended.

Source

Source: 76 FR 64623, Oct. 18, 2011, unless otherwise noted.

§553.25. What financial test procedures must I use to determine the amount of self-insurance allowed as OSFR evidence based on net worth?

30 C.F.R. § 553.25

(a)
Divide the total amount of the stockholders'/owners' equity listed on the balance sheet by ten.
(b)
Divide the net amount of the identifiable U.S. assets by the net amount of the identifiable total assets.
(c)
Multiply the net amount of plant, property, and equipment shown on the balance sheet by the number calculated under paragraph (b) of this section and divide the resultant product by ten.
(d)
The smaller of the numbers calculated under paragraphs (a) or (c) of this section is the maximum allowable amount you may use to demonstrate OSFR under this method.
Notes, amendments, and revision history

Authority

Authority: 33 U.S.C. 2704, 2716; 2716a; E.O. 12777, as amended.

Source

Source: 76 FR 64623, Oct. 18, 2011, unless otherwise noted.

§553.26. What information must I submit to support my unencumbered assets demonstration?

30 C.F.R. § 553.26

You must support your unencumbered assets evaluation with the information required by § 553.23(a) and a list of reserved, unencumbered, and unimpaired U.S. assets whose value will not be affected by an oil discharge from a COF. The assets must be plant, property, or equipment held for use. You must submit a letter signed by your treasurer:
(a)
Identifying which assets are reserved;
(b)
Certifying that the assets are unencumbered, including contingent encumbrances;
(c)
Promising that the identified assets will not be sold, subjected to a security interest, or otherwise encumbered throughout the specified fiscal year; and
(d)
Specifying—
(1)
The State or the country of incorporation;
(2)
The total amount of the stockholders'/owners' equity listed on the balance sheet;
(3)
The identification and location of the reserved U.S. assets; and
(4)
The value of the reserved U.S. assets less accumulated depreciation and amortization, using the same valuation method used in your audited annual financial statement and expressed in U.S. dollars. The net value of the reserved assets must be at least two times the self-insurance amount requested for demonstration.
Notes, amendments, and revision history

Authority

Authority: 33 U.S.C. 2704, 2716; 2716a; E.O. 12777, as amended.

Source

Source: 76 FR 64623, Oct. 18, 2011, unless otherwise noted.

§553.27. When I submit audited annual financial statements to verify my unencumbered assets, what standards must they meet?

30 C.F.R. § 553.27

Any audited annual financial statements that you submit must:
(a)
Meet the standards in § 553.24; and
(b)
Include a certification by the independent accountant who audited the financial statements that states:
(1)
The value of the unencumbered assets is reasonable and uses the same valuation method used in your audited annual financial statements;
(2)
Any existing encumbrances are noted;
(3)
The assets are long-term assets held for use; and
(4)
The valuation method used in the audited annual financial statements is for long-term assets held for use.
Notes, amendments, and revision history

Authority

Authority: 33 U.S.C. 2704, 2716; 2716a; E.O. 12777, as amended.

Source

Source: 76 FR 64623, Oct. 18, 2011, unless otherwise noted.

§553.28. What financial test procedures must I use to evaluate the amount of self-insurance allowed as OSFR evidence based on unencumbered assets?

30 C.F.R. § 553.28

(a)
Divide the total amount of the stockholders'/owners' equity listed on the balance sheet by 4.
(b)
Divide the value of the unencumbered U.S. assets by 2.
(c)
The smaller number calculated under paragraphs (a) or (b) of this section is the maximum allowable amount you may use to demonstrate OSFR under this method.
Notes, amendments, and revision history

Authority

Authority: 33 U.S.C. 2704, 2716; 2716a; E.O. 12777, as amended.

Source

Source: 76 FR 64623, Oct. 18, 2011, unless otherwise noted.