---
kind: "section"
citation: "33 C.F.R. § 138.230"
title: "33"
number: "138.230"
heading: "Limits of liability."
url: "https://uscodex.org/cfr/33/138.230"
---

# §138.230. Limits of liability.

- (a) **Vessels.**
  - (1) The OPA 90 limits of liability for tank vessels, other than edible oil tank vessels and oil spill response vessels, are—
    - (i) For a single-hull tank vessel greater than 3,000 gross tons, the greater of $4,000 per gross ton or $29,591,300;
    - (ii) For a tank vessel greater than 3,000 gross tons, other than a single-hull tank vessel, the greater of $2,500 per gross ton or $21,521,000;
    - (iii) For a single-hull tank vessel less than or equal to 3,000 gross tons, the greater of $4,000 per gross ton or $8,070,400; and
    - (iv) For a tank vessel less than or equal to 3,000 gross tons, other than a single-hull tank vessel, the greater of $2,500 per gross ton or $5,380,300.
  - (2) The OPA 90 limits of liability for any vessel other than a vessel listed in [paragraph (a)(1)](#a-1) of this section, including for any edible oil tank vessel and any oil spill response vessel, are the greater of $1,300 per gross ton or $1,076,000.
- (b) **Deepwater ports.**
  - (1) The OPA 90 limit of liability for any deepwater port, including for any component pipelines, other than a deepwater port listed in [paragraph (b)(2)](#b-2) of this section, is $725,710,800;
  - (2) The OPA 90 limits of liability for deepwater ports with limits of liability established by regulation under OPA 90 ([33 U.S.C. 2704(d)(2)](/usc/33/2704.md?p=d-2)), including for any component pipelines, are—
    - (i) For the Louisiana Offshore Oil Port (LOOP), $110,332,600; and
    - (ii) [Reserved]
- (c) **Onshore facilities.** The OPA 90 limit of liability for onshore facilities, including, but not limited to, motor vehicles, rolling stock and onshore pipelines, is $725,710,800.
- (d) **Offshore facilities.** The OPA 90 limit of liability for offshore facilities other than deepwater ports, including for any offshore pipelines, is set forth at [30 CFR 553.702](/cfr/30/553.702.md).

## Notes

### Amendments

[80 FR 72355, Nov. 19, 2015, as amended at 84 FR 39974, Aug. 13, 2019; 87 FR 78864, Dec. 23, 2022]

### Source

Source: 80 FR 72355, Nov. 19, 2015, unless otherwise noted.

### Authority

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.

### Source

Source: USCG-2005-21780, 73 FR 53697, Sept. 17, 2008, unless otherwise noted.

### Amendments

[80 FR 72355, Nov. 19, 2015, as amended at 84 FR 39974, Aug. 13, 2019; 87 FR 78864, Dec. 23, 2022]