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

Forms and Documents

Document Name	Status
1625-0111 FR Published 1-14-08.pdf Supplementary Document	2008-01-15
1625-0111 SS (1).doc Supporting Statement A	2007-12-04
1625-NEW Authority.doc Supplementary Document	2007-03-06

IC Document Collections

IC ID	Document Title	Status
178557	Landowner Defenses to Liability under the Oil Pollution Act of 1990: Standards and Practices for Conducting All Appropriate Inquiries	Modified

ICR Details

OMB Control No: 1625-0111	ICR Reference No: 200712-1625-001
Status: Historical Inactive	Previous ICR Reference No: 200702-1625-001
Agency/Subagency: DHS/USCG	Agency Tracking No:
Title: Landowner Defenses to Liability under the Oil Pollution Act of 1990: Standards and Practices for Conducting All Appropriate Inquiries
Type of Information Collection: New collection (Request for a new OMB Control Number)	Common Form ICR:  No
Type of Review Request: Regular
OIRA Conclusion Action: Approved without change	Conclusion Date: 03/25/2008
	Date Received in OIRA: 01/16/2008
Terms of Clearance:

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	03/31/2011	36 Months From Approved
Responses	16,602	0	0
Time Burden (Hours)	16,602	0	0
Cost Burden (Dollars)	0	0	0

---

Abstract: 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.

---

Authorizing Statute(s): US Code: 33 USC Section 2703 (d)(4) Name of Law: Oil Pollution Act (90)
  

Citations for New Statutory Requirements: None

---

Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
1625-AB09	Final or interim final rulemaking	73 FR 2146	01/14/2008

---

Federal Register Notices & Comments

Did the Agency receive public comments on this ICR? No

---

Number of Information Collection (IC) in this ICR: 1

IC Title	Form No.	Form Name
Landowner Defenses to Liability under the Oil Pollution Act of 1990: Standards and Practices for Conducting All Appropriate Inquiries

---

ICR Summary of Burden

	Total Request	Previously Approved	Change Due to New Statute	Change Due to Agency Discretion	Change Due to Adjustment in Estimate	Change Due to Potential Violation of the PRA
Annual Number of Responses	16,602	0	0	0	16,602	0
Annual Time Burden (Hours)	16,602	0	0	0	16,602	0
Annual Cost Burden (Dollars)	0	0	0	0	0	0

Burden increases because of Program Change due to Agency Discretion: No

Burden Increase Due to:

Burden decreases because of Program Change due to Agency Discretion: No

Burden Reduction Due to:

Short Statement:

---

Annual Cost to Federal Government: $0

Does this IC contain surveys, censuses, or employ statistical methods? No

Is the Supporting Statement intended to be a Privacy Impact Assessment required by the E-Government Act of 2002? No

Is this ICR related to the Affordable Care Act [Pub. L. 111-148 & 111-152]? Uncollected

Is this ICR related to the Dodd-Frank Wall Street Reform and Consumer Protection Act, [Pub. L. 111-203]? Uncollected

Is this ICR related to the American Recovery and Reinvestment Act of 2009 (ARRA)? Uncollected

Is this ICR related to the Pandemic Response? Uncollected

---

Common Form ICR:  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:

(a) It is necessary for the proper performance of agency functions;

(b) It avoids unnecessary duplication;

(c) It reduces burden on small entities;

(d) It uses plain, coherent, and unambiguous language that is understandable to respondents;

(e) Its implementation will be consistent and compatible with current reporting and recordkeeping practices;

(f) It indicates the retention periods for recordkeeping requirements;

(g) It informs respondents of the information called for under 5 CFR 1320.8 (b)(3) about:

(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;

(h) It was developed by an office that has planned and allocated resources for the efficient and effective management and use of the information to be collected.

(i) It uses effective and efficient statistical survey methodology (if applicable); and

(j) It makes appropriate use of information technology.

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.

Certification Date: 01/16/2008

---