# 33 CFR § 138.40: General requirements

> Federal · Regulations · In force

URL: https://www.frixlaw.com/law-library/statutes/ecfr-33-138.40

## Section

- **Citation:** 33 CFR § 138.40
- **Heading:** General requirements
- **Jurisdiction:** Federal
- **Kind:** Regulations
- **Status:** In force
- **Text as of:** September 22, 2026
- **Source:** Publisher's official text
- **Location:** Title 33—Navigation and Navigable Waters > CHAPTER I—COAST GUARD, DEPARTMENT OF HOMELAND SECURITY > SUBCHAPTER M—MARINE POLLUTION FINANCIAL RESPONSIBILITY AND COMPENSATION > PART 138—EVIDENCE OF FINANCIAL RESPONSIBILITY FOR WATER POLLUTION (VESSELS) AND OPA 90 LIMITS OF LIABILITY (VESSELS, DEEPWATER PORTS AND ONSHORE FACILITIES) > Subpart A—Evidence of Financial Responsibility for Water Pollution (Vessels)

## Text

(a) Requirement to establish and maintain evidence of financial responsibility. The COFR Operator of a vessel must establish and maintain (or cause to be established and maintained) evidence of financial responsibility acceptable to the Director using any one of the methods specified in § 138.110, in an amount equal to or greater than the total applicable amount determined under § 138.100 and, in the case of a financial guarantor, as further provided under § 138.110(c)(2) (aggregation of total applicable amounts). The evidence of financial responsibility required by this paragraph must be—
(1) Established as of the date they become a responsible party; and
(2) Continuously maintained for so long as they remain a responsible party.
(b) Requirement to have a COFR and report changes. The COFR Operator must apply for and ensure the vessel is covered at all times by a current COFR, by complying with the requirements and procedures set forth in this subpart, including the reporting requirements in § 138.150.

## Nearby sections

- [33 CFR § 138.10 § 138.10 Scope and purpose.](https://www.frixlaw.com/law-library/statutes/ecfr-33-138.10.md)
- [33 CFR § 138.20 § 138.20 Applicability.](https://www.frixlaw.com/law-library/statutes/ecfr-33-138.20.md)
- [33 CFR § 138.30 § 138.30 Definitions.](https://www.frixlaw.com/law-library/statutes/ecfr-33-138.30.md)
- [33 CFR § 138.40 § 138.40 General requirements.](https://www.frixlaw.com/law-library/statutes/ecfr-33-138.40.md)
- [33 CFR § 138.50 § 138.50 How to apply vessel gross tonnages.](https://www.frixlaw.com/law-library/statutes/ecfr-33-138.50.md)
- [33 CFR § 138.60 § 138.60 Forms and submissions; ensuring submission timeliness.](https://www.frixlaw.com/law-library/statutes/ecfr-33-138.60.md)
- [33 CFR § 138.70 § 138.70 Issuance and renewal of COFRs.](https://www.frixlaw.com/law-library/statutes/ecfr-33-138.70.md)
- [33 CFR § 138.80 § 138.80 Applying for COFRs.](https://www.frixlaw.com/law-library/statutes/ecfr-33-138.80.md)
- [33 CFR § 138.90 § 138.90 Renewing COFRs.](https://www.frixlaw.com/law-library/statutes/ecfr-33-138.90.md)
- [33 CFR § 138.100 § 138.100 How to calculate a total applicable amount.](https://www.frixlaw.com/law-library/statutes/ecfr-33-138.100.md)
- [33 CFR § 138.110 § 138.110 How to establish and maintain evidence of financial responsibility.](https://www.frixlaw.com/law-library/statutes/ecfr-33-138.110.md)
- [33 CFR § 138.120 § 138.120 Fees.](https://www.frixlaw.com/law-library/statutes/ecfr-33-138.120.md)
- [33 CFR § 138.130 § 138.130 Agents for Service of process.](https://www.frixlaw.com/law-library/statutes/ecfr-33-138.130.md)
- [33 CFR § 138.140 § 138.140 Application withdrawals, COFR denials and revocations.](https://www.frixlaw.com/law-library/statutes/ecfr-33-138.140.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/ecfr-33-138.40. Check the current official text before relying on it. Not legal advice.