UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT ________________ No. 11-2576 ________________ IN RE: PETITION OF FRESCATI SHIPPING COMPANY, LTD., AS OWNER OF THE M/T ATHOS I AND TSAKOS SHIPPING & TRADING, S.A., AS MANAGER OF THE ATHOS I FOR EXONERATION FROM OR LIMITATION OF LIABILITY ________________ No. 11-2577 ________________ UNITED STATES OF AMERICA, Appellant v. CITGO ASPHALT REFINING COMPANY; CITGO PETROLEUM CORPORATION; CITGO EAST COAST OIL CORPORATION ________________ Appeal from the United States District Court for the Eastern District of Pennsylvania (D.C. Civil Action Nos. 2-05-cv-00305 / 2-08-cv-02898) Trial District Judge: Honorable John P. Fullam District Judge: Honorable Joel H. Slomsky ________________ Argued September 20, 2012  Judge Slomsky was assigned to this matter following the retirement of Judge Fullam, who presided at trial and ruled on the merits.  Before: AMBRO, GREENAWAY, Jr., and O’MALLEY, Circuit Judge (Opinion filed May 16, 2013) ORDER AMENDING PRECEDENTIAL OPINION AMBRO, Circuit Judge IT IS NOW ORDERED that the published Opinion in the above case filed May 16, 2013, be amended as follows: On page 37, in the first full paragraph, last sentence, replace the name “Frescati” with the name “CARCO,” so that the phrase reads: “Because it appears that CARCO assured a safe berth …” By the Court, /s/ Thomas L. Ambro, Circuit Judge Dated: June 28, 2013 PDB/TMM/cc: All Counsel of Record  Honorable Kathleen M. O’Malley, United States Court of Appeals for the Federal Circuit, sitting by designation. 2