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Federal Register / Vol. 86, No. 228 / Wednesday, December 1, 2021 / Rules and Regulations
D. Collection of Information This rule revises a previously approved collection of information OMB Control Number 16250046
under the Paperwork Reduction Act of 1995, 44 U.S.C. 35013520. As defined in 5 CFR 1320.3c, collection of information comprises reporting, recordkeeping, monitoring, posting, labeling, and other similar actions. The title and description of the information collections, a description of those who must collect the information, and an estimate of the total annual burden follow. The estimate covers the time for reviewing instructions, searching existing sources of data, gathering and maintaining the data needed, and completing and reviewing the collection.
Title: Financial Responsibility for Water Pollution Vessels.
OMB Control Number: 16250046.19
Summary of the Collection of Information: This rule adds additional collection of information requirements to existing OMB Control Number 1625
0046 for: COFR Operators to report gross tonnage and gross tonnage measurement systems used, and submit a copy of their tonnage certifying document, upon request; guarantors to report the reason for termination of a guaranty; and COFR
Operators to report vessel name changes and increase reporting on location of vessel when there is a change in ownership on date of change.
Need for Information:
Reporting of gross tonnage measurement systems used and submission of copy of the tonnage certifying document, upon request.
Providing tonnage measurement systems used and submitting the tonnage certifying document, upon request, in the rule, with respect to gross tonnage allows the Coast Guard to determine more effectively the limit of liability and applicable amounts of financial responsibility for the incident.
In some cases, the vessel may be assigned tonnage under more than one measurement system depending on a variety of factors including the vessels flag, length, voyage type, keel laid, or substantial alteration date, and whether it is a self-propelled vessel. This has caused confusion with respect to which method to use to determine limit of liability and amount of financial responsibility.
Regardless of the tonnage reported on the Application, the tonnage certifying document governs the required evidence of financial responsibility and the limit of liability at the time of the 19 https www.reginfo.gov/public/do/PRA
ViewICR?ref_nbr=201909-1625-002.

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incident except when the responsible parties or guarantors knew or should have known that the tonnage certifying document or certificate of registry was incorrect. Using the tonnage certifying document provides the following benefits: It ensures that the Coast Guard has the most accurate tonnage measurements; it provides the method used to determine tonnage, as well as the tonnage amount; it provides information for foreign flagged vessels that is oftentimes difficult to obtain; and without the applicable tonnage certifying document, if an incident occurred, a re-measurement of tonnage could alter the already determined financial responsibility and limit of liability.
Reporting of reason for termination of guaranty by a guarantor.
The rule requires that the guarantor include the reason for termination, if known, with the notification for termination of the guaranty. This information provides the Coast Guard with information about the COFR
Operator that otherwise is not known in the event there is an incident.
Reporting vessel name change and increased reporting on location of vessel when there is a change in ownership on date of change.
The additional collection of information in the rule ensures the information the Coast Guard relies on when initially issuing a COFR is up to date and remains currentespecially concerning vessels that, over time, become derelict while in U.S. navigable waters or U.S. EEZ. The revisions also improve the Coast Guards ability to establish compliance with COFR
regulations by more effectively ensuring that the responsible party is able to pay its liability and mitigate risks to the OSLTF. For example, if a vessel is sold while using a place subject to U.S.
jurisdiction, the new responsible parties become immediately subject to the COFR program. These changes ensure that, while the Coast Guard still has regulatory authority over a responsible party and the financial assurances of the guarantor, the Coast Guard receives information material to continued compliance before problems arise.
Enforcing compliance with the COFR
programs requirements, however, depends on the Coast Guard knowing about the vessel transfer. The regulatory revisions seek to ensure that the Coast Guard receives this information and to mitigate the risk of uninsured responsible parties and derelict vessels.
Use of Information:
Reporting of gross tonnage measurement systems used and
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submission of copy of the tonnage certifying document, upon request.
The Coast Guard uses the additional collection of information in the rule to ensure that the gross tonnage of a vessel involved in an incident is accurate to determine its limit of liability and applicable amount of financial responsibility.
Reporting of reason for termination of guaranty by a guarantor.
The Coast Guard uses the additional collection of information in the rule to learn more about a vessel and its COFR
Operators in the event of an incident.
This new requirement to provide the reason for guaranty termination will reduce the possibility that a guarantor will cancel the guaranty to simply shield themselves from potential liability in the event of an incident.
Reporting vessel name change and increased reporting on location of vessel when there is a change in ownership on date of change.
The Coast Guard uses the additional collection of information in the rule to identify a responsible party in the event there is an incident.
Description of the Respondents: The respondents are COFR Operators of vessels and OPA 90 COFR insurance guarantors.
Number of Respondents: The additional collection of information in this rule affects 761 COFR Operators and 14 OPA 90 COFR insurance guarantors.
Frequency of Response:
Reporting of gross tonnage measurement systems used and submission of copy of the tonnage certifying document.
All COFR Operators, including those for the tank vessels greater than 100
gross tons but less than or equal to 300
gross tons in this rule, must report the gross tonnage measurement systems used when applying for a COFR. The Coast Guards COFR database indicates that there are 26,163 currently COFRed vessels. Adding the 465 COFRed tank vessels greater than 100 gross tons but less than or equal to 300 gross tons in Regulation Cost 1, and assuming the number of COFRed vessels remains constant during the analysis period the total number of COFRed vessels equals 26,628.
Master Certificate and Fleet Certificate holders will also be required to provide the gross tonnage measurement systems used for the largest vessel covered by the Application.
The Coast Guard estimated that COFR
Operators will provide information on 13 of the vessels with COFRs each year due to the 3-year cycle of the Application process.

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