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Federal Register / Vol. 86, No. 228 / Wednesday, December 1, 2021 / Rules and Regulations
TABLE 6INCREMENTAL COLLECTION OF INFORMATION BURDEN OF THE RULE AND THE TOTAL COLLECTION OF
INFORMATION BURDEN FOR OMB CONTROL NUMBER 16250046Continued Dollars annual
Hours
Total Proposed Collection of Information for OMB Control Number 16250046 Approved Collection of Information + Incremental Collection of Information of the Rule Approved Collection of Information OMB Control Number-0046

3,400

88,500

Incremental Collection of Information of the Rule

403

14,766

Total

3,803

103,266

As required by 44 U.S.C. 3507d, we will submit a copy of this rule to OMB
for its review of the collection of information.
You are not required to respond to a collection of information unless it displays a currently valid OMB control number. OMB has not yet completed its review of this collection. Before the Coast Guard could enforce the collection of information requirements in this rule, OMB would need to approve the Coast Guards request associated with this rule to collect this information. After OMB completes action on our information collection request, we will publish a Federal Register notice describing OMBs decision.

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E. Federalism A rule has implications for federalism under Executive Order 13132
Federalism if it has a substantial direct effect on States, on the relationship between the National Government and the States, or on the distribution of power and responsibilities among the various levels of government. We have analyzed this rule under Executive Order 13132 and have determined that it is consistent with the fundamental federalism principles and preemption requirements described in Executive Order 13132. Our analysis follows.
It is well settled that States may not regulate in categories reserved for regulation by the Coast Guard. It is also well settled that the categories covered in 46 U.S.C. 3306, 3703, 7101, and 8101
design, construction, alteration, repair, maintenance, operation, equipping, personnel qualification, and manning of vessels, as well as the reporting of casualties and any other category in which Congress intended the Coast Guard to be the sole source of a vessels obligations, are within the field foreclosed from regulation by the States.
See the Supreme Courts decision in United States v. Locke and Intertanko v.
Locke, 529 U.S. 89, 120 S.Ct. 1135
2000. Therefore, because the States
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may not regulate within these categories, this rule is consistent with the fundamental federalism principles and preemption requirements described in Executive Order 13132. Our analysis follows.
This rulemaking is based on provisions in OPA 90 and CERCLA; 33
U.S.C. 2716 and 42 U.S.C. 9608, respectively. This rule amends Coast Guard regulations on vessel evidence of financial responsibility and removes certain unnecessary pollution fund regulations. The OPA 90 contains a savings clause that saves to the States the ability to regulate activities contained in Title I of OPA 90, including vessel evidence of financial responsibility requirements. See 33
U.S.C. 2718; United States v. Locke and Intertanko v. Locke, 529 U.S. 89, 105, 120 S.Ct. 1135, 1146 2000. Thus, nothing in this rule preempts states from regulating vessel evidence of financial responsibility requirements for oil pollution. However, CERCLA
contains an express preemption provision which prohibits States, except under limited circumstances, from requiring vessels to establish or maintain evidence of financial responsibility in connection with liability for the release of a hazardous substance if those vessels maintain evidence of the financial responsibility required under that subchapter 42
U.S.C. 9614d. Thus, except under limited circumstances, States cannot regulate requirements for vessel evidence of financial responsibility requirements for hazardous material pollution. The removal of 33 CFR part 135 and subpart D of part 153 removes certain federal pollution funds regulatory requirements that were superseded by OPA 90 and subsumed by the OSLTF. As the rule clarifies but does not alter the existing, applicable federal law relating to pollution funds, it will not have preemptive impact.
Therefore, this rule is consistent with the fundamental federalism principles
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and preemption requirements described in Executive Order 13132.
F. Unfunded Mandates The Unfunded Mandates Reform Act of 1995, 2 U.S.C. 15311538, requires Federal agencies to assess the effects of their discretionary regulatory actions. In particular, the Act addresses actions that may result in the expenditure by a State, local, or tribal government, in the aggregate, or by the private sector of $100,000,000 adjusted for inflation or more in any one year. Although this rule will not result in such expenditure, we do discuss the effects of this rule elsewhere in this preamble.
G. Taking of Private Property This rule will not cause a taking of private property or otherwise have taking implications under Executive Order 12630 Governmental Actions and Interference with Constitutionally Protected Property Rights.
H. Civil Justice Reform This rule meets applicable standards in sections 3a and 3b2 of Executive Order 12988 Civil Justice Reform to minimize litigation, eliminate ambiguity, and reduce burden.
I. Protection of Children We have analyzed this rule under Executive Order 13045 Protection of Children from Environmental Health Risks and Safety Risks. This rule is not an economically significant rule and will not create an environmental risk to health or risk to safety that might disproportionately affect children.
J. Indian Tribal Governments This rule does not have tribal implications under Executive Order 13175 Consultation and Coordination with Indian Tribal Governments, because it will not have a substantial direct effect on one or more Indian tribes, on the relationship between the Federal Government and Indian tribes, or on the distribution of power and
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