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Federal Register / Vol. 86, No. 152 / Wednesday, August 11, 2021 / Rules and Regulations review and approval of the changes to both existing collections of information.
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aggregate, or by the private sector of $100 million adjusted for inflation or more in any one year. Although this rule will not result in such an expenditure, we do discuss the effects of this rule elsewhere in this preamble.

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.
This final rule amends the Operations Manual and Emergency Manual submission procedures and COTP
approval process for facilities that transfer LNG, LHG, oil, or hazardous material, in bulk, to or from a vessel.
These changes involve procedural requirements for the Coast Guards own approval process, safety risk analysis, and appeal process for a facility that transfers LNG, LHG, oil, or hazardous material in bulk. The changes in this final rule do not conflict with State interests. For individual States, or their political subdivisions, any requirements for facilities to submit their Operations Manuals or Emergency Manuals to them for review or approval will be unaffected by this rule.
Pursuant to 46 U.S.C. 70011b1, Congress has expressly authorized the Coast Guard to establish procedures, measures and standards for the handling, loading, unloading, storage, stowage and movement on a structure of explosives or other dangerous articles and substances, including oil or hazardous material. The Coast Guard affirmatively preempts any State rules related to these procedures, measures, and standards See United States v.
Locke, 529 U.S. 89, 109110 2000.
Therefore, because the States may not regulate within these categories, this rule is consistent with the fundamental federalism principles and preemption requirements described in Executive Order 13132.

G. Taking of Private Property
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
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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 final 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 final 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 responsibilities between the Federal Government and Indian tribes.
K. Energy Effects We have analyzed this rule under Executive Order 13211 Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use. We have determined that it is not a significant energy action under that order because it is not a significant regulatory action under Executive Order 12866 and is not likely to have a significant adverse effect on the supply, distribution, or use of energy.
The National Technology Transfer and Advancement Act, codified as a note to 15 U.S.C. 272, directs agencies to use voluntary consensus standards in their regulatory activities unless the agency provides Congress, through OMB, with an explanation of why using
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these standards will be inconsistent with applicable law or otherwise impractical. Voluntary consensus standards are technical standards for example, specifications of materials, performance, design, or operation; test methods; sampling procedures; and related management systems practices that are developed or adopted by voluntary consensus standards bodies.
This final rule does not use technical standards. Therefore, we did not consider the use of voluntary consensus standards.
M. Environment We have analyzed this final rule under Department of Homeland Security Management Directive 02301, Rev. 1, associated implementing instructions and Environmental Planning COMDTINST 5090.1 series, which guide the Coast Guard in complying with the National Environmental Policy Act of 1969 42
U.S.C. 43214370f, and have made a determination that this action is one of a category of actions that do not individually or cumulatively have a significant effect on the human environment. A Record of Environmental Consideration supporting this determination is available in the docket. For instructions on locating the docket, see the ADDRESSES section of this preamble.
This rule is categorically excluded under paragraphs A3 part d and L54 of Appendix A, Table 1 of DHS Instruction Manual 0230100101, Rev. 1.
Paragraph A3 part d pertains to the promulgation of rules, issuance of rulings or interpretations, and the development and publication of policies, orders, directives, notices, procedures that interpret or amend an existing regulation without changing its environmental effect, and paragraph L54
pertains to regulations which are editorial or procedural. This rule allows facilities that transfer oil, hazardous materials, LNG, or LHG in bulk to submit and maintain the facility Operations Manuals and Emergency Manuals electronically or in print, and amends the COTP examination procedures for those documents, thus enabling electronic communication between the facility operators and the Coast Guard, which will reduce the time and cost associated with mailing printed manuals. This action is consistent with the Coast Guards port and waterway security and marine safety missions.

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