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Federal Register / Vol. 86, No. 228 / Wednesday, December 1, 2021 / Rules and Regulations 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.

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L. Technical Standards 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 these standards will be inconsistent with applicable law or otherwise impractical. Voluntary consensus standards are technical standards e.g., 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 rule does not use technical standards. Therefore, we did not consider the use of voluntary consensus standards.
M. Environment We have analyzed this 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 paragraph L53 of Appendix A, Table 1 of DHS Instruction Manual 023
0100101, Rev 1. Paragraph L53
pertains to congressionally mandated regulations designed to improve or protect the environment. This rule involves expanding vessel financial responsibility to include tank vessels
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greater than 100 gross tons but less than or equal to 300 gross tons, clarifying and updating the rules reporting requirements, conforming the rule to current practice, and removing two superseded regulations.
List of Subjects 33 CFR Part 135
Administrative practice and procedure, Continental shelf, Insurance, Oil pollution, Reporting and recordkeeping requirements.
33 CFR Part 138
Hazardous materials transportation, Insurance, Oil pollution, Reporting and recordkeeping requirements, Vessels, Water pollution control.
33 CFR Part 153
Hazardous substances, Oil pollution, Reporting and recordkeeping requirements, Water pollution control.
For the reasons discussed in the preamble, the Coast Guard amends 33
CFR chapter 1 as follows:
PART 135REMOVED
1. Under the authority of 14 U.S.C.
503, part 135 is removed.

PART 138EVIDENCE OF FINANCIAL
RESPONSIBILITY FOR WATER
POLLUTION VESSELS AND OPA 90
LIMITS OF LIABILITY VESSELS, DEEPWATER PORTS AND ONSHORE
FACILITIES
2. The authority citation for part 138
is revised to read as follows:

Authority: 6 U.S.C. 552d; 33 U.S.C. 2704, 2716, 2716a; 42 U.S.C. 9608, 9609; E.O.
12580, Sec. 7b, 3 CFR, 1987 Comp., p. 193;
E.O. 12777, Secs. 4 and 5, 3 CFR, 1991
Comp., p. 351, as amended by E.O. 13286, Sec. 89, 3 CFR, 2004 Comp., p. 166, and by E.O. 13638, Sec. 1, 3 CFR, 2014 Comp., p.227; Department of Homeland Security Delegation Nos. 00170.1, Revision 01.2 and 5110, Revision 01. Section 138.40 also issued under the authority of 46 U.S.C. 2103 and 14302.

3. Revise the part heading to read as set forth above.
4. Revise subpart A to read as follows:

Subpart AEvidence of Financial Responsibility for Water Pollution Vessels Sec.
138.10 Scope and purpose.
138.20 Applicability.
138.30 Definitions.
138.40 General requirements.
138.50 How to apply vessel gross tonnages.
138.60 Forms and submissions; ensuring submission timeliness.
138.70 Issuance and renewal of COFRs.
138.80 Applying for COFRs.
138.90 Renewing COFRs.

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138.100 How to calculate a total applicable amount.
138.110 How to establish and maintain evidence of financial responsibility.
138.120 Fees.
138.130 Agents for Service of process.
138.140 Application withdrawals, COFR
denials and revocations.
138.150 Reporting requirements.
138.160 Non-owning COFR Operators responsibility for identification.
138.170 Enforcement.

Subpart AEvidence of Financial Responsibility for Water Pollution Vessels 138.10

Scope and purpose.

a Scope. This subpart sets forth 1 The requirements and procedures each COFR Operator as defined in 138.30b must use to establish and maintain the evidence of financial responsibility required by the OPA 90
and CERCLA both defined in 138.30, and to obtain Certificates of Financial Responsibility COFR;
2 The standards and procedures the Coast Guard uses to determine the acceptability of guarantors;
3 The procedures guarantors must use to submit evidence of financial responsibility on behalf of the responsible parties for vessels to which this subpart applies;
4 The requirements for designating and maintaining U.S. agents for service of process;
5 The requirements for reporting changes affecting compliance with this subpart; and 6 The enforcement actions that may result from non-compliance with this subpart or OPA 90, CERCLA, or both, referenced in paragraph a1 of this section.
b Purpose. These requirements ensure that the responsible parties for vessels to which this subpart applies, have sufficient available financial resources to cover their potential liabilities to the United States and other claimants in the following scenarios:
1 Under OPA 90 in the event of a discharge, or substantial threat of a discharge, of oil; and 2 In the case of vessels greater than 300 gross tons, under CERCLA in the event of a release, or threatened release, of a hazardous substance.
138.20

Applicability.

a Applicability generally. This subpart applies 1 To the COFR Operator of i Any vessel over 300 gross tons except a vessel listed in paragraph d1 or 2 of this section using the navigable waters of the United States, or any port or other place subject to the
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