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Federal Register / Vol. 86, No. 164 / Friday, August 27, 2021 / Proposed Rules
Statement for Narcotics, Driving while intoxicated DWI/Driving under the influence DUI, and/or Other Convictions Optional Form.
OMB Control Number: 16250040.
Summary of the Collection of Information: The Coast Guard currently collects information from merchant mariners with their applications for MMCs and merchant mariner medical certificates. This collection includes the following information requests:
Signature of applicant and supplementary material required to show that the mariner meets the mandatory requirements for the credential or medical certificate sought;
proof of applicant passing all applicable vision, hearing, medical, and/or physical exams; negative chemical test for dangerous drugs; discharges or other documentary evidence of sea service indicating the name, tonnage, propulsion mode and power of the vessels, dates of service, capacity in which the applicant served, and on what waters; and disclosure documentation for narcotics, DWI/DUI, and/or other convictions.
Need for Information: Title 46 United States Code U.S.C. Subtitle II, Part E, Title 46 Code of Federal Regulation CFR
part 10, subpart B, and International Convention on Standards of Training, Certification and Watchkeeping for Seafarers, 1978, as amended and the STCW Code, including the STCW final rule Docket No. USCG200417914
published on December 24, 2013, require MMC and medical certificate applicants to apply at one of the Coast Guards 17 RECs located nationwide or any other location designated by the Coast Guard. MMCs are established for individuals who are required to hold a credential under Subtitle II. The Coast Guard has the responsibility of issuing MMCs and medical certificates to applicants found qualified as to age, character, and habits of life, experience, professional qualifications, and physical fitness. The instruments contained within OMB Control No. 16250040
serve as a means for the applicant to apply for an MMC and a medical certificate.
Proposed Use of Information: The Coast Guard conducts this collection of information solely for the purposes of determining eligibility for issuance of an MMC or medical certificate, in accordance with applicable statutes and regulations. This evaluation is performed on occasion, meaning as submitted by the respondent when he or she applies for an MMC or medical certificate. In general, applicants for an MMC must submit the CG719B every 5 years for renewal or when seeking a
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new endorsement or raise of grade, and applicants for a medical certificate must submit the CG719K every 2 years or every 5 years, depending upon the type of credential or endorsements held and the applicants medical status. The Coast Guard evaluates the collected information to determine whether applicants are qualified to serve under the authority of the requested credential with respect to their medical fitness, their professional qualifications, and their safety and suitability.
Description of the Respondents: All applicants for an MMC, whether original, renewal, duplicate, raise of grade, or a new endorsement on a previously issued MMC, are included in this collection. Applicants for medical certificates include mariners with MMC
National, STCW, and pilot endorsements. The proposed change to the maximum validity period of the merchant mariner medical certificate from 2 years to 5 years applies only to FCPs and masters or mates serving as pilot.
Number of Respondents: This proposed rule would reduce the annual number of respondents by 7,324 over a 10-year period of analysis. As a result, the total annual respondents for this collection would change from 18,316 to 10,992.
Frequency of Response: For FCP
endorsements, the annual average reduction would be 1,794. The responses are annual and would result in a reduction in the number of medical certificate submissions of the form CG
719K from 54,800 to 44,034 54,800
10,766 = 44,034.
Burden of Response: The total hourly burden per response was estimated at 18
minutes, or 0.30 hours. This proposed rule would reduce the aggregate burden of hours associated with the submission of the medical certification applications by extending the renewal period from every 2 years to every 5 years.
Therefore, the total annual response time for submitting a new medical certificate would decrease by approximately 3,587 hours 138 hrs. via mail submissions + 1,654 hrs. in person submissions + 1,794 government hrs.
review. However, the hourly burden per response would remain unchanged.
Estimate of Total Annual Burden: The Coast Guard estimates that the total annual burden with the proposed change to the medical certificate validity period for FCPs would be 16,286 hours a year, which is a 154-hour reduction in burden from the current corresponding collection total of 16,440
hours.
As required by 44 U.S.C. 3507d, we will submit a copy of this proposed rule
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to OMB for its review of the collection of information. We ask for public comment on the proposed collection of information to help us determine, among other things How useful the information is;
Whether the information can help us perform our functions better;
How we can improve the quality, usefulness, and clarity of the information;
Whether the information is readily available elsewhere;
How accurate our estimate is of the burden of collection;
How valid our methods are for determining the burden of collection;
and How we can minimize the burden of collection.
If you submit comments on the collection of information, submit them to both the OMB and to the docket where indicated under ADDRESSES.
You need not respond to a collection of information unless it displays a currently valid control number from OMB. Before the Coast Guard could enforce the collection of information requirements in this proposed rule, OMB would need to approve the Coast Guards request to collect this information.
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 proposed 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 all of the categories covered in 46 U.S.C. 7101, and 8101
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, 529 U.S. 89, 120
S.Ct. 1135 2000 finding that the states are foreclosed from regulating tanker vessels. See also Ray v. Atlantic Richfield Co., 435 U.S. 151, 157 1978
state regulation is preempted where
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