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Federal Register / Vol. 86, No. 167 / Wednesday, September 1, 2021 / Proposed Rules
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: Course Approval and Records for Merchant Marine Training Schools OMB Control Number: 16250028.
Summary of the Modification to the Collection of Information: This proposed rule would allow course providers to offer a new course approved under 46 CFR 10.402 and 10.403 by permitting inland waters and Western Rivers towing vessel master and mate pilot applicants to take a modified course in lieu of a basic firefighting course.
Need for information: The Coast Guard will need to receive a course approval submission from each course provider in order to approve each course providers new modified basic inland waters and Western Rivers towing vessel firefighting course.
Proposed Use of the Information: The collection of information is intended to ensure that course providers meet the regulatory requirements for the courses that they offer.
Description of the Respondents: The respondents are course providers wishing to offer a modified basic inland waters and Western Rivers towing vessel firefighting course.
Number of Respondents: The Coast Guard estimates that there will not be any additional respondents, because the course providers who would request approval of a modified basic inland waters and Western Rivers towing vessel firefighting course would already have other courses approved by the Coast Guard. As such, the Coast Guard expects there will be no additional respondents because the respondents are already included in the collection of information. Out of the 315 current annual respondents for OMB Control Number 16250028, 91 are currently approved to offer a basic firefighting course. Based on information provided by an SME from the Coast Guards Office of Merchant Mariner Credentialing, we estimate that 23 of the 91 course providers offering a basic firefighting course would likely request approval of a modified basic inland waters and Western Rivers towing vessel firefighting course.
Frequency of Response: Half the course providers would request course approval and not need to provide additional information, and the other half would request course approval and need to provide additional information.
The Coast Guard estimates these requests would happen in the first year.

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Therefore, we estimate that there would be 35 additional responses from this proposed rule 23 initial submissions, plus 12 submissions of additional information. The current collection of information estimates the annual number of responses at 3,757; adding 35
responses brings the total estimated number of responses to 3,792.
Burden of Response: Out of the 35
responses, the Coast Guard estimates that 23 would take 6 hours to request approval of a modified basic inland waters and Western Rivers towing vessel firefighting course because the course providers submission complies with Coast Guard policies and regulations. Another 12 responses would take an additional 6 hours because the course package would need to be revised and resubmitted.
Estimate of Total Annual Burden: All 35 responses would take 6 hours to complete. As a consequence, the Coast Guard estimates that 35 6, or 210
hours, will be incurred by course providers in requesting new modified basic firefighting course approvals. The current collection of information annual hour burden is 145,917 hours. Adding 210 to this annual burden brings the total estimated hour burden to 146,127.
As required by 44 U.S.C. 3507d, we will submit a copy of this proposed rule to OMB for its review of the collection of information. We ask for public comment on the proposed revised 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 to 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 NPRM, OMB
would need to approve the Coast Guards request to collect this information.

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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 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 personnel qualifications of officers serving on board merchant vessels, 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, e.g., United States v. Locke, 529 U.S. 89 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 the scheme of federal regulation may be so pervasive as to make reasonable the inference that Congress left no room for the States to supplement it or where the Act of Congress may touch a field in which the federal interest is so dominant that the federal system will be assumed to preclude enforcement of state laws on the same subject.
citations omitted. Because this proposed rule involves the credentialing of merchant mariner officers under 46
U.S.C. 7101, it relates to personnel qualifications for vessels subject to a pervasive scheme of federal regulation, and is therefore foreclosed from regulation by the States. Because the States may not regulate within this category, this proposed rule is consistent with the principles of federalism and preemption requirements in Executive Order 13132.
While it is well settled that States may not regulate in categories in which Congress intended the Coast Guard to be the sole source of a vessels obligations, the Coast Guard recognizes the key role that State and local governments may have in making regulatory determinations. Additionally, for rules with federalism implications and preemptive effect, Executive Order 13132 specifically directs agencies to consult with State and local governments during the rulemaking
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