Agency Information Collection Activities; Proposed eCollection eComments Requested; A Newly Approved Data Collection, National Use-of-Force Data Collection, 69084-69087 [2016-24173]
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Federal Register / Vol. 81, No. 193 / Wednesday, October 5, 2016 / Notices
By mail .........
Assistant Attorney General,
U.S. DOJ—ENRD, P.O.
Box 7611, Washington, DC
20044–7611.
During the public comment period,
the Consent Decree may be examined
and downloaded at this Justice
Department Web site: https://
www.justice.gov/enrd/consent-decrees.
We will provide a paper copy of the
Consent Decree upon written request
and payment of reproduction costs.
Please mail your request and payment
to: Consent Decree Library, U.S. DOJ—
ENRD, P.O. Box 7611, Washington, DC
20044–7611.
Please enclose a check or money order
for $8.00 (25 cents per page
reproduction cost) payable to the United
States Treasury.
Bob Brook,
Assistant Section Chief, Environmental
Enforcement Section, Environment and
Natural Resources Division.
[FR Doc. 2016–24020 Filed 10–4–16; 8:45 am]
BILLING CODE 4410–15–P
DEPARTMENT OF JUSTICE
asabaliauskas on DSK3SPTVN1PROD with NOTICES
Notice of Lodging of Proposed
Consent Decree Under the Clean Air
Act
On September 29, 2016, the
Department of Justice lodged a proposed
Consent Decree with the United States
District Court for the Western District of
Pennsylvania, Erie Docket, in the
lawsuit entitled United States v. Erie
Coke Corporation, Case No. 1:16–cv–
238.
The Consent Decree resolves the
claims of the United States set forth in
the complaint against Erie Coke
Corporation for injunctive relief and
civil penalties in connection with the
company’s coke by-product recovery
plant located in Erie, Pennsylvania,
pursuant to Section 113 of the Clean Air
Act (‘‘CAA’’), 42 U.S.C. 7413. Under the
proposed Consent Decree, Erie Coke
would perform injunctive relief to
inventory, monitor, and control benzene
emissions. It will also pay a civil
penalty of $500,000.
The publication of this notice opens
a period for public comment on the
Consent Decree. Comments should be
addressed to the Assistant Attorney
General, Environment and Natural
Resources Division, and should refer to
United States v. Erie Coke Corporation,
D.J. Ref. No. 90–5–2–1–09614/1. All
comments must be submitted no later
18:15 Oct 04, 2016
Jkt 241001
During the public comment period,
the Consent Decree may be examined
and downloaded at this Justice
Department Web site: https://
www.usdoj.gov/enrd/
Consent_Decrees.html. We will provide
a paper copy of the Consent Decree
upon written request and payment of
reproduction costs. Please mail your
request and payment to: Consent Decree
Library, U.S. DOJ—ENRD, P.O. Box
7611, Washington, DC 20044–7611.
Please enclose a check or money order
for $17.25 (25 cents per page
reproduction cost) payable to the United
States Treasury. For a paper copy
without the appendices and signature
pages, the cost is $15.75.
these allegations against Defendants
FKT Resort Management LLC, FKT
Bayley Family Limited Partnership,
Fred W. Bayley, Kathleen M. Bayley,
Thomas R. Bayley, Bayley Hill Deer &
Trout Farm, Inc., and Bayley’s
Campground, Inc. by requiring those
Defendants to restore the impacted
areas, perform mitigation, and to pay a
civil penalty.
The Department of Justice will accept
written comments relating to the
proposed Consent Decree for thirty (30)
days from the date of publication of this
Notice. Please address comments to
Amy J. Dona, Trial Attorney for the
United States Department of Justice,
Environment and Natural Resources
Division, Environmental Defense
Section, Post Office Box 7611,
Washington, DC 20044, and refer to
United States v. FKT Resort
Management LLC, et al., DJ #90–5–1–1–
19988.
The proposed Consent Decree may be
examined at the Clerk’s Office, United
States District Court for the District of
Maine, 156 Federal Street, Portland, ME
04101. In addition, the proposed
Consent Decree may be examined
electronically at https://www.justice.gov/
enrd/consent-decrees.
Cherie L. Rogers,
Assistant Section Chief, Environmental
Defense Section, Environment and Natural
Resources Division.
[FR Doc. 2016–24111 Filed 10–4–16; 8:45 am]
Send them to:
VerDate Sep<11>2014
than thirty (30) days after the
publication date of this notice.
Comments may be submitted either by
email or by mail:
Robert Brook,
Assistant Section Chief, Environmental
Enforcement Section, Environment and
Natural Resources Division
To submit
comments:
[FR Doc. 2016–24021 Filed 10–4–16; 8:45 am]
To submit
comments:
Send them to:
By email .......
pubcommentees.enrd@usdoj.gov.
Assistant Attorney General,
U.S. DOJ—ENRD, P.O.
Box 7611, Washington, DC
20044–7611.
By mail .........
BILLING CODE 4410–15–P
BILLING CODE 4410–15–P
DEPARTMENT OF JUSTICE
DEPARTMENT OF JUSTICE
Notice of Lodging Proposed Consent
Decree
[OMB Number 1110—NEW]
In accordance with Departmental
Policy, 28 CFR 50.7, notice is hereby
given that a proposed Consent Decree in
United States v. FKT Resort
Management LLC, et al., No. 2:16–cv–
00496–JAW, was lodged with the
United States District Court for the
District of Maine on September 28,
2016.
The proposed Consent Decree
concerns a complaint filed by the
United States against Defendants FKT
Resort Management LLC, FKT Bayley
Family Limited Partnership, Fred W.
Bayley, Kathleen M. Bayley, Thomas R.
Bayley, Bayley Hill Deer & Trout Farm,
Inc., and Bayley’s Campground, Inc.,
pursuant to 33 U.S.C. 1311, 1319, 1344,
to obtain injunctive relief from and
impose civil penalties against the
Defendants for violating the Clean Water
Act by discharging pollutants without a
permit into waters of the United States.
The proposed Consent Decree resolves
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Agency Information Collection
Activities; Proposed eCollection
eComments Requested; A Newly
Approved Data Collection, National
Use-of-Force Data Collection
Federal Bureau of
Investigation, Department of Justice.
ACTION: 60-day notice.
AGENCY:
The Department of Justice
(DOJ), Federal Bureau of Investigation
(FBI) Criminal Justice Information
Services (CJIS) Division, will be
submitting the following information
collection request to the Office of
Management and Budget) for review and
approval in accordance with the
Paperwork Reduction Act of 1995.
DATES: Comments are encouraged and
will be accepted for 60 days until
December 5, 2016.
FOR FURTHER INFORMATION CONTACT: To
ensure that comments on the
information collection are received,
SUMMARY:
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Federal Register / Vol. 81, No. 193 / Wednesday, October 5, 2016 / Notices
asabaliauskas on DSK3SPTVN1PROD with NOTICES
OMB recommends that written
comments be emailed to
useofforcepublicnotice@ic.fbi.gov.
If you have additional comments
especially on the estimated public
burden or associated response time,
suggestions, or copy of the proposed
information collection instrument with
instructions or additional information,
please contact Ms. Amy Blasher, Unit
Chief, FBI CJIS Division, Module D–3,
1000 Custer Hollow Road, Clarksburg,
West Virginia 26306.
SUPPLEMENTARY INFORMATION: Written
comments and suggestions from the
public and affected agencies concerning
the proposed collection of information
are encouraged. Your comments should
address one or more of the following
four points:
• Evaluate whether the proposed
collection of information is necessary
for the proper performance of the
functions of the FBI, including whether
the information will have practical
utility.
• Evaluate the accuracy of the
agency’s estimate of the burden of the
proposed collection of information,
including the validity of the
methodology and assumptions used.
• Evaluate whether and, if so, how
the quality, utility, and clarity of the
information to be collected can be
enhanced.
• Minimize the burden of the
collection of information on those who
are to respond, including through the
use of appropriate automated,
electronic, mechanical, or other
technological collection techniques or
other forms of information technology,
e.g., permitting electronic submission of
responses.
Overview of This Information
Collection
(1) Type of Information Collection: A
newly approved data collection.
(2) The Title of the Form/Collection:
National Use-of-Force Data Collection.
(3) The agency form number, if any,
and the applicable component of the
Department sponsoring the collection:
The form number is unnumbered. The
applicable component within the DOJ is
the FBI CJIS Division.
(4) Affected public who will be asked
or required to respond, as well as a brief
abstract: The FBI has a long-standing
tradition of providing crime statistics
collected from local, state, tribal, and
federal law enforcement agencies on
Law Enforcement Officers Killed and
Assaulted (LEOKA) and justifiable
homicides which enable transparency
and accountability. To provide a better
understanding of the incidents of use of
force by law enforcement, the Uniform
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Crime Reporting (UCR) Program is
proposing a new data collection for law
enforcement agencies to provide
information on incidents where use of
force by a law enforcement officer (as
defined by the LEOKA Program) has led
to the death or serious bodily injury of
a person, as well as when a law
enforcement officer discharges a firearm
at or in the direction of a person.
The current LEOKA definition of a
law enforcement officer is: ‘‘All local,
county, state, and federal law
enforcement officers (such as municipal,
county police officers, constables, state
police, highway patrol, sheriffs, their
deputies, federal law enforcement
officers, marshals, special agents, etc.)
who are sworn by their respective
government authorities to uphold the
law and to safeguard the rights, lives,
and property of American citizens. They
must have full arrest powers and be
members of a public governmental law
enforcement agency, paid from
government funds set aside specifically
for payment to sworn police law
enforcement organized for the purposes
of keeping order and for preventing and
detecting crimes, and apprehending
those responsible.’’
The definition of ‘‘serious bodily
injury’’ will be based, in part, on 18
United States Code (U.S.C.), Section
2246(4), to mean ‘‘bodily injury that
involves a substantial risk of death,
unconsciousness, protracted and
obvious disfigurement, or protracted
loss or impairment of the function of a
bodily member, organ, or mental
faculty.’’ These actions include the use
of a firearm; an electronic control
weapon (e.g., Taser); an explosive
device; pepper or OC (oleoresin
capsicum) spray or other chemical
agent; a baton; an impact projectile; a
blunt instrument; hands-fists-feet; or
canine.
Local, state, tribal and federal law
enforcement agencies will provide
information on characteristics of the
incident, subjects of the use of force,
and the officers that applied force in the
incident. Agencies will also be asked to
positively affirm, on a monthly basis,
whether they did or did not have any
use of force that resulted in a fatality, a
serious bodily injury to a person, or
firearm discharges at or in the direction
of a person. Enrollment information
from agencies and state points of contact
will be collected at the initiation of the
collection and updated no less than
annually to assist with the managing of
this data. The process for developing a
robust national collection on use of
force involves a multistage,
collaborative approach. With this
request, the FBI proposes a pilot study.
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The pilot study will be conducted in
two phases, each with its own focus.
The pilot study design will be informed
by pretesting activities conducted under
the FBI’s generic clearance [OMB 1110–
0057] as discussed briefly here. Both
pretesting and pilot efforts will rely
upon effective collaboration between
the FBI and the Bureau of Justice
Statistics (BJS) to achieve and maintain
a high level of data quality in an
efficient manner.
Pretesting
Pretesting activities will be conducted
prior to the initiation of a pilot study
and will allow for finalization of the
data collection instructions and
associated instructions before the pilot
data collection. These activities will
provide the preliminary information
needed to both construct the sample of
targeted agencies for the pilot study and
identify early problem areas that can be
resolved prior to formal testing. The
pretesting consists of three parts:
Cognitive testing of survey items
(including those relating to the time of
the incident and measures of serious
bodily harm), testing of questionnaire
design (to better assess respondent
burden and functionality), and a
canvass of state UCR program managers
(to assist with developing the sample
frame for the proposed pilot). Cognitive
testing will be conducted in a manner
to capture differences in measurement
by region and law enforcement agency
type, should they exist. Testing of
questionnaire design will include
follow-up with respondents to assess
any difficulty with definitions or
administration. Canvassing state UCR
programs will indicate the means by
which use-of-force statistics are
reported—either through the UCR
Program itself or directly from state and
local law enforcement agencies.
Pilot
The purpose of the pilot study is to
evaluate the quality of information
collected through the use-of-force data
collection tool against information
collected through coding of state law
enforcement records. Instructions and
manuals, as well as training modules
and curricula, all serve to help guide
individuals at law enforcement agencies
to translate their local records into a
uniform manner when reporting.
However, it may be difficult to
communicate coding schemes based
upon a common set of definitions.
Therefore, after providing basic
instructions to respondents, the pilot
study will evaluate the accuracy of
codes assigned by respondents to
identify concepts with less consensus
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Federal Register / Vol. 81, No. 193 / Wednesday, October 5, 2016 / Notices
across locations and types of law
enforcement agencies and thereby
improve coding instructions. Potential
sources of nonresponse and incomplete
information will also be evaluated. Both
phases of the pilot will include a set of
target agencies and states that will allow
for sufficient data to evaluate intercoder
reliability in the application of
definitions and guidance. The phases of
the pilot differ by the mode of
submission for incident data, the
addition of site visits, and the number
of sites recruited.
Phase 1
The first phase of the pilot will
provide a prospective comparison of
reported incidents in the use-of-force
data collection through the use-of-force
data collection tool to the original
records voluntarily provided by the
reporting agency to the FBI. Those
agencies that are recruited and agree to
participate in the pilot study will
understand that local records will be
forwarded to the FBI upon submission
of statistical information to the use of
force data collection tool. The local case
information will be redacted of any
personally identifiable information prior
to being forwarded to the FBI, and all
local records will be destroyed upon
completion of the pilot study.
The goal of this review is to ascertain
whether the agencies are applying the
definitions and using the provided
instructions in a uniform manner. The
records review and comparison will also
identify problematic areas where
instructions need more detail or more
training should be provided to agencies.
The data will also be used in the
planning of the second phase of the
pilot that will involve a site visit to a
subset of agencies. Finally, the FBI will
work with state UCR program managers
in the pilot states to identify any
potential problems with local and state
record-keeping that impedes the ability
to provide the use-of-force information
to the FBI.
Phase II
The second phase of the pilot will
include the set of agencies recruited for
the first phase, as well as two additional
states recruited to provide their use-offorce data in a bulk data submission.
These states will be nominated based
upon the information gained from the
canvass of state UCR program managers
during pretesting. The FBI will also
continue to accept agencies and states
that voluntarily provide data to the data
collection.
In addition to the records review and
comparison begun during Phase 1,
Phase II will include targeted, on-site
visits with a subsample of pilot
agencies. The subsample will be
selected to include different geographic
areas. The primary goal of the on-site
visits is to ascertain the level and source
of underreporting of within-scope
incidents—especially those with serious
bodily injury or firearm discharges. The
on-site visits will also allow for an
assessment of local record-keeping
capabilities and changes to the data
collection process.
At the conclusion of Phase II, the FBI
will release a report detailing the results
of its data collection, analysis, and
recommendations to inform the design
of a main study.
(5) An estimate of the total number of
respondents and the amount of time
estimated for an average respondent to
respond: An estimated 701,486 law
enforcement officers will participate in
the National Use-of-Force Data
Collection. The estimated burden hours
per incident is 0.63 for completion.
(6) An estimate of the total public
burden (in hours) associated with the
collection: Two separate burden
estimates are provided for the proposed
collection—one for the pilot study and
a second for the annual collection to
include all law enforcement agencies.
Burden estimates were based on sources
from the FBI UCR Program, the BJS, and
the Centers for Disease Control (CDC).
The BJS has recently estimated that
approximately 1,400 fatalities attributed
to a law enforcement use of force occur
annually (Planty, et al., 2015, ArrestRelated Deaths Program: Data Quality
Profile, https://www.bjs.gov/
index.cfm?ty=pbdetail&iid=5260≤). In
addition, the CDC estimates the
incidences of fatal and nonfatal injury—
including those due to legal
intervention—from emergency
department data. In their piece entitled,
‘‘The real risks during deadly police
¨
shootouts: Accuracy of the naıve
shooter,’’ Lewinski, et al. (2015)
estimates law enforcement officers miss
their target approximately 50 percent of
the time at the firing range and was used
as a simple estimate for the number of
firearm discharges at or in the direction
of a person, but did not strike the
individual. In addition, the UCR
Program collects counts of the number
of law enforcement sworn and civilian
employees in law enforcement agencies.
The table below uses a rate per officer
to estimate the anticipated number of
reports that could be received within
the two pilot phases and an annual
collection. Because the nonfatal injury
due to legal intervention estimate from
the CDC does not provide any overt
measure of severity, these injuries are
estimated to be as high as 82,283 or as
low as 5,546. Based upon these
estimates, the FBI is requesting 52,416
burden hours for an annual collection of
this data.
ESTIMATED BURDEN FOR PILOT STUDY
Rate per
officer
Timeframe
Pilot I (3 months) ...................
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Pilot II (3 months) ..................
Pilot Total (6 months) ............
Estimated number of
incidents
Approximate
number of
officers
Reporting group
Large agencies ......................
Pilot I States ..........................
Large agencies ......................
Pilot I & II States ...................
................................................
Maximum
Minimum
Maximum
Minimum
178,557
54,781
178,557
82,172
....................
0.122
0.122
0.122
0.122
................
0.012
0.012
0.012
0.012
................
5,294
6,497
5,294
9,746
26,831
554
679
554
1,019
2,806
Estimated burden
hours
Estimated
burden
hours per
incident
Maximum
Minimum
0.63
0.63
0.63
0.63
0.63
3,336
4,093
3,336
6,140
16,905
349
428
349
642
1,768
0.63
52,416
5,481
Estimated Burden for All Law Enforcement Agencies in Annual Collection
Collection (Annual) ................
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All agencies ...........................
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0.012
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Federal Register / Vol. 81, No. 193 / Wednesday, October 5, 2016 / Notices
If additional information is required
contact: Ms. Amy Blasher, Unit Chief,
United States DOJ, FBI CJIS Division,
Crime Data Modernization Team,
Module D–3, 1000 Custer Hollow Road,
Clarksburg, West Virginia 26306.
Dated: October 3, 2016.
Jerri Murray,
Department Clearance Office for PRA, U.S.
Department of Justice.
[FR Doc. 2016–24173 Filed 10–4–16; 8:45 am]
BILLING CODE 4410–02–P
DEPARTMENT OF LABOR
Employee Benefits Security
Administration
asabaliauskas on DSK3SPTVN1PROD with NOTICES
184th Meeting of the Advisory Council
on Employee Welfare and Pension
Benefit Plans; Notice of Meeting
Pursuant to the authority contained in
Section 512 of the Employee Retirement
Income Security Act of 1974 (ERISA), 29
U.S.C. 1142, the 184th open meeting of
the Advisory Council on Employee
Welfare and Pension Benefit Plans (also
known as the ERISA Advisory Council)
will be held on November 9–10, 2016.
The meeting will take place in C5521
Room 4, U.S. Department of Labor, 200
Constitution Avenue NW., Washington,
DC 20210 on November 9, from 1 p.m.
to approximately 5:00 p.m. On
November 10, the meeting will start at
9:00 a.m. and conclude at
approximately 4:00 p.m., with a break
for lunch. The morning session on
November 10 will be in C5521 Room 4.
The afternoon session on November 10
will take place in Room S–2508 at the
same address. The purpose of the open
meeting on November 9 and the
morning of November 10 is for the
Advisory Council members to finalize
the recommendations they will present
to the Secretary. At the November 10
afternoon session, the Council members
will receive an update from the
Assistant Secretary of Labor for the
Employee Benefits Security
Administration (EBSA) and present
their recommendations.
The Council recommendations will be
on the following issues: (1) Participant
Plan Transfers and Account
Consolidation for the Advancement of
Lifetime Plan Participation and (2)
Cybersecurity Considerations for Benefit
Plans. Descriptions of these topics are
available on the Advisory Council page
of the EBSA Web site at www.dol.gov/
agencies/ebsa/about-ebsa/about-us/
erisa-advisory-council.
Organizations or members of the
public wishing to submit a written
statement may do so by submitting 30
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18:15 Oct 04, 2016
Jkt 241001
copies on or before November 1, 2016 to
Larry Good, Executive Secretary, ERISA
Advisory Council, U.S. Department of
Labor, Suite N–5623, 200 Constitution
Avenue NW., Washington, DC 20210.
Statements also may be submitted as
email attachments in rich text, Word, or
pdf format transmitted to good.larry@
dol.gov. It is requested that statements
not be included in the body of an email.
Statements deemed relevant by the
Advisory Council and received on or
before November 1 will be included in
the record of the meeting and will be
available by contacting the EBSA Public
Disclosure Room. Do not include any
personally identifiable information
(such as name, address, or other contact
information) or confidential business
information that you do not want
publicly disclosed.
Individuals or representatives of
organizations wishing to address the
Advisory Council should forward their
requests to the Executive Secretary or
telephone (202) 693–8668. Oral
presentations will be limited to ten
minutes, time permitting, but an
extended statement may be submitted
for the record. Individuals with
disabilities who need special
accommodations should contact the
Executive Secretary by November 1,
2016 at the address indicated.
Signed at Washington, DC.
Dated: September 28, 2016.
Judith Mares,
Deputy Assistant Secretary, Employee
Benefits Security Administration.
[FR Doc. 2016–24102 Filed 10–4–16; 8:45 am]
BILLING CODE 4510–29–P
DEPARTMENT OF LABOR
Office of Workers’ Compensation
Programs
Proposed Extension of Existing
Collection; Comment Request
Division of Federal Employees’
Compensation, Office of Workers’
Compensation Programs.
ACTION: Notice.
AGENCY:
The Department of Labor, as
part of its continuing effort to reduce
paperwork and respondent burden,
conducts a preclearance consultation
program to provide the general public
and Federal agencies with an
opportunity to comment on proposed
and/or continuing collections of
information in accordance with the
Paperwork Reduction Act of 1995
(PRA95) [44 U.S.C. 3506(c)(2)(A)]. This
program helps to ensure that requested
data can be provided in the desired
SUMMARY:
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69087
format, reporting burden (time and
financial resources) is minimized,
collection instruments are clearly
understood, and the impact of collection
requirements on respondents can be
properly assessed. Currently, the Office
of Workers’ Compensation Programs is
soliciting comments concerning the
proposed collection: Notice of Law
Enforcement Officer’s Injury or
Occupational Disease (CA–721) and
Notice of Law Enforcement Officer’s
Death (CA–722). A copy of the proposed
information collection request can be
obtained by contacting the office listed
below in the ADDRESSES section of this
Notice.
DATES: Written comments must be
submitted to the office listed in the
ADDRESSES section below on or before
December 5, 2016.
ADDRESSES: Ms. Yoon Ferguson, U.S.
Department of Labor, 200 Constitution
Ave. NW., Room S–3323, Washington,
DC 20210, telephone/fax (202) 354–
9647, Email Ferguson.Yoon@dol.gov.
Please use only one method of
transmission for comments (mail, fax, or
Email).
SUPPLEMENTARY INFORMATION:
I. Background
The Federal Employees’
Compensation Act (FECA) provides,
under 5 U.S.C. 8191, et seq. and 20 CFR
10.735, that non-Federal law
enforcement officers injured or killed
under certain circumstances are entitled
to the benefits of the Act, to the same
extent as if they were employees of the
Federal Government. The CA–721 and
CA–722 are used by non-Federal law
enforcement officers and their survivors
to claim compensation under the FECA.
Form CA–721 is used for claims for
injury. Form CA–722 is used for claims
for death. This information collection is
currently approved for use through
December 31, 2016.
II. Review Focus
The Department of Labor is
particularly interested in comments
which:
* Evaluate whether the proposed
collection of information is necessary
for the proper performance of the
functions of the agency, including
whether the information will have
practical utility;
* evaluate the accuracy of the
agency’s estimate of the burden of the
proposed collection of information,
including the validity of the
methodology and assumptions used;
* enhance the quality, utility and
clarity of the information to be
collected; and
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]]>Agencies
[Federal Register Volume 81, Number 193 (Wednesday, October 5, 2016)]
[Notices]
[Pages 69084-69087]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-24173]
-----------------------------------------------------------------------
DEPARTMENT OF JUSTICE
[OMB Number 1110--NEW]
Agency Information Collection Activities; Proposed eCollection
eComments Requested; A Newly Approved Data Collection, National Use-of-
Force Data Collection
AGENCY: Federal Bureau of Investigation, Department of Justice.
ACTION: 60-day notice.
-----------------------------------------------------------------------
SUMMARY: The Department of Justice (DOJ), Federal Bureau of
Investigation (FBI) Criminal Justice Information Services (CJIS)
Division, will be submitting the following information collection
request to the Office of Management and Budget) for review and approval
in accordance with the Paperwork Reduction Act of 1995.
DATES: Comments are encouraged and will be accepted for 60 days until
December 5, 2016.
FOR FURTHER INFORMATION CONTACT: To ensure that comments on the
information collection are received,
[[Page 69085]]
OMB recommends that written comments be emailed to
useofforcepublicnotice@ic.fbi.gov.
If you have additional comments especially on the estimated public
burden or associated response time, suggestions, or copy of the
proposed information collection instrument with instructions or
additional information, please contact Ms. Amy Blasher, Unit Chief, FBI
CJIS Division, Module D-3, 1000 Custer Hollow Road, Clarksburg, West
Virginia 26306.
SUPPLEMENTARY INFORMATION: Written comments and suggestions from the
public and affected agencies concerning the proposed collection of
information are encouraged. Your comments should address one or more of
the following four points:
Evaluate whether the proposed collection of information is
necessary for the proper performance of the functions of the FBI,
including whether the information will have practical utility.
Evaluate the accuracy of the agency's estimate of the
burden of the proposed collection of information, including the
validity of the methodology and assumptions used.
Evaluate whether and, if so, how the quality, utility, and
clarity of the information to be collected can be enhanced.
Minimize the burden of the collection of information on
those who are to respond, including through the use of appropriate
automated, electronic, mechanical, or other technological collection
techniques or other forms of information technology, e.g., permitting
electronic submission of responses.
Overview of This Information Collection
(1) Type of Information Collection: A newly approved data
collection.
(2) The Title of the Form/Collection: National Use-of-Force Data
Collection.
(3) The agency form number, if any, and the applicable component of
the Department sponsoring the collection: The form number is
unnumbered. The applicable component within the DOJ is the FBI CJIS
Division.
(4) Affected public who will be asked or required to respond, as
well as a brief abstract: The FBI has a long-standing tradition of
providing crime statistics collected from local, state, tribal, and
federal law enforcement agencies on Law Enforcement Officers Killed and
Assaulted (LEOKA) and justifiable homicides which enable transparency
and accountability. To provide a better understanding of the incidents
of use of force by law enforcement, the Uniform Crime Reporting (UCR)
Program is proposing a new data collection for law enforcement agencies
to provide information on incidents where use of force by a law
enforcement officer (as defined by the LEOKA Program) has led to the
death or serious bodily injury of a person, as well as when a law
enforcement officer discharges a firearm at or in the direction of a
person.
The current LEOKA definition of a law enforcement officer is: ``All
local, county, state, and federal law enforcement officers (such as
municipal, county police officers, constables, state police, highway
patrol, sheriffs, their deputies, federal law enforcement officers,
marshals, special agents, etc.) who are sworn by their respective
government authorities to uphold the law and to safeguard the rights,
lives, and property of American citizens. They must have full arrest
powers and be members of a public governmental law enforcement agency,
paid from government funds set aside specifically for payment to sworn
police law enforcement organized for the purposes of keeping order and
for preventing and detecting crimes, and apprehending those
responsible.''
The definition of ``serious bodily injury'' will be based, in part,
on 18 United States Code (U.S.C.), Section 2246(4), to mean ``bodily
injury that involves a substantial risk of death, unconsciousness,
protracted and obvious disfigurement, or protracted loss or impairment
of the function of a bodily member, organ, or mental faculty.'' These
actions include the use of a firearm; an electronic control weapon
(e.g., Taser); an explosive device; pepper or OC (oleoresin capsicum)
spray or other chemical agent; a baton; an impact projectile; a blunt
instrument; hands-fists-feet; or canine.
Local, state, tribal and federal law enforcement agencies will
provide information on characteristics of the incident, subjects of the
use of force, and the officers that applied force in the incident.
Agencies will also be asked to positively affirm, on a monthly basis,
whether they did or did not have any use of force that resulted in a
fatality, a serious bodily injury to a person, or firearm discharges at
or in the direction of a person. Enrollment information from agencies
and state points of contact will be collected at the initiation of the
collection and updated no less than annually to assist with the
managing of this data. The process for developing a robust national
collection on use of force involves a multistage, collaborative
approach. With this request, the FBI proposes a pilot study. The pilot
study will be conducted in two phases, each with its own focus. The
pilot study design will be informed by pretesting activities conducted
under the FBI's generic clearance [OMB 1110-0057] as discussed briefly
here. Both pretesting and pilot efforts will rely upon effective
collaboration between the FBI and the Bureau of Justice Statistics
(BJS) to achieve and maintain a high level of data quality in an
efficient manner.
Pretesting
Pretesting activities will be conducted prior to the initiation of
a pilot study and will allow for finalization of the data collection
instructions and associated instructions before the pilot data
collection. These activities will provide the preliminary information
needed to both construct the sample of targeted agencies for the pilot
study and identify early problem areas that can be resolved prior to
formal testing. The pretesting consists of three parts: Cognitive
testing of survey items (including those relating to the time of the
incident and measures of serious bodily harm), testing of questionnaire
design (to better assess respondent burden and functionality), and a
canvass of state UCR program managers (to assist with developing the
sample frame for the proposed pilot). Cognitive testing will be
conducted in a manner to capture differences in measurement by region
and law enforcement agency type, should they exist. Testing of
questionnaire design will include follow-up with respondents to assess
any difficulty with definitions or administration. Canvassing state UCR
programs will indicate the means by which use-of-force statistics are
reported--either through the UCR Program itself or directly from state
and local law enforcement agencies.
Pilot
The purpose of the pilot study is to evaluate the quality of
information collected through the use-of-force data collection tool
against information collected through coding of state law enforcement
records. Instructions and manuals, as well as training modules and
curricula, all serve to help guide individuals at law enforcement
agencies to translate their local records into a uniform manner when
reporting. However, it may be difficult to communicate coding schemes
based upon a common set of definitions. Therefore, after providing
basic instructions to respondents, the pilot study will evaluate the
accuracy of codes assigned by respondents to identify concepts with
less consensus
[[Page 69086]]
across locations and types of law enforcement agencies and thereby
improve coding instructions. Potential sources of nonresponse and
incomplete information will also be evaluated. Both phases of the pilot
will include a set of target agencies and states that will allow for
sufficient data to evaluate intercoder reliability in the application
of definitions and guidance. The phases of the pilot differ by the mode
of submission for incident data, the addition of site visits, and the
number of sites recruited.
Phase 1
The first phase of the pilot will provide a prospective comparison
of reported incidents in the use-of-force data collection through the
use-of-force data collection tool to the original records voluntarily
provided by the reporting agency to the FBI. Those agencies that are
recruited and agree to participate in the pilot study will understand
that local records will be forwarded to the FBI upon submission of
statistical information to the use of force data collection tool. The
local case information will be redacted of any personally identifiable
information prior to being forwarded to the FBI, and all local records
will be destroyed upon completion of the pilot study.
The goal of this review is to ascertain whether the agencies are
applying the definitions and using the provided instructions in a
uniform manner. The records review and comparison will also identify
problematic areas where instructions need more detail or more training
should be provided to agencies. The data will also be used in the
planning of the second phase of the pilot that will involve a site
visit to a subset of agencies. Finally, the FBI will work with state
UCR program managers in the pilot states to identify any potential
problems with local and state record-keeping that impedes the ability
to provide the use-of-force information to the FBI.
Phase II
The second phase of the pilot will include the set of agencies
recruited for the first phase, as well as two additional states
recruited to provide their use-of-force data in a bulk data submission.
These states will be nominated based upon the information gained from
the canvass of state UCR program managers during pretesting. The FBI
will also continue to accept agencies and states that voluntarily
provide data to the data collection.
In addition to the records review and comparison begun during Phase
1, Phase II will include targeted, on-site visits with a subsample of
pilot agencies. The subsample will be selected to include different
geographic areas. The primary goal of the on-site visits is to
ascertain the level and source of underreporting of within-scope
incidents--especially those with serious bodily injury or firearm
discharges. The on-site visits will also allow for an assessment of
local record-keeping capabilities and changes to the data collection
process.
At the conclusion of Phase II, the FBI will release a report
detailing the results of its data collection, analysis, and
recommendations to inform the design of a main study.
(5) An estimate of the total number of respondents and the amount
of time estimated for an average respondent to respond: An estimated
701,486 law enforcement officers will participate in the National Use-
of-Force Data Collection. The estimated burden hours per incident is
0.63 for completion.
(6) An estimate of the total public burden (in hours) associated
with the collection: Two separate burden estimates are provided for the
proposed collection--one for the pilot study and a second for the
annual collection to include all law enforcement agencies. Burden
estimates were based on sources from the FBI UCR Program, the BJS, and
the Centers for Disease Control (CDC). The BJS has recently estimated
that approximately 1,400 fatalities attributed to a law enforcement use
of force occur annually (Planty, et al., 2015, Arrest-Related Deaths
Program: Data Quality Profile, https://www.bjs.gov/index.cfm?ty=pbdetail&iid=5260). In addition, the CDC
estimates the incidences of fatal and nonfatal injury--including those
due to legal intervention--from emergency department data. In their
piece entitled, ``The real risks during deadly police shootouts:
Accuracy of the na[iuml]ve shooter,'' Lewinski, et al. (2015) estimates
law enforcement officers miss their target approximately 50 percent of
the time at the firing range and was used as a simple estimate for the
number of firearm discharges at or in the direction of a person, but
did not strike the individual. In addition, the UCR Program collects
counts of the number of law enforcement sworn and civilian employees in
law enforcement agencies.
The table below uses a rate per officer to estimate the anticipated
number of reports that could be received within the two pilot phases
and an annual collection. Because the nonfatal injury due to legal
intervention estimate from the CDC does not provide any overt measure
of severity, these injuries are estimated to be as high as 82,283 or as
low as 5,546. Based upon these estimates, the FBI is requesting 52,416
burden hours for an annual collection of this data.
Estimated Burden for Pilot Study
--------------------------------------------------------------------------------------------------------------------------------------------------------
Rate per officer Estimated number of Estimated burden hours
---------------------- incidents ----------------------------------
Approximate ---------------------- Estimated
Timeframe Reporting group number of burden
officers Maximum Minimum Maximum Minimum hours per Maximum Minimum
incident
--------------------------------------------------------------------------------------------------------------------------------------------------------
Pilot I (3 months).................. Large agencies........ 178,557 0.122 0.012 5,294 554 0.63 3,336 349
Pilot I States........ 54,781 0.122 0.012 6,497 679 0.63 4,093 428
Pilot II (3 months)................. Large agencies........ 178,557 0.122 0.012 5,294 554 0.63 3,336 349
Pilot I & II States... 82,172 0.122 0.012 9,746 1,019 0.63 6,140 642
Pilot Total (6 months).............. ...................... ........... ......... ......... 26,831 2,806 0.63 16,905 1,768
--------------------------------------------------------------------------------------------------------------------------------------------------------
Estimated Burden for All Law Enforcement Agencies in Annual Collection
--------------------------------------------------------------------------------------------------------------------------------------------------------
Collection (Annual)................. All agencies.......... 701,486 0.122 0.012 83,200 8,700 0.63 52,416 5,481
--------------------------------------------------------------------------------------------------------------------------------------------------------
[[Page 69087]]
If additional information is required contact: Ms. Amy Blasher,
Unit Chief, United States DOJ, FBI CJIS Division, Crime Data
Modernization Team, Module D-3, 1000 Custer Hollow Road, Clarksburg,
West Virginia 26306.
Dated: October 3, 2016.
Jerri Murray,
Department Clearance Office for PRA, U.S. Department of Justice.
[FR Doc. 2016-24173 Filed 10-4-16; 8:45 am]
BILLING CODE 4410-02-P
