Collection of Information Under Review by Office of Management and Budget: OMB Control Numbers: 1625-0003, 76355-76358 [E6-21644]
Download as PDF
Federal Register / Vol. 71, No. 244 / Wednesday, December 20, 2006 / Notices
systems in the Department. These
assessments were approved and
published on the Privacy Office’s Web
site between November 1, 2006 and
November 30, 2006.
The Privacy Impact Assessments
will be available on the DHS Web site
until February 20, 2007, after which
they may be obtained by contacting the
DHS Privacy Office (contact information
below).
DATES:
FOR FURTHER INFORMATION CONTACT:
Hugo Teufel III, Chief Privacy Officer,
Department of Homeland Security,
Washington, DC 20528; by telephone
(571) 227–3813, facsimile (866) 466–
5370, or e-mail: pia@dhs.gov.
Between
November 1, 2006 and November 30,
2006, the Chief Privacy Officer of the
Department of Homeland Security
(DHS) approved and published three
Privacy Impact Assessments (PIAs) on
the DHS Privacy Office Web site,
https://www.dhs.gov/privacy, under the
link for ‘‘Privacy Impact Assessments.’’
These PIAs cover three separate DHS
programs. Below is a short summary of
those programs, indicating the DHS
component responsible for the system,
and the date on which the PIA was
approved. Additional information can
be found on the Web site or by
contacting the Privacy Office.
SUPPLEMENTARY INFORMATION:
1. CBP Automatic Targeting System
prospective and existing members of
GES programs.
3. United States Coast Guard
‘‘Biometrics at Sea’’ Mona Passage
Proof of Concept
U.S. Coast Guard
November 3, 2006: This PIA describes
the U.S. Coast Guard (USCG) and U.S.
Visitor and Immigrant Status Indicator
Technology (US–VISIT) Program
partnership. The partnership is in
furtherance of the broader objective to
develop mobile biometric capabilities
for the Department of Homeland
Security (DHS). The findings from this
proof of concept will be used to develop
and refine technologies needed for
mobile biometrics collection and
analysis capability at sea, along with
other remote areas where DHS operates.
The technologies developed through
this proof of concept will assist in the
apprehension and prosecution of illegal
migrants and migrant smugglers. They
will also deter unsafe and illegal
maritime migration, which will help
preserve life at sea. The USCG deployed
the at-sea biometric capability during
the operational Proof of Concept (POC)
in November 2006.
Dated: December 12, 2006.
Hugo Teufel III,
Chief Privacy Officer.
[FR Doc. E6–21752 Filed 12–19–06; 8:45 am]
BILLING CODE 4410–10–P
Customs and Border Protection
November 22, 2006: Department of
Homeland Security, Customs and
Border Protection (CBP), has developed
the Automated Targeting System (ATS).
ATS is one of the most advanced
targeting systems in the world. Using a
common approach for data
management, analysis, rules-based risk
management, and user interfaces, ATS
supports all CBP mission areas and the
data and rules specific to those areas.
This PIA was prepared in conjunction
with the System of Records Notice that
was published on November 2, 2006 in
the Federal Register.
2. Global Enrollment System
sroberts on PROD1PC70 with NOTICES
Customs and Border Protection
November 1, 2006: This is an update
to the previous Global Enrollment
System PIA, dated April 20, 2006. It was
prepared in order to include a
description and analysis of the Global
On-Line Enrollment System, which is
the new online application process for
enrollment in Customs and Border
Protection trusted traveler programs.
With the new system, CBP will be able
to offer an on-line enrollment process to
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DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
[USCG–2006–24068]
Collection of Information Under
Review by Office of Management and
Budget: OMB Control Numbers: 1625–
0003
Coast Guard, DHS.
Request for comments.
AGENCY:
ACTION:
SUMMARY: In compliance with the
Paperwork Reduction Act of 1995, this
request for comments announces that
the Coast Guard is forwarding an
Information Collection Request (ICR),
abstracted below, to the Office of
Information and Regulatory Affairs
(OIRA) of the Office of Management and
Budget (OMB) to request an extension of
their approval of the following
collection of information. The ICR is
1625–0003, Coast Guard Boating
Accident Report Form (CG–3865). Our
ICR describes the information we seek
to collect from the public. Review and
comments by OIRA ensures that we
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76355
impose only paperwork burdens
commensurate with our performance of
duties.
DATES: Please submit comments on or
before January 19, 2007.
ADDRESSES: To make sure that your
comments and related material do not
reach the docket [USCG–2006–24068] or
OIRA more than once, please submit
them by only one of the following
means:
(1)(a) By mail to the Docket
Management Facility, U.S. Department
of Transportation (DOT), room PL–401,
400 Seventh Street, SW., Washington,
DC 20590–0001. (b) By mail to OIRA,
725 17th Street, NW., Washington, DC
20503, to the attention of the Desk
Officer for the Coast Guard.
(2)(a) By delivery to room PL–401 at
the address given in paragraph (1)(a)
above, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal
holidays. The telephone number is (202)
366–9329. (b) By delivery to OIRA, at
the address given in paragraph (1)(b)
above, to the attention of the Desk
Officer for the Coast Guard.
(3) By fax to (a) the Facility at (202)
493–2298 or by contacting (b) OIRA at
(202) 395–6566. To ensure your
comments are received in time, mark
the fax to the attention of Mr. Nathan
Lesser, Desk officer for the Coast Guard.
(4)(a) Electronically through the Web
site for the Docket Management System
(DMS) at https://dms.dot.gov. (b) By email to nlesser@omb.eop.gov.
The Docket Management Facility
maintains the public docket for this
notice. Comments and material received
from the public, as well as documents
mentioned in this notice as being
available in the docket, will become part
of this docket and will be available for
inspection or copying at room PL–401
on the Plaza level of the Nassif Building,
400 Seventh Street, SW., Washington,
DC, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
You may also find this docket on the
Internet at https://dms.dot.gov.
Copies of the complete ICRs are
available through this docket on the
Internet at https://dms.dot.gov, and also
from Commandant (CG–611), U.S. Coast
Guard Headquarters, room 1236 (Attn:
Mr. Arthur Requina), 2100 2nd Street,
SW., Washington, DC 20593–0001. The
telephone number is (202) 475–3523.
FOR FURTHER INFORMATION CONTACT: Mr.
Arthur Requina, Office of Information
Management, telephone (202) 475–3523
or fax (202) 475–3929, for questions on
these documents; or Ms. Renee V.
Wright, Program Manager, Docket
Operations, (202) 493–0402, for
questions on the docket.
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Federal Register / Vol. 71, No. 244 / Wednesday, December 20, 2006 / Notices
The Coast
Guard invites comments on the
proposed collection of information to
determine whether the collection is
necessary for the proper performance of
the functions of the Department. In
particular, the Coast Guard would
appreciate comments addressing: (1)
The practical utility of the collections;
(2) the accuracy of the estimated burden
of the collections; (3) ways to enhance
the quality, utility, and clarity of the
information that is the subject of the
collections; and (4) ways to minimize
the burden of collections on
respondents, including the use of
automated collection techniques or
other forms of information technology.
Comments to DMS or OIRA must
contain the OMB Control Number of the
ICRs addressed. Comments to DMS
must contain the docket number of this
request, [USCG 2006–24068]. For your
comments to OIRA to be considered, it
is best if OIRA receives them on or
before the January 19, 2007.
Public participation and request for
comments: We encourage you to
respond to this request for comments by
submitting comments and related
materials. We will post all comments
received, without change, to https://
dms.dot.gov, they will include any
personal information you have
provided. We have an agreement with
DOT to use their Docket Management
Facility. Please see the paragraph on
DOT’s ‘‘Privacy Act Policy’’ below.
Submitting comments: If you submit a
comment, please include your name and
address, identify the docket number for
this request for comment [USCG–2006–
24068], indicate the specific section of
this document or the ICR to which each
comment applies, and give the reason
for each comment. You may submit
your comments and material by
electronic means, mail, fax, or delivery
to the Docket Management Facility at
the address under ADDRESSES, but
please submit them by only one means.
If you submit them by mail or delivery,
submit them in an unbound format, no
larger than 81⁄2 by 11 inches, suitable for
copying and electronic filing. If you
submit them by mail and would like to
know that they reached the Facility,
please enclose a stamped, self-addressed
postcard or envelope.
The Coast Guard and OIRA will
consider all comments and material
received during the comment period.
We may change the documents
supporting this collection of
information or even the underlying
requirements in view of them.
Viewing comments and documents:
To view comments, as well as
documents mentioned in this notice as
sroberts on PROD1PC70 with NOTICES
SUPPLEMENTARY INFORMATION:
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being available in the docket, go to
https://dms.dot.gov at any time and
conduct a simple search using the
docket number. You may also visit the
Docket Management Facility in room
PL–401 on the Plaza level of the Nassif
Building, 400 Seventh Street, SW.,
Washington, DC, between 9 a.m. and 5
p.m., Monday through Friday, except
Federal holidays.
Privacy Act: Anyone can search the
electronic form of all comments
received in dockets by the name of the
individual submitting the comment (or
signing the comment, if submitted on
behalf of an association, business, labor
union, etc.). You may review the
Privacy Act Statement of DOT in the
Federal Register published on April 11,
2000 (65 FR 19477), or you may visit
https://dms.dot.gov.
Previous Request for Comments.
This request provides a 30-day
comment period required by OIRA. The
Coast Guard has already published the
60-day notice (71 FR 12378, March 10,
2006) required by 44 U.S.C. 3506(c)(2).
That notice elicited comments from a
firm that provides services in the
analysis and design of automotive and
marine products (‘‘industry’’), and from
a state environmental protection agency
(‘‘State agency’’). These comments
requested a substantive revision to the
CG–3865 report form.
The comments made
recommendations to enhance the
quality, utility and clarity of the
information that is subject to the
collection. Comments concerned the
terminology used in the current Coast
Guard Boating Accident Report Form
(CG–3865) lacks clarity to such an
extent, it likely makes it difficult for a
vessel operator/owner to complete the
form as required by 33 CFR 173.55. As
currently designed for use by ‘‘the
operator/owner of a vessel,’’ some
terminology used in the report form
could be unclear or unknown by the
reporting individual. Additionally, it
was stated that designing the accident
report form for an operator/owner while
at the same time taking into
consideration the use of the form by law
enforcement officials means the report
form has evolved into an instrument
that does not adequately address the
distinct needs and knowledge level of
law enforcement or the operator/owner.
We concur that some revisions are
needed to improve the CG–3865 report
form for accuracy and thoroughness of
the information subject to the collection
as prescribed by Federal regulations, but
we did not agree with all of the
suggested changes.
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Two issues related to potential
rulemaking arose during our review of
comments. First, the industry
commenter has recommended that we
amend the reporting provisions of 33
CFR 173.55(a) and (c) as soon a possible
to include law enforcement officers,
instead of just vessel operators or
owners, as persons who may complete
accident reports. We have treated this
portion of industry’s comment as a
petition for rulemaking and have
forwarded it to the Executive Secretary
of the Marine Safety and Security
Committee in accordance with 33 CFR
1.05–20, Petitions for rulemaking. We
only note here that § 173.55 identifies
who must submit—not who must
complete—the report.
Second, while examining the form in
response to comments, we noted a
requirement in paragraph (w) of 33 CFR
173.57 (Contents of Report).
Specifically, paragraph (w) requires the
collection of vessel beam width at
widest point and depth from transom to
keel. This information is not solicited by
the current form. Because it is required
by paragraph (w), we have added this
item to the revised form. We plan to reexamine this paragraph, particularly in
light of requirements for the display of
capacity information and a standard for
safe loading in 33 CFR part 183,
subparts B and C, respectively, to see if
a revision in this regulation is
warranted. The omission of this beam
and transom solicitation in the current
form may reflect that it has become
impractical to collect this information
from vessel operators/owners. After reexamining the usefulness of this
information, we may decide a
rulemaking is warranted to change the
underlying requirement in § 173.57, but
we can not eliminate the place to enter
this information on the CG–3865 report
form while this information is still
required.
In response to submitted comments,
the CG–3865 report form has been
revised to eliminate terms and data
elements where: (1) The practicality of
collecting the information from vessel
operators/owners is unrealistic and (2)
the information is of limited value in
supporting the strategies and objectives
of the national Recreational Boating
Safety (RBS) Program. The following is
a summary of comments submitted
within the scope of the solicitation that
pertain specifically to the information
collection request published in the
Federal Register (71 FR 12378) on
March 10, 2006.
Industry Comments
Comments submitted by industry
focused on the practical utility of the
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collection as well as ways to enhance
the quality and clarity of the
information subjected to collection. The
firm noted the current CG–3865 form
lacks not only clarity, but a definition of
terms which could make it difficult for
a vessel operator/owner to complete.
The firm also commented that we
should consult with their stakeholders
to correct the structural and content
deficiencies of the report form. We
concur with these comments and have
recently evaluated information captured
by the CG–3865 report form in
consultation with the National
Association of State Boating Law
Administrators (NASBLA). NASBLA is
comprised of Boating Law
Administrators (BLAs) representing the
fifty States, five U.S. Territories, and the
District of Columbia, who by regulation,
serve as the reporting authorities for
their respective jurisdiction.
We do not concur with the comment
that the CG–3865 report form is not in
compliance with 33 CFR 173.55 (a) and
(c). While appropriate State reporting
authorities may assist appropriate
individuals in the proper filing of the
report, the report form and manner of
reporting is in compliance with Federal
regulations.
We concur that the CG–3865 report
form includes technical information that
lacks clarity and definition of terms that
a lay person may not be able to respond
to in a manner as prescribed by
regulations. In response, we have made
substantive revisions to the CG–3865
report form in an attempt to capture
accurate information from individuals
who are required to file the report. For
example, the following terms have been
eliminated: ‘‘Inherently buoyant,’’
‘‘Tertiary,’’ ‘‘Whitewater boating,’’ ‘‘Offthrottle steering,’’ and ‘‘Runaway boat.’’
And explanatory text has been provided
for the following abbreviations: VSC
[vessel safety check], BUI [boating under
the influence], and PFD [personal
floatation device].
In response to the comment for
providing instructions for the vessel
operator/owner to describe information
for the overall accident as well as
information for the specific vessel they
were operating, we have included
explanatory text in the headings of each
section of the report form. Additionally,
the structure of the boating accident
report database file has been modified to
reflect the manner of reporting for the
overall accident as well as for the
specific vessel(s) involved in the
accident.
We appreciate the recommendations
submitted by industry for improving the
quality of data captured by the accident
report form. By revising the report form
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20:03 Dec 19, 2006
Jkt 211001
as recommended, we believe accident
data is more accurately reported and
subsequently captured in our boating
accident report database file at the
proper levels of causality and
description. We believe the data and
associated statistical information
generated by the revised form will better
show the factors—environmental,
operator, and vessel—associated with
boating accidents.
State Agency Comments
Comments submitted by the State
agency focused on modifying the CG–
3865 report form to clarify certain
information. In response to these State
agency comments:
1. We have modified the form to make
it evident the information is required by
the Coast Guard as prescribed by current
federal regulations. We include in our
explanatory text that State reporting
authorities may require reports
involving only damage to vessels and
other property that is less than $2,000.
2. We concur that the most important
information to collect regarding a VSC
is when the vessel has been involved in
an accident. The form has been
modified to capture whether the
respective vessels involved in accidents
had current VSC decals.
3. We have clarified that information
requested for a BUI arrest is specifically
for the vessel operator involvement in
the accident that is subject to the report,
and not in reference to any prior BUI
arrests.
4. Due to the limited practicality of
collecting accurate engine serial number
information from vessel operators/
owners, serial number information has
been eliminated from the revised CG–
3865 report form.
5. The term ‘‘cruising’’ remains in the
list of values associated with the
operation of the vessel at the time of the
accident.
6. The term ‘‘sudden medical
condition’’ (heart attack, stroke, etc.) has
been added to the list of contributing
factors for an accident.
7. ‘‘Auxiliary equipment failure’’ now
provides an example of such an
occurrence (e.g., generator failure).
8. The entire ‘‘Accident Descriptors’’
section has been eliminated. However,
‘‘collision with a commercial vessel’’
has been added to the list for ‘‘Types of
Accidents.’’
9. The section requesting the
‘‘estimated number of days the vessel
was used this year,’’ the ‘‘typical
number of hours the vessel was used
each day this year,’’ and the ‘‘typical
number of persons on board the vessel
used each day this year’’ has been
eliminated from the report form.
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76357
10. In regard to the section of the
report entitled, ‘‘Other People on Board
this Vessel,’’ we concur with the
removal of the last question asking for
information on whether operators of the
other vessels involved in the accident
completed their reports. Individuals
completing the form for their respective
vessel typically would not know that
same type of information for other
vessels involved in the accident. In
response, the ‘‘Other People on Board
this Vessel’’ section has been
eliminated.
11. In the section entitled ‘‘Witnesses
not on this Vessel,’’ we have modified
the title to include witnesses for the
overall accident. We have also corrected
the spelling of the word ‘‘separate.’’
12. In the section entitled ‘‘For
Agency Use Only,’’ we have modified
the form to capture the primary and
secondary causes of the accident in the
opinion of the reviewing official.
13. In the section entitled ‘‘Person
Completing the Report,’’ we have
included a response for ‘‘Other’’ so the
respondent is able to indicate who is
submitting the report in case the
operator and owner are unable to submit
the report as required. In many of these
cases, state reporting authority
personnel (e.g., investigator) complete
the CG–3865 report form to the best of
their ability and submit the data to the
Coast Guard.
14. The term ‘‘Bruise’’ has been
placed in parentheses next to the term
‘‘ABRASION/CONTUSION.’’
15. The term ‘‘Heart Attack’’ has been
added to the list of types of injuries and
the term ‘‘Other’’ has been added to the
list of injury causes in the subsection
entitled ‘‘Injury Caused By.’’
16. ‘‘Victim Activity at the Time of
the Accident’’ has been modified to be
consistent in both the Non-Fatal Injury
and Deceased sections of the report
form. Since the term ‘‘Cruising’’ is
appropriately designated as a vessel
operation, it will remain listed as an
‘‘Operation at the Time of the
Accident.’’
We appreciate the comments
submitted by the State agency in
clarifying the type of information to be
submitted by vessel operators/owners
using the CG–3865 report form.
Information Collection Request
Title: Coast Guard Boating Accident
Report Form (CG–3865).
OMB Control Number: 1625–0003.
Type of Request: Extension of a
currently approved collection.
Affected Public: Operators of vessels
that are being used for recreational
purposes or those vessels that are
required to be numbered, when as a
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Federal Register / Vol. 71, No. 244 / Wednesday, December 20, 2006 / Notices
result of an occurrence that involves the
vessel or its equipment if any one of the
following occurs: (1) A person dies; (2)
A person is injured and requires
medical treatment beyond first aid; (3)
Damage to vessels and other property
totals $2,000 or more or there is a
complete loss of any vessel; or (4) A
person disappears from the vessel under
circumstances that indicate death or
injury. The owner of the vessel shall be
the respondent when the operator is
unable to serve as such.
Forms: CG–3865.
Abstract: Under the authority of Title
46 U.S.C., including 46 U.S.C. 6102 and
6307, the Coast Guard has been
delegated the responsibility to collect,
analyze, and publish statistical
information obtained from recreational
boat numbering and casualty reporting
systems. Information collected from
Coast Guard Boating Accident Report
Form (CG–3865) enables the Coast
Guard to fulfill this statutory
requirement.
Burden Estimate: The estimated
burden has decreased from 3,250 hours
to 2,500 hours a year.
Dated: December 13, 2006.
R.T. Hewitt,
Rear Admiral, Assistant Commandant for
Command, Control, Communications,
Computers and Information Technology.
[FR Doc. E6–21644 Filed 12–19–06; 8:45 am]
BILLING CODE 4910–15–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
[USCG–2006–26521]
Random Drug Testing Rate for
Covered Crewmembers
Coast Guard, DHS.
Notice of minimum random
drug testing rate.
AGENCY:
sroberts on PROD1PC70 with NOTICES
ACTION:
SUMMARY: The Coast Guard has set the
calendar year 2007 minimum random
drug testing rate at 50 percent of
covered crewmembers.
DATES: The minimum random drug
testing rate is effective January 1, 2007
through December 31, 2007. Marine
employers must submit their 2006
Management Information System (MIS)
reports no later than March 15, 2007.
ADDRESSES: Annual MIS reports may be
submitted in writing to Commandant
(CG–3PCA), U.S. Coast Guard
Headquarters, 2100 Second Street, SW.,
Room 2404, Washington, DC 20593–
0001 or by electronic submission to the
following Internet address: https://
www.uscg.mil/hq/g-m/moa/dapip.htm.
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Jkt 211001
For
questions about this notice, please
contact Mr. Robert C. Schoening, Drug
and Alcohol Program Manager, Office of
Investigations and Analysis (CG–3PCA),
U.S. Coast Guard Headquarters,
telephone 202–372–1033. If you have
questions on viewing the docket, call
Renee V. Wright, Program Manager,
Dockets Operations, Department of
Transportation, telephone 202–366–
0402.
FOR FURTHER INFORMATION CONTACT:
Under 46
CFR 16.230, the Coast Guard requires
marine employers to establish random
drug testing programs for covered
crewmembers on inspected and
uninspected vessels.
Every marine employer is required to
collect and maintain a record of drug
testing program data for each calendar
year, and submit this data by 15 March
of the following year to the Coast Guard
in an annual MIS report. Marine
employers may either submit their own
MIS reports or have a consortium or
other employer representative submit
the data in a consolidated MIS report.
The purpose of setting a minimum
random drug testing rate is to assist the
Coast Guard in analyzing its current
approach for deterring and detecting
illegal drug abuse in the maritime
industry. The testing rate for calendar
year 2006 is 50 percent.
The Coast Guard may lower this rate
if, for two consecutive years, the drug
test positive rate is less than 1.0 percent,
in accordance with 46 CFR 16.230(f)(2).
Since 2005 MIS data indicates that the
positive rate is greater than one percent
industry-wide (1.45 percent), the Coast
Guard announces that the minimum
random drug testing rate will continue
at 50 percent of covered employees for
the period of January 1, 2007 through
December 31, 2007 in accordance with
46 CFR 16.230(e).
Each year, the Coast Guard will
publish a notice reporting the results of
random drug testing for the previous
calendar year’s MIS data and the
minimum annual percentage rate for
random drug testing for the next
calendar year.
SUPPLEMENTARY INFORMATION:
Dated: December 13, 2006.
C.E. Bone,
Rear Admiral, U.S. Coast Guard, Assistant
Commandant for Prevention.
[FR Doc. E6–21649 Filed 12–19–06; 8:45 am]
BILLING CODE 4910–15–P
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DEPARTMENT OF HOUSING AND
URBAN DEVELOPMENT
[Docket No. FR–5044–N–23]
Notice of Proposed Information
Collection for Public Comment for
Housing Choice Voucher (HCV) Family
Self-Sufficiency (FSS) Program
Office of the Assistant
Secretary for Public and Indian
Housing, HUD.
ACTION: Notice.
AGENCY:
SUMMARY: The proposed information
collection requirement described below
will be submitted to the Office of
Management and Budget (OMB) for
review, as required by the Paperwork
Reduction Act. The Department is
soliciting public comments on the
subject proposal.
DATES: Comments Due Date: February
20, 2007.
ADDRESSES: Interested persons are
invited to submit comments regarding
this proposal. Comments should refer to
the proposal by name and or OMB
Control number and should be sent to:
Aneita Waites, Reports Liaison Officer,
Public and Indian Housing, Department
of Housing and Urban Development,
451 7th Street, SW. Room 4116,
Washington, DC 20410. Interested
persons are invited to submit comments
regarding this proposal.
FOR FURTHER INFORMATION CONTACT:
Aneita L. Waites, (202) 708–0614,
extension 4114. (This is not a toll-free
number). For hearing- and speechimpaired persons, this telephone
number may be accessed via TTY (text
telephone) by calling the Federal
Information Relay Services at 1–800–
877–8339 (toll-free).
SUPPLEMENTARY INFORMATION: The
Department will submit the proposed
information collection to OMB for
review, as required by the Paperwork
Reduction Act of 1995 (44 U.S.C.
Chapter 35, as amended).
This notice is soliciting comments
from members of the public and affected
agencies concerning the proposed
collection of information to: (1) 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;
(2) evaluate the accuracy of the agency’s
estimate of the burden of the proposed
collection of information; (3) enhance
the quality, utility, and clarity of the
information to be collected; and (4)
minimize the burden of the collection of
information on those who are to
respond; including through the use of
E:\FR\FM\20DEN1.SGM
20DEN1
Agencies
[Federal Register Volume 71, Number 244 (Wednesday, December 20, 2006)]
[Notices]
[Pages 76355-76358]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-21644]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
[USCG-2006-24068]
Collection of Information Under Review by Office of Management
and Budget: OMB Control Numbers: 1625-0003
AGENCY: Coast Guard, DHS.
ACTION: Request for comments.
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SUMMARY: In compliance with the Paperwork Reduction Act of 1995, this
request for comments announces that the Coast Guard is forwarding an
Information Collection Request (ICR), abstracted below, to the Office
of Information and Regulatory Affairs (OIRA) of the Office of
Management and Budget (OMB) to request an extension of their approval
of the following collection of information. The ICR is 1625-0003, Coast
Guard Boating Accident Report Form (CG-3865). Our ICR describes the
information we seek to collect from the public. Review and comments by
OIRA ensures that we impose only paperwork burdens commensurate with
our performance of duties.
DATES: Please submit comments on or before January 19, 2007.
ADDRESSES: To make sure that your comments and related material do not
reach the docket [USCG-2006-24068] or OIRA more than once, please
submit them by only one of the following means:
(1)(a) By mail to the Docket Management Facility, U.S. Department
of Transportation (DOT), room PL-401, 400 Seventh Street, SW.,
Washington, DC 20590-0001. (b) By mail to OIRA, 725 17th Street, NW.,
Washington, DC 20503, to the attention of the Desk Officer for the
Coast Guard.
(2)(a) By delivery to room PL-401 at the address given in paragraph
(1)(a) above, between 9 a.m. and 5 p.m., Monday through Friday, except
Federal holidays. The telephone number is (202) 366-9329. (b) By
delivery to OIRA, at the address given in paragraph (1)(b) above, to
the attention of the Desk Officer for the Coast Guard.
(3) By fax to (a) the Facility at (202) 493-2298 or by contacting
(b) OIRA at (202) 395-6566. To ensure your comments are received in
time, mark the fax to the attention of Mr. Nathan Lesser, Desk officer
for the Coast Guard.
(4)(a) Electronically through the Web site for the Docket
Management System (DMS) at https://dms.dot.gov. (b) By e-mail to
nlesser@omb.eop.gov.
The Docket Management Facility maintains the public docket for this
notice. Comments and material received from the public, as well as
documents mentioned in this notice as being available in the docket,
will become part of this docket and will be available for inspection or
copying at room PL-401 on the Plaza level of the Nassif Building, 400
Seventh Street, SW., Washington, DC, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays. You may also find this docket
on the Internet at https://dms.dot.gov.
Copies of the complete ICRs are available through this docket on
the Internet at https://dms.dot.gov, and also from Commandant (CG-611),
U.S. Coast Guard Headquarters, room 1236 (Attn: Mr. Arthur Requina),
2100 2nd Street, SW., Washington, DC 20593-0001. The telephone number
is (202) 475-3523.
FOR FURTHER INFORMATION CONTACT: Mr. Arthur Requina, Office of
Information Management, telephone (202) 475-3523 or fax (202) 475-3929,
for questions on these documents; or Ms. Renee V. Wright, Program
Manager, Docket Operations, (202) 493-0402, for questions on the
docket.
[[Page 76356]]
SUPPLEMENTARY INFORMATION: The Coast Guard invites comments on the
proposed collection of information to determine whether the collection
is necessary for the proper performance of the functions of the
Department. In particular, the Coast Guard would appreciate comments
addressing: (1) The practical utility of the collections; (2) the
accuracy of the estimated burden of the collections; (3) ways to
enhance the quality, utility, and clarity of the information that is
the subject of the collections; and (4) ways to minimize the burden of
collections on respondents, including the use of automated collection
techniques or other forms of information technology.
Comments to DMS or OIRA must contain the OMB Control Number of the
ICRs addressed. Comments to DMS must contain the docket number of this
request, [USCG 2006-24068]. For your comments to OIRA to be considered,
it is best if OIRA receives them on or before the January 19, 2007.
Public participation and request for comments: We encourage you to
respond to this request for comments by submitting comments and related
materials. We will post all comments received, without change, to
https://dms.dot.gov, they will include any personal information you have
provided. We have an agreement with DOT to use their Docket Management
Facility. Please see the paragraph on DOT's ``Privacy Act Policy''
below.
Submitting comments: If you submit a comment, please include your
name and address, identify the docket number for this request for
comment [USCG-2006-24068], indicate the specific section of this
document or the ICR to which each comment applies, and give the reason
for each comment. You may submit your comments and material by
electronic means, mail, fax, or delivery to the Docket Management
Facility at the address under ADDRESSES, but please submit them by only
one means. If you submit them by mail or delivery, submit them in an
unbound format, no larger than 8\1/2\ by 11 inches, suitable for
copying and electronic filing. If you submit them by mail and would
like to know that they reached the Facility, please enclose a stamped,
self-addressed postcard or envelope.
The Coast Guard and OIRA will consider all comments and material
received during the comment period. We may change the documents
supporting this collection of information or even the underlying
requirements in view of them.
Viewing comments and documents: To view comments, as well as
documents mentioned in this notice as being available in the docket, go
to https://dms.dot.gov at any time and conduct a simple search using the
docket number. You may also visit the Docket Management Facility in
room PL-401 on the Plaza level of the Nassif Building, 400 Seventh
Street, SW., Washington, DC, between 9 a.m. and 5 p.m., Monday through
Friday, except Federal holidays.
Privacy Act: Anyone can search the electronic form of all comments
received in dockets by the name of the individual submitting the
comment (or signing the comment, if submitted on behalf of an
association, business, labor union, etc.). You may review the Privacy
Act Statement of DOT in the Federal Register published on April 11,
2000 (65 FR 19477), or you may visit https://dms.dot.gov.
Previous Request for Comments.
This request provides a 30-day comment period required by OIRA. The
Coast Guard has already published the 60-day notice (71 FR 12378, March
10, 2006) required by 44 U.S.C. 3506(c)(2). That notice elicited
comments from a firm that provides services in the analysis and design
of automotive and marine products (``industry''), and from a state
environmental protection agency (``State agency''). These comments
requested a substantive revision to the CG-3865 report form.
The comments made recommendations to enhance the quality, utility
and clarity of the information that is subject to the collection.
Comments concerned the terminology used in the current Coast Guard
Boating Accident Report Form (CG-3865) lacks clarity to such an extent,
it likely makes it difficult for a vessel operator/owner to complete
the form as required by 33 CFR 173.55. As currently designed for use by
``the operator/owner of a vessel,'' some terminology used in the report
form could be unclear or unknown by the reporting individual.
Additionally, it was stated that designing the accident report form for
an operator/owner while at the same time taking into consideration the
use of the form by law enforcement officials means the report form has
evolved into an instrument that does not adequately address the
distinct needs and knowledge level of law enforcement or the operator/
owner. We concur that some revisions are needed to improve the CG-3865
report form for accuracy and thoroughness of the information subject to
the collection as prescribed by Federal regulations, but we did not
agree with all of the suggested changes.
Two issues related to potential rulemaking arose during our review
of comments. First, the industry commenter has recommended that we
amend the reporting provisions of 33 CFR 173.55(a) and (c) as soon a
possible to include law enforcement officers, instead of just vessel
operators or owners, as persons who may complete accident reports. We
have treated this portion of industry's comment as a petition for
rulemaking and have forwarded it to the Executive Secretary of the
Marine Safety and Security Committee in accordance with 33 CFR 1.05-20,
Petitions for rulemaking. We only note here that Sec. 173.55
identifies who must submit--not who must complete--the report.
Second, while examining the form in response to comments, we noted
a requirement in paragraph (w) of 33 CFR 173.57 (Contents of Report).
Specifically, paragraph (w) requires the collection of vessel beam
width at widest point and depth from transom to keel. This information
is not solicited by the current form. Because it is required by
paragraph (w), we have added this item to the revised form. We plan to
re-examine this paragraph, particularly in light of requirements for
the display of capacity information and a standard for safe loading in
33 CFR part 183, subparts B and C, respectively, to see if a revision
in this regulation is warranted. The omission of this beam and transom
solicitation in the current form may reflect that it has become
impractical to collect this information from vessel operators/owners.
After re-examining the usefulness of this information, we may decide a
rulemaking is warranted to change the underlying requirement in Sec.
173.57, but we can not eliminate the place to enter this information on
the CG-3865 report form while this information is still required.
In response to submitted comments, the CG-3865 report form has been
revised to eliminate terms and data elements where: (1) The
practicality of collecting the information from vessel operators/owners
is unrealistic and (2) the information is of limited value in
supporting the strategies and objectives of the national Recreational
Boating Safety (RBS) Program. The following is a summary of comments
submitted within the scope of the solicitation that pertain
specifically to the information collection request published in the
Federal Register (71 FR 12378) on March 10, 2006.
Industry Comments
Comments submitted by industry focused on the practical utility of
the
[[Page 76357]]
collection as well as ways to enhance the quality and clarity of the
information subjected to collection. The firm noted the current CG-3865
form lacks not only clarity, but a definition of terms which could make
it difficult for a vessel operator/owner to complete. The firm also
commented that we should consult with their stakeholders to correct the
structural and content deficiencies of the report form. We concur with
these comments and have recently evaluated information captured by the
CG-3865 report form in consultation with the National Association of
State Boating Law Administrators (NASBLA). NASBLA is comprised of
Boating Law Administrators (BLAs) representing the fifty States, five
U.S. Territories, and the District of Columbia, who by regulation,
serve as the reporting authorities for their respective jurisdiction.
We do not concur with the comment that the CG-3865 report form is
not in compliance with 33 CFR 173.55 (a) and (c). While appropriate
State reporting authorities may assist appropriate individuals in the
proper filing of the report, the report form and manner of reporting is
in compliance with Federal regulations.
We concur that the CG-3865 report form includes technical
information that lacks clarity and definition of terms that a lay
person may not be able to respond to in a manner as prescribed by
regulations. In response, we have made substantive revisions to the CG-
3865 report form in an attempt to capture accurate information from
individuals who are required to file the report. For example, the
following terms have been eliminated: ``Inherently buoyant,''
``Tertiary,'' ``Whitewater boating,'' ``Off-throttle steering,'' and
``Runaway boat.'' And explanatory text has been provided for the
following abbreviations: VSC [vessel safety check], BUI [boating under
the influence], and PFD [personal floatation device].
In response to the comment for providing instructions for the
vessel operator/owner to describe information for the overall accident
as well as information for the specific vessel they were operating, we
have included explanatory text in the headings of each section of the
report form. Additionally, the structure of the boating accident report
database file has been modified to reflect the manner of reporting for
the overall accident as well as for the specific vessel(s) involved in
the accident.
We appreciate the recommendations submitted by industry for
improving the quality of data captured by the accident report form. By
revising the report form as recommended, we believe accident data is
more accurately reported and subsequently captured in our boating
accident report database file at the proper levels of causality and
description. We believe the data and associated statistical information
generated by the revised form will better show the factors--
environmental, operator, and vessel--associated with boating accidents.
State Agency Comments
Comments submitted by the State agency focused on modifying the CG-
3865 report form to clarify certain information. In response to these
State agency comments:
1. We have modified the form to make it evident the information is
required by the Coast Guard as prescribed by current federal
regulations. We include in our explanatory text that State reporting
authorities may require reports involving only damage to vessels and
other property that is less than $2,000.
2. We concur that the most important information to collect
regarding a VSC is when the vessel has been involved in an accident.
The form has been modified to capture whether the respective vessels
involved in accidents had current VSC decals.
3. We have clarified that information requested for a BUI arrest is
specifically for the vessel operator involvement in the accident that
is subject to the report, and not in reference to any prior BUI
arrests.
4. Due to the limited practicality of collecting accurate engine
serial number information from vessel operators/owners, serial number
information has been eliminated from the revised CG-3865 report form.
5. The term ``cruising'' remains in the list of values associated
with the operation of the vessel at the time of the accident.
6. The term ``sudden medical condition'' (heart attack, stroke,
etc.) has been added to the list of contributing factors for an
accident.
7. ``Auxiliary equipment failure'' now provides an example of such
an occurrence (e.g., generator failure).
8. The entire ``Accident Descriptors'' section has been eliminated.
However, ``collision with a commercial vessel'' has been added to the
list for ``Types of Accidents.''
9. The section requesting the ``estimated number of days the vessel
was used this year,'' the ``typical number of hours the vessel was used
each day this year,'' and the ``typical number of persons on board the
vessel used each day this year'' has been eliminated from the report
form.
10. In regard to the section of the report entitled, ``Other People
on Board this Vessel,'' we concur with the removal of the last question
asking for information on whether operators of the other vessels
involved in the accident completed their reports. Individuals
completing the form for their respective vessel typically would not
know that same type of information for other vessels involved in the
accident. In response, the ``Other People on Board this Vessel''
section has been eliminated.
11. In the section entitled ``Witnesses not on this Vessel,'' we
have modified the title to include witnesses for the overall accident.
We have also corrected the spelling of the word ``separate.''
12. In the section entitled ``For Agency Use Only,'' we have
modified the form to capture the primary and secondary causes of the
accident in the opinion of the reviewing official.
13. In the section entitled ``Person Completing the Report,'' we
have included a response for ``Other'' so the respondent is able to
indicate who is submitting the report in case the operator and owner
are unable to submit the report as required. In many of these cases,
state reporting authority personnel (e.g., investigator) complete the
CG-3865 report form to the best of their ability and submit the data to
the Coast Guard.
14. The term ``Bruise'' has been placed in parentheses next to the
term ``ABRASION/CONTUSION.''
15. The term ``Heart Attack'' has been added to the list of types
of injuries and the term ``Other'' has been added to the list of injury
causes in the subsection entitled ``Injury Caused By.''
16. ``Victim Activity at the Time of the Accident'' has been
modified to be consistent in both the Non-Fatal Injury and Deceased
sections of the report form. Since the term ``Cruising'' is
appropriately designated as a vessel operation, it will remain listed
as an ``Operation at the Time of the Accident.''
We appreciate the comments submitted by the State agency in
clarifying the type of information to be submitted by vessel operators/
owners using the CG-3865 report form.
Information Collection Request
Title: Coast Guard Boating Accident Report Form (CG-3865).
OMB Control Number: 1625-0003.
Type of Request: Extension of a currently approved collection.
Affected Public: Operators of vessels that are being used for
recreational purposes or those vessels that are required to be
numbered, when as a
[[Page 76358]]
result of an occurrence that involves the vessel or its equipment if
any one of the following occurs: (1) A person dies; (2) A person is
injured and requires medical treatment beyond first aid; (3) Damage to
vessels and other property totals $2,000 or more or there is a complete
loss of any vessel; or (4) A person disappears from the vessel under
circumstances that indicate death or injury. The owner of the vessel
shall be the respondent when the operator is unable to serve as such.
Forms: CG-3865.
Abstract: Under the authority of Title 46 U.S.C., including 46
U.S.C. 6102 and 6307, the Coast Guard has been delegated the
responsibility to collect, analyze, and publish statistical information
obtained from recreational boat numbering and casualty reporting
systems. Information collected from Coast Guard Boating Accident Report
Form (CG-3865) enables the Coast Guard to fulfill this statutory
requirement.
Burden Estimate: The estimated burden has decreased from 3,250
hours to 2,500 hours a year.
Dated: December 13, 2006.
R.T. Hewitt,
Rear Admiral, Assistant Commandant for Command, Control,
Communications, Computers and Information Technology.
[FR Doc. E6-21644 Filed 12-19-06; 8:45 am]
BILLING CODE 4910-15-P