Agency Information Collection Activities; Proposed eCollection eComments Requested; A Newly Approved Data Collection National Use-of-Force Data Collection, 96519-96521 [2016-31697]
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Federal Register / Vol. 81, No. 251 / Friday, December 30, 2016 / Notices
appropriate automated, electronic,
mechanical, or other technological
collection techniques or other forms
of information technology, e.g.,
permitting electronic submission of
responses.
srobinson on DSK5SPTVN1PROD with NOTICES
Overview of This Information
Collection
1. Type of Information Collection:
Extension of a currently approved
collection.
2. The Title of the Form/Collection:
Procedures for the Administration of
Section 5 of the Voting Rights Act of
1965.
3. The agency form number, if any,
and the applicable component of the
Department sponsoring the collection:
None (Civil Rights Division).
4. Affected public who will be asked
or required to respond, as well as a brief
abstract: Primary respondents: State,
Local, or Tribal Government. Other:
None. Abstract: Jurisdictions specially
covered under the Voting Rights Act are
required to comply with Sections 3 or
5 of the Act before they may implement
any change in a standard, practice, or
procedure affecting voting. One option
for such compliance is to submit that
change to Attorney General for review
and establish that the proposed voting
changes are not racially discriminatory.
The procedures facilitate the provision
of information that will enable the
Attorney General to make the required
determination.
5. An estimate of the total number of
respondents and the amount of time
estimated for an average respondent to
respond: It is estimated that 1
respondent will complete each form
within approximately 3.0 hours.
6. An estimate of the total public
burden (in hours) associated with the
collection: The estimated public burden
associated with this collection is 3.0
total hours.
If additional information is required
contact: Melody D. Braswell,
Department Clearance Officer, United
States Department of Justice, Justice
Management Division, Policy and
Planning Staff, Two Constitution
Square, 145 N Street NE., 3E.405A,
Washington, DC 20530.
Dated: December 27, 2016.
Melody D. Braswell,
Department Clearance Officer for PRA, U.S.
Department of Justice.
[FR Doc. 2016–31691 Filed 12–29–16; 8:45 am]
BILLING CODE 4410–13–P
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96519
Federal Bureau of
Investigation, Department of Justice.
ACTION: 30-Day notice.
—Enhance the quality, utility, and
clarity of the information to be
collected; and/or
—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.
The Department of Justice,
Federal Bureau of Investigation,
Criminal Justice Information Services
Division (CJIS) has submitted the
following Information Collection
Request to the Office of Management
and Budget (OMB) for review and
clearance in accordance with the
established review procedures of the
Paperwork Reduction Act of 1995. The
proposed information collection is
published to obtain comments from the
public and affected agencies. This
proposed information collection was
previously published in the Federal
Register on October 5, 2016, Volume 81,
Number 193, Pages 69084–69087
allowing for a 60-day comment period.
DATES: Comments are encouraged and
will be accepted for an additional days
until January 30, 2017.
FOR FURTHER INFORMATION CONTACT: To
ensure that comments on the
information collection are received,
OMB recommends that written
comments be emailed to useofforce
publicnotice@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 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;
Overview of This Information
Collection
1. Type of Information Collection:
New collection.
2. The Title of the Form/Collection:
National Use-of-Force Data Collection.
3. The agency form number: 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:
Primary: Local, state, tribal, and
federal law enforcement agencies.
Other: Local, state, tribal, and federal
government.
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
DEPARTMENT OF JUSTICE
[OMB Number 1110–0057]
Agency Information Collection
Activities; Proposed eCollection
eComments Requested; A Newly
Approved Data Collection National
Use-of-Force Data Collection
AGENCY:
SUMMARY:
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Federal Register / Vol. 81, No. 251 / Friday, December 30, 2016 / Notices
srobinson on DSK5SPTVN1PROD with NOTICES
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 were conducted
prior to the initiation of a pilot study
and allowed for finalization of the data
collection instructions and associated
instructions before the pilot data
collection. These activities provided the
preliminary information needed to both
construct the sample of targeted
agencies for the pilot study and identify
early problem areas that could be
resolved prior to formal testing. The
pretesting consisted of three parts:
Cognitive testing of survey items
(including those relating to the time of
the incident and measures of serious
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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 was conducted in a manner to
capture differences in measurement by
region and law enforcement agency
type, should they exist. Testing of
questionnaire design includes follow-up
with respondents to assess any
difficulty with definitions or
administration. Canvassing state UCR
programs indicates 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
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
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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
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Federal Register / Vol. 81, No. 251 / Friday, December 30, 2016 / Notices
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
Annual rate per officer
Timeframe
Pilot I (3 months) ...................
Pilot II (3 months) ..................
Pilot Total (6 months) ............
Reporting group
Approximate
number of
officers
Large agencies ......................
Pilot I States ..........................
Large agencies ......................
Pilot I & II States ...................
— ...........................................
Estimated number of
incidents
Estimated burden hours
Maximum
Minimum
Maximum
(3 mos)
Minimum
(3 mos)
Estimated
burden
hours per
incident
0.112
0.112
0.112
0.112
—
0.012
0.012
0.012
0.012
—
5,000
1,534
5,000
2,300
13,834
536
165
554
247
1,502
0.63
0.63
0.63
0.63
0.63
3,150
966
3,150
6,140
13,406
338
104
349
156
947
178,557
54,781
178,557
82,172
—
Maximum
Minimum
Estimated Burden for All Law Enforcement Agencies in Annual Collection
Approximate
number of
officers
Timeframe
Reporting group
Collection (Annual) ................
All agencies ...........................
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: December 27, 2016.
Melody Braswell,
Department Clearance Officer for PRA, U.S.
Department of Justice.
[FR Doc. 2016–31697 Filed 12–29–16; 8:45 am]
BILLING CODE 4410–02–P
Maximum
Minimum
Maximum
Minimum
Estimated
burden
hours per
incident
Maximum
Minimum
0.112
0.012
83,200
8,700
0.63
52,416
5,481
701,486
required by the passage and
implementation of provisions of the
federal Cybersecurity Enhancement Act
of 2015, which requires the Secretary of
the Department of Homeland Security
(DHS) to provide Federal civilian
agencies’ information technology
systems with cybersecurity protection
for their Internet traffic. More details on
this announcement are presented in the
SUPPLEMENTARY INFORMATION section
below.
These revisions become effective
on December 30, 2016.
DATES:
DEPARTMENT OF JUSTICE
Questions about this notice
should be addressed to the Bureau of
Justice Statistics, Office of Justice
Programs, U.S. Department of Justice,
ATTN: Allina Lee, 810 7th Street NW.,
Washington, DC 20151.
ADDRESSES:
Office of Justice Programs
[OMB Number 1121–NEW]
BJS Confidentiality Pledge Revision
Notice
FOR FURTHER INFORMATION CONTACT:
Bureau of Justice Statistics,
Justice.
ACTION: 30-Day notice.
srobinson on DSK5SPTVN1PROD with NOTICES
AGENCY:
The Bureau of Justice
Statistics (BJS), a component of the
Office of Justice Programs (OJP) in the
U.S. Department of Justice (DOJ), is
announcing revisions to the
confidentiality pledge(s) it provides to
its respondents. These revisions are
SUMMARY:
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19:18 Dec 29, 2016
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Allina Lee by telephone at 202–305–
0765 (this is not a toll-free number); by
email at Allina.Lee@usdoj.gov; or by
mail or courier to the Bureau of Justice
Statistics, Office of Justice Programs,
U.S. Department of Justice, ATTN:
Allina Lee, 810 7th Street NW.,
Washington, DC 20151. Because of
delays in the receipt of regular mail
related to security screening,
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respondents are encouraged to use
electronic communications.
Federal
statistics provide key information that
the Nation uses to measure its
performance and make informed
choices about budgets, employment,
health, investments, taxes, and a host of
other significant topics. Most federal
surveys are completed on a voluntary
basis. Respondents, ranging from
businesses to households to institutions,
may choose whether or not to provide
the requested information. Many of the
most valuable federal statistics come
from surveys that ask for highly
sensitive information such as
proprietary business data from
companies or particularly personal
information or practices from
individuals. BJS protects all data
collected under its authority under the
confidentiality provisions of 42 U.S.C.
3789g. Strong and trusted
confidentiality and exclusively
statistical use pledges under Title 42
U.S.C. 3789g and similar statutes are
effective and necessary in honoring the
trust that businesses, individuals, and
institutions, by their responses, place in
statistical agencies.
SUPPLEMENTARY INFORMATION:
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[Federal Register Volume 81, Number 251 (Friday, December 30, 2016)]
[Notices]
[Pages 96519-96521]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-31697]
-----------------------------------------------------------------------
DEPARTMENT OF JUSTICE
[OMB Number 1110-0057]
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: 30-Day notice.
-----------------------------------------------------------------------
SUMMARY: The Department of Justice, Federal Bureau of Investigation,
Criminal Justice Information Services Division (CJIS) has submitted the
following Information Collection Request to the Office of Management
and Budget (OMB) for review and clearance in accordance with the
established review procedures of the Paperwork Reduction Act of 1995.
The proposed information collection is published to obtain comments
from the public and affected agencies. This proposed information
collection was previously published in the Federal Register on October
5, 2016, Volume 81, Number 193, Pages 69084-69087 allowing for a 60-day
comment period.
DATES: Comments are encouraged and will be accepted for an additional
days until January 30, 2017.
FOR FURTHER INFORMATION CONTACT: To ensure that comments on the
information collection are received, 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 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/or
--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: New collection.
2. The Title of the Form/Collection: National Use-of-Force Data
Collection.
3. The agency form number: 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:
Primary: Local, state, tribal, and federal law enforcement
agencies.
Other: Local, state, tribal, and federal government.
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
[[Page 96520]]
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 were conducted prior to the initiation of a
pilot study and allowed for finalization of the data collection
instructions and associated instructions before the pilot data
collection. These activities provided the preliminary information
needed to both construct the sample of targeted agencies for the pilot
study and identify early problem areas that could be resolved prior to
formal testing. The pretesting consisted 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 was conducted
in a manner to capture differences in measurement by region and law
enforcement agency type, should they exist. Testing of questionnaire
design includes follow-up with respondents to assess any difficulty
with definitions or administration. Canvassing state UCR programs
indicates 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 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
[[Page 96521]]
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
--------------------------------------------------------------------------------------------------------------------------------------------------------
Annual rate per officer Estimated number of Estimated burden hours
-------------------------------------- incidents --------------------------------
---------------------- Estimated
Timeframe Reporting group Approximate burden
number of Maximum Minimum Maximum Minimum hours per Maximum Minimum
officers (3 mos) (3 mos) incident
--------------------------------------------------------------------------------------------------------------------------------------------------------
Pilot I (3 months)................. Large agencies........ 178,557 0.112 0.012 5,000 536 0.63 3,150 338
Pilot I States........ 54,781 0.112 0.012 1,534 165 0.63 966 104
Pilot II (3 months)................ Large agencies........ 178,557 0.112 0.012 5,000 554 0.63 3,150 349
Pilot I & II States... 82,172 0.112 0.012 2,300 247 0.63 6,140 156
Pilot Total (6 months)............. -- -- -- -- 13,834 1,502 0.63 13,406 947
--------------------------------------------------------------------------------------------------------------------------------------------------------
Estimated Burden for All Law Enforcement Agencies in Annual Collection
--------------------------------------------------------------------------------------------------------------------------------------------------------
Estimated
Approximate burden
Timeframe Reporting group number of Maximum Minimum Maximum Minimum hours per Maximum Minimum
officers incident
--------------------------------------------------------------------------------------------------------------------------------------------------------
Collection (Annual)................ All agencies.......... 701,486 0.112 0.012 83,200 8,700 0.63 52,416 5,481
--------------------------------------------------------------------------------------------------------------------------------------------------------
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: December 27, 2016.
Melody Braswell,
Department Clearance Officer for PRA, U.S. Department of Justice.
[FR Doc. 2016-31697 Filed 12-29-16; 8:45 am]
BILLING CODE 4410-02-P
