1625-0003 30 Day Notice

[Federal Register: December 20, 2006 (Volume 71, Number 244)]

[Notices]

[Page 76355-76358]

From the Federal Register Online via GPO Access [wais.access.gpo.gov]

[DOCID:fr20de06-118]

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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 http://dms.dot.gov. (b) By e-mail to

[email protected].

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 http://dms.dot.gov.

Copies of the complete ICRs are available through this docket on

the Internet at http://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

http://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 http://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 http://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]

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