30 Day FRN

[Federal Register: February 6, 2008 (Volume 73, Number 25)]

[Notices]

[Page 6985-6988]

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

[DOCID:fr06fe08-76]

=======================================================================

-----------------------------------------------------------------------

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

[USCG-2007-0008]

Collection of Information Under Review by Office of Management

and Budget: OMB Control Number: 1625-0003

AGENCY: Coast Guard, DHS.

ACTION: Thirty-day notice requesting comments.

-----------------------------------------------------------------------

SUMMARY: In compliance with the Paperwork Reduction Act of 1995, this

request for comments announces that the U.S. 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) requesting a revision of their approval for

the following collection of information: 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 ensure we

only impose paperwork burdens commensurate with our performance of

duties.

DATES: Please submit comments on or before March 7, 2008.

ADDRESSES: To prevent duplicate submissions to the docket [USCG-2007-

0008] or OIRA, please submit your comments and related material by only

one of the following means:

(1) Electronic submission. (a) To Coast Guard docket at http://www.regulations.gov.

(b) To OIRA by e-mail to: [email protected].

(2) Mail or Hand delivery. (a) To Docket Management Facility (DMF)

(M-30), U.S. Department of Transportation, West Building Ground Floor,

Room W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590-0001.

Hand deliver between the hours of 9 a.m. and 5 p.m., Monday through

Friday, except Federal holidays. The telephone number is 202-366-9329.

(b) To OIRA, 725 17th Street NW., Washington, DC 20503, to the

attention of the Desk Officer for the Coast Guard.

(3) Fax. (a) To DMF at 202-493-2251 (b) To: 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.

The DMF 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

[[Page 6986]]

become part of this docket and will be available for inspection or

copying at Room W12-140 on the West Building Ground Floor, 1200 New

Jersey Avenue SE., 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://www.regulations.gov.

A copy of the complete ICR is available through this docket on the

Internet at http://www.regulations.gov. Additionally, copies are

available from Commandant (CG-611), U.S. Coast Guard Headquarters,

(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. Contact Ms. Renee V. Wright, Program

Manager, Docket Operations, 202-493-0402, for questions on the docket.

SUPPLEMENTARY INFORMATION: The Coast Guard invites comments on whether

this information collection request should be granted based on it being

necessary in the proper performance of Departmental functions. 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 information subject to 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 DMF or OIRA must contain the OMB Control Number of the

ICR addressed. Comments to DMF must contain the docket number, [USCG

2007-0008]. For your comments to OIRA to be considered, it is best if

they receive them on or before the March 7, 2008.

Public participation and request for comments: We encourage you to

respond to this request by submitting comments and related materials.

We will post all comments received, without change, to http://www.regulations.gov.

They will include any personal information you

provide. We have an agreement with DOT to use their DMF. Please see the

paragraph on DOT's ``Privacy Act Policy'' below.

Submitting comments: If you submit a comment, please include the

docket number [USCG-2007-0008], indicate the specific section of the

document to which each comment applies, providing a reason for each

comment. We recommend you include your name, mailing address, an e-mail

address, or other contact information in the body of your document so

that we can contact you if we have questions regarding your submission.

You may submit your comments and material by electronic means, mail,

fax, or delivery to the DMF 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: Go to http://www.regulations.gov to

view documents mentioned in this notice as being available in the

docket. Click on ``Search for Dockets,'' and enter the docket number

[USCG-2007-0008] in the Docket ID box, and click enter. You may also

visit the DMF in Room W12-140 on the West Building Ground Floor, 1200

New Jersey Avenue, SE., 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://DocketsInfo.dot.gov.

Previous Request for Comments

This request provides a 30-day comment period required by OIRA. The

Coast Guard has published the 60-day notice (72 FR 59101, October 18,

2007) required by 44 U.S.C. 3506(c)(2). That notice elicited comments

from five individuals/organizations.

The Coast Guard issued an OMB Information Collection supporting

statement for its Boating Accident Report form (CG-3865) for public

comment on October 18, 2007. The proposed information collection

activities are based on comments received on the currently approved

form and input from state boat accident reporting authorities. To

develop this new form, the Coast Guard consulted with a nationally

known expert in forms design, who conducted a usability test to detect

flaws. The test provided information on respondents' views on the

present and recommended forms. The current proposed form is based on

the results of the usability test and the comments received from the

60-day notice.

Following the initial 60-day period during which the public was

able to comment on the ICR, the Coast Guard received five comments. We

reviewed each of these comments with diligence, and made some changes

to the form where it was deemed appropriate. A summary of the public

comments, our responses to those comments, and the changes that were

made to the form are summarized below.

Summary of General Comments From the Public

Several commenters stated that this form is much longer

than some of those from the state.

Some commenters suggested combining ``Accident Details--

Other Key People'' and ``Serious Injuries and Deaths'' sections.

One commenter noted that the ``For State Agency Use Only''

section would not be used.

One commenter suggested condensing the two ``Report

Submitted'' (on pages one and six) sections into one.

One commenter suggested there be separate areas that apply

first to the accident itself (date, time, location, weather, type/cause

of accident), and then areas that apply to the operator, vessel, and

people on board.

A commenter stated that mixing questions, of which some

relate to all people on the vessel and some only to a single vessel, is

confusing and inconsistent.

A commenter noted that some of the choices in the

``Contributing Factors'' section need to be better defined to prevent

confusion.

One commenter suggested increasing the data collection

fields for the second operator, which would provide additional

information.

USCG Response to General Comments

We understand the concerns expressed in these comments, but all of

the information is pertinent. The information provided on this form

will be used for statistical and analysis purposes. Based on reporting

requirements in 33 CFR part 173, the operator of vessel(s) involved in

an accident is required to fill out a separate report form. In

addition, this proposed form underwent a usability test, and

[[Page 6987]]

was consistently preferred to the present one.

Comments on Page One of the New Form

Several commenters suggested including the operator/owner

information found on the last page on the first one as well. Response:

The first page already has a place for the operator/owner to provide

their name and telephone number.

A commenter proposed breaking out information regarding

the number of people on board, towed, and wearing life jackets.

Response: The form, as proposed, already collects all of this

information.

One commenter recommended increasing the size of the

``Accident Description'' box. Response: The instructions for completing

this box allow an operator/owner to include additional pages if

necessary to provide all necessary information.

A commenter stated that the ``Report Submitted By''

section should include Boat Operator/Owner, or Accident Investigator,

providing the latter a useful form if the former is the only one on

board and dies in the accident. Response: We considered this.

Therefore, the form allows for the selection of operator/owner, or

other.

Comments on Page Two of the New Form

One commenter proposed including engine make, serial

number, and total number of engines in the ``Engine'' section.

Response: We already included these on the form, except for the serial

number(s). We do not feel we have the space to include this piece of

information and what the benefit would be for capturing it. We also

believe that the likelihood of the public providing engine serial

numbers is low because this is not common knowledge.

A commenter suggested that we should collect whether a

fire extinguisher was used and what type. Response: We added the number

and type of fire extinguishers used.

One commenter stated that ``Size of Vessel'' information

is not general knowledge and therefore, it should be deleted. Response:

This is required under 33 CFR part 173; therefore, we must include it.

Comments on Page Three of the New Form

A commenter expressed concern regarding the integrity of

information regarding alcohol and drug usage as contributing factors.

Response: We understand this concern. However, it is a requirement that

the operator complete the form and this information be furnished.

Several commenters suggested modifications to the

``Machinery/Equipment Failure'' and ``Contributing Factors'' sections.

These included reorganizing the options/instructions regarding the

sections. Response: We rearranged these sections so they follow one

another. However, we did not edit the instructions since they provide

adequate information.

One commenter suggested including Pleasure Boating in the

``Operator/Passenger Activities'' section. Response: We believe the

other options cover this suggestion.

A commenter proposed listing Recreational above Commercial

in the ``Operator/Passenger Activities'' section. Response: We agree

and made this change.

Another commenter suggested that in the ``Boat

Operations'' section Cruising, Changing Direction, Changing Speed

should be the first choices, and listed in that order. Response: We

agree and made this change.

A commenter stated that in the ``Accident Events''

section, there is no option for Person Struck by Own Boat. Response:

There is an option for Other, where an operator could write in this

accident description.

A commenter suggested deleting the choice ``Drifting''

from the ``Operator/Passenger Activities'' section and consider the

choices ``kite boarding, windsurfing, parasailing, and racing.''

Response: We appreciate the commenter's input regarding the Operator/

Passenger activities. However, not all activities suggested are

applicable nationwide, while others are already included in the

activity choices. In addition, this section does include an `Other' box

allowing an operator to include these options. Finally, some of these

choices are required in 33 CFR part 173.

Comments on Page Four of the New Form

A commenter suggested that in addition to the ``Accident

Details--Injured People Receiving or in Need of Treatment Beyond First

Aid'' and ``Accident Details--Deaths/Disappearances,'' add ``people

being towed by your boat,'' since this would clearly indicate those not

being towed. Response: We agree and added the suggested language in the

explanatory language relating to both of these sections.

Several commenters proposed including more than one space

for additional parties in the ``Injured Persons'' and the ``Person Who

Died/Disappeared'' section. Response: The instructions for both the

``Injured Persons'' and the ``Person Who Died/Disappeared'' sections

allow for inclusion of additional pages.

One commenter expressed concern with allowing laypersons

to determine cause of injuries as required in ``Injury Details'' and

``Nature of Primary Injury.'' Response: We understand the concern with

laypersons making this determination, but, it is a requirement that the

operator complete the form.

Comments on Page Five of the New Form

One commenter suggested placing the ``Accident Details--

Other Key People'' section prior to collection of data on the operator,

owner, and injured parties makes the form confusing. Response: We do

not agree with this suggestion and will leave all of the boat operator/

owner information together.

In the ``Operator Safety Measures'' section, a commenter

proposed adding a ``Not Equipped'' option under ``An engine cut-off

switch (Lanyard) if equipped.'' Response: Since there is currently no

requirement for a boat to be equipped with an engine cut-off switch, we

do not believe it is necessary to collect this information.

A commenter expressed concern that the ``Operator

Instruction'' section is confusing, expressing particular concern with

the internet field.

Response: The internet field is necessary, as there are

many boating safety courses available online.

A commenter suggested including ``Safety Lanyard'' or

``Wireless Emergency Shutoff Device'' to account for wireless

instruments now being used for engine shutoff. Response: We agree and

clarified the language in this section.

Comments on Page Six of the New Form

One commenter suggested that the signature of ``Person

Submitting this Report'' should be more obvious. Response: We believe

having a signature block as the last item is consistent with many other

forms that require a signature. We added more emphasis to the signature

block section to draw attention to it.

Several commenters proposed that the ``Boat Operator''

information be collected on page one and that the ``Boat Owner''

information be collected on both page one/six. Response: The first page

of the form already collects the boat operator or owners' name and

contact phone number.

[[Page 6988]]

Information Collection Request

Title: Coast Guard Boating Accident Report Form (CG-3865).

OMB Control Number: 1625-0003.

Type of Request: Revision of a currently approved collection.

Affected Public: Operators of vessels/subject equipment involved in

occurrences where--

A person dies or is injured and requires medical treatment

beyond first aid;

Damage is incurred to either the vessel or other property

damages of $2,000 or more; or

A person disappears from the vessel under circumstances

indicating death or injury. See Sec. Sec. 173.57 and 173.59.

Form: CG-3865.

Abstract: Section 6102(a) of 46 U.S.C. requires a uniform marine

casualty system with regulations prescribing casualties to be reported,

and the manner thereof. The statute requires a State to compile and

submit to the Secretary (delegated to the Coast Guard) reports,

information, and statistics on casualties reported. Implementing

regulations are contained in 33 CFR part 173--Vessel Numbering and

Casualty and Accident Reporting; subpart C--Casualty and Accident

Reporting, and 33 CFR part 174--State Numbering and Casualty Reporting

Systems; subpart C--Casualty Reporting System Requirements; and subpart

D--State reports.

States are required to forward copies of the reports or

electronically transmit accident data to the Coast Guard within 30 days

of receipt as prescribed in 33 CFR 174.121. The accident report data

and statistical information obtained from submissions by the State

authorities are used by the Coast Guard in the compilation of national

recreational boating accident statistics.

Burden Estimate: The estimated burden remains 2,500 hours a year.

Dated: January 30, 2008.

D.T. Glenn,

Rear Admiral, U.S. Coast Guard, Assistant Commandant for Command,

Control, Communications, Computers and Information Technology.

[FR Doc. E8-2166 Filed 2-5-08; 8:45 am]

BILLING CODE 4910-15-P