[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]
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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.
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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: nlesser@omb.eop.gov.
(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]
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