[Federal Register Volume 71, Number 244 (Wednesday, December 20, 2006)]
[Notices]
[Pages 76355-76358]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-21644]


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

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.

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

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]
BILLING CODE 4910-15-P