[Federal Register Volume 76, Number 172 (Tuesday, September 6, 2011)]
[Notices]
[Pages 55079-55081]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-22630]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

[Docket No. USCG-2011-0674]


Recreational Vessel Accident Reporting

AGENCY: Coast Guard, DHS.

ACTION: Notice of Advisory Committee recommendations; request for 
additional public comments.

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SUMMARY: The Coast Guard has received recommendations from the National 
Boating Safety Advisory Council (NBSAC) regarding potential ways to 
improve the recreational boating accident reporting process. NBSAC 
recommended that the Coast Guard: (1) Use a two-tiered reporting system 
for boating accidents; and (2) take steps to clarify what, how, and 
when information is reported. This notice solicits public comment on 
the NBSAC recommendations, as well as general public comment on the 
burden involved in reporting accidents, and other alternative means of 
reporting or collecting information.

DATES: Comments and related material must either be submitted to our 
online docket via http://www.regulations.gov on or before December 5, 
2011 or reach the Docket Management Facility by that date.

ADDRESSES: You may submit comments identified by docket number USCG-
2011-0674 using any one of the following methods:
    (1) Federal eRulemaking Portal: http://www.regulations.gov.
    (2) Fax: 202-493-2251.
    (3) Mail: Docket Management Facility (M-30), U.S. Department of 
Transportation, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue, SE., Washington, DC 20590-0001.
    (4) Hand delivery: Same as mail address above, between 9 a.m. and 5 
p.m., Monday through Friday, except Federal holidays. The telephone 
number is 202-366-9329.
    To avoid duplication, please use only one of these four methods. 
See the ``Public Participation and Request for Comments'' portion of 
the SUPPLEMENTARY INFORMATION section below for instructions on 
submitting comments.

FOR FURTHER INFORMATION CONTACT: If you have questions on this notice, 
call or e-mail Mr. Jeff Ludwig, Office of Auxiliary and Boating Safety, 
Boating Safety Division, Coast Guard; telephone 202-372-1061, e-mail

[[Page 55080]]

[email protected]. If you have questions on viewing or 
submitting material to the docket, call Ms. Renee V. Wright, Program 
Manager, Docket Operations, telephone 202-366-9826.

SUPPLEMENTARY INFORMATION: 

Public Participation and Request for Comments

    We encourage you to submit comments and related material on the 
National Boating Safety Advisory Council (NBSAC) recommendations and 
related questions posed in this notice. All comments received will be 
posted, without change, to http://www.regulations.gov and will include 
any personal information you have provided.
    Submitting comments: If you submit a comment, please include the 
docket number for this notice (USCG-2011-0674), and provide a reason 
for each suggestion or recommendation. You may submit your comments and 
material online, or by fax, mail, or hand delivery, but please use only 
one of these means. We recommend that you include your name and a 
mailing address, an e-mail address, or a telephone number in the body 
of your document so that we can contact you if we have questions 
regarding your submission.
    To submit your comment online, go to http://www.regulations.gov, 
insert ``USCG-2011-0674'' in the ``Keyword'' box. If you submit your 
comments by mail or hand 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. We will consider all comments and material received during 
the comment period.
    Viewing comments and National Boating Safety Advisory Council 
recommendations: To view the comments and the National Boating Safety 
Advisory Council (NBSAC) recommendations, go to http://www.regulations.gov. In the ``Keyword'' box insert ``USCG-2011-0674'' 
and click ``Search.'' If you do not have access to the internet, you 
may view the docket online by visiting the Docket Management Facility 
in Room W12-140 on the ground floor of the Department of Transportation 
West Building, 1200 New Jersey Avenue, SE., Washington, DC 20590, 
between 9 a.m. and 5 p.m., Monday through Friday, except Federal 
holidays. We have an agreement with the Department of Transportation to 
use the Docket Management Facility.
    Privacy Act: Anyone can search the electronic form of comments 
received into any of our 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 a 
Privacy Act, system of records notice regarding our public dockets in 
the January 17, 2008 issue of the Federal Register (73 FR 3316).

Basis and Purpose

    In 2009, the National Boating Safety Advisory Council (NBSAC) 
recommended that the Coast Guard revise its accident reporting 
requirements. NBSAC is a Federal advisory committee under 5 U.S.C. App. 
(Pub. L. 92-463). It was established under authority of 46 U.S.C. 13110 
and advises the Secretary of the Department of Homeland Security 
through the Coast Guard on boating safety regulations and other major 
boating safety matters.
    The NBSAC recommendations were intended to help the Coast Guard 
improve the quality and timeliness of boating accident information. The 
Coast Guard relies on accident information provided by recreational 
boat operators to make decisions aimed at improving boating safety. 
This information, described in title 33 Code of Federal Regulations 
(CFR) parts 173 and 174, is often collected from the owner or operator 
of a vessel, who fills out a very detailed Coast Guard Boating Accident 
Report (BAR, form CG-3865) or a similar form provided by the State 
reporting authority. After an accident, the owner or operator of a 
vessel involved must:
     Report the accident to the appropriate State reporting 
authority within a specified timeframe; and
     Provide the information required in 33 CFR 173.57.
    The State reporting authority is then required by 33 CFR 174.101 
and 174.121 to:
     Review each report for accuracy and completeness;
     Determine the cause of the accident based on the available 
information; and
     Forward the accident report to the Coast Guard within 30 
days of receiving the report.
    The Coast Guard receives reports of boating accidents from the 
States and other sources and uses this information to meet its 
statutory responsibilities to promote the safety of the recreational 
vessel, its associated equipment, and the operator and passengers (see 
46 U.S.C. Chapter 43). The Coast Guard also has a statutory obligation 
to publish statistics on boating safety (see 46 U.S.C. 6102). Each 
year, information received through the accident reporting system is 
compiled and published in a report entitled ``Boating Statistics'', 
Commandant Publication (COMDTPUB) P16754 (series).
    Unfortunately, many accidents are not reported, or the information 
provided by boat owners or operators is often inaccurate or incomplete 
and frequently becomes available to the Coast Guard long after an 
accident occurs. Incomplete, inaccurate, or late accident information 
makes ensuring safe boating conditions more difficult, and may indicate 
that the accident reporting system could be improved.
    To address these issues, NBSAC recommended that the Coast Guard 
establish a two-tiered notification/reporting system that would ease 
the reporting burden on the owner or operator of a vessel, but would 
place more responsibilities on State reporting authorities. NSBAC also 
recommended a number of steps to be taken to clarify what, how, and 
when information is reported. The specific NBSAC recommendations can be 
found in the docket for this notice.
    Through this notice and request for comments, the Coast Guard hopes 
to receive additional information from the public that will help us 
improve the quality and timeliness of boating accident information. Our 
goal is to receive information that will allow us to achieve the 
following:
     Reduce the accident reporting burden on the public;
     Increase the number of accidents reported to the State 
reporting authorities;
     Improve the timeliness of accident reports; and
     Increase the accuracy and completeness of reports 
forwarded by the State reporting authorities to the Coast Guard.
    In this notice, we specifically seek information and public 
comments relating to the following questions:
    1. Would the States support, and are some States already informally 
using, the two-tiered accident reporting system that NBSAC has 
recommended, with the boat operator providing a notification to the 
State (via local law enforcement, first responder, etc.) and the State 
reporting authority ensuring that a follow-up investigation is 
conducted?
    2. Would the public support the two-tiered accident reporting 
system that NBSAC has recommended?
    3. Would the two-tiered accident reporting system that NBSAC has 
recommended improve the number of accident reports received?
    4. Would the two-tiered accident reporting system that NBSAC has

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recommended improve the accuracy of accident reports received?
    5. Would the two-tiered accident reporting system that NBSAC has 
recommended improve the timeliness of accident reports received?
    6. Would the two-tiered accident reporting system that NBSAC has 
recommended ease the burden of accident reporting on owners or 
operators of recreational vessels? If so, by how much?
    7. Would the two-tiered accident reporting system that NBSAC has 
recommended increase the burden of accident reporting on State 
reporting authorities? If so, by how much?
    8. Would any additional time (over the current system) be required 
for the owner/operator in a reporting system where the State had to 
contact him/her for information? If so, how many minutes of additional 
time per report would be required for the owner/operator?
    9. Would any additional time (over the current system) and/or 
resources be required for a State employee to complete the report as 
opposed to the owner/operator? If so, how many minutes of additional 
time per report and/or what additional resources?
    10. How many States currently use an electronic reporting system?
    11. How many States are considering using an electronic reporting 
system?
    12. Would the use of an Internet reporting system reduce the time 
required by the State to report information to the Coast Guard? If so, 
how many minutes of time per report would be saved?
    13. Do any States collect data in addition to what is currently 
required in 33 CFR 173.57? If so, what additional information is 
collected?
    14. How many boating accident report forms (BAR, CG-3865 or State 
equivalent forms) does a State receive from the public annually 
(approximately)?
    15. How many boating accidents does a State investigate or cause to 
be investigated annually (approximately)?
    16. How frequently (as a percentage) does a State collect data on 
an accident for which no BAR form is submitted by the public?
    17. Under the current system, do States provide accident reporting 
information that is the responsibility of the recreational vessel owner 
or operator? If so, how many man-hours are required to collect this 
information (please give time as hours per week or month or as an 
average per accident report)?
    18. If a State provides information that is the responsibility of 
the vessel owner or operator, what is the average time required by a 
State employee to complete the entire accident report form under the 
current system?
    19. Under the current system, how much time does a State reporting 
authority spend validating the accident report submitted by a 
recreational vessel owner or operator (please give time as hours per 
week or month or as an average per accident report)?
    20. Under the current system, what percentage of reports that a 
State receives from owner/operators are illegible or otherwise 
unintelligible? How many man-hours are currently required to address 
these problems (please give time as hours per week or month or as an 
average per accident report)?
    21. Under the current system, when there is missing information 
from the owner/operator, what is the average amount of time that passes 
before a State employee is able to contact him/her in order to complete 
the report? (please give time as hours per week or month or as an 
average per accident report).
    22. Do boat owners/operators have enough information or expertise 
to provide some or all of the accident reporting data currently 
required by them in 33 CFR 173.57?
    23. What is the average time required for the owner/operator to 
complete the report under the current system?
    24. Does the reporting of some or all of the accident reporting 
data currently required in 33 CFR 173.57 result in adverse consequences 
for owners/operators?
    25. How can owners or operators of recreational vessels be 
encouraged to comply with boating accident reporting requirements?
    26. What is a reasonable amount of time for a State reporting 
authority to submit a complete accident investigation report to the 
Coast Guard?
    27. What percentage of a State's accident reports are reported to 
Coast Guard within 30/60/90 days? What are the significant factors that 
cause a report to be delayed beyond the 30 days?
    28. What is a good definition of an injury that required medical 
treatment beyond first aid? Should the Occupational Safety and Health 
Administration (OSHA) standards for ``medical treatment beyond first 
aid'' be adopted as the standard for recreational boating injury 
reporting? (see 29 CFR 1904.7(b)(5) for the OSHA standards)
    29. How should boating-related swimming incidents be defined? The 
NBSAC recommendation suggests that incidents where the vessel was being 
used as a swimming platform and/or a person voluntarily leaves the 
vessel as the first event, whether the vessel was underway or not, 
should not be considered reportable boating accidents, although it 
would continue counting incidents involving carbon monoxide poisoning, 
in-water electrical shock or other boat-related caused accidents.
    This notice is issued under authority of 5 U.S.C. 552(a) and 33 CFR 
part 173.

    Dated: August 26, 2011.
James A. Watson,
Rear Admiral, U.S. Coast Guard, Director of Prevention Policy.
[FR Doc. 2011-22630 Filed 9-2-11; 8:45 am]
BILLING CODE 9110-04-P