[Federal Register Volume 88, Number 151 (Tuesday, August 8, 2023)]
[Notices]
[Pages 53594-53595]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-16865]


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DEPARTMENT OF TRANSPORTATION

Bureau of Transportation Statistics

[Docket Number OST-2023-0115]


Agency Information Collection Activity; Notice of Request for 
Approval To Collect New Information: Safe Maritime Transportation 
System (SafeMTS)--Voluntary Near-Miss Incident Reporting and Analysis 
System

AGENCY: Bureau of Transportation Statistics (BTS), Office of the 
Assistant Secretary for Research and Technology (OST-R), U.S. 
Department of Transportation.

ACTION: Notice and request for comments.

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SUMMARY: In accordance with the requirements of section 3506(c)(2)(A) 
of Title 44 of the U.S. Code (Paperwork Reduction Act of 1995), this 
notice announces the intention of BTS to request the Office of 
Management and Budget (OMB) to approve a new data collection: SafeMTS--
Voluntary Near-Miss Reporting and Analysis System.

DATES: Written comments should be submitted by October 10, 2023.

ADDRESSES: To ensure that your comments are not entered more than once 
into the docket, submit comments by only one of the following methods:
     Federal eRulemaking Portal: Go to https://www.regulations.gov and follow the instructions for sending your 
comments electronically. Docket Number: OST-2023-0115.
     Mail: Docket Services, U.S. Department of Transportation, 
1200 New Jersey Avenue SE, West Building, Ground Floor, Room W12-140, 
Washington, DC 20590-0001.
     Hand Delivery: Deliver to mail address above between 9 
a.m. and 5 p.m. EST, Monday through Friday, except Federal holidays.
    Instructions: All submissions must include the Agency name and 
docket number. Note that all comments received will be posted without 
change to https://www.regulations.gov, including any personal 
information provided. Please see the Privacy Act heading below.
    Docket: For access to the docket to read background documents or 
comments received, go to https://www.regulations.gov, and follow the 
online instructions for accessing the docket, or go to the street 
address listed above.
    Privacy Act: In accordance with 5 U.S.C. 553(c), DOT solicits 
comments from the public to better inform its rulemaking process. DOT 
posts these comments, without edit, including any personal information 
the commenter provides, to www.regulations.gov, as described in the 
system of records notice (DOT/ALL-14 FDMS), which can be reviewed at 
www.dot.gov/privacy.

FOR FURTHER INFORMATION CONTACT: Allison Fischman, Office of Safety 
Data and Analysis, Bureau of Transportation Statistics, Office of the 
Assistant Secretary for Research and Technology, U.S. Department of 
Transportation, RTS-35, 1200 New Jersey Avenue SE, Washington, DC 
20590-0001, [email protected], (202)-748-0546.

SUPPLEMENTARY INFORMATION: 
    In August 2022, the Maritime Administration's (MARAD) Office of 
Safety and BTS signed an Interagency Agreement (IAA) to develop and 
implement SafeMTS, a voluntary program for confidential reporting of 
`near-misses' occurring on vessels within the Maritime Transportation 
System (MTS). The SafeMTS program provides a trusted, proactive means 
for the maritime industry to report sensitive and proprietary safety 
information, and to identify early warnings of safety problems and 
potential safety issues by uncovering hidden, at-risk conditions not 
previously exposed from analysis of reportable accidents and incidents. 
Companies participating in SafeMTS are voluntarily submitting safety 
data. There is no regulatory requirement to submit such data.
    The scope of SafeMTS includes a broad range of data categories to 
promote safe operations and appropriate risk management, which adds a 
learning component to assist the maritime industry in achieving 
improved safety performance. BTS will be the repository for the data 
and will analyze and aggregate information proffered under this 
program. BTS will publish aggregated analyses providing information on 
potential causal factors and trends or patterns before safety is 
compromised and affording continuous improvement opportunities by 
focusing on repairing impediments to safety. This information 
collection is necessary to aid MARAD, the maritime industry, and other 
stakeholders in identifying safety trends and causes of near-miss 
incidents.
    Title: SafeMTS--Near-Miss Reporting and Analysis Program for the 
Maritime Transportation System.
    OMB Control Number: Not yet known.
    Type of Request: New collection.
    Affected Public: Businesses in the maritime industry that involve 
ownership or operation of vessels.
    Number of Potential Responses: One hundred, submitted on a 
quarterly basis.
    Estimated Total Annual Burden: 400 hours.
    Abstract: The Confidential Information Protection and Statistical 
Efficiency Act of 2002 (CIPSEA) (44 U.S.C. 3501 note), can provide 
strong confidentiality protection for information acquired for 
statistical purposes under a pledge of confidentiality. CIPSEA guidance 
from the Office of Management and Budget advises that a non-statistical 
agency or unit (MARAD) that wishes to acquire information with CIPSEA 
protection may consider entering into an agreement with a Federal 
statistical agency or unit (BTS). BTS and MARAD have determined that it 
is in the public interest to collect and process near-miss incident 
related data under a pledge of confidentiality for statistical purposes 
only.
    Working with subject matter experts, BTS will then aggregate and 
further analyze these reports to identify potential causal factors and 
trends. All data reviewers would be subject to nondisclosure 
requirements mandated by CIPSEA. The results of these aggregated 
analyses will be distributed by BTS through publications, meetings, and 
other forms. Periodic industry meetings may be scheduled by MARAD or 
industry to discuss the data analysis and trend results, as well as 
share ideas and process improvements for preventing recurrence.
    In August 2022, BTS and MARAD signed an IAA to develop and 
implement SafeMTS, a voluntary program for confidential reporting of 
`near-misses' occurring on vessels. The goal of the voluntary near-miss 
reporting system is to provide BTS with essential information about 
accident precursors and other hazards. Under the program, BTS will 
develop and publish aggregate analyses that the industry and all MTS 
stakeholders can use--in conjunction with incident reports and other 
sources of information--to reduce safety and environmental risks and 
continue building a more robust safety culture within the maritime 
industry.
    BTS, within the U.S. Department of Transportation (U.S. DOT), is an 
objective supplier of statistically sound baseline, contextual, and 
trend information used to shape

[[Page 53595]]

transportation policy and investment decisions across the United 
States. BTS is responsible for providing timely, accurate, and reliable 
information on U.S. passenger and freight transportation systems and 
the impact on the economy, society, and the environment. Further, BTS 
has experience developing and administering near-miss safety data 
collection programs for transportation and offshore energy sectors. As 
a federal statistical agency, BTS has the authority to collect data 
confidentially for statistical purposes under CIPSEA, which allows the 
program to overcome legal concerns among companies about sharing 
sensitive near-miss and safety data.
    There is currently no reporting regime in place for maritime 
industry near-miss or safety incidents and other non-casualty/
reportable safety matters. Marine casualties and many other incidents 
are reportable via separate regulations under either OSHA (Occupational 
Safety and Health Administration) or USCG (U.S. Coast Guard) 
jurisdiction. However, near-miss reporting is not required under 
current regulations, and no industrywide database of near-miss events 
exists for the maritime industry. A consolidated database of near-miss 
incident data would allow for analysis and dissemination of key 
findings to the industry for use in advancing maritime transportation 
safety.
    The SafeMTS program, established by MARAD and BTS as a joint 
program, aims to fill this gap by establishing a confidential safety 
data system to collect and analyze voluntarily reported, safety-related 
data from the maritime industry to advance marine transportation 
safety. A broad set of existing data will be captured from industry 
partners and analyzed to identify critical safety-related trends that 
could prevent incidents or identify otherwise non-correlated events. 
With a broad set of data that includes protection from discovery as 
mandated by industry and robust data analytics, potential hazards of 
maritime operations can be identified and shared across the industry so 
corrective actions can be taken to improve safety. The benefit of data 
analytics in this area has been discussed in numerous studies, National 
Academies publications, reports, and articles for over two decades. 
This program will provide MARAD, in partnership with industry, with the 
ability to identify critical safety issues and concerns and leverage 
this information to advance maritime safety.
    Respondents who report near-miss incidents will be asked to submit 
their data and pertinent supplemental information. Respondents will 
submit the report electronically to BTS. Respondents will be asked to 
provide information such as: time and location of the event; a short 
description of the event and operating conditions that existed at the 
time of the event; contributing factors to the event; results of an 
investigation or safety analysis report; any corrective actions taken 
as a result of the event; and any other information that might be 
useful in determining ways to prevents such events from occurring.
    Data Confidentiality Provisions: The confidentiality of near miss 
and safety event information submitted to BTS is protected under the 
BTS confidentiality statute (49 U.S.C. 6307) and the Confidential 
Information Protection and Statistical Efficiency Act (CIPSEA) of 2018 
(Pub. L. 115-435, Title III of the Foundations for Evidence-Based 
Policymaking Act of 2018). In accordance with these confidentiality 
statutes, only aggregated and non-identifying data will be made 
publicly available by BTS through its reports for statistical purposes 
only. BTS will not release to information that might reveal the 
identity of individuals or organizations mentioned in event notices or 
reports without explicit consent of the respondent and any other 
affected entities.
    Public Comments Invited: You are asked to comment on any aspect of 
this information collection, including: (1) whether the proposed 
collection is necessary for the performance of BTS's functions; (2) the 
accuracy of the estimated burden; (3) ways for BTS to enhance the 
quality, usefulness, and clarity of the collected information; and (4) 
ways that the burden could be minimized without reducing the quality of 
the collected information. Comments received after the comment closing 
date will be included in the docket and will be considered to the 
extent practicable.

Allison Fischman,
Acting Office Director.
[FR Doc. 2023-16865 Filed 8-7-23; 8:45 am]
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