

[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]

BILLING CODE 4910-15-P
