81 FR 5774 - Collection of Information Under Review by Office of Management and Budget; OMB Control Number: 1625-0001

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 81, Issue 22 (February 3, 2016)

In compliance with the Paperwork Reduction Act of 1995 the U.S. Coast Guard is forwarding an Information Collection Request (ICR), abstracted below, to the Office of Management and Budget (OMB), Office of Information and Regulatory Affairs (OIRA), requesting approval of a revision to the following collection of information: 1625-0001, Report of Marine Casualty & Chemical Testing of Commercial Vessel Personnel. 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.

[Federal Register Volume 81, Number 22 (Wednesday, February 3, 2016)]
[Notices]
[Pages 5774-5776]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-01896]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

[Docket No. USCG-2015-0910]


Collection of Information Under Review by Office of Management 
and Budget; OMB Control Number: 1625-0001

AGENCY: Coast Guard, DHS.

ACTION: Thirty-day notice requesting comments.

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SUMMARY: In compliance with the Paperwork Reduction Act of 1995 the 
U.S. Coast Guard is forwarding an Information Collection Request (ICR), 
abstracted below, to the Office of Management and Budget (OMB), Office 
of Information and Regulatory Affairs (OIRA), requesting approval of a 
revision to the following collection of information: 1625-0001, Report 
of Marine Casualty & Chemical Testing of Commercial Vessel Personnel. 
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: Comments must reach the Coast Guard and OIRA on or before March 
4, 2016.

ADDRESSES: You may submit comments identified by Coast Guard docket 
number [USCG-2015-0910] to the Coast Guard using the Federal 
eRulemaking Portal at http://www.regulations.gov. Alternatively, you 
may submit comments to OIRA using one of the following means:
    (1) Email: [email protected].
    (2) Mail: OIRA, 725 17th Street NW., Washington, DC 20503, 
attention Desk Officer for the Coast Guard.
    (3) Fax: 202-395-6566. To ensure your comments are received in a 
timely manner, mark the fax, attention Desk Officer for the Coast 
Guard.
    A copy of the ICR is available through the docket on the Internet 
at http://www.regulations.gov. Additionally, copies are available from: 
Commandant (CG-612), Attn: Paperwork Reduction Act Manager, U.S. Coast 
Guard, 2703 Martin Luther King Jr. Ave. SE., Stop 7710, Washington, DC 
20593-7710.

FOR FURTHER INFORMATION CONTACT: Mr. Anthony Smith, Office of 
Information Management, telephone 202-475-3532, or fax 202-372-8405, 
for questions on these documents.

SUPPLEMENTARY INFORMATION:

Public Participation and Request for Comments

    This Notice relies on the authority of the Paperwork Reduction Act 
of 1995; 44 U.S.C. Chapter 35, as amended. An ICR is an application to 
OIRA seeking the approval, extension, or renewal of a Coast Guard 
collection of information (Collection). The ICR contains information 
describing the Collection's purpose, the Collection's likely burden on 
the affected public, an explanation of the necessity of the Collection, 
and other important information describing the Collection. There is one 
ICR for each Collection. The Coast Guard invites comments on whether 
this ICR should be granted based on the Collection being necessary for 
the proper performance of Departmental functions. In particular, the 
Coast Guard would appreciate comments addressing: (1) The practical 
utility of the Collection; (2) the accuracy of the estimated burden of 
the Collection; (3) ways to enhance the quality, utility, and clarity 
of information subject to the Collection; and (4) ways to minimize the 
burden of the Collection on respondents, including the use of automated 
collection techniques or other forms of information technology. These 
comments will help OIRA determine whether to approve the ICR referred 
to in this Notice.
    We encourage you to respond to this request by submitting comments 
and related materials. Comments to Coast Guard or OIRA must contain the 
OMB Control Number of the ICR. They must also contain the docket number 
of this request, [USCG-2015-0910], and must be received by March 4, 
2016.

Submitting Comments

    We encourage you to submit comments through the Federal eRulemaking 
Portal at http://www.regulations.gov. If your material cannot be 
submitted using http://www.regulations.gov, contact the person in the 
FOR FURTHER INFORMATION CONTACT section of this document for alternate 
instructions. Documents mentioned in this Notice, and all public 
comments, are in our online docket at http://www.regulations.gov and 
can be viewed by following that Web site's instructions. Additionally, 
if you go to the online docket and sign up for email alerts, you will 
be notified when comments are posted.
    We accept anonymous comments. All comments received will be posted 
without change to http://www.regulations.gov and will include any 
personal information you have provided. For more about privacy and

[[Page 5775]]

the docket, you may review a Privacy Act notice regarding the Federal 
Docket Management System in the March 24, 2005, issue of the Federal 
Register (70 FR 15086).
    OIRA posts its decisions on ICRs online at http://www.reginfo.gov/public/do/PRAMain after the comment period for each ICR. An OMB Notice 
of Action on each ICR will become available via a hyperlink in the OMB 
Control Number: 1625-0001.

Previous Request for Comments

    This request provides a 30-day comment period required by OIRA. The 
Coast Guard published the 60-day Notice (80 FR 64430, October 23, 2015) 
required by 44 U.S.C. 3506(c)(2). We received two comment submissions 
to the 60-day Notice.
    The first commenter asked that future versions of the form CG-2692 
be ``unlocked'' so that a computer application that the commenter's 
company uses may auto-fill in the form data elements. We are unable to 
accommodate this request at this time, as it is Coast Guard policy that 
public use forms be locked/secured so they may not be modified. 
However, this concern may be alleviated in the future as the Coast 
Guard moves to permit the online submission of marine casualty reports.
    The second commenter raised five issues. The first issue raised by 
the commenter stated that the ICR title ``Marine Casualty Information 
and Periodic Chemical Testing Drug and Alcohol Testing of Commercial 
Vessel Personnel'' is in error and could lead to erroneous reporting of 
test results.
    We agree with the commenter that the historical use of the term 
``Periodic'' may result in some confusion resulting in unnecessary 
reporting of chemical test results to the Coast Guard. As a result, we 
revised the title to remove that term and to better reflect the intent 
of the collection. The revised title is ``Report of Marine Casualty & 
Chemical Testing of Commercial Vessel Personnel''.
    The second issue raised by the commenter addressed the wording 
found in the ``Need'' section of the 60-day Notice. The commenter 
questioned the appropriateness of the term ``cured'' noting that the 
opinion of a majority of substance abuse treatment specialists have 
determined that substance abuse is never cured, but rather, is a 
treatable medical condition. The commenter further noted that the Coast 
Guard regulation, 46 CFR 16.201(f), acknowledges that the individual is 
not required to be cured. Rather, that the individual is determined to 
be of sufficiently low-risk for misuse by a Medical Review Officer.
    We agree with the commenter that the inclusion of the historical 
term ``cured'' is inconsistent with existing Coast Guard regulations 
regarding chemical testing requirements and that current substance-
abuse rehabilitative science determines addiction to be a treatable 
condition that is not curable. For these reasons, we edited our 
``Need'' section in this Notice to remove the term ``cured'' and 
inserted language that is both consistent with existing Coast Guard 
regulations and current substance-abuse rehabilitative science.
    The third issue raised by the commenter was a statement questioning 
the data found on the form OMB 83-I of the ICR. The commenter stated 
that it was challenging to understand the quantitative dispersion of 
annual responses published in the ICR. The commenter asked for greater 
specificity as to the representative value of the 180,489 annual 
responses. The commenter requested additional information to include 
identification information of the responders, a summary of the 
responses, the timeframe in which the responses were received, a 
comparison of the 180,489 responses received in other years and 
finally, analytical data to determine the mean average of responses for 
the last five years.
    We note that the form OMB 83-I information is a summary, and that a 
detailed breakdown of the responses are found in Appendix A to the 
Supporting Statement. The Supporting Statement and Appendix A are found 
in the docket to the Notice (see documents USCG-2015-0910-0004 and 
USCG-2015-0910-0005 respectively). Further we note that the number of 
180,489 annual responses is generally consistent with year-over-year 
comparisons and represents neither the least or greatest annual 
response rate in recent years. Therefore, we hold this number to be 
both accurate and representative of the annual response burden upon 
industry. We do not agree with the commenter that an exhaustive 
analytical review of the data is necessary.
    The fourth issue raised by the commenter questioned who is going to 
be responsible for the completion of the proposed new forms [CG-2692C & 
CG-2692D]? The commenter opined that the stated intent of the ICR, to 
streamline the reporting process and to reduce the burden upon 
industry, would not be the outcome of adding two new forms. The 
commenter further stated that it should be the responsibility of the 
Coast Guard to complete the new forms themselves.
    As explained in the 60-day Notice section entitled ``Why is the 
Coast Guard Proposing to Add 2 New Forms'', these two new forms do not 
seek to add any new information to be collected in the request. 
Instead, they take certain sections of the existing form CG-2692 and 
move them to these two new forms. Additionally, in the event there are 
multiple entries required (e.g. several injuries, etc.) these new forms 
easily facilitate multiple entries for the submitter. As with the 
current forms and consistent with the regulatory requirements found in 
Title 46 CFR part 4, the owner, agent, master, operator, or person in 
charge of a vessel are responsible to complete the forms.
    The fifth issue raised by the commenter requested greater 
information concerning the evaluation of comments from the maritime 
industry and general public identifying the need to revise these forms 
and to add two new forms. Specifically, the commenter asked if the 
evaluation was published or if an information request was published to 
facilitate this evaluation?
    The Coast Guard conducted multiple opportunities for marine 
industry and public participation to the evaluation of the marine 
casualty reporting process. This effort was made by the Coast Guard to 
ensure both the marine industry and the public were provided multiple 
opportunities to provide input to the revision of the marine casualty 
reporting process. The Coast Guard also conducted a deliberative 
internal review of process logistics to ensure that only information 
necessary to evaluating marine casualties was included as required 
reporting in the proposed new forms.
    The Coast Guard engagement with the marine industry and the public 
was designed to ensure multiple opportunities for participation and to 
include a broad representative sample of input. In 2013, the Coast 
Guard's Towing Safety Advisory Committee (TSAC) was consulted in 
accordance with the Federal Advisory Committee Act. The input received 
from TSAC, advising revision to the marine casualty reporting process, 
contributed greatly to this proposal to reformat and restructure the 
existing form CG-2692.
    Again in 2014, the Coast Guard sought-out input from the marine 
industry and the public when we issued a Notice of Availability and 
Request for Comments on January 14, 2014 (79 FR 2466) for a draft 
Navigation and Vessel Inspection Circular (NVIC). This publication 
provided guidance for the identification and reporting of marine 
casualties.

[[Page 5776]]

    The comments received from the marine industry and the public to 
this NVIC proposal, advising revision to the marine casualty reporting 
process, contributed greatly to the proposal to reformat and 
restructure the existing form CG-2692.

Information Collection Request

    1. Title: Report of Marine Casualty & Chemical Testing of 
Commercial Vessel Personnel.
    OMB Control Number: 1625-0001.
    Summary: Marine casualty information is needed for CG 
investigations of commercial vessel casualties involving death, vessel 
damage, etc., as mandated by Congress. Chemical testing information is 
needed to improve CG detection/reduction of drug use by mariners.
    Need: Section 6101 of 46 U.S.C. as delegated by the Secretary of 
Homeland Security to the Commandant, authorizes the Coast Guard to 
prescribe regulations for the reporting of marine casualties involving 
death, serious injury, material loss of property, material damage 
affecting the seaworthiness of a vessel, or significant harm to the 
environment. It also requires information on the use of alcohol being 
included in a marine casualty report. Section 7503 of 46 U.S.C. 
authorizes the Coast Guard to deny the issuance of licenses, 
certificates of registry, and merchant mariner's documents (seaman's 
papers) to users of dangerous drugs. Similarly, 46 U.S.C. 7704 requires 
the Coast Guard to revoke such papers when a holder of the same has 
been shown to be a drug user unless the holder provides satisfactory 
proof that the holder has successfully completed a rehabilitation 
program acceptable to the Coast Guard and is determined to be, by a 
competent substance abuse professional, free from misuse of chemical 
substances and that the risk of subsequent misuse of chemical 
substances is sufficiently low to justify returning to safety-sensitive 
positions..
    Forms: CG-2692, Report of Marine Casualty, Commercial Diving 
Casualty, or OCS-related Casualty; CG-2692A, Barge Addendum; CG-2692B, 
Report of Mandatory Chemical Testing Following a Serious Marine 
Incident Involving Vessels in Commercial Service; CG-2692C, Personnel 
Casualty Addendum; and CG-2692D, Involved Persons and Witnesses 
Addendum.
    Respondents: Vessels owners and operators.
    Frequency: On occasion. This information collection has a 
requirement for recordkeeping.
    Hour Burden Estimate: The estimated burden has increased from 
20,986 hours to 23,586 hours a year due to an increase in the estimated 
number of responses.

    Authority: The Paperwork Reduction Act of 1995; 44 U.S.C. 
Chapter 35, as amended.

    Dated: January 26, 2016.
Thomas P. Michelli,
U.S. Coast Guard, Deputy Chief Information Officer.
[FR Doc. 2016-01896 Filed 2-2-16; 8:45 am]
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