81_FR_69277 81 FR 69084 - Agency Information Collection Activities; Proposed eCollection eComments Requested; A Newly Approved Data Collection, National Use-of-Force Data Collection

81 FR 69084 - Agency Information Collection Activities; Proposed eCollection eComments Requested; A Newly Approved Data Collection, National Use-of-Force Data Collection

DEPARTMENT OF JUSTICE

Federal Register Volume 81, Issue 193 (October 5, 2016)

Page Range69084-69087
FR Document2016-24173

The Department of Justice (DOJ), Federal Bureau of Investigation (FBI) Criminal Justice Information Services (CJIS) Division, will be submitting the following information collection request to the Office of Management and Budget) for review and approval in accordance with the Paperwork Reduction Act of 1995.

Federal Register, Volume 81 Issue 193 (Wednesday, October 5, 2016)
[Federal Register Volume 81, Number 193 (Wednesday, October 5, 2016)]
[Notices]
[Pages 69084-69087]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-24173]


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

DEPARTMENT OF JUSTICE

[OMB Number 1110--NEW]


Agency Information Collection Activities; Proposed eCollection 
eComments Requested; A Newly Approved Data Collection, National Use-of-
Force Data Collection

AGENCY: Federal Bureau of Investigation, Department of Justice.

ACTION: 60-day notice.

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

SUMMARY:  The Department of Justice (DOJ), Federal Bureau of 
Investigation (FBI) Criminal Justice Information Services (CJIS) 
Division, will be submitting the following information collection 
request to the Office of Management and Budget) for review and approval 
in accordance with the Paperwork Reduction Act of 1995.

DATES:  Comments are encouraged and will be accepted for 60 days until 
December 5, 2016.

FOR FURTHER INFORMATION CONTACT: To ensure that comments on the 
information collection are received,

[[Page 69085]]

OMB recommends that written comments be emailed to 
[email protected].
    If you have additional comments especially on the estimated public 
burden or associated response time, suggestions, or copy of the 
proposed information collection instrument with instructions or 
additional information, please contact Ms. Amy Blasher, Unit Chief, FBI 
CJIS Division, Module D-3, 1000 Custer Hollow Road, Clarksburg, West 
Virginia 26306.

SUPPLEMENTARY INFORMATION:  Written comments and suggestions from the 
public and affected agencies concerning the proposed collection of 
information are encouraged. Your comments should address one or more of 
the following four points:
     Evaluate whether the proposed collection of information is 
necessary for the proper performance of the functions of the FBI, 
including whether the information will have practical utility.
     Evaluate the accuracy of the agency's estimate of the 
burden of the proposed collection of information, including the 
validity of the methodology and assumptions used.
     Evaluate whether and, if so, how the quality, utility, and 
clarity of the information to be collected can be enhanced.
     Minimize the burden of the collection of information on 
those who are to respond, including through the use of appropriate 
automated, electronic, mechanical, or other technological collection 
techniques or other forms of information technology, e.g., permitting 
electronic submission of responses.

Overview of This Information Collection

    (1) Type of Information Collection: A newly approved data 
collection.
    (2) The Title of the Form/Collection: National Use-of-Force Data 
Collection.
    (3) The agency form number, if any, and the applicable component of 
the Department sponsoring the collection: The form number is 
unnumbered. The applicable component within the DOJ is the FBI CJIS 
Division.
    (4) Affected public who will be asked or required to respond, as 
well as a brief abstract: The FBI has a long-standing tradition of 
providing crime statistics collected from local, state, tribal, and 
federal law enforcement agencies on Law Enforcement Officers Killed and 
Assaulted (LEOKA) and justifiable homicides which enable transparency 
and accountability. To provide a better understanding of the incidents 
of use of force by law enforcement, the Uniform Crime Reporting (UCR) 
Program is proposing a new data collection for law enforcement agencies 
to provide information on incidents where use of force by a law 
enforcement officer (as defined by the LEOKA Program) has led to the 
death or serious bodily injury of a person, as well as when a law 
enforcement officer discharges a firearm at or in the direction of a 
person.
    The current LEOKA definition of a law enforcement officer is: ``All 
local, county, state, and federal law enforcement officers (such as 
municipal, county police officers, constables, state police, highway 
patrol, sheriffs, their deputies, federal law enforcement officers, 
marshals, special agents, etc.) who are sworn by their respective 
government authorities to uphold the law and to safeguard the rights, 
lives, and property of American citizens. They must have full arrest 
powers and be members of a public governmental law enforcement agency, 
paid from government funds set aside specifically for payment to sworn 
police law enforcement organized for the purposes of keeping order and 
for preventing and detecting crimes, and apprehending those 
responsible.''
    The definition of ``serious bodily injury'' will be based, in part, 
on 18 United States Code (U.S.C.), Section 2246(4), to mean ``bodily 
injury that involves a substantial risk of death, unconsciousness, 
protracted and obvious disfigurement, or protracted loss or impairment 
of the function of a bodily member, organ, or mental faculty.'' These 
actions include the use of a firearm; an electronic control weapon 
(e.g., Taser); an explosive device; pepper or OC (oleoresin capsicum) 
spray or other chemical agent; a baton; an impact projectile; a blunt 
instrument; hands-fists-feet; or canine.
    Local, state, tribal and federal law enforcement agencies will 
provide information on characteristics of the incident, subjects of the 
use of force, and the officers that applied force in the incident. 
Agencies will also be asked to positively affirm, on a monthly basis, 
whether they did or did not have any use of force that resulted in a 
fatality, a serious bodily injury to a person, or firearm discharges at 
or in the direction of a person. Enrollment information from agencies 
and state points of contact will be collected at the initiation of the 
collection and updated no less than annually to assist with the 
managing of this data. The process for developing a robust national 
collection on use of force involves a multistage, collaborative 
approach. With this request, the FBI proposes a pilot study. The pilot 
study will be conducted in two phases, each with its own focus. The 
pilot study design will be informed by pretesting activities conducted 
under the FBI's generic clearance [OMB 1110-0057] as discussed briefly 
here. Both pretesting and pilot efforts will rely upon effective 
collaboration between the FBI and the Bureau of Justice Statistics 
(BJS) to achieve and maintain a high level of data quality in an 
efficient manner.

Pretesting

    Pretesting activities will be conducted prior to the initiation of 
a pilot study and will allow for finalization of the data collection 
instructions and associated instructions before the pilot data 
collection. These activities will provide the preliminary information 
needed to both construct the sample of targeted agencies for the pilot 
study and identify early problem areas that can be resolved prior to 
formal testing. The pretesting consists of three parts: Cognitive 
testing of survey items (including those relating to the time of the 
incident and measures of serious bodily harm), testing of questionnaire 
design (to better assess respondent burden and functionality), and a 
canvass of state UCR program managers (to assist with developing the 
sample frame for the proposed pilot). Cognitive testing will be 
conducted in a manner to capture differences in measurement by region 
and law enforcement agency type, should they exist. Testing of 
questionnaire design will include follow-up with respondents to assess 
any difficulty with definitions or administration. Canvassing state UCR 
programs will indicate the means by which use-of-force statistics are 
reported--either through the UCR Program itself or directly from state 
and local law enforcement agencies.

Pilot

    The purpose of the pilot study is to evaluate the quality of 
information collected through the use-of-force data collection tool 
against information collected through coding of state law enforcement 
records. Instructions and manuals, as well as training modules and 
curricula, all serve to help guide individuals at law enforcement 
agencies to translate their local records into a uniform manner when 
reporting. However, it may be difficult to communicate coding schemes 
based upon a common set of definitions. Therefore, after providing 
basic instructions to respondents, the pilot study will evaluate the 
accuracy of codes assigned by respondents to identify concepts with 
less consensus

[[Page 69086]]

across locations and types of law enforcement agencies and thereby 
improve coding instructions. Potential sources of nonresponse and 
incomplete information will also be evaluated. Both phases of the pilot 
will include a set of target agencies and states that will allow for 
sufficient data to evaluate intercoder reliability in the application 
of definitions and guidance. The phases of the pilot differ by the mode 
of submission for incident data, the addition of site visits, and the 
number of sites recruited.

Phase 1

    The first phase of the pilot will provide a prospective comparison 
of reported incidents in the use-of-force data collection through the 
use-of-force data collection tool to the original records voluntarily 
provided by the reporting agency to the FBI. Those agencies that are 
recruited and agree to participate in the pilot study will understand 
that local records will be forwarded to the FBI upon submission of 
statistical information to the use of force data collection tool. The 
local case information will be redacted of any personally identifiable 
information prior to being forwarded to the FBI, and all local records 
will be destroyed upon completion of the pilot study.
    The goal of this review is to ascertain whether the agencies are 
applying the definitions and using the provided instructions in a 
uniform manner. The records review and comparison will also identify 
problematic areas where instructions need more detail or more training 
should be provided to agencies. The data will also be used in the 
planning of the second phase of the pilot that will involve a site 
visit to a subset of agencies. Finally, the FBI will work with state 
UCR program managers in the pilot states to identify any potential 
problems with local and state record-keeping that impedes the ability 
to provide the use-of-force information to the FBI.

Phase II

    The second phase of the pilot will include the set of agencies 
recruited for the first phase, as well as two additional states 
recruited to provide their use-of-force data in a bulk data submission. 
These states will be nominated based upon the information gained from 
the canvass of state UCR program managers during pretesting. The FBI 
will also continue to accept agencies and states that voluntarily 
provide data to the data collection.
    In addition to the records review and comparison begun during Phase 
1, Phase II will include targeted, on-site visits with a subsample of 
pilot agencies. The subsample will be selected to include different 
geographic areas. The primary goal of the on-site visits is to 
ascertain the level and source of underreporting of within-scope 
incidents--especially those with serious bodily injury or firearm 
discharges. The on-site visits will also allow for an assessment of 
local record-keeping capabilities and changes to the data collection 
process.
    At the conclusion of Phase II, the FBI will release a report 
detailing the results of its data collection, analysis, and 
recommendations to inform the design of a main study.
    (5) An estimate of the total number of respondents and the amount 
of time estimated for an average respondent to respond: An estimated 
701,486 law enforcement officers will participate in the National Use-
of-Force Data Collection. The estimated burden hours per incident is 
0.63 for completion.
    (6) An estimate of the total public burden (in hours) associated 
with the collection: Two separate burden estimates are provided for the 
proposed collection--one for the pilot study and a second for the 
annual collection to include all law enforcement agencies. Burden 
estimates were based on sources from the FBI UCR Program, the BJS, and 
the Centers for Disease Control (CDC). The BJS has recently estimated 
that approximately 1,400 fatalities attributed to a law enforcement use 
of force occur annually (Planty, et al., 2015, Arrest-Related Deaths 
Program: Data Quality Profile, http://www.bjs.gov/index.cfm?ty=pbdetail&iid=5260). In addition, the CDC 
estimates the incidences of fatal and nonfatal injury--including those 
due to legal intervention--from emergency department data. In their 
piece entitled, ``The real risks during deadly police shootouts: 
Accuracy of the na[iuml]ve shooter,'' Lewinski, et al. (2015) estimates 
law enforcement officers miss their target approximately 50 percent of 
the time at the firing range and was used as a simple estimate for the 
number of firearm discharges at or in the direction of a person, but 
did not strike the individual. In addition, the UCR Program collects 
counts of the number of law enforcement sworn and civilian employees in 
law enforcement agencies.
    The table below uses a rate per officer to estimate the anticipated 
number of reports that could be received within the two pilot phases 
and an annual collection. Because the nonfatal injury due to legal 
intervention estimate from the CDC does not provide any overt measure 
of severity, these injuries are estimated to be as high as 82,283 or as 
low as 5,546. Based upon these estimates, the FBI is requesting 52,416 
burden hours for an annual collection of this data.

                                                            Estimated Burden for Pilot Study
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                             Rate per  officer    Estimated number of       Estimated burden  hours
                                                                          ----------------------       incidents      ----------------------------------
                                                              Approximate                       ----------------------  Estimated
              Timeframe                   Reporting group      number of                                                  burden
                                                                officers    Maximum    Minimum    Maximum    Minimum    hours per    Maximum    Minimum
                                                                                                                         incident
--------------------------------------------------------------------------------------------------------------------------------------------------------
Pilot I (3 months)..................  Large agencies........      178,557      0.122      0.012      5,294        554         0.63      3,336        349
                                      Pilot I States........       54,781      0.122      0.012      6,497        679         0.63      4,093        428
Pilot II (3 months).................  Large agencies........      178,557      0.122      0.012      5,294        554         0.63      3,336        349
                                      Pilot I & II States...       82,172      0.122      0.012      9,746      1,019         0.63      6,140        642
Pilot Total (6 months)..............  ......................  ...........  .........  .........     26,831      2,806         0.63     16,905      1,768
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                         Estimated Burden for All Law Enforcement Agencies in Annual Collection
--------------------------------------------------------------------------------------------------------------------------------------------------------
Collection (Annual).................  All agencies..........      701,486      0.122      0.012     83,200      8,700         0.63     52,416      5,481
--------------------------------------------------------------------------------------------------------------------------------------------------------


[[Page 69087]]

    If additional information is required contact: Ms. Amy Blasher, 
Unit Chief, United States DOJ, FBI CJIS Division, Crime Data 
Modernization Team, Module D-3, 1000 Custer Hollow Road, Clarksburg, 
West Virginia 26306.

    Dated: October 3, 2016.
Jerri Murray,
Department Clearance Office for PRA, U.S. Department of Justice.
[FR Doc. 2016-24173 Filed 10-4-16; 8:45 am]
 BILLING CODE 4410-02-P



                                                    69084                         Federal Register / Vol. 81, No. 193 / Wednesday, October 5, 2016 / Notices

                                                    To submit                                                  than thirty (30) days after the                         these allegations against Defendants
                                                                         Send them to:
                                                    comments:                                                  publication date of this notice.                        FKT Resort Management LLC, FKT
                                                                                                               Comments may be submitted either by                     Bayley Family Limited Partnership,
                                                    By mail .........    Assistant Attorney General,           email or by mail:                                       Fred W. Bayley, Kathleen M. Bayley,
                                                                           U.S. DOJ—ENRD, P.O.                                                                         Thomas R. Bayley, Bayley Hill Deer &
                                                                           Box 7611, Washington, DC            To submit
                                                                           20044–7611.                                              Send them to:                      Trout Farm, Inc., and Bayley’s
                                                                                                               comments:                                               Campground, Inc. by requiring those
                                                      During the public comment period,                        By email .......     pubcomment-                        Defendants to restore the impacted
                                                    the Consent Decree may be examined                                                ees.enrd@usdoj.gov.              areas, perform mitigation, and to pay a
                                                    and downloaded at this Justice                             By mail .........    Assistant Attorney General,        civil penalty.
                                                    Department Web site: https://                                                     U.S. DOJ—ENRD, P.O.                The Department of Justice will accept
                                                    www.justice.gov/enrd/consent-decrees.                                             Box 7611, Washington, DC         written comments relating to the
                                                                                                                                      20044–7611.                      proposed Consent Decree for thirty (30)
                                                    We will provide a paper copy of the
                                                    Consent Decree upon written request                                                                                days from the date of publication of this
                                                                                                                 During the public comment period,                     Notice. Please address comments to
                                                    and payment of reproduction costs.                         the Consent Decree may be examined
                                                    Please mail your request and payment                                                                               Amy J. Dona, Trial Attorney for the
                                                                                                               and downloaded at this Justice                          United States Department of Justice,
                                                    to: Consent Decree Library, U.S. DOJ—                      Department Web site: https://
                                                    ENRD, P.O. Box 7611, Washington, DC                                                                                Environment and Natural Resources
                                                                                                               www.usdoj.gov/enrd/                                     Division, Environmental Defense
                                                    20044–7611.                                                Consent_Decrees.html. We will provide
                                                      Please enclose a check or money order                                                                            Section, Post Office Box 7611,
                                                                                                               a paper copy of the Consent Decree                      Washington, DC 20044, and refer to
                                                    for $8.00 (25 cents per page                               upon written request and payment of
                                                    reproduction cost) payable to the United                                                                           United States v. FKT Resort
                                                                                                               reproduction costs. Please mail your                    Management LLC, et al., DJ #90–5–1–1–
                                                    States Treasury.                                           request and payment to: Consent Decree                  19988.
                                                    Bob Brook,                                                 Library, U.S. DOJ—ENRD, P.O. Box                          The proposed Consent Decree may be
                                                    Assistant Section Chief, Environmental                     7611, Washington, DC 20044–7611.                        examined at the Clerk’s Office, United
                                                    Enforcement Section, Environment and                         Please enclose a check or money order                 States District Court for the District of
                                                    Natural Resources Division.                                for $17.25 (25 cents per page                           Maine, 156 Federal Street, Portland, ME
                                                    [FR Doc. 2016–24020 Filed 10–4–16; 8:45 am]                reproduction cost) payable to the United                04101. In addition, the proposed
                                                    BILLING CODE 4410–15–P
                                                                                                               States Treasury. For a paper copy                       Consent Decree may be examined
                                                                                                               without the appendices and signature                    electronically at http://www.justice.gov/
                                                                                                               pages, the cost is $15.75.                              enrd/consent-decrees.
                                                    DEPARTMENT OF JUSTICE                                      Robert Brook,                                           Cherie L. Rogers,
                                                                                                               Assistant Section Chief, Environmental                  Assistant Section Chief, Environmental
                                                    Notice of Lodging of Proposed
                                                                                                               Enforcement Section, Environment and                    Defense Section, Environment and Natural
                                                    Consent Decree Under the Clean Air                         Natural Resources Division
                                                    Act                                                                                                                Resources Division.
                                                                                                               [FR Doc. 2016–24111 Filed 10–4–16; 8:45 am]             [FR Doc. 2016–24021 Filed 10–4–16; 8:45 am]
                                                      On September 29, 2016, the                               BILLING CODE 4410–15–P
                                                                                                                                                                       BILLING CODE 4410–15–P
                                                    Department of Justice lodged a proposed
                                                    Consent Decree with the United States
                                                    District Court for the Western District of                 DEPARTMENT OF JUSTICE                                   DEPARTMENT OF JUSTICE
                                                    Pennsylvania, Erie Docket, in the
                                                                                                               Notice of Lodging Proposed Consent                      [OMB Number 1110—NEW]
                                                    lawsuit entitled United States v. Erie
                                                                                                               Decree
                                                    Coke Corporation, Case No. 1:16–cv–                                                                                Agency Information Collection
                                                    238.                                                         In accordance with Departmental                       Activities; Proposed eCollection
                                                      The Consent Decree resolves the                          Policy, 28 CFR 50.7, notice is hereby                   eComments Requested; A Newly
                                                    claims of the United States set forth in                   given that a proposed Consent Decree in                 Approved Data Collection, National
                                                    the complaint against Erie Coke                            United States v. FKT Resort                             Use-of-Force Data Collection
                                                    Corporation for injunctive relief and                      Management LLC, et al., No. 2:16–cv–
                                                    civil penalties in connection with the                     00496–JAW, was lodged with the                          AGENCY:  Federal Bureau of
                                                    company’s coke by-product recovery                         United States District Court for the                    Investigation, Department of Justice.
                                                    plant located in Erie, Pennsylvania,                       District of Maine on September 28,                      ACTION: 60-day notice.
                                                    pursuant to Section 113 of the Clean Air                   2016.
                                                    Act (‘‘CAA’’), 42 U.S.C. 7413. Under the                     The proposed Consent Decree                           SUMMARY:   The Department of Justice
                                                    proposed Consent Decree, Erie Coke                         concerns a complaint filed by the                       (DOJ), Federal Bureau of Investigation
                                                    would perform injunctive relief to                         United States against Defendants FKT                    (FBI) Criminal Justice Information
                                                    inventory, monitor, and control benzene                    Resort Management LLC, FKT Bayley                       Services (CJIS) Division, will be
                                                    emissions. It will also pay a civil                        Family Limited Partnership, Fred W.                     submitting the following information
                                                    penalty of $500,000.                                       Bayley, Kathleen M. Bayley, Thomas R.                   collection request to the Office of
                                                      The publication of this notice opens                     Bayley, Bayley Hill Deer & Trout Farm,                  Management and Budget) for review and
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                    a period for public comment on the                         Inc., and Bayley’s Campground, Inc.,                    approval in accordance with the
                                                    Consent Decree. Comments should be                         pursuant to 33 U.S.C. 1311, 1319, 1344,                 Paperwork Reduction Act of 1995.
                                                    addressed to the Assistant Attorney                        to obtain injunctive relief from and                    DATES: Comments are encouraged and
                                                    General, Environment and Natural                           impose civil penalties against the                      will be accepted for 60 days until
                                                    Resources Division, and should refer to                    Defendants for violating the Clean Water                December 5, 2016.
                                                    United States v. Erie Coke Corporation,                    Act by discharging pollutants without a                 FOR FURTHER INFORMATION CONTACT: To
                                                    D.J. Ref. No. 90–5–2–1–09614/1. All                        permit into waters of the United States.                ensure that comments on the
                                                    comments must be submitted no later                        The proposed Consent Decree resolves                    information collection are received,


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                                                                               Federal Register / Vol. 81, No. 193 / Wednesday, October 5, 2016 / Notices                                           69085

                                                    OMB recommends that written                             Crime Reporting (UCR) Program is                      The pilot study will be conducted in
                                                    comments be emailed to                                  proposing a new data collection for law               two phases, each with its own focus.
                                                    useofforcepublicnotice@ic.fbi.gov.                      enforcement agencies to provide                       The pilot study design will be informed
                                                      If you have additional comments                       information on incidents where use of                 by pretesting activities conducted under
                                                    especially on the estimated public                      force by a law enforcement officer (as                the FBI’s generic clearance [OMB 1110–
                                                    burden or associated response time,                     defined by the LEOKA Program) has led                 0057] as discussed briefly here. Both
                                                    suggestions, or copy of the proposed                    to the death or serious bodily injury of              pretesting and pilot efforts will rely
                                                    information collection instrument with                  a person, as well as when a law                       upon effective collaboration between
                                                    instructions or additional information,                 enforcement officer discharges a firearm              the FBI and the Bureau of Justice
                                                    please contact Ms. Amy Blasher, Unit                    at or in the direction of a person.                   Statistics (BJS) to achieve and maintain
                                                    Chief, FBI CJIS Division, Module D–3,                      The current LEOKA definition of a                  a high level of data quality in an
                                                    1000 Custer Hollow Road, Clarksburg,                    law enforcement officer is: ‘‘All local,              efficient manner.
                                                    West Virginia 26306.                                    county, state, and federal law
                                                                                                            enforcement officers (such as municipal,              Pretesting
                                                    SUPPLEMENTARY INFORMATION: Written
                                                    comments and suggestions from the                       county police officers, constables, state                Pretesting activities will be conducted
                                                    public and affected agencies concerning                 police, highway patrol, sheriffs, their               prior to the initiation of a pilot study
                                                    the proposed collection of information                  deputies, federal law enforcement                     and will allow for finalization of the
                                                    are encouraged. Your comments should                    officers, marshals, special agents, etc.)             data collection instructions and
                                                    address one or more of the following                    who are sworn by their respective                     associated instructions before the pilot
                                                    four points:                                            government authorities to uphold the                  data collection. These activities will
                                                      • Evaluate whether the proposed                       law and to safeguard the rights, lives,               provide the preliminary information
                                                    collection of information is necessary                  and property of American citizens. They               needed to both construct the sample of
                                                    for the proper performance of the                       must have full arrest powers and be                   targeted agencies for the pilot study and
                                                    functions of the FBI, including whether                 members of a public governmental law                  identify early problem areas that can be
                                                    the information will have practical                     enforcement agency, paid from                         resolved prior to formal testing. The
                                                    utility.                                                government funds set aside specifically               pretesting consists of three parts:
                                                      • Evaluate the accuracy of the                        for payment to sworn police law                       Cognitive testing of survey items
                                                    agency’s estimate of the burden of the                  enforcement organized for the purposes                (including those relating to the time of
                                                    proposed collection of information,                     of keeping order and for preventing and               the incident and measures of serious
                                                    including the validity of the                           detecting crimes, and apprehending                    bodily harm), testing of questionnaire
                                                    methodology and assumptions used.                       those responsible.’’                                  design (to better assess respondent
                                                      • Evaluate whether and, if so, how                       The definition of ‘‘serious bodily                 burden and functionality), and a
                                                    the quality, utility, and clarity of the                injury’’ will be based, in part, on 18                canvass of state UCR program managers
                                                    information to be collected can be                      United States Code (U.S.C.), Section                  (to assist with developing the sample
                                                    enhanced.                                               2246(4), to mean ‘‘bodily injury that                 frame for the proposed pilot). Cognitive
                                                      • Minimize the burden of the                          involves a substantial risk of death,                 testing will be conducted in a manner
                                                    collection of information on those who                  unconsciousness, protracted and                       to capture differences in measurement
                                                    are to respond, including through the                   obvious disfigurement, or protracted                  by region and law enforcement agency
                                                    use of appropriate automated,                           loss or impairment of the function of a               type, should they exist. Testing of
                                                    electronic, mechanical, or other                        bodily member, organ, or mental                       questionnaire design will include
                                                    technological collection techniques or                  faculty.’’ These actions include the use              follow-up with respondents to assess
                                                    other forms of information technology,                  of a firearm; an electronic control                   any difficulty with definitions or
                                                    e.g., permitting electronic submission of               weapon (e.g., Taser); an explosive                    administration. Canvassing state UCR
                                                    responses.                                              device; pepper or OC (oleoresin                       programs will indicate the means by
                                                                                                            capsicum) spray or other chemical                     which use-of-force statistics are
                                                    Overview of This Information                            agent; a baton; an impact projectile; a               reported—either through the UCR
                                                    Collection                                              blunt instrument; hands-fists-feet; or                Program itself or directly from state and
                                                       (1) Type of Information Collection: A                canine.                                               local law enforcement agencies.
                                                    newly approved data collection.                            Local, state, tribal and federal law
                                                                                                            enforcement agencies will provide                     Pilot
                                                       (2) The Title of the Form/Collection:
                                                    National Use-of-Force Data Collection.                  information on characteristics of the                   The purpose of the pilot study is to
                                                       (3) The agency form number, if any,                  incident, subjects of the use of force,               evaluate the quality of information
                                                    and the applicable component of the                     and the officers that applied force in the            collected through the use-of-force data
                                                    Department sponsoring the collection:                   incident. Agencies will also be asked to              collection tool against information
                                                    The form number is unnumbered. The                      positively affirm, on a monthly basis,                collected through coding of state law
                                                    applicable component within the DOJ is                  whether they did or did not have any                  enforcement records. Instructions and
                                                    the FBI CJIS Division.                                  use of force that resulted in a fatality, a           manuals, as well as training modules
                                                       (4) Affected public who will be asked                serious bodily injury to a person, or                 and curricula, all serve to help guide
                                                    or required to respond, as well as a brief              firearm discharges at or in the direction             individuals at law enforcement agencies
                                                    abstract: The FBI has a long-standing                   of a person. Enrollment information                   to translate their local records into a
                                                    tradition of providing crime statistics                 from agencies and state points of contact             uniform manner when reporting.
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                    collected from local, state, tribal, and                will be collected at the initiation of the            However, it may be difficult to
                                                    federal law enforcement agencies on                     collection and updated no less than                   communicate coding schemes based
                                                    Law Enforcement Officers Killed and                     annually to assist with the managing of               upon a common set of definitions.
                                                    Assaulted (LEOKA) and justifiable                       this data. The process for developing a               Therefore, after providing basic
                                                    homicides which enable transparency                     robust national collection on use of                  instructions to respondents, the pilot
                                                    and accountability. To provide a better                 force involves a multistage,                          study will evaluate the accuracy of
                                                    understanding of the incidents of use of                collaborative approach. With this                     codes assigned by respondents to
                                                    force by law enforcement, the Uniform                   request, the FBI proposes a pilot study.              identify concepts with less consensus


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                                                    69086                              Federal Register / Vol. 81, No. 193 / Wednesday, October 5, 2016 / Notices

                                                    across locations and types of law                                              potential problems with local and state                                          collection: Two separate burden
                                                    enforcement agencies and thereby                                               record-keeping that impedes the ability                                          estimates are provided for the proposed
                                                    improve coding instructions. Potential                                         to provide the use-of-force information                                          collection—one for the pilot study and
                                                    sources of nonresponse and incomplete                                          to the FBI.                                                                      a second for the annual collection to
                                                    information will also be evaluated. Both                                                                                                                        include all law enforcement agencies.
                                                                                                                                   Phase II
                                                    phases of the pilot will include a set of                                                                                                                       Burden estimates were based on sources
                                                    target agencies and states that will allow                                       The second phase of the pilot will                                             from the FBI UCR Program, the BJS, and
                                                    for sufficient data to evaluate intercoder                                     include the set of agencies recruited for                                        the Centers for Disease Control (CDC).
                                                    reliability in the application of                                              the first phase, as well as two additional
                                                                                                                                                                                                                    The BJS has recently estimated that
                                                    definitions and guidance. The phases of                                        states recruited to provide their use-of-
                                                                                                                                                                                                                    approximately 1,400 fatalities attributed
                                                    the pilot differ by the mode of                                                force data in a bulk data submission.
                                                                                                                                   These states will be nominated based                                             to a law enforcement use of force occur
                                                    submission for incident data, the                                                                                                                               annually (Planty, et al., 2015, Arrest-
                                                    addition of site visits, and the number                                        upon the information gained from the
                                                                                                                                   canvass of state UCR program managers                                            Related Deaths Program: Data Quality
                                                    of sites recruited.
                                                                                                                                   during pretesting. The FBI will also                                             Profile, http://www.bjs.gov/
                                                    Phase 1                                                                        continue to accept agencies and states                                           index.cfm?ty=pbdetail&iid=5260≤). In
                                                       The first phase of the pilot will                                           that voluntarily provide data to the data                                        addition, the CDC estimates the
                                                    provide a prospective comparison of                                            collection.                                                                      incidences of fatal and nonfatal injury—
                                                    reported incidents in the use-of-force                                           In addition to the records review and                                          including those due to legal
                                                    data collection through the use-of-force                                       comparison begun during Phase 1,                                                 intervention—from emergency
                                                    data collection tool to the original                                           Phase II will include targeted, on-site                                          department data. In their piece entitled,
                                                    records voluntarily provided by the                                            visits with a subsample of pilot                                                 ‘‘The real risks during deadly police
                                                    reporting agency to the FBI. Those                                             agencies. The subsample will be                                                  shootouts: Accuracy of the naı̈ve
                                                    agencies that are recruited and agree to                                       selected to include different geographic                                         shooter,’’ Lewinski, et al. (2015)
                                                    participate in the pilot study will                                            areas. The primary goal of the on-site                                           estimates law enforcement officers miss
                                                    understand that local records will be                                          visits is to ascertain the level and source                                      their target approximately 50 percent of
                                                    forwarded to the FBI upon submission                                           of underreporting of within-scope                                                the time at the firing range and was used
                                                    of statistical information to the use of                                       incidents—especially those with serious                                          as a simple estimate for the number of
                                                    force data collection tool. The local case                                     bodily injury or firearm discharges. The                                         firearm discharges at or in the direction
                                                    information will be redacted of any                                            on-site visits will also allow for an                                            of a person, but did not strike the
                                                    personally identifiable information prior                                      assessment of local record-keeping                                               individual. In addition, the UCR
                                                    to being forwarded to the FBI, and all                                         capabilities and changes to the data                                             Program collects counts of the number
                                                    local records will be destroyed upon                                           collection process.                                                              of law enforcement sworn and civilian
                                                    completion of the pilot study.                                                   At the conclusion of Phase II, the FBI                                         employees in law enforcement agencies.
                                                       The goal of this review is to ascertain                                     will release a report detailing the results
                                                    whether the agencies are applying the                                          of its data collection, analysis, and                                               The table below uses a rate per officer
                                                    definitions and using the provided                                             recommendations to inform the design                                             to estimate the anticipated number of
                                                    instructions in a uniform manner. The                                          of a main study.                                                                 reports that could be received within
                                                    records review and comparison will also                                          (5) An estimate of the total number of                                         the two pilot phases and an annual
                                                    identify problematic areas where                                               respondents and the amount of time                                               collection. Because the nonfatal injury
                                                    instructions need more detail or more                                          estimated for an average respondent to                                           due to legal intervention estimate from
                                                    training should be provided to agencies.                                       respond: An estimated 701,486 law                                                the CDC does not provide any overt
                                                    The data will also be used in the                                              enforcement officers will participate in                                         measure of severity, these injuries are
                                                    planning of the second phase of the                                            the National Use-of-Force Data                                                   estimated to be as high as 82,283 or as
                                                    pilot that will involve a site visit to a                                      Collection. The estimated burden hours                                           low as 5,546. Based upon these
                                                    subset of agencies. Finally, the FBI will                                      per incident is 0.63 for completion.                                             estimates, the FBI is requesting 52,416
                                                    work with state UCR program managers                                             (6) An estimate of the total public                                            burden hours for an annual collection of
                                                    in the pilot states to identify any                                            burden (in hours) associated with the                                            this data.
                                                                                                                                    ESTIMATED BURDEN FOR PILOT STUDY
                                                                                                                                                                                 Rate per                    Estimated number of           Estimated burden
                                                                                                                                                                                  officer                         incidents                     hours
                                                                                                                                                Approximate
                                                                Timeframe                               Reporting group                          number of                                                                          Estimated
                                                                                                                                                  officers                                                                            burden
                                                                                                                                                                       Maximum            Minimum            Maximum    Minimum                  Maximum      Minimum
                                                                                                                                                                                                                                    hours per
                                                                                                                                                                                                                                     incident

                                                    Pilot I (3 months) ...................   Large agencies ......................                     178,557                0.122              0.012          5,294        554          0.63      3,336          349
                                                                                             Pilot I States ..........................                   54,781               0.122              0.012          6,497        679          0.63      4,093          428
                                                    Pilot II (3 months) ..................   Large agencies ......................                     178,557                0.122              0.012          5,294        554          0.63      3,336          349
                                                                                             Pilot I & II States ...................                     82,172               0.122              0.012          9,746      1,019          0.63      6,140          642
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                                                    Pilot Total (6 months) ............      ................................................   ....................   ................   ................     26,831      2,806          0.63     16,905        1,768

                                                                                                               Estimated Burden for All Law Enforcement Agencies in Annual Collection

                                                    Collection (Annual) ................     All agencies ...........................                 701,486                 0.122             0.012          83,200      8,700          0.63     52,416        5,481




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                                                                               Federal Register / Vol. 81, No. 193 / Wednesday, October 5, 2016 / Notices                                          69087

                                                      If additional information is required                 copies on or before November 1, 2016 to               format, reporting burden (time and
                                                    contact: Ms. Amy Blasher, Unit Chief,                   Larry Good, Executive Secretary, ERISA                financial resources) is minimized,
                                                    United States DOJ, FBI CJIS Division,                   Advisory Council, U.S. Department of                  collection instruments are clearly
                                                    Crime Data Modernization Team,                          Labor, Suite N–5623, 200 Constitution                 understood, and the impact of collection
                                                    Module D–3, 1000 Custer Hollow Road,                    Avenue NW., Washington, DC 20210.                     requirements on respondents can be
                                                    Clarksburg, West Virginia 26306.                        Statements also may be submitted as                   properly assessed. Currently, the Office
                                                      Dated: October 3, 2016.                               email attachments in rich text, Word, or              of Workers’ Compensation Programs is
                                                    Jerri Murray,                                           pdf format transmitted to good.larry@                 soliciting comments concerning the
                                                    Department Clearance Office for PRA, U.S.               dol.gov. It is requested that statements              proposed collection: Notice of Law
                                                    Department of Justice.                                  not be included in the body of an email.              Enforcement Officer’s Injury or
                                                    [FR Doc. 2016–24173 Filed 10–4–16; 8:45 am]
                                                                                                            Statements deemed relevant by the                     Occupational Disease (CA–721) and
                                                                                                            Advisory Council and received on or                   Notice of Law Enforcement Officer’s
                                                    BILLING CODE 4410–02–P
                                                                                                            before November 1 will be included in                 Death (CA–722). A copy of the proposed
                                                                                                            the record of the meeting and will be                 information collection request can be
                                                                                                            available by contacting the EBSA Public               obtained by contacting the office listed
                                                    DEPARTMENT OF LABOR
                                                                                                            Disclosure Room. Do not include any                   below in the ADDRESSES section of this
                                                    Employee Benefits Security                              personally identifiable information                   Notice.
                                                    Administration                                          (such as name, address, or other contact              DATES: Written comments must be
                                                                                                            information) or confidential business                 submitted to the office listed in the
                                                    184th Meeting of the Advisory Council                   information that you do not want                      ADDRESSES section below on or before
                                                    on Employee Welfare and Pension                         publicly disclosed.                                   December 5, 2016.
                                                    Benefit Plans; Notice of Meeting                           Individuals or representatives of                  ADDRESSES: Ms. Yoon Ferguson, U.S.
                                                                                                            organizations wishing to address the                  Department of Labor, 200 Constitution
                                                       Pursuant to the authority contained in               Advisory Council should forward their
                                                    Section 512 of the Employee Retirement                                                                        Ave. NW., Room S–3323, Washington,
                                                                                                            requests to the Executive Secretary or                DC 20210, telephone/fax (202) 354–
                                                    Income Security Act of 1974 (ERISA), 29                 telephone (202) 693–8668. Oral
                                                    U.S.C. 1142, the 184th open meeting of                                                                        9647, Email Ferguson.Yoon@dol.gov.
                                                                                                            presentations will be limited to ten                  Please use only one method of
                                                    the Advisory Council on Employee                        minutes, time permitting, but an
                                                    Welfare and Pension Benefit Plans (also                                                                       transmission for comments (mail, fax, or
                                                                                                            extended statement may be submitted                   Email).
                                                    known as the ERISA Advisory Council)                    for the record. Individuals with
                                                    will be held on November 9–10, 2016.                    disabilities who need special                         SUPPLEMENTARY INFORMATION:
                                                       The meeting will take place in C5521
                                                                                                            accommodations should contact the                     I. Background
                                                    Room 4, U.S. Department of Labor, 200
                                                                                                            Executive Secretary by November 1,
                                                    Constitution Avenue NW., Washington,                                                                            The Federal Employees’
                                                                                                            2016 at the address indicated.
                                                    DC 20210 on November 9, from 1 p.m.                                                                           Compensation Act (FECA) provides,
                                                    to approximately 5:00 p.m. On                             Signed at Washington, DC.                           under 5 U.S.C. 8191, et seq. and 20 CFR
                                                    November 10, the meeting will start at                    Dated: September 28, 2016.                          10.735, that non-Federal law
                                                    9:00 a.m. and conclude at                               Judith Mares,                                         enforcement officers injured or killed
                                                    approximately 4:00 p.m., with a break                   Deputy Assistant Secretary, Employee                  under certain circumstances are entitled
                                                    for lunch. The morning session on                       Benefits Security Administration.                     to the benefits of the Act, to the same
                                                    November 10 will be in C5521 Room 4.                    [FR Doc. 2016–24102 Filed 10–4–16; 8:45 am]           extent as if they were employees of the
                                                    The afternoon session on November 10                    BILLING CODE 4510–29–P                                Federal Government. The CA–721 and
                                                    will take place in Room S–2508 at the                                                                         CA–722 are used by non-Federal law
                                                    same address. The purpose of the open                                                                         enforcement officers and their survivors
                                                    meeting on November 9 and the                           DEPARTMENT OF LABOR                                   to claim compensation under the FECA.
                                                    morning of November 10 is for the                                                                             Form CA–721 is used for claims for
                                                    Advisory Council members to finalize                    Office of Workers’ Compensation                       injury. Form CA–722 is used for claims
                                                    the recommendations they will present                   Programs                                              for death. This information collection is
                                                    to the Secretary. At the November 10                                                                          currently approved for use through
                                                    afternoon session, the Council members                  Proposed Extension of Existing
                                                                                                                                                                  December 31, 2016.
                                                    will receive an update from the                         Collection; Comment Request
                                                                                                                                                                  II. Review Focus
                                                    Assistant Secretary of Labor for the                    AGENCY: Division of Federal Employees’
                                                    Employee Benefits Security                              Compensation, Office of Workers’                        The Department of Labor is
                                                    Administration (EBSA) and present                       Compensation Programs.                                particularly interested in comments
                                                    their recommendations.                                  ACTION: Notice.                                       which:
                                                       The Council recommendations will be                                                                          * Evaluate whether the proposed
                                                    on the following issues: (1) Participant                SUMMARY:    The Department of Labor, as               collection of information is necessary
                                                    Plan Transfers and Account                              part of its continuing effort to reduce               for the proper performance of the
                                                    Consolidation for the Advancement of                    paperwork and respondent burden,                      functions of the agency, including
                                                    Lifetime Plan Participation and (2)                     conducts a preclearance consultation                  whether the information will have
                                                    Cybersecurity Considerations for Benefit                program to provide the general public                 practical utility;
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                                                    Plans. Descriptions of these topics are                 and Federal agencies with an                            * evaluate the accuracy of the
                                                    available on the Advisory Council page                  opportunity to comment on proposed                    agency’s estimate of the burden of the
                                                    of the EBSA Web site at www.dol.gov/                    and/or continuing collections of                      proposed collection of information,
                                                    agencies/ebsa/about-ebsa/about-us/                      information in accordance with the                    including the validity of the
                                                    erisa-advisory-council.                                 Paperwork Reduction Act of 1995                       methodology and assumptions used;
                                                       Organizations or members of the                      (PRA95) [44 U.S.C. 3506(c)(2)(A)]. This                 * enhance the quality, utility and
                                                    public wishing to submit a written                      program helps to ensure that requested                clarity of the information to be
                                                    statement may do so by submitting 30                    data can be provided in the desired                   collected; and


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Document Created: 2016-10-05 03:29:35
Document Modified: 2016-10-05 03:29:35
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
Action60-day notice.
DatesComments are encouraged and will be accepted for 60 days until December 5, 2016.
ContactTo ensure that comments on the information collection are received, OMB recommends that written comments be emailed to [email protected]
FR Citation81 FR 69084 

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