81_FR_92191 81 FR 91948 - Agency Information Collection Activities; Proposed Collection Comments Requested; New Collection: Death in Custody Reporting Act Collection

81 FR 91948 - Agency Information Collection Activities; Proposed Collection Comments Requested; New Collection: Death in Custody Reporting Act Collection

DEPARTMENT OF JUSTICE

Federal Register Volume 81, Issue 243 (December 19, 2016)

Page Range91948-91952
FR Document2016-30396

The Department of Justice (DOJ), Bureau of Justice Assistance will be submitting the following information collection request to the Office of Management and Budget (OMB) for review and approval in accordance with the Paperwork Reduction Act of 1995.

Federal Register, Volume 81 Issue 243 (Monday, December 19, 2016)
[Federal Register Volume 81, Number 243 (Monday, December 19, 2016)]
[Notices]
[Pages 91948-91952]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-30396]


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DEPARTMENT OF JUSTICE

[OMB Number 1121--NEW]


Agency Information Collection Activities; Proposed Collection 
Comments Requested; New Collection: Death in Custody Reporting Act 
Collection

AGENCY: Bureau of Justice Assistance, Department of Justice.

ACTION: 60-day notice.

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

SUMMARY: The Department of Justice (DOJ), Bureau of Justice Assistance 
will be submitting the following information collection request to the 
Office of Management and Budget (OMB) 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 
February 17, 2017.

FOR FURTHER INFORMATION CONTACT: If you have additional comments 
especially on the estimated public burden or associated response time, 
suggestions, or need a copy of the proposed information collection 
instrument with instructions or additional information, please contact 
Chris Casto, Bureau of Justice Assistance, 810 Seventh Street NW., 
Washington, DC 20531 (email: [email protected]; telephone: 202-
616-6500).

SUPPLEMENTARY INFORMATION:  Written comments and suggestions from the 
public and affected agencies concerning the proposed collection of 
information

[[Page 91949]]

are encouraged. Your comments should address one or more of the 
following points:

--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 the proposed collection will result in the 
collection of timely, accurate, complete, and reliable information;
--Evaluate whether and, if so, how the quality, utility, and clarity of 
the information to be collected can be enhanced;
--Evaluate the extent to which the information to be collected should 
be made publicly available; and
--Evaluate whether the burden of the collection of information on those 
who are to respond can be minimized and, if so, how, including through 
the use of appropriate automated, electronic, mechanical, or other 
technological collection techniques or other forms of information 
technology.

Overview of This Information Collection

    (1) Type of Information Collection: New collection.
    (2) The Title of the Form/Collection: Death in Custody Reporting 
Act Collection
    (3) The agency form number, if any, and the applicable component of 
the Department sponsoring the collection: This collection includes the 
following newly-developed forms to respond to the Death in Custody 
Reporting Act (the DCRA), which respondents will be asked to complete 
through an online, web-based portal:
     Form DCR-1: Quarterly Summary. This summary form requires 
States to either (1) identify all reportable deaths that occurred in 
their jurisdiction during the corresponding quarter and provide basic 
information about the circumstances of the death, or (2) affirm that no 
reportable death occurred in the State during the reporting period.
     Form DCR-1A: Incident Report, Law Enforcement. This 
incident report form requires States to provide additional information 
for each reportable death identified in the Quarterly Summary that 
occurred during interactions with law enforcement personnel or while in 
their custody. The required information includes the circumstances 
surrounding the death and additional characteristics of the decedent.
     Form DCR-1B: Incident Report, Corrections. This incident 
report form requires States to provide additional information for each 
reportable death identified in the Quarterly Summary that occurred 
while the decedent was in the custody of a jail, prison, or similar 
detention facility. The required information includes the circumstances 
surrounding the death and additional characteristics of the decedent.
     Form DCR-2: Open Source Summary. This summary form 
requires States to confirm whether the deaths identified through DOJ's 
open source review are qualifying reportable deaths and were already 
reported in the Quarterly Summary (Form DCR-1). For reportable deaths 
that were not included in the Quarterly Summary, the respondent is 
required to submit the corresponding Incident Report (Form DCR-1A or 
DCR-1B).
     State Data Collection Plan. By the beginning of each 
fiscal year, each State is required to submit its plan--or an update to 
an existing plan--on how it will collect the information that the DCRA 
requires the State to report on a quarterly basis that achieves maximum 
timeliness, accuracy, and completeness.
    The applicable component of the Department of Justice sponsoring 
this collection is the Office of Justice Programs, Bureau of Justice 
Assistance.
    (4) Affected public who will be asked or required to respond, as 
well as a brief abstract: In order to comply with the mandate of the 
DCRA, the Department of Justice, Bureau of Justice Assistance, is 
proposing a new data collection for State Administering Agencies to 
collect and submit information regarding the death of any person who is 
detained, under arrest, or is in the process of being arrested, is en 
route to be incarcerated, or is incarcerated at a municipal or county 
jail, State prison, State-run boot camp prison, boot camp prison that 
is contracted out by the State, any State or local contract facility, 
or other local or State correctional facility (including any juvenile 
facility).
    For purposes of this collection, the term ``State'' includes any 
State of the United States, the District of Columbia, the Commonwealth 
of Puerto Rico, the Virgin Islands, American Samoa, Guam, and the 
Northern Mariana Islands. Thus, the affected public that will be asked 
to respond on a quarterly basis each federal fiscal year include 56 
State actors. Indirectly, these States will be requesting information 
from approximately 19,450 State and local law enforcement agencies 
(LEAs), 50 State departments of corrections, and 2,800 local adult jail 
jurisdictions.
    DOJ previously published a notice in the Federal Register on August 
4, 2016, describing a plan to collect DCRA information in Fiscal Years 
(FYs) 2016 and 2017. Based on comments received from the public, DOJ 
has amended its plan which is described more fully below.

Background

    The Death in Custody Reporting Act (DCRA) requires states and 
federal law enforcement agencies to report certain information to the 
Attorney General regarding the death of any person occurring during 
interactions with law enforcement officers or while in custody. See 42 
U.S.C. 13727(a) & (b), 13727a(a) & (b). It further requires the 
Attorney General and the Department of Justice (Department) to collect 
the information, establish guidelines on how it should be reported, 
annually determine whether each state has complied with the reporting 
requirements, and address any state's noncompliance.
    The DCRA, which Congress enacted in December 2014, builds on an 
earlier law, also called the Death in Custody Reporting Act, enacted in 
2000 (P.L. 106-247). The 2000 law required States to report 
``information regarding the death of any person who is in the process 
of arrest, is en route to be incarcerated, or is incarcerated at a 
municipal or county jail, State prison, or other local or State 
correctional facility (including any juvenile facility) . . .'' In 
response, the Department of Justice through the Bureau of Justice 
Statistics (BJS) of the Office of Justice Programs developed a Deaths 
in Custody Reporting Program (DCRP), which had two parts. First, BJS 
collected data on deaths that occurred while the decedent was in the 
custody of local jails or State prisons. Second, BJS collected 
information on deaths that occurred during the process of arrest 
(arrest-related deaths, or ARDs). The DCRP collected information on 
deaths regardless of the manner of death, including those that resulted 
from accidents, suicides, natural causes, law enforcement homicides, 
and other homicides.
    Although the 2000 law expired in 2006, BJS continued to collect 
data on deaths in jails and prisons. The most recent reports based on 
the prison and jails data collection can be found at http://www.bjs.gov/index.cfm?ty=tp&tid=19. BJS continued the ARD program as 
well, but it was suspended in 2014 due to an assessment which revealed 
that variations in data collection methodology and coverage among 
States resulted in an insufficient census of arrest-related deaths. BJS 
then tested a new methodology. Instead of relying solely on States to 
affirmatively

[[Page 91950]]

submit information on reportable ARDs, BJS piloted a mixed method 
approach using open sources to identify eligible cases, followed by 
data requests to law enforcement, medical examiners, and/or coroner 
offices for incident-specific information about the decedent and 
circumstances surrounding the event. During the follow-up, BJS also 
would request information on other ARDs that had not been identified 
through open sources. The results of the redesigned ``open source 
review'' approach, which are available at http://www.bjs.gov, showed 
substantial improvements in data coverage and quality.
    In enacting the current DCRA, Congress maintained the reporting 
structure that places the primary responsibility of reporting DCRA 
information on States and added new provisions that were not in the 
2000 law--namely that the Attorney General was granted authority to 
establish guidelines and to determine whether States are in compliance 
with those standards. A noncompliant State is subject, at the 
discretion of the Attorney General, to a 10% reduction of its Byrne 
Justice Assistance Grant (Byrne JAG), and the amount of any reduction 
is to be reallocated to States that are found to be in compliance. 
Because the new provisions envision the data collected to be used to 
determine compliance and potentially assess penalties on Byrne JAG 
grantees, the Department's plan described below shifts the 
responsibility of DCRA data collection from BJS, which may collect data 
only for statistical and research purposes, to the Bureau of Justice 
Assistance. Thus, BJS in 2018 will suspend the current DCRP data 
collection efforts in jails and prisons and will not pursue a revised 
ARD program.

Collection Process

    DOJ proposes the following plan to collect DCRA information in 
fiscal year 2017 and beyond (and also describes below a plan to collect 
DCRA information for fiscal year 2016). The plan, which constitutes 
``guidelines established by the Attorney General'' pursuant to section 
2(a) of the DCRA, combines elements of past approaches shown to 
increase data quality and coverage of reportable deaths with elements 
with provisions specifically required by the statute.
    For purposes of this notice, the term ``reportable death'' means 
any death that the DCRA or the Department's guidelines require States 
to report. Generally, these are deaths that occurred during 
interactions with law enforcement personnel or while the decedent was 
in their custody or in the custody, under the supervision, or under the 
jurisdiction of a State or local law enforcement or correctional 
agency, such as a jail or prison. Specifically, the DCRA requires 
States to report information regarding ``the death of any person who is 
detained, under arrest, or is in the process of being arrested, is en 
route to be incarcerated, or is incarcerated at a municipal or county 
jail, State prison, State-run boot camp prison, boot camp prison that 
is contracted out by the State, any State or local contract facility, 
or other local or State correctional facility (including any juvenile 
facility).'' 42 U.S.C. 13727(a). The Department interprets the Act's 
list of circumstances to include any deaths that occurred:
     Due to any use of force by law enforcement personnel 
(e.g., officer-involved shootings and deaths caused by law enforcement 
weapons or tactics).
     While the decedent's freedom to leave was restricted by 
law enforcement prior to, during, or following an arrest--including 
during detention for questioning or investigation (e.g., a Terry stop); 
during the process of apprehension (e.g., the pursuit of a criminal 
suspect, or a standoff with law enforcement); while in the custody of, 
or shortly after restraint by, law enforcement personnel (even if the 
decedent was not formally under arrest); or while in transit by law 
enforcement personnel.
     During an interaction with law enforcement personnel 
responding to medical or mental health assistance (e.g., in response to 
suicidal persons).
     While the decedent was confined in a correctional or 
detention facility, including a prison, jail, boot camp, lockup, or 
booking center.
     While the decedent was under the jurisdiction or 
supervision of a law enforcement agency or correctional or detention 
facility but located elsewhere, such as special jail facilities (e.g., 
medical/treatment/release centers, halfway houses, or work farms), or 
in transit.
    Please note that the DCRA information that States submit to the 
Department must originate from official government records, documents, 
or personnel.
    The DCRA requires quarterly reporting. Because these data 
collection guidelines will not be finalized before the 2nd quarter of 
FY 2017, quarterly reporting will begin with the 3rd and 4th quarters 
of FY 2017 and continue quarterly thereafter. Reporting for the 3rd and 
4th quarters of FY 2017 will include only reportable deaths occurring 
during interactions with law enforcement personnel or while in their 
custody (i.e., deaths reportable on Form DCR-1A), and not deaths 
occurring in the jail, prison, or detention settings. Deaths in prisons 
and jails occurring during 2016 and 2017 will be captured by BJS 
through its existing data collection program on deaths in prisons and 
jails. Beginning with FY 2018, quarterly DCRA reporting will include 
all reportable deaths--deaths occurring during interactions with law 
enforcement personnel or while in their custody and deaths in jail, 
prison, or detention settings.
    Please note that the Department will not make any compliance 
determination based on a State's FY 2017 data reporting. States are 
expected to begin reporting pursuant to the DCRA during the 3rd and 4th 
Quarters of FY 2017, but the Department will not find a State to be in 
noncompliance or reduce a State's grant funding for noncompliance 
because of reporting failures during FY 2017. This grace period for FY 
2017 is necessary to allow States time to develop and implement their 
data collection and reporting plans. It will be important for States to 
report during FY 2017, however, so that they have an opportunity to 
test their abilities to report the data effectively, to identify and 
correct any flaws in their data collection and reporting systems before 
reporting for FY 2018 begins, and to develop the data collection plans 
that they will use for FY 2018. The Department will assess states' 
compliance with their reporting obligations over FY 2018, and States 
that fail to comply during FY 2018 will be subject to a reduction of 
their grant funding, pursuant to the DCRA.
    States will be required to complete the following four steps in 
order to be in compliance with DCRA requirements:
    (1) Quarterly Summary. For each quarter in a fiscal year, a State 
must complete the Quarterly Summary (Form DCR-1) and submit it by the 
reporting deadline. The Quarterly Summary is a list of all reportable 
deaths that occurred in the State during the corresponding quarter with 
basic information about the circumstances of each death. If a State did 
not have a reportable death during the quarter, the State must so 
indicate on the Quarterly Summary. The reporting deadline to submit the 
Quarterly Summary is the last day of the month following the close of 
the quarter. For each quarter, DOJ will send two reminders prior to the 
reporting deadline.

    Example. The second quarter of a fiscal year is January 1-March 
31. The deadline to submit the second quarter Quarterly Summary is 
April 30. DOJ will send a reminder to States on March 31 and April 
15.

[[Page 91951]]

    (2) Incident Reports. For each reportable death identified in the 
Quarterly Summary, a State must complete and submit by the same 
reporting deadline an Incident Report (Form DCR-1A or DCR-1B depending 
on the agency involved or that had custody of the defendant at the time 
of death), which contains specific information on the circumstances of 
the death and additional characteristics of the decedent. These 
include:
     The decedent's name, date of birth, gender, and other 
demographic information.
     The date, time, and location of the death.
     The law enforcement or correctional agency involved.
     Precipitating events and reason for law enforcement 
personnel's initial contact with the decedent (e.g., whether the 
decedent committed or allegedly committed any crimes).
     The decedent's behavior during the incident (e.g., whether 
the decedent threatened or assaulted anyone; exhibited mental health or 
substance abuse issues; or possessed or appeared to possess a weapon).
     Law enforcement actions during the incident (e.g., engaged 
in pursuit or restraint tactics; used force; discharged a firearm, and 
if so, how many shots were fired; the number of officers responding to 
the incident).
     Manner of death.
    States must answer all questions on the Incident Report before it 
can submit the form. If information about a death is unavailable due to 
an ongoing criminal or internal affairs investigation, the State may 
select the ``unavailable, pending investigation'' answer, if available. 
The State then must identify the type of investigation, which agency is 
conducting the investigation, and when the investigation is expected to 
be completed. If the State does not have sufficient information to 
complete one of the questions, then the State may select the 
``unknown'' answer, if available, and then identify when the 
information is anticipated to be obtained. An ``unknown'' response is 
valid only if the State has contacted the law enforcement or 
correctional agency involved in the death and the information is not 
known to that agency. For ``under investigation'' or ``unknown'' 
responses, States are expected to provide that information when it 
becomes available, and DOJ will follow up with States in subsequent 
reporting periods to update previous entries.
    (3) Open Source Summary. Within 15 days after each reporting 
deadline, DOJ will send to each State an Open Source Summary (Form DCR-
2) with a prepopulated list of deaths identified through the open 
source review for the relevant quarter. States will have until the 
following quarter's reporting deadline to submit an Incident Report 
(Form DCR-1A or DCR-1B) for any reportable death identified on the Open 
Source Summary that was NOT reported by the State on the Quarterly 
Summary (Form DCR-1). If a death identified in the Open Source Summary 
is determined by the State to not be reportable under the DCRA, the 
State must so indicate, also by the following quarter's reporting 
deadline.

    Example. A State submits its second quarter Quarterly Summary 
(Form DCR-1) and corresponding Incident Reports by the reporting 
deadline--April 30. By May 15, DOJ will send to the State the Open 
Source Summary (Form DCR-2) that lists second quarter reportable 
deaths identified through the open source review. The State will 
have until the third quarter reporting deadline--July 31--to submit 
an Incident Report for any deaths on the Open Source Summary for 
which an Incident Report was not previously submitted.

    (4) State Data Collection Plan. By the first day of each fiscal 
year, each State must submit to DOJ its plan for collecting the 
required information on reportable deaths on a quarterly basis that 
achieves maximum timeliness, accuracy, and completeness. The State Data 
Collection Plan should include, at a minimum, a description of how the 
State will communicate with relevant law enforcement and correctional 
agencies within its jurisdiction, receive accurate and complete 
information on reportable deaths, and conduct appropriate follow up to 
ensure reliability of the information transmitted. Each State must also 
identify a point of contact responsible for submitting the information 
to DOJ. On an annual basis, the State must review its plan and update 
it as necessary. States will not be required to submit its Data 
Collection Plans for FY 2017, but will be required to submit one for FY 
2018 and update it thereafter. Information on State Data Collection 
Plans will aid DOJ in assisting States that are seeking to improve 
their collection plans and help DOJ evaluate the reliability of all 
data collected. DOJ will make each State Data Collection Plan available 
to the public but will not assess the merits of the plan for compliance 
purposes.

Compliance Determination

    Beginning with FY 2018, DOJ will determine on an annual basis 
whether States have complied with the DCRA by completing the four 
requirements listed above. A State found to be not in compliance with 
all of the DCRA reporting requirements will be subject to a penalty of 
10% of its Byrne JAG award, consistent with the statutory language of 
the DCRA. This penalty, if applied, would reduce the State's Byrne JAG 
award for the following fiscal year. The penalty will be applied to the 
portion of the Byrne JAG award that is allocated to and controlled by 
the State, and not to amounts allocated to localities. The noncompliant 
State's penalty amount will be reallocated in accordance with Byrne JAG 
formula calculations to States that have been found to be in compliance 
for the corresponding fiscal year.
    A noncompliant State, however, will have the opportunity, in lieu 
of the imposition of a 10% penalty, to elect to redirect a portion of 
its Byrne JAG award to use within the State to assess and improve its 
DCRA collection. The amount a State can voluntarily redirect internally 
under this ``pre-penalty'' option is as follows: for the first two 
noncompliance determinations, 5% of the State portion of its Byrne JAG 
award; for any subsequent noncompliance determinations, 10%. There is 
no limit to the number of times a State may choose the ``pre-penalty'' 
option.

    Example. State X fails to submit two Quarterly Summaries in 
fiscal year 2019 and is thus found to be not in compliance. Instead 
of being penalized for noncompliance, State X may choose the pre-
penalty option and use 5% of its fiscal year 2020 Byrne JAG award 
allocated to the State to improve its DICRA collection efforts. If 
State X does not choose the pre-penalty option, the State portion of 
its fiscal year 2020 Byrne JAG award is reduced by 10% and 
reallocated to States that were found to be in compliance for fiscal 
year 2019.

    Should a State encounter an extraordinary circumstance preventing 
it from completing any of the DCRA requirements (e.g., a natural 
disaster that compromises a State's data collection and reporting 
infrastructure), the State may submit a letter to DOJ signed by its 
Governor certifying the reason for noncompliance and requesting 
specific relief. In considering such requests, DOJ will be guided by 
analyzing, among other things, the severity of the described 
extenuating circumstances, past history, if any, of the State's 
compliance with DCRA requirements, and the State's description of how 
it plans to modify its processes to address the extenuating 
circumstance.

[[Page 91952]]

Collection of Data From FY 2016 and the First Two Quarters of FY 2017

    To collect data from FY 2016 and the 1st and 2nd Quarters of FY 
2017, DOJ will send an Open Source Summary to States, which will 
contain all reportable deaths identified though the open source review 
as occurring during that timeframe and that did not occur in or under 
the jurisdiction of jails, prisons, or other correctional facilities. 
DOJ will send the Open Source Summary by May 31, 2017. DOJ will request 
States to submit Incident Reports for each of the identified deaths by 
November 30, 2017. Reportable deaths that occurred in jails, prisons, 
or other correctional facilities during 2016 and 2017 will be captured 
through BJS' existing jails and prisons collections. DOJ will not be 
making any compliance determinations or assessing penalties on States 
based on States' reporting of FY 2016 or FY 2017 data.

Publicly Available Information

    To advance DCRA's aims of transparency and evidence-based policy 
development, DOJ will release certain information to the public each 
fiscal year, including the State plans, the number of deaths reported 
for each agency and facility, and data on the circumstances surrounding 
those deaths. The information released would otherwise be subject to 
public disclosure under the Freedom of Information Act. The release 
will be consistent with Department policies and any applicable federal 
laws, including federal privacy laws, and will not contain personally 
identifiable information.
    (5) An estimate of the total number of respondents and the amount 
of time estimated for an average respondent to respond: For purposes of 
this burden calculation, it is estimated that for each fiscal year 
there will be a total of 1900 reportable deaths by 1,060 LEAs, 1,053 
reportable deaths by 600 jails, and 3,483 reportable deaths by prisons.
    For FY 2016, the total projected respondent burden is 2,124.00 
hours. For States to review and complete the Open Source Summary (DCR-
2) at 4.00 hours per Summary and to complete the corresponding Incident 
Reports (DCR-1A) at 0.25 hours per Report, the total estimated burden 
is 475.00 hours. For LEAs, the estimated burden to assist States in 
completing Incident Reports is 0.75 hours per Report for a total of 
1,425.00 hours.
    For FY 2017, the total projected respondent burden is 14,172 hours. 
States will need an estimated 4.00 hours to complete each Quarterly 
Summary for a total of 2,240.00 hours, 0.25 hours to complete each 
corresponding Incident Reports (DCR-1A) for a total of 475.00 hours, 
and 4.00 hours for the Open Source Summaries (DCR-2) for a total of 
224.00 hours. Additionally, States must develop the State Data 
Collection Plan in FY2017 to meet the October 1, 2017, deadline. The 
estimated burden is 160.00 hours for a total of 8,960.00 hours. For 
LEAs in FY 2017, the estimated burden to assist States in completing 
the Quarterly Summaries is 0.40 hours per Report for a total of 848.00 
hours, and a total of 1,425.00 hours, at 0.75 hours for each 
corresponding Incident Report.
    For FY2018, the total projected respondent burden is 14,428.49 
hours. The increase over FY 2017 is due to requiring reportable deaths 
from jails and prisons in addition to arrest-related deaths but is 
offset by the need for each State to devote approximately significantly 
less time--approximately 8.00 hours, for a total of 448.00 hours--to 
update instead of develop its State Data Collection Plan. Additionally, 
based on the same per report estimates described for FY 2017, the 
projected aggregate burden for States is 4,480.00 hours to complete the 
Quarterly Summaries (DCR-1), 1,713.49 hours to complete the 
corresponding Incident Reports (DCR-1A and DCR-1B), and 224.00 hours to 
complete the Open Source Summaries (DCR-2).
    For LEAs in FY 2018, the estimated burden to assist States in 
completing the Quarterly Summaries is a total of 1,696.00 hours, while 
the total to assist States in completing Incident Reports remains 
1,425.00 hours. The estimated burden for jails is a total of 960.00 
hours to assist States in completing the Quarterly Summaries and 789.75 
hours in completing Incident Reports. Finally, the estimated burden for 
prisons to assist States in completing the Quarterly Summaries is a 
total of 80.00 hours, and a total of 2,612.25 hours to assist States in 
completing Incident Reports.
    If additional information is required contact: Jerri Murray, 
Department Clearance Officer, United States Department of Justice, 
Justice Management Division, Policy and Planning Staff, Two 
Constitution Square, 145 N Street NE., 3E.405B, Washington, DC 20530.

    Dated: December 13, 2016.
Jerri Murray,
Department Clearance Officer for PRA, U.S. Department of Justice.
[FR Doc. 2016-30396 Filed 12-16-16; 8:45 am]
 BILLING CODE 4410-18-P



                                                91948                                Federal Register / Vol. 81, No. 243 / Monday, December 19, 2016 / Notices

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                                                (see 5 CFR 1320.8 (d) and 1320.12(a)).                                                                                                                 East Institute Drive, P.O. Box 12194,
                                                This notice identifies an information                                      ACTION:       Notice of application.                                        Research Triangle Park, North Carolina
                                                collection that the BOEM plans to                                                                                                                      27709–2194 applied to be registered as
                                                submit to OMB for approval. The                                            DATES:  Registered bulk manufacturers of                                    a bulk manufacturer of the following
                                                Paperwork Reduction Act provides that                                      the affected basic classes, and                                             basic classes of controlled substances:

                                                                                                                    Controlled substance                                                                                     Drug code        Schedule

                                                Marihuana ................................................................................................................................................................         7360   I
                                                Tetrahydrocannabinols ............................................................................................................................................                 7370   I



                                                   The company will manufacture                                            DEPARTMENT OF JUSTICE                                                       DATES:  Comments are encouraged and
                                                marihuana (7360) and                                                                                                                                   will be accepted for 60 days until
                                                tetrahydrocannabinols (7370) for use by                                    [OMB Number 1121—NEW]                                                       February 17, 2017.
                                                their researchers under the above-listed                                                                                                               FOR FURTHER INFORMATION CONTACT:    If
                                                controlled substances as Active                                            Agency Information Collection                                               you have additional comments
                                                Pharmaceutical Ingredients (API) for                                       Activities; Proposed Collection                                             especially on the estimated public
                                                clinical trials.                                                           Comments Requested; New Collection:                                         burden or associated response time,
                                                   In reference to drug code (7370) the                                    Death in Custody Reporting Act                                              suggestions, or need a copy of the
                                                                                                                           Collection                                                                  proposed information collection
                                                company plans to bulk manufacture a
                                                synthetic tetrahydrocannabinol. No                                         AGENCY:  Bureau of Justice Assistance,                                      instrument with instructions or
                                                other activity for this drug code is                                       Department of Justice.                                                      additional information, please contact
                                                authorized for this registration.                                                                                                                      Chris Casto, Bureau of Justice
                                                                                                                           ACTION: 60-day notice.
                                                                                                                                                                                                       Assistance, 810 Seventh Street NW.,
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                                                  Dated: December 3, 2016.                                                                                                                             Washington, DC 20531 (email:
                                                                                                                           SUMMARY:   The Department of Justice
                                                Louis J. Milione,                                                                                                                                      DICRAComments@usdoj.gov; telephone:
                                                                                                                           (DOJ), Bureau of Justice Assistance will
                                                Assistant Administrator.                                                   be submitting the following information                                     202–616–6500).
                                                [FR Doc. 2016–30368 Filed 12–16–16; 8:45 am]                               collection request to the Office of                                         SUPPLEMENTARY INFORMATION: Written
                                                BILLING CODE 4410–09–P                                                     Management and Budget (OMB) for                                             comments and suggestions from the
                                                                                                                           review and approval in accordance with                                      public and affected agencies concerning
                                                                                                                           the Paperwork Reduction Act of 1995.                                        the proposed collection of information


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                                                                           Federal Register / Vol. 81, No. 243 / Monday, December 19, 2016 / Notices                                              91949

                                                are encouraged. Your comments should                    requires States to provide additional                 information in Fiscal Years (FYs) 2016
                                                address one or more of the following                    information for each reportable death                 and 2017. Based on comments received
                                                points:                                                 identified in the Quarterly Summary                   from the public, DOJ has amended its
                                                —Evaluate the accuracy of the agency’s                  that occurred while the decedent was in               plan which is described more fully
                                                  estimate of the burden of the                         the custody of a jail, prison, or similar             below.
                                                  proposed collection of information,                   detention facility. The required
                                                                                                                                                              Background
                                                  including the validity of the                         information includes the circumstances
                                                  methodology and assumptions used;                     surrounding the death and additional                     The Death in Custody Reporting Act
                                                —Evaluate whether the proposed                          characteristics of the decedent.                      (DCRA) requires states and federal law
                                                  collection will result in the collection                 • Form DCR–2: Open Source                          enforcement agencies to report certain
                                                                                                        Summary. This summary form requires                   information to the Attorney General
                                                  of timely, accurate, complete, and
                                                                                                        States to confirm whether the deaths                  regarding the death of any person
                                                  reliable information;
                                                                                                        identified through DOJ’s open source                  occurring during interactions with law
                                                —Evaluate whether and, if so, how the
                                                                                                        review are qualifying reportable deaths               enforcement officers or while in
                                                  quality, utility, and clarity of the
                                                                                                        and were already reported in the                      custody. See 42 U.S.C. 13727(a) & (b),
                                                  information to be collected can be
                                                                                                        Quarterly Summary (Form DCR–1). For                   13727a(a) & (b). It further requires the
                                                  enhanced;
                                                                                                        reportable deaths that were not included              Attorney General and the Department of
                                                —Evaluate the extent to which the
                                                                                                        in the Quarterly Summary, the                         Justice (Department) to collect the
                                                  information to be collected should be
                                                                                                        respondent is required to submit the                  information, establish guidelines on
                                                  made publicly available; and
                                                                                                        corresponding Incident Report (Form                   how it should be reported, annually
                                                —Evaluate whether the burden of the
                                                                                                        DCR–1A or DCR–1B).                                    determine whether each state has
                                                  collection of information on those
                                                                                                           • State Data Collection Plan. By the               complied with the reporting
                                                  who are to respond can be minimized
                                                                                                        beginning of each fiscal year, each State             requirements, and address any state’s
                                                  and, if so, how, including through the                                                                      noncompliance.
                                                                                                        is required to submit its plan—or an
                                                  use of appropriate automated,                                                                                  The DCRA, which Congress enacted
                                                                                                        update to an existing plan—on how it
                                                  electronic, mechanical, or other                                                                            in December 2014, builds on an earlier
                                                                                                        will collect the information that the
                                                  technological collection techniques or                DCRA requires the State to report on a                law, also called the Death in Custody
                                                  other forms of information                            quarterly basis that achieves maximum                 Reporting Act, enacted in 2000 (P.L.
                                                  technology.                                           timeliness, accuracy, and completeness.               106–247). The 2000 law required States
                                                Overview of This Information                               The applicable component of the                    to report ‘‘information regarding the
                                                Collection                                              Department of Justice sponsoring this                 death of any person who is in the
                                                                                                        collection is the Office of Justice                   process of arrest, is en route to be
                                                   (1) Type of Information Collection:                  Programs, Bureau of Justice Assistance.               incarcerated, or is incarcerated at a
                                                New collection.                                            (4) Affected public who will be asked              municipal or county jail, State prison, or
                                                   (2) The Title of the Form/Collection:                or required to respond, as well as a brief            other local or State correctional facility
                                                Death in Custody Reporting Act                          abstract: In order to comply with the                 (including any juvenile facility) . . .’’ In
                                                Collection                                              mandate of the DCRA, the Department                   response, the Department of Justice
                                                   (3) The agency form number, if any,                  of Justice, Bureau of Justice Assistance,             through the Bureau of Justice Statistics
                                                and the applicable component of the                     is proposing a new data collection for                (BJS) of the Office of Justice Programs
                                                Department sponsoring the collection:                   State Administering Agencies to collect               developed a Deaths in Custody
                                                This collection includes the following                  and submit information regarding the                  Reporting Program (DCRP), which had
                                                newly-developed forms to respond to                     death of any person who is detained,                  two parts. First, BJS collected data on
                                                the Death in Custody Reporting Act (the                 under arrest, or is in the process of                 deaths that occurred while the decedent
                                                DCRA), which respondents will be                        being arrested, is en route to be                     was in the custody of local jails or State
                                                asked to complete through an online,                    incarcerated, or is incarcerated at a                 prisons. Second, BJS collected
                                                web-based portal:                                       municipal or county jail, State prison,               information on deaths that occurred
                                                   • Form DCR–1: Quarterly Summary.                     State-run boot camp prison, boot camp                 during the process of arrest (arrest-
                                                This summary form requires States to                    prison that is contracted out by the                  related deaths, or ARDs). The DCRP
                                                either (1) identify all reportable deaths               State, any State or local contract facility,          collected information on deaths
                                                that occurred in their jurisdiction                     or other local or State correctional                  regardless of the manner of death,
                                                during the corresponding quarter and                    facility (including any juvenile facility).           including those that resulted from
                                                provide basic information about the                        For purposes of this collection, the               accidents, suicides, natural causes, law
                                                circumstances of the death, or (2) affirm               term ‘‘State’’ includes any State of the              enforcement homicides, and other
                                                that no reportable death occurred in the                United States, the District of Columbia,              homicides.
                                                State during the reporting period.                      the Commonwealth of Puerto Rico, the                     Although the 2000 law expired in
                                                   • Form DCR–1A: Incident Report,                      Virgin Islands, American Samoa, Guam,                 2006, BJS continued to collect data on
                                                Law Enforcement. This incident report                   and the Northern Mariana Islands. Thus,               deaths in jails and prisons. The most
                                                form requires States to provide                         the affected public that will be asked to             recent reports based on the prison and
                                                additional information for each                         respond on a quarterly basis each                     jails data collection can be found at
                                                reportable death identified in the                      federal fiscal year include 56 State                  http://www.bjs.gov/
                                                Quarterly Summary that occurred                         actors. Indirectly, these States will be              index.cfm?ty=tp&tid=19. BJS continued
                                                during interactions with law                                                                                  the ARD program as well, but it was
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                                                                                                        requesting information from
                                                enforcement personnel or while in their                 approximately 19,450 State and local                  suspended in 2014 due to an assessment
                                                custody. The required information                       law enforcement agencies (LEAs), 50                   which revealed that variations in data
                                                includes the circumstances surrounding                  State departments of corrections, and                 collection methodology and coverage
                                                the death and additional characteristics                2,800 local adult jail jurisdictions.                 among States resulted in an insufficient
                                                of the decedent.                                           DOJ previously published a notice in               census of arrest-related deaths. BJS then
                                                   • Form DCR–1B: Incident Report,                      the Federal Register on August 4, 2016,               tested a new methodology. Instead of
                                                Corrections. This incident report form                  describing a plan to collect DCRA                     relying solely on States to affirmatively


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                                                91950                      Federal Register / Vol. 81, No. 243 / Monday, December 19, 2016 / Notices

                                                submit information on reportable ARDs,                  custody, under the supervision, or                    custody (i.e., deaths reportable on Form
                                                BJS piloted a mixed method approach                     under the jurisdiction of a State or local            DCR–1A), and not deaths occurring in
                                                using open sources to identify eligible                 law enforcement or correctional agency,               the jail, prison, or detention settings.
                                                cases, followed by data requests to law                 such as a jail or prison. Specifically, the           Deaths in prisons and jails occurring
                                                enforcement, medical examiners, and/or                  DCRA requires States to report                        during 2016 and 2017 will be captured
                                                coroner offices for incident-specific                   information regarding ‘‘the death of any              by BJS through its existing data
                                                information about the decedent and                      person who is detained, under arrest, or              collection program on deaths in prisons
                                                circumstances surrounding the event.                    is in the process of being arrested, is en            and jails. Beginning with FY 2018,
                                                During the follow-up, BJS also would                    route to be incarcerated, or is                       quarterly DCRA reporting will include
                                                request information on other ARDs that                  incarcerated at a municipal or county                 all reportable deaths—deaths occurring
                                                had not been identified through open                    jail, State prison, State-run boot camp               during interactions with law
                                                sources. The results of the redesigned                  prison, boot camp prison that is                      enforcement personnel or while in their
                                                ‘‘open source review’’ approach, which                  contracted out by the State, any State or             custody and deaths in jail, prison, or
                                                are available at http://www.bjs.gov,                    local contract facility, or other local or            detention settings.
                                                showed substantial improvements in                      State correctional facility (including any               Please note that the Department will
                                                data coverage and quality.                              juvenile facility).’’ 42 U.S.C. 13727(a).             not make any compliance determination
                                                   In enacting the current DCRA,                        The Department interprets the Act’s list              based on a State’s FY 2017 data
                                                Congress maintained the reporting                       of circumstances to include any deaths                reporting. States are expected to begin
                                                structure that places the primary                       that occurred:                                        reporting pursuant to the DCRA during
                                                responsibility of reporting DCRA                           • Due to any use of force by law                   the 3rd and 4th Quarters of FY 2017, but
                                                information on States and added new                     enforcement personnel (e.g., officer-                 the Department will not find a State to
                                                provisions that were not in the 2000                    involved shootings and deaths caused                  be in noncompliance or reduce a State’s
                                                law—namely that the Attorney General                    by law enforcement weapons or tactics).               grant funding for noncompliance
                                                was granted authority to establish                         • While the decedent’s freedom to                  because of reporting failures during FY
                                                guidelines and to determine whether                     leave was restricted by law enforcement               2017. This grace period for FY 2017 is
                                                States are in compliance with those                     prior to, during, or following an arrest—             necessary to allow States time to
                                                standards. A noncompliant State is                      including during detention for                        develop and implement their data
                                                subject, at the discretion of the Attorney              questioning or investigation (e.g., a                 collection and reporting plans. It will be
                                                General, to a 10% reduction of its Byrne                Terry stop); during the process of                    important for States to report during FY
                                                Justice Assistance Grant (Byrne JAG),                   apprehension (e.g., the pursuit of a                  2017, however, so that they have an
                                                and the amount of any reduction is to                   criminal suspect, or a standoff with law              opportunity to test their abilities to
                                                be reallocated to States that are found to              enforcement); while in the custody of,                report the data effectively, to identify
                                                be in compliance. Because the new                       or shortly after restraint by, law                    and correct any flaws in their data
                                                provisions envision the data collected to               enforcement personnel (even if the                    collection and reporting systems before
                                                be used to determine compliance and                     decedent was not formally under arrest);              reporting for FY 2018 begins, and to
                                                potentially assess penalties on Byrne                   or while in transit by law enforcement                develop the data collection plans that
                                                JAG grantees, the Department’s plan                     personnel.                                            they will use for FY 2018. The
                                                described below shifts the responsibility                  • During an interaction with law                   Department will assess states’
                                                of DCRA data collection from BJS,                       enforcement personnel responding to                   compliance with their reporting
                                                which may collect data only for                         medical or mental health assistance                   obligations over FY 2018, and States
                                                statistical and research purposes, to the               (e.g., in response to suicidal persons).              that fail to comply during FY 2018 will
                                                Bureau of Justice Assistance. Thus, BJS                    • While the decedent was confined in               be subject to a reduction of their grant
                                                in 2018 will suspend the current DCRP                   a correctional or detention facility,                 funding, pursuant to the DCRA.
                                                data collection efforts in jails and                    including a prison, jail, boot camp,                     States will be required to complete
                                                prisons and will not pursue a revised                   lockup, or booking center.                            the following four steps in order to be
                                                ARD program.                                               • While the decedent was under the                 in compliance with DCRA requirements:
                                                                                                        jurisdiction or supervision of a law                     (1) Quarterly Summary. For each
                                                Collection Process                                      enforcement agency or correctional or                 quarter in a fiscal year, a State must
                                                   DOJ proposes the following plan to                   detention facility but located elsewhere,             complete the Quarterly Summary (Form
                                                collect DCRA information in fiscal year                 such as special jail facilities (e.g.,                DCR–1) and submit it by the reporting
                                                2017 and beyond (and also describes                     medical/treatment/release centers,                    deadline. The Quarterly Summary is a
                                                below a plan to collect DCRA                            halfway houses, or work farms), or in                 list of all reportable deaths that occurred
                                                information for fiscal year 2016). The                  transit.                                              in the State during the corresponding
                                                plan, which constitutes ‘‘guidelines                       Please note that the DCRA                          quarter with basic information about the
                                                established by the Attorney General’’                   information that States submit to the                 circumstances of each death. If a State
                                                pursuant to section 2(a) of the DCRA,                   Department must originate from official               did not have a reportable death during
                                                combines elements of past approaches                    government records, documents, or                     the quarter, the State must so indicate
                                                shown to increase data quality and                      personnel.                                            on the Quarterly Summary. The
                                                coverage of reportable deaths with                         The DCRA requires quarterly                        reporting deadline to submit the
                                                elements with provisions specifically                   reporting. Because these data collection              Quarterly Summary is the last day of the
                                                required by the statute.                                guidelines will not be finalized before               month following the close of the
                                                   For purposes of this notice, the term                the 2nd quarter of FY 2017, quarterly
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                                                                                                                                                              quarter. For each quarter, DOJ will send
                                                ‘‘reportable death’’ means any death that               reporting will begin with the 3rd and                 two reminders prior to the reporting
                                                the DCRA or the Department’s                            4th quarters of FY 2017 and continue                  deadline.
                                                guidelines require States to report.                    quarterly thereafter. Reporting for the
                                                                                                                                                                Example. The second quarter of a fiscal
                                                Generally, these are deaths that                        3rd and 4th quarters of FY 2017 will                  year is January 1–March 31. The deadline to
                                                occurred during interactions with law                   include only reportable deaths                        submit the second quarter Quarterly
                                                enforcement personnel or while the                      occurring during interactions with law                Summary is April 30. DOJ will send a
                                                decedent was in their custody or in the                 enforcement personnel or while in their               reminder to States on March 31 and April 15.



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                                                                           Federal Register / Vol. 81, No. 243 / Monday, December 19, 2016 / Notices                                              91951

                                                   (2) Incident Reports. For each                       Summary (Form DCR–2) with a                           above. A State found to be not in
                                                reportable death identified in the                      prepopulated list of deaths identified                compliance with all of the DCRA
                                                Quarterly Summary, a State must                         through the open source review for the                reporting requirements will be subject to
                                                complete and submit by the same                         relevant quarter. States will have until              a penalty of 10% of its Byrne JAG
                                                reporting deadline an Incident Report                   the following quarter’s reporting                     award, consistent with the statutory
                                                (Form DCR–1A or DCR–1B depending                        deadline to submit an Incident Report                 language of the DCRA. This penalty, if
                                                on the agency involved or that had                      (Form DCR–1A or DCR–1B) for any                       applied, would reduce the State’s Byrne
                                                custody of the defendant at the time of                 reportable death identified on the Open               JAG award for the following fiscal year.
                                                death), which contains specific                         Source Summary that was NOT reported                  The penalty will be applied to the
                                                information on the circumstances of the                 by the State on the Quarterly Summary                 portion of the Byrne JAG award that is
                                                death and additional characteristics of                 (Form DCR–1). If a death identified in                allocated to and controlled by the State,
                                                the decedent. These include:                            the Open Source Summary is                            and not to amounts allocated to
                                                   • The decedent’s name, date of birth,                determined by the State to not be                     localities. The noncompliant State’s
                                                gender, and other demographic                           reportable under the DCRA, the State                  penalty amount will be reallocated in
                                                information.                                            must so indicate, also by the following
                                                   • The date, time, and location of the                                                                      accordance with Byrne JAG formula
                                                                                                        quarter’s reporting deadline.                         calculations to States that have been
                                                death.
                                                   • The law enforcement or                               Example. A State submits its second                 found to be in compliance for the
                                                                                                        quarter Quarterly Summary (Form DCR–1)                corresponding fiscal year.
                                                correctional agency involved.                           and corresponding Incident Reports by the
                                                   • Precipitating events and reason for                reporting deadline—April 30. By May 15,                  A noncompliant State, however, will
                                                law enforcement personnel’s initial                     DOJ will send to the State the Open Source            have the opportunity, in lieu of the
                                                contact with the decedent (e.g., whether                Summary (Form DCR–2) that lists second                imposition of a 10% penalty, to elect to
                                                the decedent committed or allegedly                     quarter reportable deaths identified through          redirect a portion of its Byrne JAG
                                                committed any crimes).                                  the open source review. The State will have           award to use within the State to assess
                                                   • The decedent’s behavior during the                 until the third quarter reporting deadline—
                                                                                                        July 31—to submit an Incident Report for any
                                                                                                                                                              and improve its DCRA collection. The
                                                incident (e.g., whether the decedent
                                                                                                        deaths on the Open Source Summary for                 amount a State can voluntarily redirect
                                                threatened or assaulted anyone;
                                                                                                        which an Incident Report was not previously           internally under this ‘‘pre-penalty’’
                                                exhibited mental health or substance
                                                                                                        submitted.                                            option is as follows: for the first two
                                                abuse issues; or possessed or appeared
                                                to possess a weapon).                                      (4) State Data Collection Plan. By the             noncompliance determinations, 5% of
                                                   • Law enforcement actions during the                 first day of each fiscal year, each State             the State portion of its Byrne JAG
                                                incident (e.g., engaged in pursuit or                   must submit to DOJ its plan for                       award; for any subsequent
                                                restraint tactics; used force; discharged               collecting the required information on                noncompliance determinations, 10%.
                                                a firearm, and if so, how many shots                    reportable deaths on a quarterly basis                There is no limit to the number of times
                                                were fired; the number of officers                      that achieves maximum timeliness,                     a State may choose the ‘‘pre-penalty’’
                                                responding to the incident).                            accuracy, and completeness. The State                 option.
                                                   • Manner of death.                                   Data Collection Plan should include, at                  Example. State X fails to submit two
                                                   States must answer all questions on                  a minimum, a description of how the                   Quarterly Summaries in fiscal year 2019 and
                                                the Incident Report before it can submit                State will communicate with relevant                  is thus found to be not in compliance.
                                                the form. If information about a death is               law enforcement and correctional                      Instead of being penalized for
                                                unavailable due to an ongoing criminal                  agencies within its jurisdiction, receive             noncompliance, State X may choose the pre-
                                                or internal affairs investigation, the                  accurate and complete information on                  penalty option and use 5% of its fiscal year
                                                State may select the ‘‘unavailable,                     reportable deaths, and conduct                        2020 Byrne JAG award allocated to the State
                                                pending investigation’’ answer, if                      appropriate follow up to ensure                       to improve its DICRA collection efforts. If
                                                available. The State then must identify                 reliability of the information                        State X does not choose the pre-penalty
                                                the type of investigation, which agency                 transmitted. Each State must also                     option, the State portion of its fiscal year
                                                is conducting the investigation, and                    identify a point of contact responsible               2020 Byrne JAG award is reduced by 10%
                                                when the investigation is expected to be                for submitting the information to DOJ.                and reallocated to States that were found to
                                                completed. If the State does not have                   On an annual basis, the State must                    be in compliance for fiscal year 2019.
                                                sufficient information to complete one                  review its plan and update it as                         Should a State encounter an
                                                of the questions, then the State may                    necessary. States will not be required to
                                                                                                                                                              extraordinary circumstance preventing
                                                select the ‘‘unknown’’ answer, if                       submit its Data Collection Plans for FY
                                                                                                                                                              it from completing any of the DCRA
                                                available, and then identify when the                   2017, but will be required to submit one
                                                information is anticipated to be                                                                              requirements (e.g., a natural disaster
                                                                                                        for FY 2018 and update it thereafter.
                                                obtained. An ‘‘unknown’’ response is                    Information on State Data Collection                  that compromises a State’s data
                                                valid only if the State has contacted the               Plans will aid DOJ in assisting States                collection and reporting infrastructure),
                                                law enforcement or correctional agency                  that are seeking to improve their                     the State may submit a letter to DOJ
                                                involved in the death and the                           collection plans and help DOJ evaluate                signed by its Governor certifying the
                                                information is not known to that agency.                the reliability of all data collected. DOJ            reason for noncompliance and
                                                For ‘‘under investigation’’ or                          will make each State Data Collection                  requesting specific relief. In considering
                                                ‘‘unknown’’ responses, States are                       Plan available to the public but will not             such requests, DOJ will be guided by
                                                                                                                                                              analyzing, among other things, the
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                                                expected to provide that information                    assess the merits of the plan for
                                                when it becomes available, and DOJ will                 compliance purposes.                                  severity of the described extenuating
                                                follow up with States in subsequent                                                                           circumstances, past history, if any, of
                                                                                                        Compliance Determination                              the State’s compliance with DCRA
                                                reporting periods to update previous
                                                entries.                                                  Beginning with FY 2018, DOJ will                    requirements, and the State’s
                                                   (3) Open Source Summary. Within 15                   determine on an annual basis whether                  description of how it plans to modify its
                                                days after each reporting deadline, DOJ                 States have complied with the DCRA by                 processes to address the extenuating
                                                will send to each State an Open Source                  completing the four requirements listed               circumstance.


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                                                91952                      Federal Register / Vol. 81, No. 243 / Monday, December 19, 2016 / Notices

                                                Collection of Data From FY 2016 and                     to complete each corresponding                        DEPARTMENT OF LABOR
                                                the First Two Quarters of FY 2017                       Incident Reports (DCR–1A) for a total of
                                                                                                        475.00 hours, and 4.00 hours for the                  Employment and Training
                                                  To collect data from FY 2016 and the
                                                                                                        Open Source Summaries (DCR–2) for a                   Administration
                                                1st and 2nd Quarters of FY 2017, DOJ
                                                will send an Open Source Summary to                     total of 224.00 hours. Additionally,
                                                                                                                                                              Notice of Intent To Renew the Advisory
                                                States, which will contain all reportable               States must develop the State Data
                                                                                                                                                              Committee on Apprenticeship (ACA)
                                                deaths identified though the open                       Collection Plan in FY2017 to meet the
                                                                                                                                                              Charter
                                                source review as occurring during that                  October 1, 2017, deadline. The
                                                timeframe and that did not occur in or                  estimated burden is 160.00 hours for a                AGENCY: Employment and Training
                                                under the jurisdiction of jails, prisons,               total of 8,960.00 hours. For LEAs in FY               Administration (ETA), Labor.
                                                or other correctional facilities. DOJ will              2017, the estimated burden to assist                  ACTION: Notice.
                                                send the Open Source Summary by May                     States in completing the Quarterly
                                                                                                                                                              SUMMARY:    The Secretary of Labor has
                                                31, 2017. DOJ will request States to                    Summaries is 0.40 hours per Report for
                                                                                                                                                              determined that the renewal of the
                                                submit Incident Reports for each of the                 a total of 848.00 hours, and a total of
                                                                                                                                                              Advisory Committee on Apprenticeship
                                                identified deaths by November 30, 2017.                 1,425.00 hours, at 0.75 hours for each
                                                                                                                                                              is necessary and in the public interest.
                                                Reportable deaths that occurred in jails,               corresponding Incident Report.                        The Department of Labor intends to
                                                prisons, or other correctional facilities                  For FY2018, the total projected                    renew the ACA Charter with revisions.
                                                during 2016 and 2017 will be captured                   respondent burden is 14,428.49 hours.                 The revisions are not intended to
                                                through BJS’ existing jails and prisons                 The increase over FY 2017 is due to                   change the purpose or the Committee’s
                                                collections. DOJ will not be making any                                                                       original intent. The revisions are a
                                                                                                        requiring reportable deaths from jails
                                                compliance determinations or assessing                                                                        routine updating of the Charter to
                                                                                                        and prisons in addition to arrest-related
                                                penalties on States based on States’                                                                          ensure closer alignment with the
                                                                                                        deaths but is offset by the need for each
                                                reporting of FY 2016 or FY 2017 data.                                                                         Department’s current apprenticeship
                                                                                                        State to devote approximately
                                                Publicly Available Information                          significantly less time—approximately                 expansion goals.
                                                   To advance DCRA’s aims of                            8.00 hours, for a total of 448.00 hours—              FOR FURTHER INFORMATION CONTACT: The
                                                transparency and evidence-based policy                  to update instead of develop its State                Designated Federal Officer, Mr. Daniel
                                                development, DOJ will release certain                   Data Collection Plan. Additionally,                   Villao, Deputy Administrator for
                                                information to the public each fiscal                   based on the same per report estimates                National Office Policy, Office of
                                                year, including the State plans, the                    described for FY 2017, the projected                  Apprenticeship, Employment and
                                                number of deaths reported for each                      aggregate burden for States is 4,480.00               Training Administration, U.S.
                                                agency and facility, and data on the                    hours to complete the Quarterly                       Department of Labor, 200 Constitution
                                                circumstances surrounding those                         Summaries (DCR–1), 1,713.49 hours to                  Avenue NW., Room C–5321,
                                                deaths. The information released would                  complete the corresponding Incident                   Washington, DC 20210, Telephone:
                                                otherwise be subject to public                          Reports (DCR–1A and DCR–1B), and                      (202) 693–2796 (this is not a toll-free
                                                disclosure under the Freedom of                         224.00 hours to complete the Open                     number).
                                                Information Act. The release will be                    Source Summaries (DCR–2).                             SUPPLEMENTARY INFORMATION: Registered
                                                consistent with Department policies and                    For LEAs in FY 2018, the estimated                 Apprenticeship is a unique public
                                                any applicable federal laws, including                  burden to assist States in completing the             private partnership that is highly
                                                federal privacy laws, and will not                      Quarterly Summaries is a total of                     dependent on the engagement and
                                                contain personally identifiable                         1,696.00 hours, while the total to assist             involvement of its stakeholders and
                                                information.                                            States in completing Incident Reports                 partners for its ongoing operational
                                                   (5) An estimate of the total number of               remains 1,425.00 hours. The estimated                 effectiveness. Apart from the ACA, there
                                                respondents and the amount of time                      burden for jails is a total of 960.00 hours           is no single organization or group with
                                                estimated for an average respondent to                  to assist States in completing the                    the broad representation of labor,
                                                respond: For purposes of this burden                                                                          employers, and the public available to
                                                                                                        Quarterly Summaries and 789.75 hours
                                                calculation, it is estimated that for each                                                                    consider the complexities and
                                                                                                        in completing Incident Reports. Finally,
                                                fiscal year there will be a total of 1900                                                                     relationship of apprenticeship activities
                                                                                                        the estimated burden for prisons to
                                                reportable deaths by 1,060 LEAs, 1,053                                                                        to other training efforts or to provide
                                                                                                        assist States in completing the Quarterly
                                                reportable deaths by 600 jails, and 3,483                                                                     advice on such matters to the Secretary.
                                                                                                        Summaries is a total of 80.00 hours, and
                                                reportable deaths by prisons.                                                                                 It is particularly important to have such
                                                                                                        a total of 2,612.25 hours to assist States            considerations at this time in light of the
                                                   For FY 2016, the total projected
                                                respondent burden is 2,124.00 hours.                    in completing Incident Reports.                       current national interest in
                                                For States to review and complete the                      If additional information is required              apprenticeship and the Department of
                                                Open Source Summary (DCR–2) at 4.00                     contact: Jerri Murray, Department                     Labor’s goal to double the number of
                                                hours per Summary and to complete the                   Clearance Officer, United States                      apprentices across the country, in the
                                                corresponding Incident Reports (DCR–                    Department of Justice, Justice                        next five years by expanding into a
                                                1A) at 0.25 hours per Report, the total                 Management Division, Policy and                       variety of non-traditional industries.
                                                estimated burden is 475.00 hours. For                   Planning Staff, Two Constitution                      The ACA’s insight and
                                                LEAs, the estimated burden to assist                    Square, 145 N Street NE., 3E.405B,                    recommendations on the best ways to
                                                States in completing Incident Reports is                                                                      grow apprenticeship to meet the
sradovich on DSK3GMQ082PROD with NOTICES




                                                                                                        Washington, DC 20530.
                                                0.75 hours per Report for a total of                      Dated: December 13, 2016.
                                                                                                                                                              emerging skill needs of employers is
                                                1,425.00 hours.                                                                                               critical. For these reasons, the Secretary
                                                   For FY 2017, the total projected                     Jerri Murray,                                         of Labor has determined that the
                                                respondent burden is 14,172 hours.                      Department Clearance Officer for PRA, U.S.            renewal of a national advisory
                                                States will need an estimated 4.00 hours                Department of Justice.                                committee on apprenticeship is
                                                to complete each Quarterly Summary                      [FR Doc. 2016–30396 Filed 12–16–16; 8:45 am]          necessary and in the public interest. The
                                                for a total of 2,240.00 hours, 0.25 hours               BILLING CODE 4410–18–P                                ACA Charter is being renewed to


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Document Created: 2016-12-17 03:15:52
Document Modified: 2016-12-17 03:15:52
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 February 17, 2017.
ContactIf you have additional comments especially on the estimated public burden or associated response time, suggestions, or need a copy of the proposed information collection instrument with instructions or additional information, please contact Chris Casto, Bureau of Justice Assistance, 810 Seventh Street NW., Washington, DC 20531 (email: [email protected]; telephone: 202- 616-6500).
FR Citation81 FR 91948 

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