81_FR_96770 81 FR 96519 - Agency Information Collection Activities; Proposed eCollection eComments Requested; A Newly Approved Data Collection National Use-of-Force Data Collection

81 FR 96519 - Agency Information Collection Activities; Proposed eCollection eComments Requested; A Newly Approved Data Collection National Use-of-Force Data Collection

DEPARTMENT OF JUSTICE

Federal Register Volume 81, Issue 251 (December 30, 2016)

Page Range96519-96521
FR Document2016-31697

The Department of Justice, Federal Bureau of Investigation, Criminal Justice Information Services Division (CJIS) has submitted the following Information Collection Request to the Office of Management and Budget (OMB) for review and clearance in accordance with the established review procedures of the Paperwork Reduction Act of 1995. The proposed information collection is published to obtain comments from the public and affected agencies. This proposed information collection was previously published in the Federal Register on October 5, 2016, Volume 81, Number 193, Pages 69084-69087 allowing for a 60-day comment period.

Federal Register, Volume 81 Issue 251 (Friday, December 30, 2016)
[Federal Register Volume 81, Number 251 (Friday, December 30, 2016)]
[Notices]
[Pages 96519-96521]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-31697]


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

DEPARTMENT OF JUSTICE

[OMB Number 1110-0057]


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

AGENCY: Federal Bureau of Investigation, Department of Justice.

ACTION: 30-Day notice.

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

SUMMARY: The Department of Justice, Federal Bureau of Investigation, 
Criminal Justice Information Services Division (CJIS) has submitted the 
following Information Collection Request to the Office of Management 
and Budget (OMB) for review and clearance in accordance with the 
established review procedures of the Paperwork Reduction Act of 1995. 
The proposed information collection is published to obtain comments 
from the public and affected agencies. This proposed information 
collection was previously published in the Federal Register on October 
5, 2016, Volume 81, Number 193, Pages 69084-69087 allowing for a 60-day 
comment period.

DATES: Comments are encouraged and will be accepted for an additional 
days until January 30, 2017.

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

SUPPLEMENTARY INFORMATION: Written comments and suggestions from the 
public and affected agencies concerning the proposed collection of 
information are encouraged. Your comments should address one or more of 
the following four points:

--Evaluate whether the proposed collection of information is necessary 
for the proper performance of the functions of the agency, including 
whether the information will have practical utility;
--Evaluate the accuracy of the agency's estimate of the burden of the 
proposed collection of information, including the validity of the 
methodology and assumptions used;
--Enhance the quality, utility, and clarity of the information to be 
collected; and/or
--Minimize the burden of the collection of information on those who are 
to respond, including through the use of appropriate automated, 
electronic, mechanical, or other technological collection techniques or 
other forms of information technology, e.g., permitting electronic 
submission of responses.

Overview of This Information Collection

    1. Type of Information Collection: New collection.
    2. The Title of the Form/Collection: National Use-of-Force Data 
Collection.
    3. The agency form number: The form number is unnumbered. The 
applicable component within the DOJ is the FBI CJIS Division.
    4. Affected public who will be asked or required to respond, as 
well as a brief abstract:
    Primary: Local, state, tribal, and federal law enforcement 
agencies.
    Other: Local, state, tribal, and federal government.
    Abstract: The FBI has a long-standing tradition of providing crime 
statistics collected from local, state, tribal, and federal law 
enforcement agencies on Law Enforcement Officers Killed and Assaulted 
(LEOKA) and justifiable homicides which enable transparency and 
accountability. To provide a better understanding of the incidents of 
use of force by law enforcement, the Uniform Crime Reporting (UCR) 
Program is proposing a new data collection for law enforcement agencies 
to provide information on incidents where use of force by a law 
enforcement officer (as defined by the LEOKA Program) has led to the 
death or serious bodily injury of a person, as well as when a law 
enforcement officer discharges a firearm at or in the direction of a 
person.
    The current LEOKA definition of a law enforcement officer is: ``All 
local, county, state, and federal law enforcement officers (such as 
municipal, county police officers, constables, state police, highway 
patrol, sheriffs, their deputies, federal law enforcement officers, 
marshals, special agents, etc.) who are sworn by their respective 
government authorities to uphold the law and to safeguard the rights, 
lives, and property of American citizens. They must have full arrest 
powers and be members of a public governmental law enforcement agency, 
paid from government funds set aside specifically for payment to sworn 
police law enforcement organized for the purposes of keeping order and 
for preventing and

[[Page 96520]]

detecting crimes, and apprehending those responsible.''
    The definition of ``serious bodily injury'' will be based, in part, 
on 18 United States Code (U.S.C.), Section 2246 (4), to mean ``bodily 
injury that involves a substantial risk of death, unconsciousness, 
protracted and obvious disfigurement, or protracted loss or impairment 
of the function of a bodily member, organ, or mental faculty.'' These 
actions include the use of a firearm; an electronic control weapon 
(e.g., Taser); an explosive device; pepper or OC (oleoresin capsicum) 
spray or other chemical agent; a baton; an impact projectile; a blunt 
instrument; hands-fists-feet; or canine.
    Local, state, tribal and federal law enforcement agencies will 
provide information on characteristics of the incident, subjects of the 
use of force, and the officers that applied force in the incident. 
Agencies will also be asked to positively affirm, on a monthly basis, 
whether they did or did not have any use of force that resulted in a 
fatality, a serious bodily injury to a person, or firearm discharges at 
or in the direction of a person. Enrollment information from agencies 
and state points of contact will be collected at the initiation of the 
collection and updated no less than annually to assist with the 
managing of this data. The process for developing a robust national 
collection on use of force involves a multistage, collaborative 
approach. With this request, the FBI proposes a pilot study. The pilot 
study will be conducted in two phases, each with its own focus. The 
pilot study design will be informed by pretesting activities conducted 
under the FBI's generic clearance [OMB 1110-0057] as discussed briefly 
here. Both pretesting and pilot efforts will rely upon effective 
collaboration between the FBI and the Bureau of Justice Statistics 
(BJS) to achieve and maintain a high level of data quality in an 
efficient manner.

Pretesting

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

Pilot

    The purpose of the pilot study is to evaluate the quality of 
information collected through the use-of-force data collection tool 
against information collected through coding of state law enforcement 
records. Instructions and manuals, as well as training modules and 
curricula, all serve to help guide individuals at law enforcement 
agencies to translate their local records into a uniform manner when 
reporting. However, it may be difficult to communicate coding schemes 
based upon a common set of definitions. Therefore, after providing 
basic instructions to respondents, the pilot study will evaluate the 
accuracy of codes assigned by respondents to identify concepts with 
less consensus across locations and types of law enforcement agencies 
and thereby improve coding instructions. Potential sources of 
nonresponse and incomplete information will also be evaluated. Both 
phases of the pilot will include a set of target agencies and states 
that will allow for sufficient data to evaluate intercoder reliability 
in the application of definitions and guidance. The phases of the pilot 
differ by the mode of submission for incident data, the addition of 
site visits, and the number of sites recruited.

Phase 1

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

Phase II

    The second phase of the pilot will include the set of agencies 
recruited for the first phase, as well as two additional states 
recruited to provide their use-of-force data in a bulk data submission. 
These states will be nominated based upon the information gained from 
the canvass of state UCR program managers during pretesting. The FBI 
will also continue to accept agencies and states that voluntarily 
provide data to the data collection.
    In addition to the records review and comparison begun during Phase 
1, Phase II will include targeted, on-site visits with a subsample of 
pilot agencies. The subsample will be selected to include different 
geographic areas. The primary goal of the on-site visits is to 
ascertain the level and source of underreporting of within-scope 
incidents--especially those with serious bodily injury or firearm 
discharges. The on-site visits will also allow for an assessment of 
local record-keeping capabilities and changes to the data collection 
process.
    At the conclusion of Phase II, the FBI will release a report 
detailing the results of its data collection, analysis, and 
recommendations to inform the design of a main study.
    5. An estimate of the total number of respondents and the amount of 
time estimated for an average respondent to respond: An estimated 
701,486 law enforcement officers will participate in the National Use-
of-Force Data Collection. The estimated burden hours per incident is 
0.63 for completion.
    6. An estimate of the total public burden (in hours) associated 
with the collection: Two separate burden estimates are provided for the 
proposed

[[Page 96521]]

collection--one for the pilot study and a second for the annual 
collection to include all law enforcement agencies. Burden estimates 
were based on sources from the FBI UCR Program, the BJS, and the 
Centers for Disease Control (CDC). The BJS has recently estimated that 
approximately 1,400 fatalities attributed to a law enforcement use of 
force occur annually (Planty, et al., 2015, Arrest-Related Deaths 
Program: Data Quality Profile, http://www.bjs.gov/index.cfm?ty=pbdetail&iid=5260). In addition, the CDC estimates the 
incidences of fatal and nonfatal injury--including those due to legal 
intervention--from emergency department data. In their piece entitled, 
``The real risks during deadly police shootouts: Accuracy of the 
na[iuml]ve shooter,'' Lewinski, et al. (2015) estimates law enforcement 
officers miss their target approximately 50 percent of the time at the 
firing range and was used as a simple estimate for the number of 
firearm discharges at or in the direction of a person, but did not 
strike the individual. In addition, the UCR Program collects counts of 
the number of law enforcement sworn and civilian employees in law 
enforcement agencies.
    The table below uses a rate per officer to estimate the anticipated 
number of reports that could be received within the two pilot phases 
and an annual collection. Because the nonfatal injury due to legal 
intervention estimate from the CDC does not provide any overt measure 
of severity, these injuries are estimated to be as high as 82,283 or as 
low as 5,546. Based upon these estimates, the FBI is requesting 52,416 
burden hours for an annual collection of this data.

                                                            Estimated Burden for Pilot Study
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                    Annual rate per officer         Estimated number of       Estimated burden hours
                                                            --------------------------------------       incidents      --------------------------------
                                                                                                  ---------------------- Estimated
             Timeframe                   Reporting group       Approximate                                                 burden
                                                                number of     Maximum    Minimum    Maximum    Minimum   hours per   Maximum    Minimum
                                                                officers                            (3 mos)    (3 mos)    incident
--------------------------------------------------------------------------------------------------------------------------------------------------------
Pilot I (3 months).................  Large agencies........         178,557      0.112      0.012      5,000        536       0.63      3,150        338
                                     Pilot I States........          54,781      0.112      0.012      1,534        165       0.63        966        104
Pilot II (3 months)................  Large agencies........         178,557      0.112      0.012      5,000        554       0.63      3,150        349
                                     Pilot I & II States...          82,172      0.112      0.012      2,300        247       0.63      6,140        156
Pilot Total (6 months).............  --                                  --         --         --     13,834      1,502       0.63     13,406        947
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                         Estimated Burden for All Law Enforcement Agencies in Annual Collection
--------------------------------------------------------------------------------------------------------------------------------------------------------


 
                                                                                                                         Estimated
                                                               Approximate                                                 burden
             Timeframe                   Reporting group        number of     Maximum    Minimum    Maximum    Minimum   hours per   Maximum    Minimum
                                                                officers                                                  incident
--------------------------------------------------------------------------------------------------------------------------------------------------------
Collection (Annual)................  All agencies..........         701,486      0.112      0.012     83,200      8,700       0.63     52,416      5,481
--------------------------------------------------------------------------------------------------------------------------------------------------------

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

    Dated: December 27, 2016.
Melody Braswell,
Department Clearance Officer for PRA, U.S. Department of Justice.
[FR Doc. 2016-31697 Filed 12-29-16; 8:45 am]
BILLING CODE 4410-02-P



                                                                            Federal Register / Vol. 81, No. 251 / Friday, December 30, 2016 / Notices                                            96519

                                                   appropriate automated, electronic,                   DEPARTMENT OF JUSTICE                                 —Enhance the quality, utility, and
                                                   mechanical, or other technological                                                                          clarity of the information to be
                                                                                                        [OMB Number 1110–0057]
                                                   collection techniques or other forms                                                                        collected; and/or
                                                   of information technology, e.g.,                     Agency Information Collection                         —Minimize the burden of the collection
                                                   permitting electronic submission of                                                                         of information on those who are to
                                                                                                        Activities; Proposed eCollection
                                                   responses.                                                                                                  respond, including through the use of
                                                                                                        eComments Requested; A Newly
                                                                                                                                                               appropriate automated, electronic,
                                                Overview of This Information                            Approved Data Collection National
                                                                                                                                                               mechanical, or other technological
                                                                                                        Use-of-Force Data Collection
                                                Collection                                                                                                     collection techniques or other forms
                                                                                                        AGENCY:  Federal Bureau of                             of information technology, e.g.,
                                                  1. Type of Information Collection:                    Investigation, Department of Justice.                  permitting electronic submission of
                                                Extension of a currently approved                       ACTION: 30-Day notice.                                 responses.
                                                collection.
                                                  2. The Title of the Form/Collection:                  SUMMARY:    The Department of Justice,                Overview of This Information
                                                                                                        Federal Bureau of Investigation,                      Collection
                                                Procedures for the Administration of
                                                Section 5 of the Voting Rights Act of                   Criminal Justice Information Services                    1. Type of Information Collection:
                                                1965.                                                   Division (CJIS) has submitted the                     New collection.
                                                                                                        following Information Collection                         2. The Title of the Form/Collection:
                                                  3. The agency form number, if any,                    Request to the Office of Management                   National Use-of-Force Data Collection.
                                                and the applicable component of the                     and Budget (OMB) for review and                          3. The agency form number: The form
                                                Department sponsoring the collection:                   clearance in accordance with the                      number is unnumbered. The applicable
                                                None (Civil Rights Division).                           established review procedures of the                  component within the DOJ is the FBI
                                                  4. Affected public who will be asked                  Paperwork Reduction Act of 1995. The                  CJIS Division.
                                                or required to respond, as well as a brief              proposed information collection is                       4. Affected public who will be asked
                                                abstract: Primary respondents: State,                   published to obtain comments from the                 or required to respond, as well as a brief
                                                Local, or Tribal Government. Other:                     public and affected agencies. This                    abstract:
                                                                                                        proposed information collection was                      Primary: Local, state, tribal, and
                                                None. Abstract: Jurisdictions specially                                                                       federal law enforcement agencies.
                                                covered under the Voting Rights Act are                 previously published in the Federal
                                                                                                        Register on October 5, 2016, Volume 81,                  Other: Local, state, tribal, and federal
                                                required to comply with Sections 3 or                                                                         government.
                                                5 of the Act before they may implement                  Number 193, Pages 69084–69087
                                                                                                        allowing for a 60-day comment period.                    Abstract: The FBI has a long-standing
                                                any change in a standard, practice, or                                                                        tradition of providing crime statistics
                                                procedure affecting voting. One option                  DATES: Comments are encouraged and
                                                                                                                                                              collected from local, state, tribal, and
                                                for such compliance is to submit that                   will be accepted for an additional days               federal law enforcement agencies on
                                                change to Attorney General for review                   until January 30, 2017.                               Law Enforcement Officers Killed and
                                                and establish that the proposed voting                  FOR FURTHER INFORMATION CONTACT: To                   Assaulted (LEOKA) and justifiable
                                                changes are not racially discriminatory.                ensure that comments on the                           homicides which enable transparency
                                                The procedures facilitate the provision                 information collection are received,                  and accountability. To provide a better
                                                of information that will enable the                     OMB recommends that written                           understanding of the incidents of use of
                                                                                                        comments be emailed to useofforce                     force by law enforcement, the Uniform
                                                Attorney General to make the required
                                                                                                        publicnotice@ic.fbi.gov.                              Crime Reporting (UCR) Program is
                                                determination.                                            If you have additional comments                     proposing a new data collection for law
                                                  5. An estimate of the total number of                 especially on the estimated public                    enforcement agencies to provide
                                                respondents and the amount of time                      burden or associated response time,                   information on incidents where use of
                                                estimated for an average respondent to                  suggestions, or copy of the proposed                  force by a law enforcement officer (as
                                                respond: It is estimated that 1                         information collection instrument with                defined by the LEOKA Program) has led
                                                respondent will complete each form                      instructions or additional information,               to the death or serious bodily injury of
                                                within approximately 3.0 hours.                         please contact Ms. Amy Blasher, Unit                  a person, as well as when a law
                                                  6. An estimate of the total public                    Chief, FBI CJIS Division, Module D–3,                 enforcement officer discharges a firearm
                                                burden (in hours) associated with the                   1000 Custer Hollow Road, Clarksburg,                  at or in the direction of a person.
                                                                                                        West Virginia 26306.                                     The current LEOKA definition of a
                                                collection: The estimated public burden
                                                                                                        SUPPLEMENTARY INFORMATION: Written                    law enforcement officer is: ‘‘All local,
                                                associated with this collection is 3.0
                                                total hours.                                            comments and suggestions from the                     county, state, and federal law
                                                                                                        public and affected agencies concerning               enforcement officers (such as municipal,
                                                  If additional information is required                 the proposed collection of information                county police officers, constables, state
                                                contact: Melody D. Braswell,                            are encouraged. Your comments should                  police, highway patrol, sheriffs, their
                                                Department Clearance Officer, United                    address one or more of the following                  deputies, federal law enforcement
                                                States Department of Justice, Justice                   four points:                                          officers, marshals, special agents, etc.)
                                                Management Division, Policy and                         —Evaluate whether the proposed                        who are sworn by their respective
                                                Planning Staff, Two Constitution                           collection of information is necessary             government authorities to uphold the
                                                Square, 145 N Street NE., 3E.405A,                         for the proper performance of the                  law and to safeguard the rights, lives,
                                                Washington, DC 20530.                                      functions of the agency, including                 and property of American citizens. They
srobinson on DSK5SPTVN1PROD with NOTICES




                                                  Dated: December 27, 2016.                                whether the information will have                  must have full arrest powers and be
                                                                                                           practical utility;                                 members of a public governmental law
                                                Melody D. Braswell,
                                                                                                        —Evaluate the accuracy of the agency’s                enforcement agency, paid from
                                                Department Clearance Officer for PRA, U.S.                 estimate of the burden of the                      government funds set aside specifically
                                                Department of Justice.
                                                                                                           proposed collection of information,                for payment to sworn police law
                                                [FR Doc. 2016–31691 Filed 12–29–16; 8:45 am]               including the validity of the                      enforcement organized for the purposes
                                                BILLING CODE 4410–13–P                                     methodology and assumptions used;                  of keeping order and for preventing and


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                                                96520                       Federal Register / Vol. 81, No. 251 / Friday, December 30, 2016 / Notices

                                                detecting crimes, and apprehending                      bodily harm), testing of questionnaire                information will be redacted of any
                                                those responsible.’’                                    design (to better assess respondent                   personally identifiable information prior
                                                   The definition of ‘‘serious bodily                   burden and functionality), and a                      to being forwarded to the FBI, and all
                                                injury’’ will be based, in part, on 18                  canvass of state UCR program managers                 local records will be destroyed upon
                                                United States Code (U.S.C.), Section                    (to assist with developing the sample                 completion of the pilot study.
                                                2246 (4), to mean ‘‘bodily injury that                  frame for the proposed pilot). Cognitive                 The goal of this review is to ascertain
                                                involves a substantial risk of death,                   testing was conducted in a manner to                  whether the agencies are applying the
                                                unconsciousness, protracted and                         capture differences in measurement by                 definitions and using the provided
                                                obvious disfigurement, or protracted                    region and law enforcement agency                     instructions in a uniform manner. The
                                                loss or impairment of the function of a                 type, should they exist. Testing of                   records review and comparison will also
                                                bodily member, organ, or mental                         questionnaire design includes follow-up               identify problematic areas where
                                                faculty.’’ These actions include the use                with respondents to assess any                        instructions need more detail or more
                                                of a firearm; an electronic control                     difficulty with definitions or                        training should be provided to agencies.
                                                weapon (e.g., Taser); an explosive                      administration. Canvassing state UCR                  The data will also be used in the
                                                device; pepper or OC (oleoresin                         programs indicates the means by which                 planning of the second phase of the
                                                capsicum) spray or other chemical                       use-of-force statistics are reported—                 pilot that will involve a site visit to a
                                                agent; a baton; an impact projectile; a                 either through the UCR Program itself or              subset of agencies. Finally, the FBI will
                                                blunt instrument; hands-fists-feet; or                  directly from state and local law                     work with state UCR program managers
                                                canine.                                                 enforcement agencies.                                 in the pilot states to identify any
                                                   Local, state, tribal and federal law                                                                       potential problems with local and state
                                                enforcement agencies will provide                       Pilot                                                 record-keeping that impedes the ability
                                                information on characteristics of the                     The purpose of the pilot study is to                to provide the use-of-force information
                                                incident, subjects of the use of force,                 evaluate the quality of information                   to the FBI.
                                                and the officers that applied force in the              collected through the use-of-force data
                                                incident. Agencies will also be asked to                collection tool against information                   Phase II
                                                positively affirm, on a monthly basis,                  collected through coding of state law                   The second phase of the pilot will
                                                whether they did or did not have any                    enforcement records. Instructions and                 include the set of agencies recruited for
                                                use of force that resulted in a fatality, a             manuals, as well as training modules                  the first phase, as well as two additional
                                                serious bodily injury to a person, or                   and curricula, all serve to help guide                states recruited to provide their use-of-
                                                firearm discharges at or in the direction               individuals at law enforcement agencies               force data in a bulk data submission.
                                                of a person. Enrollment information                     to translate their local records into a               These states will be nominated based
                                                from agencies and state points of contact               uniform manner when reporting.                        upon the information gained from the
                                                will be collected at the initiation of the              However, it may be difficult to                       canvass of state UCR program managers
                                                collection and updated no less than                     communicate coding schemes based                      during pretesting. The FBI will also
                                                annually to assist with the managing of                 upon a common set of definitions.                     continue to accept agencies and states
                                                this data. The process for developing a                 Therefore, after providing basic                      that voluntarily provide data to the data
                                                robust national collection on use of                    instructions to respondents, the pilot                collection.
                                                force involves a multistage,                            study will evaluate the accuracy of                     In addition to the records review and
                                                collaborative approach. With this                       codes assigned by respondents to                      comparison begun during Phase 1,
                                                request, the FBI proposes a pilot study.                identify concepts with less consensus                 Phase II will include targeted, on-site
                                                The pilot study will be conducted in                    across locations and types of law                     visits with a subsample of pilot
                                                two phases, each with its own focus.                    enforcement agencies and thereby                      agencies. The subsample will be
                                                The pilot study design will be informed                 improve coding instructions. Potential                selected to include different geographic
                                                by pretesting activities conducted under                sources of nonresponse and incomplete                 areas. The primary goal of the on-site
                                                the FBI’s generic clearance [OMB 1110–                  information will also be evaluated. Both              visits is to ascertain the level and source
                                                0057] as discussed briefly here. Both                   phases of the pilot will include a set of             of underreporting of within-scope
                                                pretesting and pilot efforts will rely                  target agencies and states that will allow            incidents—especially those with serious
                                                upon effective collaboration between                    for sufficient data to evaluate intercoder            bodily injury or firearm discharges. The
                                                the FBI and the Bureau of Justice                       reliability in the application of                     on-site visits will also allow for an
                                                Statistics (BJS) to achieve and maintain                definitions and guidance. The phases of               assessment of local record-keeping
                                                a high level of data quality in an                      the pilot differ by the mode of                       capabilities and changes to the data
                                                efficient manner.                                       submission for incident data, the                     collection process.
                                                                                                        addition of site visits, and the number                 At the conclusion of Phase II, the FBI
                                                Pretesting
                                                                                                        of sites recruited.                                   will release a report detailing the results
                                                   Pretesting activities were conducted                                                                       of its data collection, analysis, and
                                                prior to the initiation of a pilot study                Phase 1
                                                                                                                                                              recommendations to inform the design
                                                and allowed for finalization of the data                  The first phase of the pilot will                   of a main study.
                                                collection instructions and associated                  provide a prospective comparison of                     5. An estimate of the total number of
                                                instructions before the pilot data                      reported incidents in the use-of-force                respondents and the amount of time
                                                collection. These activities provided the               data collection through the use-of-force              estimated for an average respondent to
                                                preliminary information needed to both                  data collection tool to the original                  respond: An estimated 701,486 law
                                                construct the sample of targeted                        records voluntarily provided by the                   enforcement officers will participate in
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                                                agencies for the pilot study and identify               reporting agency to the FBI. Those                    the National Use-of-Force Data
                                                early problem areas that could be                       agencies that are recruited and agree to              Collection. The estimated burden hours
                                                resolved prior to formal testing. The                   participate in the pilot study will                   per incident is 0.63 for completion.
                                                pretesting consisted of three parts:                    understand that local records will be                   6. An estimate of the total public
                                                Cognitive testing of survey items                       forwarded to the FBI upon submission                  burden (in hours) associated with the
                                                (including those relating to the time of                of statistical information to the use of              collection: Two separate burden
                                                the incident and measures of serious                    force data collection tool. The local case            estimates are provided for the proposed


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                                                                                     Federal Register / Vol. 81, No. 251 / Friday, December 30, 2016 / Notices                                                                     96521

                                                collection—one for the pilot study and                                       including those due to legal                               of law enforcement sworn and civilian
                                                a second for the annual collection to                                        intervention—from emergency                                employees in law enforcement agencies.
                                                include all law enforcement agencies.                                        department data. In their piece entitled,                    The table below uses a rate per officer
                                                Burden estimates were based on sources                                       ‘‘The real risks during deadly police                      to estimate the anticipated number of
                                                from the FBI UCR Program, the BJS, and                                       shootouts: Accuracy of the naı̈ve                          reports that could be received within
                                                the Centers for Disease Control (CDC).                                       shooter,’’ Lewinski, et al. (2015)                         the two pilot phases and an annual
                                                The BJS has recently estimated that                                          estimates law enforcement officers miss                    collection. Because the nonfatal injury
                                                approximately 1,400 fatalities attributed                                    their target approximately 50 percent of                   due to legal intervention estimate from
                                                to a law enforcement use of force occur                                      the time at the firing range and was used                  the CDC does not provide any overt
                                                annually (Planty, et al., 2015, Arrest-                                      as a simple estimate for the number of                     measure of severity, these injuries are
                                                Related Deaths Program: Data Quality                                         firearm discharges at or in the direction                  estimated to be as high as 82,283 or as
                                                Profile, http://www.bjs.gov/                                                 of a person, but did not strike the                        low as 5,546. Based upon these
                                                index.cfm?ty=pbdetail&iid=5260). In                                                                                                     estimates, the FBI is requesting 52,416
                                                                                                                             individual. In addition, the UCR
                                                addition, the CDC estimates the                                                                                                         burden hours for an annual collection of
                                                                                                                             Program collects counts of the number
                                                incidences of fatal and nonfatal injury—                                                                                                this data.
                                                                                                                             ESTIMATED BURDEN FOR PILOT STUDY
                                                                                                                                                 Annual rate per officer            Estimated number of         Estimated burden hours
                                                                                                                                                                                         incidents
                                                                                                                                                                                                            Estimated
                                                            Timeframe                              Reporting group                       Approximate                                                          burden
                                                                                                                                          number of       Maximum        Minimum    Maximum      Minimum                Maximum    Minimum
                                                                                                                                                                                                            hours per
                                                                                                                                           officers                                  (3 mos)     (3 mos)     incident

                                                Pilot I (3 months) ...................   Large agencies ......................                178,557         0.112         0.012      5,000          536        0.63      3,150          338
                                                                                         Pilot I States ..........................             54,781         0.112         0.012      1,534          165        0.63        966          104
                                                Pilot II (3 months) ..................   Large agencies ......................                178,557         0.112         0.012      5,000          554        0.63      3,150          349
                                                                                         Pilot I & II States ...................               82,172         0.112         0.012      2,300          247        0.63      6,140          156
                                                Pilot Total (6 months) ............      — ...........................................             —             —             —      13,834        1,502        0.63     13,406          947

                                                                                                              Estimated Burden for All Law Enforcement Agencies in Annual Collection

                                                                                                                                                                                                            Estimated
                                                                                                                                         Approximate                                                          burden
                                                            Timeframe                              Reporting group                        number of       Maximum        Minimum    Maximum      Minimum                Maximum    Minimum
                                                                                                                                                                                                            hours per
                                                                                                                                           officers                                                          incident

                                                Collection (Annual) ................     All agencies ...........................             701,486         0.112         0.012     83,200        8,700        0.63     52,416         5,481



                                                  If additional information is required                                      required by the passage and                                respondents are encouraged to use
                                                contact: Ms. Amy Blasher, Unit Chief,                                        implementation of provisions of the                        electronic communications.
                                                United States DOJ, FBI CJIS Division,                                        federal Cybersecurity Enhancement Act
                                                Crime Data Modernization Team,                                               of 2015, which requires the Secretary of                   SUPPLEMENTARY INFORMATION:     Federal
                                                Module D–3, 1000 Custer Hollow Road,                                         the Department of Homeland Security                        statistics provide key information that
                                                Clarksburg, West Virginia 26306.                                             (DHS) to provide Federal civilian                          the Nation uses to measure its
                                                                                                                             agencies’ information technology                           performance and make informed
                                                  Dated: December 27, 2016.
                                                                                                                             systems with cybersecurity protection                      choices about budgets, employment,
                                                Melody Braswell,                                                                                                                        health, investments, taxes, and a host of
                                                                                                                             for their Internet traffic. More details on
                                                Department Clearance Officer for PRA, U.S.                                                                                              other significant topics. Most federal
                                                Department of Justice.                                                       this announcement are presented in the
                                                                                                                             SUPPLEMENTARY INFORMATION section                          surveys are completed on a voluntary
                                                [FR Doc. 2016–31697 Filed 12–29–16; 8:45 am]
                                                                                                                             below.                                                     basis. Respondents, ranging from
                                                BILLING CODE 4410–02–P
                                                                                                                                                                                        businesses to households to institutions,
                                                                                                                             DATES:These revisions become effective                     may choose whether or not to provide
                                                                                                                             on December 30, 2016.                                      the requested information. Many of the
                                                DEPARTMENT OF JUSTICE
                                                                                                                             ADDRESSES:   Questions about this notice                   most valuable federal statistics come
                                                Office of Justice Programs                                                   should be addressed to the Bureau of                       from surveys that ask for highly
                                                                                                                             Justice Statistics, Office of Justice                      sensitive information such as
                                                [OMB Number 1121–NEW]
                                                                                                                             Programs, U.S. Department of Justice,                      proprietary business data from
                                                BJS Confidentiality Pledge Revision                                          ATTN: Allina Lee, 810 7th Street NW.,                      companies or particularly personal
                                                Notice                                                                       Washington, DC 20151.                                      information or practices from
                                                                                                                             FOR FURTHER INFORMATION CONTACT:
                                                                                                                                                                                        individuals. BJS protects all data
                                                AGENCY:  Bureau of Justice Statistics,                                                                                                  collected under its authority under the
                                                Justice.                                                                     Allina Lee by telephone at 202–305–
                                                                                                                             0765 (this is not a toll-free number); by                  confidentiality provisions of 42 U.S.C.
                                                ACTION: 30-Day notice.                                                                                                                  3789g. Strong and trusted
                                                                                                                             email at Allina.Lee@usdoj.gov; or by
srobinson on DSK5SPTVN1PROD with NOTICES




                                                SUMMARY:    The Bureau of Justice                                            mail or courier to the Bureau of Justice                   confidentiality and exclusively
                                                Statistics (BJS), a component of the                                         Statistics, Office of Justice Programs,                    statistical use pledges under Title 42
                                                Office of Justice Programs (OJP) in the                                      U.S. Department of Justice, ATTN:                          U.S.C. 3789g and similar statutes are
                                                U.S. Department of Justice (DOJ), is                                         Allina Lee, 810 7th Street NW.,                            effective and necessary in honoring the
                                                announcing revisions to the                                                  Washington, DC 20151. Because of                           trust that businesses, individuals, and
                                                confidentiality pledge(s) it provides to                                     delays in the receipt of regular mail                      institutions, by their responses, place in
                                                its respondents. These revisions are                                         related to security screening,                             statistical agencies.


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Document Created: 2016-12-30 05:16:20
Document Modified: 2016-12-30 05:16:20
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
Action30-Day notice.
DatesComments are encouraged and will be accepted for an additional days until January 30, 2017.
ContactTo ensure that comments on the information collection are received, OMB recommends that written comments be emailed to [email protected]
FR Citation81 FR 96519 

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