1110-0048_Justification

SUPPORTING STATEMENT

1110-0048

CARGO THEFT INCIDENT REPORT

A revision of this currently approved collection is requested in addition to a 3-year extension.

This form was approved by OMB 05/23/2010. After this form was approved by the OMB, it was disseminated to the FBI Uniform Crime Reporting (UCR) Program's stakeholders (participating law enforcement agencies and state UCR Programs) for implementation. During implementation, the FBI received feedback to include on the form offense and location codes, which would assist contributors when reporting cargo theft and also reduce data processing errors. In addition, grammatical errors were identified and verbiage on the original form were not consistent with UCR policy and reporting guidelines.

The revisions on the existing form are:

1. Under the Administrative Information section, bottom right corner, delete the gray shaded box.

2. Under the Offense(s) section, delete, (Select up to five).

3. Under the Weapon/Force Involved section insert codes after the check box such as: insert 11 before Firearm, insert 11A before Automatic Firearm, insert 12 before Handgun, insert 12A before Automatic Handgun, insert 13 before Rifle, insert 13A before Automatic Rifle, insert 14 before Shotgun, insert 14A before Automatic Shotgun, insert 15 before Other Firearm, insert 15A before Automatic Other, insert 20 before Knife/Cutting Instrument, insert 30 before Blunt Object, insert 35 before Motor Vehicle, insert 40 before Personal Weapons, insert 50 before Poison, insert 60 before Explosives, insert 65 before Fire/Incendiary Device, insert 70 before Drugs/Narcotics/Sleeping Pills, insert 85 before Asphyxiation, insert 90 before Other, insert 95 before Unknown, insert 99 before None, and move all indented check boxes to the left so that they are all left aligned.

4. Under the Victim Information section insert codes after the check box such as: insert I before Business, insert B before Financial Institution, insert F before Government, insert G before Individual, insert R before Law Enforcement, insert S before Other, insert L before Religious Organization, insert O before Social/Public, and insert U before Unknown.

5. After Property Information, delete, (Select up to five).

6. Under Offender Information section change the race order to, White, Black or African American, American Indian or Alaska Native, Asian, Native Hawaiian or Other Pacific Islander, and then Unknown.

7. Under Arrestee Information section, delete the U column under Sex and change the race order to White, Black or African American, American Indian or Alaska Native, Asian, Native Hawaiian or Other Pacific Islander, and then Unknown.

8. In the paragraph at the bottom of page 2, sentence 4, delete the s on the end of Investigations.

9. In the title, Instructions for preparing the Cargo Theft Incident Report, Italicize, Cargo Theft Incident Report.

10. Note should read as:

Note: The Hierarchy Rule does not apply when reporting a cargo theft. If a cargo theft occurs in a multiple-offense incident, the reporting law enforcement agency must first report the cargo theft related offenses and then up to an additional four offense(s).

11. Center and Italicize, Cargo Theft Incident Report.

12. Under the Cargo Theft Incident Report Title, a paragraph should read as: This form should be used to report an incident in which a cargo theft occurred, adjust information in a previously reported incident, delete any incident previously reported, or report zero cargo thefts for the month.

13. The next title should read as: A separate Cargo Theft Incident Report is to be submitted for each cargo theft incident, and this title needs moved up above the paragraph and placed directly under the Cargo Theft Incident Report title.

14. Under Administrative Information, insert, Number, after ORI and in the sentence, delete, Number, after Identifier.

15. After Report Type: delete, Select the appropriate radio dot to, and then capitalize I in indicate, put a period after Zero and delete, as follows:

16. After Initial, delete, Select, capitalize t in to, and lower case Cargo Theft.

17. After Adjustment, delete, Select, capitalize t in to, lower case Cargo Theft, delete, replace with, and insert the word insert.

18. After Delete, delete, Select, capitalize t in to, lower case Cargo Theft, insert, has, after investigation, and then lower case Cargo Theft.

19. After Zero, delete, Select to indicate that, and replace with, To report there was, delete the s on incidents, lower case Cargo Theft, delete occurred, and delete given.

20. After Incident Number:, delete the s on Zero Reports. First sentence, delete Enter the, replace with Provide an and then put a comma after number, and insert, preferably your case or file number. Delete second sentence. Third sentence, put a period after length and then delete, and can be the actual case number or a number assigned purely for UCR purposes.

21. After Incident Date:, put the period inside the parentheses. First sentence, delete, Enter, and replace with, Provide, low case Cargo Theft, put a period after Indicator inside the quotation marks, and then delete, box.

22. After Incident Hour:, delete all three sentences and replace with the following: (Required for Initial and Adjustment Reports.) Provide the hour when the cargo theft incident occurred or started or the beginning of the time period in which it occurred (as appropriate). Military 24-hour time should be used. If the Incident Hour is unknown, the hour should be left blank. If the incident occurred on or between midnight and 0059, 00 should be entered; if on or between 0100 and 0159, 01 should be entered; if on or between 2300 and 2359, 23 should be entered, etc. If the incident occurred at exactly midnight, it is to be considered to have occurred at the beginning of the next day, as if the crime occurred at 1 minute past midnight.

23. After Cleared Exceptionally:, delete, Check to, and capitalize I in Indicate, lower case Cargo Theft. Second sentence, delete, the, before Cleared, delete, box, after Exceptionally and put the period inside of the parenthesis. Third sentence, delete conditions and replace with criteria.

24. Number 1 under Cleared Exceptionally should read as: The investigation definitely established the identity of the offender.

24. Number 2 under Cleared Exceptionally should read as: There is enough information to support an arrest, charge, and turning over to the court for prosecution.

25. Number 3 under Cleared Exceptionally should read as: The exact location of the offender is known so that the subject could be taken into custody.

26. Number 4 under Cleared Exceptionally should read as: There is a reason outside of law enforcement control that precludes arresting, charging, and prosecuting the offender, i.e., the offender is in the custody of another jurisdiction.

27. Offense(s): should read as: UCR Offense: (Required for Initial and Adjustment Reports.) Enter the offenses of the five most serious (as determined by the reporting agency) involved in the incident that was determined to be cargo theft. The menu contains the offenses (listed below) that are specific to cargo theft and must be one of the first offenses entered.

28. The listing Under Offense(s): Insert, Offense, after Fraud, for all four Fraud offenses. Insert, /theft Offense, after Larceny, for all three Larceny offenses.

29. The last sentence under Offense(s): should read as: The remaining (four) menus contain additional Group A offenses that can be entered after the first cargo theft-specific offense has been entered.

30. Location: should read as Location Type:, put the period inside of the parenthesis, lower case Cargo Theft, delete, select, and replace with enter, insert, most, before appropriate, and delete, drop-down.

31. Weapon/Force Involved: should read as Weapon/Force Involved Type:, lower case Cargo Theft. Second and third sentence should read as: Up to three types of weapons/force can be reported for each incident. In addition, if the weapon was an automatic firearm, check the applicable automatic weapon box.

32. Victim Information: Should read as Victim Type:, put the period inside of the parenthesis and lower case Cargo Theft.

33. After Property Information: insert this sentence: (An agency should report property stolen in its jurisdiction. Likewise, the agency that reported the property stolen should also report the property recovered.

34. After Property Description:, put the period inside of the parenthesis. First sentence, delete, Select, and replace with check, delete, drop-down. Second sentence, lower case Cargo Theft, delete, may, and replace with can. Last sentence should read as: If more than five types of property are involved, the values of the four most valuable are to be reported; then, the total of the remaining types of property that were coded as "other" should be entered.

35. After Stolen Value: Third sentence should read as: Only enter (0 through 9) numeric characters. Fourth sentence, delete, may, and replace with can. Fifth sentence, put a comma after then, delete, which, and replace with that, after "other", delete, are to be combined and reported as one total, and insert, should be entered.

36. After Property Recovered:, delete, the corresponding, and delete, (es) on box.

37. After Date Recovered:, second sentence, delete, may, and insert can. Delete entire last sentence.

38. After Recovered Value:, third sentence should read as: Only enter (0 through 9) numeric characters. Delete entire fourth sentence.

39. After Offender Information, put the period inside of the parenthesis. Note: should read as: (Note: If nothing is known about the offender, "00" should be reported or provide applicable offender information.)

40. After Unknown Offender Indicator:, second sentence, after known, insert, (number of, age, sex, race, or ethnicity), leave blank and complete the age, sex, race, and ethnicity columns with applicable unknown codes. For example, two offenders were seen fleeing the scene, but because they were wearing ski masks, their age, sex, race, and ethnicity could not be determined. Enter 00 for age, U for sex, race, and ethnicity for each offender.

41. After Known Offender Information:, second sentence, lower case Indicator.

42. After Age:, first sentence, delete, may, and replace with can.

43. Under Age: 01 to 98, second sentence, delete, should, replace with If, delete, be, and replace with is, delete may, and replace with can. Third sentence, insert, For before Example, lower case Example, delete, for, before a teenager, insert, old, after years.

44. After Sex:, lower case Unknown.

45. After Race:, change order of race to: White; Black or African American; American Indian or Alaska Native; Asian; Native Hawaiian or Other Pacific Islander; Unknown.

46. After Ethnicity:, delete slashes between Hispanic/Latino and replace with or in both places.

47. Under Arrestee Information, Under Age: 01 to 98, second sentence, delete, should, replace with If, delete, be, and replace with is, delete may, and replace with can. Third sentence, insert, For before Example, lower case Example, delete, for, before a teenager, insert, old, after years.

48. After Sex:, delete, or U if the sex is Unknown.

49. After Race:, change order of race to: White; Black or African American; American Indian or Alaska Native; Asian; Native Hawaiian or Other Pacific Islander; Unknown.

50. After Ethnicity:, delete slashes between Hispanic/Latino and replace with or in both places.

A. Justification.

1. Necessity of Information Collection

Public Law 109-177 (H.R. 3199), March 9, 2006, USA Patriot Improvement and Reauthorization Act of 2005, mandates the Attorney General take the steps necessary to ensure that reports of cargo theft collected by city, county, state, federal, and tribal law enforcement agencies are reflected as a separate category in the Uniform Crime Reporting (UCR) System by no later than December 31, 2006. In response to this congressional mandate, the FBI's UCR Program developed the Cargo Theft Incident Report to obtain cargo theft information from law enforcement agencies nationwide.

2. Needs and Uses

The FBI's UCR Program will serve as the national clearinghouse for the collection and dissemination of cargo theft crime data and will publish these statistics on an annual basis. The Cargo Theft Incident Report is a necessary mechanism to enable law enforcement agencies to report incidents of cargo theft to the FBI. These data will be utilized by the FBI to capture the essence of the national cargo theft crime problem and its negative affect on the economy of the United States. This information will serve as a valuable resource to law enforcement agencies, the academic community, government entities, the general public, and the media

3. Use of Information Technology

Even though this form was designed to be 100 percent electronic approximately 25 percent of participating law enforcement agencies will submit the Cargo Theft Incident Report hard copy. The Cargo Theft Incident Report is an interactive web-based form, which is available online at www.fbi.gov/ucr/ucr.htm. This form is provided in a fillable PDF format to be completed and submitted electronically. Electronic submissions may be submitted via magnetic media and/or Law Enforcement Online (LEO) email attachment at ucrstat@leo.gov.

4. Efforts to Identify Duplication

Public Law 109-177 (H.R. 3199), March 9, 2006, USA Patriot Improvement and Reauthorization Act of 2005, mandates that the FBI establish a cargo theft data collection within the UCR system. The FBI's UCR Program is the only agency tasked with collecting cargo theft data.

5. Minimizing Burden on Small Businesses

This information will have no significant impact on small entities. No small business will be affected by this collection.

6. Consequences of Not Conducting or Less Frequent Collection

In order to serve as the national repository for crime reporting and to produce a reliable dataset, the FBI collects monthly data that are reported by participating UCR Program contributors. There is an ever-increasing need for timely and accurate data dissemination by the FBI to assist our partners in law enforcement.

7. Special Circumstances

All data are collected/received from UCR Program participants on a monthly basis. The FBI’s UCR Program has established various time frames and deadlines for acquiring the monthly data. Monthly reports/submissions should be received at the FBI by the seventh day after the close of each month. Annual deadlines are also designated in order to collect/assess receipt of monthly submissions. There are times when special circumstances may cause an agency to request an extension. The FBI’s UCR Program has the authority to grant these extensions. Participation in the national UCR Program is voluntary.

8. Public Comments and Consultations

The 60 and 30 day notices have been submitted and no public comments were received.

9. Provision of Payments or Gifts to Respondents

The FBI’s UCR Program does not provide any payment or gift to respondents.

10. Assurance of Confidentiality

All FBI UCR Program information collections are held confidential in accordance with Title 42, United States Code, Section 3789(g). Even though this information collection does not contain personal identifier information that may reveal the identity of an individual it is obtained from public agencies and are, therefore, in the public domain.

11. Justification for Sensitive Questions

This information collection does not collect information of a sensitive nature.

12. Estimate of Respondent’s Burden

The estimated burden for the cargo theft data collection varies based upon the volume of cargo theft crimes.

Number of respondents 18,108

Frequency of responses monthly

Total annual responses 217,296

Minutes per response 5 minutes

Annual hour burden 18,108 hours

As stated previously the number of respondents is based on the volume of cargo theft incidents. These numbers represent the maximum number of respondents and maximum burden hours possible.

13. Estimate of Cost Burden

There are no direct costs to law enforcement to participate in the UCR Program other than their time to respond. Respondents are not expected to incur any capital, start-up, or system maintenance costs associated with this information collection. The FBI's UCR Program has made the Cargo Theft Incident Report available online free of charge.

14. Cost to Federal Government

It is difficult to estimate the annual cost to the federal government under the clearance request. The following are generalized projections based upon prior collection activity as well as activities anticipated over the next 3 years .

Data Collection and Processing Costs

$635,291

This is a detailed cost projection provided by CJIS Financial Management Unit

15. Reason for Change in Burden

There is no change in burden on the individual respondents; however, the overall annual burden hours have increased from 17,799 to 18,108, which is an increase of 309 burden hours and is attributed to the increase in the number of respondents.

16. Anticipated Publication Plan and Schedule

Published data are derived from data submissions furnished to the FBI UCR Program from local, county, state, federal, and tribal law enforcement agencies throughout the country. Data will be published on an annual basis.

Request for missing Jan-Jun data August and September

Request for missing Jan-Dec data February and March, following year

Deadline to submit data March

Data processing/analysis July-May

Publication of data September of following year

17. Display of Expiration Date

All information collected under this clearance will display the OMB Clearance Number and expiration date.

18. Exception to the Certification Statement

No exceptions to the certification statement are requested.

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