Notice2023-20279
Agency Information Collection Activities; Submission to the Office of Management and Budget (OMB) for Review and Approval; Comment Request; Alaska Crab Arbitration
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
September 19, 2023
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
The Department of Commerce, in accordance with the Paperwork Reduction Act of 1995 (PRA), invites the general public and other Federal agencies to comment on proposed, and continuing information collections, which helps us assess the impact of our information collection requirements and minimize the public's reporting burden. The purpose of this notice is to allow for 60 days of public comment preceding submission of the collection to OMB.
Full Text
<html>
<head>
<title>Federal Register, Volume 88 Issue 180 (Tuesday, September 19, 2023)</title>
</head>
<body><pre>
[Federal Register Volume 88, Number 180 (Tuesday, September 19, 2023)]
[Notices]
[Pages 64411-64412]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-20279]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
Agency Information Collection Activities; Submission to the
Office of Management and Budget (OMB) for Review and Approval; Comment
Request; Alaska Crab Arbitration
AGENCY: National Oceanic & Atmospheric Administration (NOAA), Commerce.
ACTION: Notice of information collection, request for comment.
-----------------------------------------------------------------------
SUMMARY: The Department of Commerce, in accordance with the Paperwork
Reduction Act of 1995 (PRA), invites the general public and other
Federal agencies to comment on proposed, and continuing information
collections, which helps us assess the impact of our information
collection requirements and minimize the public's reporting burden. The
purpose of this notice is to allow for 60 days of public comment
preceding submission of the collection to OMB.
DATES: To ensure consideration, comments regarding this proposed
information collection must be received on or before November 20, 2023.
ADDRESSES: Interested persons are invited to submit written comments to
Adrienne Thomas, NOAA PRA Officer, at <a href="/cdn-cgi/l/email-protection#074948464629575546476968666629606871"><span class="__cf_email__" data-cfemail="e4aaaba5a5cab4b6a5a48a8b8585ca838b92">[email protected]</span></a>. Please
reference OMB Control Number 0648-0516 in the subject line of your
comments. Do not submit Confidential Business Information or otherwise
sensitive or protected information.
FOR FURTHER INFORMATION CONTACT: Requests for additional information or
specific questions related to collection activities should be directed
to Gabrielle Aberle, National Marine Fisheries Service, P.O. Box 21668,
Juneau, AK 99802-1668. Telephone 907-586-7356.
SUPPLEMENTARY INFORMATION:
I. Abstract
The National Marine Fisheries Service (NMFS), Alaska Regional
Office, is requesting extension of a currently approved information
collection for the Arbitration System for the Crab Rationalization
Program.
The Crab Rationalization Program allocates Bering Sea and Aleutian
Islands (BSAI) crab resources among
[[Page 64412]]
harvesters, processors, and coastal communities. Under the Crab
Rationalization Program, eligible License Limitation Program license
holders were issued crab quota shares (QS), which are long term shares,
based on their qualifying license histories. The QS yield annual
individual fishing quota (IFQ) that is an exclusive harvest privilege
for a portion of the total allowable catch. Processor quota shares
(PQS) are long term shares issued to processors. The PQS yield annual
individual processor quota (IPQ) that is an exclusive privilege to
receive, for processing, a portion of the crab harvested with Class A
IFQ.
This information collection for the Arbitration System is necessary
for NMFS to manage the Crab Rationalization Program crab fisheries in
the BSAI. This information collection is implemented under the Crab
Rationalization Program and required by regulations at 50 CFR 680.20.
NMFS requires that harvesters and processors abide by an Arbitration
System established to stabilize prices and negotiations during the crab
harvest season. The Arbitration System is necessary to reduce
contention in price negotiations. The information collected is
necessary for NMFS to verify the membership of the arbitration
organizations and maintain the Arbitration System.
The Arbitration System was designed to fairly and equitably resolve
price, delivery terms, performance standards, and other disputes in the
event that IFQ and IPQ holders are unable to reach agreement on
arbitration proceedings. The Arbitration System is also designed to
minimize the potential for antitrust violations. The Arbitration System
includes a provision for open negotiations among IPQ and IFQ holders,
as well as various negotiation approaches, including a share matching
approach, a lengthy season approach where parties may postpone binding
arbitration until during the season, and a binding arbitration
procedure to resolve price disputes between an IPQ holder and eligible
IFQ holders. The Arbitration System also provides for dissemination of
market information to facilitate negotiations, coordination of matching
Class A IFQ held by harvesters to IPQ held by processors, and the
opportunity to use the binding arbitration process to resolve terms of
price and delivery. Certain aspects of the Arbitration System are
required of catcher vessel owners who hold QS/IFQ and PQS/IPQ holders
and operate regardless of whether participants in the fishery actually
initiate binding arbitration in order to resolve terms of price or
delivery.
This information collection contains five components of the
Arbitration System that are submitted to NMFS. Four are submitted
annually: the Annual Arbitration Organization Report, the Market
Report, the Non-binding Price Formula Report, and the Cost Allocation
Agreement. The Contract Arbitrator Report is submitted if any
arbitrations occur within a fishery.
The Annual Arbitration Organization Report is compiled by each of
the two arbitration organizations; one organization represents the
processors, and the second represents the harvesters. This report
includes information on the arbitration organization and its management
personnel, the crab QS fisheries to which the report applies, the
ownership interest and the QS/IFQ or PQS/IPQ held by each member; and
the arbitration process.
The Cost Allocation Agreement provides combined shared arbitration
accounting costs. Federal regulations for the Crab Rationalization
Program require that the crab arbitration costs are shared equally
between IPQ holders and Class A IFQ holders--processors pay half and
fishermen pay half.
The arbitration organizations use contracted parties to meet the
requirements of the Market Report, Nonbinding Price Formula Report, and
Contractor Arbitrator Report.
The Non-binding Price Formula Report is a pre-season report that is
designed to serve as a starting point for negotiations between
fishermen and processors, or as a starting point for an arbitrator in
evaluating offers in an arbitration process. This report documents how
each formula was developed.
The Market Report provides an analysis of the market for products
of a specific crab fishery and reports on activities occurring within
three months prior to its generation. The purpose of this report is to
provide background information on each crab fishery, the products
generated by each fishery, and position of those products in the
marketplace; discuss the historical division of wholesale revenue; and
provide the methods for predicting wholesale prices before the fishery
occurs.
The Contract Arbitrator Report documents arbitration proceedings if
they occur within a fishery.
II. Method of Collection
The information is submitted by email, mail, delivery, or fax.
III. Data
OMB Control Number: 0648-0516.
Form Number(s): None.
Type of Review: Regular submission (extension of a current
information collection).
Affected Public: Individuals or households; Business or other for-
profit organizations.
Estimated Number of Respondents: 2.
Estimated Time Per Response: Annual Arbitration Organization
Report: 6 hours; Cost Allocation Agreement: 16 hours.
Estimated Total Annual Burden Hours: 28 hours.
Estimated Total Annual Cost to Public: $177,015 in recordkeeping
and reporting costs.
Respondent's Obligation: Mandatory.
Legal Authority: Magnuson-Stevens Fishery Conservation and
Management Act (16 U.S.C. 1801 et seq.).
IV. Request for Comments
We are soliciting public comments to permit the Department/Bureau
to: (a) Evaluate whether the proposed information collection is
necessary for the proper functions of the Department, including whether
the information will have practical utility; (b) Evaluate the accuracy
of our estimate of the time and cost burden for this proposed
collection, including the validity of the methodology and assumptions
used; (c) Evaluate ways to enhance the quality, utility, and clarity of
the information to be collected; and (d) Minimize the reporting burden
on those who are to respond, including the use of automated collection
techniques or other forms of information technology.
Comments that you submit in response to this notice are a matter of
public record. We will include or summarize each comment in our request
to OMB to approve this ICR. Before including your address, phone
number, email address, or other personal identifying information in
your comment, you should be aware that your entire comment--including
your personal identifying information--may be made publicly available
at any time. While you may ask us in your comment to withhold your
personal identifying information from public review, we cannot
guarantee that we will be able to do so.
Sheleen Dumas,
Department PRA Clearance Officer, Office of the Under Secretary for
Economic Affairs, Commerce Department.
[FR Doc. 2023-20279 Filed 9-18-23; 8:45 am]
BILLING CODE 3510-22-P
</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>Indexed from Federal Register on September 19, 2023.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.