[Federal Register Volume 85, Number 178 (Monday, September 14, 2020)]
[Notices]
[Pages 56583-56584]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-20200]


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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 Region Arbitration (Crab)

AGENCY: National Oceanic & Atmospheric Administration (NOAA), Commerce.

ACTION: Notice of information collection; request for comment.

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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 13, 2020.

ADDRESSES: Interested persons are invited to submit written comments to 
Adrienne Thomas, NOAA PRA Officer, at [email protected]. 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, 907-586-7356.

SUPPLEMENTARY INFORMATION:

I. Abstract

    The National Marine Fisheries Service (NMFS), Alaska Regional 
Office, is requesting renewal of a currently approved information 
collection. This information collection contains the reports for the 
Crab Rationalization Program Arbitration System.
    The Crab Rationalization Program allocates Bering Sea and Aleutian 
Islands (BSAI) crab resources among harvesters, processors, and coastal 
communities through a limited access system that balances the interests 
of these groups who depend on these fisheries. Under the CR Program, 
eligible License Limitation Program license holders were issued crab 
quota shares (QS), which are long term shares, based on their 
qualifying harvest histories. The QS yield annual individual fishing 
quota (IFQ), which represent a privilege to receive a certain amount of 
crab harvested with IFQ. Processor quota shares (PQS) are long term 
shares issued to processors. The PQS yield annual individual processor 
quota (IPQ), which represent a privilege to receive a certain amount of 
crab harvested with Class A IFQ.
    The Crab Rationalization Program Arbitration System is a series of 
steps that harvesters and processors can use to negotiate delivery and 
price contracts. The Arbitration System allows unaffiliated Class A IFQ 
holders to initiate an arbitration proceeding in the event of a dispute 
to allow an independent third party to provide a review of harvester 
and processor negotiation positions and provide an independent and 
binding resolution to issues under dispute. To use the Arbitration 
System, a harvester must commit deliveries to a processor and initiate 
a binding arbitration proceeding in advance of the season opening. The 
Arbitration System is designed to minimize antitrust risks for crab 
harvesters and processors and is intended to ensure that a reasonable 
price is paid for all landings.
    The Arbitration System requires several information collections 
that are submitted annually in accordance with the regulations at 50 
CFR 680.20. The Annual Arbitration Organization Report, the Market 
Report, and the Non-binding Price Formula Report are the primary 
reports submitted to NMFS each year. Also submitted are the Contract 
Arbitrator Report and the Cost Allocation Agreement.
    An Annual Arbitration Organization Report is compiled by each of 
the two Arbitration Organizations; one 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 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. The Cost Allocation Agreement provides 
combined shared arbitration accounting costs. Federal regulations for 
the CR 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.

II. Method of Collection

    The information is submitted by mail, delivery, fax, or email.

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; Market Report, Nonbinding Price Formula Report, 
Contract Arbitrator Report, and Cost Allocation Agreement, 3 hours 
each.
    Estimated Total Annual Burden Hours: 24.

[[Page 56584]]

    Estimated Total Annual Cost to Public: $157,701 in recordkeeping/
reporting costs.
    Respondent's Obligation: Required to Obtain or Retain Benefits.
    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 Chief Information 
Officer, Commerce Department.
[FR Doc. 2020-20200 Filed 9-11-20; 8:45 am]
BILLING CODE 3510-22-P