0648-0826 (BM69) Supporting Statement Part A

SUPPORTING STATEMENT

U.S. Department of Commerce

National Oceanic & Atmospheric Administration

Rockfish Program Amendments

OMB Control No. 0648-0826

SUPPORTING STATEMENT PART A

Abstract

This is a resubmission with the final rule, of a request by the National Marine Fisheries Service (NMFS), Alaska Regional Office, for a new temporary collection. This is due to a final rule to implement Amendment 113 to the Fishery Management Plan for Groundfish of the Gulf of Alaska (RIN 0648-BM69). This action modifies provisions of the Central Gulf of Alaska Rockfish Program to change the season start date, remove the catcher vessel cooperative quota use cap, and revise processing and harvesting caps. This action is necessary to provide increased flexibility and efficiency to rockfish processors and harvesters, and help ensure the rockfish total allowable catch is fully harvested and landed in Kodiak while maintaining the intent of the Program. This rule also revises regulations for the Rockfish Program to increase flexibility, consistency, and clarity.

This rule necessitates revision to an existing OMB Control Number 0648-0545. Due to a concurrent action for -0545, NMFS is submitting this request to create a temporary collection for this revision.

The rule revises regulations for the Application for Rockfish Cooperative Fishing Quota and the Rockfish Program vessel check in/check-out report, which are approved under -0545. No changes are made to the respondents, responses, or burden for the application, but 10 new respondents are added for the report.

With this submission for the final rule, hourly wage rates in question #12 were updated to use the most current rate available. The Public Burden Statement on the application was updated to identify the purpose of the form.

Justification

1. Explain the circumstances that make the collection of information necessary. Identify any legal or administrative requirements that necessitate the collection. Attach a copy of the appropriate section of each statute and regulation mandating or authorizing the collection of information.

NMFS manages the groundfish fishery in the exclusive economic zone in the Gulf of Alaska according to the Fishery Management Plan for Groundfish of the Gulf of Alaska (FMP), which was prepared by the North Pacific Fishery Management Council (Council) under authority of the Magnuson-Stevens Fishery Conservation and Management Act, 16 U.S.C. 1801 et seq. (Magnuson-Stevens Act). Regulations governing fishing by U.S. vessels in accordance with the FMP appear at subpart H of 50 CFR part 600 and 50 CFR part 679. The Magnuson-Stevens Act authorizes the Council to prepare and amend fishery management plans for any fishery in waters under its jurisdiction.

The Central Gulf of Alaska Rockfish Program (Rockfish Program) is a limited access privilege program developed to enhance resource conservation and improve economic efficiency in the Central Gulf of Alaska rockfish fisheries. The rockfish fisheries managed under this program are conducted in Federal waters near Kodiak, Alaska, by trawl and longline vessels.

The Council developed and adopted the Rockfish Program to replace the Rockfish Pilot Program, which was scheduled to expire December 31, 2011. In 2012 fishing began under the Rockfish Program, which was implemented by Amendment 88 to the FMP (76 FR 81248, December 27, 2011). The program was authorized for 10 years, until December 31, 2021. In 2021, Amendment 111 to the FMP reauthorized the Rockfish Program without a sunset date (86 FR 11895, March 1, 2021). The reauthorization retained the conservation, management, safety, and economic gains realized under the existing Rockfish Program and made minor revisions to improve administration of the Rockfish Program.

NMFS is issuing the final rule (RIN 0648-BM69) to implement Amendment 113 to the FMP. This final rule amends the Rockfish Program to change the Rockfish Program season start date from May 1 to April 1, removes the catcher vessel cooperative rockfish cooperative quota use cap, and revises the processing and harvesting caps. This rule is needed to address changes in the fishery since the Rockfish Program was reauthorized in 2021. This action is necessary to provide increased flexibility and efficiency for rockfish processors and harvesters, and help ensure the rockfish total allowable catch is fully harvested and landed in Kodiak while maintaining the intent of the Rockfish Program. In addition to the regulations necessary to implement Amendment 113, the rule updates and revises regulations for the Rockfish Program to increase flexibility, consistency, and clarity.

This new temporary information collection is needed because the final rule necessitates revising OMB Control Number 0648-0545 (Central Gulf of Alaska Rockfish Program: Permits and Reports). Concurrent with this rule (RIN 0648-BM69), a separate information collection request was extending 0648-0545 for three years and was approved by OMB in June 2024. After OMB approval of this temporary collection, this temporary collection will be merged into -0545 and discontinued.

Due to the rule, the revisions to the following collection instruments approved under OMB Control Number 0648-0545 are made in this new temporary collection.

• Application for Rockfish Cooperative Fishing Quota: The final rule revises § 679.81(f)(4) by removing the requirement to submit all of the documents listed at § 679.81(f)(4)(i) for this annual application to be complete. The final rule requires all of the listed documents to be submitted with the initial application and requires applicants to resubmit only those documents that have changed. This helps reduce the reporting burden for this application; however, no change is made to the burden due to the rule because the current burden estimate allows for differences in the time and cost needed to complete and submit the application.

• Rockfish Program vessel check in/check-out report: The final rule revises § 679.5(r)(8)(i)(A) and (B) to allow vessel operators to submit the Rockfish Program vessel check in/check-out report on behalf of the rockfish cooperative for additional flexibility. Currently the designated representative of a rockfish cooperative must submit this report. This revision increases the number of respondents for the check-in/check-out report because vessel operators are added as respondents for this report.

This rule also updates § 679.81(g)(2)(i) and (ii) to remove “Transfer Key” from what is used for a transfer request when submitting online the Application for Inter-Cooperative Transfer of Rockfish Cooperative Quota (approved under OMB Control # OMB 0648-0545). Transfer keys are no longer used by the Rockfish Program. This change is necessary to update the regulations to be consistent with current practice and does not affect the requirements for this application or the respondents, responses, or burden. As no changes are needed to OMB Control Number 0648-0545 for the Application for Inter-Cooperative Transfer of Rockfish Cooperative Quota, it is not included in this temporary collection.

2. Indicate how, by whom, and for what purpose the information is to be used. Except for a new collection, indicate the actual use the agency has made of the information received from the current collection.

Application for Rockfish Cooperative Fishing Quota

The Application for Rockfish Cooperative Fishing Quota is submitted annually by the representative of a rockfish cooperative to receive the cooperative’s annual cooperative fishing quota (CQ) permit. Information from this application is used by NMFS to identify rockfish cooperatives and their member vessels and to annually issue Rockfish CQ permits.

A CQ permit authorizes a rockfish cooperative to participate in the Rockfish Program. The CQ permit lists the members of the rockfish cooperative, the vessels that are authorized to fish under the CQ permit for that rockfish cooperative, and the rockfish processor with whom that rockfish cooperative is associated, if applicable.

This application is submitted to NMFS by mail, delivery, or fax. NMFS must receive the completed application no later than 1700 hours, Alaska local time, March 1; if sent by U.S. mail, the application must be postmarked by that time.

The application collects rockfish cooperative identification information, License Limitation Program (LLP) license holder and ownership documentation for the members of the cooperative applying for quota share, identification information for vessels of the cooperative members, shoreside processor associate identification information, and certifications of the cooperative representative and processor associate(s).

The final rule revises § 679.81(f)(4) so that the documents listed at § 679.81(f)(4)(i) are required in the initial application and only required in subsequent applications if they contain new or changed information. This information is as follows:

• a copy of the business license issued by the state in which the rockfish cooperative is registered as a business entity;

• a copy of the articles of incorporation or partnership agreement of the rockfish cooperative;

• the names of all persons, to the individual level, holding an ownership interest in the LLP license and the percentage ownership each person and individual holds in the LLP license; and

• a copy of the cooperative agreement signed by the members of the rockfish cooperative (if different from the articles of incorporation or partnership agreement of the rockfish cooperative).

The form for the Application for Rockfish Cooperative Fishing Quota is revised to show this change. The Public Burden Statement has been updated with this submission for the final rule to include a short sentence identifying the purpose of the template.

Rockfish Program Vessel Check-In and Check-Out Report

This final rule revises § 679.5(r)(8)(i)(A) and (B) to allow vessel operators to submit the check-in/check-out report on behalf of the rockfish cooperative for additional flexibility. Currently, the designated representative for a rockfish cooperative must submit these reports.

The check-in and check-out report is used to manage rockfish cooperative fishing activity. A check-in report must be submitted before a vessel authorized to fish under the cooperative’s permit starts fishing for a cooperative. A check-out report must be submitted when a vessel stops fishing for a cooperative during the fishing season. The check-in and check-out report is necessary so that NMFS’s catch accounting system can identify catch by a vessel that should accrue to a rockfish cooperative quota allocation from catch that occurs in other, non-Rockfish Program fisheries.

A check-in report for a vessel must be submitted to NMFS:

• At least 24 hours before the catcher vessel begins a fishing trip to fish under a CQ permit; or

• At least 1 hour before the catcher/processor begins a fishing trip to fish under a CQ permit; and

• A check-in designation is effective at the beginning of the first fishing trip after the designation has been submitted.

A check-out report must be submitted to NMFS within 6 hours after the effective date and time the rockfish cooperative ends the vessel’s authority to fish under the CQ permit.

• If the vessel is fishing under a CQ permit for a catcher vessel cooperative, a check-out designation is effective at the end of a complete offload;

• If the vessel is fishing under a CQ permit for a catcher/processor cooperative, a check-out designation is effective upon submission to NMFS.

There is no form for the check-in/check-out report, which is submitted using eFISH, the NMFS Alaska Region online Fisheries Information System. With the information provided when logging in to eFISH using a NMFS ID, eFISH autofills the NMFS ID number, name of the rockfish cooperative, and the date. For each check-in or check out report, the submitter of the report enters the vessel name, and the check-in date and time or the check-out date and time.

3. Describe whether, and to what extent, the collection of information involves the use of automated, electronic, mechanical, or other technological collection techniques or other forms of information technology, e.g. permitting electronic submission of responses, and the basis for the decision for adopting this means of collection. Also, describe any consideration of using information technology to reduce burden.

The Rockfish Program vessel check-in/check-out report is required to be submitted by eFISH. eFISH is the NMFS Alaska Region online Fisheries Information System. eFISH provides an online method to submit applications and access to participants’ NMFS permit accounts. eFISH allows participants to renew certain fishery permits; report landings; print certificates or permits; conduct quota transfers; pay fees and submit landing value reports; and check account balances, vessel balances, and landing ledger reports. Permit holders access eFISH through a User ID and password issued by NMFS. Instructions for using eFISH are posted on the NMFS Alaska Region website at https://alaskafisheries.noaa.gov/node/30749.

The Application for Rockfish Cooperative Fishing Quota is available as a fillable pdf on the NMFS Alaska Region website at https://www.fisheries.noaa.gov/permit/gulf-alaska-rockfish-program-applications-and-report-forms. It may be completed electronically, then downloaded and printed. This form must be submitted by mail, delivery, or fax because it requires submission of attached documents, which may contain personal identifying information and cannot be transmitted by email.

NMFS Alaska Region is working toward offering more online services. The current data entry and retrieval system is nearing the end of its life, and a new integrated system is in development. As this system is developed, we will be transitioning to the new system that will allow permit applications to be submitted and processed electronically.

4. Describe efforts to identify duplication. Show specifically why any similar information already available cannot be used or modified for use for the purposes described in Question 2.

NMFS has not identified any duplication with other information collections or information collection requirements. Duplication of application contact information is minimized through the use of eFISH because, by logging in with a NMFS Identification Number, eFISH autofills some data entry fields.

In general, Alaska Region information collections are prepared and reviewed by staff familiar with all of the information collection requirements for the region. Staff work together to develop information collection requirements for new programs. In addition, NMFS staff work closely with the staff of the Alaska Department of Fish and Game and the International Pacific Halibut Commission to reduce duplication in information collection requirements to the extent possible given overlapping jurisdictions and complex fisheries. Senior staff at the Alaska Region, NMFS headquarters, and the Department of Commerce General Counsel review all new and revised information collection requirements that are associated with rulemakings. This process minimizes the potential for duplication of information collection requirements for participants in the Federal fisheries off Alaska.

5. If the collection of information impacts small businesses or other small entities, describe any methods used to minimize burden.

The recordkeeping and reporting changes in this rule (RIN 0648-BM69) clarify existing provisions of the Rockfish Program and remove unnecessary reporting requirements, with the result of slightly reducing the reporting burden for all directly regulated entities including small entities.

NMFS attempts to minimize the burden of this information collection on all respondents by collecting only information necessary to manage the Rockfish Program, by providing and supporting the online data collection program eFISH, and by providing assistance to users in writing and by phone. eFish has a “help” link within the application that users can click on to view help options and user guides. See https://alaskafisheries.noaa.gov/node/30749 . NMFS also maintains documentation about eFISH in the eLandings Wiki (Confluence), located at https://elandings.atlassian.net/wiki/spaces/doc/pages/31096857/eFISH+Web+Application. NMFS also maintains a help/support call center with contractors available by phone Monday through Friday from 8:00 am to 4:30 pm Alaska time.

6. Describe the consequence to Federal program or policy activities if the collection is not conducted or is conducted less frequently, as well as any technical or legal obstacles to reducing burden.

The Application for Rockfish Fishing Cooperative Quota is required if the license holder, vessel owner, or processor wants to participate in the Rockfish Program. No cooperative representative is compelled to submit this application and no license holder, vessel owner, or processor is required to be a member of a cooperative. However, if the information on this application form were not collected, NMFS could not effectively manage and provide the benefits of the Rockfish Program to eligible participants. Requiring an annual Application for Rockfish Cooperative Fishing Quota is necessary to allow the rockfish cooperatives to establish their membership annually and provides some flexibility for license holders and vessel owners to change cooperatives or renegotiate cooperative terms. Once a Rockfish CQ permit has been issued to a cooperative, transfers of CQ and halibut prohibited species catch may only be done by formal notification to NMFS. Once a Rockfish Program CQ permit is issued, vessel check-in/check-out reports are required to be submitted to ensure that NMFS accrues catch under the Rockfish Program to the correct CQ account.

7. Explain any special circumstances that would cause an information collection to be conducted in a manner inconsistent with OMB guidelines.

The Rockfish Program Vessel Check-In/Check-Out Report is required to be submitted within a specific time period, which could result in information being submitted more often than quarterly. NMFS uses this information to verify and maintain accurate records of catch, and to ensure compliance with quotas in order to monitor and manage the rockfish fishery.

This collection does not require respondents to prepare a written response to a collection of information in fewer than 30 days after receipt of it.

This collection does not require respondents to submit more than an original and two copies of any document.

This collection does not require respondents to retain records, other than health, medical, government contract, grant-in- aid, or tax records for more than three years.

This collection is not in connection with a statistical survey that is not designed to produce valid and reliable results that can be generalized to the universe of study.

This collection does not require the use of a statistical data classification that has not been reviewed and approved by OMB.

This collection does not include a pledge of confidentiality that is not supported by authority established in statute or regulation, that is not supported by disclosure and data security policies that are consistent with the pledge, or which unnecessarily impedes sharing of data with other agencies for compatible confidential use.

This collection does not require respondents to submit proprietary trade secret, or other confidential information unless the agency can demonstrate that it has instituted procedures to protect the information's confidentiality to the extent permitted by law.

8. If applicable, provide a copy and identify the date and page number of publications in the Federal Register of the agency's notice, required by 5 CFR 1320.8 (d), soliciting comments on the information collection prior to submission to OMB. Summarize public comments received in response to that notice and describe actions taken by the agency in response to these comments. Specifically address comments received on cost and hour burden.

A proposed rule (89 FR 40449) soliciting public comments published on May 10, 2024. The comment period ended on June 10, 2024. No comments were received on this information collection.

9. Explain any decision to provide any payment or gift to respondents, other than remuneration of contractors or grantees.

No payment or gifts are provided to respondents.

10. Describe any assurance of confidentiality provided to respondents and the basis for the assurance in statute, regulation, or agency policy. If the collection requires a systems of records notice (SORN) or privacy impact assessment (PIA), those should be cited and described here.

All information collections by NMFS, Alaska Region, are protected under confidentiality provisions of section 402(b) of the Magnuson-Stevens Act as amended in 2006 (16 U.S.C. 1801, et seq.) and under NOAA Administrative Order 216-100, which sets forth procedures to protect confidentiality of fishery statistics.

The System of Records Notice that covers this information collection is COMMERCE/NOAA-19, Permits and Registrations for United States Federally Regulated Fisheries. An amended Privacy Act system of records notice was published in the Federal Register on August 7, 2015 (80 FR 47457), and became effective September 15, 2015 (80 FR 55327).

The Privacy Impact Assessment that covers this information collection is NOAA NMFS Alaska Region Local Area Network (NOAA4700).

11. Provide additional justification for any questions of a sensitive nature, such as sexual behavior or attitudes, religious beliefs, and other matters that are commonly considered private. This justification should include the reasons why the agency considers the questions necessary, the specific uses to be made of the information, the explanation to be given to persons from whom the information is requested, and any steps to be taken to obtain their consent.

This collection does not include any questions of a sensitive nature.

12. Provide estimates of the hour burden of the collection of information.

This final rule (RIN 0648-BM69) revises regulations for the Application for Rockfish Cooperative Fishing Quota and the Rockfish Program Vessel Check-In/Check-Out Report, which are approved under OMB Control Number 0648-0545. The revision for the Application for Rockfish Cooperative Fishing Quota does not change the number of respondents, responses, or burden because the burden estimates allow for differences in the time and cost needed to complete and submit the application. The revision for the check-in/check-out report adds an estimated 10 vessel operators as new respondents because the rule authorizes vessel operators to submit this report; it does not change the number of responses. The rule does not change the burden for the check-in/check-out report because the burden estimates allow for differences in the time and cost needed to complete and submit these reports.

The table below is based on the respondents, responses, burden hours, and labor costs reported for these collection instruments in the response to question #12 of the supporting statement approved for the three-year extension of OMB Control Number 0648-0545. The number of respondents for the check-in/check-out report has been increased to 16 to include the 10 new respondents. No change was made to the numbers for the Application for Rockfish Cooperative Fishing Quota.

The hourly wage rate for the check-in/check-out report has been updated to include the rate for the new respondents. This rate has been updated from the rate submitted in the supporting statement for the proposed rule for this action because updated rates from the U. S. Bureau of Labor Statistics (BLS) are now available. The updated rate of $30 is the average of $35 and $24.21 ($35 + $24.21 = $59.21 / 2 = $29.61 rounded to $30). The rate $24.21 is the most current rate available (May 2023) from the BLS for the Alaska mean hourly wage for Occupation Code 45-0000, Farming, Fishing, and Forestry Occupations (https://www.bls.gov/oes/current/oes_ak.htm#:~:text=1.5%25-,45%2D0000,5.7%25,-45%2D1011), which is used for vessel operators in other NMFS Alaska Region information collections.

The hourly wage rate for the cooperative representative ($35) is the same rate used in the supporting statement for the proposed rule and in the approved extension for 0648-0545. This rate was previously provided by industry and is not based on rates from the BLS. This rate is consistent with the rate used for the same respondents in other NMFS Alaska Region information collections. Burden and wage rate estimates are updated when public comment supports doing so.

Information Collection	Type of Respondent (e.g., Occupational Title)	# of Respondents/year (a)	Annual # of Responses / Respondent (b)	Total # of Annual Responses (c) = (a) x (b)	Burden Hrs / Response (d)	Total Annual Burden Hrs (e) = (c) x (d)	Hourly Wage Rate (for Type of Respondent) (f)	Total Annual Wage Burden Costs (g) = (e) x (f)
Application for Rockfish Cooperative Fishing Quota	Cooperative representative	6	1	6	2 hours	12	$35	$420
Rockfish Program Vessel Check-In/Check-Out Report	Cooperative representative; vessel operators	16	6.25	100	10 minutes	17	$30	$510
Totals				166		39 hours		$930

13. Provide an estimate for the total annual cost burden to respondents or record keepers resulting from the collection of information. (Do not include the cost of any hour burden already reflected on the burden worksheet).

Operating costs account for the typical inclusive general office services packages that include expenses for email, fax, copying, mailing, printing, and internet.

Unique respondents rather than a sum is used because the respondents may submit both of the collection instruments in this information collection request. The unique respondents are the six cooperative representatives and the estimated ten vessel operators that are added by the rule.

Information Collection	# of Respondents/year (a)	Annual # of Responses / Respondent (b)	Total # of Annual Responses (c) = (a) x (b)	Cost Burden / Respondent (h)	Total Annual Cost Burden (i) = (c) x (h)
Application for Rockfish Cooperative Fishing Quota	6	1	6	Operating costs – $5	$30
Rockfish Program Vessel Check-In/Check-Out Report	16	6.25	100	0	$0
TOTALS	16 unique respondents		106		$30

14. Provide estimates of annualized cost to the Federal government. Also, provide a description of the method used to estimate cost, which should include quantification of hours, operational expenses (such as equipment, overhead, printing, and support staff), and any other expense that would not have been incurred without this collection of information.

A cost recovery program is in effect for the Rockfish Program as specified in regulations at 50 CFR 679.85. Under this cost recovery program, NMFS is authorized to collect direct program costs from the rockfish cooperatives. Therefore, the information collection requirements of the Rockfish Program do not impose a cost on the Federal government. Direct program costs are the costs NMFS incurs to manage, collect data from, and conduct enforcement for the Rockfish Program fisheries.

The direct program costs for the Rockfish Program in 2022 were $308,955. Rockfish program costs calculated annually and annual cost recovery reports are published on the Alaska Region website at: https://www.fisheries.noaa.gov/resource/document/central-gulf-alaska-rockfish-program-cost-recovery-reports.

The following are examples of the types of tasks that were included under the 2022 Rockfish Program direct program costs:

• maintenance of electronic reporting systems, including the catch accounting system

• programming and web design for online applications

• determination of annual cooperative allocations of CQ and PSC

• issuance and transfers of CQ, responding to questions about CQ

• observer debriefing

• catch monitoring control plan specialist

• monitoring cooperative fisheries CQ and PSC, answer questions on cooperative activities, respond to data requests

• determination of standard ex-vessel prices using value and volume reports submitted by rockfish processors

• fee determination, collection, and reporting

• analysis and rulemaking activities

15. Explain the reasons for any program changes or adjustments reported in ROCIS.

This request is for a new temporary information collection because of the timing of this rule (RIN 0648-BM69) and the three-year extension of OMB Control Number 0648-0545. The final rule (RIN 0648-BM69) revises the Application for Rockfish Cooperative Fishing Quota and the Rockfish Program Vessel Check-In/Check-Out Report, which are approved under OMB Control Number 0648-0545.

There are no changes to the respondents, respondents, or burden for the Application for Rockfish Cooperative Fishing Quota due to this rule. The rule increases the total annual respondents, responses, and burden for the Rockfish Program Vessel Check-In/Check-Out Report. The tables below show the changes for the check-in/check-out report due to this rule after this temporary collection is merged into 0648-0545 and discontinued.

Information Collection	Respondents		Responses		Burden Hours		Reason for change or adjustment
	Current Renewal / Revision	Previous Renewal / Revision	Current Renewal / Revision	Previous Renewal / Revision	Current Renewal / Revision	Previous Renewal / Revision
Rockfish Program Vessel Check-In/Check-Out Report	16	6	100	100	17	17	Program Change: The rule allows vessel operators to submit the check-in/check-out report, which increases the number of respondents.
Difference	10 (program change)		0		0

Information Collection	Labor Costs		Miscellaneous Costs		Reason for change or adjustment
	Current	Previous	Current	Previous
Rockfish Program Vessel Check-In/Check-Out Report	$510	$595	$ 0	$0	Program Change: The rule adds a new respondent type; therefore, the hourly rate used to calculate labor costs was updated to use an average of the wage rates for the two respondent types. This decreased labor costs for this collection instrument.
Difference	- $85 (program change)		0

16. For collections of information whose results will be published, outline plans for tabulation and publication. Address any complex analytical techniques that will be used. Provide the time schedule for the entire project, including beginning and ending dates of the collection of information, completion of report, publication dates, and other actions.

NMFS publishes some information from the Application for Rockfish Cooperative Fishing CQ on the NMFS Alaska Region website at https://www.fisheries.noaa.gov/alaska/commercial-fishing/permits-and-licenses-issued-alaska, including the name of the cooperative, the name of the authorized representative of the cooperative, the business address of the cooperative, the names of the license holders who are members of the cooperative, and the names of the vessels that will be fishing for the cooperative.

If data submitted about rockfish check-in/check-out reports are used in any reports or analyses provided to the public, these data are aggregated, synthesized, summarized, and presented in a non-confidential format.

17. If seeking approval to not display the expiration date for OMB approval of the information collection, explain the reasons that display would be inappropriate.

The agency plans to display the expiration date for OMB approval of the information collection on all instruments.

18. Explain each exception to the certification statement identified in “Certification for Paperwork Reduction Act Submissions."

The agency certifies compliance with 5 CFR 1320.9 and the related provisions of 5 CFR 1320.8(b)(3).