[Federal Register Volume 73, Number 141 (Tuesday, July 22, 2008)]
[Notices]
[Pages 42542-42543]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-16785]


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 Notices
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 This section of the FEDERAL REGISTER contains documents other than rules 
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  Federal Register / Vol. 73, No. 141 / Tuesday, July 22, 2008 / 
Notices  

[[Page 42542]]



DEPARTMENT OF AGRICULTURE

Forest Service


Information Collection; Extension of Timber Sales

AGENCY: Forest Service, USDA.

ACTION: Notice; request for comment.

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SUMMARY: In accordance with the Paperwork Reduction Act of 1995, the 
Forest Service is seeking comments from all interested individuals and 
organizations on the new information collection, Extension of Timber 
Sales.

DATES: Comments must be received in writing on or before September 22, 
2008 to be assured of consideration. Comments received after that date 
will be considered to the extent practicable.

ADDRESSES: Written comments concerning this notice should be addressed 
to USDA Forest Service, Director of Forest Management, 1400 
Independence Avenue, SW., Mail Stop 1103, Washington, DC 20250-1103. 
Comments may also be sent via e-mail to [email protected], or via 
facsimile to Lathrop Smith at (202) 205-1045.
    All comments, including names and addresses when provided, are 
placed in the record and are available for public inspection and 
copying. The public may inspect comments received at the office of the 
Director of Forest Management, Third Floor, Southwest Wing, Yates 
Building, 201 14th Street, SW., Washington, DC. Visitors are encouraged 
to call ahead to (202) 205-1496 to facilitate entry to the building.

FOR FURTHER INFORMATION CONTACT: Lathrop Smith, Forest Management 
staff, at (202) 205-0858, or Richard Fitzgerald, Forest Management 
staff, at (202) 205-1753.
    Individuals who use telecommunication devices for the deaf (TDD) 
may call the Federal Information Relay Service (FIRS) at 1-800-877-8339 
between 8 a.m. and 8 p.m., Eastern Standard Time, Monday through 
Friday.

SUPPLEMENTARY INFORMATION:
    Title: Extension of Timber Sales.
    OMB Number: 0596-New.
    Type of Request: New.
    Abstract: Section 8401 of the Food Conservation, and Energy Act of 
2008, Public Law No. 110-246, 122 Stat. 1651, June 18, 2008 (Section 
8401), provides several different relief options for timber sale 
purchasers holding contracts with rates significantly higher than 
current timber market rates due to a drastic reduction in forest 
products markets. The relief options include: (a) Contract cancellation 
or rate redetermination, (b) substitution of the Bureau of Labor 
statistics producer price index specified in the contract, (c) rate 
redetermination following substitution of index, (d) extension of 
contracts using the hardwood lumber index, and (e) extension of Market-
Related Contract term Addition time limit for certain contracts. To 
obtain the benefits of these options, National Forest System timber 
sale purchasers are required to provide certain information not 
previously authorized for collection by OMB. Depending on the benefits 
sought this may include: (1) A Request for Relief and Release of 
Liability Statement on form FS-2400-71, (2) a Contract Cancellation and 
Release of Liability Agreement on form FS-2400-70, and (3) for 
purchasers seeking a change in the index used for determining market-
related contract term additions and emergency rate redeterminations, 
identification by the purchaser, in writing, how much of the contract 
timber volume will be processed into softwood lumber, hardwood lumber 
and/or wood chip products.
    Forms FS-2400-70 and FS-2400-71 become legally binding documents 
upon signing by the purchaser and Forest Service and as such must be 
submitted by the purchaser in hard copy with original signatures. The 
information regarding identification of products the purchaser intends 
to produce from the sale when seeking a change in index may be 
submitted by the purchaser in hard copy or electronically by facsimile.
    Information identified above will be collected from purchasers by 
Forest Service contracting officers who will use the information to 
determine eligibility for the benefit requested. The information 
requested is not available from any other source and is unique to a 
single event in the life of a contract. The information is not used for 
any statistical purposes. No confidential information is involved and 
no information of a sensitive nature is collected. The information 
requested is readily available to timber sale purchasers and does not 
require any record keeping.
    Without the release of liability statements and agreements the 
government is vulnerable to lawsuits from purchasers seeking 
compensation or damages resulting from conditions or events that were 
not part of the original contract. For example, a purchaser holding a 
contract that is extended pursuant to the Farm Bill past the original 
termination date and that subsequently has to be unilaterally modified 
during the extension period because of a newly listed endangered 
species, may seek damages against the government resulting from the 
modification if the extension was granted without a limited liability 
agreement.
    The index used in contracts to determine when a market-related 
contract term addition and/or emergency rate redetermination should 
occur has long term implications to the contract. Prior to changing the 
index the contract record must contain written documentation that the 
purchaser initiated the request to change the index, including 
documentation of the products it intended to produce from the timber at 
the time the request was made. Without this documentation a purchaser 
could allege that the government unilaterally and inappropriately 
changed the index.
    Estimated Annual Burden: 10 minutes per response.
    Type of Respondents: Individuals, large and small businesses, and 
corporations.
    Estimated Number of Respondents: 1030.
    Estimate Number of Responses per Respondent: 1.
    Estimated Number of Total Annual Responses: 1230 (1030 FS-2400-71, 
100 FS-2400-70, and 100 Classification of Volume).
    Estimated Total Annual Burden on Respondents: 206 hours.
    Comment is invited on: (1) Whether the proposed collection of 
information is necessary for the stated purposes or the proper 
performance of the functions of the agency, including whether the

[[Page 42543]]

information shall have practical or scientific utility; (2) 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; (3) ways to enhance the quality, utility, and 
clarity of the information to be collected; and (4) ways to minimize 
the burden of the collection of information on respondents, including 
the use of automated, electronic, mechanical, or other technological 
collection techniques or other forms of information technology.
    All comments received in response to this notice, including name 
and address when provided, will be summarized and included in the 
request for Office of Management and Budget approval. All comments also 
will become a matter of public record.

    Dated: July 16, 2008.
Joel D. Holtrop,
Deputy Chief, National Forest System.
 [FR Doc. E8-16785 Filed 7-21-08; 8:45 am]
BILLING CODE 3410-11-P