[Federal Register Volume 76, Number 50 (Tuesday, March 15, 2011)]
[Notices]
[Pages 13974-13975]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-5884]


-----------------------------------------------------------------------

DEPARTMENT OF AGRICULTURE

Forest Service


Information Collection; Small Business Timber Sale Set-Aside 
Program; Appeal Procedures on Recomputation of Shares

AGENCY: Forest Service, USDA.

ACTION: Notice; request for comment.

-----------------------------------------------------------------------

SUMMARY: In accordance with the Paperwork Reduction Act of 1995, the 
Forest Service is seeking comments from all interested individuals and 
organizations on the extension with no revision of a currently approved 
information collection, Small Business Timber Sale Set-Aside Program: 
Appeal Procedures on Recomputation of Shares.

DATES: Comments must be received in writing on or before May 16, 2011 
to be assured of consideration. Comments received after that date will 
be considered to the extent practicable.

ADDRESSES: Comments concerning this notice should be addressed to 
Sharon Nygaard-Scott, Forest Management Staff, Mail Stop 1103, Forest 
Service, USDA, 1400 Independence Avenue, SW., Washington, DC 20250.
    Comments also may be submitted via facsimile to 202-205-1045 or by 
e-mail to: [email protected]. In addition, comments may be 
submitted via the World Wide Web/Internet at: http://www.regulations.gov.
    The public may inspect comments received at the Forest Service, 
USDA, Forest Management Staff Office, Third Floor SW, 201 14th Street, 
SW., Washington, DC, during normal business hours. Visitors are 
encouraged to call ahead to 202-205-1766 to facilitate entrance into 
the building. Additionally, comments may be viewed on the World Wide 
Web/Internet at https://fsplaces.fs.fed.us/fsfiles/unit/wo/wosbaprocess.nsf.

FOR FURTHER INFORMATION CONTACT: Sharon Nygaard Scott, Forest 
Management Staff, at 202-205-1766. Individuals who use 
telecommunication devices for the deaf (TDD) may call the Federal Relay 
Service (FRS) at 1-800-877-8339, twenty-four hours a day, every day of 
the year, including holidays.

SUPPLEMENTARY INFORMATION:

[[Page 13975]]

    Title: Small Business Timber Sale Set-Aside Program; Appeal 
Procedures on Recomputation of Shares.
    OMB Number: 0596-0141.
    Expiration Date of Approval: October 31, 2010.
    Type of Request: Extension with no Revision.
    Abstract: The Forest Service adopted the Small Business Timber Sale 
Set-Aside Program on July 26, 1990 (55 FR 30485). The Agency 
administers the program in cooperation with the Small Business 
Administration (SBA) under the authorities of the Small Business Act 
(15 U.S.C. 631), the National Forest Management Act of 1976, and SBA 
regulations in 13 CFR part 121. The program is designed to ensure that 
small business timber purchasers have the opportunity to purchase a 
fair proportion of National Forest System timber offered for sale.
    Under the program, the Forest Service must recompute the shares of 
timber sales to be set aside for qualifying small businesses every 5 
years based on the actual volume of sawtimber that has been purchased 
by small businesses. Shares must be recomputed if there is a change in 
manufacturing capability, if the purchaser size class changes, or if 
certain purchasers discontinue operations.
    In 1992, the Agency adopted new administrative appeal procedures 
(36 CFR part 215), which excluded the Small Business Timber Sale Set-
Aside Program. Prior to adoption of 36 CFR part 215, the Agency had 
accepted appeals of recomputations decisions under 36 CFR part 217; and 
therefore decided to establish procedures for providing notice to 
affected purchasers offering an opportunity to comment on the 
recomputation of shares (61 FR 7468). The Conference Report 
accompanying the 1997 Omnibus Appropriation Act (Pub. L. 104-208) 
directed the Forest Service to reinstate an appeals process for 
decisions concerning recomputation of Small Business Set-Aside shares, 
structural recomputations of SBA shares, or changes in policies 
impacting the Small Business Timber Set-Aside Program prior to December 
31, 1996. The Small Business Timber Sale Set-Aside Program: Appeal 
Procedures on Recomputation of Shares (36 CFR 223.118; 64 FR 411, 
January 5, 1999) outlines the types of decisions that are subject to 
appeal, who may appeal decisions, the procedures for appeal decisions, 
the timelines for appeal, and the contents of the notice of appeal.
    The Forest Service provides qualifying timber sale purchasers 30-
days for predecisional review and comment on draft decisions to 
reallocate shares, including the data used in making the proposed 
recomputation decision. Within 15 days after the close of the 30-day 
predecisional review period, an Agency official makes a decision on the 
shares to be set aside for small businesses and gives written notice of 
the decision to all parties on the national forest timber sale bidders 
list for the affected area. The written notice provides the date by 
which the appeal may be filed and how to obtain information on appeal 
procedures.
    Only those timber sale purchasers, or their representatives, 
affected by small business share timber sale set-aside recomputation 
decisions and who have submitted predecisional comments may appeal 
recomputation decisions. The appellant must file a notice of appeal 
with the appropriate Forest Service official within 20 days of the date 
of the notice of decision. The notice of appeal must include:
    1. The appellant's name, mailing address, and day time telephone 
number;
    2. The title and date of the decision;
    3. The name of the responsible Forest Service official;
    4. A brief description and date of the decision being appealed;
    5. A statement of how the appellant is adversely affected by the 
decision being appealed;
    6. A statement of facts in dispute regarding the issue(s) raised by 
the appeal;
    7. Specific references to law, regulation, or policy that the 
appellant believes have been violated (if any) and the basis for such 
an allegation;
    8. A statement as to whether and how the appellant has tried to 
resolve the appeal issues with the appropriate Forest Service official, 
including evidence of submission of written comments at the 
predecisional stage; and
    9. A statement of the relief the appellant seeks.
    The data gathered in this information collection is not available 
from other sources.
    Estimate of Annual Burden: 4 hours.
    Type of Respondents: Timber sale purchasers, or their 
representatives, who are affected by recomputations of the small 
business share of timber sales.
    Estimated Annual Number of Respondents: 40.
    Estimated Annual Number of Responses per Respondent: 2.
    Estimated Total Annual Burden on Respondents: 320.

Comment Is Invited

    Comment is invited on: (1) Whether this collection of information 
is necessary for the stated purposes and the proper performance of the 
functions of the Agency, including whether the information will have 
practical or scientific utility; (2) the accuracy of the Agency's 
estimate of the burden of the 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 names 
and addresses when provided, will be a matter of public record. 
Comments will be summarized and included in the submission request 
toward Office of Management and Budget approval.

    Dated: March 9, 2011.
James M. Pena,
Associate Deputy Chief, National Forest System.
[FR Doc. 2011-5884 Filed 3-14-11; 8:45 am]
BILLING CODE 3410-11-P