[Federal Register Volume 79, Number 127 (Wednesday, July 2, 2014)]
[Notices]
[Pages 37712-37713]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-15520]


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

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 September 2, 
2014 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 (703) 605-1575, or 
by email to [email protected].
    Comments submitted in response to this notice may be made available 
to the public through relevant Web sites and upon request. For this 
reason, please do not include in your comments information of a 
confidential nature, such as sensitive personal information or 
proprietary information. If you send an email comment, your email 
address will be automatically captured and included as part of the 
comment that is placed in the public docket and made available on the 
Internet. Please note that responses to this public comment request 
containing any routine notice about the confidentiality of the 
communication will be treated as public comments that may be made 
available to the public notwithstanding the inclusion of the routine 
notice.
    The public may inspect the draft supporting statement and/or 
comments received at Forest Service, USDA, Forest Management Office, 
Third Floor SW Wing, 201 14th Street SW., Washington, DC, during normal 
business hours. Visitors are encouraged to call ahead to (202) 205-1766 
to facilitate entry to the building. The public may request an 
electronic copy of the draft supporting statement and/or any comments 
received be sent via return email. Requests should be emailed to 
[email protected].

FOR FURTHER INFORMATION CONTACT: Sharon Nygaard-Scott, Forest 
Management Staff, by phone (202) 205-1766 or by email at 
[email protected]. 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:
    Title: Small Business Timber Sale Set-Aside Program; Appeal 
Procedures on Recomputation of Shares.
    OMB Number: 0596-0141.
    Expiration Date of Approval: 12/31/2014.
    Type of Request: Extension without change of a currently approved 
information collection.
    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. Additionally, 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 recomputation 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 Sale 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

[[Page 37713]]

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 Burden per Response: 1 to 8 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: 360 hours.
    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 for 
Office of Management and Budget approval.

    Dated: June 25, 2014.
Nicholas Douglas,
Acting Deputy Chief.
[FR Doc. 2014-15520 Filed 7-1-14; 8:45 am]
BILLING CODE 3411-15-P