Notice2024-24995
Information Collection; Small Business Timber Sale Set-Aside Program; Appeal Procedures on Recomputation of Shares
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
October 28, 2024
Issuing agencies
Agriculture DepartmentForest Service
Abstract
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 revision of a currently approved information collection, titled Small Business Timber Sale Set-Aside Program; Appeal Procedures on Recomputation of Shares.
Full Text
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<title>Federal Register, Volume 89 Issue 208 (Monday, October 28, 2024)</title>
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[Federal Register Volume 89, Number 208 (Monday, October 28, 2024)]
[Notices]
[Pages 85493-85494]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-24995]
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DEPARTMENT OF AGRICULTURE
Forest Service
Information Collection; Small Business Timber Sale Set-Aside
Program; Appeal Procedures on Recomputation of Shares
AGENCY: Forest Service, Agriculture (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 extension with revision of a currently approved
information collection, titled Small Business Timber Sale Set-Aside
Program; Appeal Procedures on Recomputation of Shares.
DATES: Comments must be received in writing on or before December 27,
2024 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
Director, Forest Management, Mail Stop 1103, Forest Service, USDA, 1400
Independence Avenue SW, Washington, DC 20024.
Comments also may be submitted by email to:
<a href="/cdn-cgi/l/email-protection#fba8b6d5bda8d5acb4b5bda8a8b9bab2b8bb8e889f9ad59c948d"><span class="__cf_email__" data-cfemail="a8fbe586eefb86ffe7e6eefbfbeae9e1ebe8dddbccc986cfc7de">[email protected]</span></a>.
Comments submitted in response to this notice may be made available
to the public through relevant websites 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. 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 <a href="/cdn-cgi/l/email-protection#33607e1d75601d647c7d75606071727a7073464057521d545c45"><span class="__cf_email__" data-cfemail="acffe182eaff82fbe3e2eaffffeeede5efecd9dfc8cd82cbc3da">[email protected]</span></a>.
FOR FURTHER INFORMATION CONTACT: Mike Spisak, Natural Resources Staff,
910-975-0114. Individuals who use telecommunication devices for the
hearing impaired may call 711 to reach the Telecommunications Relay
Service, 24 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: February 28, 2025.
Type of Request: Extension with revision of a currently approved
information collection.
Abstract: The Forest Service adopted the Small Business Timber Sale
Set-Aside Program (Set-Aside Program) on July 26, 1990 (55 FR 30485).
The agency administers the Set-Aside 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 Set-Aside 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 Set-Aside 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 Set-Aside Program. Prior to
adoption of 36 CFR part 215, the agency 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 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 appealing
decisions, the timelines for appeal, and the contents of the notice of
appeal.
The Forest Service provides qualifying timber sale purchasers with
30-days for pre-decisional 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
pre-decisional 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
[[Page 85494]]
appeal may be filed and how to obtain information on appeal procedures.
Only those timber sale purchasers, or their representatives, who
are affected by small business share timber sale set-aside
recomputation decisions and who have submitted pre-decisional 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 on the notice of decision. The notice of appeal must include:
1. The appellant's name, mailing address, and daytime telephone
number;
2. The title or type of recomputation decision involved 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 responsible Forest Service official,
including evidence of submission of written comments at the pre-
decisional stage; and
9. A statement of the relief the appellant seeks.
The Appeal Deciding Officer shall review the decision and appeal
record and issue a written appeal decision to the parties as required
by 36 CFR 223.118. The data gathered in this information collection is
not available from other sources.
Affected Public: Timber sale purchasers, or their representatives,
who are affected by recomputations of small business share of timber
sales.
Estimate of Burden per Response: 20 hours, inclusive of pre-
decisional comments and appeal.
Estimated Annual Number of Respondents: 10.
Estimated Annual Number of Responses per Respondent: 2.
Estimated Total Annual Burden on Respondents: 200 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.
Christopher French,
Deputy Chief, National Forest System.
[FR Doc. 2024-24995 Filed 10-25-24; 8:45 am]
BILLING CODE 3411-15-P
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