Regulatory Flexibility Act Assessment-Locatable Minerals Operations, 34239-34240 [E8-13446]

Download as PDF Federal Register / Vol. 73, No. 117 / Tuesday, June 17, 2008 / Proposed Rules the same as the text of § 1.41–8T(b)(2) through (b)(5) published elsewhere in this issue of the Federal Register.] * * * * * Par. 4. Section 1.41–9 is added to read as follows: § 1.41–9 Alternative simplified credit. [The text of proposed § 1.41–9 is the same as the text of § 1.41–9T (a) through (d) published elsewhere in this issue of the Federal Register.] Steven T. Miller, Acting Deputy Commissioner for Services and Enforcement. [FR Doc. 08–1363 Filed 6–13–08; 11:51am] BILLING CODE 4830–01–P DEPARTMENT OF AGRICULTURE Forest Service 36 CFR Parts 223, 228, 261, 292, and 293 Regulatory Flexibility Act Assessment—Locatable Minerals Operations Forest Service, USDA. Notice of proposed rulemaking; request for comment. AGENCY: ACTION: SUMMARY: The Forest Service published in the Federal Register a proposed rule to revise the regulations for locatable minerals operations conducted on National Forest System lands. The proposed rule considered impacts to small entities under Executive Order 13272 and the Small Business Regulatory Enforcement Fairness Act of 1996 (SBREFA). However, the proposed rule did not make available nor seek comment on the small entities flexibility assessment. This notice allows for review and seeks comment on the flexibility assessment. DATES: Comments must be received, in writing, on or before July 17, 2008. ADDRESSES: Send written comments to Forest Service, USDA, Attn: Director, Minerals and Geology Management (MGM) Staff, (2810), Mail Stop 1126, Washington, DC 20250–1125; by electronic mail to 36cfr228a@fs.fed.us; by fax to (703) 605–1575. If comments are sent by electronic mail or by fax, the public is requested not to send duplicate written comments via regular mail. The public may inspect comments received on the proposed rule in the Office of the Director, MGM Staff, 5th Floor, Rosslyn Plaza Central, 1601 North Kent Street, Arlington, Virginia, on business days between the hours of 8:30 a.m. and 4 p.m. Those wishing to inspect comments are encouraged to call ahead at (703) 605–4646 to facilitate entry into the building. FOR FURTHER INFORMATION CONTACT: Mike Doran, Minerals and Geology Management Staff, (208) 373–4132. 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. 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: The assessment follows. Description of Small Entities Affected The proposed rule (73 FR 15694, Mar. 25, 2008) would directly affect all exploration and mining companies. There are currently approximately 1,800 exploration and mining companies 34239 operating on the National Forests. Seventy-five percent of these companies are considered small business with less than 500 employees. The size of these 1,260 small businesses range from one person to 499 employees. Total production ranges from zero production for exploration companies to few thousand dollars per year for very small mining to several million dollars per year for the larger mining companies. Most mining companies require at least 20–25 percent profit to survive mining’s volatile market. Economic Impacts on Small Entities Increased operating costs from the proposed rule to small exploration and mining companies is expected to be insignificant since the small entities are already working under the proposed rule through current direction and policy spelled out in the Forest Service manual and handbooks. The proposed rule codifies much of the existing direction and policy. The most direct costs from the proposed regulations will come from how much time and money is spent on filling out and filing the required notice of intent, cessation of operations, or an operating plan. Table #1 records the 2007 annualized burden costs for an operator. The United States Geological Survey (USGS) published earnings information pertaining to locatable mineral operations. That information can be found in the Mineral Commodity Summaries 2007. The USGS disclosed that the estimated ‘‘Average weekly earnings of production workers’’ for metal mining in 2006 was $979. Based on 40 hours a week and on an 8-hour workday, the average hourly salary in the locatable mineral arena is about $24.48. This rate is reflected in Table #1. TABLE #1.—2007 ANNUALIZED BURDEN COSTS Number of respondents Information collection jlentini on PROD1PC65 with PROPOSALS Plan of operations .................................... Notice of intent ......................................... Cessation of operations ........................... 319 1,396 3 Each year the Forest Service surveys the regional offices to get an estimate of how many Plans of Operations and Notices of Intents were received. The latest figures indicate that 320 Plans of VerDate Aug<31>2005 16:08 Jun 16, 2008 Jkt 214001 Response frequency Hour burden per collection 1 1 1 12 2 1 Operations and 415 Notices of Intent were received in 2007. All of these plans and notices came from small entities. Total estimated 2007 costs for small entities to comply with the information PO 00000 Frm 00038 Fmt 4702 Sfmt 4702 Total burden hours 3,828 2,792 3 Annualized costs @$24.48/hour $93,709 20,318 73 Cost per respondent $293.76 14.55 24.33 collection was $114,100. The estimated additional information collection costs for the proposed bonded notice are reflected in Table #2. E:\FR\FM\17JNP1.SGM 17JNP1 34240 Federal Register / Vol. 73, No. 117 / Tuesday, June 17, 2008 / Proposed Rules TABLE #2.—2007 ANNUALIZED BURDEN COSTS FOR A BONDED NOTICE (Proposed Rule) Number of respondents Information collection Bonded notice .............................. 100 The field units provided an initial estimate of 100 exploration and mining companies that would use the bonded notice instead of a plan of operation. A six hour burden per bonded notice was assumed giving a total of 600 burden hours. Annualized costs to the small entities would be $14,688. The economic impact on an individual respondent would be $114,100 + $14,688 = $128,788 divided by 1,260 small businesses = $102.21. Conclusion Hour burden per collection Total burden hours Annualized costs @$24.48/ hour 6 Response frequency 600 $14,688 1 GENERAL SERVICES ADMINISTRATION 48 CFR Part 501 [GSAR Case 2006–G502; Docket 2008–0007; Sequence 5] RIN 3090–AI53 General Services Acquisition Regulation; GSAR Case 2006– G502;Rewrite of GSAR Part 501; General Services Administration Acquisition Regulation System Office of the Chief Acquisition Officer, General Services Administration (GSA). ACTION: Proposed rule. AGENCY: The comments will be addressed in the final rule for locatable minerals operations. The Forest Service has determined that the proposed rule will have an impact on a substantial number of small businesses. However, the economic impact of the proposed rule will not be significant. Under the proposed rule small entities will have the option of filing a bonded notice rather than a plan of operation for shortterm, low impact exploration proposals rather the longer plan of operations requiring more analysis and a longer approval time. The Forest Service expects the major impact from the proposed rule to be a reduction of paperwork burden for the small entities which should be beneficial to small exploration and mining companies. The Forest Service hereby certifies that the proposed rule will not have significant economic impact on a substantial number of small entities as defined by SBRFEA. BILLING CODE 3410–11–P jlentini on PROD1PC65 with PROPOSALS Dated: June 9, 2008. Charles L. Myers, Associate Deputy Chief, National Forest System. [FR Doc. E8–13446 Filed 6–16–08; 8:45 am] SUMMARY: The General Services Administration (GSA) is proposing to amend the General Services Acquisition Regulation (GSAR) to update the text addressing the General Services Administration Acquisition Regulation System. This rule is a result of the General Services Administration Acquisition Manual (GSAM) Rewrite Initiative undertaken by GSA to revise the GSAM to maintain consistency with the Federal Acquisition Regulation (FAR), and to implement streamlined and innovative acquisition procedures that contractors, offerors and GSA contracting personnel can utilize when entering into and administering contractual relationships. The GSAM incorporates the GSAR as well as internal agency acquisition policy. GSA will rewrite each part of the GSAR and GSAM, and as each GSAR part is rewritten, will publish it in the Federal Register. This rule covers the rewrite of GSAR Part 501, General Services Administration Acquisition Regulation System. DATES: VerDate Aug<31>2005 16:08 Jun 16, 2008 Interested parties should submit written comments to the Regulatory Secretariat on or before August 18, 2008 to be considered in the formulation of a final rule. ADDRESSES: Submit comments identified by GSAR Case 2006–G502 by any of the following methods: • Regulations.gov: https:// www.regulations.gov.Submit comments via the Federal eRulemaking portal by Jkt 214001 PO 00000 Frm 00039 Fmt 4702 Sfmt 4702 Cost per respondent $146.88 inputting ‘‘GSAR Case 2006–G502’’ under the heading ‘‘Comment or Submission’’. Select the link ‘‘Send a Comment or Submission’’ that corresponds with GSAR Case 2006– G502. Follow the instructions provided to complete the ‘‘Public Comment and Submission Form’’. Please include your name, company name (if any), and ‘‘GSAR Case 2006–G502’’ on your attached document. • Fax: 202–501–4067. • Mail: General Services Administration, Regulatory Secretariat (VPR), 1800 F Street, NW, Room 4035, ATTN: Laurieann Duarte, Washington, DC 20405. Instructions: Please submit comments only and cite GSAR Case 2006–G502 in all correspondence related to this case. All comments received will be posted without change to https:// www.regulations.gov, including any personal and/or business confidential information provided. FOR FURTHER INFORMATION CONTACT: For clarification of content, contact Ms. Beverly Cromer at (202) 501–1448, or by e-mail at Beverly.Cromer@gsa.gov. For information pertaining to the status or publication schedules, contact the Regulatory Secretariat (VPR), Room 4035, GS Building, Washington, DC 20405, (202) 501–4755. Please cite GSAR Case 2006–G502. SUPPLEMENTARY INFORMATION: A. Background GSA published an Advance Notice of Proposed Rulemaking (ANPR) with request for comments in the Federal Register at 71 FR 7910, February 15, 2006, because GSA was beginning the review and update of the General Services Administration Acquisition Regulation (GSAR). No public comments were received on GSAR Part 501. This GSAR rewrite will— • Change ‘‘you’’ to ‘‘contracting officer’’. • Maintain consistency with the FAR but eliminate duplication. • Revise GSAR sections that are outof-date, or which imposed inappropriate burdens on the Government or contractors, especially small businesses. • Streamline and simplify wherever possible. E:\FR\FM\17JNP1.SGM 17JNP1

Agencies

[Federal Register Volume 73, Number 117 (Tuesday, June 17, 2008)]
[Proposed Rules]
[Pages 34239-34240]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-13446]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF AGRICULTURE

Forest Service

36 CFR Parts 223, 228, 261, 292, and 293


Regulatory Flexibility Act Assessment--Locatable Minerals 
Operations

AGENCY: Forest Service, USDA.

ACTION: Notice of proposed rulemaking; request for comment.

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

SUMMARY: The Forest Service published in the Federal Register a 
proposed rule to revise the regulations for locatable minerals 
operations conducted on National Forest System lands. The proposed rule 
considered impacts to small entities under Executive Order 13272 and 
the Small Business Regulatory Enforcement Fairness Act of 1996 
(SBREFA). However, the proposed rule did not make available nor seek 
comment on the small entities flexibility assessment. This notice 
allows for review and seeks comment on the flexibility assessment.

DATES: Comments must be received, in writing, on or before July 17, 
2008.

ADDRESSES: Send written comments to Forest Service, USDA, Attn: 
Director, Minerals and Geology Management (MGM) Staff, (2810), Mail 
Stop 1126, Washington, DC 20250-1125; by electronic mail to 
36cfr228a@fs.fed.us; by fax to (703) 605-1575. If comments are sent by 
electronic mail or by fax, the public is requested not to send 
duplicate written comments via regular mail. The public may inspect 
comments received on the proposed rule in the Office of the Director, 
MGM Staff, 5th Floor, Rosslyn Plaza Central, 1601 North Kent Street, 
Arlington, Virginia, on business days between the hours of 8:30 a.m. 
and 4 p.m. Those wishing to inspect comments are encouraged to call 
ahead at (703) 605-4646 to facilitate entry into the building.

FOR FURTHER INFORMATION CONTACT: Mike Doran, Minerals and Geology 
Management Staff, (208) 373-4132. 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.
    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: The assessment follows.

Description of Small Entities Affected

    The proposed rule (73 FR 15694, Mar. 25, 2008) would directly 
affect all exploration and mining companies. There are currently 
approximately 1,800 exploration and mining companies operating on the 
National Forests. Seventy-five percent of these companies are 
considered small business with less than 500 employees. The size of 
these 1,260 small businesses range from one person to 499 employees. 
Total production ranges from zero production for exploration companies 
to few thousand dollars per year for very small mining to several 
million dollars per year for the larger mining companies. Most mining 
companies require at least 20-25 percent profit to survive mining's 
volatile market.

Economic Impacts on Small Entities

    Increased operating costs from the proposed rule to small 
exploration and mining companies is expected to be insignificant since 
the small entities are already working under the proposed rule through 
current direction and policy spelled out in the Forest Service manual 
and handbooks. The proposed rule codifies much of the existing 
direction and policy.
    The most direct costs from the proposed regulations will come from 
how much time and money is spent on filling out and filing the required 
notice of intent, cessation of operations, or an operating plan. Table 
1 records the 2007 annualized burden costs for an operator.
    The United States Geological Survey (USGS) published earnings 
information pertaining to locatable mineral operations. That 
information can be found in the Mineral Commodity Summaries 2007. The 
USGS disclosed that the estimated ``Average weekly earnings of 
production workers'' for metal mining in 2006 was $979. Based on 40 
hours a week and on an 8-hour workday, the average hourly salary in the 
locatable mineral arena is about $24.48. This rate is reflected in 
Table 1.

                                                     Table 1.--2007 Annualized Burden Costs
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                                            Annualized
                 Information collection                      Number of       Response       Hour burden    Total burden   costs @$24.48/     Cost per
                                                            respondents      frequency    per collection       hours           hour         respondent
--------------------------------------------------------------------------------------------------------------------------------------------------------
Plan of operations......................................             319               1              12           3,828         $93,709         $293.76
Notice of intent........................................           1,396               1               2           2,792          20,318           14.55
Cessation of operations.................................               3               1               1               3              73           24.33
--------------------------------------------------------------------------------------------------------------------------------------------------------

    Each year the Forest Service surveys the regional offices to get an 
estimate of how many Plans of Operations and Notices of Intents were 
received. The latest figures indicate that 320 Plans of Operations and 
415 Notices of Intent were received in 2007. All of these plans and 
notices came from small entities.
    Total estimated 2007 costs for small entities to comply with the 
information collection was $114,100. The estimated additional 
information collection costs for the proposed bonded notice are 
reflected in Table 2.

[[Page 34240]]



                                           Table 2.--2007 Annualized Burden Costs for a Bonded Notice
                                                                     (Proposed Rule)
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                                           Annualized
              Information collection                   Number of         Response     Hour burden per    Total burden    costs @$24.48/      Cost per
                                                      respondents       frequency        collection         hours             hour          respondent
--------------------------------------------------------------------------------------------------------------------------------------------------------
Bonded notice.....................................             100                1                6              600          $14,688          $146.88
--------------------------------------------------------------------------------------------------------------------------------------------------------

    The field units provided an initial estimate of 100 exploration and 
mining companies that would use the bonded notice instead of a plan of 
operation. A six hour burden per bonded notice was assumed giving a 
total of 600 burden hours. Annualized costs to the small entities would 
be $14,688.
    The economic impact on an individual respondent would be $114,100 + 
$14,688 = $128,788 divided by 1,260 small businesses = $102.21.

Conclusion

    The comments will be addressed in the final rule for locatable 
minerals operations. The Forest Service has determined that the 
proposed rule will have an impact on a substantial number of small 
businesses. However, the economic impact of the proposed rule will not 
be significant. Under the proposed rule small entities will have the 
option of filing a bonded notice rather than a plan of operation for 
short-term, low impact exploration proposals rather the longer plan of 
operations requiring more analysis and a longer approval time. The 
Forest Service expects the major impact from the proposed rule to be a 
reduction of paperwork burden for the small entities which should be 
beneficial to small exploration and mining companies.
    The Forest Service hereby certifies that the proposed rule will not 
have significant economic impact on a substantial number of small 
entities as defined by SBRFEA.

    Dated: June 9, 2008.
Charles L. Myers,
Associate Deputy Chief, National Forest System.
[FR Doc. E8-13446 Filed 6-16-08; 8:45 am]
BILLING CODE 3410-11-P
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.