Information Collection; Extension of Timber Sales, 42542-42543 [E8-16785]
Download as PDF
42542
Notices
Federal Register
Vol. 73, No. 141
Tuesday, July 22, 2008
This section of the FEDERAL REGISTER
contains documents other than rules or
proposed rules that are applicable to the
public. Notices of hearings and investigations,
committee meetings, agency decisions and
rulings, delegations of authority, filing of
petitions and applications and agency
statements of organization and functions are
examples of documents appearing in this
section.
DEPARTMENT OF AGRICULTURE
Forest Service
Information Collection; Extension of
Timber Sales
Forest Service, USDA.
Notice; request for comment.
AGENCY:
sroberts on PROD1PC70 with NOTICES
ACTION:
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 mrcta@fs.fed.us, 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.
VerDate Aug<31>2005
19:47 Jul 21, 2008
Jkt 214001
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 marketrelated 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.
PO 00000
Frm 00001
Fmt 4703
Sfmt 4703
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
E:\FR\FM\22JYN1.SGM
22JYN1
Federal Register / Vol. 73, No. 141 / Tuesday, July 22, 2008 / Notices
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
DEPARTMENT OF AGRICULTURE
Forest Service
Open House To Provide Information on
the Proposed Rule for the Management
of Roadless Areas in the State of
Colorado
Forest Service, USDA.
Notice of meeting.
AGENCY:
sroberts on PROD1PC70 with NOTICES
ACTION:
SUMMARY: There will be an open house
in Washington, DC to discuss the
proposed rule for the management of
roadless areas on National Forest
System lands in the State of Colorado.
DATES: The open house will be held July
29, 2008, from 5 p.m. to 9 p.m.
ADDRESSES: The open house will be
held at the U. S. Department of
Agriculture, Whitten Building, Whitten
Building Patio, 1400 Independence
Avenue, SW., Washington, DC.
Comments on the proposed rule may be
sent via e-mail to
COComments@fsroadless.org.
Comments also may be submitted via
the world wide Web/Internet at https://
www.regulations.gov. Written comments
concerning this notice should be
addressed to Roadless Area
Conservation-Colorado, P.O. Box
162909, Sacramento, CA 95916–2909, or
via facsimile to 916–456–6724. All
comments, including names and
addresses, when provided, are placed in
the record and are available for public
inspection and copying. To inspect
VerDate Aug<31>2005
19:47 Jul 21, 2008
Jkt 214001
public comments, please contact Kathy
Kurtz at 303–275–5083.
42543
DEPARTMENT OF AGRICULTURE
FOR FURTHER INFORMATION CONTACT:
Kathy Kurtz, Colorado Roadless Rule
Team Leader, at 303–275–5083.
Individuals using 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.
Natural Resources Conservation
Service
The Secretary of Agriculture’s
Determination of the Primary Purpose
of Pennsylvania’s Upper Makefield
Township Riparian Restoration and
Preservation Grant Program
The
public is invited to an open house with
Forest Service personnel available to
provide information and answer
questions about the proposed Colorado
Roadless Rule. Attendees are
encouraged to submit written public
comment at the open house, but there
will be no time allotted at the open
house for oral comments.
Meeting attendees will need to pass
through U.S. Department of Agriculture
security in order to enter the building.
You will need photo identification to
enter the building. Attendees are
encouraged to provide their names to
security prior to the meeting in order to
gain quicker access to the building.
Attendees can submit their names to a
comment line by calling 202–205–1776.
In the message you should identify
yourself as wanting to attend the public
meeting on the Colorado rule, and then
both say and spell your name. Any bags
that attendees bring will have to go
through screening; you are, therefore,
encouraged not to bring bags in order to
expedite the screening process.
A copy of the proposed rule, draft
environmental impact statement (DEIS),
the DEIS summary, dates for public
meetings in Colorado, and other
information related to this rulemaking
will be available at the national roadless
Web site (https://www.roadless.fs.fed.us.)
Reviewers may request printed copies or
compact disks of the DEIS and the
summary by writing to Colorado
Roadless Team/Planning, USDA Forest
Service, Rocky Mountain Regional
Office, 740 Simms Street, Golden, CO,
80401–4720, or by e-mail to commentsrocky-mountain-regionaloffice@fs.fed.us, or by Fax to 303–275–
5134. When ordering, requesters must
specify their address, if they wish to
receive the summary or full set of
documents, and if the material should
be provided in print or compact disk.
SUPPLEMENTARY INFORMATION:
Dated: July 17, 2008.
Charles L. Myers,
Associate Deputy Chief, National Forest
System.
[FR Doc. E8–16783 Filed 7–21–08; 8:45 am]
BILLING CODE 3410–11–P
PO 00000
Frm 00002
Fmt 4703
Sfmt 4703
Natural Resources
Conservation Service (NRCS), USDA.
ACTION: Notice of Determination.
AGENCY:
SUMMARY: NRCS is providing public
notice that the Secretary of Agriculture
has determined the payments made
under Pennsylvania’s Upper Makefield
Township Riparian Restoration and
Preservation Grant Program are
primarily for the purpose of protecting
or restoring the environment. NRCS was
assigned technical and administrative
responsibility for reviewing the Upper
Makefield Township Riparian
Restoration and Preservation Grant
Program and making appropriate
recommendations for the Secretary’s
determination of primary purpose. This
determination is in accordance with
section 126 of the Internal Revenue
Code of 1954, as amended (26 U.S.C.
126), and permits recipients of costshare payments to exclude from gross
income to the extent allowed by the
Internal Revenue Service.
FOR FURTHER INFORMATION CONTACT:
Township Solicitor, Upper Makefield
Township, 1076 Eagle Road, Newtown,
Pennsylvania 18940; or NRCS, Financial
Assistance Programs Division, Post
Office Box 2890, Washington, DC 20013.
SUPPLEMENTARY INFORMATION: Under
Section 126(a)(10) of the Internal
Revenue Code, gross income does not
include the ‘‘excludable portion’’ of
payments received under any program
of a State under which payments are
made to individuals primarily for the
purpose of protecting or restoring the
environment. In general, a payment for
selected conservation practices is
exempt from Federal taxation, if it meets
three tests: (1) Was for a capital expense;
(2) does not substantially increase the
operator’s annual income from the
property for which it is made; and (3)
the Secretary of Agriculture certified
that the payment was made primarily
for conserving soil and water resources,
protecting or restoring the environment,
improving forests, or providing habitat
for wildlife. The Secretary of
Agriculture evaluates a conservation
program on the basis of criteria set forth
in 7 CFR part 14, and makes a ‘‘primary
purpose’’ determination for the
payments made under the program. The
E:\FR\FM\22JYN1.SGM
22JYN1
Agencies
[Federal Register Volume 73, Number 141 (Tuesday, July 22, 2008)]
[Notices]
[Pages 42542-42543]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-16785]
========================================================================
Notices
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains documents other than rules
or proposed rules that are applicable to the public. Notices of hearings
and investigations, committee meetings, agency decisions and rulings,
delegations of authority, filing of petitions and applications and agency
statements of organization and functions are examples of documents
appearing in this section.
========================================================================
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.
-----------------------------------------------------------------------
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 mrcta@fs.fed.us, 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