Extension of Certain Timber Sale Contracts; Finding of Substantial Overriding Public Interest, 65169-65170 [2012-26245]
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Federal Register / Vol. 77, No. 207 / Thursday, October 25, 2012 / Notices
Dated: October 15, 2012.
Kathryn D. Hardy,
Forest Supervisor.
[FR Doc. 2012–26276 Filed 10–24–12; 8:45 am]
Relay Service (FIRS) at 1–800–877–8339
between 8:00 a.m. and 8:00 p.m.,
Eastern Standard Time, Monday
through Friday.
BILLING CODE 3410–11–P
SUPPLEMENTARY INFORMATION:
DEPARTMENT OF AGRICULTURE
Forest Service
Extension of Certain Timber Sale
Contracts; Finding of Substantial
Overriding Public Interest
Forest Service, USDA.
Notice of contract extensions.
AGENCY:
ACTION:
The Chief of the Forest
Service has determined there is a
Substantial Overriding Public Interest
(SOPI) in extending for up to 1 year
certain National Forest System FS–
2400–6/6T and FS–2400–13/13T
contracts that terminate on or before
December 31, 2013 and meet one or
more of the following conditions; (1)
Require removal of biomass material, (2)
require removal of balsam fir, (3) have
been appraised to a processing facility
that has permanently closed, or (4) have
been appraised to a processing facility
that has not operated for at least 6
months prior to requesting an extension
under this authority.
The intended effects of the SOPI
finding and contract extensions are to
minimize contract defaults, mill
closures, and company bankruptcies
while the Forest Service assesses
markets to determine if other relief
measures are needed. The Government
benefits if defaulted timber sale
contracts, mill closures, and
bankruptcies can be avoided by granting
extensions. Having numerous,
economically viable, timber sale
purchasers increases competition for
National Forest System timber sales,
results in higher prices paid for such
timber, and allows the Forest Service to
provide a continuous supply of timber
to the public in accordance with Forest
Service authorizing legislation. See Act
of June 4, 1897 (Ch. 2, 30 Stat. 11 as
amended, 16 U.S.C. 475) (Organic
Administration Act).
DATES: The determination was made on
October 25, 2012, by the Chief of the
Forest Service.
FOR FURTHER INFORMATION CONTACT:
Lathrop Smith, Forest Management
Staff, 970–295–5961 or Richard
Fitzgerald, Forest Management Staff
202–205–1753; 1400 Independence Ave.
SW., Mailstop 1103, Washington, DC
20250–1103. Individuals who use
telecommunication devices for the deaf
(TDD) may call the Federal Information
erowe on DSK2VPTVN1PROD with
SUMMARY:
VerDate Mar<15>2010
12:06 Oct 24, 2012
Jkt 229001
The Forest
Service sells timber and forest products
from National Forest System lands to
individuals and companies pursuant to
the National Forest Management Act of
1976, 16 U.S.C. 472a (NFMA). Each sale
is formalized by execution of a contract
between the purchaser and the Forest
Service. The contract sets forth the
explicit terms of the sale including such
matters as the estimated volume of
timber to be removed, the period for
removal, price to be paid to the
Government, road construction and
logging requirements, and
environmental protection measures to
be taken. The average contract period is
approximately 2 to 3 years, although
some contracts may have terms of 5 or
more years.
The National Forest Management Act
of 1976 (16 U.S.C. 472a(c) provides that
the Secretary of Agriculture shall not
extend any timber sale contract period
with an original term of 2 years or more
unless, he finds that the purchaser has
diligently performed in accordance with
an approved plan of operations, or that
the ‘‘Substantial Overriding Public
Interest’’ justifies the extension.
The Forest Service timber sale
contracts specify the estimated volume
and utilization standards for material
that is required to be cut and removed.
Specifying what material to remove or
leave is dependent upon a variety of
factors including the resource
management objectives stated in the
project decision documents, available
markets for the material to be treated
and economic factors associated with
different treatment options. Each sale
has its own set of resource and
economic factors affecting what material
will be cut and removed. In recent
years, there has been an increased
emphasis on including biomass material
in timber sale contracts as a method of
reducing fire danger by removing
hazardous fuels. On June 1, 2012, there
were 98 National Forest System timber
sales under contract in California that
included the required removal of
biomass material. Twenty-nine of these
sales had the biomass appraised to
facilities that are either not currently
accepting material or are closed
indefinitely, and an additional 15 sales
had the biomass appraised to facilities
that have been permanently closed.
Twenty-one of these sales have contract
termination dates of 12/31/2013 or
sooner.
PO 00000
Frm 00004
Fmt 4703
Sfmt 4703
65169
In response to concerns raised by 30
purchasers, on July 9, 2012,
Congressmen Tom McClintock and
Walter Herger wrote the Chief, U.S.
Forest Service urging him to consider
using administrative authorities under
36 CFR part 223 to extend contract
terms, modify contract terms, or cancel
contracts where there is mutual
agreement to do so, provided that the
taxpayers are unaffected by the
revisions. They noted that if the
problems with existing contracts are
ignored, there will be a substantial
number of defaults leaving the Forest
Service with partially completed
projects that will be difficult, and costly
to complete in the future. While the
focus of their letter addressed marketing
problems purchasers were experiencing
where biomass facilities had closed,
they were also concerned about impacts
to purchasers where sawmills had
closed.
In August 2012, the Verso paper mill
in Sartell, Minnesota, and the GeorgiaPacific hardboard plant in Duluth,
Minnesota, both shut down
permanently, putting more than 400
people out of work. The plant closings
were among the latest blows to an
industry that has been on the ropes
since the last recession began. In all, six
mills or about a third of the industry
have closed over the past 5 years
according to an August 31, 2012,
Minnesota Public Radio article.
Particularly hard hit by the Minnesota
mill closures is an almost complete loss
of markets for balsam fir.
Accordingly, and in recognition that
the problems in California and
Minnesota may apply to contracts in
other parts of the country, the Chief,
U.S. Forest Service has determined that
there is a SOPI for extending up to 1
year certain National Forest System FS–
2400–6/6T and FS–2400–13/13T
contracts. This will allow any purchaser
with a qualifying National Forest
System FS–2400–6/6T timber sale or
FS–2400–13/13T stewardship contract
to defer operations while the Forest
Service evaluates market conditions to
determine if additional market related
relief measures are needed. To be
eligible, a contract must terminate on or
before December 31, 2013, and meet at
least one of the following conditions; (1)
Require removal of biomass material, (2)
require removal of balsam fir, (3) have
been appraised to a processing facility
that has permanently closed, or (4) have
been appraised to a processing facility
that has not operated for at least 6
months prior to requesting an extension
under this authority. This finding does
not apply to (1) Salvage sale contracts
that were sold with the objective of
E:\FR\FM\25OCN1.SGM
25OCN1
65170
Federal Register / Vol. 77, No. 207 / Thursday, October 25, 2012 / Notices
harvesting deteriorating timber, (2)
contracts the Forest Service determines
are in urgent need of harvesting due to
deteriorating timber conditions that
developed following award of the
contract, (3) contracts that are in urgent
need of harvesting to accomplish fuel
reduction objectives in wildland urban
interface areas, (4) contracts with an
original term of less than 2 years, (5)
contracts that are in breach, or (6)
contracts when the purchaser’s
processing facility has not operated
during the preceding 6 months for
reasons qualifying for a contract term
addition. For contracts extended
pursuant to this finding, periodic
payment dates that have not been
reached shall be adjusted 1 day for each
additional day of contract time granted.
Total contract length shall not exceed 10
years including this extension. To
receive an extension and periodic
payment deferral, purchasers must make
a written request to the appropriate
Contracting Officer prior to November
30, 2013. Purchasers must also agree to
release the Forest Service from all
claims and liability if a contract is
suspended, modified, or terminated
after a contract is extended pursuant to
this SOPI.
To receive an extension and periodic
payment deferral, purchasers must make
a written request to the appropriate
Contracting Officer prior to November
30, 2013. Purchasers must also agree to
release the Forest Service from all
claims and liability if a contract is
suspended, modified, or terminated
after a contract is extended pursuant to
this SOPI.
Dated: October 16, 2012.
Thomas L. Tidwell,
Chief, Forest Service.
[FR Doc. 2012–26245 Filed 10–24–12; 8:45 am]
BILLING CODE 3410–11–P
COMMISSION ON CIVIL RIGHTS
Agenda and Notice of Public Meeting
of the Illinois Advisory Committee
Notice is hereby given, pursuant to
the provisions of the rules and
regulations of the U.S. Commission on
Civil Rights (Commission), and the
Federal Advisory Committee Act
(FACA), that a meeting and briefing of
the Illinois Advisory Committee to the
Commission will convene at 10:00 a.m.
and adjourn at 11:30 a.m. on November
6, 2012, at 55 W. Monroe St., Fifth Floor
Conference Room, Chicago, IL 60603.
The purpose of the meeting is to
monitor the findings and
recommendations of the Committee’s
2011 report on food deserts in Chicago.
Participants of the meeting will include
presenters at the 2010 fact finding
meeting.
Members of the public are entitled to
submit written comments; the
comments must be received in the
regional office by December 6, 2012.
The address is 55 W. Monroe St., Suite
410, Chicago, IL 60603. Persons wishing
to email their comments, or to present
their comments verbally at the meeting,
or who desire additional information
should contact Carolyn Allen,
Administrative Assistant, (312) 353–
8311, or by email: callen@usccr.gov.
Hearing-impaired persons who will
attend the meeting and require the
services of a sign language interpreter
should contact the Regional Office at
least ten (10) working days before the
scheduled date of the meeting.
Records generated from this meeting
may be inspected and reproduced at the
Midwestern Regional Office, as they
become available, both before and after
the meeting. Persons interested in the
work of this advisory committee are
advised to go to the Commission’s Web
site, www.usccr.gov, or to contact the
Midwestern Regional Office at the above
email or street address.
The meeting will be conducted
pursuant to the provisions of the rules
and regulations of the Commission and
FACA.
Dated in Washington, DC, October 22,
2012.
Peter Minarik,
Acting Chief, Regional Programs
Coordination Unit.
[FR Doc. 2012–26280 Filed 10–24–12; 8:45 am]
BILLING CODE 6335–01–P
DEPARTMENT OF COMMERCE
Economic Development Administration
Notice of Petitions by Firms for
Determination of Eligibility To Apply
for Trade Adjustment Assistance
Economic Development
Administration, Department of
Commerce.
AGENCY:
Notice and Opportunity for
Public Comment.
ACTION:
Pursuant to Section 251 of the Trade
Act 1974, as amended (19 U.S.C. 2341
et seq.), the Economic Development
Administration (EDA) has received
petitions for certification of eligibility to
apply for Trade Adjustment Assistance
from the firms listed below.
Accordingly, EDA has initiated
investigations to determine whether
increased imports into the United States
of articles like or directly competitive
with those produced by each of these
firms contributed importantly to the
total or partial separation of the firm’s
workers, or threat thereof, and to a
decrease in sales or production of each
petitioning firm.
LIST OF PETITIONS RECEIVED BY EDA FOR CERTIFICATION ELIGIBILITY TO APPLY FOR TRADE ADJUSTMENT ASSISTANCE
[10/03/2012 through 10/19/2012]
Firm name
Firm address
Architectural Stone International d/b/a D’Vontz.
BSA International Aerospace Co.
7208 E. 38th Street,
Tulsa, OK 74145.
6945 Arlington Avenue,
Riverside, CA 92503–
1537.
25570 Rye Canyon
Road, Suite B, Santa
Clarita, CA 91355–
1176.
700 S. 7th Street, Delano, MN 55328.
2517 Wyandotte Road,
Willow Grove, PA
19090.
erowe on DSK2VPTVN1PROD with
Aerospace Metal Fabrication.
Northern Lights Laser,
Inc.
Parking Products, Inc ....
VerDate Mar<15>2010
12:06 Oct 24, 2012
Jkt 229001
PO 00000
Date accepted
for investigation
Product(s)
10/10/2012
Manufacturer of custom cabinetry and millwork.
10/10/2012
Manufacturer and repair of electromechanical parts and components
such as aircraft fuel motors and motor actuators.
10/15/2012
Manufacturer of a wide variety of materials, metals and plastics.
10/15/2012
Manufacturer of parts for non-aircraft turbines, parts for medical appliances.
Manufacturer of parking control equipment including barrier gates, ticket
issuing machings, access control, and revenue control.
10/19/2012
Frm 00005
Fmt 4703
Sfmt 4703
E:\FR\FM\25OCN1.SGM
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]]>Agencies
[Federal Register Volume 77, Number 207 (Thursday, October 25, 2012)]
[Notices]
[Pages 65169-65170]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-26245]
-----------------------------------------------------------------------
DEPARTMENT OF AGRICULTURE
Forest Service
Extension of Certain Timber Sale Contracts; Finding of
Substantial Overriding Public Interest
AGENCY: Forest Service, USDA.
ACTION: Notice of contract extensions.
-----------------------------------------------------------------------
SUMMARY: The Chief of the Forest Service has determined there is a
Substantial Overriding Public Interest (SOPI) in extending for up to 1
year certain National Forest System FS-2400-6/6T and FS-2400-13/13T
contracts that terminate on or before December 31, 2013 and meet one or
more of the following conditions; (1) Require removal of biomass
material, (2) require removal of balsam fir, (3) have been appraised to
a processing facility that has permanently closed, or (4) have been
appraised to a processing facility that has not operated for at least 6
months prior to requesting an extension under this authority.
The intended effects of the SOPI finding and contract extensions
are to minimize contract defaults, mill closures, and company
bankruptcies while the Forest Service assesses markets to determine if
other relief measures are needed. The Government benefits if defaulted
timber sale contracts, mill closures, and bankruptcies can be avoided
by granting extensions. Having numerous, economically viable, timber
sale purchasers increases competition for National Forest System timber
sales, results in higher prices paid for such timber, and allows the
Forest Service to provide a continuous supply of timber to the public
in accordance with Forest Service authorizing legislation. See Act of
June 4, 1897 (Ch. 2, 30 Stat. 11 as amended, 16 U.S.C. 475) (Organic
Administration Act).
DATES: The determination was made on October 25, 2012, by the Chief of
the Forest Service.
FOR FURTHER INFORMATION CONTACT: Lathrop Smith, Forest Management
Staff, 970-295-5961 or Richard Fitzgerald, Forest Management Staff 202-
205-1753; 1400 Independence Ave. SW., Mailstop 1103, Washington, DC
20250-1103. Individuals who use telecommunication devices for the deaf
(TDD) may call the Federal Information Relay Service (FIRS) at 1-800-
877-8339 between 8:00 a.m. and 8:00 p.m., Eastern Standard Time, Monday
through Friday.
SUPPLEMENTARY INFORMATION: The Forest Service sells timber and forest
products from National Forest System lands to individuals and companies
pursuant to the National Forest Management Act of 1976, 16 U.S.C. 472a
(NFMA). Each sale is formalized by execution of a contract between the
purchaser and the Forest Service. The contract sets forth the explicit
terms of the sale including such matters as the estimated volume of
timber to be removed, the period for removal, price to be paid to the
Government, road construction and logging requirements, and
environmental protection measures to be taken. The average contract
period is approximately 2 to 3 years, although some contracts may have
terms of 5 or more years.
The National Forest Management Act of 1976 (16 U.S.C. 472a(c)
provides that the Secretary of Agriculture shall not extend any timber
sale contract period with an original term of 2 years or more unless,
he finds that the purchaser has diligently performed in accordance with
an approved plan of operations, or that the ``Substantial Overriding
Public Interest'' justifies the extension.
The Forest Service timber sale contracts specify the estimated
volume and utilization standards for material that is required to be
cut and removed. Specifying what material to remove or leave is
dependent upon a variety of factors including the resource management
objectives stated in the project decision documents, available markets
for the material to be treated and economic factors associated with
different treatment options. Each sale has its own set of resource and
economic factors affecting what material will be cut and removed. In
recent years, there has been an increased emphasis on including biomass
material in timber sale contracts as a method of reducing fire danger
by removing hazardous fuels. On June 1, 2012, there were 98 National
Forest System timber sales under contract in California that included
the required removal of biomass material. Twenty-nine of these sales
had the biomass appraised to facilities that are either not currently
accepting material or are closed indefinitely, and an additional 15
sales had the biomass appraised to facilities that have been
permanently closed. Twenty-one of these sales have contract termination
dates of 12/31/2013 or sooner.
In response to concerns raised by 30 purchasers, on July 9, 2012,
Congressmen Tom McClintock and Walter Herger wrote the Chief, U.S.
Forest Service urging him to consider using administrative authorities
under 36 CFR part 223 to extend contract terms, modify contract terms,
or cancel contracts where there is mutual agreement to do so, provided
that the taxpayers are unaffected by the revisions. They noted that if
the problems with existing contracts are ignored, there will be a
substantial number of defaults leaving the Forest Service with
partially completed projects that will be difficult, and costly to
complete in the future. While the focus of their letter addressed
marketing problems purchasers were experiencing where biomass
facilities had closed, they were also concerned about impacts to
purchasers where sawmills had closed.
In August 2012, the Verso paper mill in Sartell, Minnesota, and the
Georgia-Pacific hardboard plant in Duluth, Minnesota, both shut down
permanently, putting more than 400 people out of work. The plant
closings were among the latest blows to an industry that has been on
the ropes since the last recession began. In all, six mills or about a
third of the industry have closed over the past 5 years according to an
August 31, 2012, Minnesota Public Radio article. Particularly hard hit
by the Minnesota mill closures is an almost complete loss of markets
for balsam fir.
Accordingly, and in recognition that the problems in California and
Minnesota may apply to contracts in other parts of the country, the
Chief, U.S. Forest Service has determined that there is a SOPI for
extending up to 1 year certain National Forest System FS-2400-6/6T and
FS-2400-13/13T contracts. This will allow any purchaser with a
qualifying National Forest System FS-2400-6/6T timber sale or FS-2400-
13/13T stewardship contract to defer operations while the Forest
Service evaluates market conditions to determine if additional market
related relief measures are needed. To be eligible, a contract must
terminate on or before December 31, 2013, and meet at least one of the
following conditions; (1) Require removal of biomass material, (2)
require removal of balsam fir, (3) have been appraised to a processing
facility that has permanently closed, or (4) have been appraised to a
processing facility that has not operated for at least 6 months prior
to requesting an extension under this authority. This finding does not
apply to (1) Salvage sale contracts that were sold with the objective
of
[[Page 65170]]
harvesting deteriorating timber, (2) contracts the Forest Service
determines are in urgent need of harvesting due to deteriorating timber
conditions that developed following award of the contract, (3)
contracts that are in urgent need of harvesting to accomplish fuel
reduction objectives in wildland urban interface areas, (4) contracts
with an original term of less than 2 years, (5) contracts that are in
breach, or (6) contracts when the purchaser's processing facility has
not operated during the preceding 6 months for reasons qualifying for a
contract term addition. For contracts extended pursuant to this
finding, periodic payment dates that have not been reached shall be
adjusted 1 day for each additional day of contract time granted. Total
contract length shall not exceed 10 years including this extension. To
receive an extension and periodic payment deferral, purchasers must
make a written request to the appropriate Contracting Officer prior to
November 30, 2013. Purchasers must also agree to release the Forest
Service from all claims and liability if a contract is suspended,
modified, or terminated after a contract is extended pursuant to this
SOPI.
To receive an extension and periodic payment deferral, purchasers
must make a written request to the appropriate Contracting Officer
prior to November 30, 2013. Purchasers must also agree to release the
Forest Service from all claims and liability if a contract is
suspended, modified, or terminated after a contract is extended
pursuant to this SOPI.
Dated: October 16, 2012.
Thomas L. Tidwell,
Chief, Forest Service.
[FR Doc. 2012-26245 Filed 10-24-12; 8:45 am]
BILLING CODE 3410-11-P
