Information Collection; Small Business Timber Sale Set-Aside Program; Appeal Procedures on Recomputation of Shares, 85493-85494 [2024-24995]

Agencies

• DEPARTMENT OF AGRICULTURE
• Forest Service

[Federal Register Volume 89, Number 208 (Monday, October 28, 2024)]
[Notices]
[Pages 85493-85494]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[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: 
[email protected].
    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 [email protected].

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]
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