82_FR_47892 82 FR 47695 - Information Collection; Small Business Timber Sale Set-Aside Program; Appeal Procedures on Recomputation of Shares

82 FR 47695 - Information Collection; Small Business Timber Sale Set-Aside Program; Appeal Procedures on Recomputation of Shares

DEPARTMENT OF AGRICULTURE
Forest Service

Federal Register Volume 82, Issue 197 (October 13, 2017)

Page Range47695-47696
FR Document2017-22154

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 no revision of a currently approved information collection, Small Business Timber Sale Set-Aside Program; Appeal Procedures on Recomputation of Shares.

Federal Register, Volume 82 Issue 197 (Friday, October 13, 2017)
[Federal Register Volume 82, Number 197 (Friday, October 13, 2017)]
[Notices]
[Pages 47695-47696]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-22154]


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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, 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 extension with no revision of a currently approved 
information collection, Small Business Timber Sale Set-Aside Program; 
Appeal Procedures on Recomputation of Shares.

DATES: Comments must be received in writing on or before December 12, 
2017 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 20250.
    Comments also may be submitted via facsimile to (703) 605-1575, or 
by email to [email protected].
    Comments submitted in response to this notice may be made available 
to the public through relevant Web sites 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 at Forest Service, USDA, Forest Management Office, 
Third Floor SW Wing, 201 14th Street SW., Washington DC, during normal 
business hours. Visitors are encouraged to call ahead to (202) 205-1766 
to facilitate entry to the building. 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: Sharon Nygaard-Scott, Forest 
Management Staff, by phone (202) 205-1766 or by email at 
[email protected]. Individuals who use telecommunication devices 
for the deaf (TDD) may call the Federal Relay Service (FRS) at 1-800-
877-8339 twenty-four 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: 4/30/2018.
    Type of Request: Extension without change 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 had 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 appeal 
decisions, the timelines for appeal, and the contents of the notice of 
appeal.
    The Forest Service provides qualifying timber sale purchasers 30-
days for predecisional 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 
predecisional 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 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 predecisional 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;

[[Page 47696]]

    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 
predecisional stage; and
    9. A statement of the relief the appellant seeks.
    The data gathered in this information collection is not available 
from other sources.
    Estimate of Annual Burden: 9 hours.
    Type of Respondents: Timber sale purchasers, or their 
representatives, who are affected by recomputations of the small 
business share of timber sales.
    Estimated Annual Number of Respondents: 40.
    Estimated Annual Number of Responses per Respondent: 2.
    Estimated Total Annual Burden on Respondents: 720 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 
toward Office of Management and Budget approval.

    Dated: September 22, 2017.
Glenn Casamassa,
Associate Deputy Chief, National Forest System.
[FR Doc. 2017-22154 Filed 10-12-17; 8:45 am]
 BILLING CODE 3411-15-P



                                                                                  Federal Register / Vol. 82, No. 197 / Friday, October 13, 2017 / Notices                                          47695

                                                     Done in Washington, DC, this 6th day of                Wing, 201 14th Street SW., Washington                 the recomputation of shares (61 FR
                                                    October 2017.                                           DC, during normal business hours.                     7468). The Conference Report
                                                    Michael C. Gregoire,                                    Visitors are encouraged to call ahead to              accompanying the 1997 Omnibus
                                                    Acting Administrator, Animal and Plant                  (202) 205–1766 to facilitate entry to the             Appropriation Act (Pub. L. 104–208)
                                                    Health Inspection Service.                              building. The public may request an                   directed the Forest Service to reinstate
                                                    [FR Doc. 2017–22228 Filed 10–12–17; 8:45 am]            electronic copy of the draft supporting               an appeals process for decisions
                                                    BILLING CODE 3410–34–P                                  statement and/or any comments                         concerning recomputation of Small
                                                                                                            received be sent via return email.                    Business Set-Aside shares, structural
                                                                                                            Requests should be emailed to                         recomputations of SBA shares, or
                                                    DEPARTMENT OF AGRICULTURE                               wosbaprocess@fs.fed.us.                               changes in policies impacting the Set-
                                                                                                            FOR FURTHER INFORMATION CONTACT:                      Aside Program prior to December 31,
                                                    Forest Service                                          Sharon Nygaard-Scott, Forest                          1996. The Small Business Timber Sale
                                                                                                            Management Staff, by phone (202) 205–                 Set-Aside Program; Appeal Procedures
                                                    Information Collection; Small Business
                                                                                                            1766 or by email at wosbaprocess@                     on Recomputation of Shares (36 CFR
                                                    Timber Sale Set-Aside Program;
                                                                                                            fs.fed.us. Individuals who use                        223.118; 64 FR 411, January 5, 1999)
                                                    Appeal Procedures on Recomputation
                                                                                                            telecommunication devices for the deaf                outlines the types of decisions that are
                                                    of Shares
                                                                                                            (TDD) may call the Federal Relay                      subject to appeal, who may appeal
                                                    AGENCY:   Forest Service, USDA.                         Service (FRS) at 1–800–877–8339                       decisions, the procedures for appeal
                                                    ACTION:   Notice; request for comment.                  twenty-four hours a day, every day of                 decisions, the timelines for appeal, and
                                                                                                            the year, including holidays.                         the contents of the notice of appeal.
                                                    SUMMARY:   In accordance with the                                                                                The Forest Service provides
                                                                                                            SUPPLEMENTARY INFORMATION:
                                                    Paperwork Reduction Act of 1995, the                       Title: Small Business Timber Sale Set-             qualifying timber sale purchasers 30-
                                                    Forest Service is seeking comments                      Aside Program; Appeal Procedures on                   days for predecisional review and
                                                    from all interested individuals and                     Recomputation of Shares.                              comment on draft decisions to reallocate
                                                    organizations on the extension with no                     OMB Number: 0596–0141.                             shares, including the data used in
                                                    revision of a currently approved                           Expiration Date of Approval: 4/30/                 making the proposed recomputation
                                                    information collection, Small Business                  2018.                                                 decision. Within 15 days after the close
                                                    Timber Sale Set-Aside Program; Appeal                      Type of Request: Extension without                 of the 30-day predecisional review
                                                    Procedures on Recomputation of                          change of a currently approved                        period, an Agency official makes a
                                                    Shares.                                                 information collection.                               decision on the shares to be set aside for
                                                    DATES: Comments must be received in                        Abstract: The Forest Service adopted               small businesses and gives written
                                                    writing on or before December 12, 2017                  the Small Business Timber Sale Set-                   notice of the decision to all parties on
                                                    to be assured of consideration.                         Aside Program (Set-Aside Program) on                  the national forest timber sale bidders
                                                    Comments received after that date will                  July 26, 1990 (55 FR 30485). The                      list for the affected area. The written
                                                    be considered to the extent practicable.                Agency administers the Set-Aside                      notice provides the date by which the
                                                    ADDRESSES: Comments concerning this                     Program in cooperation with the Small                 appeal may be filed and how to obtain
                                                    notice should be addressed to Director,                 Business Administration (SBA) under                   information on appeal procedures.
                                                    Forest Management, Mail Stop 1103,                      the authorities of the Small Business                    Only those timber sale purchasers, or
                                                    Forest Service, USDA, 1400                              Act (15 U.S.C. 631), the National Forest              their representatives, who are affected
                                                    Independence Avenue SW.,                                Management Act of 1976, and SBA                       by small business share timber sale set-
                                                    Washington, DC 20250.                                   regulations in 13 CFR part 121. The Set-              aside recomputation decisions and who
                                                      Comments also may be submitted via                    Aside Program is designed to ensure                   have submitted predecisional
                                                    facsimile to (703) 605–1575, or by email                that small business timber purchasers                 comments, may appeal recomputation
                                                    to wosbaprocess@fs.fed.us.                              have the opportunity to purchase a fair               decisions. The appellant must file a
                                                      Comments submitted in response to                     proportion of National Forest System                  notice of appeal with the appropriate
                                                    this notice may be made available to the                timber offered for sale.                              Forest Service official within 20 days of
                                                    public through relevant Web sites and                      Under the Set-Aside Program, the                   the date on the notice of decision. The
                                                    upon request. For this reason, please do                Forest Service must recompute the                     notice of appeal must include:
                                                    not include in your comments                            shares of timber sales to be set aside for               1. The appellant’s name, mailing
                                                    information of a confidential nature,                   qualifying small businesses every 5                   address, and daytime telephone
                                                    such as sensitive personal information                  years based on the actual volume of                   number;
                                                    or proprietary information. If you send                 sawtimber that has been purchased by                     2. The title or type of recomputation
                                                    an email comment, your email address                    small businesses. Additionally, shares                decision involved and date of the
                                                    will be automatically captured and                      must be recomputed if there is a change               decision;
                                                    included as part of the comment that is                 in manufacturing capability, if the                      3. The name of the responsible Forest
                                                    placed in the public docket and made                    purchaser size class changes, or if                   Service official;
                                                    available on the Internet. Please note                  certain purchasers discontinue                           4. A brief description and date of the
                                                    that responses to this public comment                   operations.                                           decision being appealed;
                                                    request containing any routine notice                      In 1992, the Agency adopted new                       5. A statement of how the appellant
                                                                                                                                                                  is adversely affected by the decision
asabaliauskas on DSKBBXCHB2PROD with NOTICES




                                                    about the confidentiality of the                        administrative appeal procedures (36
                                                    communication will be treated as public                 CFR part 215), which excluded the Set-                being appealed;
                                                    comments that may be made available to                  Aside Program. Prior to adoption of 36                   6. A statement of facts in dispute
                                                    the public notwithstanding the                          CFR part 215, the Agency had accepted                 regarding the issue(s) raised by the
                                                    inclusion of the routine notice.                        appeals of recomputation decisions                    appeal;
                                                      The public may inspect the draft                      under 36 CFR part 217; and therefore                     7. Specific references to law,
                                                    supporting statement and/or comments                    decided to establish procedures for                   regulation, or policy that the appellant
                                                    received at Forest Service, USDA, Forest                providing notice to affected purchasers               believes have been violated (if any) and
                                                    Management Office, Third Floor SW                       offering an opportunity to comment on                 the basis for such an allegation;


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                                                    47696                         Federal Register / Vol. 82, No. 197 / Friday, October 13, 2017 / Notices

                                                      8. A statement as to whether and how                  SUMMARY:    Notice is hereby given,                   Southern Regional Office at the above
                                                    the appellant has tried to resolve the                  pursuant to the provisions of the rules               email or street address.
                                                    appeal issues with the responsible                      and regulations of the U.S. Commission
                                                                                                                                                                  Agenda
                                                    Forest Service official, including                      on Civil Rights (Commission) and the
                                                    evidence of submission of written                       Federal Advisory Committee Act that                   Welcome and Call to Order
                                                    comments at the predecisional stage;                    the Tennessee (State) Advisory                          Diane DiIanni, Tennessee SAC
                                                    and                                                     Committee will hold a meeting on                           Chairman
                                                      9. A statement of the relief the                      Wednesday, November 8, 2017 to                          Jeff Hinton, Regional Director
                                                    appellant seeks.                                        continue the review and discussion of                 Regional Update—Jeff Hinton
                                                      The data gathered in this information                 the hearing transcript on civil asset                 New Business: Continuation of the
                                                    collection is not available from other                  forfeiture.                                                review and discussion of the
                                                    sources.                                                DATES: The meeting will be held on
                                                                                                                                                                       hearing transcript on civil asset
                                                      Estimate of Annual Burden: 9 hours.                   Wednesday, November 8, 2017, 12:30                         forfeiture Diane DiIanni, Tennessee
                                                      Type of Respondents: Timber sale                      p.m. EST.                                                  SAC Chairman/Staff/Advisory
                                                    purchasers, or their representatives,                                                                              Committee
                                                                                                            ADDRESSES: The meeting will be by
                                                    who are affected by recomputations of                                                                         Public Participation
                                                                                                            teleconference. Toll-free call-in number:
                                                    the small business share of timber sales.                                                                     Adjournment
                                                                                                            877–440–5788, conference ID: 6324926.
                                                      Estimated Annual Number of                                                                                    Dated: October 6, 2017.
                                                    Respondents: 40.                                        FOR FURTHER INFORMATION CONTACT: Jeff
                                                                                                            Hinton, DFO, at jhinton@usccr.gov or                  David Mussatt,
                                                      Estimated Annual Number of
                                                    Responses per Respondent: 2.                            (404) 562–7006.                                       Supervisory Chief, Regional Programs Unit.
                                                      Estimated Total Annual Burden on                      SUPPLEMENTARY INFORMATION: Members                    [FR Doc. 2017–22162 Filed 10–12–17; 8:45 am]
                                                    Respondents: 720 hours..                                of the public can listen to the                       BILLING CODE P
                                                                                                            discussion. This meeting is available to
                                                    Comment Is Invited                                      the public through the following toll-
                                                      Comment is invited on: (1) Whether                    free call-in number: (877) 440–5788,                  DEPARTMENT OF COMMERCE
                                                    this collection of information is                       conference ID: 6324926. Any interested
                                                    necessary for the stated purposes and                   member of the public may call this                    Foreign-Trade Zones Board
                                                    the proper performance of the functions                 number and listen to the meeting.                     [Order No. 2040]
                                                    of the agency, including whether the                    Callers can expect to incur charges for
                                                    information will have practical or                      calls they initiate over wireless lines,              Approval of Expansion of Subzone
                                                    scientific utility; (2) the accuracy of the             and the Commission will not refund any                124D; LOOP LLC; Lafourche and St.
                                                    agency’s estimate of the burden of the                  incurred charges. Callers will incur no               James Parishes, Louisiana
                                                    collection of information, including the                charge for calls they initiate over land-
                                                    validity of the methodology and                         line connections to the toll-free                       Pursuant to its authority under the Foreign-
                                                    assumptions used; (3) ways to enhance                   telephone number. Persons with hearing                Trade Zones Act of June 18, 1934, as
                                                                                                            impairments may also follow the                       amended (19 U.S.C. 81a–81u), the Foreign-
                                                    the quality, utility, and clarity of the                                                                      Trade Zones Board (the Board) adopts the
                                                    information to be collected; and (4)                    proceedings by first calling the Federal
                                                                                                                                                                  following Order:
                                                    ways to minimize the burden of the                      Relay Service at 1 (800) 977–8339 and
                                                    collection of information on                            providing the Service with the                           Whereas, the Foreign-Trade Zones
                                                    respondents, including the use of                       conference call number and conference                 (FTZ) Act provides for ‘‘. . . the
                                                    automated, electronic, mechanical, or                   ID number.                                            establishment . . . of foreign-trade
                                                    other technological collection                             Members of the public are also                     zones in ports of entry of the United
                                                    techniques or other forms of information                entitled to submit written comments;                  States, to expedite and encourage
                                                    technology.                                             the comments must be received in the                  foreign commerce, and for other
                                                      All comments received in response to                  regional office by November 3, 2017.                  purposes,’’ and authorizes the Foreign-
                                                    this notice, including names and                        Written comments may be mailed to the                 Trade Zones Board to grant to qualified
                                                    addresses when provided, will be a                      Southern Regional Office, U.S.                        corporations the privilege of
                                                    matter of public record. Comments will                  Commission on Civil Rights, 61 Forsyth                establishing foreign-trade zones in or
                                                    be summarized and included in the                       Street, Suite 16T126, Atlanta, GA 30303.              adjacent to U.S. Customs and Border
                                                    submission request toward Office of                     They may also be faxed to the                         Protection ports of entry;
                                                    Management and Budget approval.                         Commission at (404) 562–7005, or                         Whereas, the Board’s regulations (15
                                                                                                            emailed to Regional Director, Jeffrey                 CFR part 400) provide for the
                                                      Dated: September 22, 2017.
                                                                                                            Hinton at jhinton@usccr.gov. Persons                  establishment of subzones for specific
                                                    Glenn Casamassa,                                                                                              uses;
                                                                                                            who desire additional information may
                                                    Associate Deputy Chief, National Forest                 contact the Southern Regional Office at                  Whereas, the Port of South Louisiana,
                                                    System.                                                                                                       grantee of Foreign-Trade Zone 124, has
                                                                                                            (404) 562–7000.
                                                    [FR Doc. 2017–22154 Filed 10–12–17; 8:45 am]               Records generated from this meeting                made application to the Board to
                                                    BILLING CODE 3411–15–P                                  may be inspected and reproduced at the                expand Subzone 124D—Site 2 on behalf
                                                                                                            Southern Regional Office, as they                     of LOOP LLC to include an adjacent
asabaliauskas on DSKBBXCHB2PROD with NOTICES




                                                                                                            become available, both before and after               70.761 acres in St. James, Louisiana
                                                    COMMISSION ON CIVIL RIGHTS                              the meeting. Records of the meeting will              (FTZ Docket B–30–2017, docketed May
                                                                                                            be available via www.facadatabase.gov                 8, 2017);
                                                    Notice of Public Meeting of the                         under the Commission on Civil Rights,                    Whereas, notice inviting public
                                                    Tennessee Advisory Committee                            Tennessee Advisory Committee link.                    comment has been given in the Federal
                                                    AGENCY: U.S. Commission on Civil                        Persons interested in the work of this                Register (82 FR 25238, June 1, 2017) and
                                                    Rights.                                                 Committee are directed to the                         the application has been processed
                                                                                                            Commission’s Web site, http://                        pursuant to the FTZ Act and the Board’s
                                                    ACTION: Notice of meeting.
                                                                                                            www.usccr.gov, or may contact the                     regulations; and,


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Document Created: 2017-10-13 04:33:53
Document Modified: 2017-10-13 04:33:53
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice; request for comment.
DatesComments must be received in writing on or before December 12, 2017 to be assured of consideration. Comments received after that date will be considered to the extent practicable.
ContactSharon Nygaard-Scott, Forest Management Staff, by phone (202) 205-1766 or by email at [email protected] Individuals who use telecommunication devices for the deaf (TDD) may call the Federal Relay Service (FRS) at 1-800- 877-8339 twenty-four hours a day, every day of the year, including holidays.
FR Citation82 FR 47695 

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