13974 Federal Register / Vol. 76, No. 50 / Tuesday, March 15, 2011 / Notices 

Register. You may submit comments by 

any of the following methods: 

• E-mail address: Send comments to: 

FSA-USWA@wdc.usda.gov. 

• Mail: Patricia Barrett, Warehouse 

Operations Program Manager, FSA, 

United States Department of 

Agriculture, Mail Stop 0553, 1400 

Independence Ave, SW., Washington, 

DC 20250–0553. 

• Fax: (202) 690–3123. 

Persons with disabilities who require 

alternative means for communication 

(Braille, large print, audiotape, etc.) for 

this information should contact USDA’s 

TARGET Center at (202) 720–2600 

(voice and TDD). 

FOR FURTHER INFORMATION CONTACT: 

Patricia Barrett, (202) 720–3877. 

SUPPLEMENTARY INFORMATION: 

USWA (7 U.S.C. 241–256) authorizes 

the Secretary of Agriculture to license 

warehouse operators who store 

agricultural products; FSA administers 

this authority. 

USWA provides for licensing and 

inspection of warehouses used to store 

agricultural products, issuance of 

warehouse receipts, including electronic 

warehouse receipts for all agricultural 

products, and for other purposes. 

The USWA licensing program is a 

voluntary program that is intended to 

protect depositors of agricultural 

products in licensed warehouses (7 CFR 

part 735). The licensing program is 

based on a written agreement outlining 

the terms and conditions for a 

warehouse operator to qualify for 

licensing, and requirements to operate 

the warehouse in compliance with 

USWA and the regulations. 

USWA requires FSA to notify the 

public and provide the opportunity to 

comment on agricultural products that 

are under consideration for a warehouse 

license. FSA is proposing to create a 

voluntary USWA licensing program for 

processed agricultural products that are 

stored in climate controlled, cooler, and 

freezer warehouses. This proposal 

covers specific processed agricultural 

products such as apple juice concentrate 

and other similar products. This 

proposal is in response to an industry 

request, which is based on their need for 

the use of negotiable warehouse receipts 

in their business processes. 

The warehouse examination program 

is designed to ensure the warehouse 

operator’s initial qualification for 

licensing and continuing compliance 

with the standards of approval and 

operation. FSA will conduct 

examinations of licensed facilities to 

determine their suitability for proper 

storage and handling of commodities. 

The examination will include review of 

warehouse records, pest management 

and control, housekeeping, safety, and 

security of goods in the care and 

custody of the licensee. The personnel 

conducting the examinations will verify 

that all commodities are properly 

marked and recorded in the warehouse 

records, and that commodities are 

stored in licensed space. Facilities must 

be kept and maintained in sound 

physical condition. In addition, 7 CFR 

735.6 provides regulations for 

suspension and revocation of a license 

for those warehouse operators who do 

not comply with USWA, the 

regulations, or any licensing or provider 

agreement. 

FSA will review and report on the 

comments received on this notice. The 

notice and summary of the comments 

received will be posted to the USWA 

Web site at http://www.fsa.usda.gov/

FSA/webapp?area=home&subject

=coop&topic=was-ua. 

FSA is inviting you to submit 

comments to FSA on adding processed 

agricultural products to the list of 

products for which FSA issues USWA 

licenses. In particular, FSA requests 

comments on processed agricultural 

products in response to the following 

questions: 

• Should FSA offer a license for 

processed agricultural products such as 

apple juice concentrate? 

• What types of storage facilities 

should such a license include: climate 

controlled warehouses, refrigerated 

warehouses, and freezer warehouses? 

• What operational procedures (for 

examples, sanitation, security, records, 

insurance, examinations) should be 

addressed in a written agreement with 

the warehouse operator? 

• What level and type of financial 

assurance (bond, letter of credit) should 

be required to provide security and 

protection to depositors? 

• USWA specifies that user fees are to 

cover the costs to administer this 

program. Therefore, what fee structure 

(annual flat rate, hourly, graduated rates 

based on the size of the facility) should 

be applied to fund the administration of 

this program? 

• Should the scope of the license 

cover all or only certain agricultural 

processed products stored in licensed 

space? 

In addition to this notice, general 

information about FSA’s administration 

of its responsibilities from USWA is 

available on the FSA Web site. Among 

other things, the information includes a 

list of licensed warehouses. 

Signed at Washington, DC, on March 9, 

2011. 

Val Dolcini, 

Acting Administrator, Farm Service Agency. 

[FR Doc. 2011–5973 Filed 3–14–11; 8:45 am] 

BILLING CODE 3410–05–P 

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 May 16, 2011 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 Sharon 

Nygaard-Scott, Forest Management 

Staff, Mail Stop 1103, Forest Service, 

USDA, 1400 Independence Avenue, 

SW., Washington, DC 20250. 

Comments also may be submitted via 

facsimile to 202–205–1045 or by e-mail 

to: wosbaprocess@fs.fed.us. In addition, 

comments may be submitted via the 

World Wide Web/Internet at: http:// 

www.regulations.gov. 

The public may inspect comments 

received at the Forest Service, USDA, 

Forest Management Staff Office, Third 

Floor SW, 201 14th Street, SW., 

Washington, DC, during normal 

business hours. Visitors are encouraged 

to call ahead to 202–205–1766 to 

facilitate entrance into the building. 

Additionally, comments may be viewed 

on the World Wide Web/Internet at 

https://fsplaces.fs.fed.us/fsfiles/unit/wo/

wosbaprocess.nsf. 

FOR FURTHER INFORMATION CONTACT: 

Sharon Nygaard Scott, Forest 

Management Staff, at 202–205–1766. 

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: 


srobinson on DSKHWCL6B1PROD with NOTICES
Federal Register / Vol. 76, No. 50 / Tuesday, March 15, 2011 / Notices 13975 

Title: Small Business Timber Sale SetAside Program; Appeal Procedures on 

Recomputation of Shares. 

OMB Number: 0596–0141. 

Expiration Date of Approval: October 

31, 2010. 

Type of Request: Extension with no 

Revision. 

Abstract: The Forest Service adopted 

the Small Business Timber Sale SetAside Program on July 26, 1990 (55 FR 

30485). The Agency administers the 

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 

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 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. 

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 

Small Business Timber Sale Set-Aside 

Program. Prior to adoption of 36 CFR 

part 215, the Agency had accepted 

appeals of recomputations 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 Small 

Business Timber 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, 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 of the 

notice of decision. The notice of appeal 

must include: 

1. The appellant’s name, mailing 

address, and day time telephone 

number; 

2. The title 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 appropriate 

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: 4 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: 320. 

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: March 9, 2011. 

James M. Pena, 

Associate Deputy Chief, National Forest 

System. 

[FR Doc. 2011–5884 Filed 3–14–11; 8:45 am] 

BILLING CODE 3410–11–P 

DEPARTMENT OF AGRICULTURE 

Forest Service 

Bridger-Teton National Forest 

Resource Advisory Committee 

AGENCY: Forest Service, USDA. 

ACTION: Notice of meeting. 

SUMMARY: The Bridger-Teton Resource 

Advisory Committee will meet in 

Kemmerer, Wyoming. The committee is 

meeting as authorized under the Secure 

Rural Schools and Community SelfDetermination Act (Pub. L. 110–343) 

and in compliance with the Federal 

Advisory Committee Act. The purpose 

is to listen to proposed project 

presentations. 

DATES: The meeting will be held on 

March 21, 2011, and will begin at 5 p.m. 

ADDRESSES: The meeting will be held at 

the South Lincoln Training and Event 

Center, 215 Wyoming Highway 233, 

Kemmerer, WY. Written comments 

should be sent to Tracy Hollingshead, 

Bridger-Teton National Forest, 308 Hwy 

189 North, Kemmerer, WY 83101. 

Comments may also be sent via e-mail 

to thollingshead@fs.fed.us, or via 

facsimile to 307–828–5135. 

All comments, including names and 

addresses when provided, are placed in 

the record and are available for public 

inspection and copying. The public may 


srobinson on DSKHWCL6B1PROD with NOTICES