[Federal Register: June 17, 2008 (Volume 73, Number 117)]
[Proposed Rules]
[Page 34239-34240]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr17jn08-16]
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DEPARTMENT OF AGRICULTURE
Forest Service
36 CFR Parts 223, 228, 261, 292, and 293
Regulatory Flexibility Act Assessment--Locatable Minerals
Operations
AGENCY: Forest Service, USDA.
ACTION: Notice of proposed rulemaking; request for comment.
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SUMMARY: The Forest Service published in the Federal Register a
proposed rule to revise the regulations for locatable minerals
operations conducted on National Forest System lands. The proposed rule
considered impacts to small entities under Executive Order 13272 and
the Small Business Regulatory Enforcement Fairness Act of 1996
(SBREFA). However, the proposed rule did not make available nor seek
comment on the small entities flexibility assessment. This notice
allows for review and seeks comment on the flexibility assessment.
DATES: Comments must be received, in writing, on or before July 17,
2008.
ADDRESSES: Send written comments to Forest Service, USDA, Attn:
Director, Minerals and Geology Management (MGM) Staff, (2810), Mail
Stop 1126, Washington, DC 20250-1125; by electronic mail to
36cfr228a@fs.fed.us; by fax to (703) 605-1575. If comments are sent by
electronic mail or by fax, the public is requested not to send
duplicate written comments via regular mail. The public may inspect
comments received on the proposed rule in the Office of the Director,
MGM Staff, 5th Floor, Rosslyn Plaza Central, 1601 North Kent Street,
Arlington, Virginia, on business days between the hours of 8:30 a.m.
and 4 p.m. Those wishing to inspect comments are encouraged to call
ahead at (703) 605-4646 to facilitate entry into the building.
FOR FURTHER INFORMATION CONTACT: Mike Doran, Minerals and Geology
Management Staff, (208) 373-4132. 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.
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: The assessment follows.
Description of Small Entities Affected
The proposed rule (73 FR 15694, Mar. 25, 2008) would directly
affect all exploration and mining companies. There are currently
approximately 1,800 exploration and mining companies operating on the
National Forests. Seventy-five percent of these companies are
considered small business with less than 500 employees. The size of
these 1,260 small businesses range from one person to 499 employees.
Total production ranges from zero production for exploration companies
to few thousand dollars per year for very small mining to several
million dollars per year for the larger mining companies. Most mining
companies require at least 20-25 percent profit to survive mining's
volatile market.
Economic Impacts on Small Entities
Increased operating costs from the proposed rule to small
exploration and mining companies is expected to be insignificant since
the small entities are already working under the proposed rule through
current direction and policy spelled out in the Forest Service manual
and handbooks. The proposed rule codifies much of the existing
direction and policy.
The most direct costs from the proposed regulations will come from
how much time and money is spent on filling out and filing the required
notice of intent, cessation of operations, or an operating plan. Table
1 records the 2007 annualized burden costs for an operator.
The United States Geological Survey (USGS) published earnings
information pertaining to locatable mineral operations. That
information can be found in the Mineral Commodity Summaries 2007. The
USGS disclosed that the estimated ``Average weekly earnings of
production workers'' for metal mining in 2006 was $979. Based on 40
hours a week and on an 8-hour workday, the average hourly salary in the
locatable mineral arena is about $24.48. This rate is reflected in
Table 1.
Table 1.--2007 Annualized Burden Costs
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Annualized
Information collection Number of Response Hour burden Total burden costs @$24.48/ Cost per
respondents frequency per collection hours hour respondent
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Plan of operations...................................... 319 1 12 3,828 $93,709 $293.76
Notice of intent........................................ 1,396 1 2 2,792 20,318 14.55
Cessation of operations................................. 3 1 1 3 73 24.33
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Each year the Forest Service surveys the regional offices to get an
estimate of how many Plans of Operations and Notices of Intents were
received. The latest figures indicate that 320 Plans of Operations and
415 Notices of Intent were received in 2007. All of these plans and
notices came from small entities.
Total estimated 2007 costs for small entities to comply with the
information collection was $114,100. The estimated additional
information collection costs for the proposed bonded notice are
reflected in Table 2.
[[Page 34240]]
Table 2.--2007 Annualized Burden Costs for a Bonded Notice
(Proposed Rule)
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Annualized
Information collection Number of Response Hour burden per Total burden costs @$24.48/ Cost per
respondents frequency collection hours hour respondent
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Bonded notice..................................... 100 1 6 600 $14,688 $146.88
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The field units provided an initial estimate of 100 exploration and
mining companies that would use the bonded notice instead of a plan of
operation. A six hour burden per bonded notice was assumed giving a
total of 600 burden hours. Annualized costs to the small entities would
be $14,688.
The economic impact on an individual respondent would be $114,100 +
$14,688 = $128,788 divided by 1,260 small businesses = $102.21.
Conclusion
The comments will be addressed in the final rule for locatable
minerals operations. The Forest Service has determined that the
proposed rule will have an impact on a substantial number of small
businesses. However, the economic impact of the proposed rule will not
be significant. Under the proposed rule small entities will have the
option of filing a bonded notice rather than a plan of operation for
short-term, low impact exploration proposals rather the longer plan of
operations requiring more analysis and a longer approval time. The
Forest Service expects the major impact from the proposed rule to be a
reduction of paperwork burden for the small entities which should be
beneficial to small exploration and mining companies.
The Forest Service hereby certifies that the proposed rule will not
have significant economic impact on a substantial number of small
entities as defined by SBRFEA.
Dated: June 9, 2008.
Charles L. Myers,
Associate Deputy Chief, National Forest System.
[FR Doc. E8-13446 Filed 6-16-08; 8:45 am]
BILLING CODE 3410-11-P