[Federal Register Volume 61, Number 142 (Tuesday, July 23, 1996)]
[Proposed Rules]
[Pages 38107-38108]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-18468]


 ========================================================================
 Proposed Rules
                                                 Federal Register
 ________________________________________________________________________
 
 This section of the FEDERAL REGISTER contains notices to the public of 
 the proposed issuance of rules and regulations. The purpose of these 
 notices is to give interested persons an opportunity to participate in 
 the rule making prior to the adoption of the final rules.
 
 ========================================================================
 

  Federal Register / Vol. 61, No. 142 / Tuesday, July 23, 1996 / 
Proposed Rules  

[[Page 38107]]



DEPARTMENT OF AGRICULTURE

Office of the Secretary

7 CFR Part 20


Export Sales Reporting for Sunflowerseed and Sunflowerseed Oil

AGENCY: Foreign Agricultural Service, USDA.

ACTION: Notice of Proposed Rulemaking.

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SUMMARY: This proposed rule would add sunflowerseed and sunflowerseed 
oil to the list of commodities subject to the export sales reporting 
requirements of 7 CFR Part 20.

DATES: Comments on the proposed rule, as well as on alternatives to 
this proposal, must be received on or before September 23, 1996 to be 
assured of consideration.

ADDRESSES: Comments must be sent to: Export Sales Reporting Branch, 
Trade and Economic Analysis Division, Room 5959--Stop 1025, Foreign 
Agricultural Service, U.S. Department of Agriculture, 1400 Independence 
Ave. SW., Washington, DC 20250-1025. All written comments received will 
be available for public inspection at the above address during business 
hours from 8:00 a.m. to 5:00 p.m., Monday through Friday.

FOR FURTHER INFORMATION CONTACT: Thomas B. McDonald, Jr., Chief, Export 
Sales Reporting Branch, Trade and Economic Analysis Division, Foreign 
Agricultural Service, U. S. Department of Agriculture, (202) 720-3273, 
FAX (202) 690-3275.

SUPPLEMENTARY INFORMATION: This proposed rule is issued in conformance 
with Executive Order 12866. Based on information compiled by the 
Department, it has been determined that this rule:
    (1) Would have an annual effect on the economy of less than $100 
million;
    (2) Would not adversely affect in a material way the economy, a 
sector of the economy, productivity, competition, jobs, the 
environment, public health or safety, or State, local, or tribal 
governments or communities;
    (3) Would not create a serious inconsistency or otherwise interfere 
with an action taken or planned by another agency;
    (4) Would not alter the budgetary impact of entitlements, grants, 
user fees, or loan programs or rights and obligations of recipients 
thereof; and
    (5) Would not raise novel legal or policy issues arising out of 
legal mandates, the President's priorities, or principles set forth in 
Executive Order 12866.

Regulatory Flexibility Act

    The Administrator, Foreign Agricultural Service, certifies that 
this regulation will not have a significant economic impact on a 
substantial number of small entities. Although many exporters of 
sunflowerseed and sunflowerseed oil are small business, the time and 
expense involved in complying with this proposed reporting requirement 
is negligible. In addition, data reported under this regulation are 
maintained as a part of the normal course of export contracting 
business activity.
    A copy of this proposed rule has been sent to the Chief Counsel, 
Office of Advocacy, U.S. Small Business Administration.

Paperwork Reduction Act

    This proposed rule involves the collection of information. FAS uses 
Forms FAS-97, FAS-98, FAS-99, and FAS-100 for this collection of 
information. OMB has assigned control number 0551-0007 to these forms. 
The Department intends to amend the current information collection 
approved by OMB expiring March 31, 1998.
    Estimate of Burden: Public reporting burden for collecting 
information under this proposed rule is estimated to average 33 minutes 
per response, including the time for reviewing instructions, searching 
existing data sources, gathering and maintaining the data needed, and 
completing and reviewing the collection of information.
    Respondents: Business and other for-profit.
    Respondents: 30.
    Estimated number of annual Responses per Respondent: 51.
    Estimated total annual burden on Respondents: 855 hours.
    Comments regarding this information collection requirement may be 
directed to the Office of Information and Regulatory Affairs of OMB, 
Attention: Desk Officer for the Foreign Agricultural Service, 
Washington, DC 20503.

Executive Order 12372

    This proposed rule is not subject to the provisions of Executive 
Order 12372 which requires intergovernmental consultation with state 
and local officials. See the Notice related to 7 CFR Part 3015, subpart 
V, published at 46 FR 29115 (June 24, 1983).

Executive Order 12988

    This proposed rule has been reviewed under Executive Order 12988, 
Civil Justice Reform. The proposed rule would have preemptive effect 
with respect to any state or local laws, regulations, or policies which 
conflict with such provisions or which otherwise impede their full 
implementation. The proposed rule would not have retroactive effect. 
Administrative proceedings are not required before parties may seek 
judicial review.

Background

    Section 602 of the Agricultural Trade Act of 1978, as amended, 
requires the reporting of information pertaining to the export of 
certain specified agricultural commodities and other agricultural 
commodities that may be designated by the Secretary of Agriculture. 
These reporting requirements are implemented by the Foreign 
Agricultural Service under regulations codified at 7 CFR Part 20. 
Individual reports collected under the exports sales reporting program 
are confidential and are only to be released in compilation form each 
week following the week of reporting. Reporting under 7 CFR Part 20 is 
mandatory. Any person who knowingly fails to make a report shall be 
fined not more than $25,000 or imprisoned for not more that 1 year, or 
both.
    Previously, reports relating to sunflowerseed export sales have not 
been required because of the limited level of exports and the small 
size of the industry. Recently, interested industry representatives 
have suggested that sunflowerseed and sunflowerseed oil exports are now 
of major importance to the U. S. oilseeds and products industry. 
Between 30 to 35 percent of

[[Page 38108]]

the confection seed production and between 60 to 70 percent of the oil 
production is exported. Sunflowerseed activity was added to the 
Department's ``World Agricultural Supply and Demand Estimates'' report 
in April 1994.
    U. S. production of sunflowerseed is estimated at 2.19 million 
metric tons in 1994 and 1.82 million tons in 1995, compared with an 
average for 1988/89-1992/93 of only 1.09 million tons. U. S. exports of 
sunflowerseed increased to 183.1 thousand tons valued at $79.4 million 
during calendar year 1994 and to 296.0 thousand tons valued at $118.3 
million in 1995. U. S. exports of sunflowerseed oil rose to 208.6 
thousand tons worth $130.5 million in calendar year 1994 and to 471.3 
thousand tons valued at $299.5 million in 1995.
    The addition of sunflowerseed and sunflowerseed oil under the 
mandatory reporting program will provide more complete coverage of the 
oilseed export industry and additional high quality up-to-date 
information required in making export projections. These projections 
are used by private industry as well as the government in making 
economic decisions concerning the orderly flow of U. S. agricultural 
commodities in the domestic and export markets.

Lists of Subjects in 7 CFR Part 20

    Agricultural commodities, Exports, Reporting.
    Accordingly, it is proposed to amend Part 20 of 7 CFR as follows:
    1. The authority citation for Part 20 continues to read as follows:

    Authority: 7 U.S.C. 5712.

    2. Appendix 1 to 7 CFR Part 20 is amended by adding the following 
lines after the line for ``linseed oil, including raw, boiled'' under 
the indicated column headings:

Appendix 1--Commodities Subject to Reporting, Units of Measure to be 
Used in Reporting, and Beginning and Ending Dates of Marketing Years

----------------------------------------------------------------------------------------------------------------
                                       Unit of measure to be   Beginning of marketing                           
      Commodity to be reported           used in reporting              year              End of marketing year 
----------------------------------------------------------------------------------------------------------------
                                                                                                                
*                  *                  *                  *                  *                  *                
                                                        *                                                       
Sunflowerseed.......................  ......do..............  September 1.............  August 31.              
Sunflowerseed Oil--including: crude   ......do..............  October 1...............  September 30.           
 (including degummed), once refined,                                                                            
 sunflowerseed salad oil (including                                                                             
 refined and further processed by                                                                               
 bleaching, deodorizing or                                                                                      
 winterizing), hydrogenated.                                                                                    
                                                                                                                
*                  *                  *                  *                  *                  *                
                                                        *                                                       
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    Signed at Washington, D.C., July 10, 1996.
August Schumacher, Jr.,
Administrator, Foreign Agricultural Service.
[FR Doc. 96-18468 Filed 7-22-96; 8:45 am]
BILLING CODE 3410-10-P