[Federal Register Volume 62, Number 45 (Friday, March 7, 1997)]
[Rules and Regulations]
[Pages 10411-10412]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-5095]



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 Rules and Regulations
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  Federal Register / Vol. 62, No. 45 / Friday, March 7, 1997 / Rules 
and Regulations  

[[Page 10411]]



DEPARTMENT OF AGRICULTURE

Office of the Secretary

7 CFR Part 20


Export Sales Reporting for Sunflowerseed Oil

AGENCY: Foreign Agricultural Service, USDA.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: This final rule adds sunflowerseed oil to the list of 
commodities subject to the export sales reporting requirements of 7 CFR 
Part 20. Exporters of sunflowerseed oil will be required to report 
their sales for export each week. Summary information collected will be 
published in compilation form providing more complete coverage of the 
oilseed export industry and additional high quality up-to-date 
information required in making export projections.

EFFECTIVE DATE: April 7, 1997.

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, Washington, DC 
20250-1025, (202) 720-3273, FAX (202) 690-3275.

SUPPLEMENTARY INFORMATION:

Executive Order 12866

    This rule is issued in conformance with Executive Order 12866. It 
has been determined that it is not a ``significant regulatory action'' 
rule because it will not:
    (1) Have an annual effect on the economy of $100 million or more;
    (2) Adversely effect 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) Create any serious inconsistencies or otherwise interfere with 
any action taken or planned by another agency;
    (4) Alter the budgetary impact of entitlements, grants, user fees, 
or loan programs or rights and obligations of recipients thereof; or
    (5) Raise novel legal or policy issues arising out of legal 
mandates, the President's priorities, or principles set forth in 
Executive Order No. 12866.

Regulatory Flexibility Act

    It has been determined that this rule will not have a significant 
impact on a substantial number of small entities as defined in the 
Regulatory Flexibility Act, Public Law 96-534 (5 U.S.C. 601 et seq.). 
The time and expense of complying with this final rule is negligible. 
In addition, data reported under this regulation are maintained as part 
of the normal course of an export contracting business. A copy of this 
rule has been sent to the Chief Counsel, Office of Advocacy, U.S. Small 
Business Administration.

Executive Order 12372

    This 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 rule has been reviewed in accordance with Executive Order 
12988, Civil Justice Reform. This rule would have pre-emptive effect 
with respect to any state and local laws, regulations, or policies 
which conflict with such provisions or otherwise impeded their full 
implementation. This rule would not have retroactive effect. This rule 
does not require administrative proceedings before parties may file 
suit in court.

Paperwork Reduction Act

    This 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 and has 
approved the current information collection activity through March 31, 
1998.

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. Individual reports collected under the export 
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. On July 23, 1996, the Department 
published a proposed rule that would have required exporters of 
sunflowerseeds and sunflowerseed oil to report information pursuant to 
7 CFR part 20.
    Comments were received from four companies involved in the export 
of sunflowerseed and one trade association. All of the commentors 
opposed the reporting of sunflowerseed used for confectionary purposes. 
Their opposition was based on the fact that confectionary 
sunflowerseeds are of a special quality. Also, contracts in the 
confectionary sunflowerseed industry are typically for small amounts, 
often one container (18.144 metric tons). Further, comments suggested 
that the decline in export activity for the oil-type sunflowerseed 
indicates that there is not a current need for export reporting for 
this item.
    The trade association and one exporting firm suggested that only 
exports of sunflowerseed oil should be included in the reporting 
requirement. The justification for this request was to insure that 
adequate stocks of sunflowerseed oil are available to cover export 
sales. In previous years, sunflowerseed oil export sales were publicly 
announced via the Sunflower Oil Assistance Program (SOAP). However, 
that program has not been implemented during the last two years, and 
some other source of information was desirable.
    The Department agrees with these suggestions and that the addition 
of sunflowerseed oil under the mandatory reporting program will provide 
more

[[Page 10412]]

complete coverage of this export industry and provide 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. On 
the other hand, the relatively small volume of exports of confectionary 
sunflowerseeds and sunflowerseeds for crushing does not justify the 
burden on the exporters reporting their export sales and related 
information.

Lists of Subjects in 7 CFR Part 20

    Agricultural commodities, Exports, Reporting.

Final Rule

    Accordingly, 7 CFR part 20 is amended 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 
entry after the entry for ``Linseed oil, including raw, boilded'' under 
the indicated column headings:

 Appendix 1.--Commodities Subject to Reports, Units of Measure To Be Used in Reporting, and Beginning and Ending
                                            Dates of Marketing Years                                            
----------------------------------------------------------------------------------------------------------------
                                     Unit of measure to be used    Beginning of marketing      End of marketing 
      Commodity to be reported              in  reporting                   year                     year       
----------------------------------------------------------------------------------------------------------------
                                                                                                                
*                  *                  *                  *                  *                  *                
                                                        *                                                       
Sunflowerseed Oil-including: crude   ......do..................  Oct. 1....................  Sept. 30.          
 (including degummed), once                                                                                     
 refined, sunflowerseed salad oil                                                                               
 (including refined and further                                                                                 
 processed by bleaching,                                                                                        
 deodorizing or winterizing),                                                                                   
 hydrogenated.                                                                                                  
                                                                                                                
*                  *                  *                  *                  *                  *                
                                                        *                                                       
----------------------------------------------------------------------------------------------------------------

    Signed at Washington, D.C. February 24, 1997.
August Schumacher, Jr.
Administrator, Foreign Agricultural Service.
[FR Doc. 97-5095 Filed 3-6-97; 8:45 am]
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