[Federal Register Volume 64, Number 8 (Wednesday, January 13, 1999)]
[Proposed Rules]
[Pages 2152-2153]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-798]



[[Page 2152]]

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DEPARTMENT OF AGRICULTURE

Farm Service Agency

7 CFR Part 782

RIN 0560-AF64


End-Use Certificate Program

AGENCY: Farm Service Agency, Agriculture.

ACTION: Proposed rule

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SUMMARY: The Farm Service Agency (FSA) is proposing to amend 
regulations governing the End-Use Certificate Program for imported 
Canadian wheat to allow FSA to collect additional information regarding 
distinguishing characteristics of imported wheat. The proposal also 
will revise the definition of importer to include only the importer of 
record as recognized by the U.S. Customs Service. Lastly, FSA proposes 
to revise the deadline for submission of the End-Use Certificate from 
15 work days to 10 work days after the date of entry. These changes are 
necessary to facilitate a cooperative effort between FSA and the U.S. 
Customs Service to make End-Use Certificates a part of the official 
entry summary package. These changes will also help ensure that 
Canadian wheat will not benefit from U.S.-export programs.

DATES: Comments must be submitted on or before January 25, 1999 to be 
assured of consideration. The comment period is limited to 10 days 
because on January 1, 1999, the United States Customs Service 
implemented changes to the Harmonized Tariff Schedule relating to 
wheat. The changes in this proposed rule are intended to compliment 
these Harmonized Tariff Schedule changes and must coincide with them as 
soon as possible.

ADDRESSES: FSA invites interested parties to submit written comments on 
this proposed rule to: Steve Gill, Director, Warehouse and Inventory 
Division, Farm Service Agency, STOP 0553, 1400 Independence Avenue, SW, 
Washington, D.C. 20250-0553; telephone (202) 720-2121; FAX (202) 690-
3123; or E-mail CCC[email protected].
    All written comments received in response to this proposed rule 
will be available for public inspection in Room 5968, South Building, 
U.S. Department of Agriculture, 1400 Independence Avenue, SW, 
Washington, D.C., between 8:00 a.m. and 4:30 p.m., Monday through 
Friday, except holidays.

FOR FURTHER INFORMATION CONTACT: Timothy R. Murray, Chief, Inventory 
Management Branch, U.S. Department of Agriculture, Farm Service Agency, 
STOP 0553, 1400 Independence Avenue, SW, Washington, DC 20250-0553; 
telephone (202) 720-6125; FAX (202) 690-0014; E-mail 
Tim__M[email protected].

SUPPLEMENTARY INFORMATION:

Executive Order 12866

    This proposed rule is issued in conformance with Executive Order 
12866 and has been determined not to be significant and therefore has 
not been reviewed by the Office of Management and Budget under 
Executive Order 12866.

Executive Order 12778

    This proposed rule has been reviewed in accordance with Executive 
order 12778. The provisions of this final rule do not preempt State 
laws, are not retroactive, and do not involve administrative appeals.

Environmental Evaluation

    It has been determined by an environmental evaluation that this 
action will not have a significant impact of the quality of the human 
environment. Therefore, neither an Environmental Assessment nor an 
Environmental Impact Analysis is needed.

Executive Order 12372

    This program/activity is not subject to the provisions of Executive 
Order 12372, which requires intergovernmental consultation with State 
and local officials. See notice related to 7 CFR part 3015, subpart V, 
published at 48 FR 29115 (June 24, 1983).

Paperwork Reduction Act

    The amendments to 7 CFR part 782 set forth in this proposed rule 
involve a change in the existing information collection requirements 
which were previously cleared by OMB under the provisions of 44 U.S.C. 
35. In accordance with section 3507(j) of the Paperwork Reduction Act 
of 1995 (44 U.S.C. 3501 et seq.), the information collection and 
recordkeeping requirements included in this proposed rule have been 
submitted for emergency approval to the Office of Management and Budget 
(OMB). OMB has assigned control number 0560-0151 to the information 
collection and recordkeeping requirements. Notwithstanding any other 
provision of the law, no person is required to respond to, nor shall 
any person be subject to a penalty for failure to comply with a 
collection of information, subject to the requirements of the Paperwork 
Reduction Act, unless that collection of information displays a 
currently valid OMB Control Number. Please send written comments to the 
Office of Information and Regulatory Affairs, OMB, Attention: Desk 
Officer for Agriculture, Washington, DC 20503. Please state that your 
comments refer to Control Number 0560-0151. Additionally, please send a 
copy of your comments to Timothy R. Murray, Warehouse and Inventory 
Division, FSA, USDA, STOP 0553, 1400 Independence Avenue, SW, 
Washington, DC 20250-0553. Comments may be submitted to Timothy Murray 
by e-mail to [email protected]. All comments regarding this 
information collection will be summarized and included in the request 
for OMB approval. All comments will also become public records.
    OMB is required to make a decision concerning the collection(s) of 
information contained in these proposed regulations between 30 and 60 
days after publication of this document in the Federal Register. 
Therefore, a comment to OMB is best assured of having its full effect 
if OMB receives it within 30 days of publication. This does not affect 
the deadline for the public to comment to the Department on the 
proposed regulations.
    Abstract: The information collected under OMB Control Number 0560-
0151, insures that Canadian wheat does not benefit from USDA or 
Commodity Credit Corporation assisted export programs. To comply with 
the provisions of the North American Free Trade Agreement 
Implementation Act, FSA requires information from the importers, 
subsequent buyers, and end-users that will assist in tracking the 
Canadian wheat within the U.S. Marketing System.
    Estimate of Burden: Public reporting burden for this information 
collection is estimated to average 0.26 hours per response.
    Respondents: Wheat importers and traders.
    Estimated Number of Respondents: 154.
    Estimated Number of Responses per Respondent: 73.
    Estimated Total Annual Burden on Respondents: 2,942 hours.
    Proposed topics for comment on the information collection include: 
(a) whether the collection of information is necessary for the proper 
performance of the functions of the agency, including whether the 
information will have practical utility; (b) the accuracy of the 
agency's estimate of burden including the validity of the methodology 
and

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assumptions used; (c) ways to enhance the quality, utility and clarity 
of the information to be collected; (d) ways to minimize the burden of 
the collection of information on those who are to respond, including 
through the use of appropriate automated, electronic, mechanical, or 
other technological collection techniques or other forms of information 
technology. Copies of the information collection may be obtained from 
Timothy Murray at the address shown above.

Regulatory Flexibility Act

    On January 26, 1995, FSA published a final rule that established 
program requirements for the End-Use Certificate Program. A copy of 
this Regulatory Flexibility Analysis is available upon request from 
Timothy Murray, Warehouse and Inventory Division, FSA, STOP 0553, 1400 
Independence Avenue, Washington, DC 20250-0553; telephone (202) 690-
4321.
    Because these changes will not have an adverse impact on a 
substantial number of small businesses, a Regulatory Flexibility 
Assessment is not required.

Background

    This proposal will amend the regulations at 7 CFR Part 782 with 
respect to the U.S. End-Use Certificate Program. Since February 27, 
1995, the effective date for the implementation of the End-Use 
Certificate Program, several items have been identified that could 
improve the effectiveness and the efficiency of the End-Use Certificate 
Program. To further ensure that Canadian wheat does not benefit from 
U.S. export programs, End-Use Certificates will include distinguishing 
characteristics of grade, protein content, moisture content, dockage 
and date of sale in addition to the class and/or varietal information 
currently collected for each shipment. These additional data are deemed 
necessary because imported wheat may benefit from U.S. export programs 
even if the imported wheat itself is not directly eligible for use 
under such programs. Such benefit may accrue if wheat of the type or 
quality used under U.S. export programs (including humanitarian 
assistance programs) is imported into the United States in anticipation 
of, or as a result of use of a similar type or quality of U.S. wheat 
under the U.S. program. Indeed, the Department of Agriculture is 
frequently implored not to take action to facilitate sales of U.S. 
wheat out of a concern that such sales will only encourage off-setting 
imports of Canadian wheat. The proposed rule will provide necessary 
information to monitor for such an occurrence and potentially allow 
appropriate actions to minimize such an occurrence. In addition, these 
additional data will help facilitate effective program audits while 
minimizing the burden on importers of Canadian wheat.
    FSA also proposes to replace the current definition used for 
``Importer'' found at 7 CFR 782.2 with the same definition used by the 
U.S. Customs Service and found at 19 U.S.C. 1484(a).
    The U.S. Customs Service has informed the Department of Agriculture 
officials that it will be amending the provisions of their basic import 
bond to allow for the assessment of damages if there is a failure to 
provide the End-Use Certificate in the time period provided by FSA.

List of Subjects in 7 CFR Part 782

    Administrative practice and procedure, Barley, Reporting and 
recordkeeping requirements, Wheat.

    Accordingly, it is proposed that 7 CFR part 782 be amended as 
follows:

PART 782--END-USE CERTIFICATE PROGRAM

    1. The authority citation for part 782 continues to read as 
follows:

    Authority: 19 U.S.C. 3391(f).

    2. Amend Sec. 782.2 to revise the definition for ``Importer'' to 
read as follows:


Sec. 782.2  Definitions.

* * * * *
    Importer means a party qualifying as an Importer of Record pursuant 
to 19 U.S.C. 1484(a).
* * * * *
    3. Amend Sec. 782.12(a) as follows:
    A. Revise the first sentence to read as follows:
    ``Each entity that imports wheat originating in Canada shall, for 
each entry into the U.S., obtain form FSA-750, End-Use Certificate for 
Wheat, from Kansas City Commodity Office, Warehouse Contract Division, 
P.O. Box 419205, Kansas City, MO 64141-6205, and submit the completed 
original form FSA-750 to KCCO within 10 workdays following the date of 
entry or release.''
    B. Redesignate paragraphs (a)(6) through (a)(9) as paragraphs 
(a)(8) through (a)(11), and add new paragraphs (a)(6) and (a)(7) to 
read as follows:


Sec. 782.12  Filing FSA-750, End-Use Certificate for Wheat.

    (a) * * *
    (6) Grade, protein content, moisture content, and dockage level of 
wheat being imported,
    (7) Date of sale,
* * * * *
    Signed at Washington, DC, on January 8, 1999.
Keith Kelly,
Administrator, Farm Service Agency.
[FR Doc. 99-798 Filed 1-11-99; 10:02 am]
BILLING CODE 3410-05-P