[Federal Register Volume 66, Number 20 (Tuesday, January 30, 2001)]
[Rules and Regulations]
[Pages 8151-8152]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-2639]



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 Rules and Regulations
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  Federal Register / Vol. 66, No. 20 / Tuesday, January 30, 2001 / 
Rules and Regulations  

[[Page 8151]]



DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

7 CFR Part 59

[Docket Number LS-99-18]
RIN No. 0581-AB64


Livestock and Grain Market News Branch: Livestock Mandatory 
Reporting

AGENCY: Agricultural Marketing Service, USDA.

ACTION: Final rule; postponement of effective date.

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SUMMARY: This document postpones the effective date of the final rule 
(65 FR 75464) which establishes a mandatory program of reporting 
information regarding the marketing of cattle, swine, lambs, and 
products of such livestock under the ``Livestock Mandatory Reporting 
Act of 1999.'' The postponement of the effective date is being taken so 
that adequate time is available for AMS and those entities required to 
report to test the electronic information collection system being 
implemented by the program. This action will both ensure that the 
confidentiality of those required to report information is maintained 
while market participants are provided with accurate information on 
pricing, contracting for purchase, and supply and demand conditions for 
livestock, livestock production, and livestock products, that can be 
readily understood by producers, packers, and other market 
participants.

EFFECTIVE DATE: The effective date of the final rule amending 7 CFR 
part 59 published at 65 FR 75464, December 1, 2000, is postponed from 
January 30, 2001, to April 2, 2001.

FOR FURTHER INFORMATION CONTACT: If you have questions about the 
regulations, please call John E. Van Dyke, Chief, Livestock and Grain 
Market News Branch at (202) 720-6231, fax (202) 690-3732, or E-mail us 
at [email protected].
    Additional information may also be obtained from the AMS web site: 
http://www.ams.usda.gov/lsg/price.htm as it becomes available.

SUPPLEMENTARY INFORMATION:

Background

    The Livestock Mandatory Reporting Act of 1999 (Act) was enacted 
into law on October 22, 1999 (Pub. L. 106-78; 113 Stat. 1188; 7 U.S.C. 
1635-1636(h)) as an amendment to the Agricultural Marketing Act of 1946 
(7 U.S.C. 1621 et seq.). The Act provides for the mandatory reporting 
of market information by federally inspected livestock processing 
plants which have slaughtered an average number of livestock during the 
immediately preceding 5 calendar years (125,000 for cattle and 100,000 
for swine), including any processing plant that did not slaughter 
during the immediately preceding 5 calendar years if the Secretary 
determines that the plant should be considered a packer based on the 
plant's capacity. For entities that did not slaughter during the 
immediately preceding 5 calendar years, such as a new plant or existing 
plant that begins operations, the AMS will project the plant's annual 
slaughter or production based upon the plant's estimate of annual 
slaughter capacity to determine which entities meet the definition of a 
packer as defined in these regulations.
    The Act gives the Secretary the latitude to provide for the 
reporting of lamb information. AMS is requiring the reporting of market 
information by federally inspected lamb processing plants who have 
slaughtered an average of 75,000 head of lambs or processed an average 
of 75,000 lamb carcasses during the immediately preceding 5 calendar 
years. Additionally, a lamb processing plant that did not slaughter an 
average of 75,000 lambs or process an average of 75,000 lamb carcasses 
during the immediately preceding 5 calendar years will be required to 
report information if the Secretary determines the processing plant 
should be considered a packer based on its capacity. An importer of 
lamb that, for any calendar year, imported an average of 5,000 metric 
tons of lamb meat products per year during the immediately preceding 5 
calendar years report such lamb information as specified in these 
regulations. Additionally, an importer that did not import an average 
of 5,000 metric tons of lamb meat products during the immediately 
preceding 5 calendar years will be required to report information if 
the Secretary determines that the person should be considered an 
importer based on their volume of lamb imports.
    These packers are required to report the details of all 
transactions involving purchases of livestock (cattle, swine, and 
lambs), and the details of all transactions involving domestic and 
export sales of boxed beef cuts, including applicable branded product, 
sales boxed lamb cuts, including applicable branded product, and sales 
of lamb carcasses. These importers are required to report the details 
of all transactions involving the sales of imported boxed lamb cuts. 
This information will be reported to AMS according to the schedule 
established by the Act and these regulations with purchases of swine 
reported three times each day, purchases of cattle and lambs reported 
twice each day, domestic and export sales of boxed beef cuts including 
applicable branded boxed beef cuts reported twice each day, sales of 
lamb carcasses and boxed lamb cuts, including applicable branded boxed 
lamb cuts, to be reported once daily, and sales of imported lamb cuts 
once weekly.
    AMS developed the electronic information collection system that 
will receive information from those entities required to report and 
will convert the information into reports that AMS will publish for 
market participants to utilize. These published reports will provide 
market participants with accurate information on pricing, contracting 
for purchase, and supply and demand conditions for livestock, livestock 
production, and livestock products, that can be readily understood by 
producers, packers, and other market participants. The electronic 
information collection system collects and manages the data received 
from those entities required to report and was designed in a manner 
that ensures security of data transmission and storage, and 
confidentiality of information that is maintained by USDA.
    Since publication of the final rule on December 1, 2000, AMS, with 
the

[[Page 8152]]

assistance of technical experts, has initiated testing of the system 
with those entities required to report. AMS has determined that 
additional time is required to adequately test the system and ensure 
that all program requirements and objectives are met. Accordingly, AMS 
has postponed the effective date of the regulations and the date which 
those entities required to report would be required to begin 
transmitting data until April 2, 2001.

    Authority: 7 U.S.C. 1621 et seq.

    Dated: January 26, 2001.
Kenneth C. Clayton,
Acting Administrator, Agricultural Marketing Service.
[FR Doc. 01-2639 Filed 1-26-01; 3:10 pm]
BILLING CODE 3410-02-P