[Federal Register Volume 78, Number 53 (Tuesday, March 19, 2013)]
[Proposed Rules]
[Pages 16819-16821]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-06084]


 ========================================================================
 Proposed Rules
                                                 Federal Register
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 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.
 
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 

  Federal Register / Vol. 78, No. 53 / Tuesday, March 19, 2013 / 
Proposed Rules  

[[Page 16819]]



DEPARTMENT OF AGRICULTURE

Office of the Secretary

7 CFR Part 20


Export Sales Reporting Requirements

AGENCY: Office of the Secretary, USDA.

ACTION: Proposed rule; reopening of comment period.

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

SUMMARY: USDA published a proposed rule in the Federal Register on June 
25, 2012, which would have mandated that weekly reporting for pork 
(fresh, chilled, or frozen muscle cuts/whether or not boxed) and 
distillers dried grain (DDG) be added to the Export Sales Reporting 
program (ESR). A final rule was issued to add pork to the ESR, but a 
decision on DDG was deferred. This document provides for an additional 
comment period regarding mandatory export sales reporting for DDG.

DATES: Submit comments on the proposed rule on or before April 18, 
2013.

ADDRESSES: We invite you to submit comments as requested in this 
document. In your comment, include the Regulation Identifier Number 
(RIN) and volume, date, and page number of this issue of the Federal 
Register. You may submit comments by any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the online instructions for submitting 
comments.
     Mail, hand delivery, or courier: Peter W. Burr, Branch 
Chief, Export Sales Reporting Branch, Import Policies and Export 
Reporting Division, Office of Trade Programs, Foreign Agricultural 
Service, 1400 Independence Avenue SW., Washington, DC 20250-1021, STOP 
1021; or by email at [email protected]; or by telephone at (202) 
720-3274; or fax to (202) 720-0876.
    Comments will be available for inspection online at http://www.regulations.gov and at the mail address listed above between 8:00 
a.m. and 4:30 p.m., Monday through Friday, except holidays.
    Persons with disabilities who require an alternative means for 
communication of information (Braille, large print, audiotape, etc.) 
should contact USDA's Target Center at (202) 720-2600 (voice and TDD).
    Confidentiality: All submitted comments and attachments are part of 
the public record and subject to disclosure. Do not enclose any 
material in your comments that you consider to be confidential or that 
is inappropriate for public disclosure.

FOR FURTHER INFORMATION CONTACT: Peter W. Burr, Branch Chief, Export 
Sales Reporting Branch, Import Policies and Export Reporting Division, 
Office of Trade Programs, Foreign Agricultural Service, 1400 
Independence Avenue SW., Washington, DC 20250-1021, STOP 1021; or by 
email at [email protected]; or by telephone on (202) 720-3274; or 
by fax (202) 720-0876.

SUPPLEMENTARY INFORMATION:

Background

    USDA published a proposed rule in the Federal Register on June 25, 
2012 (77 FR 37823), which proposed mandating weekly export sales 
reporting for pork (fresh, chilled, or frozen muscle cuts/whether or 
not boxed) and DDG to the ESR. Under this proposed rule, all exporters 
of U.S. pork and DDG would have been required to report, on a weekly 
basis, information on the export sales of pork and DDG to the Foreign 
Agricultural Service, USDA. The 60-day public comment period ended on 
August 24, 2012. USDA issued a final rule that amended the regulation 
to add pork to the ESR, but determined that further comments should be 
solicited regarding DDG.
    Five comments mentioned DDG, of which three were favorable and two 
were unfavorable. One trade association stated: ``We believe [adding 
DDG] would facilitate market transparency and allow our industry and 
our corn marketing partners with the ability to conduct accurate and 
timely analysis of U.S. market conditions.'' Another commenter stated: 
``[Adding DDG] would help avoid future price inflation such as we had 
in 1973/74 when the `Great Russian Grain Robbery' occurred.'' Another 
commenter stated ``Having these [DDG] sales brings market transparency 
which will allow all market participants to digest the data.''
    Another trade association expressed concerns about the impacts of 
adding DDG, stating: ``DDGs are traded with highly variable and 
specific quality terms that differ greatly based on end use. For 
example, exported DDGs often require a specific color or nutritional 
profile that's not necessarily the same as the product that's traded 
domestically. Providing export sales reporting may skew the markets 
viewpoint on domestic sales.'' Another commenter stated, ``I would 
question why DDGs are listed to be reported, and other corn milling co-
products like Corn Gluten Feed, etc., are not. I would also like to 
know the compelling reason for the need to have DDGs reported at all?''

Determination To Extend the Public Comment Period on Proposed Rule

    Both supporters and opponents' views appear to have merit. The 
concerns raised with respect to the potential negative impact that 
mandatory export sales reporting for DDG would have on the domestic DDG 
market, especially the view expressed by one of the trade associations 
that the reporting information may confuse markets and skew domestic 
prices, justify an additional comment period.
    All comments previously submitted to USDA during the initial 
comment period will be given full consideration, so there is no need to 
resubmit these comments. Please provide any available specific 
information in support of your comments. If after evaluating all the 
comments received with respect to DDG, USDA determines to add DDG to 
the exporting reporting requirements, USDA would amend Appendix 1 to 
Part 20, adding DDG to the list of commodities to be reported, as set 
forth below.

Executive Order 12866

    The proposed rule has been determined to be not significant under 
Executive Order 12866.

Regulatory Flexibility Act

    The Regulatory Flexibility Act ensures that regulatory and 
information requirements are tailored to the size and nature of small 
businesses, small organizations, and small governmental jurisdictions. 
This proposed rule will not have a significant economic impact on small 
businesses.

[[Page 16820]]

Executive Order 12372

    Executive Order 12372, ``Intergovernmental Review of Federal 
Programs,'' requires consultation with state and local officials. The 
objectives of the Executive Order are to foster an intergovernmental 
partnership and a strengthened federalism, by relying on state and 
local processes for state and local government coordination and review 
of proposed federal financial assistance and direct federal 
development. This proposed rule neither provides federal financial 
assistance nor direct federal development; it does not provide either 
grants or cooperative agreements. Therefore this program is not subject 
to Executive Order 12372.

Executive Order 12988

    This proposed rule has been reviewed under Executive Order 12988. 
The provisions of this rule would not have a preemptive effect with 
respect to any state or local laws, regulations, or policies which 
conflict with such provision or which otherwise impede their full 
implementation. The rule would not have a retroactive effect. Before 
any judicial action may be brought forward regarding this rule, all 
administrative remedies must be exhausted.

Executive Order 13132

    The policies contained in this proposed rule would not have any 
substantial direct effect on states, on the relationship between the 
national government and the states, or on the distribution of power and 
responsibilities among the various levels of government. Nor would this 
rule impose substantial direct compliance costs on state and local 
governments. Therefore, consultation with the states is not required.

Executive Order 13175

    This proposed rule has been reviewed for compliance with Executive 
Order 13175, ``Consultation and Coordination with Indian Tribal 
Governments.'' This Executive Order imposes requirements on the 
development of regulatory policies that have Tribal implications or 
preempt tribal laws. The policies contained in this rule do not preempt 
Tribal law.

National Environmental Policy Act

    The Administrator has determined that this action will not have a 
significant effect on the quality of the human environment. Therefore, 
neither an Environmental Assessment nor an Environmental Impact 
Statement is necessary for this rule.

Unfunded Mandates Reform Act (Pub. L. 104-4)

    Public Law 104-4 requires consultation with state and local 
officials and Indian tribal governments. This proposed rule does not 
impose an unfunded mandate or any other requirement on state, local, or 
tribal governments. Accordingly, these requirements are not subject to 
the provisions of the Unfunded Mandates Reform Act.

Executive Order 12630

    This Order requires careful evaluation of governmental actions that 
interfere with constitutionally protected property rights. This 
proposed rule would not interfere with any property rights and, 
therefore, does not need to be evaluated on the basis of the criteria 
outlined in Executive Order 12630.

Paperwork Reduction Act of 1995

    In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. 
Chapter 35), the Secretary of Agriculture is requesting comments from 
all interested individuals and organizations on a proposed revision to 
the currently approved information collection for this program. This 
revision includes the proposed change in information collection 
activities related to the regulatory changes in this rule.

List of Subjects in 7 CFR Part 20

    Agricultural commodities, Exports, and Reporting and recordkeeping 
requirements.

    Accordingly, 7 CFR part 20 is proposed to be amended as follows:

PART 20--EXPORT SALES REPORTING REQUIREMENTS

0
1. The authority citation for part 20 continues to read as follows:


    Authority:  7 U.S.C. 5712.

0
2. Section 20.4 is amended by revising paragraph (c) to read as 
follows:


Sec.  20.4  Definitions.

* * * * *
    (c) Commodity. Wheat and wheat flour, feed grains, distillers dried 
grain, oilseeds, cotton, rice, cattle hides and skins, beef and pork, 
and any products thereof, and any other agricultural commodity the 
Secretary may designate. ``Commodity'' shall also mean a commodity 
having identifying characteristics as described in any announcement 
issued pursuant to Sec.  20.5 such as class(es) of wheat and rice, or 
staple length(s) of cotton. Mixed wheat shall be considered to be the 
predominant wheat class of the blend. This definition excludes 
commodities to be used for seed which have been treated in such a 
manner that their use is limited to seed for planting purposes or on 
which a certificate has been issued by a recognized seed testing 
laboratory setting forth variety, germination and purity.
* * * * *
0
3. Appendix 1 to part 20 is revised to read as follows:

Appendix 1 to Part 20--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
----------------------------------------------------------------------------------------------------------------
Wheat--Hard red winter..............  Metric Tons............  June 1................  May 31.
Wheat--Soft red winter..............  Metric Tons............  June 1................  May 31.
Wheat--Hard red Spring..............  Metric Tons............  June 1................  May 31.
Wheat--White (incl. Hard and soft     Metric Tons............  June 1................  May 31.
 white).
Wheat--Durum........................  Metric Tons............  June 1................  May 31.
Wheat--Products--All wheat flours     Metric Tons............  June 1................  May 31.
 (including clears) bulgur,
 semolina, farina, and rolled,
 cracked and crushed wheat.
Barley--Unmilled (including feed and  Metric Tons............  June 1................  May 31.
 hull-less waxy barley).
Corn--Unmilled (including waxy,       Metric Tons............  Sept. 1...............  Aug. 31.
 cracked--if 50% whole kernels).
Distillers Dried Grain..............  Metric Tons............  Sept.1................  Aug. 31.
Rye--Unmilled.......................  Metric Tons............  June 1................  May 31.

[[Page 16821]]

 
Oats--Unmilled......................  Metric Tons............  June 1................  May 31.
Grain Sorghum--Unmilled.............  Metric Tons............  Sept. 1...............  Aug. 31.
Soybeans............................  Metric Tons............  Sept. 1...............  Aug. 31.
Soybean Cake and Meal...............  Metric Tons............  Oct. 1................  Sept. 30.
Soybean Oil--including: crude         Metric Tons............  Oct. 1................  Sept. 30.
 (including degummed), once refined,
 soybean salad oil (including
 refined and further processed by
 bleaching, deodorizing or
 winterizing), hydro-genated,
 packaged oil.
Flaxseed............................  Metric Tons............  June 1................  May 31.
Linseed Oil--including raw, boiled..  Metric Tons............  June 1................  May 31.
Cottonseed..........................  Metric Tons............  Aug. 1................  July 31.
Cottonseed Cake and Meal............  Metric Tons............  Oct. 1................  Sept. 30.
Cottonseed Oil--including crude,      Metric Tons............  Oct. 1................  Sept. 30.
 once refined, cottonseed salad oil
 (refined and further processed by
 bleaching, deodorizing or
 winterizing), hydrogenated.
Sunflowerseed Oil crude, once         Metric Tons............  Oct. 1................  Sept. 30.
 refined, sunflowerseed salad oil
 (refined and further processed by
 bleaching, deodorizing or
 winterizing), hydrogenated.
Cotton--American Pima--Raw, extra     Running Bales..........  Aug. 1................  July 31.
 long staple.
Cotton--Upland--Raw, staple length    Running Bales..........  Aug. 1................  July 31.
 1\1/16\ inches and over.
Cotton--Upland--Raw, staple length 1  Running Bales..........  Aug. 1................  July 31.
 inch up to 1\1/16\ inches.
Cotton--Upland--Raw, staple length    Running Bales..........  Aug. 1................  July 31.
 under 1 inch.
Rice--Long grain, rough (including    Metric Tons............  Aug. 1................  July 31.
 parboiled).
Rice--Medium, short and other         Metric Tons............  Aug. 1................  July 31.
 classes, rough (including
 parboiled).
Rice--Long grain, brown (including    Metric Tons............  Aug. 1................  July 31.
 parboiled).
Rice--Medium, short and other         Metric Tons............  Aug. 1................  July 31.
 classes, brown (including
 parboiled).
Rice--Long grain, milled (including   Metric Tons............  Aug. 1................  July 31.
 parboiled).
Rice--Medium, short and other         Metric Tons............  Aug. 1................  July 31.
 classes, milled (including
 parboiled, brewer's rice).
Cattle Hides and Skins--Whole cattle  Pieces.................  Jan. 1................  Dec. 31.
 hides, (excluding wet blues).
Cattle Hides and Skins--Whole calf    Pieces.................  Jan. 1................  Dec. 31.
 skins (excluding wet blues).
Cattle Hides and Skins--Whole kip     Pieces.................  Jan. 1................  Dec. 31.
 skins, (excluding wet blues).
Cattle Hides and Skins--Cattle,       Number.................  Jan. 1................  Dec. 31.
 calf, and kip cut into croupons,
 crops, dossets, sides, butts and
 butt bend (hide equivalent)
 (excluding wet blues).
Cattle Hides and Skins--Cattle, calf  Pounds.................  Jan. 1................  Dec. 31.
 and kip, in cuts not otherwise
 specified; pickled/limed (excluding
 wet blues).
Cattle, calf and kip, Wet blues--     Number.................  Jan. 1................  Dec. 31.
 unsplit (whole or sided) hide
 equivalent.
Cattle, calf and kip, Wet blues--     Number.................  Jan. 1................  Dec. 31.
 grain splits (whole or sided) hide
 equivalent.
Cattle, calf and kip, Wet blues--     Pounds.................  Jan. 1................  Dec. 31.
 splits, (excluding grain splits).
Beef--fresh, chilled or frozen        Metric Tons............  Jan. 1................  Dec. 31.
 muscle cuts/whether or not boxed.
Pork--fresh, chilled or frozen        Metric Tons............  Jan. 1................  Dec. 31.
 muscle cuts/whether or not boxed.
----------------------------------------------------------------------------------------------------------------


    Dated: February 26, 2013.
Bryce Quick,
Acting Administrator, Foreign Agricultural Service.
[FR Doc. 2013-06084 Filed 3-18-13; 8:45 am]
BILLING CODE 3410-P