[Federal Register Volume 78, Number 53 (Tuesday, March 19, 2013)]
[Rules and Regulations]
[Pages 16777-16779]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-06086]



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

[[Page 16777]]



DEPARTMENT OF AGRICULTURE

Office of the Secretary

7 CFR Part 20


Export Sales Reporting Requirements

AGENCY: Office of the Secretary, USDA.

ACTION: Final rule.

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

SUMMARY: USDA published a proposed rule in the Federal Register on June 
25, 2012, which would have added reporting for pork (fresh, chilled, or 
frozen muscle cuts/whether or not boxed) and distillers dried grain 
(DDG) to the Export Sales Reporting Requirements (ESR). Under that 
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 (FAS). This final 
rule implements the requirement to report weekly export sales of pork, 
but does not implement the requirement to report weekly export sales of 
DDG at this time.

DATES: The final rule will be effective on March 19, 2013.

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 would have added reporting for pork (fresh, 
chilled, or frozen muscle cuts/whether or not boxed) and DDG to the 
ESR. Under that 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 FAS. The 60-day public comment period 
ended on August 24, 2012.
    A total of eight comments were received during the comment period. 
Adding pork to the ESR was supported by five comments and opposed by 
none. USDA is amending the regulation to add pork to the ESR, as is 
statutorily required.
    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?''
    In response to the comments on DDG, USDA has determined that adding 
the reporting requirement for export sales of DDG requires further 
review and will be publishing a proposed rule, with extension of 
comment period, on the proposed reporting requirement for this 
commodity.

Effective Date

    The Administrative Procedure Act (5 U.S.C. 553) provides generally 
that before rules are issued by Government agencies, the rule must be 
published in the Federal Register, and the required publication of a 
substantive rule is to be not less than 30 days before its effective 
date. One of the exceptions is when the agency finds good cause for not 
delaying the effective date. USDA finds that there is good cause for 
making this rule effective less than 30 days after publication in the 
Federal Register because the Mandatory Price Reporting Act of 2010 
(Pub. L. 111-239) mandates that pork be added to the ESR, and the 
comments with respect to pork favored adding pork to the ESR. 
Therefore, USDA has determined that it is in the public interest to 
amend the regulation to include pork as soon as possible and is 
immediately amending the regulation to add pork to the ESR.

Executive Order 12866

    The 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 rule will not have a significant economic impact on small 
businesses.

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 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 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.

[[Page 16778]]

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 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 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)

    Pub. L. 104-4 requires consultation with state and local officials 
and Indian tribal governments. This 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 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 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, 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   Metric Tons..............  June 1..................  May 31.
 and hull-less waxy barley).
Corn--Unmilled (including waxy,    Metric Tons..............  Sept. 1.................  Aug. 31.
 cracked--if 50% whole kernels).
Rye--Unmilled....................  Metric Tons..............  June 1..................  May 31.
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,        Metric Tons..............  June 1..................  May 31.
 boiled.
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.

[[Page 16779]]

 
Cotton--Upland--Raw, staple        Running Bales............  Aug. 1..................  July 31.
 length 1 1/16 inches and over.
Cotton--Upland--Raw, staple        Running Bales............  Aug. 1..................  July 31.
 length 1 inch up to 1 1/16
 inches.
Cotton--Upland--Raw, staple        Running Bales............  Aug. 1..................  July 31.
 length under 1 inch.
Rice--Long grain, rough            Metric Tons..............  Aug. 1..................  July 31.
 (including parboiled).
Rice--Medium, short and other      Metric Tons..............  Aug. 1..................  July 31.
 classes, rough (including
 parboiled).
Rice--Long grain, brown            Metric Tons..............  Aug. 1..................  July 31.
 (including parboiled).
Rice--Medium, short and other      Metric Tons..............  Aug. 1..................  July 31.
 classes, brown (including
 parboiled).
Rice--Long grain, milled           Metric Tons..............  Aug. 1..................  July 31.
 (including parboiled).
Rice--Medium, short and other      Metric Tons..............  Aug. 1..................  July 31.
 classes, milled (including
 parboiled, brewer's rice).
Cattle Hides and Skins--Whole      Pieces...................  Jan. 1..................  Dec. 31.
 cattle hides, (excluding wet
 blues).
Cattle Hides and Skins--Whole      Pieces...................  Jan. 1..................  Dec. 31.
 calf 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,    Pounds...................  Jan. 1..................  Dec. 31.
 calf 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. 2013-06086 Filed 3-18-13; 8:45 am]
BILLING CODE 3410-10-P