[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
Federal Register
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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.
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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
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Unit of measure to be Beginning of marketing
Commodity to be reported used in reporting year End of marketing year
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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.
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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