[Federal Register Volume 84, Number 227 (Monday, November 25, 2019)]
[Rules and Regulations]
[Pages 64703-64705]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-25529]



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 Rules and Regulations
                                                 Federal Register
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  Federal Register / Vol. 84, No. 227 / Monday, November 25, 2019 / 
Rules and Regulations  

[[Page 64703]]



DEPARTMENT OF AGRICULTURE

7 CFR Part 20

RIN 0551-AB01


Export Sales Reporting Program

AGENCY: Foreign Agricultural Service, USDA.

ACTION: Final rule; clarification.

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

SUMMARY: The USDA is modifying the regulations implementing the export 
sales reporting requirements of Section 602 of the Agricultural Trade 
Act of 1978. The Export Sales Reporting Requirements regulations 
require exporters to report on a weekly basis information concerning 
quantity, country of destination, and other specified information 
related to export sales of beef and pork, among other commodities. USDA 
is adding a footnote to clarify the descriptions for ``fresh, chilled 
or frozen muscle cuts/whether or not boxed'' for beef and pork in the 
appendix to the regulations. The footnote includes an illustrative list 
of items that fall under these headings, such as carcasses and half-
carcasses. This final rule clarifies the wording of the regulations to 
avoid potential confusion.

DATES: This rule is effective November 25, 2019.

ADDRESSES: U.S. Department of Agriculture, Foreign Agricultural 
Service, Global Market Analysis Division, 1400 Independence Ave. SW, 
Washington, DC 20250-1025.

FOR FURTHER INFORMATION CONTACT: Amy Harding, Global Marketing Analysis 
Division, 202-720-3538, Email [email protected].

SUPPLEMENTARY INFORMATION: 

Background

    Section 602 of the Agricultural Act of 1978 (7 U.S.C. 5712), as 
amended, requires all exporters of wheat and wheat flour, feed grains, 
oil seeds, cotton, pork, beef, and products thereof, and other 
commodities that the Secretary of Agriculture may designate produced in 
the United States to report to USDA, on a weekly basis, information 
regarding export sales contracts entered into or subsequently modified 
during the reporting period, including, inter alia, the type, class, 
and quantity of the commodity sought to be exported. The Export Sales 
Reporting Requirements regulations in 7 CFR part 20 implement section 
602's requirements, and the commodities for which reports are required 
are set forth in the appendix to part 20. Information collected is 
aggregated and included in the weekly U.S. Export Sales report 
published by the Foreign Agricultural Service (FAS).
    FAS has received informal inquiries whether exports of different 
types of beef and pork carcasses must be reported under the 
regulations. This final rule clarifies the descriptions in the appendix 
of ``fresh, chilled or frozen muscle cuts/whether or not boxed'' for 
beef and pork by adding a footnote that sets out an illustrative list 
of items covered by this description, such as carcasses and half-
carcasses.

Notice and Comment

    This rule is being issued as a final rule without prior notice and 
opportunity for comment. The Administrative Procedure Act (APA) states 
notice of proposed rulemaking is not required ``when the agency for 
good cause finds . . . that notice and public procedure thereon are 
impracticable, unnecessary, or contrary to the public interest.'' 5 
U.S.C. 553(b)(B). To issue a rule that is immediately effective, an 
agency similarly must find good cause for dispensing with the 30-day 
delay required by the APA. Because this change is interpretive in 
nature and intended to avoid potential confusion, FAS finds that the 
notice and comment provisions of 5 U.S.C. 553 are not necessary. 
Similarly, the agency finds that a delay in effectiveness would serve 
no useful purpose. Accordingly, under 5 U.S.C. 553(b)(B) and (d), 
notice and public comment thereon and a delay in effectiveness are 
unnecessary. Therefore, this final rule is effective when published in 
the Federal Register.

Executive Order 12866 and 13563

    Executive Orders 12866 and 13563 direct agencies to assess all 
costs and benefits of available regulatory alternatives and, if 
regulation is necessary, to select regulatory approaches that maximize 
net benefits (including potential economic, environmental, public 
health and safety effects, distributive impacts, and equity). Executive 
Order 13563 emphasizes the importance of quantifying both costs and 
benefits, of reducing costs, of harmonizing rules, and of promoting 
flexibility. This rule has been determined to be not significant and 
was not reviewed by the Office of Management and Budget (OMB) in 
conformance with Executive Order 12866.

Congressional Review Act

    Pursuant to the Congressional Review Act (5 U.S.C. 801 et seq.), 
the Office of Information and Regulatory Affairs has designated this 
rule as not a major rule, as defined by 5 U.S.C. 804(2).

Executive Order 13175

    This rule has been reviewed for compliance with Executive Order 
13175, ``Consultation and Coordination with Indian Tribal 
Governments.'' Executive Order 13175 requires Federal agencies to 
consult and coordinate with tribes on a government-to-government basis 
on policies that have tribal implications, including regulations, 
legislative comments, proposed legislation, and other policy statements 
or actions that have substantial direct effects on one or more Indian 
tribes, on the relationship between the Federal Government and Indian 
tribes or on the distribution of power and responsibilities between the 
Federal government and Indian tribes. FAS has assessed the impact of 
this rule on Indian tribes and determined that this rule does not, to 
the knowledge of FAS, have tribal implications that required tribal 
consultation under Executive Order 13175. If a tribe requests 
consultation, FAS will work with USDA Office of Tribal Relations to 
ensure meaningful consultation is provided where changes, additions, 
and modifications identified herein are not expressly mandated by 
Congress.

Executive Order 13771

    Executive Order 13771 directs agencies to reduce regulation and 
control regulatory costs and provides that for every new regulation 
issued, at least two prior regulations be identified for elimination, 
and that the cost of planned regulations be prudently

[[Page 64704]]

managed and controlled through a budgeting process. This rule is not an 
Executive Order 13771 regulatory action because this rule is not 
significant under Executive Order 12866.

List of Subjects in 7 CFR Part 20

    Agricultural commodities, Export sales reporting.

    Accordingly, for the reasons stated in the preamble, 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.


Sec.  20.4   [Amended]

0
2. In Sec.  20.4(j), remove ``appendix 1'' and add ``appendix A to this 
part'' in its place.


Sec.  20.5   [Amended]

0
3. In Sec.  20.5, remove ``appendix 1'' and add ``appendix A'' in its 
place everywhere it appears.

Appendix 1 to Part 20 [Redesignated as Appendix A to Part 20 and 
Amended]

0
4. Redesignate appendix 1 to Part 20 as appendix A to Part 20 and 
revise newly redesignated appendix A to read as follows:

Appendix A 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 white)  Metric Tons...........  June 1................  May 31.
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, cracked-- Metric Tons...........  Sept. 1...............  Aug. 31.
 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 (including  Metric Tons...........  Oct. 1................  Sept. 30.
 degummed), once refined, soybean salad
 oil (including refined and further
 processed by bleaching, deodorizing or
 winterizing), hydrogenated, 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, once     Metric Tons...........  Oct. 1................  Sept. 30.
 refined, cottonseed salad oil (refined
 and further processed by bleaching,
 deodorizing or winterizing),
 hydrogenated.
Sunflowerseed Oil crude, once refined,    Metric Tons...........  Oct. 1................  Sept. 30.
 sunflowerseed salad oil (refined and
 further processed by bleaching,
 deodorizing or winterizing),
 hydrogenated.
Cotton--American Pima--Raw, extra-long    Running Bales.........  Aug. 1................  July 31.
 staple.
Cotton--Upland--Raw, staple length 1\1/   Running Bales.........  Aug. 1................  July 31.
 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 under  Running Bales.........  Aug. 1................  July 31.
 1 inch.
Rice--long grain, rough (including        Metric Tons...........  Aug. 1................  July 31.
 parboiled).
Rice--medium, short and other classes,    Metric Tons...........  Aug. 1................  July 31.
 rough (including parboiled).
Rice--long grain, brown (including        Metric Tons...........  Aug. 1................  July 31.
 parboiled).
Rice--medium, short and other classes,    Metric Tons...........  Aug. 1................  July 31.
 brown (including parboiled).
Rice--long grain, milled (including       Metric Tons...........  Aug. 1................  July 31.
 parboiled).
Rice--medium, short and other classes,    Metric Tons...........  Aug. 1................  July 31.
 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 skins  Pieces................  Jan. 1................  Dec. 31.
 (excluding wet blues).
Cattle Hides and Skins--Whole kip skins   Pieces................  Jan. 1................  Dec. 31.
 (excluding wet blues).
Cattle Hides and Skins--Cattle, calf,     Number................  Jan. 1................  Dec. 31.
 and kip cut into croupons, crops,
 dossets, sides, butts and butt bend
 (hide equivalent) (excluding wet blues).
Cattle Hides and Skins--Cattle, calf and  Pounds................  Jan. 1................  Dec. 31.
 kip, in cuts not otherwise specified;
 pickled/limed (excluding wet blues).
Cattle, calf and kip, Wet blues--unsplit  Number................  Jan. 1................  Dec. 31.
 (whole or sided) hide equivalent.
Cattle, calf and kip, Wet blues--grain    Number................  Jan. 1................  Dec. 31.
 splits (whole or sided) hide equivalent.
Cattle, calf and kip, Wet blues--splits,  Pounds................  Jan. 1................  Dec. 31.
 (excluding grain splits).
Beef--fresh, chilled or frozen muscle     Metric Tons...........  Jan. 1................  Dec. 31.
 cuts/whether or not boxed \1\.
Pork--fresh, chilled or frozen muscle     Metric Tons...........  Jan. 1................  Dec. 31.
 cuts/whether or not boxed \1\.
----------------------------------------------------------------------------------------------------------------
\1\ For greater clarity, ``muscle cuts'' includes carcasses, whether whole, divided in half or further sub-
  divided into individual primals, sub-primals, or fabricated cuts, with or without bone. Carcasses which are
  broken down, boxed, and sold as a complete unit are muscle cuts. Total weight of carcasses reported may
  include minor non-reportable items attached to carcasses (e.g., hooves attached to carcasses). Meats removed
  during the conversion of an animal to a carcass (e.g., variety meats such as beef/pork hearts, beef tongues,
  etc.) are not muscle cuts nor are items sold as bones practically free of meat (e.g., beef femur bones) or fat
  practically free of meat (e.g., pork clear plate) removed from a carcass.



[[Page 64705]]

    Dated: October 29, 2019.
Ken Isley,
Administrator, Foreign Agricultural Service.
[FR Doc. 2019-25529 Filed 11-22-19; 8:45 am]
 BILLING CODE 3410-10-P