Export Sales Reporting Requirements, 13990-13993 [2012-5486]

Download as PDF 13990 Federal Register / Vol. 77, No. 46 / Thursday, March 8, 2012 / Proposed Rules additional resources, and the costs imposed; —Whether existing assistance is meeting the needs of LEP persons; —Whether staff know and understand the LEP plan and how to implement it; and —Whether identified sources for assistance are still available and viable. In addition to the five elements above, effective plans set clear goals, management accountability, and opportunities for community input and planning throughout the process. wreier-aviles on DSK5TPTVN1PROD with PROPOSALS VII. Voluntary Compliance Effort The goal for Title VI and Title VI regulatory enforcement is to achieve voluntary compliance. The requirement to provide meaningful access to LEP persons is enforced and implemented by USDA through its regulations at 7 CFR part 15, Departmental Regulation 4330– 2, ‘‘Nondiscrimination in Programs and Activities Receiving Federal Financial Assistance From USDA,’’ and Departmental Manual 4330–1, ‘‘Procedures for Processing Discrimination Complaints and Conducting Civil Rights Compliance Reviews in USDA Assisted Programs and Activities.’’ These documents contain USDA requirements and procedures for discrimination complaints processing, complaint investigations, compliance reviews, efforts to secure voluntary compliance, and technical assistance. USDA will investigate whenever it receives a complaint, report, or other information that alleges or indicates possible noncompliance with Title VI or its regulations. If the investigation results in a finding of compliance, USDA will inform the recipient in writing of this determination, including the basis for the determination. USDA uses voluntary mediation to resolve most complaints. However, if a case is fully investigated and results in a finding of noncompliance, USDA must inform the recipient of the noncompliance through a Letter of Findings that sets out the areas of noncompliance and the steps that must be taken to correct the noncompliance. It must attempt to secure voluntary compliance through informal means, if necessary. If the matter cannot be resolved informally, USDA must secure compliance through the termination of Federal assistance after the USDA recipient has been given an opportunity for an administrative hearing and/or by referring the matter to DOJ to seek injunctive relief or pursue other enforcement proceedings. USDA VerDate Mar<15>2010 14:34 Mar 07, 2012 Jkt 226001 engages in voluntary compliance efforts and provides technical assistance to recipients at all stages of an investigation. During these efforts, USDA proposes reasonable timetables for achieving compliance and consults with and assists recipients in exploring cost-effective ways of coming into compliance. In determining a recipient’s compliance with the Title VI regulations, USDA’s primary concern is to ensure that the recipient’s policies and procedures provide meaningful access for LEP persons to the recipient’s programs and activities. While all recipients must work toward building systems that will ensure access for LEP persons, USDA acknowledges that the implementation of a comprehensive system to serve LEP persons is a process and that a system will evolve over time as it is implemented and periodically reevaluated. As recipients take reasonable steps to provide meaningful access to federally assisted programs and activities for LEP persons, USDA will look favorably on intermediate steps recipients take that are consistent with this guidance, and that, as part of a broader implementation plan or schedule, move their service delivery system toward providing full access to LEP persons. This does not excuse noncompliance but instead recognizes that full compliance in all areas of a recipient’s activities and for all potential language minority groups might reasonably require a series of implementing actions over a period of time. However, in developing any phased implementation schedule, USDA recipients should ensure that the provision of appropriate assistance for significant LEP populations or with respect to programs or activities having a significant impact on important benefits, and services, are addressed first. Recipients are encouraged to document their efforts to provide LEP persons with meaningful access to federally assisted programs and activities. VIII. Effect on State and Local Laws Some State and local laws might identify language access obligations/ requirements. Recipients might meet these obligations, as long as they do not conflict with or set a lower standard than is required under Title VI and Title VI regulations. Finally, as noted above, some recipients operate in a jurisdiction in which English has been declared the official language. Nonetheless, these recipients continue to be subject to Federal non-discrimination requirements, including those applicable to the provision of federally PO 00000 Frm 00011 Fmt 4702 Sfmt 4702 assisted benefits and services to persons with limited English proficiency. Dated: January 30, 2012. Thomas J. Vilsack, Secretary. [FR Doc. 2012–4377 Filed 3–7–12; 8:45 am] BILLING CODE 3410–9R–P DEPARTMENT OF AGRICULTURE Office of the Secretary 7 CFR Part 20 RIN 0551–AA70 Export Sales Reporting Requirements Office of the Secretary, USDA. Proposed rule. AGENCY: ACTION: This proposed rule would add reporting for pork (fresh, chilled, and frozen box/primal cuts) and distillers dried grain (DDG) to the Export Sales Reporting Requirements. Under this proposed rule, all exporters of U.S. pork and DDG would be required to report on a weekly basis, information on the export sales of pork and DDGs to the Foreign Agricultural Service (FAS). DATES: Submit comments on or before May 7, 2012. ADDRESSES: Address all comments concerning this proposed rule to 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 Pete.Burr@fas.usda.gov; or by telephone at (202) 720–3274; or fax to (202) 720– 0876. 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). 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 Pete.Burr@fas.usda.gov; or by telephone on (202) 720–3274; or by fax (202) 720– 0876. SUPPLEMENTARY INFORMATION: SUMMARY: Background In 1973, Congress mandated an export sales reporting requirement to ensure that all parties involved in the production and export of U.S. grain E:\FR\FM\08MRP1.SGM 08MRP1 wreier-aviles on DSK5TPTVN1PROD with PROPOSALS Federal Register / Vol. 77, No. 46 / Thursday, March 8, 2012 / Proposed Rules have access to up-to-date export information. This mandate was the result of huge, unanticipated, Soviet purchases in 1972 of U.S. wheat and corn that produced a sizable run-up in U.S. food prices and depleted U.S. reserve stocks. There was concern that large grain companies had an advantage in this situation because they had more information than the public on future prices and grain trade trends. Prior to the establishment of the export sales reporting system, it was difficult for the public to obtain information on exports until such commodities were actually shipped. The statutory authority for the Export Sales Reporting Requirements, section 602 of the Agricultural Trade Act of 1978, provides for the reporting of wheat and wheat flour, feed grains, oil seeds, cotton, pork, beef and products thereof, and other commodities that the Secretary of Agriculture (the Secretary) may designate. This proposed rule would add reporting for pork (fresh, chilled, and frozen box/primal cuts) and DDGs to the Export Sales Reporting Requirements. Under this proposed rule, all exporters of U.S. pork and DDGs would be required to report weekly information with respect to the export sales of pork and DDGs to the Export Sales Reporting Branch, Office of Trade Programs, FAS, United States Department of Agriculture (USDA). Required reportable information includes the quantity, destination, and marketing year of all pork and DDG export sales, changes in sales, and shipments per parameters identified in Appendix 1. A summary of the ‘‘U.S. Export Sales’’ report is published on FAS’ Web site at https:// www.fas.usda.gov/export-sales/ esrd1.html, each Thursday at 8:30 a.m., Eastern Time. This change would not alter the current reporting schedule and would be undertaken using existing staff at no additional cost to the agency. Adding pork and DDG to the Export Sales Reporting Requirements would provide an early indicator of export sales levels for U.S. pork and DDG, thus improving market transparency and enabling commodity markets to better adjust to changing export activity. This proposed rule would allow for information on the total volume of sales and shipments to be available within 2 weeks of the export sale and shipment, rather than the nearly 2-month delay experienced under the current system operated by the U.S. Bureau of the Census, which only reports actual exports. VerDate Mar<15>2010 14:34 Mar 07, 2012 Jkt 226001 Executive Order 12866 The proposed rule has been determined to be significant under Executive Order 12866 and has been reviewed by the Office of Management and Budget. 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. 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 proposed rule has been reviewed under Executive Order 12988. The provisions of this proposed 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 proposed rule would not have a retroactive effect. Before any judicial action may be brought forward regarding this proposed 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 PO 00000 Frm 00012 Fmt 4702 Sfmt 4702 13991 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 proposed 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 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 proposed rule. Comment Date Comments on this information collection must be received by May 7, 2012 to be assured of consideration. Additional Information or Comments Peter W. Burr, Office of Trade Programs/Import Policies and Export Reporting Division/Export Sales Reporting Branch, FAS, USDA, 1400 Independence Avenue, Stop 1025, SW., Washington, DC 20520–1025; or by email at: esr@fas.usda.gov; or to the Desk Officer for Agriculture, Office of E:\FR\FM\08MRP1.SGM 08MRP1 13992 Federal Register / Vol. 77, No. 46 / Thursday, March 8, 2012 / Proposed Rules Information and Regulatory Affairs, Office of Management and Budget, Washington, DC 20503. Title: Export Sales (Reporting Program) of U.S. Agricultural Commodities. OMB Number: 0551–0007. Expiration Date of Approval: January 31, 2014. Type of Request: Revision of a currently approved information collection. Abstract: Section 602 of the Agricultural Trade Act of 1978, as amended, (7 U.S.C. 5712) requires the reporting of information pertaining to contracts for export sale of certain specified agricultural commodities and other commodities that may be designated by the Secretary. The Secretary of Agriculture has the authority to add other commodities to this list. This proposed rule would add reporting for pork and DDGs to the Export Sales Reporting Requirements. Regulations at 7 CFR part 20 implement the reporting requirements, and prescribe a system for reporting information pertaining to contracts for export sales. USDA’s Export Sales Reporting System was created after the large unexpected purchase of U.S. wheat and corn by the Soviet Union in 1972. To make sure that all parties involved in the production and export of U.S. grain have access to up-to-date export information, the U.S. Congress mandated an export sales reporting requirement in 1973. Prior to the establishment of the Export Sales Reporting System, it was difficult for the public to obtain information on export sales activity until the actual shipments had taken place. Estimate of Burden: The average burden, including the time for reviewing instructions, gathering data needed, completing forms, and record keeping is estimated to be 30 minutes. Respondents: All exporters of wheat and wheat flour, feed grains, oilseeds, cotton, rice, cattle hides and skins, beef, pork, and any products thereof, and other commodities that the Secretary may designate as produced in the United States. Estimated number of respondents: 360. Estimated Number of Responses per Respondent: 252.37. Estimated Total Annual Burden on Respondents: 45,427. Requests for Comments: Send comments regarding (a) whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility; (b) the accuracy of the agency’s estimate of the burden of the proposed collection of information; (c) ways to enhance the quality, utility, and clarity of the information to be collected; and (d) ways to minimize the burden of the collection of information on those who are to respond, including through the use of automated, electronic, mechanical, or other technological collection techniques or other forms of information technology. Persons with disabilities who require an alternative means of communication of information (Braille, large print, audiotape, etc.) should contact USDA’s Target Center at (202) 720–2600 (voice and TDD). All responses to this notice will be summarized and included in the request for OMB approval. All comments also will become a matter of public record. E-Government Act Compliance FAS is committed to compliance with the E-Government Act, which requires Government agencies, in general, to provide the public the option of submitting information or transacting business electronically to the maximum extent possible. wreier-aviles on DSK5TPTVN1PROD with PROPOSALS Wheat—Hard red winter .................................................................................... Wheat—Soft red winter ..................................................................................... Wheat—Hard red Spring ................................................................................... Wheat—White (incl. Hard and soft white) ......................................................... Wheat—Durum .................................................................................................. Wheat—Products—All wheat flours (including clears) bulgur, semolina, farina, and rolled, cracked and crushed wheat. Barley—Unmilled (including feed and hull-less waxy barley) ........................... Corn—Unmilled (including waxy, cracked—if 50% whole kernels) .................. Distillers Dried Grain .......................................................................................... Rye—Unmilled ................................................................................................... Oats—Unmilled .................................................................................................. Grain Sorghum—Unmilled ................................................................................. Soybeans ........................................................................................................... Soybean Cake and Meal ................................................................................... 14:34 Mar 07, 2012 Jkt 226001 PO 00000 Agricultural commodities, Exports, Reporting and recordkeeping requirements. Accordingly, for the reasons set forth in the preamble, 7 CFR part 20 is proposed to be amended as follows: PART 20—EXPORT SALES REPORTING REQUIREMENTS 1. The authority citation for part 20 continues to read as follows: Authority: 7 U.S.C. 5712. 2. Section 20.4 is amended by revising paragraph (c) to read as follows: § 20.4 Definitions. * * * * * (c) Commodity. Wheat and wheat flour, feed grains, oilseeds, cotton, rice, cattle hides and skins, beef, 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 § 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. * * * * * 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 used in reporting Commodity to be reported VerDate Mar<15>2010 List of Subjects in 7 CFR Part 20 Frm 00013 Fmt 4702 Beginning of marketing year Metric Metric Metric Metric Metric Metric Tons Tons Tons Tons Tons Tons ..................... ..................... ..................... ..................... ..................... ..................... June June June June June June Metric Metric Metric Metric Metric Metric Metric Metric Tons Tons Tons Tons Tons Tons Tons Tons ..................... ..................... ..................... ..................... ..................... ..................... ..................... ..................... June 1 ............................. Sept. 1 ............................ Sept. 1 ............................ June 1 ............................. June 1 ............................. Sept. 1 ............................ Sept. 1 ............................ Oct. 1 .............................. Sfmt 4700 E:\FR\FM\08MRP1.SGM 08MRP1 1 1 1 1 1 1 ............................. ............................. ............................. ............................. ............................. ............................. End of marketing year May May May May May May 31. 31. 31. 31. 31. 31. May 31. Aug. 31. Aug. 31. May 31. May 31. Aug. 31. Aug. 31. Sept. 30. Federal Register / Vol. 77, No. 46 / Thursday, March 8, 2012 / Proposed Rules 13993 Commodity to be reported Unit of measure to be used in reporting Beginning of marketing year End of marketing year Soybean Oil—including: Crude (including degummed), once refined, soybean salad oil (including refined and further processed by bleaching, deodorizing or winterizing), hydro-genated, packaged oil. Flaxseed ............................................................................................................ Linseed Oil—including raw, boiled .................................................................... Cottonseed ......................................................................................................... Cottonseed Cake and Meal ............................................................................... Cottonseed Oil—including crude, once refined, cottonseed salad oil (refined and further processed by bleaching, deodorizing or winterizing), hydrogenated. Sunflowerseed Oil—crude, once refined, sunflowerseed salad oil (refined and further processed by bleaching, deodorizing or winterizing), hydrogenated. Cotton—American Pima—Raw, extra long staple ............................................ Cotton—Upland—Raw, staple length 11⁄16 inches and over ............................ Cotton—Upland—Raw, staple length 1 inch up to 11⁄16 inches ....................... Cotton—Upland—Raw, staple length under 1 inch .......................................... Rice—Long grain, rough (including parboiled) .................................................. Rice—Medium, short and other classes, rough (including parboiled) .............. Rice—Long grain, brown (including parboiled) ................................................. Rice—Medium, short and other classes, brown (including parboiled) .............. Rice—Long grain, milled (including parboiled) .................................................. Rice—Medium, short and other classes, milled (including parboiled, brewer’s rice). Cattle Hides and Skins—Whole cattle hides, (excluding wet blues) ................ Cattle Hides and Skins—Whole calf skins (excluding wet blues) ..................... Cattle Hides and Skins—Whole kip skins, (excluding wet blues) ..................... Cattle Hides and Skins—Cattle, calf, and kip cut into croupons, crops, dossets, sides, butts and butt bend (hide equivalent) (excluding wet blues). Cattle Hides and Skins—Cattle, calf and kip, in cuts not otherwise specified; pickled/limed (excluding wet blues). Cattle, calf and kip, Wet blues—unsplit (whole or sided) hide equivalent ........ Cattle, calf and kip, Wet blues—grain splits (whole or sided) hide equivalent Cattle, calf and kip, Wet blues—splits, (excluding grain splits) ........................ Beef—fresh, chilled or frozen muscle cuts/whether or not boxed .................... Pork—fresh, chilled or frozen muscle cuts/whether or not boxed .................... Metric Tons ..................... Oct. 1 .............................. Sept. 30. Metric Metric Metric Metric Metric ..................... ..................... ..................... ..................... ..................... June 1 ............................. June 1 ............................. Aug. 1 ............................. Oct. 1 .............................. Oct. 1 .............................. May 31. May 31. July 31. Sept. 30. Sept. 30. Metric Tons ..................... Oct. 1 .............................. Sept. 30. Running Bales ................ Running Bales ................ Running Bales ................ Running Bales ................ Metric Tons ..................... Metric Tons ..................... Metric Tons ..................... Metric Tons ..................... Metric Tons ..................... Metric Tons ..................... Aug. Aug. Aug. Aug. Aug. Aug. Aug. Aug. Aug. Aug. 1 1 1 1 1 1 1 1 1 1 ............................. ............................. ............................. ............................. ............................. ............................. ............................. ............................. ............................. ............................. July July July July July July July July July July 31. 31. 31. 31. 31. 31. 31. 31. 31. 31. Pieces ............................. Pieces ............................. Pieces ............................. Number ........................... Jan. Jan. Jan. Jan. 1 1 1 1 .............................. .............................. .............................. .............................. Dec. Dec. Dec. Dec. 31. 31. 31. 31. Pounds ............................ Jan. 1 .............................. Dec. 31. Number ........................... Number ........................... Pounds ............................ Metric tons ...................... Metric tons ...................... Jan. Jan. Jan. Jan. Jan. Dec. Dec. Dec. Dec. Dec. Dated: January 10, 2012. Suzanne E. Heinen, Acting Administrator, Foreign Agricultural Service. [FR Doc. 2012–5486 Filed 3–7–12; 8:45 am] BILLING CODE 3410–10–P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA–2012–0221; Directorate Identifier 2010–SW–082–AD] RIN 2120–AA64 wreier-aviles on DSK5TPTVN1PROD with PROPOSALS Airworthiness Directives; Spectrolab Nightsun XP Searchlight Federal Aviation Administration (FAA), DOT. ACTION: Notice of proposed rulemaking (NPRM). AGENCY: We propose to adopt a new airworthiness directive (AD) for a certain Spectrolab Nightsun XP Searchlight Assembly (searchlight) SUMMARY: VerDate Mar<15>2010 14:34 Mar 07, 2012 Jkt 226001 Tons Tons Tons Tons Tons installed on, but not limited to, Agusta S.p.A. (Agusta) Model AB139 and Model AW139 helicopters, Sikorsky Aircraft Corporation (Sikorsky) Model S–92A helicopters, and Eurocopter Deutschland GmbH (Eurocopter) Model EC135 and Model MBB–BK 117 C–2 helicopters. This proposed AD would require, before further flight, inserting information into the Normal Procedures section of the Rotorcraft Flight Manual (RFM), a daily check of the searchlight, and at a specified time interval or if you find certain conditions, modifying any affected searchlight gimbal assembly. This proposed AD is prompted by a report of a searchlight vibrating and an investigation that revealed that the gimbal azimuth top nut was loose. A loose nut, if not detected and corrected, could result in a gap between the rubber edging of the top shroud and the gimbal frame, leading to degredation of pointing accuracy and stability performance of the searchlight, and excessive vibration. If the nut were to entirely disengage, the searchlight could disconnect partially or totally from the helicopter, resulting in damage to the PO 00000 Frm 00014 Fmt 4702 Sfmt 4702 1 1 1 1 1 .............................. .............................. .............................. .............................. .............................. 31. 31. 31. 31. 31. helicopter and injury to persons on the ground. DATES: We must receive comments on this proposed AD by May 7, 2012. ADDRESSES: You may send comments by any of the following methods: • Federal eRulemaking Docket: Go to https://www.regulations.gov. Follow the online instructions for sending your comments electronically. • Fax: 202–493–2251. • Mail: Send comments to the U.S. Department of Transportation, Docket Operations, M–30, West Building Ground Floor, Room W12–140, 1200 New Jersey Avenue SE., Washington, DC 20590–0001. • Hand Delivery: Deliver to the ‘‘Mail’’ address between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. Examining the AD Docket: You may examine the AD docket on the Internet at https://www.regulations.gov or in person at the Docket Operations Office between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD docket contains this proposed AD, the economic evaluation, any E:\FR\FM\08MRP1.SGM 08MRP1

Agencies

[Federal Register Volume 77, Number 46 (Thursday, March 8, 2012)]
[Proposed Rules]
[Pages 13990-13993]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-5486]

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DEPARTMENT OF AGRICULTURE

Office of the Secretary

7 CFR Part 20

RIN 0551-AA70

Export Sales Reporting Requirements

AGENCY: Office of the Secretary, USDA.

ACTION: Proposed rule.

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

SUMMARY: This proposed rule would add reporting for pork (fresh,
chilled, and frozen box/primal cuts) and distillers dried grain (DDG)
to the Export Sales Reporting Requirements. Under this proposed rule,
all exporters of U.S. pork and DDG would be required to report on a
weekly basis, information on the export sales of pork and DDGs to the
Foreign Agricultural Service (FAS).

DATES: Submit comments on or before May 7, 2012.

ADDRESSES: Address all comments concerning this proposed rule to 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 Pete.Burr@fas.usda.gov; or by
telephone at (202) 720-3274; or fax to (202) 720-0876. 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).

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 Pete.Burr@fas.usda.gov; or by telephone on (202) 720-3274; or
by fax (202) 720-0876.

SUPPLEMENTARY INFORMATION:

Background

In 1973, Congress mandated an export sales reporting requirement to
ensure that all parties involved in the production and export of U.S.
grain

[[Page 13991]]

have access to up-to-date export information. This mandate was the
result of huge, unanticipated, Soviet purchases in 1972 of U.S. wheat
and corn that produced a sizable run-up in U.S. food prices and
depleted U.S. reserve stocks. There was concern that large grain
companies had an advantage in this situation because they had more
information than the public on future prices and grain trade trends.
Prior to the establishment of the export sales reporting system, it was
difficult for the public to obtain information on exports until such
commodities were actually shipped.
The statutory authority for the Export Sales Reporting
Requirements, section 602 of the Agricultural Trade Act of 1978,
provides for the reporting of wheat and wheat flour, feed grains, oil
seeds, cotton, pork, beef and products thereof, and other commodities
that the Secretary of Agriculture (the Secretary) may designate.
This proposed rule would add reporting for pork (fresh, chilled,
and frozen box/primal cuts) and DDGs to the Export Sales Reporting
Requirements. Under this proposed rule, all exporters of U.S. pork and
DDGs would be required to report weekly information with respect to the
export sales of pork and DDGs to the Export Sales Reporting Branch,
Office of Trade Programs, FAS, United States Department of Agriculture
(USDA). Required reportable information includes the quantity,
destination, and marketing year of all pork and DDG export sales,
changes in sales, and shipments per parameters identified in Appendix
1. A summary of the ``U.S. Export Sales'' report is published on FAS'
Web site at https://www.fas.usda.gov/export-sales/esrd1.html, each
Thursday at 8:30 a.m., Eastern Time. This change would not alter the
current reporting schedule and would be undertaken using existing staff
at no additional cost to the agency.
Adding pork and DDG to the Export Sales Reporting Requirements
would provide an early indicator of export sales levels for U.S. pork
and DDG, thus improving market transparency and enabling commodity
markets to better adjust to changing export activity. This proposed
rule would allow for information on the total volume of sales and
shipments to be available within 2 weeks of the export sale and
shipment, rather than the nearly 2-month delay experienced under the
current system operated by the U.S. Bureau of the Census, which only
reports actual exports.

Executive Order 12866

The proposed rule has been determined to be significant under
Executive Order 12866 and has been reviewed by the Office of Management
and Budget.

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.

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 proposed rule has been reviewed under Executive Order 12988.
The provisions of this proposed 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 proposed rule would not have a retroactive effect.
Before any judicial action may be brought forward regarding this
proposed 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 proposed 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 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 proposed rule.

Comment Date

Comments on this information collection must be received by May 7,
2012 to be assured of consideration.

Additional Information or Comments

Peter W. Burr, Office of Trade Programs/Import Policies and Export
Reporting Division/Export Sales Reporting Branch, FAS, USDA, 1400
Independence Avenue, Stop 1025, SW., Washington, DC 20520-1025; or by
email at: esr@fas.usda.gov; or to the Desk Officer for Agriculture,
Office of

[[Page 13992]]

Information and Regulatory Affairs, Office of Management and Budget,
Washington, DC 20503.
Title: Export Sales (Reporting Program) of U.S. Agricultural
Commodities.
OMB Number: 0551-0007.
Expiration Date of Approval: January 31, 2014.
Type of Request: Revision of a currently approved information
collection.
Abstract: Section 602 of the Agricultural Trade Act of 1978, as
amended, (7 U.S.C. 5712) requires the reporting of information
pertaining to contracts for export sale of certain specified
agricultural commodities and other commodities that may be designated
by the Secretary. The Secretary of Agriculture has the authority to add
other commodities to this list. This proposed rule would add reporting
for pork and DDGs to the Export Sales Reporting Requirements.
Regulations at 7 CFR part 20 implement the reporting requirements, and
prescribe a system for reporting information pertaining to contracts
for export sales.
USDA's Export Sales Reporting System was created after the large
unexpected purchase of U.S. wheat and corn by the Soviet Union in 1972.
To make sure that all parties involved in the production and export of
U.S. grain have access to up-to-date export information, the U.S.
Congress mandated an export sales reporting requirement in 1973. Prior
to the establishment of the Export Sales Reporting System, it was
difficult for the public to obtain information on export sales activity
until the actual shipments had taken place.
Estimate of Burden: The average burden, including the time for
reviewing instructions, gathering data needed, completing forms, and
record keeping is estimated to be 30 minutes.
Respondents: All exporters of wheat and wheat flour, feed grains,
oilseeds, cotton, rice, cattle hides and skins, beef, pork, and any
products thereof, and other commodities that the Secretary may
designate as produced in the United States.
Estimated number of respondents: 360.
Estimated Number of Responses per Respondent: 252.37.
Estimated Total Annual Burden on Respondents: 45,427.
Requests for Comments: Send comments regarding (a) whether the
proposed collection of information is necessary for the proper
performance of the functions of the agency, including whether the
information will have practical utility; (b) the accuracy of the
agency's estimate of the burden of the proposed collection of
information; (c) ways to enhance the quality, utility, and clarity of
the information to be collected; and (d) ways to minimize the burden of
the collection of information on those who are to respond, including
through the use of automated, electronic, mechanical, or other
technological collection techniques or other forms of information
technology.
Persons with disabilities who require an alternative means of
communication of information (Braille, large print, audiotape, etc.)
should contact USDA's Target Center at (202) 720-2600 (voice and TDD).
All responses to this notice will be summarized and included in the
request for OMB approval. All comments also will become a matter of
public record.

E-Government Act Compliance

FAS is committed to compliance with the E-Government Act, which
requires Government agencies, in general, to provide the public the
option of submitting information or transacting business electronically
to the maximum extent possible.

List of Subjects in 7 CFR Part 20

Agricultural commodities, Exports, Reporting and recordkeeping
requirements.

Accordingly, for the reasons set forth in the preamble, 7 CFR part
20 is proposed to be amended as follows:

PART 20--EXPORT SALES REPORTING REQUIREMENTS

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

Authority: 7 U.S.C. 5712.

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, 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.
* * * * *
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 End of marketing
Commodity to be reported used in reporting year 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.
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.

[[Page 13993]]

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, 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 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 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 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, 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 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--grain Number.................. Jan. 1.................. Dec. 31.
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 muscle Metric tons............. Jan. 1.................. Dec. 31.
cuts/whether or not boxed.
Pork--fresh, chilled or frozen muscle Metric tons............. Jan. 1.................. Dec. 31.
cuts/whether or not boxed.
----------------------------------------------------------------------------------------------------------------

Dated: January 10, 2012.
Suzanne E. Heinen,
Acting Administrator, Foreign Agricultural Service.

[FR Doc. 2012-5486 Filed 3-7-12; 8:45 am]
BILLING CODE 3410-10-P

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