Export Sales Reporting Requirements, 16777-16779 [2013-06086]
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16777
Rules and Regulations
Federal Register
Vol. 78, No. 53
Tuesday, March 19, 2013
This section of the FEDERAL REGISTER
contains regulatory documents having general
applicability and legal effect, most of which
are keyed to and codified in the Code of
Federal Regulations, which is published under
50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by
the Superintendent of Documents. Prices of
new books are listed in the first FEDERAL
REGISTER issue of each week.
DEPARTMENT OF AGRICULTURE
Office of the Secretary
7 CFR Part 20
Export Sales Reporting Requirements
Office of the Secretary, USDA.
ACTION: Final rule.
AGENCY:
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
Pete.Burr@fas.usda.gov; or by telephone
on (202) 720–3274; or by fax (202) 720–
0876.
SUPPLEMENTARY INFORMATION:
tkelley on DSK3SPTVN1PROD with RULES
SUMMARY:
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
VerDate Mar<15>2010
16:13 Mar 18, 2013
Jkt 229001
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
PO 00000
Frm 00001
Fmt 4700
Sfmt 4700
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.
E:\FR\FM\19MRR1.SGM
19MRR1
16778
Federal Register / Vol. 78, No. 53 / Tuesday, March 19, 2013 / Rules and Regulations
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.
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.
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.
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:
tkelley on DSK3SPTVN1PROD with RULES
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) ....................................
Rye—Unmilled ....................................................................................................................
Oats—Unmilled ...................................................................................................................
Grain Sorghum—Unmilled ..................................................................................................
Soybeans ............................................................................................................................
Soybean Cake and Meal ....................................................................................................
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 ..............................................................
16:13 Mar 18, 2013
Jkt 229001
PO 00000
Frm 00002
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 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 § 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
PART 20—EXPORT SALES
REPORTING REQUIREMENTS
Fmt 4700
Sfmt 4700
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 ..............
June 1 ...............
June 1 ..............
Sept. 1 ..............
Sept. 1 ..............
Oct. 1 ................
Oct. 1 ................
May 31.
Aug. 31.
May 31.
May 31.
Aug. 31.
Aug. 31.
Sept. 30.
Sept. 30.
Metric
Metric
Metric
Metric
Metric
Tons
Tons
Tons
Tons
Tons
......
.......
.......
......
.......
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 ..
Aug. 1 ...............
July 31.
E:\FR\FM\19MRR1.SGM
19MRR1
1
1
1
1
1
1
..............
...............
..............
..............
..............
..............
End of
marketing year
May
May
May
May
May
May
31.
31.
31.
31.
31.
31.
16779
Federal Register / Vol. 78, No. 53 / Tuesday, March 19, 2013 / Rules and Regulations
Unit of measure
to be used in
reporting
Commodity to be reported
Cotton—Upland—Raw, staple length 1 1/16 inches and over ...........................................
Cotton—Upland—Raw, staple length 1 inch up to 1 1/16 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 .....................................
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
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
[Docket No. FAA–2001–8994; Amdt. No. 21–
96]
RIN 2120–AK19
Type Certification Procedures for
Changed Products
Federal Aviation
Administration (FAA), DOT.
ACTION: Final rule; disposition of
comments.
AGENCY:
On December 4, 2012, the
FAA published a final rule; request for
comments (77 FR 71691) to make the
existing regulation consistent with the
FAA’s intent and with the certification
practice both before and after the
adoption of the existing rule. The 2012
final rule clarifies what an applicant
must show regarding a ‘‘changed
product’’ to comply with applicable
standards and became effective on
February 4, 2013. We sought public
comment on that final rule even though
it is only clarifying in nature. This
action responds to the public comments
the FAA received.
ADDRESSES: You may review the public
docket for this rulemaking (Docket No.
tkelley on DSK3SPTVN1PROD with RULES
VerDate Mar<15>2010
16:13 Mar 18, 2013
Jkt 229001
Running Bales ..
Running Bales ..
Running Bales ..
Metric Tons .......
Metric Tons .......
Metric Tons .......
Metric Tons .......
Metric Tons .......
Metric Tons .......
Pieces ...............
Pieces ...............
Pieces ...............
Number .............
Aug. 1 ...............
Aug. 1 ...............
Aug. 1 ...............
Aug. 1 ...............
Aug. 1 ...............
Aug. 1 ...............
Aug. 1 ...............
Aug. 1 ...............
Aug. 1 ...............
Jan. 1 ...............
Jan. 1 ................
Jan. 1 ................
Jan. 1 ...............
July 31.
July 31.
July 31.
July 31.
July 31.
July 31.
July 31.
July 31.
July 31.
Dec. 31.
Dec. 31.
Dec. 31.
Dec. 31.
Pounds .............
Jan. 1 ...............
Dec. 31.
Number .............
Number .............
Pounds .............
Metric Tons .......
Metric Tons ......
Jan.
Jan.
Jan.
Jan.
Jan.
Dec.
Dec.
Dec.
Dec.
Dec.
FAA–2001–8994) at the Docket
Management Facility in Room W12–140
of the West Building Ground Floor at
1200 New Jersey Avenue SE.,
Washington, DC 20590–0001 between 9
a.m. and 5 p.m., Monday through
Friday, except Federal holidays. You
may also review the public docket on
the Internet at https://
www.regulations.gov.
For
technical questions concerning this
action, contact Victor Powell,
Certification Procedures Office (AIR–
110), Aircraft Certification Service,
Federal Aviation Administration, 950
L’Enfant Plaza SW., Washington, DC
20024; telephone (202) 385–6326; email
victor.powell@faa.gov, or Randall
Petersen, Certification Procedures Office
(AIR–110), Aircraft Certification
Service, Federal Aviation
Administration, 950 L’Enfant Plaza SW.,
Washington, DC 20024; telephone (202)
385–6325, email
randall.petersen@faa.gov.
For legal questions concerning this
action, contact Douglas Anderson,
Northwest Mountain Region—Deputy
Regional Counsel (ANM–7), Office of
the Chief Counsel, Federal Aviation
Administration Northwest Mountain
Regional Office, 1601 Lind Ave. SW.,
Renton, WA 98057; telephone (425)
227–2166; facsimile (425) 227–1007;
email douglas.anderson@faa.gov.
SUPPLEMENTARY INFORMATION:
FOR FURTHER INFORMATION CONTACT:
14 CFR Part 21
SUMMARY:
Beginning of
marketing year
Background
On June 7, 2000, the FAA published
a final rule entitled, ‘‘Type Certification
Procedures for Changed Products’’ (65
FR 36244). In that final rule, the FAA
PO 00000
Frm 00003
Fmt 4700
Sfmt 4700
1
1
1
1
1
...............
................
................
...............
................
End of
marketing year
31.
31.
31.
31.
31.
revised the procedural requirements for
the certification of changes to typecertificated products. The revision
required the applicant to apply the
latest airworthiness standards in effect,
to the extent practical, for the
certification of significant design
changes of aircraft, aircraft engines, and
propellers. Before this final rule, many
changes to aeronautical products were
not required to show compliance with
the latest airworthiness standards. This
final rule was needed because
incremental design approval changes
accumulated into significant differences
from the original product. Also, the final
rule was intended to expand under what
conditions the latest airworthiness
amendments needed to be applied to
changes to aeronautical products.
To clarify what the 2000 final rule
intended, the FAA published a final
rule; request for comments also entitled,
‘‘Type Certification Procedures for
Changed Products’’ (December 4, 2012,
77 FR 71691). The 2000 final rule
requires an applicant to show that the
‘‘changed product’’ complies with
applicable standards. The purpose of
§ 21.101 is to require an applicant to
evaluate the proposed design change
and its effect on the product rather than
the re-evaluation (certification) of the
entire changed product. Therefore,
§ 21.101 was amended in the 2012 final
rule to replace ‘‘changed product’’ with
‘‘change and areas affected by the
change’’ to accurately limit the scope of
compliance responsibility for the
applicant. That change was also made in
§ 21.97 for the same reason. The
intended effect of the 2012 final rule is
to make the applicable requirements
E:\FR\FM\19MRR1.SGM
19MRR1
Agencies
[Federal Register Volume 78, Number 53 (Tuesday, March 19, 2013)]
[Rules and Regulations]
[Pages 16777-16779]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-06086]
========================================================================
Rules and Regulations
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by the Superintendent of Documents.
Prices of new books are listed in the first FEDERAL REGISTER issue of each
week.
========================================================================
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 Pete.Burr@fas.usda.gov; 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