[Federal Register Volume 62, Number 45 (Friday, March 7, 1997)]
[Rules and Regulations]
[Pages 10411-10412]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-5095]
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Rules and Regulations
Federal Register
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Federal Register / Vol. 62, No. 45 / Friday, March 7, 1997 / Rules
and Regulations
[[Page 10411]]
DEPARTMENT OF AGRICULTURE
Office of the Secretary
7 CFR Part 20
Export Sales Reporting for Sunflowerseed Oil
AGENCY: Foreign Agricultural Service, USDA.
ACTION: Final rule.
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SUMMARY: This final rule adds sunflowerseed oil to the list of
commodities subject to the export sales reporting requirements of 7 CFR
Part 20. Exporters of sunflowerseed oil will be required to report
their sales for export each week. Summary information collected will be
published in compilation form providing more complete coverage of the
oilseed export industry and additional high quality up-to-date
information required in making export projections.
EFFECTIVE DATE: April 7, 1997.
FOR FURTHER INFORMATION CONTACT: Thomas B. McDonald, Jr., Chief, Export
Sales Reporting Branch, Trade and Economic Analysis Division, Foreign
Agricultural Service, U.S. Department of Agriculture, Washington, DC
20250-1025, (202) 720-3273, FAX (202) 690-3275.
SUPPLEMENTARY INFORMATION:
Executive Order 12866
This rule is issued in conformance with Executive Order 12866. It
has been determined that it is not a ``significant regulatory action''
rule because it will not:
(1) Have an annual effect on the economy of $100 million or more;
(2) Adversely effect in a material way the economy, a sector of the
economy, productivity, competition, jobs, the environment, public
health or safety, or State, local, or tribal governments or
communities;
(3) Create any serious inconsistencies or otherwise interfere with
any action taken or planned by another agency;
(4) Alter the budgetary impact of entitlements, grants, user fees,
or loan programs or rights and obligations of recipients thereof; or
(5) Raise novel legal or policy issues arising out of legal
mandates, the President's priorities, or principles set forth in
Executive Order No. 12866.
Regulatory Flexibility Act
It has been determined that this rule will not have a significant
impact on a substantial number of small entities as defined in the
Regulatory Flexibility Act, Public Law 96-534 (5 U.S.C. 601 et seq.).
The time and expense of complying with this final rule is negligible.
In addition, data reported under this regulation are maintained as part
of the normal course of an export contracting business. A copy of this
rule has been sent to the Chief Counsel, Office of Advocacy, U.S. Small
Business Administration.
Executive Order 12372
This rule is not subject to the provisions of Executive Order
12372, which requires intergovernmental consultation with state and
local officials. See the Notice related to 7 CFR part 3015, subpart V,
published at 46 FR 29115 (June 24, 1983).
Executive Order 12988
This rule has been reviewed in accordance with Executive Order
12988, Civil Justice Reform. This rule would have pre-emptive effect
with respect to any state and local laws, regulations, or policies
which conflict with such provisions or otherwise impeded their full
implementation. This rule would not have retroactive effect. This rule
does not require administrative proceedings before parties may file
suit in court.
Paperwork Reduction Act
This rule involves the collection of information. FAS uses Forms
FAS-97, FAS-98, FAS-99, and FAS-100 for this collection of information.
OMB has assigned control number 0551-0007 to these forms and has
approved the current information collection activity through March 31,
1998.
Background
Section 602 of the Agricultural Trade Act of 1978, as amended,
requires the reporting of information pertaining to the export of
certain specified agricultural commodities and other agricultural
commodities that may be designated by the Secretary of Agriculture.
These reporting requirements are implemented by the Foreign
Agricultural Service. Individual reports collected under the export
sales reporting program are confidential and are only to be released in
compilation form each week following the week of reporting. Reporting
under 7 CFR part 20 is mandatory. Any person who knowingly fails to
make a report shall be fined not more than $25,000 or imprisoned for
not more that 1 year, or both. On July 23, 1996, the Department
published a proposed rule that would have required exporters of
sunflowerseeds and sunflowerseed oil to report information pursuant to
7 CFR part 20.
Comments were received from four companies involved in the export
of sunflowerseed and one trade association. All of the commentors
opposed the reporting of sunflowerseed used for confectionary purposes.
Their opposition was based on the fact that confectionary
sunflowerseeds are of a special quality. Also, contracts in the
confectionary sunflowerseed industry are typically for small amounts,
often one container (18.144 metric tons). Further, comments suggested
that the decline in export activity for the oil-type sunflowerseed
indicates that there is not a current need for export reporting for
this item.
The trade association and one exporting firm suggested that only
exports of sunflowerseed oil should be included in the reporting
requirement. The justification for this request was to insure that
adequate stocks of sunflowerseed oil are available to cover export
sales. In previous years, sunflowerseed oil export sales were publicly
announced via the Sunflower Oil Assistance Program (SOAP). However,
that program has not been implemented during the last two years, and
some other source of information was desirable.
The Department agrees with these suggestions and that the addition
of sunflowerseed oil under the mandatory reporting program will provide
more
[[Page 10412]]
complete coverage of this export industry and provide additional high-
quality up-to-date information required in making export projections.
These projections are used by private industry as well as the
government in making economic decisions concerning the orderly flow of
U.S. agricultural commodities in the domestic and export markets. On
the other hand, the relatively small volume of exports of confectionary
sunflowerseeds and sunflowerseeds for crushing does not justify the
burden on the exporters reporting their export sales and related
information.
Lists of Subjects in 7 CFR Part 20
Agricultural commodities, Exports, Reporting.
Final Rule
Accordingly, 7 CFR part 20 is amended as follows:
1. The authority citation for part 20 continues to read as follows:
Authority: 7 U.S.C. 5712.
2. Appendix 1 to 7 CFR part 20 is amended by adding the following
entry after the entry for ``Linseed oil, including raw, boilded'' under
the indicated column headings:
Appendix 1.--Commodities Subject to Reports, Units of Measure To Be Used in Reporting, and Beginning and Ending
Dates of Marketing Years
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Unit of measure to be used Beginning of marketing End of marketing
Commodity to be reported in reporting year year
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* * * * * *
*
Sunflowerseed Oil-including: crude ......do.................. Oct. 1.................... Sept. 30.
(including degummed), once
refined, sunflowerseed salad oil
(including refined and further
processed by bleaching,
deodorizing or winterizing),
hydrogenated.
* * * * * *
*
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Signed at Washington, D.C. February 24, 1997.
August Schumacher, Jr.
Administrator, Foreign Agricultural Service.
[FR Doc. 97-5095 Filed 3-6-97; 8:45 am]
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