[Federal Register: November 3, 2003 (Volume 68, Number 212)]
[Rules and Regulations]
[Page 62213-62215]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr03no03-2]
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DEPARTMENT OF AGRICULTURE
Office of the Secretary
7 CFR Part 20
Export Sales Reporting Requirements
AGENCY: Office of the Secretary, USDA.
ACTION: Final rule.
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SUMMARY: This final rule amends the Export Sales Reporting Regulation
to clarify certain agency interpretations relating to reporting
obligations; adopts provisions incorporating new reporting
technologies; and extends the time for submitting weekly reports. These
changes will simplify the reporting requirements and ensure the
accuracy of U.S. export sales reporting.
EFFECTIVE DATE: December 3, 2003.
[[Page 62214]]
FOR FURTHER INFORMATION CONTACT: Tim Rocke, Marketing Operations Staff,
Stop 1025, U.S. Department of Agriculture, 1400 Independence Avenue,
SW., Washington, DC 20250-1025, or telephone at (202) 720-3274, or e-mail at Tim.Rocke@fas.usda.gov.
SUPPLEMENTARY INFORMATION:
Executive Order 12372
This program is not subject to the provision of Executive Order
12372, which requires intergovernmental consultation with State or
local officials (See notice related to 7 CFR part 3015, subpart V,
published at 48 FR 29115, June 24, 1983).
Executive Order 12988
This final rule has been reviewed under Executive Order 12988. The
provisions of this final rule will have preemptive effect with respect
to any state or local laws, regulations, or policies which conflict
with such provisions or which otherwise impede their full
implementation. This final rule will not have retroactive effect.
Administrative proceedings are not required before parties may seek
judicial review.
Executive Order 12866
This final rule is issued in conformance with Executive Order
12866. It has been determined not significant by the Office of
Management and Budget (OMB).
Regulatory Flexibility Act
This final rule should not have a significant economic impact on a
substantial number of small entities. The time and expense of complying
with this final rule is negligible. Data required under the final rule
are routinely maintained during the normal course of export sales
contracting business activity and changes made by this rule should ease
any present reporting burdens. A copy of this final rule has been sent
to the Chief Counsel, Office of Advocacy, U.S. Small Business
Administration.
Paperwork Reduction Act
This final rule does not impose any new reporting or record keeping
requirements. The Department uses forms FAS-97, FAS-98, FAS-99, FAS-
100, and an electronic reporting system for the collection of
information. OMB has assigned control number 0551-0007 to these forms
and has approved current collection through July 31, 2004. Copies of
the information collection may be obtained from Kimberly Chisley, the
Agency Information Collection Coordinator, at (202) 720-2568 or e-mail at Kimberly.Chisley@fas.usda.gov.
Background
Section 602 of the Agricultural Trade Act of 1978, as amended,
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. In accordance with
Sec. 602, individual weekly reports submitted shall remain confidential
and shall be compiled and published in compilation form each week
following the week of reporting. Any person who knowingly fails to make
a report shall be fined not more than $25,000 or imprisoned for not
more than one year, or both. Regulations at 7 CFR part 20 implement the
reporting requirements, and prescribe a system for reporting
information pertaining to contracts for export sales.
Section 913(b)(1) of Public Law 106-78 requires implementation of
an electronic system for reporting export sales information regarding
beef. On October 11, 2001, the Department published a notice in the
Federal Register, 66 FR 51922, requesting comments on an electronic
reporting system that would be applicable to beef and all other
commodities subject to the export sales reporting regulations. FAS
received 15 comments, and all responses were in favor of electronic
reporting. In response to specific suggestions in the comments: FAS has
developed a function that will allow the user to view and print the
information submitted electronically; in the event of technical
difficulties, FAS will continue to accept alternative means of
submitting reports; and a user ID, password and user manual will be
mailed to each participating export firm. In addition, the user manual
will be available on the ESR Online Web site: https://ww2.fas.usda.gov/esr_rpt
.
FAS will proceed to adopt the electronic reporting system as
described in the October 11, 2001, Federal Register document.
Additionally, exporters will have the option to satisfy their export
sales reporting obligation represented by forms FAS-97, FAS-98, and
FAS-100 through e-mail submission of ASCII comma delimited files. This
may be of special significance to beef exporters that are required to
report marketing of beef to the Agricultural Marketing Service (AMS)
pursuant to 7 CFR part 59 (Livestock Mandatory Reporting).
This final rule also changes the time that weekly reports must be
received by FAS from 5 p.m. each Monday to 11:59 p.m. Monday, thereby
giving exporters more time to submit the weekly report; specifies that
information from daily reports will be made available to the public at
9 a.m. daily; and makes other non-substantive changes.
List of Subjects in 7 CFR Part 20
Agricultural commodities, Exports, Reporting and recordkeeping
requirements.
0
Accordingly, for the reasons set forth in the preamble, 7 CFR part 20
is amended as follows:
PART 20--EXPORT SALES REPORTING REQUIREMENTS
0
1. The authority citation for part 20 continues to read as follows:
Authority: 7 U.S.C. 5712.
0
2. Section 20.4 is amended by revising the first sentence of paragraph
(c), revising the last sentence of paragraph (d), and revising
paragraph (g) 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 any products thereof,
and any other agricultural commodity the Secretary may designate. * * *
(d) * * * Country of destination shall be the ultimate destination
of the export, and shall not be deemed to be the country through which
any transshipment takes place.
* * * * *
(g) Exports for exporter's own account. A transaction involving
shipments made by the reporting exporter which are unsold at the time
of export, shipments on consignment to selling agents of the reporting
exporter for subsequent sale for the account of the reporting exporter,
shipments by the reporting exporter that have not been allocated to any
outstanding export sale, and shipments from the United States to any
foreign country in bond for subsequent shipment to a third country.
* * * * *
Sec. 20.5 [Amended]
0
3. Section 20.5 is amended by removing the phrase ``and ticker'' after
``press'' in the second and third sentence.
0
4. Section 20.6 is amended by removing the third and fourth sentences
of paragraph (a) introductory text and adding five sentences in their
place, adding the word ``new'' before ``export'' in the first sentence
of each of paragraph (a)(1)(ii), (a)(2)(ii), and (a)(3)(ii), revising
the first sentence of paragraph (k)(1), and revising the first sentence
of paragraph (k)(2) to read as follows.
[[Page 62215]]
Sec. 20.6 Submission of reports.
(a) * * * If the reporting exporter determines that the report
forms cannot be received in the office specified in ``20.10 by the time
specified in paragraph (k) of this section, the exporter shall transmit
the information contained in the report forms by the use of FAX,
telephone, or electronic submission. The required form must be
subsequently submitted in accordance with Sec. 20.6(k)(2). Exporters
have the option to submit the weekly reports using an electronic
reporting system (forms 97e, 98e, and 100e) which may be accessed via a
secured Internet website. Reporting exporters should contact the Export
Sales Reporting staff to obtain passwords and access to the Internet
reporting site. Exporters also have the option of satisfying the
requirements of Forms FAS-97, FAS-98, and FAS-100 by submitting ASCII
comma delimited files via e-mail to the ESR mailbox at esr@fas.usda.gov.
* * * * *
(k) Manner and time of reporting--(1) Manner. An original of all
report forms, other than electronic forms and ASCII comma delimited
files, must be filed with the office specified in Sec. 20.10. * * *
(2) Time of filing reports. Information required to be reported
weekly (either via fax, telephone, or electronically) must be received
in the office specified in Sec. 20.10 no later than 11:59 p.m. eastern
time, on each Monday or such other time as may be approved in advance
by that office. * * *
0
5. Section 20.7 is amended by revising the third sentence of the
paragraph to read as follows:
Sec. 20.7 Confidentiality of reports.
* * * Information from daily reports filed by exporters will be
made available to the public on the following business day at 9 a.m.,
eastern time. * * *
Sec. 20.10 [Amended]
0
6. Section 20.10 is amended by adding the phrase ``FAX: (202) 690-3270
or (202) 690-3273'' after ``office''.
Signed at Washington, DC, on October 22, 2003.
A. Ellen Terpstra,
Administrator, Foreign Agricultural Service.
[FR Doc. 03-27590 Filed 10-31-03; 8:45 am]
BILLING CODE 3410-10-P