[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