[Federal Register Volume 77, Number 31 (Wednesday, February 15, 2012)]
[Rules and Regulations]
[Pages 8717-8721]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-3566]
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Rules and Regulations
Federal Register
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Federal Register / Vol. 77, No. 31 / Wednesday, February 15, 2012 /
Rules and Regulations
[[Page 8717]]
DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
7 CFR Part 1170
[Doc. AMS-DA-10-0089; DA-11-01]
RIN 0581-AD12
Dairy Product Mandatory Reporting
AGENCY: Agricultural Marketing Service, USDA.
ACTION: Final rule.
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SUMMARY: This final rule adopts changes to Agricultural Marketing
Service (AMS) regulations as required by section 273(d) of the
Agricultural Marketing Act of 1946 (the Act) as amended by the
Mandatory Price Reporting Act of 2010. The amendment to the Act
requires the Secretary of Agriculture (Secretary) to establish an
electronic reporting system for certain manufacturers of dairy products
to report sales information for a mandatory dairy product reporting
program. The amendment further states that the Secretary shall publish
the information obtained for the preceding week not later than 3 p.m.
Eastern Time on Wednesday of each week.
DATES: This rule is effective April 1, 2012.
FOR FURTHER INFORMATION CONTACT: For information relevant to this final
rule, contact Clifford M. Carman, Assistant to the Deputy
Administrator, USDA/AMS/Dairy Programs, Office of the Deputy
Administrator, STOP 0225--Room 2968, 1400 Independence Ave. SW.,
Washington, DC 20250-0225, clifford.carman@ams.usda.gov.
SUPPLEMENTARY INFORMATION: This final rule is a statutory requirement
pursuant to the Agricultural Marketing Act of 1946 [7 U.S.C. 1621-1627,
1635-1638], as amended November 22, 2000, by Public Law 106-532, 114
Stat. 2541; May 13, 2002, by Public Law 107-171, 116 Stat. 207; and
September 27, 2010, by Public Law 111-239, 124 Stat. 2502.
The proposed rule was published in the Federal Register on June 10,
2011 (76 FR 112), with comments to be submitted on or before August 9,
2011. The U.S. Department of Agriculture (USDA) has reviewed and
considered all of the comments submitted in a timely manner for this
final rule.
Background: The Dairy Product Mandatory Reporting Program, 7 CFR
part 1170, was established on August 2, 2007, on an interim final basis
(72 FR 36341). A final rule associated with implementation of the
program (73 FR 34175) became effective June 22, 2008. The National
Agricultural Statistics Service (NASS) has collected information for
the program, and the Agricultural Marketing Service (AMS) has provided
verification and enforcement functions for the program. NASS has
published sales information for cheddar cheese, butter, dry whey, and
nonfat dry milk (NFDM) on a weekly basis. NASS began publishing cheddar
cheese sales information in 1997 and butter, nonfat dry milk (NFDM),
and dry whey sales information in 1998. Information was collected on a
voluntary basis before the Dairy Product Mandatory Reporting Program
became effective. Any manufacturer that processes and markets less than
1 million pounds of the applicable dairy products per calendar year has
been exempt from these reporting requirements.
AMS is responsible for verifying the sales information submitted by
reporting entities to NASS. To verify information submitted, AMS visits
larger entities that account for 80 percent of the yearly reported
product volume, based on the previous year, of each specified dairy
product at least once annually. AMS visits one-half of entities that
account for the remaining 20 percent each year, visiting each such
entity at least once every other year. During each visit, AMS reviews
applicable sales transactions records for at least the 4 most recent
weeks. In some cases, AMS may review sales records for up to 2 years.
AMS verifies that sales transactions match the information reported to
NASS and that there have been no applicable sales transactions that
have not been reported to NASS. Noncompliance, appeals, and enforcement
procedures are administered by AMS.
The Mandatory Price Reporting Act of 2010 (Pub. L. 111-239, Sept.
27, 2010) amended section 273(d) of the Act (7 U.S.C. 1637b) to require
that the Secretary establish an electronic reporting system for
manufacturers of dairy products to report certain market information
for the mandatory dairy product reporting program. The amendment
further states that the Secretary shall publish the information
obtained under this section for the preceding week not later than 3
p.m. Eastern Time on Wednesday of each week. This final rule, in
accordance with the Act, includes regulatory changes for implementing
these provisions. This rule also transfers applicable data collection
responsibilities from NASS to AMS and includes conforming changes.
AMS requested comments on the proposed rule. AMS has reviewed all
comments received within the 60-day comment period and has considered
these comments in developing this final rule.
Executive Order 12866
This final rule has been determined not to be significant for
purposes of Executive Order 12866 and therefore has not been reviewed
by the Office of Management and Budget with respect to this Executive
Order.
Executive Order 12988 Civil Justice Reform
This final rule has been reviewed under Executive Order 12988,
Civil Justice Reform. The amendments contained in this final rule are
not intended to have a retroactive effect.
Regulatory Flexibility Act
Pursuant to requirements set forth in the Regulatory Flexibility
Act (RFA) (5 U.S.C. 601-612), AMS has considered the economic impact of
this final rule on small entities and has determined that this rule
would not have a significant economic impact on a substantial number of
small entities. The purpose of the RFA is to fit regulatory actions to
the scale of businesses subject to such actions in order that small
businesses will not be unduly or disproportionately burdened.
[[Page 8718]]
Small businesses in the dairy product manufacturing \1\ industry
have been defined by the Small Business Administration (SBA) as those
processors employing not more than 500 employees. For purposes of
determining a processor's size, if the plant is part of a larger
company operating multiple plants that collectively exceed the 500-
employee limit, the plant will be considered a large business even if
the local plant has fewer than 500 employees. According to U.S. Census
Bureau Statistics of U.S. Businesses, there were 1,583 dairy
manufacturing establishments in the United States in 2008. Of these
businesses, 1,039 establishments had fewer than 500 employees, and 544
establishments had greater than 500 employees (U.S. Census Bureau, 2008
County Business Patterns, http://www.census.gov/econ/susb/).
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\1\ North American Industry Classification System (NAICS) code
3115.
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The dairy manufacturing establishments included in U.S. Census
Bureau statistics include manufacturers of all types of dairy products.
The number of plants that produce butter, cheese, NFDM, and dry whey
with the precise specifications included in the mandatory reporting
requirements is much lower than this. Furthermore, those manufacturers
that process and market less than 1 million pounds of the applicable
dairy products annually are exempt from reporting sales data. NASS has
conducted an annual validation survey that serves to determine which
plants are required to report. In 2011, this survey included 181
plants. The annual cost for plants to complete this survey is estimated
at approximately $9 per plant. AMS will continue to conduct the
validation survey annually. For 2011 there were 94 dairy product plants
subject to mandatory reporting of sales data. There are 51 reporting
entities that report data for one or more plants. (Plant numbers and
numbers of reporting entities have been updated from the 2010 numbers
that were reported in the proposed rule.) Based upon company profile
information available on the Internet, AMS estimates that almost half
of the reporting entities are considered small businesses under the
criteria established by the SBA.
AMS estimates that the annual cost per plant for reporting sales
information for products included in the surveys will be approximately
$586. (The change from $511 shown in the proposed rule is due to
recognition of greater costs associated with plants that must report
sales information for both 40-pound blocks and 500-pound barrel cheddar
cheese.) The majority of reporting entities have already been
submitting data to NASS through a secure Web-based application. Less
than three plants have been regularly faxing their information, and it
is believed that these plants do have Internet access. Therefore, there
would be no significant start-up costs anticipated for the reporting
entities as a result of implementing this final rule.
Under the current Dairy Product Mandatory Reporting Program, dairy
manufacturers are required to maintain records for verification
purposes for a 2-year period. This final rule makes no changes to this
requirement. These records are maintained as part of the normal course
of business. Thus, there is no additional burden or cost associated
with the maintenance of these records. Therefore, in total, this final
rule will not have a significant economic impact on a substantial
number of small entities.
Paperwork Reduction Act
In accordance with the Paperwork Reduction Act (44 U.S.C. Chapter
35), reporting and recordkeeping requirements that are utilized to
collect the information required by the Act have been reviewed by the
Office of Management and Budget (OMB). OMB has assigned a reference
number of 0581-0274.
Abstract: The information collection requirements in the request
are essential to carry out the intent of the Agricultural Marketing Act
of 1946 as amended (the Act).
The Act requires each manufacturer to report to the Secretary
information concerning the price, quantity, and moisture content (where
applicable) of dairy products sold by the manufacturer. Dairy products
reported include cheddar cheese, butter, dry whey, and NFDM. Dairy
manufacturers report information for these products if the products
meet certain product specifications.
The collection and reporting of sales information, as required by
the Act, have been the responsibility of NASS. NASS has collected the
information as part of the information collection package OMB 0535-
0020. NASS has allowed manufacturers to submit information through a
secure Web-based application, by email, or by fax. Manufacturers have
been required to submit information to NASS by 12 noon on Wednesday on
all applicable sales of products during the 7 days ending 12 midnight
of the previous Saturday, local time of the plant or storage facility
where the sales are made. NASS has compiled and aggregated the
information reported by the reporting entities and has published the
information each Friday morning. When a Federal holiday has fallen on a
Tuesday or Wednesday, NASS has contacted manufacturers via email or
phone concerning the applicable report deadline.
Manufacturers that process and market less than 1 million pounds of
applicable dairy products annually are exempt from reporting
requirements. Each year, dairy manufacturers have completed an Annual
Validation Worksheet for NASS to determine which dairy manufacturers
are exempt and to ascertain if valid information has been supplied.
The Mandatory Price Reporting Act of 2010 amended subsection
273(d), of the Act, requiring the Secretary to establish an electronic
reporting system to collect certain information. Using this reporting
system, AMS will publish, not later than 3 p.m. Eastern Time on
Wednesday of each week, a report containing the preceding week's
information. The information collection and reporting requirements have
been the responsibility of NASS. Under this final rule, AMS will assume
this responsibility. NASS will no longer collect price, quantity, or
moisture content (where applicable) information for cheddar cheese,
butter, NFDM, or dry whey, and NASS will no longer collect the
associated annual validation information. The forms associated with
this data collection will be removed from NASS collection package, OMB
0535-0020, and will be replaced by forms in AMS collection package, OMB
0581-0274.
Every effort has been made to minimize any unnecessary
recordkeeping costs or requirements. The electronic submission forms
will require the minimum information necessary to carry out the
requirements of the program effectively, and their use is necessary to
fulfill the intent of the Act. It is expected that no outside technical
expertise will be needed. The forms are simple, easy to understand, and
place as small a burden as possible on respondents.
To assist the industry in achieving compliance, educational and
outreach sessions will be held prior to implementation. AMS will assist
reporting entities in understanding requirements for submitting data
through electronic means. In addition, AMS will beta test the
electronic-submission technology before implementation, and all
entities required to report will be encouraged to participate in the
beta-testing program. Any feedback received during this
[[Page 8719]]
outreach and testing period will be used to correct technical problems.
Collecting the information will coincide with normal industry
business practices. The timing and frequency of collecting information
are intended to meet the needs of the program while minimizing the
amount of work necessary to submit the required reports. The
information to be collected by AMS is almost identical to the
information that has been collected by NASS. While NASS has required
either the total sales dollars or the dollars per pound in addition to
the total pounds of products sold to be reported, AMS will require both
the total sales dollars and the dollars per pound to be reported along
with the total pounds of products sold in order to provide an
additional validation check. NASS has permitted manufacturers to submit
information through a secure web-based application, by email, or by
fax. This final rule, however, requires manufacturers to submit
information only by electronic means specified by AMS. AMS has
specified that each manufacturer submit the information using a secure
Internet connection that includes a user name and password. The
requirement that reporting entities submit information electronically
is in accordance with the Act.
The frequency of data collection will not change. Reporting
entities have been required to report information to NASS on a weekly
basis by 12 noon local time on Wednesday. This final rule requires
reporting entities to report information to AMS on a weekly basis by 12
noon, local time of the reporting entities, on Tuesday. This change is
necessary to allow AMS personnel time to review and compile data and to
publish the information by 3 p.m. Eastern Time on Wednesday as required
by the Act. If a Federal holiday falls on Monday through Wednesday of a
particular week, the due date for report submission may be adjusted.
Prior to the beginning of each calendar year, AMS shall inform
reporting entities of the times and dates that reports are due.
The first date reporting entities shall provide information to AMS
will be Tuesday, April 3, 2012, of sales data for the week ending
Saturday, March 31, 2012. The first publication by AMS will be on
Wednesday, April 4, 2012, by 3 p.m. Eastern Time. The last publication
by NASS will be on March 30, 2012, of sales data through the week
ending March 24, 2012.
Information collection requirements included in this final rule are
listed below. There have been minor changes to the number of
respondents compared to the proposed rule due to updated information
and the separation of cheddar cheese surveys into two types: blocks and
barrels.
(1) Dairy Products Sales, Cheddar Cheese, 40-Pound Blocks
Estimate of Burden: Public reporting burden for this collection of
information is estimated to average 20 minutes per week for each report
submitted.
Respondents: Cheddar cheese manufacturers of 40-pound blocks. Each
reporting entity may report for a single cheddar cheese plant or it may
report for more than one cheddar cheese plant, depending upon how the
business is structured.
Estimated Number of Respondents: 18.
Estimated Total Annual Burden on Respondents: 312 hours.
(2) Dairy Products Sales, Cheddar Cheese, 500-Pound Barrels
Estimate of Burden: Public reporting burden for this collection of
information is estimated to average 20 minutes per week for each report
submitted.
Respondents: Cheddar cheese manufacturers of 500-pound barrels.
Each reporting entity may report for a single cheddar cheese plant or
it may report for more than one cheddar cheese plant, depending upon
how the business is structured.
Estimated Number of Respondents: 14.
Estimated Total Annual Burden on Respondents: 243 hours.
(3) Dairy Products Sales, Butter
Estimate of Burden: Public reporting burden for this collection of
information is estimated to average 20 minutes per week for each report
submitted.
Respondents: Butter manufacturers. Each reporting entity may report
for a single butter plant or it may report for more than one butter
plant, depending upon how the business is structured.
Estimated Number of Respondents: 19.
Estimated Total Annual Burden on Respondents: 329 hours.
(4) Dairy Products Sales, Nonfat Dry Milk
Estimate of Burden: Public reporting burden for this collection of
information is estimated to average 20 minutes per week for each report
submitted.
Respondents: NFDM manufacturers. Each reporting entity may report
for a single NFDM plant or it may report for more than one NFDM plant,
depending upon how the business is structured.
Estimated Number of Respondents: 28.
Estimated Total Annual Burden on Respondents: 485 hours.
(5) Dairy Products Sales, Dry Whey
Estimate of Burden: Public reporting burden for this collection of
information is estimated to average 20 minutes per week for each report
submitted.
Respondents: Dry whey manufacturers. Each reporting entity may
report for a single dry whey plant or it may report for more than one
dry whey plant, depending upon how the business is structured.
Estimated Number of Respondents: 20.
Estimated Total Annual Burden on Respondents: 347 hours.
(6) Annual Validation Survey
Estimate of Burden: Public reporting burden for this collection of
information is estimated to average 20 minutes per year for each report
submitted.
Respondents: Dairy manufacturers. Each reporting entity may report
for a single plant or it may report for more than one plant, depending
upon how the business is structured.
Estimated Number of Respondents: 181.
Estimated Total Annual Burden on Respondents: 60 hours.
(7) Survey Follow-Up, Verification
Estimate of Burden: Public reporting burden for this collection of
information is estimated to average 5 minutes for each contact from
AMS.
Respondents: Dairy manufacturers. Each reporting entity may report
for a single plant or it may report for more than one plant, depending
upon how the business is structured.
Estimated Number of Respondents: 7 per week.
Estimated Total Annual Burden on Respondents: 30 hours.
Copies of this information collection and related instructions can
be obtained without charge from Clifford M. Carman, Assistant to the
Deputy Administrator, Dairy Programs, AMS, USDA,
clifford.carman@ams.usda.gov, phone: (202) 690-2998.
Except as otherwise directed by the Secretary of Agriculture or the
U.S. Attorney General for enforcement purposes, no officer, employee,
or agent of the United States shall provide the public any information,
statistics, or documents obtained from or submitted by any person under
the Act that does not ensure preservation of confidentiality regarding
the identity of persons, including parties to contracts and proprietary
business information. All report forms include a statement that
individual reports are kept confidential.
With respect to the application of the Privacy Act of 1974 (5
U.S.C. 552a) to
[[Page 8720]]
the maintenance of records required by the Act, the Dairy Products
Sales survey population consists of dairy product manufacturers. Data
collected by this survey relates to manufacturers' operations and
transactions and not to those of individuals. Records maintained at
business sites for verification of information that would be reported
to AMS include contracts, agreements, receipts, and other materials
related to sales of specific dairy products. No records about
individuals would be maintained by AMS for this survey, and AMS
believes that none would be part of these maintained business papers.
Discussion of Comments
The proposed rule solicited comments to be submitted to USDA on or
before August 9, 2011. During this 60-day comment period, seven comment
submissions were received: Three from dairy cooperative associations,
two from cooperative federations, one from a dairy producer
association, and one from a dairy manufacturer/processor trade
association. Six of the commenters expressed overall support for the
mandatory electronic reporting system and one commenter specifically
expressed support for AMS to beta test the electronic submission
technology.
Two commenters asked that AMS initiate a second rule and comment
period so that the industry can address issues on product
specifications, data collection, and publication. AMS will consider
soliciting public comments through the Federal Register on related
issues for mandatory reporting, such as product specifications.
One commenter stated that, although the Mandatory Price Reporting
Act of 2010 sets timing for mandatory electronic reporting, they
believe congressional authority exists for daily reporting, citing that
the 2008 Farm Bill authorizes ``more frequent reporting.'' AMS
considered this comment, however, the Act does not permit a requirement
for reporting entities to report at any frequency other than weekly.
Paragraph (b)(2)(C) of section 273 of the Act provides a condition that
``the frequency of the required reporting * * * does not exceed the
frequency used to establish minimum prices for Class III or Class IV
milk under a Federal milk marketing order.'' The Federal milk marketing
orders establish minimum prices for Class III and Class IV milk based
upon weekly dairy products prices reported (7 CFR 1000.50). Although
the 2008 Farm Bill amended subsection (d) of section 273 of the Act to
require more frequent reporting, subject to the availability of funds,
the Mandatory Price Reporting Act of 2010 further amended the Act,
deleting the requirement for more frequent reporting. One reporting
entity specifically opposed any reporting period that is more frequent
than weekly, citing time needed to receive warehouse bills of lading
and preparation time for reporting information.
Three commenters expressed concern about the proposed change to
move the weekly manufacturers' submission of reports from Wednesday 12
noon local time to Tuesday 12 noon local time, stating that this change
would result in increased regulatory costs and increased revisions. AMS
acknowledges that the change in reporting date by one day may cause
manufacturers to change their methods of data collection and reporting,
adding some additional reporting burden. However, AMS must publish
sales reports by 3 p.m. Eastern Time on Wednesday whereas NASS has
published sales reports on Friday morning. USDA, therefore, must change
the weekly reporting day in order to complete validation checks and
data analysis before weekly publication.
Three commenters had concerns about increased burdens and revisions
for weeks that include an intervening holiday. AMS plans to allow
reporting later in the week than Tuesday at noon when holidays
intervene with reporting dates. USDA will provide the public an annual
reporting schedule prior to the beginning of each calendar year.
One commenter requested that reporting flexibility be extended to
accommodate situations that arise outside the control of the reporting
facility. Barring any unforeseen circumstances which would make timely
reporting impossible (such as an extreme natural disaster), AMS plans
to hold the Tuesday noon submission deadline steadfast each week (other
than a week with an intervening holiday). This will facilitate AMS in
fulfilling its obligation to report by Wednesday at 3 p.m. Eastern Time
each week (other than a week with an intervening holiday).
One commenter asked for guidance on how revisions would be
submitted with the new electronic reporting system. Although revision
procedures are not specifically spelled out in this rule, AMS will
provide instructions for reporting requirements, including reporting of
revisions, to all parties that must report. These instructions will be
available to respondents during the reporting process. In addition, the
procedures will be covered in educational and outreach sessions that
will be provided to respondents prior to implementation of the
amendments.
One commenter encouraged AMS to provide weekly notices to dairy
manufacturers reminding them of the reporting deadlines for the
following week. AMS does not plan to send weekly reminders concerning
the due dates of reports. This final rule states that a schedule shall
be provided to reporting entities prior to the beginning of each
calendar year; AMS plans to post the scheduled reporting due dates on
the Internet. This does not preclude AMS from providing other reminders
to reporting entities throughout the year, such as for weeks with
upcoming holidays.
Two commenters requested that reporting requirements be expanded
beyond the current four commodities: Cheddar cheese, butter, nonfat dry
milk, and dry whey. One commenter asked for reporting requirements to
include yogurt, sour cream, cottage cheese, and other types of cheeses
with a large sales volume. Another commenter asked that other products
be added to the reporting list, including mozzarella (low or high
moisture), Monterey Jack, Grade A Swiss, skim milk powder, buttermilk
powder, whole milk powder, whey protein concentrate, and soft products
or spot cream. The Act does not permit expanding the list of mandatory
reported commodities beyond the four products historically reported.
Paragraph (b)(2) of section 273 of the Act provides a condition that
``the information * * * is required only to the extent that the
information is actually used to establish minimum prices for Class III
or Class IV milk under a Federal milk marketing order.'' The Federal
milk marketing orders establish minimum prices for Class III and Class
IV milk based upon prices reported for butter, cheddar cheese, nonfat
dry milk, and dry whey (7 CFR 1000.50).
One of the commenters requested that AMS expand the required
reporting plants by reducing the 1 million pounds per year threshold to
500,000 pounds per year production or sales. Paragraph (b)(2)(D) of
section 273 of the Act states, ``the Secretary may exempt from all
reporting requirements any manufacturer that processes and markets less
than 1,000,000 pounds of dairy products per year.'' The Act does not
permit AMS to establish a reporting exemption threshold for
manufacturers at any level other than 1 million pounds of dairy
products processed and marketed per year.
One commenter asked that cheese committed for sale, but not yet
sold (delivered), be designated as such for
[[Page 8721]]
mandatory storage reporting. Mandatory dairy product storage reporting
is the responsibility of NASS, and this final rule makes no changes
with respect to mandatory storage reporting.
AMS has made one change in this final rule from the proposed rule.
The reporting requirements in Sec. 1170.7(a) have been modified to
indicate that reporting entities must report both the total sales
dollars and dollars per pound for the applicable products. NASS has
required either the total sales dollars or dollars per pound for the
applicable products to be reported, and the proposed rule would have
continued this requirement without change. However, the requirement to
report both the total sales dollars and dollars per pound will provide
AMS with a validation check to insure that, in each instance, the total
sales dollars reported equals the dollars per pound times the reported
quantity. Since this is a de minimus change in reporting burden, it has
no effect on the estimated reporting burden for each survey.
List of Subjects in 7 CFR Part 1170
Dairy products, Reporting and recordkeeping requirements, Cheese,
Butter, Dry whey, Nonfat dry milk.
Accordingly, 7 CFR part 1170 is amended as follows:
PART 1170--DAIRY PRODUCT MANDATORY REPORTING
0
1. The authority citation for part 1170 is revised to read as follows:
Authority: 7 U.S.C. 1637-1637b, as amended by Pub. L. 106-532,
114 Stat. 2541; Pub. L. 107-171, 116 Stat. 207; and Pub. L. 111-239,
124 Stat. 2501.
0
2. Revise Sec. 1170.2 to read as follows:
Sec. 1170.2 Act.
Act means the Agricultural Marketing Act of 1946, 7 U.S.C. 1621 et
seq., as amended by the Dairy Market Enhancement Act of 2000, Pub. L.
106-532, 114 Stat. 2541; the Farm Security and Rural Investment Act of
2002, Pub. L. 107-171, 116 Stat. 207; and the Mandatory Price Reporting
Act of 2010, Pub. L. 111-239, 124 Stat. 2501.
0
3. Revise Sec. 1170.7 to read as follows:
Sec. 1170.7 Reporting requirements.
(a) All dairy product manufacturers, with the exception of those
who are exempt as described in Sec. 1170.9, shall submit a report
weekly to the Agricultural Marketing Service (AMS) by Tuesday, 12 noon
local time of reporting entities, on all products sold as specified in
Sec. 1170.8 during the 7 days ending 12 midnight of the previous
Saturday, local time of the plant or storage facility where the sales
are made. If a Federal holiday falls on Monday through Wednesday of a
particular week, the due date for report submission may be adjusted.
Prior to the beginning of each calendar year, AMS shall release, to
manufacturers that are required to report, the times and dates that
reports are due. For the applicable products, the report shall be
submitted by electronic means specified by AMS and shall indicate the
name, address, plant location(s), quantities sold, total sales dollars,
dollars per pound, and the moisture content where applicable. Each sale
shall be reported for the time period when the transaction is
completed, i.e. the product is ``shipped out'' and title transfer
occurs. Each sale shall be reported either f.o.b. plant if the product
is ``shipped out'' from the plant or f.o.b. storage facility location
if the product is ``shipped out'' from a storage facility. In
calculating the total dollars received and dollars per pound, the
reporting entity shall neither add transportation charges incurred at
the time the product is ``shipped out'' or after the product is
``shipped out'' nor deduct transportation charges incurred before the
product is ``shipped out.'' In calculating the total dollars received
and dollars per pound, the reporting entity shall not deduct brokerage
fees or clearing charges paid by the manufacturer.
(b) Manufacturers or other persons storing dairy products are
required to report, on a monthly basis, stocks of dairy products (as
defined in Sec. 1170.4) on hand, on the appropriate forms supplied by
the National Agricultural Statistic Service. The report shall indicate
the name, address, and stocks on hand at the end of the month for each
storage location.
0
4. Revise Sec. 1170.8 (a)(3)(ii) to read as follows:
Sec. 1170.8 Price reporting specifications.
* * * * *
(a) * * *
(3) * * *
(ii) 500-pound barrels: Report weighted average moisture content of
cheese sold. AMS will adjust price to a benchmark of 38.0 percent based
on standard moisture adjustment formulas. Exclude cheese with moisture
content exceeding 37.7 percent.
* * * * *
0
5. Add Sec. 1170.17 to read as follows:
Sec. 1170.17 Publication of statistical information.
Not later than 3 p.m. Eastern Time on the Wednesday of each week,
AMS shall publish aggregated information obtained from manufacturers or
other persons of all products sold as specified in Sec. 1170.8. If a
Federal holiday falls on Monday through Wednesday of a particular week,
the due date for report publication may be adjusted. The public shall
be notified of report times prior to the beginning of the calendar
year.
Dated: February 9, 2012.
Robert C. Keeney,
Acting Administrator, Agricultural Marketing Service.
[FR Doc. 2012-3566 Filed 2-14-12; 8:45 am]
BILLING CODE 3410-02-P