Preliminary Regulatory Impact Analysis Sample Clauses

Preliminary Regulatory Impact Analysis. We have examined the impacts of the proposed rule under Executive Order 12866 and the Regulatory Flexibility Act (5 U.S.C. 601–612), and the Unfunded Mandates Reform Act of 1995 (Public Law 104–4). Executive Order 12866 directs agencies to assess all costs and benefits of available regulatory alternatives and, when regulation is necessary, to select regulatory approaches that maximize net benefits (including potential economic, environmental, public health and safety, and other advantages; distributive impacts; and equity). We believe that this proposed rule is not a significant regulatory action as defined by the Executive order. The Regulatory Flexibility Act requires agencies to analyze regulatory options that would minimize any significant impact of a rule on small entities. Because we do not expect this cost for any one small owner or consignee to be excessive, we certify that the proposed rule will not have a significant economic impact on a substantial number of small entities. Section 202(a) of the Unfunded Mandates Reform Act of 1995 requires that agencies prepare a written statement, which includes an assessment of anticipated costs and benefits, before proposing ‘‘any rule that includes any Federal mandate that may result in the expenditure by State, local, and tribal governments, in the aggregate, or by the private sector, of $100,000,000 or more (adjusted annually for inflation) in any one year.’’ The current threshold after adjustment for inflation is $130 million, using the most current (2007) Implicit Price Deflator for the Gross Domestic Product. We do not expect this proposed rule to result in any 1- year expenditure that would meet or exceed this amount. 1. Need for Regulation We are taking this action to assist in the enforcement of our admissibility decisions. Without a label requirement for food that has been refused admission, owners or consignees whose shipments are refused admission could simply move their shipment to another port and attempt entry again. Without labeling violative food products, the importer or consignee knows that a shipment has been refused, but personnel in the next port where the food is offered for import would not readily know that the shipment has been refused. Labeling violative food products will help reduce this problem. In addition, as discussed in section VII.A.4 of this document, this rule would help correct both of these behaviors by making the importation of violative food relatively more expensive.