Importation of Fresh Beef From Paraguay, 18077-18086 [2023-05889]
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Federal Register / Vol. 88, No. 58 / Monday, March 27, 2023 / Proposed Rules
(1) How spot prices are estimated are
not expected to be impacted by this
action;
(2) Business practices of the U.S.
cotton industry are not expected to
change as a result of this action;
(3) Costs associated with providing
market news services will not be
significantly changed by this action;
(4) Market news services are paid for
by appropriated funds; therefore, users
are not charged fees for the provision of
the services.
West Texas, Kansas, and Oklahoma
All counties in Kansas and Oklahoma,
all Texas counties not included in the
East Texas, South Texas, and Desert
Southwest Markets and the New Mexico
counties of Union, Quay, Curry,
Roosevelt, and Lea.
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■ 3. In § 27.94, paragraph (a) is revised
to read as follows:
§ 27.94 Spot markets for contract
settlement purposes.
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In compliance with OMB regulations
(5 CFR part 1320), which implement the
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List of Subjects in 7 CFR Part 27
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(a) For cotton delivered in settlement
of any No. 2 contract on the
Intercontinental Exchange (ICE);
Southeastern; North and South Delta;
East Texas and South Texas; West
Texas, Kansas, and Oklahoma; and
Desert Southwest.
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Melissa Bailey,
Associate Administrator, Agricultural
Marketing Service.
[FR Doc. 2023–06231 Filed 3–24–23; 8:45 am]
BILLING CODE P
DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection
Service
9 CFR Part 94
[Docket No. APHIS–2018–0007]
Commodity futures, Cotton.
RIN 0579–AE73
For the reasons set forth in the
preamble, the Agricultural Marketing
Service proposes to amend 7 CFR part
27 as follows:
Importation of Fresh Beef From
Paraguay
Animal and Plant Health
Inspection Service, USDA.
ACTION: Proposed rule.
AGENCY:
PART 27—COTTON CLASSIFICATION
UNDER COTTON FUTURES
LEGISLATION
We are proposing to amend
the regulations governing the
importation of certain animals, meat,
and other animal products by allowing,
under certain conditions, the
importation of fresh (chilled or frozen)
beef from Paraguay. Based on the
evidence from a risk analysis, we have
determined that fresh beef can safely be
imported from Paraguay, provided
certain conditions are met. This action
would provide for the importation of
fresh beef from Paraguay into the United
States while continuing to protect the
United States against the introduction of
foot-and-mouth disease.
DATES: We will consider all comments
that we receive on or before May 26,
2023.
SUMMARY:
1. The authority citation for 7 CFR
part 27 continues to read as follows:
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Authority: 7 U.S.C. 15b, 7 U.S.C. 473b, 7
U.S.C. 1622(g).
2. In § 27.93, the definitions of the
‘‘East Texas and Oklahoma,’’ and ‘‘West
Texas’’ markets are revised to read as
follows:
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§ 27.93
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Bona fide spot markets.
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East Texas and South Texas
Texas counties east of and including
Montague, Wise, Parker, Erath,
Comanche, Mills, San Saba, Mason,
Sutton, Edwards, Kinney, Maverick,
Webb, Zapata, Star and Hidalgo
counties.
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You may submit comments
by either of the following methods:
ADDRESSES:
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18077
• Federal eRulemaking Portal: Go to
www.regulations.gov. Enter APHIS–
2018–0007 in the Search Field. Select
the Documents tab, then select the
Comment button in the list of
documents.
• Postal Mail/Commercial Delivery:
Send your comment to Docket No.
APHIS–2018–0007, Regulatory Analysis
and Development, PPD, APHIS, Station
3A–03.8, 4700 River Road, Unit 118,
Riverdale, MD 20737–1238.
Supporting documents and any
comments we receive on this docket
may be viewed at www.regulations.gov
or in our reading room, which is located
in room 1620 of the USDA South
Building, 14th Street and Independence
Avenue SW, Washington, DC. Normal
reading room hours are 8 a.m. to 4:30
p.m., Monday through Friday, except
holidays. To be sure someone is there to
help you, please call (202) 799–7039
before coming.
FOR FURTHER INFORMATION CONTACT: Dr.
Ingrid Kotowski, Import Risk Analyst,
Regionalization Evaluation Services, VS,
APHIS, 920 Main Campus Drive, Suite
200, Raleigh, NC 27606; (919) 855–7732;
email: AskRegionalization@usda.gov.
SUPPLEMENTARY INFORMATION:
Background
The regulations in 9 CFR part 94
(referred to below as the regulations)
prohibit or restrict the importation of
certain animals and animal products
into the United States to prevent the
introduction of various animal diseases,
including foot-and-mouth disease
(FMD), African swine fever, classical
swine fever, and swine vesicular
disease. These are dangerous and
destructive communicable diseases of
ruminants and swine. Under most
circumstances, § 94.1 of the regulations
prohibits the importation of live
ruminants and swine and fresh (chilled
or frozen) meat derived from ruminants
and swine originating in, or transiting
through, a region where FMD exists.
Section 94.11 restricts the importation
of ruminants and swine and their meat
and certain other products from regions
that are declared free of FMD but that
nonetheless present a disease risk
because of the regions’ proximity to or
trading relationships with regions
affected with FMD. Regions that the
Animal and Plant Health Inspection
Service (APHIS) has declared free of
FMD and regions declared free of FMD
that are subject to the restrictions in
§ 94.11 are listed on the APHIS website
at https://www.aphis.usda.gov/import_
export/animals/animal_disease_
status.shtml.
The regulations do allow for certain
exceptions to the prohibitions contained
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in § 94.1. These exceptions include
allowing the importation of fresh
(chilled or frozen) beef and ovine meat
from Uruguay and fresh beef from
certain regions of Argentina and a
region of Brazil, subject to certain
conditions. While there have been FMD
outbreaks in the past in those regions,
the disease is not currently known to
exist in any of them. We do not
recognize those exporting regions as
FMD-free, however, because the
Argentine, Brazilian, and Uruguayan
governments all require that cattle be
vaccinated for FMD.1 The conditions for
the importation of beef and ovine meat
from Uruguay and beef from the
exporting regions of Argentina and
Brazil are set out in § 94.29 of the
regulations and include the following:
• The meat is derived from animals
born, raised, and slaughtered in the
exporting region.
• FMD has not been diagnosed in the
exporting region within the previous 12
months.
• The meat comes from bovines or
sheep that originated from premises
where FMD has not been present during
the lifetime of any bovines and sheep
slaughtered for the export of meat to the
United States.
• The meat comes from bovines or
sheep that were moved directly from the
premises of origin to the slaughtering
establishment without any contact with
other animals.
• The meat comes from bovines or
sheep that received ante-mortem and
post-mortem veterinary inspections,
paying particular attention to the head
and feet, at the slaughtering
establishment, with no evidence found
of vesicular disease.
• The meat consists only of bovine
parts or ovine parts that are, by standard
practice, part of the animal’s carcass
that is placed in a chiller for maturation
after slaughter and before removal of
any bone, blood clots, or lymphoid
tissue. The bovine and ovine parts that
may not be imported include all parts of
the head, feet, hump, hooves, and
internal organs.
1 The position of the United States is that a
country that vaccinates for FMD is not free of the
disease. Vaccination of cattle against FMD
introduces risks related to the immunological
response within the vaccinated herd. While a large
percentage of individual animals in the herd may
fully respond to FMD vaccination, some individual
animals in the herd may have a limited response,
resulting in partial or no immunity. Therefore, socalled herd immunity may not always reflect
individual animal immunity, and the disease may
still be present in certain animals in a vaccinated
population. As a result, importation of beef from
areas in which cattle are vaccinated for FMD could
result in importation of beef derived from infected
animals.
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• All bone and visually identifiable
blood clots and lymphoid tissue have
been removed from the meat to be
exported (bone-in ovine meat from
Uruguay may be imported under certain
conditions listed in the regulations,
however).
• The meat has not been in contact
with meat from regions other than those
listed in accordance with § 94.1(a).
• The meat came from carcasses that
were allowed to maturate at 40 to 50 °F
(4 to 10 °C) for a minimum of 24 hours
after slaughter and that reached a pH
below 6.0 in the loin muscle at the end
of the maturation period. Measurements
for pH must be taken at the middle of
both longissimus dorsi muscles. Any
carcass in which the pH does not reach
less than 6.0 may be allowed to
maturate an additional 24 hours and be
retested, and, if the carcass still has not
reached a pH of less than 6.0 after 48
hours, the meat from the carcass may
not be exported to the United States.
• An authorized veterinary official of
the government of the exporting region
certifies on the foreign meat inspection
certificate that the above conditions
have been met.
• The establishment in which the
bovines and sheep are slaughtered
allows periodic on-site evaluation and
subsequent inspection of its facilities,
records, and operations by an APHIS
representative.
Historically, trade in fresh (chilled or
frozen) beef from Paraguay has not been
allowed because APHIS has considered
Paraguay to be a country affected with
FMD. In response to a request from the
Government of Paraguay that we allow
fresh (chilled or frozen) beef to be
imported into the United States from
that country, we conducted a risk
analysis, which can be viewed on the
internet on the Regulations.gov website
or in our reading room.2 APHIS
gathered data to support this analysis
from records of the Servicio Nacional de
Calidad y Salud Animal (SENACSA),
from publicly available information, and
from published scientific literature. In
addition, APHIS conducted site visits to
Paraguay in December 2008 and July
2014 to verify the information submitted
by SENACSA and to collect additional
data.
We concluded that the overall risk
associated with importing fresh beef
from Paraguay is low and that Paraguay
has the infrastructure and emergency
2 Instructions on accessing Regulations.gov and
information on the location and hours of the
reading room may be found at the beginning of this
document under ADDRESSES. You may also request
paper copies of the risk analysis by calling or
writing the person listed under FOR FURTHER
INFORMATION CONTACT.
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response capabilities needed to
effectively report, contain, and eradicate
FMD in the event of an outbreak and to
do so in a timely manner. We further
concluded that Paraguay is able to
comply with U.S. import restrictions on
the specific products from affected
areas. Based on the evidence
documented in our risk analysis, we
believe that fresh (chilled or frozen) beef
can be safely imported from Paraguay,
provided certain conditions are met.
Accordingly, we are proposing to amend
the regulations in § 94.29 to provide for
the importation of fresh beef from
Paraguay. Under this proposed rule,
fresh beef from Paraguay would be
subject to the same import conditions
applicable to fresh beef and ovine meat
from Uruguay (other than bone-in ovine
meat imported under § 94.29(g)(1)
through (3)) and fresh beef from the
exporting regions of Argentina and
Brazil.
Risk Analysis
Our risk analysis was conducted
according to the eight factors identified
in 9 CFR 92.2, ‘‘Application for
recognition of the animal health status
of a region or a compartment’’: The
scope of the evaluation being requested,
veterinary control and oversight, disease
history and vaccination practices,
livestock demographics and traceability,
epidemiological separation from
potential sources of infection,
surveillance, diagnostic laboratory
capabilities, and emergency
preparedness and response. A summary
evaluation of each factor is discussed
below. Based on our analysis of these
factors, we have determined that fresh
(chilled or frozen) beef can be safely
imported into the United States from
Paraguay, under the conditions
specified in § 94.29.
Scope of the Evaluation Being
Requested
In addition to reviewing records
submitted by SENACSA, publicly
available information, and published
scientific literature, APHIS conducted
site visits in December 2008 and July
2014 to verify the information we
reviewed and to collect additional data.
The site visits focused on the veterinary
and legal infrastructure of SENACSA, its
FMD control program, border control
procedures, disease control measures,
laboratory and diagnostic capabilities,
biosecurity procedures on cattle farms
and in slaughter facilities, animal health
recordkeeping systems, movement
controls, and disease surveillance
systems. The 2014 visit included an
evaluation of FMD outbreaks that
occurred in 2011 and 2012 and the
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effectiveness of SENACSA’s response to
the outbreaks.
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Veterinary Control and Oversight
Based on our analysis of the data
submitted by SENACSA and
observations made during our site visits
to Paraguay, we concluded that the
competent veterinary authority of
Paraguay is well-organized and has the
legal authority and technical
infrastructure in place to carry out
official control, eradication, and
quarantine activities at the central,
regional, and local levels. SENACSA is
also an active collaborator with
neighboring countries in diseaseeradication efforts.
SENACSA has a system of official
veterinarians and support staff in place
for carrying out FMD field programs and
for import controls and animal
quarantines. It also has a training
program for animal health professionals,
frequently in collaboration with the
veterinary medical faculty of the
National University. The overall
structure and resources of SENACSA
have significantly increased and been
strengthened in reaction to the FMD
outbreak in 2012. Following feedback
from the World Organization for Animal
Health (WOAH) and the European
Union (EU), SENACSA is also hiring
new personnel to expand its workforce.
A very strong partnership exists
between the competent authority and
the livestock industry. A large
proportion of SENACSA’s funding
comes from the private sector in the
form of user fees paid by stakeholders
associated with sales of animals or
movement permits. While this funding
method allows SENACSA to operate
autonomously and with little political
interference, it also makes SENACSA’s
budget dependent on user fees.
SENACSA is addressing the issue and
has increased its operational budget to
U.S. $36 million. Although the
contribution of the treasury department
compared to that of the private sector is
small, APHIS found no evidence
suggesting that resources from the
private sector could change in the future
or that available resources for FMD
control programs would be reduced.
Disease History and Vaccination
Practices
APHIS observed that SENACSA has
an established program for the control
and prevention of FMD which includes
a well-organized vaccination strategy.
The vaccine used in Paraguay has been
assessed by international FMD reference
laboratories to be appropriate for the
strains that have been found in the
region in the last 15 years.
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Serosurveillance has demonstrated
adequate levels of immunity in cattle
previously immunized.
Following the 2011/2012 FMD
outbreak, SENACSA instituted changes
to its vaccination program. Audits of
vaccinators and the vaccine cold chain
were conducted. Vaccination cycles
were increased from two to three
annually. The training provided by
SENACSA and industry-based Animal
Health Commissions (AHC) prior to
each vaccination cycle also appears to
have increased the level of awareness of
good vaccination practices among AHC
vaccinators.
Livestock Demographics and
Traceability
Paraguay’s animal identification
system is similar to, and meets the
requirements of, the EU and Chilean
markets, both of which have stringent
traceability requirements. Paraguay has
two traceability systems: A mandatory
system under SENACSA and an
industry-based, voluntary program
called the System for the Identification
and Traceability of Rural Holdings in
Paraguay (SITRAP). Under SITRAP,
there have been initiatives undertaken
to facilitate and enhance traceability at
slaughter.
Movement controls were well
organized and coordinated. Internal
control posts visited were wellequipped with access to
telecommunications and information
technology systems. Staff at these
control posts were well aware of
movement requirements and followed
established procedures related to
movement control. The staff had an
organized and consistent way of
assessing each animal transport and
movement. Records at the control posts
were well organized, and manuals of
procedures were readily available.
We concluded that Paraguay has a
sound system for animal identification
and traceability, premises registration,
and animal movement controls. The
system is adequate to provide assurance
that the U.S. import requirements for
animals to be born, raised, and
slaughtered in Paraguay can be met.
Epidemiological Separation From
Potential Sources of Infection
Many natural barriers, such as large
rivers and forest areas, exist along
Paraguay’s international and internal
borders. These barriers restrict both
animal movement and human traffic
and prevent the spread of disease.
Movement of FMD-susceptible
species or products into Paraguay could
occur through international borders
where sufficient physical barriers do not
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exist, e.g., along some areas bordering
Brazil and Argentina. However, the
international borders are actively
monitored, and Paraguay collaborates
effectively with neighboring countries to
minimize the risk of introduction of
FMD. Border control agreements
between Paraguay and its neighbors
have been in place since the 1970s, and
efforts continue to strengthen and
harmonize border activities. Sufficient
controls exist at the airports for
interdiction of prohibited material and
for prevention of the recycling of
confiscated products and international
waste.
With the exception of Chile, APHIS
does not consider the countries of South
America to be free of FMD. Coordinated
regional FMD control efforts have been
effective in decreasing the incidence of
FMD and limiting it to certain regions,
however. Based on the history of the
disease on the continent, Paraguay’s
veterinary infrastructure, and
SENASCA’S prompt response to the
outbreaks in Argentina (2006), Brazil
(2005–2006), and Bolivia (2007), APHIS
concluded that it is unlikely that disease
would be introduced from adjacent
areas. However, at the time the risk
analysis was prepared, Colombia had
just eradicated an FMD outbreak. As
long as FMD is endemic in certain areas
in South America, there is a potential
risk of reintroduction of the disease into
the export area.
Surveillance Practices
Our evaluation led us to conclude that
Paraguay has a good epidemiological
surveillance system. The surveillance
activities conducted and the use of
sound statistical methodologies increase
the likelihood of detection of FMD if it
exists in the population.
Paraguay’s surveillance system
combines both active surveillance and
passive surveillance. Active
surveillance consists of annual
seroepidemiological sampling at the
national level to verify the absence of
circulating FMD virus. The active
surveillance strategy is updated based
on the surveillance objectives for the
year. Extensive serological surveys were
also conducted following FMD
outbreaks 2003 and 2011/2012 to ensure
the absence of circulating FMD virus.
Passive surveillance is based on the
notification of vesicular disease by
producers who are required by law to
report any suspect cases to their Local
Veterinary Unit, which must then
respond within 12 hours of notification.
Indemnification is predicated on this
notification by the producer. Paraguay’s
passive surveillance efforts are
enhanced by the extensive awareness of
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the clinical signs of FMD among the
animal health field staff and within the
industry, as well as the mandatory
reporting requirement for suspect cases
of vesicular diseases. SENACSA,
producers, and the AHCs in particular
all have a role in passive surveillance
efforts.
Additional surveillance comes from
herd immunity studies, which are
conducted frequently. Enhanced
epidemiological surveillance occurs in
High Surveillance Zones, which were
established by Paraguay in coordination
with neighboring countries.
SENACSA has a manual of
procedures that provides the field
veterinarians with guidelines for sample
collection, animal identification, aging
by dentition, communications, and
measures to be taken in case of reactors
or suspect cases. The manual ensures
consistency in surveillance activities
and responses to suspects among field
offices.
Diagnostic Laboratory Capabilities
The Directorate General for
Laboratories (DIGELAB) is the official
laboratory in Paraguay and is located in
the SENACSA headquarters.
Responsibilities include the diagnosis of
SENACSA’s program diseases such as
FMD, bovine spongiform
encephalopathy, tuberculosis,
brucellosis, classical swine fever, and
Newcastle disease. DIGELAB’s FMD
laboratory is the only laboratory in
Paraguay authorized to conduct
diagnostic testing for vesicular diseases,
including FMD. Relative to the FMD
program, DIGELAB’s Vesicular Diseases
Department is responsible for
conducting FMD diagnostic testing of
animals as required under SENACSA’s
active and passive surveillance strategy,
including surveillance sampling at fairs
and shows, as well as testing of animals
for import or export.
APHIS concluded that Paraguay has
the diagnostic capabilities to adequately
test samples for the presence of FMD
virus. DIGELAB’s FMD laboratory has
the necessary infrastructure, equipment,
and personnel. The laboratory staff are
well-trained in the diagnosis of
vesicular diseases. Diagnostic test
methodologies used in the identification
of vesicular diseases are consistent with
WOAH guidelines. All laboratory
standard operating procedures are
thorough and systematic, and
documentation is good. The laboratory
conducts quality control on all FMD
vaccines, both nationally produced and
imported. SENACSA has an organized
recordkeeping system for laboratory
data and the ability to complete and
report test results in a timely manner.
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Emergency Preparedness and Response
SENACSA has established procedures
for rapidly detecting and responding to
FMD emergencies. SENACSA has
surveillance and laboratory programs for
early detection of FMD and the
necessary infrastructure for carrying out
emergency eradication programs,
including an FMD contingency plan
supported by a legal framework and a
sufficient budget. If FMD is confirmed
in Paraguay through diagnostic testing,
the National Animal Health Emergency
System (SINAESA) is immediately
activated, and a Director of Emergency
is appointed to head up the emergency
response effort. SINAESA is responsible
for establishing a chain of command and
for identifying and obtaining the
necessary resources to carry out the
activities needed to eradicate the
disease. In responding to outbreaks in
neighboring countries, as well as during
the 2011/2012 outbreak in Paraguay,
SENACSA demonstrated its capacity for
rapid and effective emergency response.
The above findings are detailed in the
risk analysis document. The risk
analysis explains the factors that have
led us to conclude that fresh (chilled or
frozen) beef may be safely imported
from Paraguay under the conditions
enumerated above. It also establishes
that Paraguay has adequate veterinary
infrastructure in place to prevent,
control, report, and manage FMD
outbreaks. Therefore, we are proposing
to amend § 94.29 to allow the
importation of fresh beef from Paraguay
under the conditions described above.
Executive Orders 12866, 13563, and
Regulatory Flexibility Act
This proposed rule has been
determined to be significant for the
purposes of Executive Order 12866 and,
therefore, has been reviewed by the
Office of Management and Budget
(OMB).
We have prepared an economic
analysis for this rule. The economic
analysis provides a cost-benefit analysis,
as required by Executive Orders 12866
and 13563, which direct agencies to
assess all costs and benefits of available
regulatory alternatives and, if regulation
is necessary, to select regulatory
approaches that maximize net benefits
(including potential economic,
environmental, public health and safety
effects, and equity). Executive Order
13563 emphasizes the importance of
quantifying both costs and benefits, of
reducing costs, of harmonizing rules,
and of promoting flexibility. The
economic analysis also provides an
initial regulatory flexibility analysis that
examines the potential economic effects
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of this rule on small entities, as required
by the Regulatory Flexibility Act.
Based on the information we have,
there is no reason to conclude that
adoption of this proposed rule would
result in any significant economic effect
on a substantial number of small
entities. However, we do not currently
have all of the data necessary for a
comprehensive analysis of the effects of
this proposed rule on small entities.
Therefore, we are inviting comments on
potential effects. In particular, we are
interested in determining the number
and kind of small entities that may
incur benefits or costs from the
implementation of this proposed rule.
Introduction
This analysis examines potential
economic impacts of a proposed rule
that would allow fresh (chilled or
frozen) beef from Paraguay to be
imported into the United States
provided certain conditions are met.
APHIS currently considers the whole
territory of Paraguay to be a region
where FMD exists. With few exceptions,
APHIS’ regulations in part 94 prohibit
the importation of fresh (chilled or
frozen) meat of ruminants or swine that
originates in or transits a region where
FMD is considered to exist. APHIS does
not consider Paraguay as free of FMD
because Paraguay vaccinates against
FMD. As explained in detail earlier in
this document, the vaccination
requirement could result in infected
animals being imported into the United
States.
This document provides a benefit-cost
analysis, as required by Executive
Orders 12866 and 13563, which direct
agencies to assess all costs and benefits
of available regulatory alternatives and,
if regulation is necessary, to select
regulatory approaches that maximize
net benefits (including potential
economic, environmental, public health
and safety effects, and equity).
Executive Order 13563 emphasizes the
importance of quantifying both costs
and benefits, of reducing costs, of
harmonizing rules, and of promoting
flexibility. This document also
examines the potential economic effects
of the rule on small entities, as required
by the Regulatory Flexibility Act.
Overview of the Action and Affected
Entities
U.S. Beef Production and Trade
The United States is the largest beef
producer in the world and produces
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primarily grain-fed beef for the domestic
and export markets. Over the period
2016 to 2020, U.S. beef production
averaged 12 million metric tons (MT);
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exports 1.4 million MT; and imports 1.3
million MT (Table 1).
TABLE 1—U.S. BEEF PRODUCTION, EXPORTS, AND IMPORTS
[2016 to 2020]
Year
Production
Imports
Exports
Metric tons
2016
2017
2018
2019
2020
.............................................................................................................................................
.............................................................................................................................................
.............................................................................................................................................
.............................................................................................................................................
.............................................................................................................................................
11,468,481
11,904,762
12,216,780
12,346,485
12,355,556
1,365,986
1,357,370
1,359,637
1,386,848
1,515,646
1,159,637
1,296,599
1,433,107
1,372,336
1,338,322
5-year average .....................................................................................................................
12,058,413
1,397,098
1,320,000
Source: U.S. Department of Agriculture (USDA), World Agricultural Outlook Board, ‘‘World Agricultural Supply and Demand Estimates’’ and
supporting materials; U.S. Department of Commerce, Bureau of Economic Analysis (population); and USDA, Economic Research Service.
Most U.S. beef imports are grass-fed
beef that is processed together with
higher-fat trimmings from U.S. grain-fed
beef to produce ground beef. Canada,
Australia, New Zealand, and Mexico
historically have been the largest
sources of U.S. beef imports (Table 2).
Entry of beef from Paraguay into the
U.S. beef market would result in a
change in market shares.
In terms of exports, between 2016 and
2020 the top destinations for U.S. beef
were Japan (362,071 MT); South Korea
(264,780 MT); Mexico (181,982 MT);
Hong Kong (156,025 MT); and Canada
(133,316 MT).
TABLE 2—U.S. BEEF IMPORTS FROM PRINCIPAL SUPPLY COUNTRIES
[2016 to 2020; 1,000 MT]
Country
2016
2017
2018
2019
2020
Average
1,000 Metric tons, carcass weight equivalent
Canada .....................................................
Australia ...................................................
Mexico ......................................................
New Zealand ............................................
Brazil ........................................................
Nicaragua .................................................
Uruguay ....................................................
Other Countries ........................................
325.37
347.74
223.67
277.67
69.22
50.43
54.72
16.42
336.01
315.02
259.99
252.48
62.39
60.44
54.61
15.81
358.91
305.08
230.36
259.54
63.92
71.07
51.91
18.20
384.31
324.85
262.90
181.77
74.01
82.83
53.89
21.57
374.15
300.50
295.25
233.73
100.20
85.83
66.73
58.39
355.75
318.64
254.44
241.04
73.95
70.12
56.37
26.07
Total ..................................................
1,365.24
1,356.75
1,358.99
1,386.13
1,514.78
1,396.38
Source: USDA ERS carcass weight equivalent calculations using data from U.S. Department of Commerce, Bureau of the Census.
Note: Quantities include some processed beef and veal.
ddrumheller on DSK120RN23PROD with PROPOSALS1
Paraguay’s Beef Production and Trade
Historically, beef cattle production
has been one of the major agricultural
activities in Paraguay with beef and
soybeans being the leading exports.
Paraguay recently surpassed Argentina
for eighth place among the world’s
largest beef exporters. The Paraguayan
beef industry is focused on exports with
about 40 percent of the production
consumed domestically. Paraguay ships
roughly 90 percent of its beef to just five
markets: Chile, Russia, Israel, Taiwan
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and Brazil. Today, cattle are being
displaced from traditional production
areas in Paraguay because of a steady
increase in soybean acreage. Since the
1990s, there has also been increased
grain supplementation of beef cattle
feeding regimes in Paraguay.
For the period 2016 to 2020,
Paraguay’s average annual production
was 582,000 MT, with domestic
consumption averaging 224,000 MT, or
about 40 percent of production (Table
3). Exports averaged 372,000 MT per
year. Paraguay’s average exports of
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372,000 MT for the 2016 to 2020 period
is equivalent to approximately 26
percent of U.S. fresh beef imports for the
same period.
The quantity of fresh beef expected to
be imported into the United States from
Paraguay, ranging from 3,250 to 6,500
MT, is equivalent to about 0.05 percent
of U.S. average annual fresh beef
production, about 0.05 percent of U.S.
average annual imports of fresh beef,
and about 0.50 percent of average
annual exports of fresh beef, 2016 to
2020.
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TABLE 3—PARAGUAY’S BEEF PRODUCTION, EXPORTS, AND IMPORTS
[2016 to 2020]
Year
Production
Consumption
Imports
Exports
1,000 Metric tons
2013
2014
2015
2016
2017
.................................................................................................................
.................................................................................................................
.................................................................................................................
.................................................................................................................
.................................................................................................................
510
570
590
610
610
186
183
210
222
223
2
2
1
2
1
326
389
381
390
380
Average ....................................................................................................
578
231
2
373
Source: Compiled from various GAIN Reports of the USDA Foreign Agricultural Service using carcass weight equivalent data.
Expected Benefits and Costs of the Rule
For this analysis, we use a nonspatial, net trade, partial equilibrium
approach to welfare analysis to compute
expected impacts of the rule on U.S.
producers and consumers of fresh beef.
In this section, we describe assumptions
and parameters of the welfare analysis,
including the baseline price and
quantities, projected imports from
Paraguay, and domestic price elasticities
of demand and supply. We then discuss
the modeling results. The model
evaluates how domestic market prices
and quantities may adjust to the policy
change, and how producers and
consumers may potentially be impacted.
We assume that demand and supply
functions are approximately linear near
the initial equilibrium point. For small
parallel shifts in supply and demand,
this assumption results in reasonably
accurate measures of consumer and
producer surplus changes. Beef imports
from Paraguay will affect prices and
quantities of fresh beef on the U.S.
market, and therefore result in welfare
impacts as reflected in changes in
consumer and producer surplus.
Consumer surplus is the difference
between what the consumer pays for a
unit of a good or service and the
maximum price that the consumer
would be willing to pay for that unit.
Producer surplus is the difference
between the price a producer is paid for
supplying a unit of a good or service
and the minimum price that the
producer would be willing to accept to
supply that unit.
Our analysis is non-spatial in that the
price and quantity effects obtained from
the model are assumed to be average
effects across geographically separate
markets. Partial equilibrium means that
the model results are based on
maintaining a commodity-price
equilibrium in a limited portion of the
overall economy. All other economic
sectors not explicitly included in the
model are assumed to have a negligible
influence on the model results. A partial
equilibrium analysis is appropriate
because the rule is specific to imports of
fresh beef from Paraguay and is
therefore expected to have only limited
effects on other sectors of the economy.
Baseline data for fresh beef are shown
in Tab1e 4. Baseline quantities are based
on 5-year averages, 2016 through 2020.
Domestic supply is equated to fresh beef
production minus exports, where fresh
beef exports are set equal to zero. In a
net trade model, such as the one applied
in this analysis, a country is identified
as either a net exporter or a net importer
of a particular commodity. In this
instance, U.S. fresh beef exports are not
included as part of domestic supply in
the baseline in order to quantify the
effects of permitting fresh beef imports
from Paraguay. Domestic demand for
fresh beef is equated to fresh production
less exports plus imports. The baseline
price is the 5-year average U.S. custom
import value for fresh beef, 2016
through 2020.3
TABLE 4—U.S. FRESH BEEF BASELINE DATA: PRODUCTION, IMPORTS, EXPORTS, DOMESTIC CONSUMPTION, AND PRICE IN
2016 DOLLARS
[2016 to 2020]
Year
Production
Imports
Exports
Domestic
supply
Price per MT
Metric tons
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2016
2017
2018
2019
2020
.....................................................................................
.....................................................................................
.....................................................................................
.....................................................................................
.....................................................................................
11,468,481
11,904,762
12,216,780
12,346,485
12,355,556
1,365,986
1,357,370
1,359,637
1,386,848
1,515,646
1,159,637
1,296,599
1,433,107
1,372,336
1,338,322
11,674,830
11,965,533
12,143,311
12,360,998
12,532,880
6,988
7,092
7,248
7,533
8,063
5 year average ..............................................................
12,058,413
1,397,098
1,320,000
12,135,510
7,385
Source: USDA, World Agricultural Outlook Board, ‘‘World Agricultural Supply and Demand Estimates’’ and supporting materials; U.S. Department of Commerce, Bureau of Economic Analysis (population); and USDA, Economic Research Service.
For this analysis, we use price
elasticities of demand and supply for
fresh beef of ¥1.52 and 0.34,
respectively.4 In the short run, beef
producers’ responsiveness is inelastic
due to limitations in adjusting supply to
3 The custom import value is defined as the price
actually paid or payable for merchandise when sold
for exportation, excluding import duties, freight,
insurance, and other charges incurred in bringing
the merchandise to the importing country.
4 Paarlberg, Philip L., Ann Hillberg Seitzinger,
John G. Lee, and Kenneth H. Mathews, Jr. Economic
Impacts of Foreign Animal Disease. Economic
Research Report Number 57. USDA ERS, May 2008.
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market changes. In the long run,
producers are better able to respond to
changes in price associated with
increased market supply. Likewise, a
more price-elastic long-run demand
would be indicative of increased price
responsiveness of consumers over time.
As a measure of possible impacts of
fresh beef imports from Paraguay, we
consider import volumes of 3,250 to
6,500 MT (5 to 10 percent of the other
countries tariff rate quota of 65,005 5).
For each of the three annual import
levels, we modeled changes in U.S.
consumption, production, price,
consumer welfare, producer welfare,
and net social welfare gain (Table 5). In
each case, consumer welfare gains
outweigh producer welfare losses with
18083
positive net welfare impacts. Producer
welfare losses under the three import
levels range between $12 and $23
million. Consumer welfare gains range
between $13 and $26 million with net
welfare gains of between $1.3 and $3.0
million. Beef imports from Paraguay
may displace imports from other
countries.
TABLE 5—MODELED IMPACTS FOR U.S. FRESH BEEF PRODUCTION, CONSUMPTION, PRICE, AND CONSUMER AND
PRODUCER WELFARE, ASSUMING FRESH BEEF IMPORTS FROM PARAGUAY
[Of 3,250 MT, 4,875 MT, and 6,500 MT]
ddrumheller on DSK120RN23PROD with PROPOSALS1
Assumed annual fresh beef imports from Paraguay .................................................
Change in U.S. consumption, MT .............................................................................
Change in U.S. production, MT .................................................................................
Change in domestic price of fresh beef, dollars per MT ...........................................
% Change in domestic price .....................................................................................
Change in consumer welfare .....................................................................................
Change in producer welfare ......................................................................................
Annual net benefit ......................................................................................................
3,250
2,715
¥535
($1.09)
¥0.0147
$13,179,777
($11,660,864)
$1,518,913
4,875
4,072
¥803
($1.63)
¥0.0221
$19,770,771
($17,491,078)
$2,279,694
6,500
5,430
¥1,070
($2.17)
¥0.0294
$26,362,502
($23,321,146)
$3,041,356
Alternatives to the Rule
We considered alternatives to the
chosen course of action, including
maintaining the current prohibition on
imports of fresh beef from Paraguay and
using the WOAH recommendations to
determine import requirements.
Continuing to prohibit fresh beef
imports from Paraguay is not defensible,
given that a complete restriction on
imports is unnecessary for safeguarding
the U.S. cattle industry provided certain
conditions are met. We therefore reject
the status quo alternative.
A second alternative considered by
APHIS would be to allow fresh beef to
enter from Paraguay under trade
recommendations established by the
WOAH. The WOAH recommendations,
however, do not meet the acceptable
level of protection of the United States.
FMD is a highly contagious disease
caused by a resilient virus readily
transmitted to all cloven-hoofed
animals. There are few effective
mitigation measures to guard against the
risk of exposure of susceptible U.S.
livestock if FMD-infected animals or
products contaminated with the FMD
virus were imported into the United
States. APHIS has determined therefore
that a cautious approach to allowing
fresh beef imports from regions that
vaccinate for FMD is warranted.
As noted earlier, the position of the
United States is that a country that
vaccinates for FMD is not free of the
disease. Vaccination of cattle against
FMD introduces risks related to the
immunological response within the
vaccinated herd. While a large
percentage of individual animals in the
herd may fully respond to FMD
vaccination, some individual animals in
the herd may have a limited response,
resulting in partial or no immunity.
Therefore, so-called herd immunity may
not always reflect individual animal
immunity, and the disease may still be
present in certain animals in a
vaccinated population. As a result,
importation of beef from areas in which
cattle are vaccinated for FMD could
result in importation of beef derived
from infected animals.
Under the World Trade Organization
Sanitary and Phytosanitary Agreement,
Member Countries are encouraged to
base their import requirements on
international recommendations but
maintain the right to adopt additional
measures provided that they are based
on science, are transparent in the way
they are developed and implemented,
and do not arbitrarily or unjustifiably
discriminate among members. APHIS
does not recognize a country that
vaccinates for FMD as free of the disease
because vaccination may mask clinical
signs. The virus can remain present but
undetected in vaccinated populations.
APHIS regulations allow for the
importation of meat and meat products
from regions that vaccinate for FMD
provided that these products are
processed in such a way as to ensure the
inactivation of the FMD virus.
If APHIS were to follow the WOAH
recommendations, we expect that fresh
beef imports from Paraguay would tend
toward the upper end of the 3,250 to
6,500 MT range; more cattle and larger
quantities of beef would likely qualify
for export to the United States because
the import sanitary requirements would
be less stringent. Fresh beef imports
from Paraguay exceeding 6,500 MT
would enter under a higher tariff rate.
Under the modeled 6,500 MT scenario,
wholesale beef price would decrease by
0.03 percent. U.S. beef production
would decline by approximately 1,000
MT or less than a percent of total U.S
beef production.
We reject this alternative to the rule
for reasons other than disproportionate
economic impact and because it does
not meet APHIS’ determination of
necessary sanitary requirements for the
importation of fresh beef from Paraguay.
The preferred alternative has been
analyzed using the limited information
available. We cannot certify that this
rule would have no disproportionate
impact on small entities, but at this time
have found no evidence that it would
have such impacts.
5 Harmonized Tariff Schedule of the United States
(2018) Revision 4, Chapter 2, Meat and Edible Meat
Offal. The tariff rate quota provides preferential-
duty access for certain named countries and a
category of countries grouped as Other Countries or
Areas. The combined annual quantity of beef
allowed to be imported from Other Countries or
Areas is limited to 65,005 MT.
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Initial Regulatory Flexibility Analysis
The Regulatory Flexibility Act
requires agencies to evaluate the
potential effects of their proposed and
final rules on small businesses, small
organizations and small governmental
jurisdictions. This initial regulatory
flexibility analysis describes expected
impacts of this proposed rule on small
entities, as required by section 603 of
the Act.
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Federal Register / Vol. 88, No. 58 / Monday, March 27, 2023 / Proposed Rules
ddrumheller on DSK120RN23PROD with PROPOSALS1
Reasons Action Is Being Considered
In response to a request from the
Government of Paraguay that fresh
(chilled or frozen) beef be allowed to be
imported into the United States from
Paraguay, APHIS conducted a risk
analysis to enable APHIS to develop
appropriate regulatory conditions with
mitigations to address potential risks of
FMD disease introduction following any
initiation of trade in fresh beef from
Paraguay. In the analysis APHIS
considered the epidemiological
characteristics of FMD that are relevant
to the risk of importing fresh and frozen
beef under certain conditions into the
United States and described appropriate
mitigations to reduce that risk. The
mitigations to be applied include
restrictions on the origin of animals,
requirements for maturation and pH
testing of carcasses, ante-mortem and
post-mortem inspections, and
verification by Paraguayan officials that
the various mitigations were applied
appropriately. APHIS concluded from
the assessments that the surveillance,
prevention, and control measures
implemented by the Government of
Paraguay are sufficient and that fresh
beef imported from Paraguay under the
additional mitigation measures imposed
by the proposed action will be safe. It
is highly unlikely that such imports
from Paraguay will introduce or
disseminate FMD within the United
States. As of 2020, there are more than
70 markets opened to Paraguayan beef.
Cattlemen in Paraguay and the
Government of Paraguay aim at opening
in the future important markets such as
China, NAFTA countries, and South
Korea.6
Objectives of and Legal Basis for the
Rule
With a few exceptions, APHIS
regulations in 9 CFR part 94 prohibit the
importation of fresh (chilled or frozen)
meat of ruminants or swine that
originates in or transits a region where
FMD is considered to exist. APHIS does
not consider Paraguay free of FMD
because Paraguay vaccinates against
FMD. The proposed rule would allow
the importation of fresh (chilled or
frozen) beef from Paraguay under
certain conditions designed to ensure
beef exported to the United States will
not harbor FMD virus. In accordance
with the Animal Health Protection Act
(7 U.S.C. 8301 et seq.), the Secretary of
Agriculture has the authority to
promulgate regulations and take
measures to prevent the introduction of
6 Paraguay Beef & Cattle Outlook 2020: https://
beef2live.com/story-paraguay-beef-cattle-annual-0206336.
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contagious animal diseases into the
United States by means of import
restrictions.
Potentially Affected Small Entities
Entities that could be primarily
affected by the proposed rule are beef
and cattle producers, as well as feedlots
and slaughter facilities. Of the 882,692
farms 7 in the United States with cattle
and calves, 711,827 sold cattle and
calves, 729,0466 were classified as beef
cow farms, and 54,599 had milk cows.8
Based on data from the 2017 Census of
Agriculture and Small Business
Administration (SBA) standards,9 we
expect a majority of these entities to be
small. Entities in the categories beef
cattle ranching and farming (NAICS
112111) and dairy cattle and milk
production (NAICS 112120) are
considered small if their total annual
sales do not exceed $1 million. The
2017 Census of Agriculture indicates
that 99 percent of beef cattle operations
are classified as small; of the 582,380
(farms with sales) farms classified under
the beef cattle ranching and farming
category, 99 percent had annual sales of
less than $1 million. Of the 47,237 dairy
operations, 95 percent are classified as
small. Entities in the category cattle
feedlots (NAICS 112112) are considered
small if they have total annual sales of
not more than $8 million. Sales were
not available for farms operating as
feedlots. Entities classified as animal
(except poultry) slaughtering (NAICS
311611) with not more than 1,000
employees are considered small by SBA
standards. The 2012 Economic Census
reports 1,494 establishments in this
category. Of this number, 1,357
establishments (96 percent) had fewer
than 1,000 employees.10 Thus, the
majority of slaughter establishments are
considered small by SBA standards.
Projected Reporting, Recordkeeping,
and Other Compliance Requirements
Reporting and recordkeeping
requirements associated with the
proposed rule are discussed in the
7 Represents all farms that held cattle inventory
whether or not they sold cattle.
8 U.S. 2017 Agriculture Census, tables 12, 13, 14,
16, https://www.nass.usda.gov/Publications/
AgCensus/2017/Full_Report/Volume_1,_Chapter_1_
US/st99_1_0011_0012.pdf. https://
www.nass.usda.gov/Publications/AgCensus/2017/
Full_Report/Volume_1,_Chapter_1_US/st99_1_
0013_0014.pdf. https://www.nass.usda.gov/
Publications/AgCensus/2017/Full_Report/Volume_
1,_Chapter_1_US/st99_1_0015_0016.pdf.
9 Small Business Administration size standards:
https://www.sba.gov/document/support-table-sizestandards.
10 U.S. Bureau of Census, 2018 County Business
Pattern Survey: https://data.census.gov/cedsci/
tablen=311611&tid=CBP2018.CB1800CBP.
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proposed rule under the heading
‘‘Paperwork Reduction Act.’’
Duplication, Overlap, or Conflict With
Existing Rules and Regulations
APHIS has not identified any
duplication, overlap, or conflict of the
proposed rule with other Federal rules.
Alternatives To Minimize Significant
Economic Impacts of the Rule
For the purposes of this Initial
Regulatory Flexibility Analysis, we have
used the best data available to examine
feasible ways to achieve the desired
policy goals. We cannot certify that this
rule would have no disproportionate
impact on small entities, but at this time
have found no evidence that it would
have such impacts.
We recognize we may not have all
relevant information concerning
economic impacts at this time.
Therefore, we invite public comment on
any additional relevant information. We
also invite public comments on
alternatives that may achieve the
objective of this proposed rule.
Executive Order 12988
This proposed rule has been reviewed
under Executive Order 12988, Civil
Justice Reform. If this proposed rule is
adopted: (1) All State and local laws and
regulations that are inconsistent with
this rule will be preempted; (2) no
retroactive effect will be given to this
rule; and (3) administrative proceedings
will not be required before parties may
file suit in court challenging this rule.
Executive Order 13175
This rule has been reviewed in
accordance with the requirements of
Executive Order 13175, Consultation
and Coordination with Indian Tribal
Governments. The review reveals that
this rule will not have substantial and
direct effects on Tribal governments and
will not have significant Tribal
implications.
In 2020, APHIS informed Tribal
leaders of the proposed action and
solicited comments and questions.
APHIS did not receive any comments or
questions from Tribal leaders in
response. APHIS worked with the
APHIS Office of the National Tribal
Liaison to conduct the outreach in 2020
and also hosted a Tribal listening
session on October 17, 2022, about the
proposed rule. If a tribe requests
consultation in the future, APHIS will
work with the Office of Tribal Relations
to ensure meaningful consultation is
provided.
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Federal Register / Vol. 88, No. 58 / Monday, March 27, 2023 / Proposed Rules
National Environmental Policy Act
To provide the public with
documentation of APHIS’ review and
analysis of any potential environmental
impacts associated with the importation
of fresh (chilled or frozen) beef from
Paraguay, we have prepared an
environmental assessment. The
environmental assessment was prepared
in accordance with: (1) The National
Environmental Policy Act of 1969
(NEPA), as amended (42 U.S.C. 4321 et
seq.), (2) regulations of the Council on
Environmental Quality for
implementing the procedural provisions
of NEPA (40 CFR parts 1500–1508), (3)
USDA regulations implementing NEPA
(7 CFR part 1b), and (4) APHIS’ NEPA
Implementing Procedures (7 CFR part
372).
The environmental assessment may
be viewed on the Regulations.gov
website or in our reading room. (A link
to Regulations.gov and information on
the location and hours of the reading
room are provided under the heading
ADDRESSES at the beginning of this
proposed rule.) In addition, copies may
be obtained by calling or writing to the
individual listed under FOR FURTHER
INFORMATION CONTACT.
ddrumheller on DSK120RN23PROD with PROPOSALS1
Paperwork Reduction Act
In accordance with section 3507(d) of
the Paperwork Reduction Act of 1995
(44 U.S.C. 3501 et seq.), reporting and
recordkeeping requirements included in
this proposed rule have been submitted
for approval to OMB. Written comments
and recommendations for the proposed
information collection should be sent
within 60 days of publication of this
notice to www.reginfo.gov/public/do/
PRAMain. Find this particular
information collection by selecting
‘‘Currently under 60-day Review—Open
for Public Comments’’ or by using the
search function. Please send a copy of
your comments to: (1) Docket No.
APHIS–2018–0007, Regulatory Analysis
and Development, PPD, APHIS, Station
3A–03.8, 4700 River Road Unit 118,
Riverdale, MD 20737–1238, and (2)
Clearance Officer, OCIO, USDA, Room
404–W, 14th Street and Independence
Avenue SW, Washington, DC 20250.
APHIS is proposing to amend the
regulations in § 94.29 to provide for the
importation of fresh (chilled or frozen)
beef from Paraguay. Under this
proposed rule, fresh beef from Paraguay
would be subject to the same import
conditions applicable to fresh beef and
ovine meat from Uruguay (other than
bone-in ovine meat imported under
§ 94.29(g)(1) through (3)) and fresh beef
from the exporting regions of Argentina
and Brazil. The importation of fresh beef
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from Paraguay will require information
collection activities such as the
completion and signature of Foreign
Meat Inspection Certificates by an
authorized veterinary official of the
Government of Paraguay and onsite
evaluations and inspections of
operations, records, and processing
facilities to ensure they are following
the procedures necessary to lead to the
results listed in the Foreign Meat
Inspection Certificate. The certificate,
evaluation, and inspection ensure that
exported fresh beef from Paraguay poses
negligible risk of introducing disease
into the United States. If this action is
finalized and OMB approves of this
information collection package, APHIS
plans to merge this information
collection into OMB control number
0579–0372, Importation of Beef and
Ovine Meat from Uruguay and Beef
from Argentina and Brazil.
We are soliciting comments from the
public (as well as affected agencies)
concerning our proposed information
collection and recordkeeping
requirements. These comments will
help us:
(1) Evaluate whether the proposed
information collection is necessary for
the proper performance of our agency’s
functions, including whether the
information will have practical utility;
(2) Evaluate the accuracy of our
estimate of the burden of the proposed
information collection, including the
validity of the methodology and
assumptions used;
(3) Enhance the quality, utility, and
clarity of the information to be
collected; and
(4) Minimize the burden of the
information collection on those who are
to respond (such as through the use of
appropriate automated, electronic,
mechanical, or other technological
collection techniques or other forms of
information technology; e.g., permitting
electronic submission of responses).
Estimate of burden: Public burden for
this collection of information is
estimated to average 1.3 hours per
response.
Respondents: Authorized veterinary
officials employed by the Government
of Paraguay and beef producers in
Paraguay.
Estimated annual number of
respondents: 2.
Estimated annual number of
responses per respondent: 1.
Estimated annual number of
responses: 3.
Estimated total annual burden on
respondents: 4 hours. (Due to averaging,
the total annual burden hours may not
equal the product of the annual number
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Fmt 4702
Sfmt 4702
18085
of responses multiplied by the estimate
of burden.)
A copy of the information collection
may be viewed on the Regulations.gov
website or in our reading room. (A link
to Regulations.gov and information on
the location and hours of the reading
room are provided under the heading
ADDRESSES at the beginning of this
proposed rule.) Copies can also be
obtained from Mr. Joseph Moxey,
APHIS’ Paperwork Reduction Act
Coordinator, at (301) 851–2483. APHIS
will respond to any information
collection review-related comments in
the final rule. All comments will also
become a matter of public record.
E-Government Act Compliance
The Animal and Plant Health
Inspection Service is committed to
compliance with the E-Government Act
to promote the use of the internet and
other information technologies, to
provide increased opportunities for
citizen access to Government
information and services, and for other
purposes. For trade partners who have
fully automated systems, APHIS will
accept computer extracts of electronic
health certification data. These
certificates are included in the
government-wide use of the
International Trade Data System via the
Automated Commercial Environment to
improve business operations and further
Agency missions. Respondents are free
to maintain required records as best
suited for their organization. For
information pertinent to E-Government
Act compliance related to this proposed
rule, please contact Mr. Joseph Moxey,
APHIS’ Paperwork Reduction Act
Coordinator, at (301) 851–2483.
List of Subjects in 9 CFR Part 94
Animal diseases, Imports, Livestock,
Meat and meat products, Milk, Poultry
and poultry products, Reporting and
recordkeeping requirements.
Accordingly, we propose to amend 9
CFR part 94 as follows:
PART 94—FOOT-AND-MOUTH
DISEASE, NEWCASTLE DISEASE,
HIGHLY PATHOGENIC AVIAN
INFLUENZA, AFRICAN SWINE FEVER,
CLASSICAL SWINE FEVER, SWINE
VESICULAR DISEASE, AND BOVINE
SPONGIFORM ENCEPHALOPATHY:
PROHIBITED AND RESTRICTED
IMPORTATIONS
1. The authority citation for part 94
continues to read as follows:
■
Authority: 7 U.S.C. 1633, 7701–7772,
7781–7786, and 8301–8317; 21 U.S.C. 136
and 136a; 31 U.S.C. 9701; 7 CFR 2.22, 2.80,
and 371.4.
E:\FR\FM\27MRP1.SGM
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18086
§ 94.29
Federal Register / Vol. 88, No. 58 / Monday, March 27, 2023 / Proposed Rules
[Amended]
2. Section 94.29 is amended as
follows:
■ a. In the introductory text, by adding
the words ‘‘fresh (chilled or frozen) beef
from Paraguay;’’ after the word
‘‘Tocantins;’’;
■ b. In paragraph (a)(1), by adding the
words ‘‘or in Paraguay;’’ after the word
‘‘Brazil’’; and
■ c. In paragraph (b), by adding the
words ‘‘in Paraguay (for beef from
Paraguay),’’ after the words ‘‘(for beef
from Brazil),’’.
■
Done in Washington, DC, this 17th day of
March 2023.
Jennifer Moffitt,
Under Secretary for Marketing and Regulatory
Programs.
[FR Doc. 2023–05889 Filed 3–24–23; 8:45 am]
BILLING CODE 3410–34–P
DEPARTMENT OF ENERGY
10 CFR Part 430
[EERE–2023–BT–STD–0005]
RIN 1904–AF51
Energy Conservation Program: Energy
Conservation Standards for
Fluorescent Lamp Ballasts
Office of Energy Efficiency and
Renewable Energy, Department of
Energy.
ACTION: Request for information.
AGENCY:
The U.S. Department of
Energy (‘‘DOE’’) is initiating an effort to
determine whether to amend the current
energy conservation standards for
fluorescent lamp ballasts (‘‘FLB’’).
Under the Energy Policy and
Conservation Act, as amended, DOE
must review these standards no later
than three years after making a
determination that standards for the
product do not need to be amended and
publish either a notice of proposed
rulemaking (‘‘NOPR’’) to propose new
standards for FLB or a notification of
determination that the existing
standards do not need to be amended.
DOE is soliciting the public for
information to help determine whether
the current standards require amending
under the applicable statutory criteria.
DOE welcomes written comments from
the public on any subject within the
scope of this document, including
topics not specifically raised.
DATES: Written comments and
information are requested and will be
accepted on or before April 26, 2023.
ADDRESSES: Interested persons are
encouraged to submit comments using
ddrumheller on DSK120RN23PROD with PROPOSALS1
SUMMARY:
VerDate Sep<11>2014
18:58 Mar 24, 2023
Jkt 259001
the Federal eRulemaking Portal at
www.regulations.gov under docket
number EERE–2023–BT–STD–0005.
Follow the instructions for submitting
comments. Alternatively, interested
persons may submit comments may
submit comments, identified by docket
number EERE–2023–BT–STD–0005, by
any of the following methods:
Email: FLB2023STD0005@ee.doe.gov.
Include the docket number EERE–2023–
BT–STD–0005 in the subject line of the
message.
Postal Mail: Appliance and
Equipment Standards Program, U.S.
Department of Energy, Building
Technologies Office, Mailstop EE–5B,
1000 Independence Avenue SW,
Washington, DC 20585–0121.
Telephone: (202) 287–1445.
Hand Delivery/Courier: Appliance
and Equipment Standards Program, U.S.
Department of Energy, Building
Technologies Office, 950 L’Enfant Plaza,
SW, 6th Floor, Washington, DC 20024.
Telephone: (202) 287–1445.
No telefacsimiles (‘‘faxes’’) will be
accepted. For detailed instructions on
submitting comments and additional
information on this process, see section
III of this document.
Docket: The docket for this activity,
which includes Federal Register
notices, comments, and other
supporting documents/materials, is
available for review at
www.regulations.gov. All documents in
the docket are listed in the
www.regulations.gov index. However,
some documents listed in the index,
such as those containing information
that is exempt from public disclosure,
may not be publicly available.
The docket web page can be found at
www.regulations.gov/docket/EERE2023-BT-STD-0005. The docket web
page contains instructions on how to
access all documents, including public
comments, in the docket. See section III
for information on how to submit
comments through
www.regulations.gov.
FOR FURTHER INFORMATION CONTACT:
Mr. Bryan Berringer, U.S. Department
of Energy, Office of Energy Efficiency
and Renewable Energy, Building
Technologies Office, EE–5B, 1000
Independence Avenue SW, Washington,
DC 20585–0121. Telephone: (202) 586–
0371. Email:
ApplianceStandardsQuestions@
ee.doe.gov.
Mr. Nolan Brickwood, U.S.
Department of Energy, Office of the
General Counsel, GC–33, 1000
Independence Avenue SW, Washington,
DC 20585–0121. Telephone: (202) 586–
4498. Email: Nolan.Brickwood@
hq.doe.gov.
PO 00000
Frm 00011
Fmt 4702
Sfmt 4702
For further information on how to
submit a comment, or review other
public comments and the docket contact
the Appliance and Equipment
Standards Program staff at (202) 287–
1445 or by email:
ApplianceStandardsQuestions@
ee.doe.gov.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Introduction
A. Authority and Background
B. Deviation From Appendix A
II. Request for Information and Comments
A. Products Covered by This Process
B. Market and Technology Assessment
1. Product Classes
2. Technology Assessment
C. Screening Analysis
D. Engineering Analysis
1. Efficiency Analysis
2. Cost Analysis
E. Energy Use Analysis
1. Operating Hours
2. Lamp Mixture
F. Life-Cycle Cost and Payback Analysis
1. Installation Costs
2. Repair and Maintenance Costs
3. Efficiency Distributions
4. Product Lifetimes
G. Shipments
H. National Impact Analysis
I. Manufacturer Impact Analysis
III. Submission of Comments
I. Introduction
A. Authority and Background
The Energy Policy and Conservation
Act, Public Law 94–163, as amended
(‘‘EPCA’’),1 authorizes DOE to regulate
the energy efficiency of a number of
consumer products and certain
industrial equipment. (42 U.S.C. 6291–
6317) Title III, Part B of EPCA 2
established the Energy Conservation
Program for Consumer Products Other
Than Automobiles. These products
include fluorescent lamp ballasts
(‘‘FLBs’’), the subject of this document.
(42 U.S.C. 6292(a)(13)) EPCA prescribed
energy conservation standards for these
products and directed DOE to conduct
two cycles of rulemakings to determine
whether to amend these standards. (42
U.S.C. 6295(g)(7)(A)–(B))
The energy conservation program
under EPCA consists essentially of four
parts: (1) testing, (2) labeling, (3) Federal
energy conservation standards, and (4)
certification and enforcement
procedures. Relevant provisions of
EPCA specifically include definitions
1 All references to EPCA in this document refer
to the statute as amended through the Energy Act
of 2020, Public Law 116–260 (Dec. 27, 2020), which
reflect the last statutory amendments that impact
Parts A and A–1 of EPCA.
2 For editorial reasons, upon codification in the
U.S. Code, Part B was redesignated Part A.
E:\FR\FM\27MRP1.SGM
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Agencies
[Federal Register Volume 88, Number 58 (Monday, March 27, 2023)]
[Proposed Rules]
[Pages 18077-18086]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-05889]
-----------------------------------------------------------------------
DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service
9 CFR Part 94
[Docket No. APHIS-2018-0007]
RIN 0579-AE73
Importation of Fresh Beef From Paraguay
AGENCY: Animal and Plant Health Inspection Service, USDA.
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: We are proposing to amend the regulations governing the
importation of certain animals, meat, and other animal products by
allowing, under certain conditions, the importation of fresh (chilled
or frozen) beef from Paraguay. Based on the evidence from a risk
analysis, we have determined that fresh beef can safely be imported
from Paraguay, provided certain conditions are met. This action would
provide for the importation of fresh beef from Paraguay into the United
States while continuing to protect the United States against the
introduction of foot-and-mouth disease.
DATES: We will consider all comments that we receive on or before May
26, 2023.
ADDRESSES: You may submit comments by either of the following methods:
Federal eRulemaking Portal: Go to www.regulations.gov.
Enter APHIS-2018-0007 in the Search Field. Select the Documents tab,
then select the Comment button in the list of documents.
Postal Mail/Commercial Delivery: Send your comment to
Docket No. APHIS-2018-0007, Regulatory Analysis and Development, PPD,
APHIS, Station 3A-03.8, 4700 River Road, Unit 118, Riverdale, MD 20737-
1238.
Supporting documents and any comments we receive on this docket may
be viewed at www.regulations.gov or in our reading room, which is
located in room 1620 of the USDA South Building, 14th Street and
Independence Avenue SW, Washington, DC. Normal reading room hours are 8
a.m. to 4:30 p.m., Monday through Friday, except holidays. To be sure
someone is there to help you, please call (202) 799-7039 before coming.
FOR FURTHER INFORMATION CONTACT: Dr. Ingrid Kotowski, Import Risk
Analyst, Regionalization Evaluation Services, VS, APHIS, 920 Main
Campus Drive, Suite 200, Raleigh, NC 27606; (919) 855-7732; email:
[email protected].
SUPPLEMENTARY INFORMATION:
Background
The regulations in 9 CFR part 94 (referred to below as the
regulations) prohibit or restrict the importation of certain animals
and animal products into the United States to prevent the introduction
of various animal diseases, including foot-and-mouth disease (FMD),
African swine fever, classical swine fever, and swine vesicular
disease. These are dangerous and destructive communicable diseases of
ruminants and swine. Under most circumstances, Sec. 94.1 of the
regulations prohibits the importation of live ruminants and swine and
fresh (chilled or frozen) meat derived from ruminants and swine
originating in, or transiting through, a region where FMD exists.
Section 94.11 restricts the importation of ruminants and swine and
their meat and certain other products from regions that are declared
free of FMD but that nonetheless present a disease risk because of the
regions' proximity to or trading relationships with regions affected
with FMD. Regions that the Animal and Plant Health Inspection Service
(APHIS) has declared free of FMD and regions declared free of FMD that
are subject to the restrictions in Sec. 94.11 are listed on the APHIS
website at https://www.aphis.usda.gov/import_export/animals/animal_disease_status.shtml.
The regulations do allow for certain exceptions to the prohibitions
contained
[[Page 18078]]
in Sec. 94.1. These exceptions include allowing the importation of
fresh (chilled or frozen) beef and ovine meat from Uruguay and fresh
beef from certain regions of Argentina and a region of Brazil, subject
to certain conditions. While there have been FMD outbreaks in the past
in those regions, the disease is not currently known to exist in any of
them. We do not recognize those exporting regions as FMD-free, however,
because the Argentine, Brazilian, and Uruguayan governments all require
that cattle be vaccinated for FMD.\1\ The conditions for the
importation of beef and ovine meat from Uruguay and beef from the
exporting regions of Argentina and Brazil are set out in Sec. 94.29 of
the regulations and include the following:
---------------------------------------------------------------------------
\1\ The position of the United States is that a country that
vaccinates for FMD is not free of the disease. Vaccination of cattle
against FMD introduces risks related to the immunological response
within the vaccinated herd. While a large percentage of individual
animals in the herd may fully respond to FMD vaccination, some
individual animals in the herd may have a limited response,
resulting in partial or no immunity. Therefore, so-called herd
immunity may not always reflect individual animal immunity, and the
disease may still be present in certain animals in a vaccinated
population. As a result, importation of beef from areas in which
cattle are vaccinated for FMD could result in importation of beef
derived from infected animals.
---------------------------------------------------------------------------
The meat is derived from animals born, raised, and
slaughtered in the exporting region.
FMD has not been diagnosed in the exporting region within
the previous 12 months.
The meat comes from bovines or sheep that originated from
premises where FMD has not been present during the lifetime of any
bovines and sheep slaughtered for the export of meat to the United
States.
The meat comes from bovines or sheep that were moved
directly from the premises of origin to the slaughtering establishment
without any contact with other animals.
The meat comes from bovines or sheep that received ante-
mortem and post-mortem veterinary inspections, paying particular
attention to the head and feet, at the slaughtering establishment, with
no evidence found of vesicular disease.
The meat consists only of bovine parts or ovine parts that
are, by standard practice, part of the animal's carcass that is placed
in a chiller for maturation after slaughter and before removal of any
bone, blood clots, or lymphoid tissue. The bovine and ovine parts that
may not be imported include all parts of the head, feet, hump, hooves,
and internal organs.
All bone and visually identifiable blood clots and
lymphoid tissue have been removed from the meat to be exported (bone-in
ovine meat from Uruguay may be imported under certain conditions listed
in the regulations, however).
The meat has not been in contact with meat from regions
other than those listed in accordance with Sec. 94.1(a).
The meat came from carcasses that were allowed to maturate
at 40 to 50 [deg]F (4 to 10 [deg]C) for a minimum of 24 hours after
slaughter and that reached a pH below 6.0 in the loin muscle at the end
of the maturation period. Measurements for pH must be taken at the
middle of both longissimus dorsi muscles. Any carcass in which the pH
does not reach less than 6.0 may be allowed to maturate an additional
24 hours and be retested, and, if the carcass still has not reached a
pH of less than 6.0 after 48 hours, the meat from the carcass may not
be exported to the United States.
An authorized veterinary official of the government of the
exporting region certifies on the foreign meat inspection certificate
that the above conditions have been met.
The establishment in which the bovines and sheep are
slaughtered allows periodic on-site evaluation and subsequent
inspection of its facilities, records, and operations by an APHIS
representative.
Historically, trade in fresh (chilled or frozen) beef from Paraguay
has not been allowed because APHIS has considered Paraguay to be a
country affected with FMD. In response to a request from the Government
of Paraguay that we allow fresh (chilled or frozen) beef to be imported
into the United States from that country, we conducted a risk analysis,
which can be viewed on the internet on the Regulations.gov website or
in our reading room.\2\ APHIS gathered data to support this analysis
from records of the Servicio Nacional de Calidad y Salud Animal
(SENACSA), from publicly available information, and from published
scientific literature. In addition, APHIS conducted site visits to
Paraguay in December 2008 and July 2014 to verify the information
submitted by SENACSA and to collect additional data.
---------------------------------------------------------------------------
\2\ Instructions on accessing Regulations.gov and information on
the location and hours of the reading room may be found at the
beginning of this document under ADDRESSES. You may also request
paper copies of the risk analysis by calling or writing the person
listed under FOR FURTHER INFORMATION CONTACT.
---------------------------------------------------------------------------
We concluded that the overall risk associated with importing fresh
beef from Paraguay is low and that Paraguay has the infrastructure and
emergency response capabilities needed to effectively report, contain,
and eradicate FMD in the event of an outbreak and to do so in a timely
manner. We further concluded that Paraguay is able to comply with U.S.
import restrictions on the specific products from affected areas. Based
on the evidence documented in our risk analysis, we believe that fresh
(chilled or frozen) beef can be safely imported from Paraguay, provided
certain conditions are met. Accordingly, we are proposing to amend the
regulations in Sec. 94.29 to provide for the importation of fresh beef
from Paraguay. Under this proposed rule, fresh beef from Paraguay would
be subject to the same import conditions applicable to fresh beef and
ovine meat from Uruguay (other than bone-in ovine meat imported under
Sec. 94.29(g)(1) through (3)) and fresh beef from the exporting
regions of Argentina and Brazil.
Risk Analysis
Our risk analysis was conducted according to the eight factors
identified in 9 CFR 92.2, ``Application for recognition of the animal
health status of a region or a compartment'': The scope of the
evaluation being requested, veterinary control and oversight, disease
history and vaccination practices, livestock demographics and
traceability, epidemiological separation from potential sources of
infection, surveillance, diagnostic laboratory capabilities, and
emergency preparedness and response. A summary evaluation of each
factor is discussed below. Based on our analysis of these factors, we
have determined that fresh (chilled or frozen) beef can be safely
imported into the United States from Paraguay, under the conditions
specified in Sec. 94.29.
Scope of the Evaluation Being Requested
In addition to reviewing records submitted by SENACSA, publicly
available information, and published scientific literature, APHIS
conducted site visits in December 2008 and July 2014 to verify the
information we reviewed and to collect additional data. The site visits
focused on the veterinary and legal infrastructure of SENACSA, its FMD
control program, border control procedures, disease control measures,
laboratory and diagnostic capabilities, biosecurity procedures on
cattle farms and in slaughter facilities, animal health recordkeeping
systems, movement controls, and disease surveillance systems. The 2014
visit included an evaluation of FMD outbreaks that occurred in 2011 and
2012 and the
[[Page 18079]]
effectiveness of SENACSA's response to the outbreaks.
Veterinary Control and Oversight
Based on our analysis of the data submitted by SENACSA and
observations made during our site visits to Paraguay, we concluded that
the competent veterinary authority of Paraguay is well-organized and
has the legal authority and technical infrastructure in place to carry
out official control, eradication, and quarantine activities at the
central, regional, and local levels. SENACSA is also an active
collaborator with neighboring countries in disease-eradication efforts.
SENACSA has a system of official veterinarians and support staff in
place for carrying out FMD field programs and for import controls and
animal quarantines. It also has a training program for animal health
professionals, frequently in collaboration with the veterinary medical
faculty of the National University. The overall structure and resources
of SENACSA have significantly increased and been strengthened in
reaction to the FMD outbreak in 2012. Following feedback from the World
Organization for Animal Health (WOAH) and the European Union (EU),
SENACSA is also hiring new personnel to expand its workforce.
A very strong partnership exists between the competent authority
and the livestock industry. A large proportion of SENACSA's funding
comes from the private sector in the form of user fees paid by
stakeholders associated with sales of animals or movement permits.
While this funding method allows SENACSA to operate autonomously and
with little political interference, it also makes SENACSA's budget
dependent on user fees. SENACSA is addressing the issue and has
increased its operational budget to U.S. $36 million. Although the
contribution of the treasury department compared to that of the private
sector is small, APHIS found no evidence suggesting that resources from
the private sector could change in the future or that available
resources for FMD control programs would be reduced.
Disease History and Vaccination Practices
APHIS observed that SENACSA has an established program for the
control and prevention of FMD which includes a well-organized
vaccination strategy. The vaccine used in Paraguay has been assessed by
international FMD reference laboratories to be appropriate for the
strains that have been found in the region in the last 15 years.
Serosurveillance has demonstrated adequate levels of immunity in cattle
previously immunized.
Following the 2011/2012 FMD outbreak, SENACSA instituted changes to
its vaccination program. Audits of vaccinators and the vaccine cold
chain were conducted. Vaccination cycles were increased from two to
three annually. The training provided by SENACSA and industry-based
Animal Health Commissions (AHC) prior to each vaccination cycle also
appears to have increased the level of awareness of good vaccination
practices among AHC vaccinators.
Livestock Demographics and Traceability
Paraguay's animal identification system is similar to, and meets
the requirements of, the EU and Chilean markets, both of which have
stringent traceability requirements. Paraguay has two traceability
systems: A mandatory system under SENACSA and an industry-based,
voluntary program called the System for the Identification and
Traceability of Rural Holdings in Paraguay (SITRAP). Under SITRAP,
there have been initiatives undertaken to facilitate and enhance
traceability at slaughter.
Movement controls were well organized and coordinated. Internal
control posts visited were well-equipped with access to
telecommunications and information technology systems. Staff at these
control posts were well aware of movement requirements and followed
established procedures related to movement control. The staff had an
organized and consistent way of assessing each animal transport and
movement. Records at the control posts were well organized, and manuals
of procedures were readily available.
We concluded that Paraguay has a sound system for animal
identification and traceability, premises registration, and animal
movement controls. The system is adequate to provide assurance that the
U.S. import requirements for animals to be born, raised, and
slaughtered in Paraguay can be met.
Epidemiological Separation From Potential Sources of Infection
Many natural barriers, such as large rivers and forest areas, exist
along Paraguay's international and internal borders. These barriers
restrict both animal movement and human traffic and prevent the spread
of disease.
Movement of FMD-susceptible species or products into Paraguay could
occur through international borders where sufficient physical barriers
do not exist, e.g., along some areas bordering Brazil and Argentina.
However, the international borders are actively monitored, and Paraguay
collaborates effectively with neighboring countries to minimize the
risk of introduction of FMD. Border control agreements between Paraguay
and its neighbors have been in place since the 1970s, and efforts
continue to strengthen and harmonize border activities. Sufficient
controls exist at the airports for interdiction of prohibited material
and for prevention of the recycling of confiscated products and
international waste.
With the exception of Chile, APHIS does not consider the countries
of South America to be free of FMD. Coordinated regional FMD control
efforts have been effective in decreasing the incidence of FMD and
limiting it to certain regions, however. Based on the history of the
disease on the continent, Paraguay's veterinary infrastructure, and
SENASCA'S prompt response to the outbreaks in Argentina (2006), Brazil
(2005-2006), and Bolivia (2007), APHIS concluded that it is unlikely
that disease would be introduced from adjacent areas. However, at the
time the risk analysis was prepared, Colombia had just eradicated an
FMD outbreak. As long as FMD is endemic in certain areas in South
America, there is a potential risk of reintroduction of the disease
into the export area.
Surveillance Practices
Our evaluation led us to conclude that Paraguay has a good
epidemiological surveillance system. The surveillance activities
conducted and the use of sound statistical methodologies increase the
likelihood of detection of FMD if it exists in the population.
Paraguay's surveillance system combines both active surveillance
and passive surveillance. Active surveillance consists of annual
seroepidemiological sampling at the national level to verify the
absence of circulating FMD virus. The active surveillance strategy is
updated based on the surveillance objectives for the year. Extensive
serological surveys were also conducted following FMD outbreaks 2003
and 2011/2012 to ensure the absence of circulating FMD virus. Passive
surveillance is based on the notification of vesicular disease by
producers who are required by law to report any suspect cases to their
Local Veterinary Unit, which must then respond within 12 hours of
notification. Indemnification is predicated on this notification by the
producer. Paraguay's passive surveillance efforts are enhanced by the
extensive awareness of
[[Page 18080]]
the clinical signs of FMD among the animal health field staff and
within the industry, as well as the mandatory reporting requirement for
suspect cases of vesicular diseases. SENACSA, producers, and the AHCs
in particular all have a role in passive surveillance efforts.
Additional surveillance comes from herd immunity studies, which are
conducted frequently. Enhanced epidemiological surveillance occurs in
High Surveillance Zones, which were established by Paraguay in
coordination with neighboring countries.
SENACSA has a manual of procedures that provides the field
veterinarians with guidelines for sample collection, animal
identification, aging by dentition, communications, and measures to be
taken in case of reactors or suspect cases. The manual ensures
consistency in surveillance activities and responses to suspects among
field offices.
Diagnostic Laboratory Capabilities
The Directorate General for Laboratories (DIGELAB) is the official
laboratory in Paraguay and is located in the SENACSA headquarters.
Responsibilities include the diagnosis of SENACSA's program diseases
such as FMD, bovine spongiform encephalopathy, tuberculosis,
brucellosis, classical swine fever, and Newcastle disease. DIGELAB's
FMD laboratory is the only laboratory in Paraguay authorized to conduct
diagnostic testing for vesicular diseases, including FMD. Relative to
the FMD program, DIGELAB's Vesicular Diseases Department is responsible
for conducting FMD diagnostic testing of animals as required under
SENACSA's active and passive surveillance strategy, including
surveillance sampling at fairs and shows, as well as testing of animals
for import or export.
APHIS concluded that Paraguay has the diagnostic capabilities to
adequately test samples for the presence of FMD virus. DIGELAB's FMD
laboratory has the necessary infrastructure, equipment, and personnel.
The laboratory staff are well-trained in the diagnosis of vesicular
diseases. Diagnostic test methodologies used in the identification of
vesicular diseases are consistent with WOAH guidelines. All laboratory
standard operating procedures are thorough and systematic, and
documentation is good. The laboratory conducts quality control on all
FMD vaccines, both nationally produced and imported. SENACSA has an
organized recordkeeping system for laboratory data and the ability to
complete and report test results in a timely manner.
Emergency Preparedness and Response
SENACSA has established procedures for rapidly detecting and
responding to FMD emergencies. SENACSA has surveillance and laboratory
programs for early detection of FMD and the necessary infrastructure
for carrying out emergency eradication programs, including an FMD
contingency plan supported by a legal framework and a sufficient
budget. If FMD is confirmed in Paraguay through diagnostic testing, the
National Animal Health Emergency System (SINAESA) is immediately
activated, and a Director of Emergency is appointed to head up the
emergency response effort. SINAESA is responsible for establishing a
chain of command and for identifying and obtaining the necessary
resources to carry out the activities needed to eradicate the disease.
In responding to outbreaks in neighboring countries, as well as during
the 2011/2012 outbreak in Paraguay, SENACSA demonstrated its capacity
for rapid and effective emergency response.
The above findings are detailed in the risk analysis document. The
risk analysis explains the factors that have led us to conclude that
fresh (chilled or frozen) beef may be safely imported from Paraguay
under the conditions enumerated above. It also establishes that
Paraguay has adequate veterinary infrastructure in place to prevent,
control, report, and manage FMD outbreaks. Therefore, we are proposing
to amend Sec. 94.29 to allow the importation of fresh beef from
Paraguay under the conditions described above.
Executive Orders 12866, 13563, and Regulatory Flexibility Act
This proposed rule has been determined to be significant for the
purposes of Executive Order 12866 and, therefore, has been reviewed by
the Office of Management and Budget (OMB).
We have prepared an economic analysis for this rule. The economic
analysis provides a cost-benefit analysis, as required by Executive
Orders 12866 and 13563, which direct agencies to assess all costs and
benefits of available regulatory alternatives and, if regulation is
necessary, to select regulatory approaches that maximize net benefits
(including potential economic, environmental, public health and safety
effects, and equity). Executive Order 13563 emphasizes the importance
of quantifying both costs and benefits, of reducing costs, of
harmonizing rules, and of promoting flexibility. The economic analysis
also provides an initial regulatory flexibility analysis that examines
the potential economic effects of this rule on small entities, as
required by the Regulatory Flexibility Act.
Based on the information we have, there is no reason to conclude
that adoption of this proposed rule would result in any significant
economic effect on a substantial number of small entities. However, we
do not currently have all of the data necessary for a comprehensive
analysis of the effects of this proposed rule on small entities.
Therefore, we are inviting comments on potential effects. In
particular, we are interested in determining the number and kind of
small entities that may incur benefits or costs from the implementation
of this proposed rule.
Introduction
This analysis examines potential economic impacts of a proposed
rule that would allow fresh (chilled or frozen) beef from Paraguay to
be imported into the United States provided certain conditions are met.
APHIS currently considers the whole territory of Paraguay to be a
region where FMD exists. With few exceptions, APHIS' regulations in
part 94 prohibit the importation of fresh (chilled or frozen) meat of
ruminants or swine that originates in or transits a region where FMD is
considered to exist. APHIS does not consider Paraguay as free of FMD
because Paraguay vaccinates against FMD. As explained in detail earlier
in this document, the vaccination requirement could result in infected
animals being imported into the United States.
This document provides a benefit-cost analysis, as required by
Executive Orders 12866 and 13563, which direct agencies to assess all
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits (including potential economic, environmental, public
health and safety effects, and equity). Executive Order 13563
emphasizes the importance of quantifying both costs and benefits, of
reducing costs, of harmonizing rules, and of promoting flexibility.
This document also examines the potential economic effects of the rule
on small entities, as required by the Regulatory Flexibility Act.
Overview of the Action and Affected Entities
U.S. Beef Production and Trade
The United States is the largest beef producer in the world and
produces
[[Page 18081]]
primarily grain-fed beef for the domestic and export markets. Over the
period 2016 to 2020, U.S. beef production averaged 12 million metric
tons (MT); exports 1.4 million MT; and imports 1.3 million MT (Table
1).
Table 1--U.S. Beef Production, Exports, and Imports
[2016 to 2020]
----------------------------------------------------------------------------------------------------------------
Year Production Imports Exports
----------------------------------------------------------------------------------------------------------------
Metric tons
-----------------------------------------------
2016............................................................ 11,468,481 1,365,986 1,159,637
2017............................................................ 11,904,762 1,357,370 1,296,599
2018............................................................ 12,216,780 1,359,637 1,433,107
2019............................................................ 12,346,485 1,386,848 1,372,336
2020............................................................ 12,355,556 1,515,646 1,338,322
-----------------------------------------------
5-year average.............................................. 12,058,413 1,397,098 1,320,000
----------------------------------------------------------------------------------------------------------------
Source: U.S. Department of Agriculture (USDA), World Agricultural Outlook Board, ``World Agricultural Supply and
Demand Estimates'' and supporting materials; U.S. Department of Commerce, Bureau of Economic Analysis
(population); and USDA, Economic Research Service.
Most U.S. beef imports are grass-fed beef that is processed
together with higher-fat trimmings from U.S. grain-fed beef to produce
ground beef. Canada, Australia, New Zealand, and Mexico historically
have been the largest sources of U.S. beef imports (Table 2). Entry of
beef from Paraguay into the U.S. beef market would result in a change
in market shares.
In terms of exports, between 2016 and 2020 the top destinations for
U.S. beef were Japan (362,071 MT); South Korea (264,780 MT); Mexico
(181,982 MT); Hong Kong (156,025 MT); and Canada (133,316 MT).
Table 2--U.S. Beef Imports From Principal Supply Countries
[2016 to 2020; 1,000 MT]
--------------------------------------------------------------------------------------------------------------------------------------------------------
Country 2016 2017 2018 2019 2020 Average
--------------------------------------------------------------------------------------------------------------------------------------------------------
1,000 Metric tons, carcass weight equivalent
-----------------------------------------------------------------------------------------------
Canada.................................................. 325.37 336.01 358.91 384.31 374.15 355.75
Australia............................................... 347.74 315.02 305.08 324.85 300.50 318.64
Mexico.................................................. 223.67 259.99 230.36 262.90 295.25 254.44
New Zealand............................................. 277.67 252.48 259.54 181.77 233.73 241.04
Brazil.................................................. 69.22 62.39 63.92 74.01 100.20 73.95
Nicaragua............................................... 50.43 60.44 71.07 82.83 85.83 70.12
Uruguay................................................. 54.72 54.61 51.91 53.89 66.73 56.37
Other Countries......................................... 16.42 15.81 18.20 21.57 58.39 26.07
-----------------------------------------------------------------------------------------------
Total............................................... 1,365.24 1,356.75 1,358.99 1,386.13 1,514.78 1,396.38
--------------------------------------------------------------------------------------------------------------------------------------------------------
Source: USDA ERS carcass weight equivalent calculations using data from U.S. Department of Commerce, Bureau of the Census.
Note: Quantities include some processed beef and veal.
Paraguay's Beef Production and Trade
Historically, beef cattle production has been one of the major
agricultural activities in Paraguay with beef and soybeans being the
leading exports. Paraguay recently surpassed Argentina for eighth place
among the world's largest beef exporters. The Paraguayan beef industry
is focused on exports with about 40 percent of the production consumed
domestically. Paraguay ships roughly 90 percent of its beef to just
five markets: Chile, Russia, Israel, Taiwan and Brazil. Today, cattle
are being displaced from traditional production areas in Paraguay
because of a steady increase in soybean acreage. Since the 1990s, there
has also been increased grain supplementation of beef cattle feeding
regimes in Paraguay.
For the period 2016 to 2020, Paraguay's average annual production
was 582,000 MT, with domestic consumption averaging 224,000 MT, or
about 40 percent of production (Table 3). Exports averaged 372,000 MT
per year. Paraguay's average exports of 372,000 MT for the 2016 to 2020
period is equivalent to approximately 26 percent of U.S. fresh beef
imports for the same period.
The quantity of fresh beef expected to be imported into the United
States from Paraguay, ranging from 3,250 to 6,500 MT, is equivalent to
about 0.05 percent of U.S. average annual fresh beef production, about
0.05 percent of U.S. average annual imports of fresh beef, and about
0.50 percent of average annual exports of fresh beef, 2016 to 2020.
[[Page 18082]]
Table 3--Paraguay's Beef Production, Exports, and Imports
[2016 to 2020]
----------------------------------------------------------------------------------------------------------------
Year Production Consumption Imports Exports
----------------------------------------------------------------------------------------------------------------
1,000 Metric tons
---------------------------------------------------------------
2013............................................ 510 186 2 326
2014............................................ 570 183 2 389
2015............................................ 590 210 1 381
2016............................................ 610 222 2 390
2017............................................ 610 223 1 380
---------------------------------------------------------------
Average..................................... 578 231 2 373
----------------------------------------------------------------------------------------------------------------
Source: Compiled from various GAIN Reports of the USDA Foreign Agricultural Service using carcass weight
equivalent data.
Expected Benefits and Costs of the Rule
For this analysis, we use a non-spatial, net trade, partial
equilibrium approach to welfare analysis to compute expected impacts of
the rule on U.S. producers and consumers of fresh beef. In this
section, we describe assumptions and parameters of the welfare
analysis, including the baseline price and quantities, projected
imports from Paraguay, and domestic price elasticities of demand and
supply. We then discuss the modeling results. The model evaluates how
domestic market prices and quantities may adjust to the policy change,
and how producers and consumers may potentially be impacted.
We assume that demand and supply functions are approximately linear
near the initial equilibrium point. For small parallel shifts in supply
and demand, this assumption results in reasonably accurate measures of
consumer and producer surplus changes. Beef imports from Paraguay will
affect prices and quantities of fresh beef on the U.S. market, and
therefore result in welfare impacts as reflected in changes in consumer
and producer surplus. Consumer surplus is the difference between what
the consumer pays for a unit of a good or service and the maximum price
that the consumer would be willing to pay for that unit. Producer
surplus is the difference between the price a producer is paid for
supplying a unit of a good or service and the minimum price that the
producer would be willing to accept to supply that unit.
Our analysis is non-spatial in that the price and quantity effects
obtained from the model are assumed to be average effects across
geographically separate markets. Partial equilibrium means that the
model results are based on maintaining a commodity-price equilibrium in
a limited portion of the overall economy. All other economic sectors
not explicitly included in the model are assumed to have a negligible
influence on the model results. A partial equilibrium analysis is
appropriate because the rule is specific to imports of fresh beef from
Paraguay and is therefore expected to have only limited effects on
other sectors of the economy.
Baseline data for fresh beef are shown in Tab1e 4. Baseline
quantities are based on 5-year averages, 2016 through 2020. Domestic
supply is equated to fresh beef production minus exports, where fresh
beef exports are set equal to zero. In a net trade model, such as the
one applied in this analysis, a country is identified as either a net
exporter or a net importer of a particular commodity. In this instance,
U.S. fresh beef exports are not included as part of domestic supply in
the baseline in order to quantify the effects of permitting fresh beef
imports from Paraguay. Domestic demand for fresh beef is equated to
fresh production less exports plus imports. The baseline price is the
5-year average U.S. custom import value for fresh beef, 2016 through
2020.\3\
---------------------------------------------------------------------------
\3\ The custom import value is defined as the price actually
paid or payable for merchandise when sold for exportation, excluding
import duties, freight, insurance, and other charges incurred in
bringing the merchandise to the importing country.
Table 4--U.S. Fresh Beef Baseline Data: Production, Imports, Exports, Domestic Consumption, and Price in 2016
Dollars
[2016 to 2020]
----------------------------------------------------------------------------------------------------------------
Domestic
Year Production Imports Exports supply Price per MT
----------------------------------------------------------------------------------------------------------------
Metric tons
-------------------------------------------------------------------------------
2016............................ 11,468,481 1,365,986 1,159,637 11,674,830 6,988
2017............................ 11,904,762 1,357,370 1,296,599 11,965,533 7,092
2018............................ 12,216,780 1,359,637 1,433,107 12,143,311 7,248
2019............................ 12,346,485 1,386,848 1,372,336 12,360,998 7,533
2020............................ 12,355,556 1,515,646 1,338,322 12,532,880 8,063
-------------------------------------------------------------------------------
5 year average.............. 12,058,413 1,397,098 1,320,000 12,135,510 7,385
----------------------------------------------------------------------------------------------------------------
Source: USDA, World Agricultural Outlook Board, ``World Agricultural Supply and Demand Estimates'' and
supporting materials; U.S. Department of Commerce, Bureau of Economic Analysis (population); and USDA,
Economic Research Service.
For this analysis, we use price elasticities of demand and supply
for fresh beef of -1.52 and 0.34, respectively.\4\ In the short run,
beef producers' responsiveness is inelastic due to limitations in
adjusting supply to
[[Page 18083]]
market changes. In the long run, producers are better able to respond
to changes in price associated with increased market supply. Likewise,
a more price-elastic long-run demand would be indicative of increased
price responsiveness of consumers over time.
---------------------------------------------------------------------------
\4\ Paarlberg, Philip L., Ann Hillberg Seitzinger, John G. Lee,
and Kenneth H. Mathews, Jr. Economic Impacts of Foreign Animal
Disease. Economic Research Report Number 57. USDA ERS, May 2008.
---------------------------------------------------------------------------
As a measure of possible impacts of fresh beef imports from
Paraguay, we consider import volumes of 3,250 to 6,500 MT (5 to 10
percent of the other countries tariff rate quota of 65,005 \5\). For
each of the three annual import levels, we modeled changes in U.S.
consumption, production, price, consumer welfare, producer welfare, and
net social welfare gain (Table 5). In each case, consumer welfare gains
outweigh producer welfare losses with positive net welfare impacts.
Producer welfare losses under the three import levels range between $12
and $23 million. Consumer welfare gains range between $13 and $26
million with net welfare gains of between $1.3 and $3.0 million. Beef
imports from Paraguay may displace imports from other countries.
---------------------------------------------------------------------------
\5\ Harmonized Tariff Schedule of the United States (2018)
Revision 4, Chapter 2, Meat and Edible Meat Offal. The tariff rate
quota provides preferential-duty access for certain named countries
and a category of countries grouped as Other Countries or Areas. The
combined annual quantity of beef allowed to be imported from Other
Countries or Areas is limited to 65,005 MT.
Table 5--Modeled Impacts for U.S. Fresh Beef Production, Consumption, Price, and Consumer and Producer Welfare,
Assuming Fresh Beef Imports From Paraguay
[Of 3,250 MT, 4,875 MT, and 6,500 MT]
----------------------------------------------------------------------------------------------------------------
----------------------------------------------------------------------------------------------------------------
Assumed annual fresh beef imports from Paraguay........ 3,250 4,875 6,500
Change in U.S. consumption, MT......................... 2,715 4,072 5,430
Change in U.S. production, MT.......................... -535 -803 -1,070
Change in domestic price of fresh beef, dollars per MT. ($1.09) ($1.63) ($2.17)
% Change in domestic price............................. -0.0147 -0.0221 -0.0294
Change in consumer welfare............................. $13,179,777 $19,770,771 $26,362,502
Change in producer welfare............................. ($11,660,864) ($17,491,078) ($23,321,146)
Annual net benefit..................................... $1,518,913 $2,279,694 $3,041,356
----------------------------------------------------------------------------------------------------------------
Alternatives to the Rule
We considered alternatives to the chosen course of action,
including maintaining the current prohibition on imports of fresh beef
from Paraguay and using the WOAH recommendations to determine import
requirements. Continuing to prohibit fresh beef imports from Paraguay
is not defensible, given that a complete restriction on imports is
unnecessary for safeguarding the U.S. cattle industry provided certain
conditions are met. We therefore reject the status quo alternative.
A second alternative considered by APHIS would be to allow fresh
beef to enter from Paraguay under trade recommendations established by
the WOAH. The WOAH recommendations, however, do not meet the acceptable
level of protection of the United States.
FMD is a highly contagious disease caused by a resilient virus
readily transmitted to all cloven-hoofed animals. There are few
effective mitigation measures to guard against the risk of exposure of
susceptible U.S. livestock if FMD-infected animals or products
contaminated with the FMD virus were imported into the United States.
APHIS has determined therefore that a cautious approach to allowing
fresh beef imports from regions that vaccinate for FMD is warranted.
As noted earlier, the position of the United States is that a
country that vaccinates for FMD is not free of the disease. Vaccination
of cattle against FMD introduces risks related to the immunological
response within the vaccinated herd. While a large percentage of
individual animals in the herd may fully respond to FMD vaccination,
some individual animals in the herd may have a limited response,
resulting in partial or no immunity. Therefore, so-called herd immunity
may not always reflect individual animal immunity, and the disease may
still be present in certain animals in a vaccinated population. As a
result, importation of beef from areas in which cattle are vaccinated
for FMD could result in importation of beef derived from infected
animals.
Under the World Trade Organization Sanitary and Phytosanitary
Agreement, Member Countries are encouraged to base their import
requirements on international recommendations but maintain the right to
adopt additional measures provided that they are based on science, are
transparent in the way they are developed and implemented, and do not
arbitrarily or unjustifiably discriminate among members. APHIS does not
recognize a country that vaccinates for FMD as free of the disease
because vaccination may mask clinical signs. The virus can remain
present but undetected in vaccinated populations. APHIS regulations
allow for the importation of meat and meat products from regions that
vaccinate for FMD provided that these products are processed in such a
way as to ensure the inactivation of the FMD virus.
If APHIS were to follow the WOAH recommendations, we expect that
fresh beef imports from Paraguay would tend toward the upper end of the
3,250 to 6,500 MT range; more cattle and larger quantities of beef
would likely qualify for export to the United States because the import
sanitary requirements would be less stringent. Fresh beef imports from
Paraguay exceeding 6,500 MT would enter under a higher tariff rate.
Under the modeled 6,500 MT scenario, wholesale beef price would
decrease by 0.03 percent. U.S. beef production would decline by
approximately 1,000 MT or less than a percent of total U.S beef
production.
We reject this alternative to the rule for reasons other than
disproportionate economic impact and because it does not meet APHIS'
determination of necessary sanitary requirements for the importation of
fresh beef from Paraguay. The preferred alternative has been analyzed
using the limited information available. We cannot certify that this
rule would have no disproportionate impact on small entities, but at
this time have found no evidence that it would have such impacts.
Initial Regulatory Flexibility Analysis
The Regulatory Flexibility Act requires agencies to evaluate the
potential effects of their proposed and final rules on small
businesses, small organizations and small governmental jurisdictions.
This initial regulatory flexibility analysis describes expected impacts
of this proposed rule on small entities, as required by section 603 of
the Act.
[[Page 18084]]
Reasons Action Is Being Considered
In response to a request from the Government of Paraguay that fresh
(chilled or frozen) beef be allowed to be imported into the United
States from Paraguay, APHIS conducted a risk analysis to enable APHIS
to develop appropriate regulatory conditions with mitigations to
address potential risks of FMD disease introduction following any
initiation of trade in fresh beef from Paraguay. In the analysis APHIS
considered the epidemiological characteristics of FMD that are relevant
to the risk of importing fresh and frozen beef under certain conditions
into the United States and described appropriate mitigations to reduce
that risk. The mitigations to be applied include restrictions on the
origin of animals, requirements for maturation and pH testing of
carcasses, ante-mortem and post-mortem inspections, and verification by
Paraguayan officials that the various mitigations were applied
appropriately. APHIS concluded from the assessments that the
surveillance, prevention, and control measures implemented by the
Government of Paraguay are sufficient and that fresh beef imported from
Paraguay under the additional mitigation measures imposed by the
proposed action will be safe. It is highly unlikely that such imports
from Paraguay will introduce or disseminate FMD within the United
States. As of 2020, there are more than 70 markets opened to Paraguayan
beef. Cattlemen in Paraguay and the Government of Paraguay aim at
opening in the future important markets such as China, NAFTA countries,
and South Korea.\6\
---------------------------------------------------------------------------
\6\ Paraguay Beef & Cattle Outlook 2020: https://beef2live.com/story-paraguay-beef-cattle-annual-0-206336.
---------------------------------------------------------------------------
Objectives of and Legal Basis for the Rule
With a few exceptions, APHIS regulations in 9 CFR part 94 prohibit
the importation of fresh (chilled or frozen) meat of ruminants or swine
that originates in or transits a region where FMD is considered to
exist. APHIS does not consider Paraguay free of FMD because Paraguay
vaccinates against FMD. The proposed rule would allow the importation
of fresh (chilled or frozen) beef from Paraguay under certain
conditions designed to ensure beef exported to the United States will
not harbor FMD virus. In accordance with the Animal Health Protection
Act (7 U.S.C. 8301 et seq.), the Secretary of Agriculture has the
authority to promulgate regulations and take measures to prevent the
introduction of contagious animal diseases into the United States by
means of import restrictions.
Potentially Affected Small Entities
Entities that could be primarily affected by the proposed rule are
beef and cattle producers, as well as feedlots and slaughter
facilities. Of the 882,692 farms \7\ in the United States with cattle
and calves, 711,827 sold cattle and calves, 729,0466 were classified as
beef cow farms, and 54,599 had milk cows.\8\ Based on data from the
2017 Census of Agriculture and Small Business Administration (SBA)
standards,\9\ we expect a majority of these entities to be small.
Entities in the categories beef cattle ranching and farming (NAICS
112111) and dairy cattle and milk production (NAICS 112120) are
considered small if their total annual sales do not exceed $1 million.
The 2017 Census of Agriculture indicates that 99 percent of beef cattle
operations are classified as small; of the 582,380 (farms with sales)
farms classified under the beef cattle ranching and farming category,
99 percent had annual sales of less than $1 million. Of the 47,237
dairy operations, 95 percent are classified as small. Entities in the
category cattle feedlots (NAICS 112112) are considered small if they
have total annual sales of not more than $8 million. Sales were not
available for farms operating as feedlots. Entities classified as
animal (except poultry) slaughtering (NAICS 311611) with not more than
1,000 employees are considered small by SBA standards. The 2012
Economic Census reports 1,494 establishments in this category. Of this
number, 1,357 establishments (96 percent) had fewer than 1,000
employees.\10\ Thus, the majority of slaughter establishments are
considered small by SBA standards.
---------------------------------------------------------------------------
\7\ Represents all farms that held cattle inventory whether or
not they sold cattle.
\8\ U.S. 2017 Agriculture Census, tables 12, 13, 14, 16, https://www.nass.usda.gov/Publications/AgCensus/2017/Full_Report/Volume_1,_Chapter_1_US/st99_1_0011_0012.pdf. https://www.nass.usda.gov/Publications/AgCensus/2017/Full_Report/Volume_1,_Chapter_1_US/st99_1_0013_0014.pdf. https://www.nass.usda.gov/Publications/AgCensus/2017/Full_Report/Volume_1,_Chapter_1_US/st99_1_0015_0016.pdf.
\9\ Small Business Administration size standards: https://www.sba.gov/document/support-table-size-standards.
\10\ U.S. Bureau of Census, 2018 County Business Pattern Survey:
https://data.census.gov/cedsci/tablen=311611&tid=CBP2018.CB1800CBP.
---------------------------------------------------------------------------
Projected Reporting, Recordkeeping, and Other Compliance Requirements
Reporting and recordkeeping requirements associated with the
proposed rule are discussed in the proposed rule under the heading
``Paperwork Reduction Act.''
Duplication, Overlap, or Conflict With Existing Rules and Regulations
APHIS has not identified any duplication, overlap, or conflict of
the proposed rule with other Federal rules.
Alternatives To Minimize Significant Economic Impacts of the Rule
For the purposes of this Initial Regulatory Flexibility Analysis,
we have used the best data available to examine feasible ways to
achieve the desired policy goals. We cannot certify that this rule
would have no disproportionate impact on small entities, but at this
time have found no evidence that it would have such impacts.
We recognize we may not have all relevant information concerning
economic impacts at this time. Therefore, we invite public comment on
any additional relevant information. We also invite public comments on
alternatives that may achieve the objective of this proposed rule.
Executive Order 12988
This proposed rule has been reviewed under Executive Order 12988,
Civil Justice Reform. If this proposed rule is adopted: (1) All State
and local laws and regulations that are inconsistent with this rule
will be preempted; (2) no retroactive effect will be given to this
rule; and (3) administrative proceedings will not be required before
parties may file suit in court challenging this rule.
Executive Order 13175
This rule has been reviewed in accordance with the requirements of
Executive Order 13175, Consultation and Coordination with Indian Tribal
Governments. The review reveals that this rule will not have
substantial and direct effects on Tribal governments and will not have
significant Tribal implications.
In 2020, APHIS informed Tribal leaders of the proposed action and
solicited comments and questions. APHIS did not receive any comments or
questions from Tribal leaders in response. APHIS worked with the APHIS
Office of the National Tribal Liaison to conduct the outreach in 2020
and also hosted a Tribal listening session on October 17, 2022, about
the proposed rule. If a tribe requests consultation in the future,
APHIS will work with the Office of Tribal Relations to ensure
meaningful consultation is provided.
[[Page 18085]]
National Environmental Policy Act
To provide the public with documentation of APHIS' review and
analysis of any potential environmental impacts associated with the
importation of fresh (chilled or frozen) beef from Paraguay, we have
prepared an environmental assessment. The environmental assessment was
prepared in accordance with: (1) The National Environmental Policy Act
of 1969 (NEPA), as amended (42 U.S.C. 4321 et seq.), (2) regulations of
the Council on Environmental Quality for implementing the procedural
provisions of NEPA (40 CFR parts 1500-1508), (3) USDA regulations
implementing NEPA (7 CFR part 1b), and (4) APHIS' NEPA Implementing
Procedures (7 CFR part 372).
The environmental assessment may be viewed on the Regulations.gov
website or in our reading room. (A link to Regulations.gov and
information on the location and hours of the reading room are provided
under the heading ADDRESSES at the beginning of this proposed rule.) In
addition, copies may be obtained by calling or writing to the
individual listed under FOR FURTHER INFORMATION CONTACT.
Paperwork Reduction Act
In accordance with section 3507(d) of the Paperwork Reduction Act
of 1995 (44 U.S.C. 3501 et seq.), reporting and recordkeeping
requirements included in this proposed rule have been submitted for
approval to OMB. Written comments and recommendations for the proposed
information collection should be sent within 60 days of publication of
this notice to www.reginfo.gov/public/do/PRAMain. Find this particular
information collection by selecting ``Currently under 60-day Review--
Open for Public Comments'' or by using the search function. Please send
a copy of your comments to: (1) Docket No. APHIS-2018-0007, Regulatory
Analysis and Development, PPD, APHIS, Station 3A-03.8, 4700 River Road
Unit 118, Riverdale, MD 20737-1238, and (2) Clearance Officer, OCIO,
USDA, Room 404-W, 14th Street and Independence Avenue SW, Washington,
DC 20250.
APHIS is proposing to amend the regulations in Sec. 94.29 to
provide for the importation of fresh (chilled or frozen) beef from
Paraguay. Under this proposed rule, fresh beef from Paraguay would be
subject to the same import conditions applicable to fresh beef and
ovine meat from Uruguay (other than bone-in ovine meat imported under
Sec. 94.29(g)(1) through (3)) and fresh beef from the exporting
regions of Argentina and Brazil. The importation of fresh beef from
Paraguay will require information collection activities such as the
completion and signature of Foreign Meat Inspection Certificates by an
authorized veterinary official of the Government of Paraguay and onsite
evaluations and inspections of operations, records, and processing
facilities to ensure they are following the procedures necessary to
lead to the results listed in the Foreign Meat Inspection Certificate.
The certificate, evaluation, and inspection ensure that exported fresh
beef from Paraguay poses negligible risk of introducing disease into
the United States. If this action is finalized and OMB approves of this
information collection package, APHIS plans to merge this information
collection into OMB control number 0579-0372, Importation of Beef and
Ovine Meat from Uruguay and Beef from Argentina and Brazil.
We are soliciting comments from the public (as well as affected
agencies) concerning our proposed information collection and
recordkeeping requirements. These comments will help us:
(1) Evaluate whether the proposed information collection is
necessary for the proper performance of our agency's functions,
including whether the information will have practical utility;
(2) Evaluate the accuracy of our estimate of the burden of the
proposed information collection, including the validity of the
methodology and assumptions used;
(3) Enhance the quality, utility, and clarity of the information to
be collected; and
(4) Minimize the burden of the information collection on those who
are to respond (such as through the use of appropriate automated,
electronic, mechanical, or other technological collection techniques or
other forms of information technology; e.g., permitting electronic
submission of responses).
Estimate of burden: Public burden for this collection of
information is estimated to average 1.3 hours per response.
Respondents: Authorized veterinary officials employed by the
Government of Paraguay and beef producers in Paraguay.
Estimated annual number of respondents: 2.
Estimated annual number of responses per respondent: 1.
Estimated annual number of responses: 3.
Estimated total annual burden on respondents: 4 hours. (Due to
averaging, the total annual burden hours may not equal the product of
the annual number of responses multiplied by the estimate of burden.)
A copy of the information collection may be viewed on the
Regulations.gov website or in our reading room. (A link to
Regulations.gov and information on the location and hours of the
reading room are provided under the heading ADDRESSES at the beginning
of this proposed rule.) Copies can also be obtained from Mr. Joseph
Moxey, APHIS' Paperwork Reduction Act Coordinator, at (301) 851-2483.
APHIS will respond to any information collection review-related
comments in the final rule. All comments will also become a matter of
public record.
E-Government Act Compliance
The Animal and Plant Health Inspection Service is committed to
compliance with the E-Government Act to promote the use of the internet
and other information technologies, to provide increased opportunities
for citizen access to Government information and services, and for
other purposes. For trade partners who have fully automated systems,
APHIS will accept computer extracts of electronic health certification
data. These certificates are included in the government-wide use of the
International Trade Data System via the Automated Commercial
Environment to improve business operations and further Agency missions.
Respondents are free to maintain required records as best suited for
their organization. For information pertinent to E-Government Act
compliance related to this proposed rule, please contact Mr. Joseph
Moxey, APHIS' Paperwork Reduction Act Coordinator, at (301) 851-2483.
List of Subjects in 9 CFR Part 94
Animal diseases, Imports, Livestock, Meat and meat products, Milk,
Poultry and poultry products, Reporting and recordkeeping requirements.
Accordingly, we propose to amend 9 CFR part 94 as follows:
PART 94--FOOT-AND-MOUTH DISEASE, NEWCASTLE DISEASE, HIGHLY
PATHOGENIC AVIAN INFLUENZA, AFRICAN SWINE FEVER, CLASSICAL SWINE
FEVER, SWINE VESICULAR DISEASE, AND BOVINE SPONGIFORM
ENCEPHALOPATHY: PROHIBITED AND RESTRICTED IMPORTATIONS
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1. The authority citation for part 94 continues to read as follows:
Authority: 7 U.S.C. 1633, 7701-7772, 7781-7786, and 8301-8317;
21 U.S.C. 136 and 136a; 31 U.S.C. 9701; 7 CFR 2.22, 2.80, and 371.4.
[[Page 18086]]
Sec. 94.29 [Amended]
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2. Section 94.29 is amended as follows:
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a. In the introductory text, by adding the words ``fresh (chilled or
frozen) beef from Paraguay;'' after the word ``Tocantins;'';
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b. In paragraph (a)(1), by adding the words ``or in Paraguay;'' after
the word ``Brazil''; and
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c. In paragraph (b), by adding the words ``in Paraguay (for beef from
Paraguay),'' after the words ``(for beef from Brazil),''.
Done in Washington, DC, this 17th day of March 2023.
Jennifer Moffitt,
Under Secretary for Marketing and Regulatory Programs.
[FR Doc. 2023-05889 Filed 3-24-23; 8:45 am]
BILLING CODE 3410-34-P