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Federal Register/Vol. 86, No. 133/Thursday, July 15, 2021/Rules 37216 Federal Register / Vol. 86, No. 133 / Thursday, July 15, 2021 / Rules and Regulations increase and determine whether it DEPARTMENT OF AGRICULTURE under 9 CFR part 392, requesting that should be continued in the future. FSIS amend 9 CFR 352.1(k) to include As stated above and in the proposed Food Safety and Inspection Service yak under the definition of an ‘‘exotic rule, while the assessment rate is animal.’’ The petitioner stated that effective for an indefinite period of time, 9 CFR Part 352 because FSIS had voluntarily inspected the Committee will continue to meet [Docket No. FSIS–2019–0028] yak for many years, it had created an prior to or during each fiscal period to expectation among breeders and buyers recommend a budget of expenses and RIN 0583–AD73 that FSIS would continue to inspect yak. On November 21, 2014, IYAK consider recommendations for Inspection of Yak and Other Bovidae, submitted additional supporting data.2 modification of the assessment rate. Cervidae, and Camelidae Species USDA will evaluate Committee IYAK had surveyed United States yak recommendations and other available AGENCY: Food Safety and Inspection producers and found that continued information to determine whether Service, USDA. FSIS inspection of yak meat was critical modification of the assessment rate is ACTION: Final rule. to the industry as a whole. needed. Notice and comment After reviewing the petition and rulemaking to adjust the assessment rate SUMMARY: The Food Safety and supporting data, FSIS decided to grant would be undertaken as necessary. Inspection Service (FSIS) is amending the petition, and stated that it would its regulations to define yak and include continue to voluntarily inspect yak Accordingly, no changes will be made it among ‘‘exotic animals’’ eligible for to the rule as proposed. while FSIS went through rulemaking to voluntary inspection under 9 CFR part add yak to the list of exotic animals A small business guide on complying 352. This change is in response to a eligible for voluntary inspection.34 with fruit, vegetable, and specialty crop petition for rulemaking from a yak In the proposed rule, FSIS also marketing agreements and orders may industry association, which FSIS be viewed at: https://www.ams. requested comments on whether the granted in 2015. Additionally, FSIS is regulations should be amended to list as usda.gov/rules-regulations/moa/small- revising the definitions of antelope, businesses. Any questions about the eligible for voluntary inspection all bison, buffalo, catalo, deer, elk, farm-raised species in the biological compliance guide should be sent to reindeer, and water buffalo to make Richard Lower at the previously families Cervidae (e.g., moose, all deer them more scientifically accurate. and elk), all Bovidae not currently mentioned address in the FOR FURTHER Moreover, FSIS is responding to subject to mandatory inspection (e.g., INFORMATION CONTACT section. comments on whether all farmed-raised water buffalo and impalas), and After consideration of all relevant species in the biological families Camelidae (e.g., camel, llama, and material presented, including the Bovidae, Cervidae, and Camelidae, if alpaca). And, based on interest from information and recommendation not already subject to mandatory stakeholders, FSIS requested comment submitted by the Committee and other inspection, should be eligible for as to whether any species in these available information, it is hereby found voluntary inspection, and whether any families, if not currently subject to that this rule will tend to effectuate the species in these families should be mandatory inspection, should be. FSIS declared policy of the Act. added to the list of amenable species already requires the inspection of some requiring mandatory inspection. List of Subjects in 7 CFR Part 925 species of the biological family Bovidae DATES: Effective September 13, 2021. under the Federal Meat Inspection Act Grapes, Marketing agreements, FOR FURTHER INFORMATION CONTACT: (FMIA) (21 U.S.C. 601(w)). These Reporting and recordkeeping Rachel Edelstein, Assistant species include cattle, sheep, and goats. requirements. Administrator, Office of Policy and After considering the comments For the reasons set forth in the Program Development by telephone at received on the proposed rule, preamble, 7 CFR part 925 is amended as (202) 205–0495. discussed below, FSIS is finalizing the follows: SUPPLEMENTARY INFORMATION: proposed rule with some changes. In Background response to public comment, the final PART 925—GRAPES GROWN IN A rule will also amend 9 CFR 352.1 to DESIGNATED AREA OF On June 1, 2020, FSIS proposed to revise the definitions of antelope (9 CFR SOUTHEASTERN CALIFORNIA amend its regulations (9 CFR 352.1) to 352.1(c)), bison (9 CFR 352.1 (e)), add yak to its list of ‘‘exotic animals’’ buffalo (9 CFR 352.1(f)), catalo (9 CFR ■ 1. The authority citation for 7 CFR eligible for voluntary inspection (85 FR 352.1(g)), deer (9 CFR 352.1(j)), elk (9 part 925 continues to read as follows: 33034, June 1, 2020). FSIS proposed to CFR 352.1(l)), reindeer (9 CFR 352.1(x)), Authority: 7 U.S.C. 601–674. define yak as a long-haired bovid animal and water buffalo (9 CFR 352.1(aa)) to originally found throughout the ■ make them more taxonomically 2. Section 925.215 is revised to read Himalaya region of southern Central accurate. as follows: Asia and the Tibetan Plateau. The Responses to Comments § 925.215 Assessment rate. proposed rule explained that while yak was not listed in the regulations as an FSIS received seven comments from On and after January 1, 2021, an ‘‘exotic animal,’’ the Agency has individuals, a yak producer, and a llama assessment rate of $0.040 per 18-pound inspected yak under its voluntary lug is established for grapes grown in a program for several years. 2 IYAK asked that the supporting data remain designated area of southeastern As FSIS explained in the proposed confidential because it contains proprietary California. rule, on September 3, 2014, the information. International Yak Association (IYAK) 3 See: https://www.fsis.usda.gov/wps/wcm/ Bruce Summers, connect/aa5f69d7-ddc6-44bc-9ff3-bc9489fcd338/ submitted a petition for rulemaking,1 Administrator, Agricultural Marketing IYAK-FSIS-response-120314.pdf?MOD=AJPERES. Service. 4 See: https://www.fsis.usda.gov/wps/wcm/ 1 See: https://www.fsis.usda.gov/wps/wcm/ connect/c109452f-4497-4144-815e-6a382b94a113/ [FR Doc. 2021–14731 Filed 7–14–21; 8:45 am] connect/db2ac10c-7b92-4bb4-a0d3-885641738711/ FSIS-Final-Response-IAK- BILLING CODE 3410–02–P Petition-YAK-112014.pdf?MOD=AJPERES. 080315.pdf?MOD=AJPERES. VerDate Sep<11>2014 15:50 Jul 14, 2021 Jkt 253001 PO 00000 Frm 00004 Fmt 4700 Sfmt 4700 E:\FR\FM\15JYR1.SGM 15JYR1 khammond on DSKJM1Z7X2PROD with RULES Federal Register / Vol. 86, No. 133 / Thursday, July 15, 2021 / Rules and Regulations 37217 and alpaca producer. A summary of the definitions of antelope (9 CFR 352.1(c)), definition of an ‘‘exotic animal.’’ comments and FSIS’s responses follows. bison (9 CFR 352.1 (e)), buffalo (9 CFR According to IYAK’s survey, FSIS A yak producer and an individual 352.1(f)), catalo (9 CFR 352.1(g)), deer (9 voluntarily inspected 109 yaks from 22 supported defining yak and including it CFR 352.1(j)), elk (9 CFR 352.1(l)), establishments in 2014. The IYAK among ‘‘exotic animals’’ eligible for reindeer (9 CFR 352.1(x)), and water survey also stated that there were 33 voluntary inspection under 9 CFR part buffalo (9 CFR 352.1(aa)) to make them total establishments slaughtering yak in 352. The individual stated that formally taxonomically accurate. 2014. From 2014 to December 3, 2020, allowing for voluntary inspection of yak Comment: A few individuals 23 unique establishments submitted a will help the continued growth of the questioned why the proposed rule did total of 76 yak product labels to the FSIS yak industry by creating consumer trust not address rabbits and other Labeling and Program Delivery Staff in the product. Both commenters stated lagomorphs that are produced under (LPDS) for approval.5 These that allowing for voluntary inspection of voluntary inspection. establishments will benefit from being yak gives consumers a healthy and Response: These comments are able to continue to use their labels with sustainable red meat alternative. outside of the scope of this rulemaking, FSIS’s voluntary mark of inspection. Comment: Comments from three since voluntary inspection of rabbits is According to the 2014 IYAK survey, 90 individuals stated that species from the addressed in a different part of its percent of the establishments surveyed families Bovidae, Cervidae, and regulations, in 9 CFR part 354. noted that USDA inspection is critical to Camelidae could be slaughtered and the yak industry. Amending 9 CFR processed under either mandatory or Executive Orders (E.O.s) 12866 and 13563 352.1 to list yak as an ‘‘exotic animal’’ voluntary inspection, depending on eligible for FSIS’s voluntary inspection whether certain criteria are met, E.O.s 12866 and 13563 direct agencies service will avoid disruption to the yak including whether there is a sufficient to assess all costs and benefits of industry and possible economic harm to market for consumers to justify available regulatory alternatives and, if producers if FSIS stopped voluntarily mandatory inspection. Furthermore, the regulation is necessary, to select inspecting yak. same three individuals suggested that regulatory approaches that maximize yak should be slaughtered and prepared net benefits (including potential Regulatory Flexibility Act Assessment under mandatory FSIS inspection. economic, environmental, public health The FSIS Administrator has made a According to these commenters, yak and safety effects, distributive impacts, determination that this final rule will should be amenable under the FMIA, and equity). E.O.
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