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Home , Bison, Bovidae, Bubalina, Camelidae, Llama, Yak

37216 Federal Register / Vol. 86, No. 133 / Thursday, July 15, 2021 / Rules and Regulations

increase and determine whether it DEPARTMENT OF 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 under the definition of an ‘‘exotic rule, while the assessment rate is .’’ 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 , 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 , submitted additional supporting data.2 modification of the assessment rate. Cervidae, and USDA will evaluate Committee IYAK had surveyed 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 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 ’’ 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 , businesses. Any questions about the eligible for voluntary inspection all , , catalo, , , farm-raised species in the biological compliance guide should be sent to , and to make Richard Lower at the previously families Cervidae (e.g., , 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 ), and After consideration of all relevant species in the biological families Camelidae (e.g., , , and material presented, including the Bovidae, Cervidae, and Camelidae, if ). 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 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 , , and . 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 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: and the . 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.

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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 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 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 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. 13563 emphasizes the not have a significant economic impact because it meets the dictionary importance of quantifying both costs on a substantial number of small entities definition of ‘‘cattle,’’ and yak are and benefits, of reducing costs, of in the United States, as defined by the transported and held in pens for harmonizing rules, and of promoting Regulatory Flexibility Act (5 U.S.C. 601 slaughter like other amenable cattle. flexibility. This final rule has been et seq.). This rule will allow FSIS to A producer of deer, elk, bison, llama, designated as a ‘‘non-significant’’ continue to voluntarily inspect yak and and alpaca recommended that FSIS regulatory action under section 3(f) of there will be no increased costs to revise 9 CFR part 352 to allow for any E.O. 12866. Accordingly, the rule has industry. Small and very small yak ‘‘large farm-raised ’’ to be not been reviewed by the Office of establishments that choose to continue eligible for voluntary inspection. Management and Budget (OMB) under to receive voluntary inspection will Specifically, the commenter requested E.O. 12866. benefit from being able to continue to that FSIS provide voluntary inspection FSIS has updated the number of yak use their labels with FSIS’s voluntary for and . The commenter establishments under the voluntary mark of inspection. About 17 percent of argued that producers of llamas and inspection program in this final rule the establishments that submitted yak alpacas would benefit from FSIS from those published in the proposed labels from 2014 to December 3, 2020, voluntary inspection, because it would rule based on more recent labeling data. were classified as small under Hazard alleviate confusion and create In response to comments on the Analysis and Critical Control Point consistency for the llama and alpaca proposed rule, FSIS is also clarifying the (HACCP) sizes and 83 percent were industry. definitions of antelope, bison, buffalo, classified as very small.6 The final rule Response: FSIS would need to gather catalo, deer, elk, reindeer, and water will benefit small and very small more economic and scientific buffalo in the regulations to make them establishments because it will continue information before deciding whether to more taxonomically accurate. FSIS does to give these establishments access to expand the list of species eligible for not expect any quantifiable costs or the FSIS voluntary mark of inspection voluntary inspection or subject to benefits will be associated with these and access to buyers who look for that mandatory inspection. Therefore, FSIS revisions. is not making any additional changes to mark of inspection when making the regulations at this time. Expected Costs of the Final Rule purchasing decisions. Comment: A few individuals noted FSIS does not expect any additional Paperwork Reduction Act that 9 CFR 352.1(f) defines ‘‘buffalo’’ as industry or Agency costs as a result of ‘‘any animal belonging to the buffalo this final rule because, although yak is There are no new paperwork or family.’’ The commenters argued that not currently listed as an ‘‘exotic recordkeeping requirements associated definition should be revised because animal’’ eligible for voluntary with this final rule under the Paperwork ‘‘buffalo family’’ is not an accurate inspection, FSIS has been inspecting Reduction Act of 1995 (44 U.S.C. 3501– scientific classification. yak under the voluntary inspection 3520). Response: FSIS acknowledges that the program for many years. definition of ‘‘buffalo’’ in 9 CFR 352.1(f) 5 FSIS used data from the Labeling and Program is not taxonomically accurate. In Expected Benefits of the Final Rule Delivery Staff’s Label Submission and Approval addition to ‘‘buffalo,’’ FSIS is correcting In 2014, IYAK conducted a National System (LSAS). This data was received on December 4, 2020. the definitions of all the exotic species Yak Industry Survey to support its 6 FSIS used data from the Public Health covered under 9 CFR 352.1. petition requesting that FSIS amend 9 Information System (PHIS) to identify these Specifically, FSIS has corrected the CFR 352.1(k) to include Yak under the establishments by HACCP category.

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Executive 12988, Civil Justice administering USDA programs are § 352.1 Definitions. Reform prohibited from discriminating based on * * * * * This final rule has been reviewed race, color, national origin, religion, sex, (c) Antelope means any of various under E.O. 12988, Civil Justice Reform. gender identity (including gender deerlike mammals (family Under this rule: (1) All State and local expression), sexual orientation, Bovidae) chiefly of and laws and regulations that are disability, age, marital status, family/ southwest Asia that have a slender lean inconsistent with this rule will be parental status, income derived from a build and usually horns directed preempted; (2) no retroactive effect will public assistance program, political upward and backward. beliefs, or reprisal or retaliation for prior be given to this rule; and (3) no * * * * * administrative proceedings will be civil rights activity, in any program or required before parties may file suit in activity conducted or funded by USDA (e) Bison (Bison bison), commonly court challenging this rule. (not all bases apply to all programs). known as the or buffalo, Remedies and complaint filing is a species of the Bison native to E-Government Act deadlines vary by program or incident. . Bison includes catalo or FSIS and USDA are committed to Persons with disabilities who require cattalo. achieving the purpose of the E- alternative means of communication for (f) Buffalo refers to a subtribe Government Act (44 U.S.C. 3601, et program information (e.g., Braille, large of the within the seq.) by, among other things, promoting print, audiotape, American Sign subfamily that includes the the use of the internet and other Language, etc.) should contact the water buffalo ( bubalis) and information technologies and providing responsible Agency or USDA’s TARGET Cape buffalo (Syncerus caffer). increased opportunities for citizens Center at (202) 720–2600 (voice and (g) Catalo or Cattalo means any access to Government information and TTY) or contact USDA through the animal with bison (Bison bison) services, and for other purposes. Federal Relay Service at (800) 877–8339. appearance resulting from direct Additionally, program information may Additional Public Notification crossbreeding of bison (Bison bison) and be made available in languages other cattle ( taurus). Public awareness of all segments of than English. rulemaking and policy development is To file a program discrimination * * * * * important. Consequently, FSIS will complaint, complete the USDA Program (j) Deer refers to the any farm-raised announce this Federal Register Discrimination Complaint Form, AD– species of the family Cervidae. publication on-line through the FSIS 3027, found online at https:// (k) Exotic animal means any reindeer, website located at: https:// www.usda.gov/oascr/how-to-file-a- elk, deer, antelope, water buffalo, bison, www.fsis.usda.gov/federal-register. program-discrimination-complaint and buffalo, or yak. FSIS also will make copies of this at any USDA office or write a letter (l) Elk ( canadensis) refers to publication available through the FSIS addressed to USDA and provide in the Constituent Update, which is used to one of the largest species within the letter all of the information requested in family Cervidae. It is native to North provide information regarding FSIS the form. To request a copy of the policies, procedures, regulations, America and in high mountains of complaint form, call (866) 632–9992. Central Asia. Federal Register notices, FSIS public Submit your completed form or letter to meetings, and other types of information USDA by: (1) Mail: U.S. Department of * * * * * that could affect or would be of interest Agriculture, Office of the Assistant (x) Reindeer (Rangifer tarandus), to our constituents and stakeholders. Secretary for Civil Rights, 1400 commonly referred to as caribou, is a The Constituent Update is available on Independence Avenue SW, Washington, species within the family Cervidae with the FSIS website. Through the website, DC 20250–9410; (2) fax: (202) 690–7442; circumpolar distribution, native to FSIS is able to provide information to a or (3) email: [email protected]. Arctic, sub-Arctic, , boreal, and much broader, more diverse audience. USDA is an equal opportunity mountainous regions of northern In addition, FSIS offers an email provider, employer, and lender. , , and North America. subscription service which provides * * * * * automatic and customized access to List of Subjects in 9 CFR Part 352 (aa) Water buffalo (Bubalus bubalis), selected food safety news and Exotic Animals. information. This service is available at: commonly known as the domestic water For the reasons set out in the https://www.fsis.usda.gov/subscribe. buffalo or Asian water buffalo, is a large preamble, FSIS amends 9 CFR part 352 Options range from recalls to export bovid originating in the Indian as follows: information, regulations, directives, and subcontinent, , and China. notices. Customers can add or delete PART 352—EXOTIC ANIMALS AND subscriptions themselves and have the : VOLUNTARY INSPECTION (bb) Yak (Bos grunniens) means a option to password protect their long-haired bovid animal originally accounts. ■ 1. The authority citation for part 352 found throughout the Himalaya region USDA Non-Discrimination Statement continues to read as follows: of southern Central Asia and the Tibetan Plateau. In accordance with Federal civil Authority: 7 U.S.C. 1622, 1624; 7 CFR rights law and U.S. Department of 2.17(g)and (i), 2.53. Done at Washington, DC. Agriculture (USDA) civil rights ■ 2. Amend § 352.1 by revising Paul Kiecker, regulations and policies, the USDA, its paragraphs (c), (e), (f), (g), (j), (k), (l), (x), Administrator. Agencies, offices, and employees, and and (aa) and adding paragraph (bb) to [FR Doc. 2021–15062 Filed 7–14–21; 8:45 am] institutions participating in or read as follows: BILLING CODE 3410–DM–P

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