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

1See: https://www.fsis.usda.gov/wps/wcm/ 

connect/db2ac10c-7b92-4bb4-a0d3-885641738711/ 

Petition-YAK-112014.pdf?MOD=AJPERES. 

2 IYAK asked that the supporting data remain 

confidential because it contains proprietary 

information. 

3See: https://www.fsis.usda.gov/wps/wcm/ 

connect/aa5f69d7-ddc6-44bc-9ff3-bc9489fcd338/ 

IYAK-FSIS-response-120314.pdf?MOD=AJPERES. 

4See: https://www.fsis.usda.gov/wps/wcm/ 

connect/c109452f-4497-4144-815e-6a382b94a113/ 

FSIS-Final-Response-IAK080315.pdf?MOD=AJPERES. 

increase and determine whether it 

should be continued in the future. 

As stated above and in the proposed 

rule, while the assessment rate is 

effective for an indefinite period of time, 

the Committee will continue to meet 

prior to or during each fiscal period to 

recommend a budget of expenses and 

consider recommendations for 

modification of the assessment rate. 

USDA will evaluate Committee 

recommendations and other available 

information to determine whether 

modification of the assessment rate is 

needed. Notice and comment 

rulemaking to adjust the assessment rate 

would be undertaken as necessary. 

Accordingly, no changes will be made 

to the rule as proposed. 

A small business guide on complying 

with fruit, vegetable, and specialty crop 

marketing agreements and orders may 

be viewed at: https://www.ams.

usda.gov/rules-regulations/moa/smallbusinesses. Any questions about the 

compliance guide should be sent to 

Richard Lower at the previously 

mentioned address in the FOR FURTHER

INFORMATION CONTACT section. 

After consideration of all relevant 

material presented, including the 

information and recommendation 

submitted by the Committee and other 

available information, it is hereby found 

that this rule will tend to effectuate the 

declared policy of the Act. 

List of Subjects in 7 CFR Part 925 

Grapes, Marketing agreements, 

Reporting and recordkeeping 

requirements. 

For the reasons set forth in the 

preamble, 7 CFR part 925 is amended as 

follows: 

PART 925—GRAPES GROWN IN A 

DESIGNATED AREA OF 

SOUTHEASTERN CALIFORNIA 

■ 1. The authority citation for 7 CFR 

part 925 continues to read as follows: 

Authority: 7 U.S.C. 601–674. 

■ 2. Section 925.215 is revised to read 

as follows: 

§ 925.215 Assessment rate. 

On and after January 1, 2021, an 

assessment rate of $0.040 per 18-pound 

lug is established for grapes grown in a 

designated area of southeastern 

California. 

Bruce Summers, 

Administrator, Agricultural Marketing 

Service. 

[FR Doc. 2021–14731 Filed 7–14–21; 8:45 am] 

BILLING CODE 3410–02–P 

DEPARTMENT OF AGRICULTURE 

Food Safety and Inspection Service 

9 CFR Part 352 

[Docket No. FSIS–2019–0028] 

RIN 0583–AD73 

Inspection of Yak and Other Bovidae, 

Cervidae, and Camelidae Species 

AGENCY: Food Safety and Inspection 

Service, USDA. 

ACTION: Final rule. 

SUMMARY: The Food Safety and 

Inspection Service (FSIS) is amending 

its regulations to define yak and include 

it among ‘‘exotic animals’’ eligible for 

voluntary inspection under 9 CFR part 

352. This change is in response to a 

petition for rulemaking from a yak 

industry association, which FSIS 

granted in 2015. Additionally, FSIS is 

revising the definitions of antelope, 

bison, buffalo, catalo, deer, elk, 

reindeer, and water buffalo to make 

them more scientifically accurate. 

Moreover, FSIS is responding to 

comments on whether all farmed-raised 

species in the biological families 

Bovidae, Cervidae, and Camelidae, if 

not already subject to mandatory 

inspection, should be eligible for 

voluntary inspection, and whether any 

species in these families should be 

added to the list of amenable species 

requiring mandatory inspection. 

DATES: Effective September 13, 2021. 

FOR FURTHER INFORMATION CONTACT: 

Rachel Edelstein, Assistant 

Administrator, Office of Policy and 

Program Development by telephone at 

(202) 205–0495. 

SUPPLEMENTARY INFORMATION: 

Background 

On June 1, 2020, FSIS proposed to 

amend its regulations (9 CFR 352.1) to 

add yak to its list of ‘‘exotic animals’’ 

eligible for voluntary inspection (85 FR 

33034, June 1, 2020). FSIS proposed to 

define yak as a long-haired bovid animal 

originally found throughout the 

Himalaya region of southern Central 

Asia and the Tibetan Plateau. The 

proposed rule explained that while yak 

was not listed in the regulations as an 

‘‘exotic animal,’’ the Agency has 

inspected yak under its voluntary 

program for several years. 

As FSIS explained in the proposed 

rule, on September 3, 2014, the 

International Yak Association (IYAK) 

submitted a petition for rulemaking,1

under 9 CFR part 392, requesting that 

FSIS amend 9 CFR 352.1(k) to include 

yak under the definition of an ‘‘exotic 

animal.’’ The petitioner stated that 

because FSIS had voluntarily inspected 

yak for many years, it had created an 

expectation among breeders and buyers 

that FSIS would continue to inspect 

yak. On November 21, 2014, IYAK 

submitted additional supporting data.2

IYAK had surveyed United States yak 

producers and found that continued 

FSIS inspection of yak meat was critical 

to the industry as a whole. 

After reviewing the petition and 

supporting data, FSIS decided to grant 

the petition, and stated that it would 

continue to voluntarily inspect yak 

while FSIS went through rulemaking to 

add yak to the list of exotic animals 

eligible for voluntary inspection.3 4

In the proposed rule, FSIS also 

requested comments on whether the 

regulations should be amended to list as 

eligible for voluntary inspection all 

farm-raised species in the biological 

families Cervidae (e.g., moose, all deer 

and elk), all Bovidae not currently 

subject to mandatory inspection (e.g., 

water buffalo and impalas), and 

Camelidae (e.g., camel, llama, and 

alpaca). And, based on interest from 

stakeholders, FSIS requested comment 

as to whether any species in these 

families, if not currently subject to 

mandatory inspection, should be. FSIS 

already requires the inspection of some 

species of the biological family Bovidae 

under the Federal Meat Inspection Act 

(FMIA) (21 U.S.C. 601(w)). These 

species include cattle, sheep, and goats. 

After considering the comments 

received on the proposed rule, 

discussed below, FSIS is finalizing the 

proposed rule with some changes. In 

response to public comment, the final 

rule will also amend 9 CFR 352.1 to 

revise the definitions of antelope (9 CFR 

352.1(c)), bison (9 CFR 352.1 (e)), 

buffalo (9 CFR 352.1(f)), catalo (9 CFR 

352.1(g)), deer (9 CFR 352.1(j)), elk (9 

CFR 352.1(l)), reindeer (9 CFR 352.1(x)), 

and water buffalo (9 CFR 352.1(aa)) to 

make them more taxonomically 

accurate. 

Responses to Comments 

FSIS received seven comments from 

individuals, a yak producer, and a llama 


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Federal Register / Vol. 86, No. 133 / Thursday, July 15, 2021 / Rules and Regulations 37217 

5FSIS used data from the Labeling and Program 

Delivery Staff’s Label Submission and Approval 

System (LSAS). This data was received on 

December 4, 2020. 

6FSIS used data from the Public Health 

Information System (PHIS) to identify these 

establishments by HACCP category. 

and alpaca producer. A summary of the 

comments and FSIS’s responses follows. 

A yak producer and an individual 

supported defining yak and including it 

among ‘‘exotic animals’’ eligible for 

voluntary inspection under 9 CFR part 

352. The individual stated that formally 

allowing for voluntary inspection of yak 

will help the continued growth of the 

yak industry by creating consumer trust 

in the product. Both commenters stated 

that allowing for voluntary inspection of 

yak gives consumers a healthy and 

sustainable red meat alternative. 

Comment: Comments from three 

individuals stated that species from the 

families Bovidae, Cervidae, and 

Camelidae could be slaughtered and 

processed under either mandatory or 

voluntary inspection, depending on 

whether certain criteria are met, 

including whether there is a sufficient 

market for consumers to justify 

mandatory inspection. Furthermore, the 

same three individuals suggested that 

yak should be slaughtered and prepared 

under mandatory FSIS inspection. 

According to these commenters, yak 

should be amenable under the FMIA, 

because it meets the dictionary 

definition of ‘‘cattle,’’ and yak are 

transported and held in pens for 

slaughter like other amenable cattle. 

A producer of deer, elk, bison, llama, 

and alpaca recommended that FSIS 

revise 9 CFR part 352 to allow for any 

‘‘large farm-raised mammals’’ to be 

eligible for voluntary inspection. 

Specifically, the commenter requested 

that FSIS provide voluntary inspection 

for llamas and alpacas. The commenter 

argued that producers of llamas and 

alpacas would benefit from FSIS 

voluntary inspection, because it would 

alleviate confusion and create 

consistency for the llama and alpaca 

industry. 

Response: FSIS would need to gather 

more economic and scientific 

information before deciding whether to 

expand the list of species eligible for 

voluntary inspection or subject to 

mandatory inspection. Therefore, FSIS 

is not making any additional changes to 

the regulations at this time. 

Comment: A few individuals noted 

that 9 CFR 352.1(f) defines ‘‘buffalo’’ as 

‘‘any animal belonging to the buffalo 

family.’’ The commenters argued that 

definition should be revised because 

‘‘buffalo family’’ is not an accurate 

scientific classification. 

Response: FSIS acknowledges that the 

definition of ‘‘buffalo’’ in 9 CFR 352.1(f) 

is not taxonomically accurate. In 

addition to ‘‘buffalo,’’ FSIS is correcting 

the definitions of all the exotic species 

covered under 9 CFR 352.1. 

Specifically, FSIS has corrected the 

definitions of antelope (9 CFR 352.1(c)), 

bison (9 CFR 352.1 (e)), buffalo (9 CFR 

352.1(f)), catalo (9 CFR 352.1(g)), deer (9 

CFR 352.1(j)), elk (9 CFR 352.1(l)), 

reindeer (9 CFR 352.1(x)), and water 

buffalo (9 CFR 352.1(aa)) to make them 

taxonomically accurate. 

Comment: A few individuals 

questioned why the proposed rule did 

not address rabbits and other 

lagomorphs that are produced under 

voluntary inspection. 

Response: These comments are 

outside of the scope of this rulemaking, 

since voluntary inspection of rabbits is 

addressed in a different part of its 

regulations, in 9 CFR part 354. 

Executive Orders (E.O.s) 12866 and 

13563 

E.O.s 12866 and 13563 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, distributive impacts, 

and equity). E.O. 13563 emphasizes the 

importance of quantifying both costs 

and benefits, of reducing costs, of 

harmonizing rules, and of promoting 

flexibility. This final rule has been 

designated as a ‘‘non-significant’’ 

regulatory action under section 3(f) of 

E.O. 12866. Accordingly, the rule has 

not been reviewed by the Office of 

Management and Budget (OMB) under 

E.O. 12866. 

FSIS has updated the number of yak 

establishments under the voluntary 

inspection program in this final rule 

from those published in the proposed 

rule based on more recent labeling data. 

In response to comments on the 

proposed rule, FSIS is also clarifying the 

definitions of antelope, bison, buffalo, 

catalo, deer, elk, reindeer, and water 

buffalo in the regulations to make them 

more taxonomically accurate. FSIS does 

not expect any quantifiable costs or 

benefits will be associated with these 

revisions. 

Expected Costs of the Final Rule 

FSIS does not expect any additional 

industry or Agency costs as a result of 

this final rule because, although yak is 

not currently listed as an ‘‘exotic 

animal’’ eligible for voluntary 

inspection, FSIS has been inspecting 

yak under the voluntary inspection 

program for many years. 

Expected Benefits of the Final Rule 

In 2014, IYAK conducted a National 

Yak Industry Survey to support its 

petition requesting that FSIS amend 9 

CFR 352.1(k) to include Yak under the 

definition of an ‘‘exotic animal.’’ 

According to IYAK’s survey, FSIS 

voluntarily inspected 109 yaks from 22 

establishments in 2014. The IYAK 

survey also stated that there were 33 

total establishments slaughtering yak in 

2014. From 2014 to December 3, 2020, 

23 unique establishments submitted a 

total of 76 yak product labels to the FSIS 

Labeling and Program Delivery Staff 

(LPDS) for approval.5 These 

establishments will benefit from being 

able to continue to use their labels with 

FSIS’s voluntary mark of inspection. 

According to the 2014 IYAK survey, 90 

percent of the establishments surveyed 

noted that USDA inspection is critical to 

the yak industry. Amending 9 CFR 

352.1 to list yak as an ‘‘exotic animal’’ 

eligible for FSIS’s voluntary inspection 

service will avoid disruption to the yak 

industry and possible economic harm to 

producers if FSIS stopped voluntarily 

inspecting yak. 

Regulatory Flexibility Act Assessment 

The FSIS Administrator has made a 

determination that this final rule will 

not have a significant economic impact 

on a substantial number of small entities 

in the United States, as defined by the 

Regulatory Flexibility Act (5 U.S.C. 601 

et seq.). This rule will allow FSIS to 

continue to voluntarily inspect yak and 

there will be no increased costs to 

industry. Small and very small yak 

establishments that choose to continue 

to receive voluntary inspection will 

benefit from being able to continue to 

use their labels with FSIS’s voluntary 

mark of inspection. About 17 percent of 

the establishments that submitted yak 

labels from 2014 to December 3, 2020, 

were classified as small under Hazard 

Analysis and Critical Control Point 

(HACCP) sizes and 83 percent were 

classified as very small.6 The final rule 

will benefit small and very small 

establishments because it will continue 

to give these establishments access to 

the FSIS voluntary mark of inspection 

and access to buyers who look for that 

mark of inspection when making 

purchasing decisions. 

Paperwork Reduction Act 

There are no new paperwork or 

recordkeeping requirements associated 

with this final rule under the Paperwork 

Reduction Act of 1995 (44 U.S.C. 3501– 

3520). 


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37218 Federal Register / Vol. 86, No. 133 / Thursday, July 15, 2021 / Rules and Regulations 

Executive Order 12988, Civil Justice 

Reform 

This final rule has been reviewed 

under E.O. 12988, Civil Justice Reform. 

Under this rule: (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) no 

administrative proceedings will be 

required before parties may file suit in 

court challenging this rule. 

E-Government Act 

FSIS and USDA are committed to 

achieving the purpose of the EGovernment Act (44 U.S.C. 3601, et 

seq.) by, among other things, promoting 

the use of the internet and other 

information technologies and providing 

increased opportunities for citizens 

access to Government information and 

services, and for other purposes. 

Additional Public Notification 

Public awareness of all segments of 

rulemaking and policy development is 

important. Consequently, FSIS will 

announce this Federal Register 

publication on-line through the FSIS 

website located at: https://

www.fsis.usda.gov/federal-register. 

FSIS also will make copies of this 

publication available through the FSIS 

Constituent Update, which is used to 

provide information regarding FSIS 

policies, procedures, regulations, 

Federal Register notices, FSIS public 

meetings, and other types of information 

that could affect or would be of interest 

to our constituents and stakeholders. 

The Constituent Update is available on 

the FSIS website. Through the website, 

FSIS is able to provide information to a 

much broader, more diverse audience. 

In addition, FSIS offers an email 

subscription service which provides 

automatic and customized access to 

selected food safety news and 

information. This service is available at: 

https://www.fsis.usda.gov/subscribe. 

Options range from recalls to export 

information, regulations, directives, and 

notices. Customers can add or delete 

subscriptions themselves and have the 

option to password protect their 

accounts. 

USDA Non-Discrimination Statement 

In accordance with Federal civil 

rights law and U.S. Department of 

Agriculture (USDA) civil rights 

regulations and policies, the USDA, its 

Agencies, offices, and employees, and 

institutions participating in or 

administering USDA programs are 

prohibited from discriminating based on 

race, color, national origin, religion, sex, 

gender identity (including gender 

expression), sexual orientation, 

disability, age, marital status, family/ 

parental status, income derived from a 

public assistance program, political 

beliefs, or reprisal or retaliation for prior 

civil rights activity, in any program or 

activity conducted or funded by USDA 

(not all bases apply to all programs). 

Remedies and complaint filing 

deadlines vary by program or incident. 

Persons with disabilities who require 

alternative means of communication for 

program information (e.g., Braille, large 

print, audiotape, American Sign 

Language, etc.) should contact the 

responsible Agency or USDA’s TARGET 

Center at (202) 720–2600 (voice and 

TTY) or contact USDA through the 

Federal Relay Service at (800) 877–8339. 

Additionally, program information may 

be made available in languages other 

than English. 

To file a program discrimination 

complaint, complete the USDA Program 

Discrimination Complaint Form, AD– 

3027, found online at https://

www.usda.gov/oascr/how-to-file-aprogram-discrimination-complaint and 

at any USDA office or write a letter 

addressed to USDA and provide in the 

letter all of the information requested in 

the form. To request a copy of the 

complaint form, call (866) 632–9992. 

Submit your completed form or letter to 

USDA by: (1) Mail: U.S. Department of 

Agriculture, Office of the Assistant 

Secretary for Civil Rights, 1400 

Independence Avenue SW, Washington, 

DC 20250–9410; (2) fax: (202) 690–7442; 

or (3) email: program.intake@usda.gov. 

USDA is an equal opportunity 

provider, employer, and lender. 

List of Subjects in 9 CFR Part 352 

Exotic Animals. 

For the reasons set out in the 

preamble, FSIS amends 9 CFR part 352 

as follows: 

PART 352—EXOTIC ANIMALS AND 

HORSES: VOLUNTARY INSPECTION 

■ 1. The authority citation for part 352 

continues to read as follows: 

Authority: 7 U.S.C. 1622, 1624; 7 CFR 

2.17(g)and (i), 2.53. 

■ 2. Amend § 352.1 by revising 

paragraphs (c), (e), (f), (g), (j), (k), (l), (x), 

and (aa) and adding paragraph (bb) to 

read as follows: 

§ 352.1 Definitions. 

* * * * * 

(c) Antelope means any of various 

ruminant deerlike mammals (family 

Bovidae) chiefly of Africa and 

southwest Asia that have a slender lean 

build and usually horns directed 

upward and backward. 

* * * * * 

(e) Bison (Bison bison), commonly 

known as the American bison or buffalo, 

is a species of the genus Bison native to 

North America. Bison includes catalo or 

cattalo. 

(f) Buffalo refers to a subtribe 

Bubalina of the tribe Bovini within the 

subfamily Bovinae that includes the 

water buffalo (Bubalus bubalis) and 

Cape buffalo (Syncerus caffer). 

(g) Catalo or Cattalo means any 

hybrid animal with bison (Bison bison) 

appearance resulting from direct 

crossbreeding of bison (Bison bison) and 

cattle (Bos taurus). 

* * * * * 

(j) Deer refers to the any farm-raised 

species of the family Cervidae. 

(k) Exotic animal means any reindeer, 

elk, deer, antelope, water buffalo, bison, 

buffalo, or yak. 

(l) Elk (Cervus canadensis) refers to 

one of the largest species within the 

family Cervidae. It is native to North 

America and in high mountains of 

Central Asia. 

* * * * * 

(x) Reindeer (Rangifer tarandus), 

commonly referred to as caribou, is a 

species within the family Cervidae with 

circumpolar distribution, native to 

Arctic, sub-Arctic, tundra, boreal, and 

mountainous regions of northern 

Europe, Siberia, and North America. 

* * * * * 

(aa) Water buffalo (Bubalus bubalis), 

commonly known as the domestic water 

buffalo or Asian water buffalo, is a large 

bovid originating in the Indian 

subcontinent, Southeast Asia, and 

China. 

(bb) Yak (Bos grunniens) means a 

long-haired bovid animal originally 

found throughout the Himalaya region 

of southern Central Asia and the Tibetan 

Plateau. 

Done at Washington, DC. 

Paul Kiecker, 

Administrator. 

[FR Doc. 2021–15062 Filed 7–14–21; 8:45 am] 

BILLING CODE 3410–DM–P 


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