Federal Register / Vol. 87, No. 98 / Friday, May 20, 2022 / Rules and Regulations 30773 

Aside from the increase in fee revenue 

collection, the final rule is not expected 

to increase costs or benefits to the 

Government or any other entity. 

B. Regulatory Flexibility Act 

The Regulatory Flexibility Act (5 

U.S.C. 601 et seq.), as amended by the 

Small Business Regulatory Enforcement 

and Fairness Act of 1996, requires an 

agency to prepare and make available to 

the public a regulatory flexibility 

analysis that describes the effect of a 

proposed rule on small entities (i.e., 

small businesses, small organizations, 

and small governmental jurisdictions) 

when the agency is required to publish 

a general notice of proposed rulemaking 

for a rule. Since this document is not 

subject to the notice and public 

procedure requirements of 5 U.S.C. 553, 

it is not subject to the provisions of the 

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

et seq. 

C. Unfunded Mandates Reform Act of 

1995 

This rule will not result in the 

expenditure by State, local, and tribal 

governments, in the aggregate, or by the 

private sector, of $100 million or more 

in any one year, and it will not 

significantly or uniquely affect small 

governments. Therefore, no actions are 

necessary under the provisions of the 

Unfunded Mandates Reform Act of 

1995. 

D. Executive Order 13132 

The rule will not have substantial 

direct effects on the States, on the 

relationship between the National 

Government and the States, or on the 

distribution of power and 

responsibilities among the various 

levels of government. Therefore, in 

accordance with section 6 of Executive 

Order 13132, this rule does not have 

sufficient federalism implications to 

warrant the preparation of a federalism 

summary impact statement. 

E. Executive Order 12988 Civil Justice 

Reform 

This rule meets the applicable 

standards set forth in sections 3(a) and 

3(b)(2) of Executive Order 12988. 

F. Paperwork Reduction Act 

Under the Paperwork Reduction Act, 

an agency may not conduct or sponsor, 

and a person is not required to respond 

to, a collection of information unless the 

collection of information displays a 

valid OMB control number. The 

collection of information in this final 

rule is approved in accordance with the 

requirements of the Paperwork 

Reduction Act under control number 

1651–0111. There are no changes being 

made to the information collection as a 

result of this final rule. 

List of Subjects in 8 CFR Part 217 

Air carriers, Aliens, Maritime carriers, 

Passports and visas. 

Amendments to the Regulations 

For the reasons set forth above, 8 CFR 

part 217 is amended as set forth below. 

PART 217—VISA WAIVER PROGRAM 

■ 1. The authority citation for part 217 

continues to read as follows: 

Authority: 8 U.S.C. 1103, 1187; 8 CFR part 

2. 

■ 2. In § 217.5, revise paragraph (h) to 

read as follows: 

§ 217.5 Electronic System for Travel 

Authorization. 

* * * * * 

(h) Fee. (1) Through September 30, 

2027, the fee for an approved ESTA is 

$21, which is the sum of two amounts: 

A $17 travel promotion fee to fund the 

Corporation for Travel Promotion and a 

$4 operational fee to at least ensure 

recovery of the full costs of providing 

and administering the system. In the 

event the ESTA application is denied, 

the fee is $4 to cover the operational 

costs. 

(2) Beginning October 1, 2027, the fee 

for using ESTA is an operational fee of 

$4 to at least ensure recovery of the full 

costs of providing and administering the 

system. 

Alejandro N. Mayorkas 

Secretary, U.S. Department of Homeland 

Security. 

[FR Doc. 2022–10869 Filed 5–19–22; 8:45 am] 

BILLING CODE 9111–14–P 

DEPARTMENT OF AGRICULTURE 

Food Safety and Inspection Service 

9 CFR Part 355 

[Docket No. FSIS–2020–0013] 

RIN 0583–AD83 

Removal of 9 CFR 355—Certified 

Products for Dogs, Cats, and Other 

Carnivora; Inspection, Certification, 

and Identification as to Class, Quality, 

Quantity, and Condition 

AGENCY: Food Safety and Inspection 

Service, USDA. 

ACTION: Final rule. 

SUMMARY: The Food Safety and 

Inspection Service (FSIS) is amending 

its regulations to end the program under 

which FSIS inspectors provide fee-forservice certification that certain foods 

for dogs, cats and other carnivora (pet 

food) are produced under sanitary 

conditions and meet compositional and 

labeling requirements. The certified pet 

food regulations are outdated, and no 

firms are paying for FSIS certification 

services for pet food. Further, the fact 

that both the United States Department 

of Agriculture (USDA) and the U.S. 

Food and Drug Administration (FDA) 

maintain regulations concerning pet 

food has led to industry and consumer 

confusion. Both agencies agreed that 

stakeholders will benefit from the 

simplification of Federal jurisdiction 

over pet food. 

DATES: Effective July 19, 2022. 

FOR FURTHER INFORMATION CONTACT: 

Rachel Edelstein, Assistant 

Administrator, Office of Policy and 

Program Development by telephone at 

(202) 205–0495. 

SUPPLEMENTARY INFORMATION: 

Background 

On July 28, 2021, FSIS proposed to 

remove the certified pet food provisions 

(9 CFR part 355) from the regulations 

because they are outdated and no 

companies use the voluntary service. In 

addition, because FDA also maintains 

regulations concerning pet food, the 

FSIS regulations have led to industry 

and consumer confusion (86 FR 40369). 

As FSIS explained in the proposed 

rule, under the Federal Food, Drug, and 

Cosmetic Act (FFDCA), FDA is 

responsible for ensuring that pet food is 

safe for animals, produced under 

sanitary conditions, contains no harmful 

substances, and is truthfully labeled. 

FDA has had authority to regulate pet 

food since the FFDCA was passed in 

1938. FDA does not charge pet food 

producers a fee for any FDA activities 

related to pet food. Individual States 

also regulate and inspect pet food, 

which also minimizes the need for 

FSIS’s program. 

Since 1958, under the Agricultural 

Marketing Act (7 U.S.C. 1622(h)), USDA 

also provided for the voluntary 

certification of pet food as having been 

produced under sanitary conditions and 

meeting compositional and labeling 

requirements. Under the regulations at 9 

CFR part 355, participating facilities pay 

for this certification. The regulations 

governing FSIS certification services for 

pet food have not been substantively 

amended since the 1960s; therefore, the 

requirements are outdated (e.g., 

requirements regarding pet food 

ingredients and the submission of firm 

blueprints). Additionally, the 

regulations allow for certification of 


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30774 Federal Register / Vol. 87, No. 98 / Friday, May 20, 2022 / Rules and Regulations 

only certain categories of pet food (i.e., 

canned or semi-moist maintenance food, 

canned or fresh frozen certified 

supplemental animal foods, and canned 

certified variety meats). Many types of 

pet foods that were developed in the last 

few decades are thus not eligible for 

FSIS certification (e.g., pet jerky, pet 

treats, pet rawhides, raw pet food, 

freeze-dried pet food, and prescription 

pet food). Likely for these reasons, no 

firms are participating in the FSIS 

certified pet food program. 

After considering the comments 

received on the proposed rule, 

discussed below, FSIS is finalizing the 

proposed rule without changes. 

Summary of Comments and Responses 

FSIS received 149 comments on the 

proposed rule from individuals and pet 

food industry groups. Below is a 

summary of the comments received and 

FSIS’ responses. 

Comments: FSIS received comments 

from several individuals and two 

industry groups that supported the 

removal of 9 CFR part 355. These 

commenters agreed that FSIS’ voluntary 

pet food certification program is 

outdated and that having pet food under 

the jurisdiction of a single Federal 

agency will eliminate confusion by pet 

food consumers and manufacturers. 

FSIS also received comments from pet 

food buyers and an industry group 

stating that FSIS should update its 

certified pet food program instead of 

removing it. The commenters suggested 

rewriting the regulation to remove 

obsolete references and updating the 

language to reflect more modern types 

of pet food. 

Response: FSIS is not updating its 

certified pet food program because it 

would not be the best use of Agency 

resources. As noted above, no 

companies are currently participating in 

the FSIS certified pet food program, and 

FDA is responsible for ensuring that pet 

food is safe for animals, produced under 

sanitary conditions, contains no harmful 

substances, and is truthfully labeled. 

Comments: Several individuals 

argued that FSIS should not remove its 

certified pet food program because they 

disagree with FDA’s pet food inspection 

regulations. These individuals stated 

that FSIS’ requirements are stricter than 

FDA’s requirements. 

Response: This final rule will not 

impact the safety of pet food products. 

As explained above and in the proposed 

rule (86 FR 40369), no firms are 

participating in FSIS’ certified pet food 

program. Comments on FDA’s 

regulation of pet food are outside the 

scope of this rulemaking. 

Executive Orders 12866 and 13563 

Executive Orders (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. 

Expected Costs and Benefits of the Final 

Rule 

This final rule clarifies that FDA has 

sole jurisdiction over pet food 

inspection, which benefits industry and 

consumers by reducing confusion. No 

firms are participating in the FSIS 

certified pet food program. Therefore, 

the final rule will not increase industry 

or Agency costs or have a negative 

impact on public health. 

Regulatory Flexibility Act Assessment 

The FSIS Administrator certifies that, 

for the purposes of the Regulatory 

Flexibility Act (5 U.S.C. 601–602), this 

final rule is not expected to increase 

costs to industry. 

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). 

Executive Order 13175 

This proposed rule will have no 

implications for Indian Tribal 

governments. More specifically, it does 

not have substantial direct effects on 

one or more Indian tribes, on the 

relationship between the Federal 

government and Indian tribes, or on the 

distribution of power and 

responsibilities between the Federal 

government and Indian tribes. 

Therefore, the consultation 

requirements of Executive Order 13175 

do not apply. 

Environmental Impact 

Pursuant to the National 

Environmental Policy Act (42 U.S.C. 

4321, et seq.) (NEPA), Federal agencies 

must prepare an environmental impact 

statement (EIS) for any ‘‘major Federal 

actions significantly affecting the 

quality of the human environment’’ (42 

U.S.C. 4332(2)(C)). NEPA established 

the Council on Environmental Quality 

(CEQ), which promulgated regulations 

(40 CFR parts 1501–1508) to govern 

NEPA compliance. When a major 

Federal action is unlikely to have 

significant environmental effects or the 

significance of the effects is unknown, 

the Agency may prepare an 

environmental assessment (EA) (40 CFR 

1501.3(a)(2), 1501.5) (2020). Federal 

agencies also may identify classes of 

actions that normally do not have 

significant environmental effects and 

therefore do require the preparation of 

either an EA or EIS (40 CFR 1501.4(a)). 

Such classes of actions are 

‘‘categorically excluded’’ from NEPA 

review unless extraordinary 

circumstances exist in which a normally 

excluded action may have a significant 

environmental effect (40 CFR 

1501.3(a)(1), 1501.4)). 

USDA’s NEPA implementing 

regulations establish a categorical 

exclusion for specified categories of 

actions and the actions of certain USDA 

agencies and agency units (7 CFR 1b.3, 

1b.4). USDA has determined that the 

listed agencies, including FSIS (7 CFR 

1b.4(b)(6)), ‘‘conduct programs and 

activities that have been found to have 

no individual or cumulative effect on 

the human environment’’ (7 CFR 

1b.4(a)). Accordingly, all FSIS actions 

are categorically excluded from 

preparation of an EA or EIS unless the 

Agency head determines that a 

particular action may have a significant 

environmental effect (Id.). The action 

thus is categorically excluded unless 

FSIS anticipates that extraordinary 

circumstances from ending the 

certification program may have a 

significant environmental effect (7 CFR 

1501.4(b)). This final rule, which 

removes 9 CFR 355 from the Code of 

Federal Regulations, will not create any 

extraordinary circumstances that will 

result in this normally excluded action 

having a significant effect on the human 

environment. Therefore, this action is 

appropriately subject to the categorical 

exclusion from the preparation of an 

environmental assessment or 

environmental impact statement 

provided under 7 CFR 1b.4 of the USDA 

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 


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Federal Register / Vol. 87, No. 98 / Friday, May 20, 2022 / Rules and Regulations 30775 

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/policy/federal-registerrulemaking. 

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. 

Congressional Review Act 

Pursuant to the Congressional Review 

Act (5 U.S.C. 801, et seq.), the Office of 

Information and Regulatory Affairs has 

determined that this rule is not a ‘‘major 

rule,’’ as defined by 5 U.S.C. 804(2). 

USDA Non-Discrimination Statement 

In accordance with Federal civil 

rights law and 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 355 

Animal foods, Certified pet food, 

Labeling, Meat inspection, Packaging 

and containers, Reporting and 

recordkeeping. 

PART 355—[REMOVED AND 

RESERVED] 

■ For the reasons set out in the 

preamble, and under the authority of 7 

U.S.C. 1622, 1624; 7 CFR 2.17 (g) and 

(i), and 2.55, FSIS removes 9 CFR part 

355. 

Done at Washington, DC. 

Paul Kiecker, 

Administrator. 

[FR Doc. 2022–10885 Filed 5–19–22; 8:45 am] 

BILLING CODE 3410–DM–P 

DEPARTMENT OF ENERGY 

10 CFR Part 430 

[EERE–2019–BT–TP–0003] 

RIN 1904–AE30 

Energy Conservation Program: Test 

Procedures for Direct Heating 

Equipment 

AGENCY: Office of Energy Efficiency and 

Renewable Energy, Department of 

Energy. 

ACTION: Final rule. 

SUMMARY: The U.S. Department of 

Energy (‘‘DOE’’) is amending the test 

procedure for direct heating equipment 

to incorporate by reference the most 

recent versions of the industry 

consensus test standards previously 

referenced in the Federal test procedure, 

while maintaining the existing oil 

pressure measurement error value. DOE 

is also updating definitions regarding 

unvented heaters, accounting for 

multiple operational modes, specifying 

the input rate for conducting the cyclic 

condensate collection test, specifying 

the use of manufacturer values for gas 

supply pressure in certain 

circumstances, specifying the allowable 

range of regulator outlet pressure and 

specific gravity, providing an option to 

use fewer thermocouples in the 

thermocouple grid for models with 

small-diameter flues, clarifying 

instructions for calculations regarding 

condensate mass measurements, and 

specifying the methods to appropriately 

shield thermocouples from radiation. 

DATES: The effective date of this rule is 

June 21, 2022. The final rule changes 

will be mandatory for product testing 

starting November 16, 2022. The 

incorporation by reference of certain 

publications listed in the rule is 

approved by the Director of the Federal 

Register on June 21, 2022. The 

incorporation by reference of other 

publications listed in this rulemaking 

was approved by the Director of the 

Federal Register on January 16, 2013. 

ADDRESSES: The docket, which includes 

Federal Register notices, public meeting 

attendee lists and transcripts, 

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. 

A link to the docket web page can be 

found at www.regulations.gov/ 


khammond on DSKJM1Z7X2PROD with RULES