Federal Register / Vol. 87, No. 29 / Friday, February 11, 2022 / Rules and Regulations 7947 

telephone (218)725–3818, email 

DuluthWWM@uscg.mil. 

SUPPLEMENTARY INFORMATION: The Coast 

Guard will enforce the special local 

regulation for the annual Pointe to La 

Pointe Swim event in 33 CFR 

165.943(a)(9) from 7 a.m. through 11 

a.m. on August 06, 2022 on all waters 

between Bayfield, WI and Madeline 

Island, WI within an imaginary line 

created by the following coordinates: 

46°48′27.55′′ N, 090°48′56.86′′ W, 

moving southeast to 46°48′21.2′′ N, 

090°48′59.9′′ W, moving south to 

46°47′19.91′′ N, 090°49′46.18′′ W, 

moving east 46°47′21.18′′ N, 

090°49′02.39′′ W, then moving north to 

46°48′21.20′′ N, 090°48′56.86′′ W and 

finally running back to the starting 

point. 

Entry into, transiting, or anchoring 

within the safety zone is prohibited 

unless authorized by the Captain of the 

Port Duluth or a designated on-scene 

representative. 

This notice of enforcement is issued 

under authority of 33 CFR 165.943 and 

5 U.S.C. 552(a). In addition to this 

publication in the Federal Register, the 

Coast Guard will provide the maritime 

community with advance notification of 

the enforcement of this safety zone via 

Broadcast Notice to Mariners or Local 

Notice to Mariners. The Captain of the 

Port Duluth may be contacted via 

Channel 16, VFH–FM or at (218) 428– 

9357. 

Dated: February 1, 2022. 

F.M. Smith, 

Commander, U.S. Coast Guard, Captain of 

the Port. 

[FR Doc. 2022–02942 Filed 2–10–22; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF AGRICULTURE 

Forest Service 

36 CFR Part 251 

RIN 0596–AD36 

Land Uses; Special Uses; Procedures 

for Operating Plans and Agreements 

for Powerline Facility Maintenance and 

Vegetation Management Within and 

Abutting the Linear Right-of-Way for a 

Powerline Facility 

AGENCY: Forest Service, (Agriculture) 

USDA. 

ACTION: Final rule; technical 

amendment. 

SUMMARY: The Forest Service, U.S. 

Department of Agriculture, is making 

purely technical, clarifying revisions to 

its existing regulations governing 

procedures for operating plans and 

agreements for powerline facility 

inspection, operation and maintenance, 

and vegetation management. The 

revisions are necessary to conform 

definitions and text in the regulations to 

revisions made to the proposed 

implementing directive in response to 

public comment. These purely 

technical, clarifying revisions do not 

formulate standards, criteria, or 

guidelines applicable to Forest Service 

programs and therefore do not require 

public notice and comment under 

section 14(a) of the Forest and 

Rangeland Renewable Resources 

Planning Act of 1974. 

DATES: Effective February 9, 2022. 

FOR FURTHER INFORMATION CONTACT: 

Reggie Woodruff, Energy Program 

Manager, Lands and Realty 

Management, 202–205–1196 or 

reginal.woodruff@usda.gov. 

SUPPLEMENTARY INFORMATION: This final 

rule makes purely technical, clarifying 

revisions to the Department’s existing 

regulations at 36 CFR 251.51 and 

251.56(h) governing procedures for 

operating plans and agreements for 

powerline facility inspection, operation 

and maintenance, and vegetation 

management. The revisions conform 

definitions in § 251.51 and text in 

§ 251.56(h) to revisions made to the 

proposed implementing directive in 

response to public comment. 

Specifically, the Department is adding 

the term ‘‘qualified vegetation 

management specialist’’ to the 

definition of ‘‘hazard tree’’ to be more 

inclusive of personnel titles used by 

owners and operators and is removing 

the reference to the Forest Service in 

connection with who may identify 

hazard trees because the owner or 

operator, not the Forest Service, is 

responsible for inspecting, identifying, 

and felling hazard trees. 

In the definition of ‘‘minimum 

vegetation clearance distance,’’ the 

Department is adding the phrase ‘‘that is 

used to prevent flashover between 

conductors and vegetation for various 

altitudes and operating voltages’’ and 

removing the phrase ‘‘within or abutting 

the linear boundary of a special use 

authorization for a powerline facility’’ to 

better align the definition of minimum 

vegetation clearance distance with the 

industry definition. 

In the definition for ‘‘operating plan 

or agreement for a powerline facility,’’ 

the Department is adding a reference to 

construction, reconstruction, and 

maintenance of access roads and trails, 

which are covered by an operating plan 

or agreement. 

The Department is revising the 

definition for ‘‘powerline facility’’ to 

clarify that it includes communications 

equipment that is owned by the owner 

or operator; that solely supports 

operation and maintenance of the 

electric distribution or transmission 

lines; and that is not leased to other 

parties for communications uses that 

serve other purposes. Communications 

equipment that does not meet these 

criteria must be authorized under a 

separate special use authorization. 

The Department is removing the terms 

‘‘removal’’ and ‘‘remove’’ as they relate 

to hazard trees and vegetation in the 

definitions and text and replacing them 

with the terms ‘‘felling’’ and ‘‘fell’’ to 

accurately describe accepted treatment 

of hazard trees and vegetation. 

Consistent with the defined term 

‘‘linear right-of-way,’’ the Department is 

replacing the phrase ‘‘linear boundary of 

a special use authorization for a 

powerline facility’’ with the phrase 

‘‘linear right-of-way for a powerline 

facility’’ in the definitions for 

‘‘minimum vegetation clearance 

distance,’’ ‘‘emergency vegetation 

management,’’ ‘‘operating plan or 

agreement for a powerline facility 

(operating plan or agreement),’’ and 

‘‘non-emergency (routine) vegetation 

management.’’ 

An owner or operator that meets 

either of the two criteria for an operating 

agreement specified in the governing 

statute, section 512 of the Federal Land 

Policy and Management Act (43 U.S.C. 

1772), is eligible for an operating 

agreement. An owner or operator that 

meets both criteria is also eligible. To 

clarify that point, the Department is 

revising § 251.56(h)(2) to provide that an 

owner or operator that meets the first 

and/or the second criterion is eligible 

for an operating agreement. 

Consistent with the final 

implementing directive, for powerline 

facilities without an operating plan, the 

Department is revising § 251.56(h)(3) to 

extend the deadline for submitting a 

proposed operating plan or agreement 

from August 31, 2023, to 18 months 

from the date the authorized officer 

notifies the owner or operator that a 

proposed operating plan or agreement 

must be submitted, which must occur 

no later than September 30, 2026. 

Revised § 251.56(h)(3) gives the 

authorized officer the discretion to 

determine the sequence of notification 

of the requirement to submit a proposed 

modified operating plan or proposed 

operating plan or agreement, based on 

factors enumerated in the final 

implementing directive. 

The final implementing directive 

provides for the requisite environmental 


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7948 Federal Register / Vol. 87, No. 29 / Friday, February 11, 2022 / Rules and Regulations 

analysis and consultation for routine 

vegetation management to be completed 

before a proposed operating plan or 

agreement is approved, or case-by-case 

after a proposed operating plan or 

agreement is approved, but before 

routine vegetation management is 

conducted. Accordingly, the 

Department is revising the second 

criterion in § 251.56(h)(5)(viii)(A) that 

must be met to conduct routine 

vegetation management without 

authorized officer approval to state that 

the proposed routine vegetation 

management must be covered by 

approval of a proposed operating plan 

or agreement or by subsequent case-bycase environmental analysis and 

consultation. 

Also for consistency with the final 

implementing directive, the Department 

is revising § 251.56(h)(5)(viii)(B) to 

provide that the owner or operator must 

notify the authorized officer by email of 

the location and type of emergency 

vegetation management as soon as 

practicable, but no later than 24 hours 

after completion, and that within 30 

days of completion must submit to the 

authorized officer a written report 

detailing at a minimum the location, 

type, and scope of emergency vegetation 

management conducted, the reason it 

was conducted, the methods used to 

conduct it, and the resulting benefit. 

For consistency with the final 

implementing directive, the Department 

is revising § 251.56(h)(7) to require that 

at least every 10 years, rather than every 

5 years, from the approval date of an 

operating plan or agreement, the owner 

or operator must review and, as 

appropriate not just as necessary, 

propose updates to the operating plan or 

agreement to ensure consistency with 

changed conditions. In addition, 

consistent with the final implementing 

directive, revised paragraph (h)(7) 

provides that proposed updates to an 

approved operating plan or agreement 

that are deemed significant by the 

authorized officer will be treated as 

proposed modifications and must be 

submitted by the owner or operator for 

review and approval by the authorized 

officer in accordance with the 

procedures described in paragraph 

(h)(6). Revised paragraph (h)(7) further 

provides that proposed updates that are 

deemed non-significant by the 

authorized officer may be made by 

written agreement of the owner or 

operator and the authorized officer. 

Regulatory Certifications 

Regulatory Planning and Review 

(Executive Orders 12866 and 13563) 

Consistent with Executive Order 

(E.O.) 12866, the Office of Information 

and Regulatory Affairs (OIRA) in the 

Office of Management and Budget will 

determine whether proposed, interim, 

and final rules that impose, eliminate, 

or modify requirements on non-Forest 

Service parties are significant and will 

review any proposed, interim, or final 

rules that OIRA has designated as 

significant. This final rule does not 

impose, eliminate, or modify 

requirements on non-Forest Service 

parties and therefore does not require a 

significance determination by OIRA. 

E.O. 13563 reaffirms the principles of 

E.O. 12866 while calling for 

improvements in the nation’s regulatory 

system to promote predictability, to 

reduce uncertainty, and to use the best, 

most innovative, and least burdensome 

tools for achieving regulatory ends. The 

Forest Service has developed this final 

rule consistent with E.O. 13563. 

Congressional Review Act 

Since this final rule does not impose, 

eliminate, or modify requirements on 

non-Forest Service parties, it is not a 

major rule as defined by the Small 

Business Regulatory Enforcement 

Fairness Act of 1996 (known as the 

Congressional Review Act), 5 U.S.C. 

804(2). 

National Environmental Policy Act 

This final rule will make purely 

technical, clarifying revisions to existing 

Forest Service regulations at 36 CFR 

251.51 and 251.56(h) to conform to 

revisions made to the proposed 

implementing directive in response to 

public comment. Agency regulations at 

36 CFR 220.6(d)(2) (73 FR 43093) 

exclude from documentation in an 

environmental assessment (EA) or 

environmental impact statement (EIS) 

‘‘rules, regulations, or policies to 

establish Service-wide administrative 

procedures, program processes, or 

instructions.’’ The Forest Service has 

concluded that this final rule falls 

within this category of actions and that 

no extraordinary circumstances exist 

which would require preparation of an 

EA or EIS. 

Regulatory Flexibility Act Analysis 

The Forest Service has considered 

this final rule under the requirements of 

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

602 et seq.). This final rule will not have 

any direct effect on small entities as 

defined by the Regulatory Flexibility 

Act. The final rule will not impose 

recordkeeping requirements on small 

entities; will not affect their competitive 

position in relation to large entities; and 

will not affect their cash flow, liquidity, 

or ability to remain in the market. 

Therefore, the Forest Service has 

determined that this final rule will not 

have a significant economic impact on 

a substantial number of small entities 

pursuant to the Regulatory Flexibility 

Act. 

Federalism 

The Forest Service has considered 

this final rule under the requirements of 

E.O. 13132, Federalism. The Forest 

Service has determined that the final 

rule conforms with the federalism 

principles set out in this E.O.; will not 

impose any compliance costs on the 

states; and will not have substantial 

direct effects on the states, on the 

relationship between the Federal 

government and the states, or on the 

distribution of power and 

responsibilities among the various 

levels of government. Therefore, the 

Forest Service has concluded that the 

final rule does not have Federalism 

implications. 

Consultation With Tribal Governments 

The Forest Service has reviewed this 

final rule in accordance with the 

requirements of E.O. 13175, 

Consultation and Coordination with 

Indian Tribal Governments. The Forest 

Service has determined that national 

tribal consultation is not necessary for 

the final rule. The final rule, which will 

make purely technical, clarifying 

revisions to existing Forest Service 

regulations at 36 CFR 251.51 and 

251.56(h) to conform to revisions made 

to the proposed implementing directive 

in response to public comment, does not 

impose, eliminate, or modify 

requirements on non-Forest Service 

parties and therefore does not have any 

direct effects on tribes. 

Environmental Justice 

The Forest Service has considered the 

final rule under the requirements of E.O. 

12898, Federal Actions to Address 

Environmental Justice in Minority 

Populations and Low-Income 

Populations. The Forest Service has 

determined that the final rule is 

consistent with E.O. 12898. 

No Takings Implications 

The Forest Service has analyzed the 

final rule in accordance with the 

principles and criteria in E.O. 12630, 

Governmental Actions and Interference 

with Constitutionally Protected Property 

Rights. The Forest Service has 

determined that the final rule will not 


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Federal Register / Vol. 87, No. 29 / Friday, February 11, 2022 / Rules and Regulations 7949 

pose the risk of a taking of private 

property. 

Energy Effects 

The Forest Service has reviewed the 

final rule under E.O. 13211, Actions 

Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use. The Forest Service 

has determined that the final rule will 

not constitute a significant energy action 

as defined in E.O. 13211, and OIRA has 

not otherwise designated the final rule 

as a significant energy action. 

Civil Justice Reform 

The Forest Service has analyzed the 

final rule in accordance with the 

principles and criteria in E.O. 12988, 

Civil Justice Reform. Upon issuance of 

the final rule, (1) all state and local laws 

and regulations that conflict with the 

final rule or that impede its full 

implementation will be preempted; (2) 

no retroactive effect will be given to this 

final rule; and (3) it will not require 

administrative proceedings before 

parties may file suit in court challenging 

its provisions. 

Unfunded Mandates 

Pursuant to Title II of the Unfunded 

Mandates Reform Act of 1995 (2 U.S.C. 

1531–1538), signed into law on March 

22, 1995, the Forest Service has assessed 

the effects of the final rule on state, 

local, and tribal governments and the 

private sector. The final rule will not 

compel the expenditure of $100 million 

or more by any state, local, or tribal 

government or anyone in the private 

sector. Therefore, a statement under 

section 202 of the Act is not required. 

Controlling Paperwork Burdens on the 

Public 

The final rule does not contain 

information collection requirements as 

defined in 5 CFR part 1320 that are not 

already required by law or not already 

approved for use. Accordingly, the 

review provisions of the Paperwork 

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

et seq.) and its implementing 

regulations at 5 CFR part 1320 do not 

apply. 

List of Subjects in 36 CFR Part 251 

Electric power, Mineral resources, 

National forests, Rights-of-way, and 

Water resources. 

Therefore, for the reasons set forth in 

the preamble, the Department is 

amending part 251, subpart B, of title 36 

of the Code of Federal Regulations as 

follows: 

PART 251—LAND USES 

Subpart B—Special Uses 

■ 1. The authority citation for part 251 

continues to read as follows: 

Authority: 16 U.S.C. 472, 479b, 551, 1134, 

3210, 6201–13; 30 U.S.C. 1740, 1761–1771. 

■ 2. The authority citation for subpart B 

continues to read as follows: 

Authority: 16 U.S.C. 460l–6a, 460l–6d, 

472, 497b, 497c, 551, 580d, 1134, 3210; 30 

U.S.C. 185; 43 U.S.C. 1740, 1761–1772. 

■ 3. Amend § 251.51 by revising the 

definitions of ‘‘Hazard tree’’, ‘‘Minimum 

vegetation clearance distance’’, 

‘‘Operating plan or agreement for a 

powerline facility (hereinafter 

‘‘operating plan or agreement’’)’’, 

‘‘Powerline facility’’, and ‘‘Vegetation 

management’’ to read as follows: 

§ 251.51 Definitions. 

* * * * * 

Hazard tree—for purposes of 

vegetation management for a powerline 

facility, any tree, brush, shrub, other 

plant, or part thereof, hereinafter 

‘‘vegetation’’ (whether located on NFS 

lands inside or outside the linear rightof-way for the powerline facility), that 

has been designated, prior to failure, by 

a certified or licensed arborist, qualified 

vegetation management specialist, or 

forester under the supervision of the 

owner or operator to be: 

(1) Dead; likely to die or fail before 

the next routine vegetation management 

cycle; or in a position that, under 

geographical or atmospheric conditions, 

could cause the vegetation to fall, sway, 

or grow into the powerline facility 

before the next routine vegetation 

management cycle; and 

(2) Likely to cause substantial damage 

to the powerline facility; disrupt 

powerline facility service; come within 

10 feet of the powerline facility; or come 

within the minimum vegetation 

clearance distance as determined in 

accordance with applicable reliability 

and safety standards and as identified in 

the special use authorization for the 

powerline facility and the associated 

approved operating plan or agreement. 

* * * * * 

Minimum vegetation clearance 

distance—the calculated distance 

(stated in feet or meters) that is used to 

prevent flashover between conductors 

and vegetation for various altitudes and 

operating voltages. The MVCD is 

measured from a conductor’s maximum 

operating sag to vegetation on NFS 

lands within the linear right-of-way for 

a powerline facility and on NFS lands 

adjacent to either side of the linear 

right-of-way for a powerline facility for 

purposes of felling or pruning hazard 

trees, which the owner or operator uses 

to determine whether vegetation poses a 

system reliability hazard to the 

powerline facility. 

* * * * * 

Operating plan or agreement for a 

powerline facility (hereinafter 

‘‘operating plan or agreement’’)—a plan 

or agreement prepared by the owner or 

operator of a powerline facility, 

approved by the authorized officer, and 

incorporated by reference into the 

corresponding special use authorization 

that provides for long-term, costeffective, efficient, and timely 

inspection, operation, maintenance, and 

vegetation management of the powerline 

facility on NFS lands within the linear 

right-of-way for the powerline facility 

and on NFS lands adjacent to either side 

of the linear right-of-way to fell or prune 

hazard trees and to construct, 

reconstruct, and maintain access roads 

and trails, to enhance electric reliability, 

promote public safety, and avoid fire 

hazards. 

* * * * * 

Powerline facility. One or more 

electric distribution or transmission 

lines authorized by a special use 

authorization, and all appurtenances to 

those lines supporting conductors of 

one or more electric circuits of any 

voltage for the transmission of electric 

energy, overhead ground wires, and 

communications equipment that is 

owned by the owner or operator; that 

solely supports operation and 

maintenance of the electric distribution 

or transmission lines; and that is not 

leased to other parties for 

communications uses that serve other 

purposes. 

* * * * * 

Vegetation management. (1) 

Emergency vegetation management— 

unplanned felling and pruning of 

vegetation on National Forest System 

lands within the linear right-of-way for 

a powerline facility and unplanned 

felling and pruning of hazard trees on 

abutting National Forest System lands 

that have contacted or present an 

imminent danger of contacting the 

powerline facility to avoid the 

disruption of electric service or to 

eliminate an immediate fire or safety 

hazard. 

(2) Non-emergency (routine) 

vegetation management—planned 

actions as described in an operating 

plan or agreement periodically taken to 

fell or prune vegetation on National 

Forest System lands within the linear 

right-of-way for a powerline facility and 

on abutting National Forest System 

lands to fell or prune hazard trees to 


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7950 Federal Register / Vol. 87, No. 29 / Friday, February 11, 2022 / Rules and Regulations 

ensure normal powerline facility 

operations and to prevent wildfire in 

accordance with applicable reliability 

and safety standards and as identified in 

an approved operating plan or 

agreement. 

■ 4. Amend § 251.56 by revising 

paragraphs (h)(2), (h)(3), (h)(5)(viii), 

(h)(7), and (h)(10)(v) to read as follows: 

§ 251.56 Terms and Conditions 

* * * * * 

(h) * * * 

(2) Use of operating agreements. 

Powerline facilities that are not subject 

to the mandatory reliability standards 

established by the Electric Reliability 

Organization and/or that sold less than 

or equal to 1,000,000 megawatt hours of 

electric energy for purposes other than 

resale during each of the 3 calendar 

years immediately preceding March 23, 

2018, may be subject to an agreement, 

instead of an operating plan. Powerline 

facilities that are not subject to an 

agreement must be subject to an 

operating plan. 

(3) Existing operating plans and lack 

of an operating plan. The authorized 

officer shall determine, in consultation 

with the owner or operator of a 

powerline facility, whether the existing 

operating plan for that powerline 

facility is consistent with paragraph (h) 

of this section and shall notify the 

owner or operator of that determination. 

Within 18 months of the date of 

notification that the existing operating 

plan is inconsistent with paragraph (h) 

of this section, the owner or operator 

shall modify the existing operating plan 

to be consistent with paragraph (h) of 

this section or, if eligible, shall prepare 

a proposed operating agreement and 

shall submit the proposed modified 

operating plan or proposed operating 

agreement to the authorized officer for 

review and approval. Existing operating 

plans that are consistent with paragraph 

(h) of this section do not have to be 

submitted for reapproval by the 

authorized officer. If an owner or 

operator does not have an operating 

plan, within 18 months of the date of 

notification from the authorized officer 

that a proposed operating plan or 

agreement must be submitted, the owner 

or operator shall submit to the 

authorized officer a proposed operating 

plan or agreement consistent with 

paragraph (h) of this section for review 

and approval. The authorized officer 

shall provide notification of the 

requirement to submit a proposed 

modified operating plan or a proposed 

operating plan or agreement no later 

than September 30, 2026. The 

authorized officer has the discretion to 

determine the sequence of notification, 

based on factors enumerated in 

implementing Forest Service directives. 

* * * * * 

(5) * * * 

(viii) Include the following 

procedures with regard to whether 

authorized officer approval is required 

for vegetation management: 

(A) Routine vegetation management. 

Routine vegetation management must 

have prior written approval from the 

authorized officer, unless all 3 of the 

following conditions are met: 

(1) The owner or operator has 

submitted a request for approval to the 

authorized officer in accordance with 

the specified timeframe in the approved 

operating plan or agreement; 

(2) The proposed routine vegetation 

management is covered by approval of 

a proposed operating plan or agreement 

or by subsequent case-by-case 

environmental analysis and 

consultation; and 

(3) The authorized officer has failed to 

respond to the request in accordance 

with the specified timeframe in the 

approved operating plan or agreement. 

(B) Emergency vegetation 

management. Emergency vegetation 

management does not require prior 

written approval from the authorized 

officer. The owner or operator shall 

notify the authorized officer by email of 

the location and type of emergency 

vegetation management as soon as 

practicable, but no later than 24 hours 

after completion. Within 30 days of 

completion, the owner or operator shall 

submit to the authorized officer a 

written report detailing at a minimum 

the location, type, and scope of 

emergency vegetation management 

conducted, the reason it was conducted, 

the methods used to conduct it, and the 

resulting benefit; 

* * * * * 

(7) Review and expiration of approved 

operating plans and agreements. At 

least every 10 years from the approval 

date of an operating plan or agreement, 

the owner or operator shall review and, 

as necessary or appropriate, propose 

updates to the operating plan or 

agreement to ensure consistency with 

changed conditions. Proposed updates 

to an approved operating plan or 

agreement that are deemed significant 

by the authorized officer shall be treated 

as proposed modifications and shall be 

submitted by the owner or operator for 

review and approval by the authorized 

officer in accordance with the 

procedures described in paragraph 

(h)(6) of this section. Proposed updates 

that are deemed non-significant by the 

authorized officer may be made by 

written agreement of the owner or 

operator and the authorized officer. 

Upon expiration of a special use 

authorization for a powerline facility, 

the owner or operator shall prepare a 

new proposed operating plan or 

agreement, either solely or in 

consultation with the authorized officer, 

and shall submit it to the authorized 

officer for review and approval in 

accordance with the procedures 

described in paragraph (h)(6) of this 

section. 

* * * * * 

(10) * * * 

(v) Seek to minimize the need for 

case-by-case approvals for routine 

vegetation management (including 

hazard tree felling and pruning), 

powerline facility inspection, and 

operation and maintenance of powerline 

facilities; and 

* * * * * 

Dated: February 7, 2022. 

Meryl Harrell, 

Deputy Under Secretary, Natural Resources 

and Environment. 

[FR Doc. 2022–02889 Filed 2–9–22; 11:15 am] 

BILLING CODE 3411–15–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 180 

[EPA–HQ–OPP–2020–0736; FRL–9093–01– 

OCSPP] 

Bacillus subtilis Strain CH3000; 

Exemption From The Requirement of a 

Tolerance 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: This regulation establishes an 

exemption from the requirement of a 

tolerance for residues of Bacillus subtilis 

strain CH3000 in or on all food 

commodities when used in accordance 

with label directions and good 

agricultural practices. Chr. Hansens 

Laboratory Inc. submitted a petition to 

EPA under the Federal Food, Drug, and 

Cosmetic Act (FFDCA), requesting an 

exemption from the requirement of a 

tolerance. This regulation eliminates the 

need to establish a maximum 

permissible level for residues of Bacillus 

subtilis strain CH3000 under FFDCA 

when used in accordance with this 

exemption. 

DATES: This regulation is effective 

February 11, 2022. Objections and 

requests for hearings must be received 

on or before April 12, 2022 and must be 

filed in accordance with the instructions 


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