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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provided in 40 CFR part 178 (see also 

Unit I.C. of the SUPPLEMENTARY

INFORMATION). 

ADDRESSES: The docket for this action, 

identified by docket identification (ID) 

number EPA–HQ–OPP–2020–0736, is 

available at https://www.regulations.gov 

or at the Office of Pesticide Programs 

Regulatory Public Docket (OPP Docket) 

in the Environmental Protection Agency 

Docket Center (EPA/DC), West William 

Jefferson Clinton Bldg., Rm. 3334, 1301 

Constitution Ave. NW, Washington, DC 

20460–0001. The Public Reading Room 

is open from 8:30 a.m. to 4:30 p.m., 

Monday through Friday, excluding legal 

holidays. The telephone number for the 

Public Reading Room is (202) 566–1744, 

and the telephone number for the OPP 

Docket is (703) 305–5805. 

Due to the public health concerns 

related to COVID–19, the EPA Docket 

Center (EPA/DC) and Public Reading 

Room are closed to visitors with limited 

exceptions. The staff continues to 

provide remote customer service via 

email, phone, and webform. For the 

latest status information on EPA/DC 

services and docket access, visit https:// 

www.epa.gov/dockets. 

FOR FURTHER INFORMATION CONTACT: 

Charles Smith, Biopesticides and 

Pollution Prevention Division (7511P), 

Office of Pesticide Programs, 

Environmental Protection Agency, 1200 

Pennsylvania Ave. NW, Washington, DC 

20460–0001; main telephone number: 

(703) 305–7090; email address: 

BPPDFRNotices@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. General Information 

A. Does this action apply to me? 

You may be potentially affected by 

this action if you are an agricultural 

producer, food manufacturer, or 

pesticide manufacturer. The following 

list of North American Industrial 

Classification System (NAICS) codes is 

not intended to be exhaustive, but rather 

provides a guide to help readers 

determine whether this document 

applies to them. Potentially affected 

entities may include: 

• Crop production (NAICS code 111). 

• Animal production (NAICS code 

112). 

• Food manufacturing (NAICS code 

311). 

• Pesticide manufacturing (NAICS 

code 32532). 

B. How can I get electronic access to 

other related information? 

You may access a frequently updated 

electronic version of 40 CFR part 180 

through the Office of the Federal 

Register’s e-CFR site at https://

www.ecfr.gov/current/title-40. 

C. How can I file an objection or hearing 

request? 

Under FFDCA section 408(g), 21 

U.S.C. 346a(g), any person may file an 

objection to any aspect of this regulation 

and may also request a hearing on those 

objections. You must file your objection 

or request a hearing on this regulation 

in accordance with the instructions 

provided in 40 CFR part 178. To ensure 

proper receipt by EPA, you must 

identify docket ID number EPA–HQ– 

OPP–2020–0736 in the subject line on 

the first page of your submission. All 

objections and requests for a hearing 

must be in writing and must be received 

by the Hearing Clerk on or before April 

12, 2022. Addresses for mail and hand 

delivery of objections and hearing 

requests are provided in 40 CFR 

178.25(b), although EPA strongly 

encourages those interested in 

submitting objections or a hearing 

request to submit objections and hearing 

requests electronically. See Order 

Urging Electronic Service and Filing 

(April 10, 2020), https://www.epa.gov/ 

sites/production/files/2020-05/ 

documents/2020-04-10_-_order_urging_

electronic_service_and_filing.pdf. At 

this time, because of the COVID–19 

pandemic, the judges and staff of the 

Office of Administrative Law Judges are 

working remotely and not able to accept 

filings or correspondence by courier, 

personal delivery, or commercial 

delivery, and the ability to receive 

filings or correspondence by U.S. Mail 

is similarly limited. When submitting 

documents to the U.S. EPA Office of 

Administrative Law Judges (OALJ), a 

person should utilize the OALJ e-filing 

system at https://yosemite.epa.gov/OA/ 

EAB/EAB-ALJ_upload.nsf. 

Although EPA’s regulations require 

submission via U.S. Mail or hand 

delivery, EPA intends to treat 

submissions filed via electronic means 

as properly filed submissions during 

this time that the Agency continues to 

maximize telework due to the 

pandemic; therefore, EPA believes the 

preference for submission via electronic 

means will not be prejudicial. If it is 

impossible for a person to submit 

documents electronically or receive 

service electronically, e.g., the person 

does not have any access to a computer, 

the person shall so advise OALJ by 

contacting the Hearing Clerk at (202) 

564–6281. If a person is without access 

to a computer and must file documents 

by U.S. Mail, the person shall notify the 

Hearing Clerk every time it files a 

document in such a manner. The 

address for mailing documents is U.S. 

Environmental Protection Agency, 

Office of Administrative Law Judges, 

Mail Code 1900R, 1200 Pennsylvania 

Ave. NW, Washington, DC 20460. 

In addition to filing an objection or 

hearing request with the Hearing Clerk 

as described in 40 CFR part 178, please 

submit a copy of the filing (excluding 

any Confidential Business Information 

(CBI)) for inclusion in the public docket. 

Information not marked confidential 

pursuant to 40 CFR part 2 may be 

disclosed publicly by EPA without prior 

notice. Submit the non-CBI copy of your 

objection or hearing request, identified 

by docket ID number EPA–HQ–OPP– 

2020–0736, by one of the following 

methods: 

• Federal eRulemaking Portal: 

https://www.regulations.gov. Follow the 

online instructions for submitting 

comments. Do not submit electronically 

any information you consider to be CBI 

or other information whose disclosure is 

restricted by statute. 

• Mail: OPP Docket, Environmental 

Protection Agency Docket Center (EPA/ 

DC), (28221T), 1200 Pennsylvania Ave. 

NW, Washington, DC 20460–0001. 

• Hand Delivery: To make special 

arrangements for hand delivery or 

delivery of boxed information, please 

follow the instructions at https://

www.epa.gov/dockets/where-sendcomments-epa-dockets. 

Additional instructions on 

commenting or visiting the docket, 

along with more information about 

dockets generally, is available at https:// 

www.epa.gov/dockets. 

II. Background 

In the Federal Register of March 22, 

2021 (86 FR 15162) (FRL–10021–44), 

EPA issued a notice pursuant to FFDCA 

section 408(d)(3), 21 U.S.C. 346a(d)(3), 

announcing the filing of a pesticide 

tolerance exemption petition (PP 

0F8844) by Chr. Hansens Laboratory 

Inc., 9015 W Maple St., Milwaukee, WI 

53214. The petition requested that 40 

CFR part 180 be amended by 

establishing an exemption from the 

requirement of a tolerance for residues 

of the fungicide and nematicide Bacillus 

subtilis strain CH3000 in or on all food 

commodities. That notice referenced a 

summary of the petition prepared by the 

petitioner Chr. Hansens Laboratory Inc. 

and available in the docket via https:// 

www.regulations.gov. No comments 

were received on the notice of filing. 

III. Final Rule 

A. EPA’s Safety Determination 

Section 408(c)(2)(A)(i) of FFDCA 

allows EPA to establish an exemption 

from the requirement of a tolerance (the 


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7952 Federal Register / Vol. 87, No. 29 / Friday, February 11, 2022 / Rules and Regulations 

legal limit for a pesticide chemical 

residue in or on a food) only if EPA 

determines that the exemption is ‘‘safe.’’ 

Section 408(c)(2)(A)(ii) of FFDCA 

defines ‘‘safe’’ to mean that ‘‘there is a 

reasonable certainty that no harm will 

result from aggregate exposure to the 

pesticide chemical residue, including 

all anticipated dietary exposures and all 

other exposures for which there is 

reliable information.’’ This includes 

exposure through drinking water and in 

residential settings but does not include 

occupational exposure. Pursuant to 

FFDCA section 408(c)(2)(B), in 

establishing or maintaining in effect an 

exemption from the requirement of a 

tolerance, EPA must take into account 

the factors set forth in FFDCA section 

408(b)(2)(C), which require EPA to give 

special consideration to exposure of 

infants and children to the pesticide 

chemical residue in establishing a 

tolerance or tolerance exemption and to 

‘‘ensure that there is a reasonable 

certainty that no harm will result to 

infants and children from aggregate 

exposure to the pesticide chemical 

residue. . . .’’ Additionally, FFDCA 

section 408(b)(2)(D) requires that EPA 

consider ‘‘available information 

concerning the cumulative effects of [a 

particular pesticide’s] . . . residues and 

other substances that have a common 

mechanism of toxicity.’’ 

EPA evaluated the available 

toxicological and exposure data on 

Bacillus subtilis strain CH3000 and 

considered their validity, completeness, 

and reliability, as well as the 

relationship of this information to 

human risk. A full explanation of the 

data upon which EPA relied and its risk 

assessment based on those data can be 

found within the document entitled 

‘‘Human Health Risk Assessment of 

Bacillus paralicheniformis strain 

CH2970 and Bacillus subtilis strain 

CH3000, New Active Ingredients, in 

CH2970, CH3000, and CH2970/CH3000 

Proposed for Registration and 

Associated Petitions Requesting 

Tolerance Exemptions’’ (Bacillus 

paralicheniformis strain CH2970 and 

Bacillus subtilis strain CH3000 Human 

Health Assessment). This document, as 

well as other relevant information, is 

available in the docket for this action as 

described under ADDRESSES. 

The available data and rationale 

demonstrated that, with regard to 

humans, Bacillus subtilis strain CH3000 

is not toxic, pathogenic, or infective via 

the pulmonary route of exposure when 

administered intratracheally at a single 

dose of 1.03 x 109 colony-forming units 

per test animal; is not anticipated to be 

toxic, pathogenic, or infective via the 

oral route of exposure; and is not 

anticipated to be toxic or irritating via 

the dermal route of exposure. 

Additionally, the acute pulmonary 

toxicity/pathogenicity study 

demonstrated a pattern of clearance of 

Bacillus subtilis strain CH3000 from the 

cecum contents and organs of the test 

animals. Although there may be 

minimal dietary exposure to residues of 

Bacillus subtilis strain CH3000 when 

used in accordance with label directions 

and good agricultural practices, there 

are no risks of human health concern 

due to the lack of potential for adverse 

effects. There are no current or proposed 

uses of Bacillus subtilis strain CH3000 

that would result in non-occupational 

exposures. Because there are no 

threshold levels of concern with the 

toxicity, pathogenicity, or infectivity of 

Bacillus subtilis strain CH3000, EPA 

determined that no additional margin of 

safety is necessary to protect infants and 

children as part of the qualitative 

assessment conducted. Based upon its 

evaluation in the Bacillus 

paralicheniformis strain CH2970 and 

Bacillus subtilis strain CH3000 Human 

Health Assessment, which concludes 

that there are no risks of concern from 

aggregate exposure to Bacillus subtilis 

strain CH3000, EPA concludes that 

there is a reasonable certainty that no 

harm will result to the U.S. population, 

including infants and children, from 

aggregate exposure to residues of 

Bacillus subtilis strain CH3000. 

B. Analytical Enforcement Methodology 

An analytical method is not needed 

for Bacillus subtilis strain CH3000 due 

to the lack of potential adverse effects, 

which is the basis for EPA establishing 

an exemption from the requirement of a 

tolerance without any numerical 

limitation. 

C. Conclusion 

Therefore, an exemption from the 

requirement of a tolerance is established 

for residues of Bacillus subtilis strain 

CH3000 in or on all food commodities 

when used in accordance with label 

directions and good agricultural 

practices. 

IV. Statutory and Executive Order 

Reviews 

This action establishes a tolerance 

exemption under FFDCA section 408(d) 

in response to a petition submitted to 

EPA. The Office of Management and 

Budget (OMB) has exempted these types 

of actions from review under Executive 

Order 12866, entitled ‘‘Regulatory 

Planning and Review’’ (58 FR 51735, 

October 4, 1993). Because this action 

has been exempted from review under 

Executive Order 12866, this action is 

not subject to Executive Order 13211, 

entitled ‘‘Actions Concerning 

Regulations That Significantly Affect 

Energy Supply, Distribution, or Use’’ (66 

FR 28355, May 22, 2001), or Executive 

Order 13045, entitled ‘‘Protection of 

Children from Environmental Health 

Risks and Safety Risks’’ (62 FR 19885, 

April 23, 1997). This action does not 

contain any information collections 

subject to OMB approval under the 

Paperwork Reduction Act, 44 U.S.C. 

3501 et seq., nor does it require any 

special considerations under Executive 

Order 12898, entitled ‘‘Federal Actions 

to Address Environmental Justice in 

Minority Populations and Low-Income 

Populations’’ (59 FR 7629, February 16, 

1994). 

Since tolerances and exemptions that 

are established on the basis of a petition 

under FFDCA section 408(d), such as 

the tolerance exemption in this action, 

do not require the issuance of a 

proposed rule, the requirements of the 

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

et seq.) do not apply. 

This action directly regulates growers, 

food processors, food handlers, and food 

retailers, not States or Tribes. As a 

result, this action does not alter the 

relationships or distribution of power 

and responsibilities established by 

Congress in the preemption provisions 

of FFDCA section 408(n)(4). As such, 

EPA has determined that this action will 

not have a substantial direct effect on 

States or Tribal Governments, on the 

relationship between the National 

Government and the States or Tribal 

Governments, or on the distribution of 

power and responsibilities among the 

various levels of government or between 

the Federal Government and Indian 

Tribes. Thus, EPA has determined that 

Executive Order 13132, entitled 

‘‘Federalism’’ (64 FR 43255, August 10, 

1999), and Executive Order 13175, 

entitled ‘‘Consultation and Coordination 

with Indian Tribal Governments’’ (65 FR 

67249, November 9, 2000), do not apply 

to this action. In addition, this action 

does not impose any enforceable duty or 

contain any unfunded mandate as 

described under Title II of the Unfunded 

Mandates Reform Act (2 U.S.C. 1501 et 

seq.). 

This action does not involve any 

technical standards that would require 

EPA’s consideration of voluntary 

consensus standards pursuant to section 

12(d) of the National Technology 

Transfer and Advancement Act (15 

U.S.C. 272 note). 

V. Congressional Review Act 

Pursuant to the Congressional Review 

Act (5 U.S.C. 801 et seq.), EPA will 

submit a report containing this rule and 


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Federal Register / Vol. 87, No. 29 / Friday, February 11, 2022 / Rules and Regulations 7953 

other required information to the U.S. 

Senate, the U.S. House of 

Representatives, and the Comptroller 

General of the United States prior to 

publication of the rule in the Federal 

Register. This action is not a ‘‘major 

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

List of Subjects in 40 CFR Part 180 

Environmental protection, 

Administrative practice and procedure, 

Agricultural commodities, Pesticides 

and pests, Reporting and recordkeeping 

requirements. 

Dated: February 4, 2022. 

Edward Messina, 

Director, Office of Pesticide Programs. 

Therefore, for the reasons stated in the 

preamble, EPA is amending 40 CFR 

chapter I as follows: 

PART 180—TOLERANCES AND 

EXEMPTIONS FOR PESTICIDE 

CHEMICAL RESIDUES IN FOOD 

■ 1. The authority citation for part 180 

continues to read as follows: 

Authority: 21 U.S.C. 321(q), 346a and 371. 

■ 2. Add § 180.1388 to subpart D to read 

as follows: 

§ 180.1388 Bacillus subtilis strain CH3000; 

exemption from the requirement of a 

tolerance. 

An exemption from the requirement 

of a tolerance is established for residues 

of Bacillus subtilis strain CH3000 in or 

on all food commodities when used in 

accordance with label directions and 

good agricultural practices. 

[FR Doc. 2022–02907 Filed 2–10–22; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 180 

[EPA–HQ–OPP–2020–0737; FRL–9094–01– 

OCSPP] 

Bacillus paralicheniformis Strain 

CH2970; 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 

paralicheniformis strain CH2970 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 

paralicheniformis strain CH2970 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 

provided in 40 CFR part 178 (see also 

Unit I.C. of the SUPPLEMENTARY

INFORMATION). 

ADDRESSES: The docket for this action, 

identified by docket identification (ID) 

number EPA–HQ–OPP–2020–0737, is 

available at https://www.regulations.gov 

or at the Office of Pesticide Programs 

Regulatory Public Docket (OPP Docket) 

in the Environmental Protection Agency 

Docket Center (EPA/DC), West William 

Jefferson Clinton Bldg., Rm. 3334, 1301 

Constitution Ave. NW, Washington, DC 

20460–0001. The Public Reading Room 

is open from 8:30 a.m. to 4:30 p.m., 

Monday through Friday, excluding legal 

holidays. The telephone number for the 

Public Reading Room is (202) 566–1744, 

and the telephone number for the OPP 

Docket is (703) 305–5805. 

Due to the public health concerns 

related to COVID–19, the EPA Docket 

Center (EPA/DC) and Public Reading 

Room are closed to visitors with limited 

exceptions. The staff continues to 

provide remote customer service via 

email, phone, and webform. For the 

latest status information on EPA/DC 

services and docket access, visit https:// 

www.epa.gov/dockets. 

FOR FURTHER INFORMATION CONTACT: 

Charles Smith, Biopesticides and 

Pollution Prevention Division (7511P), 

Office of Pesticide Programs, 

Environmental Protection Agency, 1200 

Pennsylvania Ave. NW, Washington, DC 

20460–0001; main telephone number: 

(703) 305–7090; email address: 

BPPDFRNotices@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. General Information 

A. Does this action apply to me? 

You may be potentially affected by 

this action if you are an agricultural 

producer, food manufacturer, or 

pesticide manufacturer. The following 

list of North American Industrial 

Classification System (NAICS) codes is 

not intended to be exhaustive, but rather 

provides a guide to help readers 

determine whether this document 

applies to them. Potentially affected 

entities may include: 

• Crop production (NAICS code 111). 

• Animal production (NAICS code 

112). 

• Food manufacturing (NAICS code 

311). 

• Pesticide manufacturing (NAICS 

code 32532). 

B. How can I get electronic access to 

other related information? 

You may access a frequently updated 

electronic version of 40 CFR part 180 

through the Office of the Federal 

Register’s e-CFR site at https://

www.ecfr.gov/current/title-40. 

C. How can I file an objection or hearing 

request? 

Under FFDCA section 408(g), 21 

U.S.C. 346a(g), any person may file an 

objection to any aspect of this regulation 

and may also request a hearing on those 

objections. You must file your objection 

or request a hearing on this regulation 

in accordance with the instructions 

provided in 40 CFR part 178. To ensure 

proper receipt by EPA, you must 

identify docket ID number EPA–HQ– 

OPP–2020–0737 in the subject line on 

the first page of your submission. All 

objections and requests for a hearing 

must be in writing and must be received 

by the Hearing Clerk on or before April 

12, 2022. Addresses for mail and hand 

delivery of objections and hearing 

requests are provided in 40 CFR 

178.25(b), although EPA strongly 

encourages those interested in 

submitting objections or a hearing 

request to submit objections and hearing 

requests electronically. See Order 

Urging Electronic Service and Filing 

(April 10, 2020), https://www.epa.gov/ 

sites/production/files/2020-05/ 

documents/2020-04-10_-_order_urging_

electronic_service_and_filing.pdf. At 

this time, because of the COVID–19 

pandemic, the judges and staff of the 

Office of Administrative Law Judges are 

working remotely and not able to accept 

filings or correspondence by courier, 

personal delivery, or commercial 

delivery, and the ability to receive 

filings or correspondence by U.S. Mail 

is similarly limited. When submitting 

documents to the U.S. EPA Office of 

Administrative Law Judges (OALJ), a 

person should utilize the OALJ e-filing 

system at https://yosemite.epa.gov/OA/ 

EAB/EAB-ALJ_upload.nsf. 

Although EPA’s regulations require 

submission via U.S. Mail or hand 

delivery, EPA intends to treat 

submissions filed via electronic means 

as properly filed submissions during 

this time that the Agency continues to 

maximize telework due to the 


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