27928 Federal Register / Vol. 87, No. 90 / Tuesday, May 10, 2022 / Rules and Regulations 

1Final Rule, Automatic Dependent SurveillanceBroadcast (ADS–B) Out Performance Requirements 

to Support Air Traffic Control (ATC), 75 FR 30160 

(May 28, 2010). 

2 GPS is a specific type of Global Navigation 

Satellite System (GNSS). 3FAA plans to begin divesture of some radar 

infrastructure as part of the transition to a satellitebased navigation and surveillance system. During 

the period from 2020 to 2025, FAA’s planned radar 

divestures will focus primarily on eliminating 

redundant/overlapping radars. 

4For more information on the SAPT, the FAA has 

developed the ADS–B SAPT/Receiver Autonomous 

Integrity Monitoring (RAIM) User Guide, which is 

available at: https://sapt.faa.gov/adsb-start.php. 

ANE MA E5 Jaffrey, NH [Established] 

Jaffrey/Silver Ranch Airport, NH 

(Lat. 42°48′18′′ W ′′N, long. 72°00′11′′ W) 

That airspace extending upward from 700 

feet above the surface within a 7.1-mile 

radius of Jaffrey/Silver Ranch Airport. 

Issued in College Park, Georgia, on May 2, 

2022. 

Andreese C. Davis, 

Manager, Airspace & Procedures Team South, 

Eastern Service Center, Air Traffic 

Organization. 

[FR Doc. 2022–09720 Filed 5–9–22; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 91 

[Docket No. FAA–2022–0619] 

Statement of Policy on Performance 

Requirements for Operators of Aircraft 

That Are Equipped With Automatic 

Dependent Surveillance-Broadcast 

(ADS–B) Out 

AGENCY: Federal Aviation 

Administration (FAA), Department of 

Transportation (DOT). 

ACTION: Policy statement. 

SUMMARY: This action announces 

revisions to the FAA’s policy on 

performance requirements for aircraft 

with Automatic Dependent 

Surveillance-Broadcast (ADS–B) Out 

equipment using the Selective 

Availability (SA)-Aware receivers in 

ADS–B rule airspace. The FAA will no 

longer expect aircraft with this 

equipment to perform a preflight 

availability prediction before operating 

in ADS–B rule airspace. 

DATES: The policy described herein is 

effective May 10, 2022. 

FOR FURTHER INFORMATION CONTACT: For 

technical information concerning this 

action, contact James Marks, Flight 

Technologies and Procedures Division, 

Aviation Safety, at (202) 267–8790. 

SUPPLEMENTARY INFORMATION: 

Authority for This Action 

The FAA’s authority to issue rules on 

aviation safety is found in Title 49 of the 

United States Code (49 U.S.C.). Subtitle 

I, Section 106, describes the authority of 

the FAA Administrator. Subtitle VII, 

Aviation Programs, describes in more 

detail the scope of the agency’s 

authority. 

The ADS–B Out equipage and 

performance requirements in §§ 91.225 

(Automatic Dependent SurveillanceBroadcast (ADS–B) Out equipment and 

use) and 91.227 (Automatic Dependent 

Surveillance-Broadcast (ADS–B) Out 

equipment performance requirements) 

of title 14 of the Code of Federal 

Regulations (14 CFR) were promulgated 

under the authority described in 

Subtitle VII, Part A, Subpart I, Section 

40103 (Sovereignty and Use of Airspace) 

and in Subpart III, Section 44701 

(General Requirements). Under Section 

40103, the FAA is charged with 

prescribing regulations on the flight of 

aircraft (including regulations on safe 

altitudes) for navigating, protecting, and 

identifying aircraft and the efficient use 

of the navigable airspace. Under section 

44701, the FAA is charged with 

promoting safe flight of civil aircraft in 

air commerce by prescribing regulations 

for practices, methods, and procedures 

the Administrator finds necessary for 

safety in air commerce. 

In § 91.227, the FAA set forth the 

ADS–B Out equipment performance 

requirements including accuracy and 

integrity performance standards. This 

policy statement is within the scope of 

the FAA’s authority and informs 

operators equipped with Selective 

Availability (SA)-Aware receivers about 

a change to the FAA policy requiring 

they perform preflight availability 

predictions to ensure their avionics 

broadcast elements required by § 91.227 

as part of their § 91.103 (Preflight 

Action) obligations. 

I. Background 

In 2010, the FAA issued a final rule 

prescribing equipage requirements and 

performance standards for ADS–B Out 

avionics on aircraft operating in certain 

airspace after January 1, 2020.1 ADS–B 

Out is an advanced surveillance 

technology that combines an aircraft’s 

position source, other aircraft avionics, 

and a ground receiver infrastructure to 

create an accurate and shared 

surveillance picture between aircraft 

and air traffic control (ATC). ADS–B 

Out provides air traffic controllers with 

real-time position information that is, in 

most cases, more accurate than the 

information available with current 

radar-based systems. With more 

accurate information, ATC will be able 

to position and separate aircraft with 

improved precision and timing so that 

efficiency and capacity will increase 

beyond current levels to meet the 

predicted demand for ATC services 

while maintaining or improving safety. 

ADS–B Position Sources 

Aircraft with ADS–B Out equipment 

continually broadcast information, such 

as identification, position, altitude, and 

velocity, through an onboard 

transmitter, which can be received by 

ADS–B ground stations (or satellite 

receivers) and by other aircraft 

appropriately equipped to receive this 

information. The ADS–B Out rule 

specifies the aircraft’s ADS–B Out 

equipment performance requirements 

for each flight in rule airspace rather 

than requiring any particular type of 

position source. All currently approved 

position sources rely on a Global 

Positioning System (GPS) receiver.2 The 

quality of each type of receiver can be 

described by its ‘‘rule performance’’ 

availability, which means the GPS 

receiver’s ability to achieve the 

performance requirements of 

§ 91.227(c)(1)(i) and (iii) for navigation 

accuracy category for position (NACp) 

and navigation integrity category (NIC). 

Technical Standard Order (TSO)-C166b 

and TSO–C154c contain the avionics 

standards for outputting NACp and NIC. 

FAA ADS–B Service Availability 

Prediction Tool (SAPT) 

The ADS–B Service Availability 

Prediction Tool (SAPT) is a preflight 

resource developed by the FAA, that 

predicts the ability of standard GPS 

receivers to meet the requirements of 

§ 91.227(c)(1)(i) and (iii) along a given 

route of flight. This prediction is based 

on the ability of the aircraft’s position 

source (e.g., GPS receiver) to meet ADS– 

B performance requirements based on 

the type of GPS receiver (FAA TSOs 

C129, C129a, C145c/C146c, and C196) 

and the predicted status of the GPS 

constellation. The SAPT also evaluates 

if backup surveillance is available 

where position source performance is 

predicted to fall below requirements.3

The ADS–B SAPT is primarily intended 

for pilots, dispatchers, and commercial 

operators to verify their predicted 

position source performance before 

flight and ensure compliance with the 

ADS–B Out rule.4

Exemption No. 12555 

In April 2015, Airlines for America 

(A4A) petitioned the FAA, on behalf of 


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5Regulatory Docket Number FAA–2015–0971 

(FAA Exemption No. 12555) at https://

www.regulations.gov/docket/FAA-2015-0971. 

6Statement of Policy on Performance 

Requirements for Operators of Aircraft That are 

Equipped with ADS–B Out, 84 FR 31713 (July 3, 

2019). 

7WAAS is a regional a space-based augmentation 

system (SBAS) operated by the FAA. 

8FAA also determined that certain GPS tightly 

integrated with inertial navigation systems would 

also provide 99.9 percent availability. 

A4A member airlines, for an exemption 

from the Navigation Accuracy Category 

for Position (NACp) and Navigation 

Integrity Category (NIC) requirements of 

the rule. A key premise of the 

exemption was an understanding that 

certain position sources were more 

likely than others to not perform at the 

required level established by the ADS– 

B Out rule. In August 2015, the 

Administrator issued Exemption No. 

12555,5 a time-limited grant of 

exemption from § 91.227(c)(1)(i) and 

(iii) for the period from January 1, 2020, 

through December 31, 2024. Exemption 

12555 permits operation of aircraft 

equipped with TSO–C129 (SA-On) and 

TSO–C196 (SA-Aware) in ADS–B Out 

rule airspace during periods when the 

GPS position provided to the installed 

ADS–B Out equipment does not achieve 

the required accuracy or integrity 

performance, provided certain 

conditions and limitations are met. 

Additionally, Exemption 12555 does not 

require aircraft equipped with SAAware GPS receivers to use a preflight 

availability prediction tool. 

2019 Policy Statement 

On July 3, 2019, the FAA published 

a Federal Register document with its 

policy on performance requirements for 

operators equipped with ADS–B Out, 

including those equipped with a SAAware position source.6 The FAA found 

that Wide Area Augmentation System 

(WAAS) 7 was the only GPS position 

source that consistently provided the 

equivalent availability to radar at 99.9 

percent availability.8 The FAA also 

believed that SA-Aware receivers could 

meet a similar 99.9 percent availability 

as long as there was no significant 

reduction in the GPS satellite 

constellation. Given since the data at the 

time of publication of the 2019 policy 

was limited, the FAA determined that 

aircraft equipped with GPS position 

sources such as Selective Ability-On 

(SA-On or SA-Aware were more likely 

to experience performance outages that 

limited their access to the airspace 

defined in the ADS–B rule. 

The 2019 policy statement reiterated 

§ 91.103’s requirement that pilots 

become familiar with all available 

information concerning a flight. The 

FAA explained that given the 

previously identified limitations of SAOn and SA-Aware receivers, the use of 

a preflight prediction tool is a reliable 

way of satisfying due diligence 

requirements under § 91.103. Therefore, 

these operators were required to confirm 

that a planned route of flight would 

comply with the ADS–B performance 

requirements in § 91.227(c)(1)(i) and 

(iii). Operators could use any reliable 

preflight prediction tool, with the SAPT 

providing a comprehensive and reliable 

preflight prediction for operators. The 

policy statement explained that for 

operators who had been notified by the 

FAA of consistent and repeated ADS–B 

Out performance issues, conducting an 

operation in accordance with the policy 

without first redressing the identified 

non-performance issue would be 

considered a continuation of the noncompliance with the performance 

requirements. Also, if an operator failed 

to conduct a preflight availability 

prediction for the operator’s intended 

operation and subsequently 

encountered degradation of GPS 

performance that resulted in the aircraft 

falling below the performance 

requirements of § 91.227(c)(1)(i) and 

(iii), that operator would be deemed to 

have violated the ADS–B rule—even if 

the operator’s flight were to be rerouted 

due to unforeseen circumstances. 

Performance Based Operations Aviation 

Rulemaking Committee (PARC) 

Exemption 12555 Action Team 

In August 2020, the FAA tasked the 

PARC to form an action team comprised 

of industry stakeholders and FAA 

subject matter experts to report on the 

following: 

1. Identify barriers and appropriate 

mitigations to air carrier Exemption 

12555 equipage plans that lead to full 

compliance with § 91.227; and 

2. Describe status of applicable 

equipment availability relative to 

achievement of operator equipage plans 

toward end state of Exemption 12555 on 

December 31, 2024. 

The PARC provided a forum for the 

U.S. aviation community to discuss, 

prioritize, and resolve issues, provide 

direction for U.S. flight operations 

criteria and produce U.S. consensus 

positions for global harmonization on 

performance-based airspace operations. 

The PARC action team requested that 

the FAA provide a report on ADS–B Out 

equipped aircraft with approved 

position sources and their ability to 

meet the equivalent operational 

availability of radar (99.9% or greater 

availability requirement). In addition to 

the 4 years of data used to support the 

2019 policy document, an additional 3 

years of position source performance 

data was given to the PARC action team 

to analyze. 

FAA analysis and prior modeling in 

support of the ADS–B Aviation 

Rulemaking Committee indicated that 

the critical ADS–B quality parameter 

was the NIC parameter defined in 

§ 91.227(c)(1)(iii). FAA data indicated a 

historical operational availability with 

regard to required NIC rule performance 

for the following ADS–B position source 

types: 

—SA-On GPS receivers achieved 

between 98–99% operational 

availability; 

—SA-Aware GPS receivers achieved 

99.9%, or greater, operational 

availability; and 

—Satellite-Based-Augmentation System 

(SBAS) receivers achieved 99.9%, or 

greater, operational availability 

In consideration of these findings, the 

PARC Exemption 12555 action team 

recommended removing the 

requirement for aircraft equipped with 

SA-Aware GPS receivers to use a 

preflight availability prediction tool 

(e.g., the Service Availability Prediction 

Tool (SAPT)). 

The FAA agrees that the demonstrated 

performance of SA-Aware GPS receivers 

has been equivalent to, or better than, a 

single radar since the FAA began 

monitoring ADS–B performance in 

2015. Years of additional data and 

assurances that the GPS constellation 

will remain at current levels have given 

the FAA confidence that SA-Aware GPS 

receivers will consistently provide the 

availability required by the ADS–B 

regulation. The FAA accepts any 

residual risk associated with SA-Aware 

GPS receiver performance falling below 

the regulatory requirement. As such, the 

FAA is adopting the subject PARC 

Exemption 12555 action team 

recommendation and is revising 

preflight policy issued in 2019 for 

aircraft equipped with SA-Aware GPS 

receivers in this document. 

II. Discussion of the Policy 

Preflight Availability Prediction Policy 

Given the demonstrated performance 

of SA-Aware (TSO–C196) GPS receivers 

over a seven-year monitoring period and 

the expectation that the GPS 

constellation will provide coverage at 

current levels for the foreseeable future, 

the FAA now finds that such GPS 

receivers consistently provide an 

equivalent availability to that of a single 

radar at 99.9 percent operational 

availability. Aircraft equipped with SAAware GPS receivers during periods of 

GPS constellation degradation that 

negatively impact the ability of ADS–B 


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27930 Federal Register / Vol. 87, No. 90 / Tuesday, May 10, 2022 / Rules and Regulations 

Out equipment to meet performance 

requirements associated with the rule 

will be deemed compliant with the 

ADS–B Out rule requirements. 

Therefore, the operators of aircraft 

equipped with position sources that 

meet the performance requirements of 

TSO–C196 (SA-Aware) is not required 

to perform a preflight availability 

prediction to fulfill their § 91.103 due 

diligence obligation. For aircraft 

equipped with GPS receivers that do not 

meet the performance requirements of 

TSO–196 or TSO–C145/146, the 

operator must run a preflight prediction. 

Due to the reduced performance of 

SA-On receivers relative to ADS–B rule 

requirements, operators of aircraft with 

these receivers are expected to use a 

preflight availability prediction tool to 

predict the ability of an aircraft position 

source to meet the performance 

requirements of § 91.227(c)(1)(i) and (iii) 

along a given route of flight. For nonexemption holders with SA-On 

receivers and exemption holders after 

expiration of Exemption 12555, a 

preflight availability prediction tool 

should be used to comply with § 91.103 

due diligence requirements for a 

planned route of flight in ADS–B rule 

airspace. If the predicted SA-On 

receiver performance does not support 

compliance with § 91.227 for the 

proposed flight, the FAA expects 

operators to adjust the flight plan (e.g., 

departure time, route) as needed to 

avoid any areas or time periods 

predicted with degraded GPS 

performance. Holders of Exemption 

12555 are expected to follow the 

conditions of that exemption until it 

expires on December 31, 2024. 

After an operator receives a 

satisfactory preflight availability 

prediction for an intended operation, 

there may be certain conditions that 

warrant a subsequent prediction. For 

example, a change in departure time or 

a change in the satellite constellation as 

indicated by a Notice to Air Missions 

(NOTAM) may have an effect on the 

predicted GPS performance for the 

intended operation. If an operator 

becomes aware of a change that could 

result in degraded GPS performance 

prior to receiving an initial ATC 

clearance for the intended route of 

flight, the operator should—consistent 

with preflight action required by 

§ 91.103—conduct a subsequent 

preflight availability prediction for the 

planned flight to ensure that GPS 

performance is still predicted to comply 

with the performance requirements of 

§ 91.227(c)(1)(i) and (iii). 

The duty under § 91.103 to conduct a 

subsequent preflight availability 

prediction for an intended route of flight 

will cease once an operator receives an 

ATC route clearance for the intended 

operation. More specifically, if an 

operator receives a satisfactory preflight 

availability prediction and an ATC route 

clearance for the intended operation, the 

FAA will consider the operator as 

having exercised its due diligence in 

ensuring the intended operation 

complies with the performance 

requirements in § 91.227. Therefore, 

upon receiving a satisfactory preflight 

availability prediction and an ATC 

clearance for an intended route of flight, 

the operator will be deemed to have 

complied with the preflight availability 

prediction requirement and the 

performance requirements of 

§ 91.227(c)(1)(i) and (iii). 

The FAA recognizes that there are 

circumstances outside the operator’s 

control that may result in unanticipated 

changes to an operator’s planned route 

of flight, which may cause temporary 

degraded GPS performance and 

technical noncompliance with 

§ 91.227(c)(1)(i) and (iii). For example, 

ATC will continue to exercise its 

responsibility for the safe and efficient 

movement of air traffic, including 

changes to the routing of traffic to 

achieve those objectives. In addition, a 

planned route of flight may be changed 

due to environmental conditions, such 

as a thunderstorm, or an operator may 

experience unexpected GPS 

degradations during flight. After an ATC 

route clearance is obtained for the flight, 

the FAA does not expect an operator to 

conduct a subsequent preflight 

availability prediction to accommodate 

rerouting caused by ATC or 

environmental conditions. 

The FAA notes that the policy 

described above applies only to those 

operators who have exercised due 

diligence required in § 91.103 by 

performing a preflight availability 

prediction. For example, if an operator 

fails to conduct a required preflight 

availability prediction for the operator’s 

intended operation and subsequently 

encounters technical non-compliance 

with the performance requirements of 

§ 91.227(c)(1)(i) and (iii), that operator 

will be deemed to have violated the 

ADS–B rule even if the operator’s flight 

were rerouted due to unforeseen 

circumstances. 

When an operator performs a preflight 

availability prediction using the FAA’s 

SAPT tool, the SAPT retains a record of 

each transaction enabling the FAA to 

confirm that an operator took preflight 

action. The FAA recommends that 

operators using an alternate tool retain 

documentation that verifies the 

completion of the satisfactory preflight 

availability prediction for each intended 

route of flight. The FAA recommends 

that the prediction should be done not 

more than 24 hours prior to the planned 

departure. Predictions using SAPT to 

determine the availability of backup 

surveillance per Exemption 12555 

should be done within the 3 hours prior 

to a planned departure. 

GPS Interference 

There may be times when the GPS 

position source cannot meet the 

required technical performance due to 

planned GPS interference. In the event 

of a scheduled interference outage of 

GPS, the FAA will issue a NOTAM that 

identifies the airspace and time periods 

that may be affected by the interference. 

The affected area will frequently 

encompass a large radius of ADS–B Out 

rule airspace. The FAA finds that 

requiring operators to avoid the affected 

area would cause significant disruption 

to air traffic in that vicinity. 

Furthermore, there is no guarantee that 

these operators would experience actual 

interference and a degradation in GPS 

performance in the area. For these 

reasons, the FAA has determined that it 

would be impractical and not in the 

public interest to require operators to 

avoid the affected area based on the 

chance that an otherwise compliant 

flight could experience GPS 

interference. 

Accordingly, operators should 

proceed with their intended operation if 

the only anticipated ADS–B 

noncompliance would be due to the 

planned GPS interference. Under this 

policy, an operator who is required to 

perform a preflight availability 

prediction for the intended route of 

flight is still required to obtain a 

satisfactory preflight availability 

prediction. When a NOTAM identifies 

the airspace and time periods that may 

be affected by GPS interference, an 

operator will not be required to alter his 

or her route of flight to avoid the area 

based solely on that NOTAM. As 

explained in the preamble to the final 

rule, if an aircraft’s avionics meet the 

performance requirements but 

unexpected GPS degradations during 

flight inhibit the position source from 

providing adequate accuracy and 

integrity, ATC will be alerted via the 

aircraft’s broadcasted data and services 

will be provided to that aircraft using 

the backup strategy. If an operator 

encounters actual GPS interference 

during their flight that results in a 

degradation of ADS–B Out performance, 

the policy described above will apply 

provided the operator has taken the 

appropriate preflight actions. 


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9The FAA anticipates that any outage would be 

of short duration and any potential risk would be 

minimal because, concurrent with the outage, GPS 

performance would have to fall below rule values 

on the route of flight and radar coverage would 

have to be unavailable at the same time and 

location. 

SAPT Outages 

As noted, certain operators are 

required to use a preflight availability 

prediction tool prior to a planned flight. 

Some operators will use the FAA SAPT 

for this purpose. The FAA intends that 

SAPT will be continuously available to 

operators. However, because 

unexpected circumstances could lead to 

a SAPT outage, the inability to access 

the tool could have an adverse impact 

on operators with SA-On receivers. As 

previously noted in Advisory Circular 

(AC) 90–114, ADS–B Operations, ATC 

will issue a NOTAM announcing when 

the SAPT is not available. 

The FAA understands that a SAPT 

outage prevents those operators who 

hold relief under Exemption No. 12555 

from confirming the availability of backup surveillance as required under the 

exemption’s conditions and 

limitations.9 It also reduces the ability 

of non-exemption holders without their 

own preflight availability prediction 

tool to determine that a particular 

operation will meet the performance 

requirements prior to conducting an 

operation. The unavailability of the 

SAPT for brief periods would result in 

operators having to choose between 

conducting flights that might result in 

non-compliance or not conducting an 

operation that might have complied 

with ADS–B Out rule performance. The 

FAA does not intend to inhibit 

operators from conducting otherwise 

permissible operations when the SAPT 

is unavailable. As such, when there is 

a SAPT outage, the policy described 

above will apply to operators who rely 

on the SAPT if their operation falls 

below the performance requirements. 

III. Summary 

Unless otherwise authorized by ATC, 

all aircraft operating in the airspace 

identified in § 91.225 must comply with 

the ADS–B Out performance 

requirements in § 91.227. Under the 

FAA’s revised policy, aircraft equipped 

with SA-Aware GPS receivers described 

in this document are not required to 

perform a preflight service availability 

prediction, including those aircraft not 

covered by Exemption 12555. Aircraft 

equipped with SA-On receivers should 

continue performing preflight 

availability predictions and can use the 

guidance contained in AC 90–114, 

ADS–B Operations, when conducting 

preflight actions for operations planned 

within airspace described in § 91.225. 

Holders of Exemption 12555 must 

continue to meet the conditions and 

limitations associated with the 

exemption. Holders of Exemption 12555 

should revise applicable equipage plans 

to reflect any changes affected by policy 

contained in this document and submit 

revised plans to the FAA per conditions 

specified by the exemption. 

As described in this document, there 

are circumstances outside of an 

operator’s control that may result in a 

temporary degradation of GPS 

performance and an apparent violation 

of § 91.227. An operator may exercise 

due diligence in performing a preflight 

availability prediction for its intended 

route of flight but experience rerouting 

by ATC after obtaining an initial ATC 

route clearance, which may cause an 

unanticipated degradation of 

performance. Additionally, an operator 

may encounter actual GPS interference 

on its intended path of flight, which 

would affect the ability of an aircraft to 

meet the performance requirements of 

§ 91.227. Lastly, an operator may not be 

able to complete a preflight availability 

prediction for its intended route of flight 

due to the FAA’s SAPT being out of 

service. As previously explained, the 

FAA recognizes that these situations are 

outside of the operator’s control. 

Therefore, the FAA will not take legal 

enforcement action for apparent 

noncompliance with § 91.227 due to the 

circumstances discussed in this 

document to the extent such an 

application would impose a standard of 

conduct wholly outside the operator’s 

control. 

IV. Effective Date 

Policy in this document is effective 

immediately and supersedes policy 

contained in FRN Docket No. FAA– 

2019–0539. Additional information on 

the policy described in this document 

will be contained in the next revision of 

AC 90–114, ADS–B Operations. 

Issued in Washington, DC, on May 4, 2022. 

Gregory E. Schwab, 

Acting Chief of Staff, Air Traffic Organization. 

[FR Doc. 2022–09936 Filed 5–9–22; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Food and Drug Administration 

21 CFR Part 73 

[Docket No. FDA–2018–C–1007] 

Listing of Color Additives Exempt 

From Certification; Antarctic Krill Meal 

AGENCY: Food and Drug Administration, 

Department of Health and Human 

Services (HHS). 

ACTION: Final rule. 

SUMMARY: The Food and Drug 

Administration (FDA or we) is 

amending the color additive regulations 

to provide for the safe use of Antarctic 

krill meal, composed of the ground and 

dried tissue of Euphausia superba, with 

or without the lipid fraction, for use in 

the feed of salmonid fish, to enhance the 

color of their flesh. We are taking this 

action in response to a color additive 

petition (CAP) submitted by Aker 

BioMarine Antarctic AS (Aker 

BioMarine or petitioner). 

DATES: This rule is effective June 10, 

2022. Submit either electronic or 

written objections and requests for a 

hearing on the final rule by June 9, 

2022. See section XI for further 

information on the filing of objections. 

ADDRESSES: You may submit objections 

and requests for a hearing as follows. 

Please note that late, untimely filed 

objections will not be considered. The 

https://www.regulations.gov electronic 

filing system will accept comments 

until 11:59 p.m. Eastern Time at the end 

of June 9, 2022. Objections received by 

mail/hand delivery/courier (for written/ 

paper submissions) will be considered 

timely if they are postmarked or the 

delivery service acceptance receipt is on 

or before that date. 

Electronic Submissions 

Submit electronic objections in the 

following way: 

• Federal eRulemaking Portal: 

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

instructions for submitting comments. 

Objections submitted electronically, 

including attachments, to https://

www.regulations.gov will be posted to 

the docket unchanged. Because your 

objection will be made public, you are 

solely responsible for ensuring that your 

objection does not include any 

confidential information that you or a 

third party may not wish to be posted, 

such as medical information, your or 

anyone else’s Social Security number, or 

confidential business information, such 

as a manufacturing process. Please note 

that if you include your name, contact 


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