[Federal Register Volume 86, Number 194 (Tuesday, October 12, 2021)]
[Rules and Regulations]
[Pages 56652-56653]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-22105]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 180

[EPA-HQ-OPP-2017-0335; FRL-9000-01-OCSPP]


Pseudomonas Fluorescens Strain ACK55; Exemption From the 
Requirement of a Tolerance; Technical Correction

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule; correction.

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SUMMARY: EPA issued a final rule in the Federal Register of September 
28, 2020, establishing an exemption from the requirement of a tolerance 
for residues of pseudomonas fluorescens strain ACK55 in or on all food 
commodities when used in accordance with label directions and good 
agricultural practices. This exemption was requested by the IR-4 
Project under the Federal Food, Drug, and Cosmetic Act (FFDCA). That 
document identified a codified section that had already been assigned 
in another final rule that was issued in the Federal Register of 
September 25, 2020. This document corrects the final regulation by 
identifying a new codified section.

DATES: This final rule correction is effective October 12, 2021.

ADDRESSES: The docket for this action, identified by docket 
identification (ID) number EPA-HQ-OPP-2017-0335, is available at http://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 Reading Room is 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: 
[email protected].

SUPPLEMENTARY INFORMATION:

I. Does this action apply to me?

    A list of potentially affected entities is included in the final 
rule issued in the Federal Register of September 28, 2020 (85 FR 60716) 
(FRL-10013-27).

II. What does this technical correction do?

    EPA issued a final rule in the Federal Register of September 28, 
2020 (85 FR 60716) (FRL-10013-27) that established an exemption from 
the requirement of a tolerance for residues of pseudomonas fluorescens 
strain ACK55 in or on all food commodities when used in accordance with 
label directions and good agricultural practices. While establishing 
this exemption from the requirement of a tolerance in response to a 
petition from the IR-4 Project, EPA inadvertently identified a codified 
section that had already been assigned in another final rule that was 
issued in the Federal Register of September 25, 2020 (85 FR 60366) 
(FRL-10013-33). Unable to use the codified number identified by EPA in 
the final rule issued in the Federal Register of September 28, 2020, 
the Code of Federal Regulations (CFR) was revised to include the 
following text:

    Editorial Note: At 85 FR 60718, Sept. 28, 2020, a second Sec.  
180.1379 was added; however, the amendment could not be incorporated 
because the section already exists.

    Therefore, with this final rule, EPA is identifying 40 CFR 180.1380 
as the codified section for the exemption from the requirement of a 
tolerance for residues of pseudomonas fluorescens strain ACK55 in or on 
all food commodities when used in accordance with label directions and 
good agricultural practices that was established in the final rule 
issued in the Federal Register of September 28, 2020 (85 FR 60716) 
(FRL-10013-27).

III. Why is this correction issued as a final rule?

    Section 553 of the Administrative Procedure Act (APA) (5 U.S.C. 
553(b)(3)(B)) provides that, when an agency for good cause finds that 
notice and public procedure are impracticable, unnecessary, or contrary 
to the public interest, the agency may issue a final rule without 
providing notice and an opportunity for public comment. EPA has 
determined that there is good cause for making this technical 
correction final without prior proposal and opportunity for comment, 
because EPA inadvertently duplicated an existing codified section. EPA 
finds that this constitutes good cause under 5 U.S.C. 553(b)(3)(B).

IV. Do any of the statutory and executive order reviews apply to this 
action?

    No. For a detailed discussion concerning the statutory and 
executive order review, refer to Unit IV. in the final rule of the 
September 28, 2020.

V. Congressional Review Act (CRA)

    Pursuant to the CRA (5 U.S.C. 801 et seq.), EPA will submit a 
report containing this rule and 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: September 24, 2021.
Edward Messina,
Director, Office of Pesticide Programs.

    Therefore, for the reasons stated in the preamble, EPA is amending 
40 CFR Chapter I as follows:

[[Page 56653]]

PART 180--TOLERANCES AND EXEMPTIONS FOR PESTICIDE CHEMICAL RESIDUES 
IN FOOD

0
1. The authority citation for part 180 continues to read as follows:

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

0
2. In subpart D, add Sec.  180.1380 to read as follows:


Sec.  180.1380   Pseudomonas fluorescens strain ACK55; exemption from 
the requirement of a tolerance.

    Residues of Pseudomonas fluorescens strain ACK55 are exempt from 
the requirement of a tolerance in or on all food commodities when used 
in accordance with label directions and good agricultural practices.

[FR Doc. 2021-22105 Filed 10-8-21; 8:45 am]
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