Rule2021-22105
Pseudomonas Fluorescens Strain ACK55; Exemption From the Requirement of a Tolerance; Technical Correction
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
October 12, 2021
Effective
October 12, 2021
Issuing agencies
Environmental Protection Agency
Abstract
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.
Full Text
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<title>Federal Register, Volume 86 Issue 194 (Tuesday, October 12, 2021)</title>
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[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 [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[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 <a href="http://www.regulations.gov">http://www.regulations.gov</a> 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 <a href="https://www.epa.gov/dockets">https://www.epa.gov/dockets</a>.
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:
<a href="/cdn-cgi/l/email-protection#df9d8f8f9b998d91b0abb6bcbaac9fbaafbef1b8b0a9"><span class="__cf_email__" data-cfemail="195b49495d5f4b57766d707a7c6a597c6978377e766f">[email protected]</span></a>.
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
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1. The authority citation for part 180 continues to read as follows:
Authority: 21 U.S.C. 321(q), 346a and 371.
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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]
BILLING CODE 6560-50-P
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