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Federal Register / Vol. 86, No. 194 / Tuesday, October 12, 2021 / Rules and Regulations
requirements in this section under control number 29000793.
17.539 Failure to comply with terms and conditions of agreement.

a Participant fails to satisfy terms of agreement. If an eligible individual who accepts funding for the EACFMAF fails to satisfy the terms of agreement, the United States is entitled to recover damages in an amount equal to the total amount of EACFMAF funding paid or is payable to or on behalf of the individual, reduced by the total number of obligated service days the individual has already served minus the total number of days in the individuals period of obligated service.
b Repayment period. The eligible individual will pay the amount of damages that the United States is entitled to recover under this section in full to the United States no later than one year after the date of the breach of the agreement.
FR Doc. 202122131 Filed 10821; 8:45 am BILLING CODE 832001P

ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 180

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
204600001. 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 5661744, and the telephone number for the OPP
Docket is 703 3055805.
Due to the public health concerns related to COVID19, 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
204600001; main telephone number:
703 3057090; email address:
BPPDFRNotices@epa.gov.
SUPPLEMENTARY INFORMATION:

EPAHQOPP20170335; FRL900001
OCSPP

I. Does this action apply to me?

Pseudomonas Fluorescens Strain ACK55; Exemption From the Requirement of a Tolerance; Technical Correction
A list of potentially affected entities is included in the final rule issued in the Federal Register of September 28, 2020
85 FR 60716 FRL1001327.

Environmental Protection Agency EPA.
ACTION: Final rule; correction.

II. What does this technical correction do?

AGENCY:

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 IR4 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 EPAHQOPP20170335, is SUMMARY:

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EPA issued a final rule in the Federal Register of September 28, 2020 85 FR
60716 FRL1001327 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 IR4 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 FRL1001333.
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 180.1379 was added;

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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 FRL1001327.
III. Why is this correction issued as a final rule?
Section 553 of the Administrative Procedure Act APA 5 U.S.C.
553b3B 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.
553b3B.
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.
8042.
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:

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