22788 Federal Register / Vol. 78, No. 74 / Wednesday, April 17, 2013 / Rules and Regulations 

Name of non-regulatory SIP 

revision Applicable geographic area State submittal date EPA approval date Additional explanation 

*******

CAA sections 128 and 

110(a)(2)(E)(ii) requirements 

in relation to State Boards 

for all criteria pollutants.

Statewide ............................... 1/11/13 4/17/13 [Insert Federal Register page number where 

the document begins and 

date].

[FR Doc. 2013–08926 Filed 4–16–13; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 80 

[EPA–HQ–OAR–2011–0542; FRL–9803–6] 

Supplemental Determination for 

Renewable Fuels Produced Under the 

Final RFS2 Program From Grain 

Sorghum; Correction 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Correcting amendment. 

SUMMARY: In the December 17, 2012 

Federal Register, EPA published a final 

rule that determines that grain sorghum 

ethanol qualifies as a renewable fuel 

under the RFS Program based on a 

lifecycle greenhouse gas analysis for 

grain sorghum ethanol. This action 

corrects typographical errors contained 

in the December 17, 2012, final rule. 

DATES: Effective on April 17, 2013. 

FOR FURTHER INFORMATION CONTACT: 

Jefferson Cole, Office of Transportation 

and Air Quality, Transportation and 

Climate Division, Environmental 

Protection Agency, 1200 Pennsylvania 

Ave. NW., Washington, DC 20460 (MC: 

6041A); telephone number: 202–564– 

1283; fax number: 202–564–1177; email 

address: cole.jefferson@epa.gov. 

SUPPLEMENTARY INFORMATION: This 

action corrects typographical errors in 

the regulatory text section of the final 

rule published on December 17, 2012. 

Section 553 of the Administrative 

Procedure Act (APA), 5 U.S.C. 

553(b)(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 rule 

without providing notice and an 

opportunity for public comment. There 

is good cause for making this action 

final without prior proposal and 

opportunity for comment because the 

changes to this rule are minor 

corrections of typographical errors, are 

noncontroversial, and do not 

substantively change the agency actions 

taken in the final rule. Notice and 

comment is unnecessary, because these 

changes do not affect the rights or 

obligations of outside parties, and do 

not alter the requirements of the 

regulations published on December 17, 

2012, except to the extent that the 

regulatory provisions are amended to 

correct typographical errors. We find 

that this constitutes good cause under 5 

U.S.C. 553(b)(B). Section 307(d) of the 

CAA states that in the case of any rule 

to which section 307(d) applies, notice 

of proposed rulemaking must be 

published in the Federal Register (CAA 

§ 307(d)(3)). The promulgation or 

revision of regulations for fuels or fuel 

additives under section 211 of the CAA 

is generally subject to section 307(d). 

However, section 307(d) does not apply 

to any rule referred to in subparagraphs 

(A) or (B) of section 553(b) of the APA. 

Specifically, EPA is correcting the 

final rule to indicate that the 

recordkeeping requirements for the 

grain sorghum ethanol pathway 

regulatory text in 40 CFR Section 

80.1454(k)(1) should reference 40 CFR 

80.1454 (f)(10) rather than (f)(1). See 77 

FR 74592. In addition, EPA is amending 

40 CFR 80.1454(k)(2) to include nonsubstantive introductory text mistakenly 

omitted from the final rule. 

EPA also finds that there is good 

cause under APA section 553(d)(3) for 

these corrections to become effective on 

the date of publication of this action. 

Section 553(d)(3) of the APA allows an 

effective date less than 30 days after 

publication ‘‘as otherwise provided by 

the agency for good cause found and 

published with the rule.’’ 5 U.S.C. 

553(d)(3). The purpose of the 30-day 

waiting period prescribed in APA 

section 553(d)(3) is to give affected 

parties a reasonable time to adjust their 

behavior and prepare before the final 

rule takes effect. Today’s rule, however, 

does not create any new regulatory 

requirements such that affected parties 

would need time to prepare before the 

rule takes effect. Rather, today’s action 

merely corrects non-substantive errors 

in the regulatory text of a prior 

rulemaking. For these reasons, EPA 

finds good cause under APA section 

553(d)(3) for these corrections to 

become effective on the date of 

publication of this action. 

Statutory and Executive Order Reviews 

Under Executive Order (EO) 12866, 

Regulatory Planning and Review (58 FR 

51735, October 4, 1993), this action is 

not a ‘‘significant regulatory action’’ and 

is therefore not subject to review by the 

Office of Management and Budget 

(OMB). The corrections do not impose 

an information collection burden under 

the provisions of the Paperwork 

Reduction Act of 1995 (44 U.S.C. 3501 

et seq.). 

Because EPA has made a ‘‘good 

cause’’ finding that this action is not 

subject to notice and comment 

requirements under the APA or any 

other statute, it is not subject to the 

regulatory flexibility provisions of the 

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

et seq.), or to sections 202 and 205 of the 

Unfunded Mandates Reform Act of 1995 

(UMRA) (Pub. L. 104–4). In addition, 

this action does not significantly or 

uniquely affect small governments or 

impose a significant intergovernmental 

mandate, as described in sections 203 

and 204 of the UMRA. 

The corrections do not have 

substantial direct effects on the states, or 

on the relationship between the national 

government and the states, or on the 

distribution of power and 

responsibilities among the various 

levels of government, as specified in EO 

13132, Federalism (64 FR 43255, August 

10, 1999). 

This action also does not significantly 

or uniquely affect the communities of 

tribal governments, as specified by EO 

13175, Consultation and Coordination 

with Indian Tribal Governments (65 FR 

67249, November 9, 2000). The 

corrections also are not subject to EO 

13045, Protection of Children from 

Environmental Health and Safety Risks 

(62 FR 19885, April 23, 1997) because 

this action is not economically 

significant. 

The corrections are not subject to EO 

13211, Actions Concerning Regulations 

That Significantly Affect Energy Supply, 

Distribution, or Use (66 FR 28355, May 

22, 2001) because this action is not a 

significant regulatory action under EO 

12866. 


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Federal Register / Vol. 78, No. 74 / Wednesday, April 17, 2013 / Rules and Regulations 22789 

The corrections do not involve 

changes to the technical standards 

related to test methods or monitoring 

methods; thus, the requirements of 

section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (15 U.S.C. 272) do not 

apply. 

The corrections also do not involve 

special consideration of environmental 

justice-related issues as required by EO 

12898, Federal Actions to Address 

Environmental Justice in Minority 

Populations and Low-Income 

Populations (59 FR 7629, February 16, 

1994). 

The Congressional Review Act, 5 

U.S.C. 801 et seq., as added by the Small 

Business Regulatory Enforcement 

Fairness Act of 1996 (SBREFA), 

generally provides that before a rule 

may take effect, the agency 

promulgating the rule must submit a 

rule report, which includes a copy of 

the rule, to each House of the Congress 

and to the Comptroller General of the 

United States. A major rule cannot take 

effect until 60 days after it is published 

in the Federal Register. 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 

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 80 

Environmental protection, 

Administrative practice and procedure, 

Agriculture, Air pollution control, 

Confidential business information, 

Diesel fuel, Energy, Forest and forest 

products, Fuel additives, Gasoline, 

Imports, Labeling, Motor vehicle 

pollution, Penalties, Petroleum, 

Reporting and recordkeeping 

requirements. 

Dated: April 8, 2013. 

Gina McCarthy, 

Assistant Administrator, Office of Air and 

Radiation. 

40 CFR part 80 is amended as follows: 

PART 80—[AMENDED] 

■ 1. The authority citation for part 80 

continues to read as follows: 

Authority: 42 U.S.C. 7414, 7521(1) and 

7601(a). 

■ 2. Section 80.1454 (k)(1) introductory 

text and (k)(2) introductory text are 

revised to read as follows: 

§ 80.1454 What are the recordkeeping 

requirements under the RFS program? 

* * * * * 

(k)(1) Biogas and electricity in 

pathways involving feedstocks other 

than grain sorghum. A renewable fuel 

producer that generates RINs for biogas 

or electricity produced from renewable 

biomass (renewable electricity) for fuels 

that are used for transportation pursuant 

to § 80.1426(f)(10) and (11), or that uses 

process heat from biogas to generate 

RINs for renewable fuel pursuant to 

§ 80.1426(f)(12) shall keep all of the 

following additional records: 

* * * * * 

(2) Biogas and electricity in pathways 

involving grain sorghum as feedstock. A 

renewable fuel producer that produces 

fuel pursuant to a pathway that uses 

grain sorghum as a feedstock shall keep 

all of the following additional records, 

as appropriate: 

* * * * * 

[FR Doc. 2013–09068 Filed 4–16–13; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 180 

[EPA–HQ–OPP–2012–0134; FRL–9382–6] 

Methyl Jasmonate; 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 the biochemical 

methyl jasmonate in or on all food 

commodities when applied pre-harvest. 

Becker Underwood, 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 methyl jasmonate when 

applied pre-harvest. 

DATES: This regulation is effective April 

17, 2013. Objections and requests for 

hearings must be received on or before 

June 17, 2013, 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–2012–0134, 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), EPA West 

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. Please review 

the visitor instructions and additional 

information about the docket available 

at http://www.epa.gov/dockets. 

FOR FURTHER INFORMATION CONTACT: 

Chris Pfeifer, Biopesticides and 

Pollution Prevention Division (7511P), 

Office of Pesticide Programs, 

Environmental Protection Agency, 1200 

Pennsylvania Ave. NW., Washington, 

DC 20460–0001; telephone number: 

(703) 308–0031; email address: 

pfeifer.chris@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 Government Printing 

Office’s e-CFR site at http://www.ecfr.

gov/cgi-bin/text-idx?&c=ecfr&tpl=/

ecfrbrowse/Title40/40tab_02.tpl. To 

access the OCSPP test guidelines 

referenced in this document 

electronically, please go to http:// 

www.epa.gov/ocspp and select ‘‘Test 

Methods and Guidelines.’’ 

C. How can I file an objection or hearing 

request? 

Under FFDCA section 408(g), 21 

U.S.C. 346a, 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 


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