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[Federal Register Volume 78, Number 74 (Wednesday, April 17, 2013)]
[Rules and Regulations]
[Pages 22788-22789]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-09068]

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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.

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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 Sec.  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 non-substantive 
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.

[[Page 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]

0
1. The authority citation for part 80 continues to read as follows:

    Authority: 42 U.S.C. 7414, 7521(1) and 7601(a).

0
2. Section 80.1454 (k)(1) introductory text and (k)(2) introductory 
text are revised to read as follows:

Sec.  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 
Sec.  80.1426(f)(10) and (11), or that uses process heat from biogas to 
generate RINs for renewable fuel pursuant to Sec.  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
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