Federal Register / Vol. 77, No. 244 / Wednesday, December 19, 2012 / Rules and Regulations 75035 

1The sections adopted into the SIP are S.C. Code 

Ann. Sections 8–13–100(31); 8–13–700(A) and (B); 

and 8–13–730. These sections were adopted into 

the SIP to satisfy CAA section 128 state board 

requirements made applicable to South Carolina’s 

infrastructure SIP by section 110(a)(2)(E)(ii) of the 

CAA. See EPA’s June 6, 2012, proposed rulemaking 

for more information as to how these statutes meet 

the applicable CAA section 128 requirements. 77 

FR 33380, 33386. 

(ii) The micro entity fee actually paid, 

and the date on which it was paid; 

(iii) The deficiency owed amount (for 

each fee erroneously paid); and 

(iv) The total deficiency payment 

owed, which is the sum or total of the 

individual deficiency owed amounts as 

set forth in paragraph (k)(2) of this 

section. 

(2) The deficiency owed, resulting 

from the previous erroneous payment of 

micro entity fees, must be paid. The 

deficiency owed for each previous fee 

erroneously paid as a micro entity is the 

difference between the current fee 

amount for a small entity or non-small 

entity, as applicable, on the date the 

deficiency is paid in full and the 

amount of the previous erroneous micro 

entity fee payment. The total deficiency 

payment owed is the sum of the 

individual deficiency owed amounts for 

each fee amount previously and 

erroneously paid as a micro entity. 

(3) If the requirements of paragraphs 

(k)(1) and (2) of this section are not 

complied with, such failure will either 

be treated at the option of the Office as 

an authorization for the Office to 

process the deficiency payment and 

charge the processing fee set forth in 

§ 1.17(i), or result in a requirement for 

compliance within a one-month time 

period that is not extendable under 

§ 1.136(a) to avoid the return of the fee 

deficiency payment. 

(4) Any deficiency payment (based on 

a previous erroneous payment of a 

micro entity fee) submitted under this 

paragraph will be treated as a 

notification of a loss of entitlement to 

micro entity status under paragraph (i) 

of this section, but payment of a 

deficiency based upon the difference 

between the current fee amount for a 

small entity and the amount of the 

previous erroneous micro entity fee 

payment will not be treated as an 

assertion of small entity status under 

§ 1.27(c). Once a deficiency payment is 

submitted under this paragraph, a 

written assertion of small entity status 

under § 1.27(c)(1) is required to obtain 

small entity status. 

Dated: December 14, 2012. 

David J. Kappos, 

Under Secretary of Commerce for Intellectual 

Property and Director of the United States 

Patent and Trademark Office. 

[FR Doc. 2012–30674 Filed 12–18–12; 8:45 am] 

BILLING CODE 3510–16–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R04–OAR–2012–0238; FRL–9762–6] 

Approval and Promulgation of 

Implementation Plans; South Carolina 

110(a)(1) and (2) Infrastructure 

Requirements for the 1997 and 2006 

Fine Particulate Matter National 

Ambient Air Quality Standards; 

Correction 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule, correction. 

SUMMARY: EPA published in the Federal 

Register of August 1, 2012, a final rule 

approving the State Implementation 

Plan (SIP) submissions submitted by the 

State of South Carolina, through the 

South Carolina Department of Health 

and Environmental Control (SC DHEC), 

as demonstrating that the South 

Carolina SIP met certain requirements of 

the Clean Air Act (CAA or the Act) for 

the 1997 annual and 2006 24-hour fine 

particulate matter (PM2.5) national 

ambient air quality standards (NAAQS). 

This rulemaking corrects several errors 

identified in the August 1, 2012, final 

rule. 

DATES: Effective on December 19, 2012. 

FOR FURTHER INFORMATION CONTACT: 

Sean Lakeman, Regulatory Development 

Section, Air Planning Branch, Air, 

Pesticides and Toxics Management 

Division, U.S. Environmental Protection 

Agency, Region 4, 61 Forsyth Street 

SW., Atlanta, Georgia 30303–8960. The 

telephone number is (404) 562–9043. 

Mr. Lakeman can be reached via 

electronic mail at 

lakeman.sean@epa.gov. 

SUPPLEMENTARY INFORMATION: This 

action corrects inadvertent omissions in 

the August 1, 2012, final rulemaking 

and its associated regulatory text 

section. Specifically, EPA is correcting 

the final rule to expressly indicate that 

the South Carolina Code Annotated 

Sections described in the June 6, 2012, 

proposed rule are being incorporated 

into the South Carolina SIP.1 See 77 FR 

33386. The August 1, 2012, final rule 

also failed to list these code sections in 

the regulatory text. Accordingly, this 

rulemaking corrects that inadvertent 

omission by adding S.C. Code Ann. 

Sections 8–13–100(31), 8–13–700(A) 

and (B), and 8–13–730 to the regulatory 

text of the August 1, 2012, final rule. 

In addition, EPA is correcting the 

footnote on page 45492 of the final rule 

which inadvertently listed ‘‘April 13, 

2012,’’ as the date of South Carolina’s 

SIP revision. The correct date for South 

Carolina’s SIP revision is April 3, 2012. 

Through today’s notice, EPA is hereby 

correcting the footnote on page 45492 of 

the August 1, 2012, final rule to reflect 

the correct date. 

Finally, EPA is correcting the 

statement on page 45493 of the August 

1, 2012, final rule that stated ‘‘[t]oday’s 

action is not approving any specific 

rule, but rather making a determination 

that South Carolina’s already approved 

SIP meets certain CAA requirements.’’ 

Today’s rule removes this sentence from 

the August 1, 2012, final rule and 

replaces it with a sentence that reads: 

‘‘EPA is making a determination that 

South Carolina’s SIP meets certain CAA 

requirements.’’ See 77 FR 45492. 

EPA has determined that today’s 

action falls under the ‘‘good cause’’ 

exemption in section 553(b)(3)(B) of the 

Administrative Procedure Act (APA) 

which, upon finding ‘‘good cause,’’ 

authorizes agencies to dispense with 

public participation where public notice 

and comment procedures are 

impracticable, unnecessary, or contrary 

to the public interest. Public notice and 

comment for this action is unnecessary 

because today’s action to correct an 

inadvertent regulatory text omission 

included with EPA’s August 1, 2012, 

final rule is consistent with the 

substantive revisions to the South 

Carolina SIP described in the proposal 

to approve certain state statues into the 

South Carolina SIP as addressing the 

section 110(a)(2)(E)(ii) state board 

requirements for the 1997 annual and 

2006 24-hour PM2.5 NAAQS. In 

addition, EPA can identify no particular 

reason why the public would be 

interested in being notified of the 

correction, or in having the opportunity 

to comment on the correction prior to 

this action being finalized, since this 

correction action does not change the 

meaning of EPA’s analysis or action to 

approve certain state statues as 

addressing the state board requirements 

for the 1997 annual and 2006 24-hour 

PM2.5 NAAQS into the South Carolina 

SIP. EPA also finds that there is good 

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

this correction 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 


wreier-aviles on DSK5TPTVN1PROD with 
75036 Federal Register / Vol. 77, No. 244 / Wednesday, December 19, 2012 / Rules and Regulations 

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 an inadvertent omission 

for the regulatory text of a prior 

rulemaking by listing these state statues 

in the regulatory text for the South 

Carolina SIP. For these reasons, EPA 

finds good cause under APA section 

553(d)(3) for this correction to become 

effective on the date of publication of 

this action. 

Statutory and Executive Order Reviews 

Under Executive Order 12866 (58 FR 

51735, October 4, 1993), this action is 

not a ‘‘significant regulatory action’’ and 

therefore is not subject to review by the 

Office of Management and Budget. For 

this reason, this action is also not 

subject to Executive Order 13211, 

‘‘Actions Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use’’ (66 FR 28355, May 

22, 2001). This action merely corrects an 

inadvertent omission for the regulatory 

text of EPA’s August 1, 2012, final rule 

to approve certain state statues as 

addressing the state board requirements 

for the 1997 annual and 2006 24-hour 

PM2.5 NAAQS into the South Carolina 

SIP, and imposes no additional 

requirements beyond those imposed by 

state law. Accordingly, the 

Administrator certifies that this rule 

will not have a significant economic 

impact on a substantial number of small 

entities under the Regulatory Flexibility 

Act (5 U.S.C. 601 et seq.). Because this 

rule merely corrects an inadvertent 

omission for the regulatory text of EPA’s 

August 1, 2012, final rule to approve 

certain state statues as addressing the 

state board requirements for the 1997 

annual and 2006 24-hour PM2.5 NAAQS 

into the South Carolina SIP, and does 

not impose any additional enforceable 

duty beyond that required by state law, 

it does not contain any unfunded 

mandate or significantly or uniquely 

affect small governments, as described 

in the Unfunded Mandates Reform Act 

of 1995 (Pub. L. 104–4). 

This rule also does not have tribal 

implications because it will not have a 

substantial direct effect on one or more 

Indian tribes, on the relationship 

between the Federal Government and 

Indian tribes, or on the distribution of 

power and responsibilities between the 

Federal Government and Indian tribes, 

as specified by Executive Order 13175 

(65 FR 67249, November 9, 2000). This 

rule also does not have Federalism 

implications because it does not have 

substantial direct effects on the states, 

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 

Executive Order 13132 (64 FR 43255, 

August 10, 1999). This rule merely 

corrects an inadvertent omission for the 

regulatory text of EPA’s August 1, 2012, 

final rule to approve certain state statues 

as addressing the state board 

requirements for the 1997 annual and 

2006 24-hour PM2.5 NAAQS into the 

South Carolina SIP, and does not alter 

the relationship or the distribution of 

power and responsibilities established 

in the CAA. This rule also is not subject 

to Executive Order 13045 ‘‘Protection of 

Children from Environmental Health 

Risks and Safety Risks’’ (62 FR 19885, 

April 23, 1997), because it is not 

economically significant. In addition, 

this rule does not involve technical 

standards, thus the requirements of 

section 12(d) of the National 

Technology Transfer and Advancement 

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

apply. This rule also does not impose an 

information collection burden under the 

provisions of the Paperwork Reduction 

Act of 1995 (44 U.S.C. 3501 et seq.). 

The Congressional Review Act, 5 

U.S.C. section 801 et seq., as added by 

the Small Business Regulatory 

Enforcement Fairness Act of 1996, 

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. 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. A major rule 

cannot take effect until 60 days after it 

is published in the Federal Register. 

This action is not a ‘‘major rule’’ as 

defined by 5 U.S.C. 804(2). 

Under section 307(b)(1) of the CAA, 

petitions for judicial review of this 

action must be filed in the United States 

Court of Appeals for the appropriate 

circuit by February 19, 2013. 

Filing a petition for reconsideration 

by the Administrator of this final rule 

does not affect the finality of this rule 

for the purposes of judicial review nor 

does it extend the time within which a 

petition for judicial review may be filed, 

and shall not postpone the effectiveness 

of such rule or action. This action may 

not be challenged later in proceedings to 

enforce its requirements. See CAA 

section 307(b)(2). 

Dated: December 7, 2012. 

A. Stanley Meiburg, 

Acting Regional Administrator, Region 4. 

40 CFR part 52 is amended as follows: 

PART 52—[AMENDED] 

■ 1. The authority citation for part 52 

continues to read as follows: 

Authority: 42 U.S.C. 7401 et seq. 

Subpart PP—South Carolina 

■ 2. Section 52.2120(c), is amended by 

adding by adding in numerical order a 

new entry for ‘‘Ethics Reform Act’’ at 

the end of the table to read as follows: 

§ 52.2120 Identification of plan. 

* * * * * 

(c) * * * 

AIR POLLUTION CONTROL REGULATIONS FOR SOUTH CAROLINA

State citation Title/subject State 

effective date 

EPA 

approval date 

Federal Register notice 

*******

S.C. Code Ann. ............................................... Ethics Reform Act .......................................... ........................ ........................ ........................

Section 8–13–100(31) ..................................... Definitions ....................................................... 1/1/1992 8/1/2012 77 FR 45492 

Section 8–13–700(A) and (B) ......................... Use of official position or office for financial 

gain; disclosure of potential conflict of interest.

1/1/1992 8/1/2012 77 FR 45492 


wreier-aviles on DSK5TPTVN1PROD with 
Federal Register / Vol. 77, No. 244 / Wednesday, December 19, 2012 / Rules and Regulations 75037 

AIR POLLUTION CONTROL REGULATIONS FOR SOUTH CAROLINA—Continued 

State citation Title/subject State 

effective date 

EPA 

approval date 

Federal Register notice 

Section 8–13–730 ........................................... Membership on or employment by regulatory 

agency of person associated with regulated business.

1/1/1992 8/1/2012 77 FR 45492 

* * * * * 

[FR Doc. 2012–30437 Filed 12–18–12; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 180 

[EPA–HQ–OPP–2012–0441; FRL–9372–9] 

Difenzoquat; Data Call-in Order for 

Pesticide Tolerances 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final order. 

SUMMARY: This order requires the 

submission of various data to support 

the continuation of the tolerances for 

the pesticide, difenzoquat. Pesticide 

tolerances are established under the 

Federal Food, Drug, and Cosmetic Act 

(FFDCA). Following publication of this 

order, persons who are interested in the 

continuation of the difenzoquat 

tolerances must notify the Agency by 

completing and submitting the required 

section 408(f) Order Response Form 

(available in the docket) within 90 days. 

If the Agency does not receive within 90 

days after publication of the final order 

a section 408(f) Response Form 

identifying a person who agrees to 

submit the required data, EPA will 

revoke the difenzoquat tolerances. 

DATES: This final order is effective 

December 19, 2012. A section 408(f) 

Order Response Form must be received 

on or before March 19, 2013. 

ADDRESSES: EPA has established a 

docket for this action under docket 

identification (ID) number EPA–HQ– 

OPP–2012–0441. All documents in the 

docket are listed in the docket index 

available at http://www.regulations.gov. 

Although listed in the index, some 

information is not publicly available, 

e.g., Confidential Business Information 

(CBI) or other information whose 

disclosure is restricted by statute. 

Certain other material, such as 

copyrighted material, is not placed on 

the Internet and will be publicly 

available only in hard copy form. 

Publicly available docket materials are 

available in the electronic docket at 

http://www.regulations.gov, or, if only 

available in hard copy, at the OPP 

Regulatory Public 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. 

Submit your section 408(f) Order 

Response Form, identified by docket 

identification (ID) number EPA–HQ– 

OPP–2012–0441, by one of the 

following methods: 

• Federal eRulemaking Portal: Follow 

the on-line instructions for submitting 

comments. 

• Mail: OPP Docket, Environmental 

Protection Agency Docket Center (EPA/ 

DC), (28221T), 1200 Pennsylvania Ave. 

NW., Washington, DC 20460–0001. 

• Hand Delivery: To make special 

arrangements for hand delivery or 

delivery of boxed information, please 

follow the instructions at http:// 

www.epa.gov/dockets/contacts.htm. 

FOR FURTHER INFORMATION CONTACT: 

Christina Scheltema, Pesticide Reevaluation Division (7508P), Office of 

Pesticide Programs, Environmental 

Protection Agency, 1200 Pennsylvania 

Ave. NW., Washington, DC 20460–0001; 

telephone number: (703) 308–2201; 

email address: 

scheltema.christina@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. Potentially 

affected entities may include, but are 

not limited to: 

• Crop production (NAICS code 111). 

• Animal production (NAICS code 

112). 

• Food manufacturing (NAICS code 

311). 

• Pesticide manufacturing (NAICS 

code 32532). 

This listing is not intended to be 

exhaustive, but rather provides a guide 

for readers regarding entities likely to be 

affected by this action. Other types of 

entities not listed in this unit could also 

be affected. The North American 

Industrial Classification System 

(NAICS) codes have been provided to 

assist you and others in determining 

whether this action might apply to 

certain entities. If you have any 

questions regarding the applicability of 

this action to a particular entity, consult 

the person listed under FOR FURTHER

INFORMATION CONTACT. 

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:// 

ecfr.gpoaccess.gov/cgi/t/text/textidx?&c=ecfr&tpl=/ecfrbrowse/Title40/ 

40tab_02.tpl. To access the harmonized 

test guidelines referenced in this 

document electronically, please go to 

http://www.epa.gov/ocspp and select 

‘‘Test Methods and Guidelines,’’ which 

is listed under ‘‘Documents related to 

our mission.’’ 

II. Background 

A. What action is the agency taking? 

In this document EPA is issuing an 

order requiring the submission of 

various data to support the continuation 

of the difenzoquat tolerances at 40 CFR 

180.369, under section 408 of FFDCA, 

21 U.S.C. 346a. Difenzoquat is not 

currently registered under the Federal 

Insecticide, Fungicide, and Rodenticide 

Act (FIFRA), 7 U.S.C. 136 et seq. The 

last FIFRA registration for difenzoquat 

was canceled in 2010. However, 25 

FFDCA tolerances remain for residues of 

difenzoquat on the following 

commodities: Barley, cattle, goat, hog, 

horse, poultry, sheep, and wheat (40 

CFR 180.369). Because there are 

currently no domestic registrations for 

difenzoquat, these tolerances are 

referred to as ‘‘import tolerances.’’ It is 

these tolerances that are addressed by 

the Data Call-In order. 


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