77182 Federal Register / Vol. 76, No. 238 / Monday, December 12, 2011 / Proposed Rules 

regulations, and EPA policy and 

proposes to approve them. 

VI. What is EPA’s conclusion? 

EPA has evaluated New York’s 

submittal for consistency with the Act, 

EPA regulations, and EPA policy. EPA 

proposes that the revisions made to title 

6 of the New York Code of Rules and 

Regulations (6 NYCRR) part 228, 

‘‘Surface Coating Processes, Commercial 

and Industrial Adhesives, Sealants and 

Primers,’’ part 234, ‘‘Graphic Arts,’’ and 

new part 241, ‘‘Asphalt Pavement and 

Asphalt Based Surface Coating,’’ with 

effective dates of September 30, 2010, 

July 8, 2010 and January 1, 2011, 

respectively, meet the SIP requirements 

of the Act and fulfill the recommended 

controls identified in the applicable 

CTGs. EPA is proposing to approve 

these revisions and is also proposing to 

approve the revisions made to 6 NYCRR 

Part 205, ‘‘Architectural and Industrial 

Maintenance (AIM) Coatings’’ and Part 

211, ‘‘General Prohibitions,’’ both 

effective January 1, 2011, to avoid 

redundancy and conflict of the asphalt 

paving and coating provisions included 

in new part 241. 

VII. Statutory and Executive Order 

Reviews 

Under the Act, the Administrator is 

required to approve a SIP submission 

that complies with the provisions of the 

Act and applicable federal regulations. 

42 U.S.C. 7410(k); 40 CFR 52.02(a). 

Thus, in reviewing SIP submissions, 

EPA’s role is to approve state choices, 

provided that they meet the criteria of 

the Act. Accordingly, this proposed 

action merely approves state law as 

meeting federal requirements and does 

not impose additional requirements 

beyond those imposed by state law. For 

that reason, this proposed action: 

• Is not a ‘‘significant regulatory 

action’’ subject to review by the Office 

of Management and Budget under 

Executive Order 12866 (58 FR 51735, 

October 4, 1993); 

• Does not impose an information 

collection burden under the provisions 

of the Paperwork Reduction Act (44 

U.S.C. 3501 et seq.); 

• Is certified as not having a 

significant economic impact on a 

substantial number of small entities 

under the Regulatory Flexibility Act 

(5 U.S.C. 601 et seq.); 

• 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); 

• Does not have Federalism 

implications as specified in Executive 

Order 13132 (64 FR 43255, August 10, 

1999); 

• Is not an economically significant 

regulatory action based on health or 

safety risks subject to Executive Order 

13045 (62 FR 19885, April 23, 1997); 

• Is not a significant regulatory action 

subject to Executive Order 13211 (66 FR 

28355, May 22, 2001); 

• Is not subject to requirements of 

Section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (15 U.S.C. 272) because 

application of those requirements would 

be inconsistent with the Act; and 

• Does not provide EPA with the 

discretionary authority to address, as 

appropriate, disproportionate human 

health or environmental effects, using 

practicable and legally permissible 

methods, under Executive Order 12898 

(59 FR 7629, February 16, 1994). 

In addition, this proposed action does 

not have tribal implications as specified 

by Executive Order 13175 (65 FR 67249, 

November 9, 2000), because the SIP is 

not approved to apply in Indian country 

located in the state, and EPA notes that 

it will not impose substantial direct 

costs on tribal governments or preempt 

tribal law. 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Hydrocarbons, 

Incorporation by reference, 

Intergovernmental relations, Oxides of 

nitrogen, Ozone, Reporting and 

recordkeeping requirements, Volatile 

organic compounds. 

Dated: November 22, 2011. 

Judith A. Enck, 

Regional Administrator, Region 2. 

[FR Doc. 2011–31823 Filed 12–9–11; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R03–OAR–2011–0872; FRL–9504–8] 

Approval and Promulgation of Air 

Quality Implementation Plans; Virginia; 

General Conformity Requirements for 

Federal Agencies Applicable to Federal 

Actions 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: EPA proposes to approve the 

State Implementation Plan (SIP) 

revision submitted by the 

Commonwealth of Virginia. The SIP 

revision consists of a regulation revision 

adopted by Virginia for the purpose of 

incorporating Federal general 

conformity requirements revisions 

promulgated in July of 2006 and April 

of 2010. In the Final Rules section of 

this Federal Register, EPA is approving 

the State’s SIP submittal as a direct final 

rule without prior proposal because the 

Agency views this as a noncontroversial 

submittal and anticipates no adverse 

comments. A detailed rationale for the 

approval is set forth in the direct final 

rule. If no adverse comments are 

received in response to this action, no 

further activity is contemplated. If EPA 

receives adverse comments, the direct 

final rule will be withdrawn and all 

public comments received will be 

addressed in a subsequent final rule 

based on this proposed rule. EPA will 

not institute a second comment period. 

Any parties interested in commenting 

on this action should do so at this time. 

DATES: Comments must be received in 

writing by January 11, 2012. 

ADDRESSES: Submit your comments, 

identified by Docket ID Number EPA– 

R03–OAR–2011–0872, by one of the 

following methods: 

A. http://www.regulations.gov. Follow 

the on-line instructions for submitting 

comments. 

B. Email: fernandez.cristina@epa.gov. 

C. Mail: EPA–R03–OAR–2011–0872, 

Cristina Fernandez, Associate Director, 

Office of Air Program Planning, 

Mailcode 3AP30, U.S. Environmental 

Protection Agency, Region III, 1650 

Arch Street, Philadelphia, Pennsylvania 

19103. 

D. Hand Delivery: At the previouslylisted EPA Region III address. Such 

deliveries are only accepted during the 

Docket’s normal hours of operation, and 

special arrangements should be made 

for deliveries of boxed information. 

Instructions: Direct your comments to 

Docket ID No. EPA–R03–OAR–2011– 

0872. EPA’s policy is that all comments 

received will be included in the public 

docket without change, and may be 

made available online at http:// 

www.regulations.gov, including any 

personal information provided, unless 

the comment includes information 

claimed to be Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

Do not submit information that you 

consider to be CBI or otherwise 

protected through http:// 

www.regulations.gov or email. The 

http://www.regulations.gov Web site is 

an ‘‘anonymous access’’ system, which 

means EPA will not know your identity 

or contact information unless you 

provide it in the body of your comment. 

If you send an email comment directly 

to EPA without going through http:// 

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Federal Register / Vol. 76, No. 238 / Monday, December 12, 2011 / Proposed Rules 77183 

www.regulations.gov, your email 

address will be automatically captured 

and included as part of the comment 

that is placed in the public docket and 

made available on the Internet. If you 

submit an electronic comment, EPA 

recommends that you include your 

name and other contact information in 

the body of your comment and with any 

disk or CD–ROM you submit. If EPA 

cannot read your comment due to 

technical difficulties and cannot contact 

you for clarification, EPA may not be 

able to consider your comment. 

Electronic files should avoid the use of 

special characters, any form of 

encryption, and be free of any defects or 

viruses. 

Docket: All documents in the 

electronic docket are listed in the http:// 

www.regulations.gov index. Although 

listed in the index, some information is 

not publicly available, i.e., 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 either 

electronically in http:// 

www.regulations.gov or in hard copy 

during normal business hours at the Air 

Protection Division, U.S. Environmental 

Protection Agency, Region III, 1650 

Arch Street, Philadelphia, Pennsylvania 

19103. Copies of the State submittal are 

also available at the Virginia 

Department of Environmental Quality, 

629 East Main Street, Richmond, 

Virginia 23219. 

FOR FURTHER INFORMATION CONTACT: 

Brian Rehn, (215) 814–2176, or by email 

at rehn.brian@epa.gov. 

SUPPLEMENTARY INFORMATION: For 

further information, please see the 

information provided in the direct final 

action, with the same title, that is 

located in the ‘‘Rules and Regulations’’ 

section of this Federal Register 

publication. Please note that if EPA 

receives adverse comment on an 

amendment, paragraph, or section of 

this rule approving Virginia’s general 

conformity SIP revision and if that 

provision may be severed from the 

remainder of the rule, EPA may adopt 

as final those provisions of the rule that 

are not the subject of an adverse 

comment. 

Dated: November 29, 2011. 

W.C. Early, 

Acting Regional Administrator, Region III. 

[FR Doc. 2011–31662 Filed 12–9–11; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF TRANSPORTATION 

National Highway Traffic Safety 

Administration 

49 CFR Part 571 

[Docket No. NHTSA–2011–0174] 

RIN 2127–AK88 

Federal Motor Vehicle Safety 

Standards; Theft Protection and 

Rollaway Prevention 

AGENCY: National Highway Traffic 

Safety Administration (NHTSA), 

Department of Transportation (DOT). 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: In this NPRM, we (NHTSA) 

address safety issues arising from 

increasing variations of keyless ignition 

controls, and the operation of those 

controls. At issue are drivers’ inability 

to stop a moving vehicle in a panic 

situation, and drivers who 

unintentionally leave the vehicle 

without the vehicle transmission’s being 

‘‘locked in park,’’ or with the engine 

still running, increasing the chances of 

vehicle rollaway or carbon monoxide 

poisoning in an enclosed area. 

Therefore in this NPRM, among other 

matters, we propose to standardize the 

operation of controls that are used to 

stop the vehicle engine or other 

propulsion system and that do not 

involve the use of a physical key. We 

are also proposing to require that an 

audible warning be given to any driver 

who: Attempts to shut down the 

propulsion system without first moving 

the gear selection control to the ‘‘park’’ 

position (for vehicles with a ‘‘park’’ 

position); exits a vehicle without having 

first moved the gear selection control to 

‘‘park’’ (for vehicles with a ‘‘park’’ 

position), or exits a vehicle without first 

turning off the propulsion system. 

DATES: Comments must be received on 

or before March 12, 2012. 

ADDRESSES: You may submit comments 

to the docket number identified in the 

heading of this document by any of the 

following methods: 

• Federal eRulemaking Portal: go to 

http://www.regulations.gov. Follow the 

online instructions for submitting 

comments. 

• Mail: Docket Management Facility, 

M–30, U.S. Department of 

Transportation, West Building, Ground 

Floor, Rm. W12–140, 1200 New Jersey 

Avenue SE. Washington, DC 20590. 

• Hand Delivery or Courier: West 

Building Ground Floor, Room W12–140, 

1200 New Jersey Avenue SE., between 

9 a.m. and 5 p.m. Eastern Time, Monday 

through Friday, except Federal holidays. 

• Fax: (202) 493–2251. 

Regardless of how you submit your 

comments, you should mention the 

docket number of this document. 

You may call the Docket at (202) 366– 

9324. 

Instructions: For detailed instructions 

on submitting comments and additional 

information on the rulemaking process, 

see the Public Participation heading of 

the Supplementary Information section 

of this document. Note that all 

comments received will be posted 

without change to http:// 

www.regulations.gov, including any 

personal information provided. 

Privacy Act: Please see the Privacy 

Act heading under Rulemaking 

Analyses and Notices. 

FOR FURTHER INFORMATION CONTACT: For 

non-legal issues, Ms. Gayle Dalrymple, 

Office of Crash Avoidance Standards 

(telephone: 202–366–5559) (fax: (202) 

493–2990). Ms. Dalrymple’s mailing 

address is National Highway Traffic 

Safety Administration, NVS–112, 1200 

New Jersey Avenue SE., Washington, 

DC 20590. 

For legal issues, Ms. Dorothy Nakama, 

Office of the Chief Counsel (telephone: 

(202) 366–2992) (fax: (202) 366–3820). 

Ms. Nakama’s mailing address is 

National Highway Traffic Safety 

Administration, NCC–112, 1200 New 

Jersey Avenue SE., Washington, DC 

20590. 

SUPPLEMENTARY INFORMATION: 

Table of Contents 

I. Executive Summary 

II. Background 

III. Safety Need for Proposed Changes to 

FMVSS No. 114 

A. Inability To Stop a Moving Vehicle in 

a Panic Situation 

B. Rollaway—Leaving a Vehicle Not in 

‘‘Park’’ 

C. Leaving the Vehicle With the Vehicle 

Propulsion System Unintentionally Left 

Active 

IV. Society of Automotive Engineers Effort in 

This Area 

V. NHTSA’s Proposal 

A. New Definitions 

B. Standardizing Shutting Down a Moving 

Vehicle’s Propulsion System 

C. Audible Warning When Key Is in the 

Starting System and the Driver Opens 

the Door 

D. Audible Warning To Prevent Rollaways 

E. Audible Warning To Reduce Chances of 

Drivers’ Leaving a Vehicle With the 

Propulsion System Active 

F. Owners’ Manual Required Language 

VI. Other Issues Considered by NHTSA 

A. Propulsion System Kill Switch in Plain 

View of the Driver 

B. Stepping on Brake Before Starting the 

Propulsion System 

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