### 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://


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

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