Federal Register / Vol. 77, No. 34 / Tuesday, February 21, 2012 / Notices 9923 

38See CARB’s January 29, 2007 request at pp. 11– 

12, and 34 where CARB sets out 5 different types 

of extensions (e.g., a one year extension if an engine 

is within one year of retirement, a two-year 

extension if no VDECS is available, etc.). 

ambiguous (extensions are granted by 

CARB if the VDECS are ‘‘not available’’ 

and ‘‘not feasible’’) by pointing to its 

initial request to EPA for a waiver and 

authorization where CARB discussed 

compliance flexibility and relief.38

CARB maintains that nothing in the 

comments contradicts CARB’s reasons 

for the provisions or that the terms of 

the provisions are illusory. CARB notes 

that to date SSAT has never requested 

an extension and Ports America has 

requested and received an extension. 

CARB also provides an accounting of 88 

compliance extension requests it has 

received with no indication of any 

problems. In addition, CARB provides a 

detailed explanation of its 

administrative process for handling 

such requests. 

Based on the lack of concrete 

evidence from the commenters that it 

has incurred unreasonable delays or 

other difficulties making its compliance 

with the CHE regulations infeasible, 

EPA cannot deny CARB’s request based 

on the infeasibility of CARB’s 

compliance provisions. 

Finally, with regard to the costs 

associated with VDECS the commenters 

note ‘‘The cost of [VDECS] typically cost 

40k each dropped 50% on ‘some’ 

systems when the economy took a down 

turn. We are looking at spending 

millions of dollars to one or two 

vendors who charge whatever they feel 

they can get away with.’’ CARB replies 

by noting that nowhere do the 

commenters assert that the costs make 

the CHE regulation infeasible. CARB 

notes that the nature or port terminals 

and intermodal railroads make them 

multimillion-dollar businesses with 

highly polluting equipment. Without 

hard evidence from the commenters as 

to why the costs render the regulations 

infeasible, CARB suggests that costs are 

a policy question for CARB to consider 

when adopting the regulation and that 

EPA should follow its historical practice 

of deference. 

EPA notes that it is required to closely 

examine costs when making a 

determination of whether there is 

evidence in the record to support a 

finding that CARB’s regulations are 

technologically infeasible. In this 

instance there is insufficient evidence in 

the record to demonstrate why the costs 

of VDECS are inappropriately high 

when compared to the costs of the 

underlying vehicles or why the costs are 

otherwise inappropriately prohibitive. 

Therefore, based on the record, EPA 

cannot make a finding that CARB’s CHE 

regulations are inconsistent with section 

202(a) based on considerations of costs. 

As noted above, EPA’s consideration 

of the consistency with section 202(a) 

includes a review of whether 

California’s test procedures impose 

requirements inconsistent with federal 

test procedures. Because CARB’s test 

procedures are incorporated in 

previously waived and authorized 

regulations (e.g., the Tier 4 nonroad 

standards and the 2007 heavy-duty 

diesel engine regulations) and such 

regulations harmonize their test 

procedures with applicable federal test 

procedures CARB maintains there is no 

test procedure inconsistency. We have 

received no comments presented 

otherwise; therefore, based on the 

record before me I cannot deny CARB’s 

request based on a lack of test procedure 

consistency. 

III. Decision 

EPA’s analysis finds that the criteria 

for granting a full authorization and a 

full waiver of preemption have been met 

for CARB’s CHE regulations. 

The Administrator has delegated the 

authority to grant California a section 

209(b) waiver to enforce its own 

emission standards for new motor 

vehicles and engines and to grant 

California a section 209(e) authorization 

to enforce its own emission standards 

for nonroad engines and equipment to 

the Assistant Administrator for the 

Office of Air and Radiation. Having 

given consideration to all the material 

submitted for this record, and other 

relevant information, I find that I cannot 

make the determinations required for a 

denial of a waiver request pursuant to 

section 209(b) of the Act nor can I make 

the determination required for a denial 

of an authorization pursuant to section 

209(e) of the Act. Therefore I grant both 

a waiver of preemption and 

authorization to the State of California 

with respect to its CHE regulations as 

set for the above. 

My decision will affect not only 

persons in California but also 

manufacturers outside the State who 

must comply with California’s 

requirements in order to produce 

engines for sale in California. For this 

reason, I determine and find that this is 

a final action of national applicability 

for purposes of section 307(b)(1) of the 

Act. 

Pursuant to section 307(b)(1) of the 

Act, judicial review of this final action 

may be sought only in the United States 

Court of Appeals for the District of 

Columbia Circuit. Petitions for review 

must be filed by April 23, 2012. Judicial 

review of this final action may not be 

obtained in subsequent enforcement 

proceedings, pursuant to section 

307(b)(2) of the Act. 

In addition, this action is not a rule 

as defined in the Regulatory Flexibility 

Act, 5 U.S.C. 601(2). Therefore, EPA has 

not prepared a supporting regulatory 

flexibility analysis addressing the 

impact of this action on small business 

entities. 

Further, the Congressional Review 

Act, 5 U.S.C. 801 et seq., as added by 

the Small Business Regulatory 

Enforcement Fairness Act of 1996, does 

not apply because this action is not a 

rule for purposes of 5 U.S.C. 804(3). 

Dated: November 28, 2011. 

Gina McCarthy, 

Assistant Administrator, Office of Air and 

Radiation. 

[FR Doc. 2012–3793 Filed 2–17–12; 8:45 am] 

BILLING CODE 6560–50–P 

EQUAL EMPLOYMENT OPPORTUNITY 

COMMISSION 

Agency Information Collection 

Activities 

AGENCY: Equal Employment 

Opportunity Commission. 

ACTION: Notice of Information 

Collection—Extension Without Change: 

Demographic Information on Applicants 

for Federal Employment. 

SUMMARY: In accordance with the 

Paperwork Reduction Act, the Equal 

Employment Opportunity Commission 

(EEOC or Commission) announces that 

it intends to submit to the Office of 

Management and Budget (OMB) a 

request for a one-year extension of the 

Demographic Information on 

Applicants, OMB No. 3046–0046. 

DATES: Written comments on this notice 

must be submitted on or before April 23, 

2012. 

ADDRESSES: Comments should be sent to 

the Executive Officer, Executive 

Secretariat, Equal Employment 

Opportunity Commission, 131 M Street 

NE., Washington, DC 20507. As a 

convenience to commenters, the 

Executive Secretariat will accept 

comments totaling six or fewer pages by 

facsimile (‘‘FAX’’) machine. This 

limitation is necessary to assure access 

to the equipment. The telephone 

number of the fax receiver is (202) 663– 

4114. (This is not a toll-free number). 

Receipt of FAX transmittals will not be 

acknowledged, except that the sender 

may request confirmation of receipt by 

calling the Executive Secretariat staff at 

(202) 663–4070 (voice) or (202) 663– 

4074 (TTY). (These are not toll-free 

mstockstill on DSK4VPTVN1PROD with NOTICES

9924 Federal Register / Vol. 77, No. 34 / Tuesday, February 21, 2012 / Notices 

telephone numbers.) Instead of sending 

written comments to the EEOC, you may 

submit comments and attachments 

electronically at http:// 

www.regulations.gov, which is the 

Federal eRulemaking Portal. Follow the 

instructions online for submitting 

comments. All comments received 

through this portal will be posted 

without change, including any personal 

information you provide. Copies of 

comments submitted by the public to 

the EEOC directly or through the 

Federal eRulemaking Portal will be 

available for review, by advance 

appointment only, at the Commission’s 

library between the hours of 9:00 a.m. 

and 5 p.m. or can be reviewed at 

http://www.regulations.gov. To schedule 

an appointment to inspect the 

comments at EEOC’s library, contact the 

library staff at (202) 663–4630 (voice) or 

(202) 663–4641 (TTY). (These are not 

toll-free numbers.) 

FOR FURTHER INFORMATION CONTACT: Veta 

Hurst, Federal Sector Programs, Office 

of Federal Operations, 131 M Street NE., 

Washington, DC 20507, (202) 663–4498 

(voice); (202) 663–4593 (TTY). Copies of 

this notice are available in the following 

alternate formats: large print, Braille, 

electronic computer disk, and audiotape. Requests for this notice in an 

alternate format should be made to the 

Publications Center at 1–800–699–3362 

(voice), 1–800–800–3302 (TTY), or (301) 

206–9789 (FAX—this is not a toll free 

number). A copy of the form may be 

accessed on the EEOC’s Web site at 

http://www.eeoc.gov/federal/upload/ 

OMB–3046–0046.pdf. 

SUPPLEMENTARY INFORMATION: Pursuant 

to the Paperwork Reduction Act of 1995 

and OMB regulation 5 CFR 1320.8(d)(1), 

the Commission solicits public 

comment to enable it to: 

(1) Evaluate whether the proposed 

collection of information is necessary 

for the proper performance of the 

Commission’s functions, including 

whether the information will have 

practical utility; 

(2) Evaluate the accuracy of the 

Commission’s estimate of the burden of 

the proposed collection of information, 

including the validity of the 

methodology and assumptions used; 

(3) Enhance the quality, utility, and 

clarity of the information to be 

collected; and 

(4) Minimize the burden of the 

collection of information on those who 

are to respond, including the use of 

appropriate automated, electronic, 

mechanical, or other technological 

collection techniques or other forms of 

information technology, e.g., permitting 

electronic submission of responses. 

Overview of Information Collection 

Collection Title: Demographic 

Information on Applicants. 

OMB Control No.: 3046–0046. 

Description of Affected Public: 

Individuals submitting applications for 

federal employment. 

Number of Responses: 26,854,281. 

Estimated Time Per Response: 3 

minutes. 

Total Burden Hours: 1,342,714 

[(26,854,281 × 3)/60]. 

Number of Forms: One. 

Federal Cost: None. 

Abstract: Under section 717 of Title 

VII of the Civil Rights Act (Title VII) and 

section 501 of the Rehabilitation Act, 

the Commission is charged with 

reviewing and approving federal 

agencies’ plans to affirmatively address 

potential discrimination before it 

occurs. Pursuant to such oversight 

responsibilities, the Commission has 

established systems to monitor 

compliance with Title VII and the 

Rehabilitation Act by requiring federal 

agencies to evaluate their employment 

practices through the collection and 

analysis of data on the race, national 

origin, sex, and disability status of 

applicants for both permanent and 

temporary employment. 

While several federal agencies (or 

components of such agencies) have 

obtained OMB approval for the use of 

forms collecting data on the race, 

national origin, sex, and disability status 

of applicants, it is not an efficient use 

of government resources for each federal 

agency to separately seek OMB 

approval. Accordingly, in order to avoid 

unnecessary duplication of effort and a 

proliferation of forms, the EEOC seeks 

approval of a form that may be used by 

all (?) federal agencies. 

Response by applicants is optional. 

The information obtained will be used 

by federal agencies only for evaluating 

whether an agency’s recruitment 

activities are effectively reaching all 

segments of the relevant labor pool and 

whether the agency’s selection 

procedures allow all applicants to 

compete on a level playing field 

regardless of race, national origin, sex, 

or disability status. The voluntary 

responses are treated in a highly 

confidential manner and play no part in 

the job selection process. The 

information is not provided to any panel 

rating the applications, to selecting 

officials, to anyone who can affect the 

application, or to the public. Rather, the 

information is used in summary form to 

determine trends over many selections 

within a given occupational or 

organization area. No information from 

the form is entered into an official 

personnel file. 

Burden Statement: In fiscal year 2011, 

the EEOC gathered data on the number 

of applicants during fiscal year 2010 

from the 59 federal agencies required to 

collect applicant data. Based on the 

agency responses, we expect that 

26,854,281 applicants will be asked to 

complete the form. 

Because of the predominant use of 

online application systems, which 

require only pointing and clicking on 

the selected responses, and because the 

form requests only eight questions 

regarding basic information, the EEOC 

estimates that an applicant can 

complete the form in approximately 3 

minutes or less. 

Dated: February 13, 2012. 

For the Commission. 

Jacqueline A. Berrien, 

Chair. 

[FR Doc. 2012–3812 Filed 2–17–12; 8:45 am] 

BILLING CODE 6570–01–P 

FEDERAL DEPOSIT INSURANCE 

CORPORATION 

Update to Notice of Financial 

Institutions for Which the Federal 

Deposit Insurance Corporation Has 

Been Appointed Either Receiver, 

Liquidator, or Manager 

AGENCY: Federal Deposit Insurance 

Corporation. 

ACTION: Update listing of financial 

institutions in liquidation. 

SUMMARY: Notice is hereby given that 

the Federal Deposit Insurance 

Corporation (Corporation) has been 

appointed the sole receiver for the 

following financial institutions effective 

as of the Date Closed as indicated in the 

listing. This list (as updated from time 

to time in the Federal Register) may be 

relied upon as ‘‘of record’’ notice that 

the Corporation has been appointed 

receiver for purposes of the statement of 

policy published in the July 2, 1992 

issue of the Federal Register (57 FR 

29491). For further information 

concerning the identification of any 

institutions which have been placed in 

liquidation, please visit the Corporation 

Web site at www.fdic.gov/bank/ 

individual/failed/banklist.html or 

contact the Manager of Receivership 

Oversight in the appropriate service 

center. 

Dated: February 13, 2012. 

Federal Deposit Insurance Corporation 

Pamela Johnson, 

Regulatory Editing Specialist. 

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