Federal Register / Vol. 77, No. 51 / Thursday, March 15, 2012 / Proposed Rules 15351 

safety risks addressed by this proposed 

rule present a disproportionate risk to 

children. 

H. Executive Order 13211: Actions That 

Significantly Affect Energy Supply, 

Distribution, or Use 

1. What is Executive Order 13211? 

Executive Order 13211, ‘‘Actions 

Concerning Regulations That 

Significantly Affect Energy Supply, 

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

22, 2001)) requires federal agencies to 

prepare a ‘‘Statement of Energy Effects’’ 

when undertaking certain regulatory 

actions. A Statement of Energy Effects 

describes the adverse effects of a 

‘‘significant energy action’’ on energy 

supply, distribution and use, reasonable 

alternatives to the action and the 

expected effects of the alternatives on 

energy supply, distribution and use. 

2. Does Executive Order 13211 apply to 

this proposed rule? 

This action is not a ‘‘significant 

energy action’’ as defined in Executive 

Order 13211, because it is not likely to 

have a significant adverse effect on the 

supply, distribution or use of energy. 

Further, the agency has concluded that 

this rule is not likely to have any 

adverse energy impacts because 

proposing a site to the NPL does not 

require an entity to conduct any action 

that would require energy use, let alone 

that which would significantly affect 

energy supply, distribution or usage. 

Thus, Executive Order 13175 does not 

apply to this action. 

I. National Technology Transfer and 

Advancement Act 

1. What is the National Technology 

Transfer and Advancement Act? 

Section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (NTTAA), Public Law 104– 

113, section 12(d) (15 U.S.C. 272 note), 

directs the EPA to use voluntary 

consensus standards in its regulatory 

activities unless to do so would be 

inconsistent with applicable law or 

otherwise impractical. Voluntary 

consensus standards are technical 

standards (e.g., materials specifications, 

test methods, sampling procedures and 

business practices) that are developed or 

adopted by voluntary consensus 

standards bodies. The NTTAA directs 

the EPA to provide Congress, through 

OMB, explanations when the agency 

decides not to use available and 

applicable voluntary consensus 

standards. 

2. Does the National Technology 

Transfer and Advancement Act apply to 

this proposed rule? 

No. This proposed rulemaking does 

not involve technical standards. 

Therefore, the EPA did not consider the 

use of any voluntary consensus 

standards. 

J. Executive Order 12898: Federal 

Actions To Address Environmental 

Justice in Minority Populations and 

Low-Income Populations 

1. What is Executive Order 12898? 

Executive Order (EO) 12898 (59 FR 

7629 (Feb. 16, 1994)) establishes federal 

executive policy on environmental 

justice. Its main provision directs 

federal agencies, to the greatest extent 

practicable and permitted by law, to 

make environmental justice part of their 

mission by identifying and addressing, 

as appropriate, disproportionately high 

and adverse human health or 

environmental effects of their programs, 

policies and activities on minority 

populations and low-income 

populations in the United States. 

2. Does Executive Order 12898 apply to 

this rule? 

The EPA has determined that this 

proposed rule will not have 

disproportionately high and adverse 

human health or environmental effects 

on minority or low-income populations 

because it does not affect the level of 

protection provided to human health or 

the environment. As this rule does not 

impose any enforceable duty upon state, 

tribal or local governments, this rule 

will neither increase nor decrease 

environmental protection. 

List of Subjects in 40 CFR Part 300 

Environmental protection, Air 

pollution control, Chemicals, Hazardous 

substances, Hazardous waste, 

Intergovernmental relations, Natural 

resources, Oil pollution, Penalties, 

Reporting and recordkeeping 

requirements, Superfund, Water 

pollution control, Water supply. 

Authority: 33 U.S.C. 1321(c)(2); 42 U.S.C. 

9601–9657; E.O. 12777, 56 FR 54757, 3 CFR, 

1991 Comp., p. 351; E.O. 12580, 52 FR 2923, 

3 CFR, 1987 Comp., p. 193. 

Dated: March 18, 2012. 

Mathy Stanislaus, 

Assistant Administrator, Office of Solid Waste 

and Emergency Response. 

[FR Doc. 2012–6328 Filed 3–14–12; 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. 

ACTION: Proposed rule; extension of 

comment period. 

SUMMARY: In December 2011, NHTSA 

published a notice of proposed 

rulemaking (NPRM) that addressed 

safety issues arising from increasing 

variations of keyless ignition controls, 

and the operation of those controls. We 

received a petition from the Alliance of 

Automobile Manufacturers requesting 

an extension of the comment period. 

The petitioner argued that additional 

time was needed to review information 

that was placed in the docket late in the 

comment period. After considering the 

petition, we are extending the comment 

period by 10 days, from March 12, 2012, 

to March 22, 2012. 

DATES: The comment period for the 

proposed rule published December 12, 

2011, at 76 FR 77183, is extended. 

Comments must be received on or 

before March 22, 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 Management 

Facility at 202–366–9826. 

Note that all comments received will 

be posted without change to http:// 

www.regulations.gov, including any 

personal information provided. 


tkelley on DSK3SPTVN1PROD with PROPOSALS-1
15352 Federal Register / Vol. 77, No. 51 / Thursday, March 15, 2012 / Proposed Rules 

Privacy Act: Anyone is able to search 

the electronic form of all comments 

received into any of our dockets by the 

name of the individual submitting the 

comment (or signing the comment, if 

submitted on behalf of an association, 

business, labor union, etc.). You may 

review DOT’s complete Privacy Act 

Statement in the Federal Register 

published on April 11, 2000 (65 FR 

19477–78). 

Docket: For access to the docket to 

read background documents or 

comments received, go to http:// 

www.regulations.gov or the street 

address listed above. Follow the online 

instructions for accessing the dockets. 

FOR FURTHER INFORMATION CONTACT: 

For technical issues: Ms. Gayle 

Dalrymple, Office of Crash Avoidance 

Standards, National Highway Traffic 

Safety Administration, 1200 New Jersey 

Avenue SE., Washington, DC 20590. 

Telephone: (202) 366–5559. 

For legal issues: Mr. Edward Glancy, 

Office of the Chief Counsel, National 

Highway Traffic Safety Administration, 

1200 New Jersey Avenue SE., 

Washington, DC 20590. Telephone: 

(202) 366–2992. 

SUPPLEMENTARY INFORMATION: 

On December 12, 2011, NHTSA 

published in the Federal Register (76 

FR 77183) a notice of proposed 

rulemaking (NPRM) to amend Federal 

Motor Vehicle Safety Standard (FMVSS) 

No. 114, Theft Protection and Rollaway 

Prevention. In the NPRM, the agency 

addressed safety issues arising from 

increasing variations of keyless ignition 

controls, and the operation of those 

controls. We provided a 90-day 

comment period for the NPRM. 

On February 29, 2012, the Alliance of 

Automobile Manufacturers (Alliance) 

sent a letter to NHTSA requesting that 

certain information, including vehicle 

owner questionnaires (VOQs) referenced 

in the NPRM, be placed in the docket. 

NHTSA sent a memorandum to the 

docket containing VOQ and crash 

information and also sent a copy to the 

Alliance. The memorandum was posted 

in the docket on March 6, 2012. 

In a petition dated March 6, 2012, the 

Alliance requested a 30-day extension of 

the comment period. The petitioner 

argued that it and other interested 

parties seeking to comment need 

additional time to locate the VOQs, 

analyze the VOQs, and evaluate the 

other, newly docketed information. The 

Alliance stated that while the requested 

extension of the comment period may 

result in a slight delay in the rulemaking 

process, it contends that allowing 

commenters to generate comprehensive 

and responsive comments will 

significantly assist the agency in its 

decision making process. 

After considering the petition from 

the Alliance, we have decided to extend 

the comment period by 10 days. We 

wish to facilitate the efforts of the 

petitioner and other interested persons 

to provide complete comments. We 

note, however, that since the agency 

initially provided a relatively long 

comment period, i.e., 90 days, interested 

persons have already had considerable 

time to evaluate the proposal. The 

VOQs, along with media reports, were 

cited as examples of the safety 

problems. We believe that a 10-day 

extension will ensure that interested 

persons have sufficient time to analyze 

the VOQ and crash information. Since 

the information was posted in the 

docket on March 6, all interested 

persons will, with the extension 

considered, have had more than two 

weeks to review the information. The 

Alliance did not provide any detailed 

information showing why a longer 

extension, such as the 30 days it 

requested, would be necessary. 

Authority: 49 U.S.C. 322, 30111, 30115, 

30166 and 30177; delegation of authority at 

49 CFR 1.50. 

Issued: March 9, 2012. 

Christopher J. Bonanti, 

Associate Administrator for Rulemaking. 

[FR Doc. 2012–6269 Filed 3–12–12; 4:15 pm] 

BILLING CODE 4910–59–P 

DEPARTMENT OF THE INTERIOR 

Fish and Wildlife Service 

50 CFR Parts 13, 17, and 402 

[Docket No. FWS–R9–ES–2011–0099: 

FXES11150900000A2123] 

RIN 1018–AY29 

Endangered and Threatened Wildlife 

and Plants; Expanding Incentives for 

Voluntary Conservation Actions Under 

the Endangered Species Act 

AGENCY: Fish and Wildlife Service, 

Interior. 

ACTION: Advance notice of proposed 

rulemaking. 

SUMMARY: We, the U.S. Fish and 

Wildlife Service (Service), are 

considering proposals to amend the 

regulations that implement parts of the 

Endangered Species Act. By this notice, 

we are inviting public comment to help 

us identify potential changes to our 

regulations that would create incentives 

for landowners and others to take 

voluntary conservation actions to 

benefit species that may be likely to 

become threatened or endangered 

species. In particular, we seek comment 

on whether and how the Service can 

assure those who take such voluntary 

actions that the benefits of such 

voluntary conservation actions will be 

recognized as offsetting the adverse 

effects of activities carried out after 

listing by that landowner or others. This 

practice sometimes referred to as 

‘‘advance mitigation’’ or ‘‘pre-listing 

mitigation,’’ is intended to encourage 

early conservation efforts that could 

reduce or eliminate the need to list 

species as endangered or threatened. 

DATES: We will consider comments 

received or postmarked on or before 

May 14, 2012. 

ADDRESSES: You may submit comments 

by one of the following methods: 

Electronically: Go to the Federal 

eRulemaking Portal: http:// 

www.regulations.gov. In the Enter 

Keyword or ID box, enter FWS–R9–ES– 

2011–0099, which is the docket number 

for this notice. You may submit a 

comment by clicking on ‘‘Submit a 

Comment.’’ 

By hard copy: Submit by U.S. mail or 

hand-delivery to: Public Comments 

Processing, Attn: FWS–R9–ES–2011– 

0099; Division of Policy and Directives 

Management; U.S. Fish and Wildlife 

Service; 4401 N. Fairfax Drive, MS 

2042–PDM; Arlington, VA 22203. 

We will post all information received 

on http://www.regulations.gov. This 

generally means that we will post any 

personal information you provide us 

(see the Public Comments below for 

more details). 

FOR FURTHER INFORMATION CONTACT: Jim 

Serfis, Chief, Office of Communications 

and Candidate Conservation, U.S. Fish 

and Wildlife Service, 4401 N. Fairfax 

Drive, Room 420, Arlington, VA 22203 

(telephone 703–358–2171). If you use a 

telecommunications device for the deaf 

(TDD), call the Federal Information 

Relay Service (FIRS) at 800–877–8339. 

SUPPLEMENTARY INFORMATION: 

Public Comments 

We are considering whether and how 

we could revise our regulations to create 

incentives for landowners and others to 

take voluntary conservation actions to 

benefit species that may be likely to 

become threatened or endangered 

species, including revisions that could 

recognize the benefits of such 

conservation actions as offsetting the 

adverse effects of actions carried out 

after listing by that landowner or others. 

We request comments, information, and 

suggestions from the public, other 

concerned governmental agencies, the 


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