60-day notice

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Federal Register / Vol. 77, No. 34 / Tuesday, February 21, 2012 / Notices
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
38 See 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.).

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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

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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
Equal Employment
Opportunity Commission.
ACTION: Notice of Information
Collection—Extension Without Change:
Demographic Information on Applicants
for Federal Employment.
AGENCY:

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
SUMMARY:

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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.

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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.

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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
Federal Deposit Insurance
Corporation.

AGENCY:

Update listing of financial
institutions in liquidation.

ACTION:

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.

SUMMARY:

Dated: February 13, 2012.
Federal Deposit Insurance Corporation
Pamela Johnson,
Regulatory Editing Specialist.

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