5600 Federal Register / Vol. 70, No. 22 / Thursday, February 3, 2005 / Proposed Rules 

J. Executive Order 12898: Federal 

Actions To Address Environmental 

Justice in Minority Populations and 

Low-Income Populations 

Executive Order 12898 requires that 

each Federal agency make achieving 

environmental justice part of its mission 

by identifying and addressing, as 

appropriate, disproportionate high and 

adverse human health or environmental 

effects of its programs, policies, and 

activities on minorities and low-income 

populations. 

The EPA concluded that the Phase 1 

Rule should not raise any 

environmental justice issues; for the 

same reasons, this proposal should not 

raise any environmental justice issues. 

The health and environmental risks 

associated with ozone were considered 

in the establishment of the 8-hour, 0.08 

ppm ozone NAAQS. The level is 

designed to be protective with an 

adequate margin of safety. The proposed 

rule provides a framework for 

improving environmental quality and 

reducing health risks for areas that may 

be designated nonattainment.

List of Subjects in 40 CFR Part 51 

Environmental protection, Air 

pollution control, Carbon monoxide, 

Lead, Nitrogen dioxide, Ozone, 

Particulate matter, Sulfur oxides.

Dated: January 27, 2005. 

Jeffrey R. Holmstead, 

Assistant Administrator for Air and 

Radiation.

For the reasons stated in the 

preamble, Title 40, Chapter I of the Code 

of Federal Regulations, is proposed to be 

amended as follows:

PART 51—[AMENDED] 

1. The authority citation for part 51 

continues to read as follows:

Authority: 23 U.S.C. 101; 42 U.S.C. 7401–

7671q.

Subpart X—Provisions for 

Implementation of 8-Hour Ozone 

National Ambient Air Quality Standard

2. Section 51.900 is amended by 

revising paragraph (f) introductory text 

and adding paragraph (f)(13) to read as 

follows:

§ 51.900 Definitions.

* * * * *

(f) Applicable requirements means for 

an area the following requirements to 

the extent such requirements apply or 

applied to the area for the area’s 

classification under section 181(a)(1) of 

the CAA for the 1-hour NAAQS at the 

time of the effective date of the final 

rule designating the area for the 8-hour 

standard as nonattainment, attainment, 

or unclassifiable:

* * * * *

(13) Attainment demonstration or an 

alternative as provided under 

§ 51.905(a)(1)(ii).

* * * * *

3. Section 51.905 is amended by 

revising paragraph (e)(2)(ii) and by 

adding paragraph (e)(2)(iii) as follows:

§ 51.905 How do areas transition from the 

1-hour NAAQS to the 8-hour NAAQS and 

what are the anti-backsliding provisions?

* * * * *

(e) * * * 

(2) * * * 

(ii) The State is no longer required to 

impose under CAA sections 181(b)(4) 

and 185 fees on emissions sources in 

areas classified as severe or extreme 

based on a failure to meet the 1-hour 

attainment date. 

(iii) The State is no longer required to 

implement contingency measures under 

CAA section 172(c)(9) based on a failure 

to attain the 1-hour NAAQS or to make 

reasonable further progress toward 

attainment of the 1-hour NAAQS.

* * * * *

[FR Doc. 05–1997 Filed 2–2–05; 8:45 am] 

BILLING CODE 6560–50–P

DEPARTMENT OF TRANSPORTATION

Federal Transit Administration 

49 CFR Part 605

[Docket No. FTA–99–5082] 

RIN 2132–AA67

School Bus Operations; Amendment of 

Tripper Service Definition; Correction

AGENCY: Federal Transit Administration 

(FTA), DOT.

ACTION: Withdrawal of rulemaking; 

correction. 

SUMMARY: The Federal Transit 

Administration (FTA) published a 

document in the Federal Register of 

January 28, 2005, withdrawing a notice 

of proposed rulemaking relating to its 

School Bus Operations regulation. This 

document misidentified the Regulation 

Identifier Number (RIN).

FOR FURTHER INFORMATION CONTACT:

Elizabeth Martineau, 202–366–1936. 

Correction 

In the Federal Register of January 28, 

2005, in FR Doc. 05–1644 on page 4081, 

in the heading section, correct the 

Regulation Identifier Number (RIN) to 

read: 

RIN 2132–AA67

Dated: January 28, 2005. 

Scott A. Biehl, 

Assistant Chief Counsel for Legislation and 

Rulemaking.

[FR Doc. 05–2022 Filed 2–2–05; 8:45 am] 

BILLING CODE 4910–57–M