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3178 Federal Register / Vol. 70, No.

13 / Friday, January 21, 2005 / Proposed Rules

corresponding provision in section under section 110(k) to act on SIP as specified by Executive Order 13175
187(a)(3). submittals within certain time periods. (65 FR 67249, November 9, 2000). This
Therefore, based on our proposed If we finalize this action as proposed, action also does not have Federalism
finding that Las Vegas Valley has then the remaining FIP obligation (i.e., implications because it does not have
attained the CO NAAQS by the relative to contingency measures) that substantial direct effects on the States,
applicable attainment date (December was triggered 24 months after our on the relationship between the national
31, 2000), we propose to find that the finding of Nevada’s failure to submit a government and the States, or on the
contingency requirements under section serious area CO plan for Las Vegas distribution of power and
172(c)(9) and 187(a)(3) of the Act will Valley (see 64 FR 49084, September 10, responsibilities among the various
no longer apply for the Las Vegas Valley 1999) will be permanently lifted. levels of government, as specified in
CO nonattainment area at such time as Executive Order 13132 (64 FR 43255,
we finalize our proposed attainment IV. Request for Public Comment
August 10, 1999). This action merely
finding. We are soliciting public comment on proposes to find that an area has
all aspects of this proposal. These attained a national ambient air quality
III. EPA’s Proposed Action comments will be considered before standard and is therefore not subject to
EPA proposes to find, pursuant to taking final action. To comment on certain specific requirements for so long
sections 179(c)(1) and 186(b)(2) of the today’s proposal, you should submit as the area continues to attain the
Act, that the Las Vegas Valley ‘‘serious’’ comments by mail or in person (in standard, and does not alter the
nonattainment area has attained the triplicate if possible) to the ADDRESSES relationship or the distribution of power
NAAQS for CO by the applicable section listed in the front of this and responsibilities established in the
attainment date. If finalized as document. Your comments must be Clean Air Act. This proposed rule also
proposed, our action will relieve the received by February 22, 2005 to be is not subject to Executive Order 13045
State of Nevada from the obligation considered in the final action taken by ‘‘Protection of Children from
under section 187(g) of the Act to EPA. Environmental Health Risks and Safety
prepare and submit a SIP revision
V. Administrative Requirements Risks’’ (62 FR 19885, April 23, 1997),
providing for a reduction of CO
Under Executive Order 12866 (58 FR because it is not economically
emissions within Las Vegas Valley by at
51735, October 4, 1993), this proposed significant.
least five percent per year in each year
action is not a ‘‘significant regulatory This proposed rule does not involve
after approval of the SIP revision until
action’’ and therefore is not subject to establishment of technical standards,
the CO NAAQS is attained. It should be
review by the Office of Management and and thus, the requirements of section
noted that this proposed action does not
Budget. For this reason, this action is 12(d) of the National Technology
represent a proposal to redesignate this
area from ‘‘nonattainment’’ to also not subject to Executive Order Transfer and Advancement Act of 1995
‘‘attainment’’. Under section 13211, ‘‘Actions Concerning Regulations (15 U.S.C. 272 note) do not apply. This
107(d)(3)(E), the Clean Air Act requires That Significantly Affect Energy Supply, proposed rule does not impose an
that, for an area to be redesignated from Distribution, or Use’’ (66 FR 28355, May information collection burden under the
nonattainment to attainment, five 22, 2001). This proposed action merely provisions of the Paperwork Reduction
criteria must be satisfied including the proposes to find that an area has Act of 1995 (44 U.S.C. 3501 et seq.)
submittal by the State (and approval by attained a national ambient air quality Authority: 42 U.S.C. 7401 et seq.
EPA) of a maintenance plan as a SIP standard based on an objective review of
List of Subjects in 40 CFR Part 81
revision. Therefore, the designation measured air quality data. It also
status of Las Vegas Valley in 40 CFR proposes to determine that certain Clean Environmental protection, Air
part 81 is unaffected by this proposed Air Act requirements no longer apply so pollution control, National parks,
action, and Las Vegas Valley will long as the area continues to attain the Wilderness areas.
remain a ‘‘serious’’ nonattainment area standard. If finalized, it would not Dated: January 7, 2005.
for CO until such time as EPA finds that impose any new regulations, mandates, Laura Yoshii,
the State of Nevada has met the Clean or additional enforceable duties on any Acting Regional Administrator, Region IX.
Air Act requirements for redesignation public, nongovernmental, or private
[FR Doc. 05–1119 Filed 1–19–05; 8:45 am]
to attainment. entity. Accordingly, the Administrator
Based on our proposed finding of BILLING CODE 6560–50–P
certifies that this proposed rule will not
attainment by the applicable attainment have a significant economic impact on
date, we are also proposing to determine a substantial number of small entities
that the CAA’s requirement for the SIP under the Regulatory Flexibility Act (5 HARRY S. TRUMAN SCHOLARSHIP
to provide for CO contingency measures U.S.C. 601 et seq.). Because this FOUNDATION
will no longer apply to Las Vegas proposed rule does not impose any
Valley. In this instance, the State additional enforceable duty, it does not 45 CFR Part 1801
submitted contingency measures (as contain any unfunded mandate or Scholar Accountability Policy
part of the Las Vegas Valley serious area significantly or uniquely affect small
CO plan adopted in August 2000), but governments, as described in the AGENCY: Harry S. Truman Scholarship
we will continue to defer taking any Unfunded Mandates Reform Act of 1995 Foundation.
further action on them under sections (Pub. L. 104–4). ACTION: Notice of proposed rulemaking
172(c)(9) and 187(a)(3) of the Act in This proposed rule also does not have
light of this proposed finding of tribal implications because it will not SUMMARY: The Truman Scholarship
attainment by the applicable attainment have a substantial direct effect on one or Foundation [Foundation] proposes to
date and resulting determination that more Indian tribes, on the relationship amend its regulations with respect to
the contingency measure requirement between the Federal Government and Scholar accountability to the
no longer applies to the area. The State Indian tribes, or on the distribution of Foundation for scholarship funds
may elect to withdraw the contingency power and responsibilities between the received. This rule is to clarify existing
measures to lift the obligation on EPA Federal Government and Indian tribes, Foundation policy.

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Federal Register / Vol. 70, No. 13 / Friday, January 21, 2005 / Proposed Rules 3179

DATES: Submit comments on or before (c) A Scholar who fails to be DEPARTMENT OF TRANSPORTATION
March 22, 2005. employed in public service for three out
ADDRESSES: Send comments to Louis H. of the first seven years following Research and Special Programs
Blair, Executive Secretary, Harry S. completion of his or her Foundation Administration
Truman Scholarship Foundation, 712 funded graduate education must repay
Jackson Place, NW., Washington, DC to the Foundation an amount equal to: 49 CFR Parts 171, 172, 173 and 175
20005 or send e-mail to (1) All of the Scholarship stipends [Docket No. RSPA–02–11654 (HM–228)]
lblair@truman.gov. received, RIN 2137–AD18
FOR FURTHER INFORMATION CONTACT:
(2) Interest at the rate of 6% per
Louis H. Blair, Harry S. Truman annum from the date of receipt of each Hazardous Materials: Revision of
Scholarship Foundation, 202–395–4831. Requirements for Carriage by Aircraft
payment until repayment is made to the
SUPPLEMENTARY INFORMATION: This
Foundation, and AGENCY: Research and Special Programs
proposed rule was developed by the
(3) Reasonable collection fees. Administration (RSPA), Department of
Accountability Task Force, established
Transportation (DOT).
at the Spring 2003 Board of Trustees (d)(1) The repayment obligation of
Meeting. The Task Force researched and ACTION: Notice of proposed rulemaking
paragraph (c) of this section accrues on
considered a number of options and (NPRM); extension of comment period.
the first July 15 on which it becomes
recommended this rule to the Board of impossible for a Scholar to fulfill the SUMMARY: RSPA is extending until
Trustees in Spring 2004. The Board three year public service requirement of March 18, 2005, the period for
adopted the recommendations of the paragraph (a) of this section. For interested persons to submit comments
Trustees and required the Foundation example, July 15 of the sixth year on the November 10, 2004 notice of
provide an implementation plan. This following completion of Foundation proposed rulemaking in response to a
implementation plan was received and funded graduate education for a Scholar request by the Air Transport Association
approved at the Fall 2004 Board who has been employed in the public of America, Inc. (ATA). In the
Meeting. service for only one of those six years. November 10, 2004 NPRM, we proposed
List of Subjects in 45 CFR Part 1801 (2) The Foundation will send to the to amend the requirements in the
Hazardous Materials Regulations (HMR)
Grant Programs—education, Scholar’s last known address a notice
for the transportation of hazardous
Scholarships and fellowships. that his or her repayment obligation has
materials by aircraft. The proposed
For the reasons set forth in the accrued. The failure, however, of the changes include clarifying the
preamble, the Foundation proposes to Foundation to send, or the Scholar to applicability of part 175; excepting
amend 45 CFR part 1801 as follows: receive, such a notice does not alter or cargo aircraft from the quantity limits in
delay the Scholar’s repayment § 175.75; reformatting the exceptions in
PART 1801—HARRY S. TRUMAN obligation. § 175.10 into three sections based on
SCHOLARSHIP PROGRAM
(e) The Foundation may employ applicability; and providing new
1. The authority citation for part 1801 whatever remedies are available to it to separation distances for the shipment of
continues to read as follows: collect any unpaid obligation accruing radioactive materials by cargo aircraft.
Authority: Pub. L. 93–642, 88 Stat. 2276 under this § 1801.63. These changes are being proposed in
(20 U.S.C. 2001–2012). order to clarify requirements to promote
(f) Upon application by the Scholar
safer transportation practices; promote
2. Add §1801.63 to read as follows: showing good cause for doing so, the
compliance and enforcement; eliminate
Foundation may waive or modify the unnecessary regulatory requirements;
§ 1801.63 Scholar accountability.
repayment obligation established by convert certain exemptions into
(a) A Scholar selected after January paragraph (c) of this section.
2005 must be employed in public regulations of general applicability;
service for three of the seven years (g) The Foundation will establish a finalize outstanding petitions for
following completion of his or her process for appealing any disputes rulemaking; facilitate international
Foundation funded graduate education. concerning the accrual of the repayment commerce; and make these
(b) Following completion of obligation imposed by paragraph (c) of requirements easier to understand.
Foundation funded graduate education, this section. The Foundation will DATES: Submit comments by March 18,
Scholars must submit a report to the publish on its Web site http:// 2005. To the extent possible, we will
Foundation by July 15 of each year. This www.truman.gov information about this consider comments received after this
report will include the Scholar’s current appeals process and other information date.
contact information as well as a brief pertinent to repayment obligations ADDRESSES: You may submit comments
description of his or her employment accruing under this § 1801.63. identified by any of the following
during the past twelve months. This Dated: January 11, 2005. methods:
reporting requirement ends when the Web Site: http://dms.dot.gov. Follow
Foundation determines that a Scholar Louis H. Blair,
the instructions for submitting
has reported three years of public Executive Secretary. comments on the DOT electronic docket
service employment and the Foundation [FR Doc. 05–1045 Filed 1–19–05; 8:45 am] site.
notifies him or her that he or she no BILLING CODE 6820–AD–P Fax: 1–202–493–2251.
longer is required to submit reports. Mail: Docket Management System:
Scholars who fail for two consecutive U.S. Department of Transportation, 400
years to submit the required report to Seventh Street, SW., Nassif Building,
the Foundation will be considered to Room PL–401, Washington, DC 20590–
have failed to complete the three year 001.
public service requirement of paragraph Hand Delivery: To the Docket
(a) of this section. Management System; Room PL–401 on

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