38124 Federal Register / Vol. 73, No. 129 / Thursday, July 3, 2008 / Rules and Regulations 

III. Statutory and Executive Order 

Reviews 

Under the Clean Air Act, the 

Administrator is required to approve a 

SIP submission that complies with the 

provisions of the Act and applicable 

Federal regulations. 42 U.S.C. 7410(k); 

40 CFR 52.02(a). Thus, in reviewing SIP 

submissions, EPA’s role is to approve 

state choices, provided that they meet 

the criteria of the Clean Air Act. 

Accordingly, this action merely 

approves state law as meeting Federal 

requirements and does not impose 

additional requirements beyond those 

imposed by state law. For that reason, 

this action: 

• Is not a ‘‘significant regulatory 

action’’ subject to review by the Office 

of Management and Budget under 

Executive Order 12866 (58 FR 51735, 

October 4, 1993); 

• Does not impose an information 

collection burden under the provisions 

of the Paperwork Reduction Act (44 

U.S.C. 3501 et seq.); 

• Is certified as not having a 

significant economic impact on a 

substantial number of small entities 

under the Regulatory Flexibility Act (5 

U.S.C. 601 et seq.); 

• Does not contain any unfunded 

mandate or significantly or uniquely 

affect small governments, as described 

in the Unfunded Mandates Reform Act 

of 1995 (Pub. L. 104–4); 

• Does not have Federalism 

implications as specified in Executive 

Order 13132 (64 FR 43255, August 10, 

1999); 

• Is not an economically significant 

regulatory action based on health or 

safety risks subject to Executive Order 

13045 (62 FR 19885, April 23, 1997); 

• Is not a significant regulatory action 

subject to Executive Order 13211 (66 FR 

28355, May 22, 2001); 

• Is not subject to requirements of 

Section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (15 U.S.C. 272 note) because 

application of those requirements would 

be inconsistent with the Clean Air Act; 

and 

• Does not provide EPA with the 

discretionary authority to address, as 

appropriate, disproportionate human 

health or environmental effects, using 

practicable and legally permissible 

methods, under Executive Order 12898 

(59 FR 7629, February 16, 1994). 

In addition, this rule does not have 

tribal implications as specified by 

Executive Order 13175 (65 FR 67249, 

November 9, 2000), because the SIP is 

not approved to apply in Indian country 

located in the state, and EPA notes that 

it will not impose substantial direct 

costs on tribal governments or preempt 

tribal law. 

The Congressional Review Act, 5 

U.S.C. 801 et seq., as added by the Small 

Business Regulatory Enforcement 

Fairness Act of 1996, generally provides 

that before a rule may take effect, the 

agency promulgating the rule must 

submit a rule report, which includes a 

copy of the rule, to each House of the 

Congress and to the Comptroller General 

of the United States. EPA will submit a 

report containing this action and other 

required information to the U.S. Senate, 

the U.S. House of Representatives, and 

the Comptroller General of the United 

States prior to publication of the rule in 

the Federal Register. A major rule 

cannot take effect until 60 days after it 

is published in the Federal Register. 

This action is not a ‘‘major rule’’ as 

defined by 5 U.S.C. 804(2). 

Under section 307(b)(1) of the Clean 

Air Act, petitions for judicial review of 

this action must be filed in the United 

States Court of Appeals for the 

appropriate circuit by September 2, 

2008. Filing a petition for 

reconsideration by the Administrator of 

this final rule does not affect the finality 

of this action for the purposes of judicial 

review nor does it extend the time 

within which a petition for judicial 

review may be filed, and shall not 

postpone the effectiveness of such rule 

or action. This action may not be 

challenged later in proceedings to 

enforce its requirements (see section 

307(b)(2)). 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Intergovernmental relations, 

Nitrogen dioxide, Ozone, Reporting and 

recordkeeping requirements. 

Dated: April 22, 2008. 

Laura Yoshii, 

Acting Regional Administrator, Region IX. 

■ Part 52, chapter I, title 40 of the Code 

of Federal Regulations is amended as 

follows: 

PART 52—[AMENDED] 

■ 1. The authority citation for part 52 

continues to read as follows: 

Authority: 42 U.S.C. 7401 et seq. 

Subpart F—California 

■ 2. Section 52.220 is amended by 

adding paragraph (c)(354) to read as 

follows: 

§ 52.220 Identification of plan. 

* * * * * 

(c) * * * 

(354) New and amended regulations 

for the following APCDs were submitted 

on March 7, 2008, by the Governor’s 

designee. 

(i) Incorporation by reference. 

(A) South Coast Air Quality 

Management District. 

(1) Rule 2004, ‘‘Requirements’’

adopted on October 15, 1993 and 

amended on April 6, 2007. 

(2) Rule 2007, ‘‘Trading 

Requirements’’ adopted on October 15, 

1993 and amended April 6, 2007. 

(3) Rule 2010, ‘‘Administrative 

Remedies and Sanctions’’ adopted on 

October 15, 1993 and amended on April 

6, 2007. 

[FR Doc. E8–14884 Filed 7–2–08; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 52 and 81 

[EPA–R09–OAR–2007–0561; FRL–8555–1] 

Approval and Promulgation of 

Implementation Plans and Designation 

of Areas for Air Quality Planning 

Purposes; Nevada; Wintertime 

Oxygenated Gasoline Rule; Vehicle 

Inspection and Maintenance Program; 

Redesignation of Truckee Meadows to 

Attainment for the Carbon Monoxide 

Standard 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: EPA is approving certain 

submittals by the State of Nevada of 

revisions to the Nevada state 

implementation plan that are intended 

to provide for attainment and 

maintenance of the carbon monoxide 

national ambient air quality standard in 

the Truckee Meadows nonattainment 

area located within Washoe County, 

Nevada. These revisions include a local 

wintertime oxygenated gasoline rule, a 

‘‘basic’’ vehicle inspection and 

maintenance program (including a 

performance standard evaluation), 

current statutory provisions and State 

rules governing mobile sources, a 

maintenance plan and related motor 

vehicle emissions budgets. EPA is also 

approving Nevada’s request to 

redesignate the Truckee Meadows 

carbon monoxide nonattainment area to 

attainment. EPA is deferring action on 

the proposal to rescind a provision 

previously approved in the plan and 

related to inspection and maintenance 

of vehicles operated on Federal 

installations. EPA is taking these actions 

pursuant to those provisions of the 


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Federal Register / Vol. 73, No. 129 / Thursday, July 3, 2008 / Rules and Regulations 38125 

1The statutory provisions and rules submitted by 

NDEP on May 11, 2007 represent a comprehensive 

update to the regulatory portion of the State’s 

mobile source SIP (excluding the rules establishing 

fuels specifications, alternative fuels programs for 

government vehicles, and local rules related to 

mobile sources), including the regulatory portion of 

the State’s Truckee Meadows I/M SIP, which was 

last approved in 1984 (49 FR 44208, November 5, 

1984), and the regulatory portion of the State’s Las 

Vegas Valley I/M SIP, which was last approved in 

2004 (69 FR 56351, September 21, 2004). The 

current submitted versions of the I/M-related 

statutory provisions and rules are not significantly 

different than the corresponding versions of the 

statutory provisions and rules approved in 2004 for 

the State’s Las Vegas I/M program, and are 

consistent with the underlying assumptions used to 

develop the Las Vegas Valley 2005 CO Plan, which 

was approved by EPA on August 7, 2006 (71 FR 

44587). 

Clean Air Act that obligate the Agency 

to take action on submittals of revisions 

to state implementation plans and 

requests for redesignation. This action 

makes certain State and local measures 

and commitments related to attainment 

and maintenance of the carbon 

monoxide standard in Truckee 

Meadows federally enforceable as part 

of the Nevada state implementation 

plan. 

DATES: Effective Date: This rule is 

effective on August 4, 2008. 

ADDRESSES: EPA has established docket 

number EPA–R09–OAR–2007–0561 for 

this action. The index to the docket is 

available electronically at http:// 

www.regulations.gov and in hard copy 

at EPA Region IX, 75 Hawthorne Street, 

San Francisco, California. While all 

documents in the docket are listed in 

the index, some information may be 

publicly available only at the hard copy 

location (e.g., copyrighted material), and 

some may not be publicly available in 

either location (e.g., CBI). To inspect the 

hard copy materials, please schedule an 

appointment during normal business 

hours with the contact listed in the FOR

FURTHER INFORMATION CONTACT section. 

FOR FURTHER INFORMATION CONTACT: 

Eleanor Kaplan, EPA Region IX, (415) 

947–4147, kaplan.eleanor@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document, the terms 

‘‘we,’’ ‘‘us,’’ and ‘‘our’’ refer to EPA. 

This supplementary information is 

organized as follows: 

Table of Contents 

I. Proposed Action 

II. Public Comments 

III. EPA Action 

IV. Statutory and Executive Order Reviews 

I. Proposed Action 

On January 7, 2008 (73 FR 1175), 

under section 110(k)(3) of the Clean Air 

Act, as amended in 1990 (CAA or 

‘‘Act’’), EPA proposed to approve 

certain submittals of revisions to the 

Nevada state implementation plan (SIP) 

by the Nevada Division of 

Environmental Protection (NDEP). 

These revisions are intended to provide 

for attainment and maintenance of the 

carbon monoxide (CO) national ambient 

air quality standards (NAAQS) in the 

Truckee Meadows nonattainment area 

located within Washoe County, Nevada. 

The specific SIP revision submittals that 

we proposed to approve are listed in the 

following table: 

Plan, plan element or rule Adoption date(s) State of Nevada submittal date(s) 

Washoe County District Board of Health Regulations Governing Air Quality Management, 

section 040.095 (‘‘Oxygen content of motor 

vehicle fuel’’).

Originally adopted on Dec. 21, 1988 and 

amended on Apr. 18, 1990; amended on 

Sept. 23, 1992; amended on Sept. 22, 2005.

Submitted on Apr. 14, 1991; re-submitted as 

amended on Nov. 13, 1992; re-submitted 

as amended on Nov. 4, 2005. 

State Implementation Plan for a Basic Program 

for the Inspection and Maintenance of Motor 

Vehicles for the Truckee Meadows Planning 

Area, Nevada (June 1994).

Regulations adopted at various times by the 

State Environmental Commission and Department of Motor Vehicles but superseded 

by SIP revision submittal dated May 11, 

2007, as listed below.

June 3, 1994. 

Basic I/M Performance Standard Evaluation ..... Sept. 28, 2006 ................................................. Nov. 2, 2006. 

Nevada Mobile Source SIP, Update of the Regulatory Element (May 11, 2007).Regulations adopted at various times by State 

Environmental Commission and Department 

of Motor Vehicles.

May 11, 2007. 

Redesignation Request and Maintenance Plan 

for the Truckee Meadows Carbon Monoxide 

Non-Attainment Area (September 2005).

Sept. 22, 2005 ................................................. Nov. 4, 2005. 

Specifically, we proposed to approve 

NDEP’s SIP revision submittal dated 

November 4, 2005 of the wintertime 

oxygenated gasoline rule as amended on 

September 22, 2005 by the Washoe 

County District Board of Health 

(‘‘District’’) and codified as District 

Regulations Governing Air Quality 

Management section 040.095 (‘‘District 

rule 040.095’’). In our proposed rule, we 

found that District rule 040.095 fulfills 

the requirements of section 211(m) of 

the Act and applicable EPA regulations. 

We also proposed to approve the SIP 

revision submittal dated June 3, 1994 of 

the State Implementation Plan for a 

Basic Program for the Inspection and 

Maintenance of Motor Vehicles for the 

Truckee Meadows Planning Area, 

Nevada (June 1994) (‘‘Basic I/M SIP’’). 

In connection with the basic vehicle 

inspection and maintenance (I/M) 

program in Truckee Meadows, we 

proposed to approve two subsequent 

SIP revision submittals: a ‘‘basic’’ I/M 

performance standard evaluation 

(‘‘Basic I/M Performance Standard 

Evaluation’’) submitted on November 2, 

2006 and the Nevada Mobile Source 

SIP, Update of the Regulatory Element 

(May 11, 2007) (‘‘Mobile Source SIP 

Update’’) submitted on May 11, 2007. 

Among other items, NDEP’s Mobile 

Source SIP Update contains current I/Mrelated statutory provisions, regulations, 

and updated exhaust gas analyzer 

specifications.1 Based on our review of 

the various elements of the program, we 

proposed to approve the basic I/M 

program for Truckee Meadows as 

meeting the requirements of CAA 

section 187(a)(4) and our implementing 

regulations, including the ‘‘basic’’

performance standard that applies to 

‘‘moderate’’ CO nonattainment areas 

with design values less than 12.7 ppm 

(such as Truckee Meadows). 

In connection with our proposed 

approval of the State’s Basic I/M SIP, as 

supplemented and amended in 

submittals dated November 2, 2006 and 

May 11, 2007, we proposed no action on 

submitted rule Nevada Administrative 

Code (NAC) subsection 445B.595(2) 

(‘‘NAC 445B.595(2)’’), which relates to 

State I/M requirements for motor 

vehicles operated on Federal 


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38126 Federal Register / Vol. 73, No. 129 / Thursday, July 3, 2008 / Rules and Regulations 

2The Truckee Meadows CO Maintenance Plan 

relies upon three principal State or local control 

measures: The District’s wintertime oxygenated 

gasoline rule, the State’s vehicle inspection and 

maintenance (I/M) program, and the District’s 

residential wood combustion rule. We proposed to 

approve the first and second of the three measures 

in our January 7, 2008 proposed rule. We approved 

the third measure (the residential wood combustion 

rule) in a separate document in 2007. See 72 FR 

33397 (June 18, 2007). In our proposed rule, we 

indicated that we would not finalize the 

redesignation until we take final action approving 

the oxygenated gasoline rule and the I/M program. 

In today’s action, we are finalizing approvals of 

both the oxygenated gasoline rule and the I/M 

program, thereby fulfilling a prerequisite to the final 

redesignation action which we are also taking 

today. Also, for reasons set forth in the proposed 

rule, we find that we need not fully approve either 

the County’s nonattainment new source review 

rules or the County’s transportation conformity 

rules as a pre-condition to redesignation of Truckee 

Meadows to attainment for the CO NAAQS. 

installations located within I/M areas, 

because of sovereign immunity 

concerns. Furthermore, we proposed, 

under CAA section 110(k)(6), to rescind 

our previous approval of NAC 

445B.595(2) into the Nevada SIP in 2004 

because we believed that we had 

approved it in error, also on the grounds 

of sovereign immunity. For the reasons 

given below in response to NDEP’s 

comments on our proposal, we are 

separating our actions on NAC 

445B.595(2) (i.e., both the proposed ‘‘no 

action’’ on the submitted rule (and 

current codification of) NAC 

445B.595(2) and the proposed 

correction) from the rest of the actions 

proposed on January 7, 2008 and intend 

to re-propose action on NAC 

445B.595(2) in a future Federal Register 

document. 

In our January 7, 2008 proposed rule, 

we proposed to approve NDEP’s SIP 

revision submittal (dated November 4, 

2005) of the Redesignation Request and 

Maintenance Plan for the Truckee 

Meadows Carbon Monoxide NonAttainment Area (September 2005) 

(‘‘Truckee Meadows CO Maintenance 

Plan’’), adopted by the District on 

September 22, 2005. In connection with 

our proposed approval of the Truckee 

Meadows CO Maintenance Plan, we 

proposed to approve certain 

commitments by the District, 

contingency provisions, and CO motor 

vehicle emissions budgets for years 

2010 and 2016 for the purposes of 

transportation conformity. In so doing, 

we found that the Truckee Meadows CO 

Maintenance Plan meets the 

requirements for maintenance plans 

under section 175A of the Act. 

Lastly, based on our evaluation of the 

various SIP requirements and submittals 

discussed above, we concluded that, 

upon our final approval of the SIP 

submittals evaluated in the proposed 

rule, the State will have met all section 

110 and part D requirements that apply 

to the Truckee Meadows moderate CO 

nonattainment area and thereby 

satisfied the criteria for redesignation 

under CAA section 107(d)(3)(E) and 

proposed to approve the State’s request 

(dated November 4, 2005) for 

redesignation of Truckee Meadows to 

attainment accordingly.2

Please see the proposed rule for 

additional information on the various 

SIP revision submittals and the 

redesignation request and on our 

corresponding evaluation and rationale 

for proposed action. 

II. Public Comments 

EPA’s January 7, 2008 proposed rule 

provided a 30-day public comment 

period. Comments were received from 

the Air Quality Management Division 

(AQMD) of the Washoe County District 

Health Department, the Nevada Division 

of Environmental Protection (NDEP), 

and the Western States Petroleum 

Association (WSPA). Responses to the 

comments from each entity are provided 

below. 

Comment #1: By letter dated January 

23, 2008, AQMD notes that, since 

adoption of the maintenance plan, EPA 

has reorganized the rules in 40 CFR part 

58 and relocated the requirements for 

annual assessments of monitoring 

networks from 40 CFR 58.20(d) to 58.10, 

and that the maintenance plan refers in 

two places to the former rather than the 

latter. 

Response #1: AQMD is correct. EPA 

has relocated the requirements for 

annual assessments of monitoring 

networks from 40 CFR 58.20 to 58.10. 

We encourage AQMD to include the 

updated regulatory reference in any 

subsequent maintenance plan for the 

area. 

Comment #2: By letter dated January 

30, 2008, NDEP requests a 30-day 

extension of the comment period to 

assess the implications of EPA’s 

proposed rescission, under CAA section 

110(k)(6) error correction authority, of a 

previously approved provision related 

to inspection and maintenance (I/M) of 

vehicles operated on Federal 

installations (i.e., NAC 445B.595(2)). By 

letter dated January 31, 2008, NDEP 

withdraws its request for an extension 

of the public comment period with 

respect to all aspects of EPA’s January 

7, 2008 proposal except for the 

proposed rescission action (related to I/ 

M for vehicles operated on Federal 

installations) and requests instead that 

EPA act separately on the rescission 

aspect of the proposal. By e-mail dated 

February 1, 2008 and then by letter 

dated February 4, 2008, NDEP restates 

its amended request from January 31, 

2008 but specifically conditions 

withdrawal of the extension request 

upon EPA’s removal of the proposed 

CAA section 110(k)(6) action to rescind 

NAC 445B.595(2) from the rest of the 

January 7, 2008 proposed action. 

Response #2: NDEP’s initial letter 

dated January 30, 2008 led to EPA’s 

reconsideration of the basis for EPA’s 

proposed rescission of NAC 445B.595(2) 

and related ‘‘no action’’ proposal for the 

2007 codification of the subject rule. On 

the basis of that reconsideration, EPA 

intends to re-propose action on NAC 

445B.595(2) in a separate Federal 

Register document but to otherwise 

finalize the January 7, 2008 action as 

proposed. 

Comment #3: By letter submitted on 

February 6, 2008, WSPA supports the 

redesignation of the Truckee Meadows 

nonattainment area as an attainment 

area for CO, but objects to the inclusion 

of the Washoe County wintertime 

oxygenated gasoline requirement in the 

Truckee Meadows CO maintenance 

plan. WSPA cites the results of a 2005 

study commissioned by WSPA (and 

submitted with the comment letter), and 

more recent study results, as support for 

the proposition that elimination of the 

oxygenated fuel requirements in 

Washoe County would have little 

impact on ambient CO concentrations in 

2006 and beyond and would not 

threaten compliance with the CO 

NAAQS particularly given the low 

ambient CO concentrations measured in 

Washoe County in recent years and 

declining trend in CO emissions. WSPA 

concludes that the oxygenated gasoline 

program has outlived its usefulness. In 

WSPA’s view, continuation of the 

Washoe County wintertime oxygenated 

gasoline requirement places an 

unnecessary logistical burden on 

gasoline suppliers, which could lead to 

adverse supply impacts and possible 

market volatility. WSPA draws further 

support from the experiences in other 

areas in the country that have rescinded 

their oxygenated gasoline programs 

without triggering any CO NAAQS 

violations. Lastly, WSPA requests that 

EPA remove the Washoe County 

wintertime oxygenated gasoline 

requirement as a control measure in the 

Truckee Meadows CO maintenance plan 

for the years 2006 through 2016 but 

registers no objection to the requirement 

being included in the maintenance plan 

as a contingency measure. 

Response #3: The Clean Air Act 

assigns to the states initial and primary 

responsibility for formulating a plan to 

achieve the NAAQS. It is up to the state 

to prepare state implementation plans 


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Federal Register / Vol. 73, No. 129 / Thursday, July 3, 2008 / Rules and Regulations 38127 

3Our approval of the May 11, 2007 SIP revision 

submittal updates and supersedes the statutory and 

regulatory portion of Nevada’s mobile source SIP 

(excluding the rules establishing fuels 

specifications, alternative fuels programs for 

government vehicles, and any local rules related to 

mobile sources) and updates the exhaust gas 

analyzer specifications as approved in 2004 for the 

State’s I/M program in Las Vegas and Boulder City. 

Superseded provisions include the State’s Truckee 

Meadows I/M SIP, which was last approved in 1984 

(49 FR 44208, November 5, 1984), and the 

regulatory portion of the State’s Las Vegas Valley 

I/M SIP, which was last approved in 2004 (69 FR 

56351, September 21, 2004), with the exception of 

NAC 445B.595(2) which is being retained in the 

Nevada SIP at this time. 

which contain specific pollution control 

measures. EPA’s responsibilities under 

the CAA are qualitatively different from 

those of the state agency. The EPA is 

charged with reviewing and approving 

or disapproving the enforceable 

implementation plans prepared by 

states and other political subdivisions 

identified in the statute. It is not EPA’s 

role to disapprove the State choice of 

control strategies if that strategy will 

result in attainment or continued 

maintenance of the NAAQS, and meets 

all other applicable statutory 

requirements. See Union Electric Co. v. 

EPA, 427 U.S. 246 (1976); Train v. 

NRDC, 421 U.S. 60 (1975). EPA’s role in 

reviewing SIP submissions is to approve 

state choices, provided that they meet 

the criteria of the Clean Air Act. Federal 

inquiry into the reasonableness of state 

action is not allowed under the Act (see 

Union Electric Co. v. EPA, 427 U.S. 246, 

255–266 (1976); CAA section 110(a)(2)). 

Under section 116 of the CAA, with 

certain exceptions not relevant here, a 

State retains the right to adopt and 

enforce any requirement respecting 

control or abatement of air pollution, 

including more stringent emissions 

standards and limitations. 

For the reasons set forth in the 

proposed rule (see 73 FR 1175, at 1178–

1179), we find that the District’s 

wintertime gasoline oxygen content 

requirements (i.e., District Rule 040.095) 

meet applicable CAA criteria, including 

public notice and hearing prior to 

adoption and submittal, as well as the 

substantive criteria of section 211(m) 

and meet applicable EPA regulations. 

WSPA does not object to our finding 

that the District’s requirements meet 

applicable CAA criteria and applicable 

EPA regulations, but rather WSPA 

contends that the rule is no longer 

needed for maintenance of the CO 

NAAQS in Truckee Meadows. However, 

for the reasons set forth above, we do 

not have the authority to disapprove the 

District’s choice (endorsed by the 

applicable State agency, NDEP) to 

include the wintertime oxygenated 

gasoline requirement as part of their CO 

maintenance strategy on such grounds. 

If NDEP and the District choose to revise 

the SIP to suspend implementation of 

the wintertime oxygenated gasoline 

requirement and to adopt the 

requirement as a contingency measure, 

they may do so with a demonstration 

that the area would continue to 

maintain the CO NAAQS without the 

benefit of the related emissions 

reductions, subject to compliance with 

CAA procedural requirements and 

subject to EPA approval. 

III. EPA Action 

As authorized under section 110(k) of 

the Act, and for the reasons summarized 

in section I of this document and, in 

greater detail, in our proposed rule, EPA 

is approving certain submittals by NDEP 

of revisions to the Nevada SIP that are 

required to provide for attainment of the 

CO NAAQS in the Truckee Meadows 

‘‘moderate’’ CO nonattainment area and 

is approving a maintenance plan under 

section 175A of the Act. EPA is also 

approving, under section 107(d)(3) of 

the Act, NDEP’s request to redesignate 

Truckee Meadows to attainment for the 

CO NAAQS. Our specific approvals are 

as follows: 

First, we are approving the local 

oxygenated gasoline regulation, District 

Rule 040.095, as amended on September 

22, 2005) as fulfilling the requirements 

of section 211(m) of the CAA. 

Second, we are approving the State of 

Nevada’s SIP revisions containing the 

‘‘basic’’ vehicle I/M program for Truckee 

Meadows because we find that the 

program meets all applicable 

requirements under CAA section 

187(a)(4) and EPA regulations. 

Specifically, we are approving three I/ 

M-related SIP revisions submitted by 

NDEP: 

(i) State Implementation Plan for a 

Basic Program for the Inspection and 

Maintenance of Motor Vehicles for the 

Truckee Meadows Planning Area, 

Nevada (June 1994), submitted on June 

3, 1994, excluding the following 

outdated or superseded elements 

included in the June 3, 1994 SIP 

revision: The statutory provisions and 

rules, the exhaust gas analyzer 

specifications, MOBILE5.0a emissions 

modeling, and a contingency measure 

adopted by the Washoe County District 

Board of Health; 

(ii) Basic I/M Performance Standard 

Evaluation for motor vehicles in the 

Truckee Meadows planning area, 

submitted on November 2, 2006; and 

(iii) Current Nevada mobile source 

statutory and regulatory provisions and 

rules, including those related to I/M, 

and updated exhaust gas analyzer 

(NV2000) specifications, submitted by 

NDEP on May 11, 2007.3 The current 

Nevada mobile source statutory 

provisions and regulations, including 

those related to I/M, that we are 

approving are as follows: 

• Nevada Revised Statutes (2005), 

chapter 365: section 365.060; chapter 

366, section 366.060; chapter 445B, 

sections 445B.210, 445B.700–845 

(excluding NRS 445B.776, 445B.777, 

and 445B.778); chapter 481, sections 

481.019–481.087; chapter 482, sections 

482.029, 482.155–482.290, 482.385, 

482.461, and 482.565; and chapter 484, 

sections 484.101, 484.644 and 484.6441; 

• Nevada Administrative Code, 

chapter 445B (January 2007 revision by 

the Legislative Counsel Bureau), 

sections 445B.400 to 445B.735, 

excluding subsection (2) of section 

445B.595. 

Third, we are approving the 

Redesignation Request and 

Maintenance Plan for the Truckee 

Meadows Carbon Monoxide NonAttainment Area (September 2005) 

(‘‘Truckee Meadows CO Maintenance 

Plan’’), adopted by the Washoe County 

District Board of Health on September 

22, 2005, and submitted by NDEP to 

EPA on November 4, 2005, as meeting 

the requirements of CAA section 175A. 

In connection with our approval of 

the Truckee Meadows CO Maintenance 

Plan, we find the following plan 

elements to be acceptable: 

• Baseline (2002) emissions inventory 

and future year (2010 and 2016) 

inventory projections; 

• Commitment to continue operating 

an appropriate ambient CO monitoring 

network; 

• Commitment to verify continued 

attainment through ambient monitoring 

and the preparation and submittal of 

periodic inventory updates and surveys 

of residential woodburning; 

• Contingency provisions that 

establish a two-tier approach with 

specific triggering events and regulatory 

responses: The first involving a 

lowering of the stage 1 (alert) episode 

level (tier 1) by the next CO season and 

the second involving a recommendation 

and timetable for action by the Washoe 

County District Board of Health or the 

State Environmental Commission to 

tighten certain requirements, potentially 

including a higher wintertime gasoline 

oxygen content or higher waiver 

amounts in the State’s vehicle I/M 

program, to promptly correct any 

violation of the CO NAAQS after 

redesignation; 

• Commitment to prepare and submit 

a subsequent CO maintenance plan for 


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38128 Federal Register / Vol. 73, No. 129 / Thursday, July 3, 2008 / Rules and Regulations 

4With respect to this criterion, we find that we 

need not fully approve either the District’s 

nonattainment new source review rules or 

conformity rules as a pre-condition to redesignation 

of Truckee Meadows to attainment for the CO 

NAAQS. 

the Truckee Meadows area 8 years after 

redesignation; and 

• CO motor vehicle emissions 

budgets (in terms of pounds per typical 

CO season day) of 330,678 pounds per 

typical CO season day in year 2010 and 

321,319 pounds per typical CO season 

day in year 2016. 

Fourth, under section 107(d)(3), we 

are approving NDEP’s request (dated 

November 4, 2005) to redesignate the 

Truckee Meadows CO nonattainment 

area to attainment. In so doing, we find 

that: 

• The Truckee Meadows 

nonattainment area has attained the CO 

NAAQS; 

• EPA has fully approved the 

applicable SIP for this area under 

section 110(k) of the CAA; 

• The improvement in ambient CO 

conditions in Truckee Meadows is due 

to permanent and enforceable 

reductions in emissions resulting from 

implementation of the applicable SIP 

and applicable Federal air pollutant 

control regulations and other permanent 

and enforceable reductions; 

• The State has met all requirements 

applicable to Truckee Meadows under 

section 110 and part D (of title I) of the 

CAA; 4 and 

• As described above, we are 

approving the Truckee Meadows CO 

Maintenance Plan as meeting the 

requirements of CAA section 175A. 

IV. Statutory and Executive Order 

Reviews 

Under Executive Order 12866 (58 FR 

51735, October 4, 1993), this action is 

not a ‘‘significant regulatory action’’ and 

therefore is not subject to review by the 

Office of Management and Budget. For 

this reason, this action is also not 

subject to Executive Order 13211, 

‘‘Actions Concerning Regulations That 

Significantly Affect Energy Supply, 

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

22, 2001). This action merely approves 

state law as meeting Federal 

requirements and imposes no additional 

requirements. Accordingly, the 

Administrator certifies that this rule 

will not have a significant economic 

impact on a substantial number of small 

entities under the Regulatory Flexibility 

Act (5 U.S.C. 601 et seq.). Because this 

rule approves pre-existing requirements 

under state law and does not impose 

any additional enforceable duty, it does 

not contain any unfunded mandate or 

significantly or uniquely affects small 

governments, as described in the 

Unfunded Mandates Reform Act of 1995 

(Pub. L. 104–4). 

This rule also does not have tribal 

implications because it will not have a 

substantial direct effect on one or more 

Indian tribes, on the relationship 

between the Federal Government and 

Indian tribes, or on the distribution of 

power and responsibilities between the 

Federal Government and Indian tribes, 

as specified by Executive Order 13175 

(65 FR 67249, November 9, 2000). This 

action also does not have Federalism 

implications because it does not have 

substantial direct effects on the States, 

on the relationship between the national 

government and the States, or on the 

distribution of power and 

responsibilities among the various 

levels of government, as specified in 

Executive Order 13132 (64 FR 43255, 

August 10, 1999). This action merely 

approves state law implementing a 

Federal standard, and does not alter the 

relationship or the distribution of power 

and responsibilities established in the 

Clean Air Act. This rule also is not 

subject to Executive Order 13045 

‘‘Protection of Children from 

Environmental Health Risks and Safety 

Risks’’ (62 FR 19885, April 23, 1997), 

because it is not economically 

significant. 

In reviewing SIP submissions, EPA’s 

role is to approve state choices, 

provided that they meet the criteria of 

the Clean Air Act. In this context, in the 

absence of a prior existing requirement 

for the State to use voluntary consensus 

standards (VCS), EPA has no authority 

to disapprove a SIP submission for 

failure to use VCS. It would thus be 

inconsistent with applicable law for 

EPA, when it reviews a SIP submission, 

to use VCS in place of a SIP submission 

that otherwise satisfies the provisions of 

the Clean Air Act. Thus, the 

requirements of section 12(d) of the 

National Technology Transfer and 

Advancement Act of 1995 (15 U.S.C. 

272 note) do not apply. This rule does 

not impose an information collection 

burden under the provisions of the 

Paperwork Reduction Act of 1995 (44 

U.S.C. 3501 et seq.). 

The Congressional Review Act, 5 

U.S.C. 801 et seq., as added by the Small 

Business Regulatory Enforcement 

Fairness Act of 1996, generally provides 

that before a rule may take effect, the 

agency promulgating the rule must 

submit a rule report, which includes a 

copy of the rule, to each House of the 

Congress and to the Comptroller General 

of the United States. EPA will submit a 

report containing this rule and other 

required information to the U.S. Senate, 

the U.S. House of Representatives, and 

the Comptroller General of the United 

States prior to publication of the rule in 

the Federal Register. A major rule 

cannot take effect until 60 days after it 

is published in the Federal Register. 

This action is not a ‘‘major rule’’ as 

defined by 5 U.S.C. section 804(2). 

Under section 307(b)(1) of the Clean 

Air Act, petitions for judicial review of 

this action must be filed in the United 

States Court of Appeals for the 

appropriate circuit by September 2, 

2008. Filing a petition for 

reconsideration by the Administrator of 

this final rule does not affect the finality 

of this rule for the purposes of judicial 

review nor does it extend the time 

within which a petition for judicial 

review may be filed, and shall not 

postpone the effectiveness of such rule 

or action. This action may not be 

challenged later in proceedings to 

enforce its requirements. (See section 

307(b)(2).) 

List of Subjects 

40 CFR Part 52 

Environmental protection, Air 

pollution control, Carbon monoxide, 

Incorporation by reference, 

Intergovernmental relations, Reporting 

and recordkeeping requirements. 

40 CFR Part 81 

Environmental protection, Air 

pollution control, National parks, 

Wilderness areas. 

Dated: April 2, 2008. 

Jane Diamond, 

Acting Regional Administrator, Region IX. 

■ Chapter I, title 40 of the Code of 

Federal Regulations is amended as 

follows: 

PART 52—[AMENDED] 

■ 1. The authority citation for part 52 

continues to read as follows: 

Authority: 42 U.S.C. 7401 et seq. 

Subpart DD—Nevada 

■ 2. Section 52.1470 is amended by 

adding paragraphs (c)(68), (c)(69), 

(c)(70) and (c)(71) to read as follows: 

§ 52.1470 Identification of plan. 

* * * * * 

(c) * * * 

(68) The following plan revision was 

submitted on June 3, 1994 by the 

Governor’s designee. 

(i) Incorporation by reference. 

(A) Nevada Division of Environmental 

Protection. 

(1) State Implementation Plan for a 

Basic Program for the Inspection and 

Maintenance of Motor Vehicles for the 


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Truckee Meadows Planning Area, 

Nevada (June 1994), including the cover 

page through page 9. 

(ii) Additional material. 

(A) Nevada Division of Environmental 

Protection. 

(1) State Implementation Plan for a 

Basic Program for the Inspection and 

Maintenance of Motor Vehicles for the 

Truckee Meadows Planning Area, 

Nevada (June 1994), appendix 1, 

appendix 2 (only the certificate of 

compliance and Nevada attorney 

general’s opinion), and appendices 3, 6, 

8, and 10. 

(69) The following plan revision was 

submitted on November 4, 2005 by the 

Governor’s designee. 

(i) Incorporation by reference. 

(A) Washoe County District Health 

Department. 

(1) Rule 040.095, ‘‘Oxygen content of 

motor vehicle fuel,’’ revised on 

September 22, 2005. 

(i) Washoe County District Board of 

Health Meeting, September 22, 2005, 

Public Hearing—Amendments—Washoe 

County District Board of Health 

Regulations Governing Air Quality 

Management; to Wit: Rule 040.095 

(Oxygen Content of Motor Vehicle Fuel). 

(2) Redesignation Request and 

Maintenance Plan for the Truckee 

Meadows Carbon Monoxide NonAttainment Area (September 2005), 

excluding appendices B, C, and D. 

(70) The following plan revision was 

submitted on November 2, 2006 by the 

Governor’s designee. 

(i) Incorporation by reference. 

(A) Washoe County District Health 

Department. 

(1) Basic I/M Performance Standard, 

excluding appendices A through D. 

(i) Washoe County District Board of 

Health Meeting, September 28, 2006, 

Public Hearing—State Implementation 

Plan (SIP)—‘‘Basic Program—Inspection 

and Maintenance (I/M) of Motor 

Vehicles—Truckee Meadows Planning 

Area, Nevada;’’ to Wit: Basic Inspection 

and Maintenance (I/M) Performance 

Standard. 

(ii) Additional material. 

(A) Washoe County District Health 

Department. 

(1) Basic I/M Performance Standard, 

appendices A through D. 

(71) The following plan revision was 

submitted on May 11, 2007 by the 

Governor’s designee. 

(i) Incorporation by reference. 

(A) Nevada Division of Environmental 

Protection. 

(1) New or amended statutes related 

to mobile sources, including Nevada’s 

vehicle inspection and maintenance 

program in Las Vegas Valley/Boulder 

City and Truckee Meadows: Nevada 

Revised Statutes (2005), chapter 365, 

section 365.060, ‘‘Motor vehicle fuel 

defined;’’ chapter 366, section 366.060, 

‘‘Special fuel defined;’’ chapter 445B, 

sections 445B.210, ‘‘Powers of 

Commission,’’ 445B.700, ‘‘Definitions,’’

445B.705, ‘‘Approved inspector 

defined,’’ 445B.710, ‘‘Authorized 

inspection station defined,’’ 445B.715, 

‘‘Authorized maintenance station 

defined,’’ 445B.720, ‘‘Authorized station 

defined,’’ 445B.725, ‘‘Commission 

defined,’’ 445B.730, ‘‘Evidence of 

compliance defined,’’ 445B.735, ‘‘Fleet 

station defined,’’ 445B.737, ‘‘Heavyduty motor vehicle defined,’’ 445B.740, 

‘‘Light-duty motor vehicle defined,’’

445B.745, ‘‘Motor vehicle defined,’’

445B.747, ‘‘Motor vehicle fuel defined,’’

445B.750, ‘‘Passenger car defined,’’

445B.755, ‘‘Pollution control device 

defined,’’ 445B.757, ‘‘Special fuel 

defined,’’ 445B.758, ‘‘Used motor 

vehicle defined,’’ 445B.759, 

‘‘Inapplicability to military tactical 

vehicles,’’ 445B.760, ‘‘Authority of 

Commission to prescribe standards for 

emissions from mobile internal 

combustion engines; trimobiles; 

standards pertaining to motor vehicles 

to be approved by Department of Motor 

Vehicles,’’ 445B.765, ‘‘Information 

concerning program for control of 

emissions from motor vehicles: 

Collection, interpretation and 

correlation; public inspection,’’

445B.770, ‘‘Regulations of Commission: 

Control of emissions from motor 

vehicles; program for inspection and 

testing of motor vehicles,’’ 445B.775, 

‘‘Regulations of Commission: 

Requirements for licensing of stations 

by Department of Motor Vehicles,’’

445B.780, ‘‘Program for regulation of 

emissions from heavy-duty motor 

vehicles; equipment used to measure 

emissions; waiver from requirements of 

program,’’ 445B.785, ‘‘Regulations of 

Department of Motor Vehicles: 

Licensing of stations; performance of 

inspection and issuance of evidence of 

compliance; diagnostic equipment; fee, 

bond or insurance; informational 

pamphlet; distribution,’’ 445B.790, 

‘‘Regulations concerning inspection of 

stations; grounds for denial, suspension 

or revocation of license of inspector or 

station,’’ 445B.795, ‘‘Compulsory 

program for control of emissions: 

Limitations,’’ 445B.798, ‘‘Authority of 

Department of Motor Vehicles, in larger 

counties, to conduct test of emissions 

from motor vehicle being operated on 

highway,’’ 445B.800, ‘‘Evidence of 

compliance: Requirements for 

registration, sale or long-term lease of 

used vehicles in certain counties,’’

445B.805, ‘‘Evidence of compliance: 

Exemptions from requirements,’’

445B.810, ‘‘State Department of 

Conservation and Natural Resources to 

provide assistance,’’ 445B.815, 

‘‘Evidence of compliance: Duty of 

employees and agents of Department of 

Motor Vehicles; submission by owner or 

lessee of fleet,’’ 445B.820, ‘‘Installation 

and inspection of pollution control 

device,’’ 445B.825, ‘‘Exemption of 

certain classes of motor vehicles; waiver 

from provisions of NRS 445B.770 to 

445B.815, inclusive,’’ 445B.830, ‘‘Fees 

to be paid to Department of Motor 

Vehicles; Pollution Control Account; 

expenditure of money in Account; 

quarterly distributions to local 

governments; annual reports by local 

governments; grants; creation and duties 

of advisory committee; submission and 

approval of proposed grants,’’ 445B.832, 

‘‘Surcharge for electronic transmission 

of information: Authority to impose; 

inclusion as separate entry on form 

certifying emission control compliance; 

definition,’’ 445B.834, ‘‘Additional fee 

for form certifying emission control 

compliance: Retention of portion of fee 

by station performing inspection; 

definition,’’ 445B.835, ‘‘Administrative 

fine; hearing; additional remedies to 

compel compliance,’’ 445B.840, 

‘‘Unlawful acts,’’ and 445B.845, 

‘‘Criminal penalty; enforcement of 

provisions by peace officer; mitigation 

of offense;’’ chapter 481, sections 

481.019, ‘‘Creation; powers and duties,’’

481.023, ‘‘Administration of laws by 

Department; exceptions,’’ 481.027, 

‘‘General functions of Department of 

Motor Vehicles and Department of 

Transportation respecting state 

highways,’’ 481.031, ‘‘Office of Director 

of Department created,’’ 481.035, 

‘‘Director of Department: Appointment; 

classification; other employment 

prohibited; employment of deputies and 

staff,’’ 481.047, ‘‘Appointment of 

personnel,’’ 481.0473, ‘‘Divisions of 

Department,’’ 481.0475, ‘‘Duties of 

Administrative Services Division,’’

481.048, ‘‘Division of Compliance 

Enforcement: Appointment and duties 

of investigators,’’ 481.0481, ‘‘Section for 

Control of Emissions From Vehicles and 

Enforcement of Matters Related to Use 

of Special Fuel: Creation; appointment 

and duties of investigators, officers and 

technicians,’’ 481.051, ‘‘Powers and 

duties of Director: Generally,’’ 481.0515, 

‘‘Powers and duties of Director: 

References to names of persons in 

documents and records,’’ 481.052, 

‘‘Powers and duties of Director: 

Adoption of definition of ‘seasonal 

resident’ by regulation,’’ 481.0535, 

‘‘Powers and duties of Director: 

Expenditure of appropriations to assist 


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certain entities to purchase and obtain 

evidence; receipt and safekeeping of 

money,’’ 481.055, ‘‘Department to keep 

main office in Carson City; maintenance 

of branch offices,’’ 481.057, ‘‘Offices of 

Department: Extended hours of 

operation,’’ 481.063, ‘‘Collection and 

deposit of fees for publications of 

Department and private use of files and 

records of Department; limitations on 

release and use of files and records; 

regulations,’’ 481.065, ‘‘Acceptance of 

donations for programs for traffic 

safety,’’ 481.079, ‘‘Money collected to be 

deposited in Motor Vehicle Fund; 

exception; dishonored payments; 

adjustment of deposits,’’ 481.081, 

‘‘Arrearage in tax, fee or assessment 

administered by Department: 

Department authorized to file certificate; 

certificate as lien; extension of lien,’’

481.082, ‘‘Arrearage in tax, fee or 

assessment administered by 

Department: Release or subordination of 

lien; certificate issued by Department as 

conclusive evidence,’’ 481.083, ‘‘Money 

for administration of chapter; claims,’’

and 481.087, ‘‘Administrative expenses 

deemed cost of administration of 

operation of motor vehicles on public 

highways;’’ chapter 482, sections 

482.029, ‘‘Electric personal assistive 

mobility device defined,’’ 482.155, 

‘‘Enforcement of provisions of chapter 

by Department, its officers and peace 

officers,’’ 482.160, ‘‘Administrative 

regulations; branch offices; appointment 

of agents and designation of county 

assessor as agent; compensation of 

certain agents,’’ 482.162, ‘‘Department 

to adopt regulations setting forth criteria 

for determination of whether person is 

farmer or rancher; presentation of 

evidence to Department,’’ 482.165, 

‘‘Director to provide forms,’’ 482.170, 

‘‘Records of Department concerning 

registration and licensing,’’ 482.171, 

‘‘List of registered owners to be 

provided for selection of jury; 

reimbursement of Department,’’

482.173, ‘‘Schedule for retention and 

disposition of certain records of 

Department,’’ 482.175, ‘‘Validity of 

registration: Powers and duties of 

Department and registered dealers,’’

482.180, ‘‘Motor Vehicle Fund: 

Creation: deposits; interest and income; 

dishonored payments; distribution of 

money collected for basic governmental 

services tax; transfers,’’ 482.1805, 

‘‘Revolving Account for Issuance of 

Special License Plates: Creation; deposit 

of certain fees; use of money in 

Account; transfer of excess balance to 

State Highway Fund,’’ 482.181, 

‘‘Governmental services taxes: 

Certification of amount collected each 

month; distribution,’’ 482.183, ‘‘Motor 

Vehicle Revolving Account: Creation; 

use; deposits,’’ 482.186, ‘‘Certain 

odometers deemed to register mileage 

reflected on odometer plus 100,000 

miles,’’ 482.187, ‘‘Department 

authorized to enter into written 

agreements for periodic payment of 

delinquent taxes or fees; regulations,’’

482.188, ‘‘Waiver of penalty or interest 

for failure timely to file return or pay 

tax, penalty or fee in certain 

circumstances,’’ 482.205, ‘‘Registration 

required for certain vehicles,’’ 482.206, 

‘‘Periods of registration for motor 

vehicles; exceptions,’’ 482.208, 

‘‘Registration of leased vehicles by longterm lessor or long-term lessee,’’

482.210, ‘‘Exemptions from 

registration,’’ 482.215, ‘‘Application for 

registration,’’ 482.216, ‘‘Department may 

authorize new vehicle dealer to accept 

applications for registration and transfer 

of registration of new motor vehicles 

and to issue certificates of registration; 

duties of dealer; prohibited acts; 

regulations,’’ 482.220, ‘‘Application for 

specially constructed, reconstructed, 

rebuilt or foreign vehicle; certificate of 

inspection; charge for inspection,’’

482.225, ‘‘Collection of sales or use tax 

upon application for registration of 

certain vehicles purchased outside this 

State; payment of all applicable taxes 

and fees required for registration; refund 

of tax erroneously or illegally 

collected,’’ 482.230, ‘‘Grounds requiring 

refusal of registration,’’ 482.235, 

‘‘Registration indexes and records; 

assignment of registration number by 

registered dealer,’’ 482.240, ‘‘Issuance of 

certificates of registration and title by 

Department or registered dealer; period 

of validity of certificate,’’ 482.245, 

‘‘Contents of certificates of registration 

and title,’’ 482.255, ‘‘Placement of 

certificate of registration; surrender 

upon demand of peace officer, justice of 

the peace or deputy of Department; 

limitation on conviction,’’ 482.260, 

‘‘Duties of Department of Motor 

Vehicles and its agents relative to 

registration of vehicle; issuance of 

certificate of title; fees and taxes,’’

482.265, ‘‘License plates issued upon 

registration; stickers, tabs or other 

devices issued upon renewal of 

registration; return of plates; fee for and 

limitations on issuance of special 

license plates,’’ 482.266, ‘‘Manufacture 

of license plates substantially similar to 

license plates issued before January 1, 

1982: Written request; fee; delivery; 

duties of Department; retention of old 

plates authorized if requested plates 

contain same letters and numbers,’’

482.267, ‘‘License plates: Production at 

facility of Department of Corrections,’’

482.268, ‘‘License plates: Additional fee 

for issuance; deposit of fee,’’ 482.270, 

‘‘License plates: General specifications; 

redesign; configuration of special 

license plates designed, prepared and 

issued pursuant to process of direct 

application and petition,’’ 482.2703, 

‘‘License plates: Samples; form; fee; 

penalty,’’ 482.2705, ‘‘License plates: 

Passenger cars and trucks,’’ 482.271, 

‘‘License plates: Decals; fees,’’ 482.2715, 

‘‘License plates: Registrant entitled to 

maintain code if continuously renewed; 

exceptions; issuance of replacement 

plates with same code after expiration of 

registration; fee,’’ 482.2717, ‘‘License 

plates to be issued to automobile 

wreckers and operators of salvage 

pools,’’ 482.272, ‘‘License plates: 

Motorcycles,’’ 482.274, ‘‘License plates: 

Trailers,’’ 482.275, ‘‘License plates: 

Display,’’ 482.280, ‘‘Expiration and 

renewal of registration,’’ 482.2805, 

‘‘Department not to renew registration if 

local authority has filed notice of 

nonpayment pursuant to NRS 484.444; 

fee for service performed by 

Department,’’ 482.2807, ‘‘Requirements 

for registration if local government has 

filed notice of nonpayment pursuant to 

NRS 484.444,’’ 482.281, ‘‘Authority of 

Department of Motor Vehicles to allow 

authorized inspection station or 

authorized station to renew certificates 

of registration; adoption of regulations,’’

482.283, ‘‘Change of name or place of 

residence: Notice to Department 

required; timing and contents of 

notice,’’ 482.285, ‘‘Certificates, decals 

and number plates: Illegibility, loss, 

mutilation or theft; obtaining of 

duplicates or substitutes; fees and 

taxes,’’ 482.290, ‘‘Assignment and 

recording of new number for 

identification of vehicle if old number 

destroyed or obliterated; fee; penalty for 

willful defacement, alteration, 

substitution or removal of number with 

intent to defraud,’’ 482.385, 

‘‘Registration of vehicle of nonresident 

owner not required; exceptions; 

registration of vehicle by person upon 

becoming resident of this State; penalty; 

taxes and fees; surrender or nonresident 

license plates and registration 

certificate; citation for violation,’’

482.461 ‘‘Failure of mandatory test of 

emissions from engines; notification; 

cost of inspection,’’ 482.565, 

‘‘Administrative fines for violations 

other than deceptive trade practices; 

injunction or other appropriate remedy; 

enforcement proceedings;’’ and chapter 

484, sections 484.101, ‘‘Passenger car 

defined,’’ 484.644, ‘‘Device for control 

of pollution: Use required; 

disconnection or alteration prohibited; 

exceptions,’’ and 484.6441, ‘‘Device for 


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control of pollution: Penalty; proof of 

conformity may be required.’’

(2) New or amended rules related to 

mobile sources, including Nevada’s 

vehicle inspection and maintenance 

program in Las Vegas Valley/Boulder 

City and Truckee Meadows: Nevada 

Administrative Code, chapter 445B 

(January 2007 revision by the Legislative 

Counsel Bureau), sections 445B.400, 

‘‘Scope,’’ 445B.401, ‘‘Definitions,’’

445B.403, ‘‘Approved inspector 

defined,’’ 445B.4045, ‘‘Authorized 

inspection station defined,’’ 445B.405, 

‘‘Authorized station defined,’’ 445B.408, 

‘‘Carbon monoxide defined,’’ 445B.409, 

‘‘Certificate of compliance defined,’’

445B.4092, ‘‘Certified on-board 

diagnostic system defined,’’ 445B.4096, 

‘‘Class 1 approved inspector defined,’’

445B.097, ‘‘Class 1 fleet station 

defined,’’ 445B.098, ‘‘Class 2 approved 

inspector defined,’’ 445B.4099, ‘‘Class 2 

fleet station defined,’’ 445B.410, ‘‘CO2

defined,’’ 445B.411, ‘‘Commission 

defined,’’ 445B.413, ‘‘Department 

defined,’’ 445B.415, ‘‘Director defined,’’

445B.416, ‘‘Emission defined,’’

445B.418, ‘‘EPA defined,’’ 445B.419, 

‘‘Established place of business defined,’’

445B.420, ‘‘Evidence of compliance 

defined,’’ 445B.421, ‘‘Exhaust emissions 

defined,’’ 445B.422, ‘‘Exhaust gas 

analyzer defined,’’ 445B.424, ‘‘Fleet 

station defined,’’ 445B.4247, ‘‘Gross 

vehicle weight rating defined,’’

445B.426, ‘‘Heavy-duty motor vehicle 

defined,’’ 445B.427, ‘‘Hydrocarbon 

defined,’’ 445B.428, ‘‘Hz defined,’’

445B.432, ‘‘Light-duty motor vehicle 

defined,’’ 445B.433, ‘‘Mini motor home 

defined,’’ 445B.434, ‘‘Motor home 

defined,’’ 445B.435, ‘‘Motor vehicle 

defined,’’ 445B.440, ‘‘New motor 

vehicle defined,’’ 445B.442, ‘‘Opacity 

defined,’’ 445B.443, ‘‘Person defined,’’

445B.444, ‘‘ppm defined,’’ 445B.449, 

‘‘Smoke defined,’’ 445B.450, ‘‘Special 

mobile equipment defined,’’ 445B.451, 

‘‘Standard defined,’’ 445B.4515, ‘‘State 

electronic data transmission system 

defined,’’ 445B.452, ‘‘Tampering 

defined,’’ 445B.4525, ‘‘Test station 

defined,’’ 445B.453, ‘‘Truck defined,’’

445B.454, ‘‘Used motor vehicle 

defined,’’ 445B.455, ‘‘Van conversion 

defined,’’ 445B.4553, ‘‘Vehicle 

inspection report defined,’’ 445B.4556, 

‘‘Vehicle inspection report number 

defined,’’ 445B.456, ‘‘Severability,’’

445B.460, ‘‘Test station: License 

required to operate; expiration of 

license; ratings; performance of certain 

services; prohibited acts; location,’’

445B.461, ‘‘Compliance by Federal 

Government, state agencies and political 

subdivisions,’’ 445B.462, ‘‘Test station: 

Application for license to operate; 

inspection of premises; issuance of 

license,’’ 445B.463, ‘‘Test station: 

Grounds for denial, revocation or 

suspension of license; reapplication; 

permanent revocation of license,’’

445B.464, ‘‘Test station: Hearing 

concerning denial, suspension or 

revocation of license,’’ 445B.465, 

‘‘Authorized station or authorized 

inspection station: Requirements for 

bond or deposit,’’ 445B.466, 

‘‘Authorized station or authorized 

inspection station: Liability under bond 

or deposit; suspension and 

reinstatement of licenses,’’ 445B.467, 

‘‘Authorized station or authorized 

inspection station: Disbursement, 

release or refund of bond or deposit,’’

445B.468, ‘‘Authorized stations and 

authorized inspection stations: Scope of 

coverage of bond or deposit,’’ 445B.469, 

‘‘Authorized station or authorized 

inspection station: Posting of signs and 

placards,’’ 445B.470, ‘‘Test station: 

Display of licenses; availability of 

reference information,’’ 445B.471, ‘‘Test 

station: Advertising; provision by 

Department of certain informational 

material for public,’’ 445B.472, ‘‘Test 

station: Records of inspections and 

repairs; inspection of place of business; 

audit of exhaust gas analyzers,’’

445B.473, ‘‘Test station: Notice of 

wrongfully distributed or received 

vehicle inspection reports; inventory of 

vehicle inspection reports,’’ 445B.474, 

‘‘Test station: Failure to employ 

approved inspector,’’ 445B.475, 

‘‘Authorized station or class 2 fleet 

station: Requirements for employees,’’

445B.476, ‘‘Test station: Willful failure 

to comply with directive; suspension of 

license; reapplication after revocation of 

license,’’ 445B.478, ‘‘Fleet station: 

Licensing; powers and duties,’’

445B.480, ‘‘Test station: Requirements 

concerning business hours,’’ 445B.485, 

‘‘Prerequisites to licensing,’’ 445B.486, 

‘‘Examination of applicants for 

licensing,’’ 445B.487, ‘‘Denial of 

license,’’ 445B.489, ‘‘Grounds for denial, 

suspension or revocation of license,’’

445B.490, ‘‘Hearing on suspension or 

revocation of license,’’ 445B.491, 

‘‘Temporary suspension or refusal to 

renew license,’’ 445B.492, ‘‘Duration of 

suspension; surrender of license,’’

445B.493, ‘‘Limitation on reapplication 

after revocation or denial or license; 

surrender of revoked license; permanent 

revocation of license,’’ 445B.495, 

‘‘Contents of license,’’ 445B.496, 

‘‘Expiration of license,’’ 445B.497, 

‘‘Requirements for renewal of license,’’

445B.498, ‘‘Performance of emission 

inspection without license prohibited; 

expiration of license; license ratings,’’

445B.4983, ‘‘Issuance of access code to 

approved inspector; use of access code 

and identification number,’’ 445B.4985, 

‘‘Violations,’’ 445B.499, ‘‘Fees,’’

445B.501, ‘‘Report of change in place of 

employment or termination of 

employment,’’ 445B.502, ‘‘Submission 

of certificate of employment to report 

change,’’ 445B.5049, ‘‘Connection to 

state electronic data transmission 

system,’’ 445B.505, ‘‘Availability of list 

of approved analyzers and their 

specifications,’’ 445B.5052, ‘‘Approved 

analyzer: Use and equipment; 

deactivation by Department,’’

445B.5055, ‘‘Revocation of approval of 

analyzer,’’ 445B.5065, ‘‘Manufacturer of 

approved analyzer: Required warranty,’’

445B.5075, ‘‘Manufacturer of approved 

analyzer: Required services; 

administrative fine for violations,’’

445B.575, ‘‘Device to control pollution: 

General requirement; alteration or 

modification,’’ 445B.576, ‘‘Vehicles 

powered by gasoline or diesel fuel: 

Restrictions on visible emissions and on 

idling of diesel engines,’’ 445B.577, 

‘‘Devices used on stationary rails: 

Restrictions on visible emissions,’’

445B.578, ‘‘Exceptions to restrictions on 

visible emissions,’’ 445B.579, 

‘‘Inspection of vehicle: Devices for 

emission control required,’’ 445B.580, 

‘‘Inspection of vehicle: Procedure for 

certain vehicles with model year of 1995 

or older and heavy-duty vehicles with 

model year of 1996 or newer,’’

445B.5805, ‘‘Inspection of vehicle: 

Procedure for light-duty vehicles with 

model year of 1996 or newer,’’

445B.581, ‘‘Inspection of vehicle: Place 

and equipment for performance,’’

445B.5815, ‘‘Inspection of vehicle: 

Certified on-board diagnostic systems,’’

445B.582, ‘‘Repair of vehicle; 

reinspection or testing,’’ 445B.583, 

‘‘Evidence of compliance: Purpose; 

records,’’ 445B.584, ‘‘Evidence of 

compliance: Purchase of vehicle 

inspection report numbers,’’ 445B.585, 

‘‘Evidence of compliance: Issuance by 

approved inspector,’’ 445B.586, 

‘‘Evidence of compliance: Return of 

fee,’’ 445B.587, ‘‘Test of light-duty 

motor vehicles powered by diesel 

engines: Equipment for measurement of 

smoke opacity,’’ 445B.588, ‘‘Testing of 

light-duty motor vehicles powered by 

diesel engines: List of approved 

equipment,’’ 445B.589, ‘‘Testing of 

light-duty motor vehicles powered by 

diesel engines: Procedure; certificate of 

compliance; effect of failure; lack of 

proper fuel cap,’’ 445B.5895, 

‘‘Dissemination of list of authorized 

stations,’’ 445B.590, ‘‘Waiver of 

standards for emissions,’’ 445B.591, 

‘‘Form for registration of vehicle in area 

where inspection of vehicle not 


jlentini on PROD1PC65 with RULES
38132 Federal Register / Vol. 73, No. 129 / Thursday, July 3, 2008 / Rules and Regulations 

required,’’ 445B.5915, ‘‘Requirements 

for registration of vehicle temporarily 

being used and maintained in another 

state,’’ 445B.592, ‘‘Applicability of 

certain standards for emissions and 

other requirements,’’ 445B.593, 

‘‘Evidence of compliance required for 

certain vehicles based in Clark County,’’

445B.594, ‘‘Evidence of compliance 

required for certain vehicles based in 

Washoe County,’’ 445B.595 (excluding 

subsection(2)), ‘‘Inspections of vehicles 

owned by State or political subdivisions 

or operated on federal installations,’’

445B.596, ‘‘Standards for emissions,’’

445B.598, ‘‘Imposition and statement of 

fee for inspection and testing; listing of 

stations and fees,’’ 445B.599, 

‘‘Prescription and notice of maximum 

fees for inspections and testing,’’

445B.600, ‘‘Procedure for setting new 

fee,’’ 445B.601, ‘‘Concealment of 

emissions prohibited,’’ 445B.6115, 

‘‘Exemption of vehicle from certain 

provisions,’’ 445B.6125, ‘‘Certification 

of vehicle for exemption,’’ 445B.7015, 

‘‘Annual and additional inspections,’’

445B.7025, ‘‘Alteration of emission 

control system of vehicle used to 

conduct inspection,’’ 445B.7035, 

‘‘Preliminary written notice of violation; 

reinspection of vehicle,’’ 445B.7045, 

‘‘Administrative fines and other 

penalties for certain violations,’’

445B.727, ‘‘Administrative fines and 

other penalties,’’ and 445B.735, 

‘‘Program for licensure to install, repair 

and adjust devices for control of 

emissions.’’

(ii) Additional material. 

(A) Nevada Division of Environmental 

Protection. 

(1) Correspondence dated March 6, 

2007 from the Nevada Department of 

Motor Vehicles to the Nevada Division 

of Environmental Protection describing 

an upgrade to the NV2000 emission 

analyzer to make emissions testing 

possible on motor vehicles containing a 

certified on-board diagnostic system 

which uses controller area network 

communication. 

PART 81—[AMENDED] 

■ 3. The authority citation for part 81 

continues to read as follows: 

Authority: 42 U.S.C. 7401 et seq. 

Subpart C—[Amended] 

■ 4. In § 81.329, the table entitled 

‘‘Nevada—Carbon Monoxide’’ is 

amended by revising the entry for the 

Reno area to read as follows: 

§ 81.329 Nevada. 

* * * * * 

NEVADA—CARBON MONOXIDE

Designated area 

Designation Classification 

Date 1 Type Date 1 Type 

* * * * * * * 

Reno Area: Washoe County (part) Truckee Meadows Hydrographic Area 87.August 4, 2008 ....................... Attainment.

* * * * * * * 

1This date is November 15, 1990, unless otherwise noted. 

* * * * * 

[FR Doc. E8–15015 Filed 7–2–08; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Federal Emergency Management 

Agency 

44 CFR Part 67 

Final Flood Elevation Determinations 

AGENCY: Federal Emergency 

Management Agency, DHS. 

ACTION: Final rule. 

SUMMARY: Base (1% annual chance) 

Flood Elevations (BFEs) and modified 

BFEs are made final for the 

communities listed below. The BFEs 

and modified BFEs are the basis for the 

floodplain management measures that 

each community is required either to 

adopt or to show evidence of being 

already in effect in order to qualify or 

remain qualified for participation in the 

National Flood Insurance Program 

(NFIP). 

DATES: The date of issuance of the Flood 

Insurance Rate Map (FIRM) showing 

BFEs and modified BFEs for each 

community. This date may be obtained 

by contacting the office where the maps 

are available for inspection as indicated 

on the table below. 

ADDRESSES: The final BFEs for each 

community are available for inspection 

at the office of the Chief Executive 

Officer of each community. The 

respective addresses are listed in the 

table below. 

FOR FURTHER INFORMATION CONTACT: 

William R. Blanton, Jr., Engineering 

Management Branch, Mitigation 

Directorate, Federal Emergency 

Management Agency, 500 C Street, SW., 

Washington, DC 20472, (202) 646–3151. 

SUPPLEMENTARY INFORMATION: The 

Federal Emergency Management Agency 

(FEMA) makes the final determinations 

listed below for the modified BFEs for 

each community listed. These modified 

elevations have been published in 

newspapers of local circulation and 

ninety (90) days have elapsed since that 

publication. The Assistant 

Administrator of the Mitigation 

Directorate has resolved any appeals 

resulting from this notification. 

This final rule is issued in accordance 

with section 110 of the Flood Disaster 

Protection Act of 1973, 42 U.S.C. 4104, 

and 44 CFR part 67. FEMA has 

developed criteria for floodplain 

management in floodprone areas in 

accordance with 44 CFR part 60. 

Interested lessees and owners of real 

property are encouraged to review the 

proof Flood Insurance Study and FIRM 

available at the address cited below for 

each community. The BFEs and 

modified BFEs are made final in the 

communities listed below. Elevations at 

selected locations in each community 

are shown. 

National Environmental Policy Act. 

This final rule is categorically excluded 

from the requirements of 44 CFR part 

10, Environmental Consideration. An 

environmental impact assessment has 

not been prepared. 

Regulatory Flexibility Act. As flood 

elevation determinations are not within 

the scope of the Regulatory Flexibility 

Act, 5 U.S.C. 601–612, a regulatory 

flexibility analysis is not required. 

Regulatory Classification. This final 

rule is not a significant regulatory action 


jlentini on PROD1PC65 with RULES