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

mH. 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);

e 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.);

e 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);

e 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.

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

of Federal Regulations is amended as

follows:

PART 52-[AMENDED]

m 1. The authority citation for part 52

continues to readas 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

[EiA-R69-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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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

It. 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 Regu- Originally adopted on Dec. 21, 1988 and Submitted on Apr. 14, 1991; re-submitted as

lations Governing Air Quality Management, amended on Apr. 18, 1990; amended on amended on Nov. 13, 1992; re-submitted

section 040.095 ("Oxygen content of motor Sept. 23, 1992; amended on Sept. 22, 2005. as amended on Nov. 4, 2005.

vehicle fuel"). State Implementation Plan for a Basic Program Regulations adopted at various times by the June 3, 1994.

for the Inspection and Maintenance of Motor State Environmental Commission and DeVehicles for the Truckee Meadows Planning partment of Motor Vehicles but superseded. Area, Nevada (June 1994). by SIP revision submittal dated May 11,

2007, as listed below.

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

Nevada Mobile Source SIP, Update of the Reg- Regulations adopted at various times by State May 11, 2007.

ulatory Element (May 11, 2007). Environmental Commission and Department

of Motor Vehicles.

Redesignation Request and Maintenance Plan Sept. 22, 2005 ....................... Nov. 4, 2005.

for the Truckee Meadows Carbon Monoxide

Non-Attainment Area (September 2005).

Specificallywe 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

I The 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 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

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).

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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. I

In our January 7, 2008 proposed rule,

we proposed to approve NDEP's SIP

revision submittal (dated November 4,

2065) 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

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

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

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.

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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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 pol*itical 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.

I. 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

3 Our 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

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

2Z, 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 ac:eptable:

e Baseline (2002) emissions inventory

and future year (2010 and 2016)

inventory projections;

e Commitment to continue operating

an appropriate ambient CO monitoring

network;

e 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

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

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

Nevada SIP at this time.

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the Truckee Meadows area 8 years after

redesignation; and

e 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:

e 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 6t 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

4 With 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.

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 nafional

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 consensds

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 etseq.).

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.

m Chapter I, title 40 of the Code of

Federal Regulations is amended as

follows:

PART 52-fAMENDED]

m 1. The authority citation for part 52

continues to read as follows:

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

Su.bpart DD-Nevada

N 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 follcwing 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 nd Trudkee Mead6vs, Nevadh i A1,M

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

panphlet; 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

usedvehicles in certain counties,',

445Bi805, .' vddenqe;fcompliaicv -.

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

I

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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 few 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 v~hicle; 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, "CO 2

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," 44513455, "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 oa-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," 4458.590, "Waiver of

standards for emissions," 445B.591,

"Form for registration of vehicle in area

where inspection of vehicle not

38131

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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]

*14. 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 -

Designation Classification

Designated area

Date 1 Type Date 1 Type

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

graphic Area 87..

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

[FR Doc. EB-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

38132

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under the criteria of section 3(f) of List of Subjects in 44 CFR Part 67 Authority: 42 U.S.C. 4001 et seq.;

Executive Order 12866 of September 30, Reorganization Plan No. 3 of 1978, 3 CFR,

1993, Regulatory Planning and Review, Administrative practice and 1978 Comp., p. 329; E.O. 12127, 44 FR 19367,

58 FR 51735. procedure, Flood insurance, Reporting 3 CFR, 1979 Comp., p. 376.

Executive Order 13132, Federalism. and recordkeeping requirements.

This final rule involves no policies that a Accordingly, 44 CFR part 67 is §67.11 [Amended]

have federalism implications under amended as -follows: m 2. The tables published under the Executive Order 13132. ExectiveOrdr 1332.authority of § 67.11 are amended as Executive Order 12988, Civil Justice PART 67-[AMENDED] follows:

Reform. This final rule meets the

applicable standards of Executive Order m 1. The authority citation for part 67

12988. continues to read as follows:

* Elevation

in feet

(NGVD)

+ Elevation in feet Communities

Flooding source(s) Location of referenced elevation (NAVD) affected

#Depth in

feet above

ground

Modified

Jackson County, Alabama, and Incorporated Areas

Docket No.: FEMA-B-7744

Bengis Creek Tributary ............. 1,180 feet upstream from County Route 85 ............................ +614 City of Stevenson.

1,195 feet upstream from County Route 85 .............................. +614

Crow Creek ............................... 240 feet upstream from John T Reid Parkway ......................... +607 City of Stevenson.

790 feet upstream from County Route 53 ................................. +610

Dry Creek .................................. 2,300 feet upstream from Snodgrass Road .............................. +608 Unincorporated Areas of Jack--

son County, City of

Scottsboro.

25 feet downstream from Southern Railway ............................ +622

Guntersville Lake ...................... 8,810 feet upstream from Goosepond Drive ............................. +598

4,900 feet downstream from Goosepond Drive ........................ +598

Little Paint Creek ...................... 80 feet downstream from County Route 108 ............................ +589 Unincorporated Areas of Jackson County, City of Bridgeport.

50 feet upstream from County Route 108 ................................. +591

Tennessee River ....................... 1,300 feet downstream from Railroad ...................................... +612

6,020 feet downstream from Railroad ....................................... +612

Town Creek .............................. 4,310 feet upstream from County Route 33 .............................. +605 Unincorporated Areas of Jackson County.

4,320 feet upstream from County Route 33 .............................. +605

* National Geodetic Vertical Datum.

+ North American Vertical Datum.

#Depth in feet above ground.

ADDRESSES

City of Bridgeport

Maps are available for inspection at 116 Jim Thomas Avenue, Bridgeport, AL 35740.

City of Scottsboro

Maps are available for inspection at 916 S. Broad Street, Scottsboro, AL 35768.

City of Stevenson

Maps are available for inspection at 104 Kentucky Avenue, Stevenson, AL 35772.

Unincorporated Areas of Jackson County

Maps are available for inspection at 102 E. Laurel Street, Suite 47, Scottsboro, AL 35768.

Camden County, Georgia, and Incorporated Areas

Docket No.: FEMA-B-7755

St. Marys River ......................... At the Charlton/Nassau/Camden County Boundary .................. +8 Unincorporated Areas of Camden County.

Approximately 460 feet downstream -of the Charlton/Nassau/ +8

Camden County Boundary.

* National Geodetic Vertical Datum.

+ North American Vertical Datum.

#Depth in feet above ground.

38133

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* Elevation

in feet

(NGVD)

+ Elevation

in feet Communities

Flooding source(s) Location of referenced elevation (NAVD) affected

#Depth in

feet above

ground

Modified

ADDRESSES

Unincorporated Areas of Camden County

Maps are available for inspection at Camden County Planning and Building Department, 107 Gross Road, Suite 3, Kingsland, GA 31548.

Cobb County, Georgia, *and Incorporated Areas

Docket No.: FEMA-B-7753

Allatoona Branch ......................

Allatoona Creek ........................

Bishop Creek ............................

Blackjack Creek ........................

Butler Creek ..............................

Campgound Creek ....................

Concord Creek ..........................

Cooper Lake Creek ..................

Due W est Creek .......................

Eastside Creek .........................

Elizabeth Branch .......................

Favor Creek ..............................

Hope Creek ...............................

Laurel Creek .............................

Liberty Hill Branch ....................

Little Allatoona Creek ...............

Little Noonday Creek ................

Lost Mountain Creek ................

Luther W ard Creek ...................

Approximately 700 feet upstream of confluence of Allatoona

Creek.

Approximately 75 feet upstream of Holland Rd ........................

Approximately 625 feet upstream of County Line Rd ...............

Approximately 1,625 feet upstream of Holland Rd ...................

Just upstream of confluence with Sope Creek ..........................

Just upstream of Seven Springs Circle .....................................

Just upstream of confluence with Sope Creek ..........................

Just upstream of Lightfoot Circle ...............................................

Approximately 1,375 feet upstream of Nance Rd .....................

Approximately 600 feet downstream of Sumit Wood Drive ......

Just upstream of confluence with Sope Creek ..........................

Approximately 800 feet upstream of Roswell Road ..................

Approximately 50 feet upstream of Covered Bridge Road .......

Approximately 650 feet downstream of Durrell Street ..............

Approximately 550 feet downstream of East West Connector

Approximately 100 feet upstream of Gann Road ......................

Approximately 300 feet downstream of Hadaway Road ...........

Approximately 1,100 feet downstream of Butterfield Road .......

Just upstream of Confluence with Sope Creek .........................

Just downstream of Greenview Drive ........................................

Just upstream of the confluence with Sope Creek ...................

Approximately 1,750 feet upstream of Interstate 75 .................

Approximately 1,025 feet upstream of confluence of Nickajack

Creek.

Approximately 1,225 feet downstream of Favor Road ..............

Just upstream of confluence with Rottenwood Creek ...............

Approximately 1,100 feet upstream of Interstate 75 .................

Approximately 375 feet upstream of Norfolk Southern Corporation railroad.

Approximately 150 feet downstream of Dunn Street .............

Approximately 400 feet upstream of Monarch Valley Walk ......

Approximately 950 feet upstream of Blackhawk Trail. .............

Approximately 1,875 feet upstream of Old Stilesboro Road .....

Approximately 925 feet upstream of Femstone Road ..............

Approximately 1,925 feet upstream of confluence of Noonday

Creek.

Approximately 1,325 feet upstream of Almon Drive ..................

At Confluence with Wildhorse Creek .........................................

Approximately 1,850 feet upstream of the confluence with

Wildhorse Creek.

Approximately 1,525 feet upstream of confluence of Mud

Creek.

Approximately 1,700 feet upstream of Luther Ward Road ........

+985

+1019

+862

+1070

+911

+979

+999

+1065

+862

+1024

+931

+1057

+897

+1014

+825

+892

+896

+988

+920

+965

+1000

+1082

+917

+987

+940

+1004

+807

+986

+770

+914

+896

+932

+906

+1007

+907

+907

+920

+963

Unincorporated Areas of Cobb

County.

Unincorporated Areas of Cobb

County.

Unincorporated Areas of Cobb

County.

Unincorporated Areas of Cobb

County, City of Marietta.

Unincorporated Areas of Cobb

County, City of Acworth, City of Kennesaw.

Unincorporated Areas of Cobb

County.

Unincorporated Areas of Cobb

County.

Unincorporated Areas of Cobb

County, City of Smyrna.

Unincorporated Areas of Cobb

County.

Unincorporated Areas of Cobb

County.

Unincorporated Areas of Cobb

County, City of Marietta.

Unincorporated Areas of Cobb

County.

Unincorporated Areas of Cobb

County, City of Marietta.

Unincorporated Areas of Cobb

County, City of Smyrna.

Unincorporated Areas of Cobb

County.

Unincorporated Areas of Cobb

County.

Unincorporated Areas of Cobb

County.

City of Powder Springs.

Unincorporated Areas of Cobb

County.

38134

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* Elevation

in feet

(NGVD)

+ Elevation in feet Communities

Flooding source(s) Location of referenced elevation (NAVD) affected

#Depth in

feet above

ground

Modified

Milam Branch ............................

M ill Creek No. 1 ........................

Mill Creek No. 2 ........................

Morgan Lake Tributary .............

Mud Creek ................................

Nickajack Creek ........................

Noonday Creek .........................

Noonday Tributary No. 3 ..........

Noonday Tributary No. 7 ..........

Noses Creek .............................

Olley Creek ...............................

Olley Creek Tributary ................

Piney Grove Creek ...................

Pitner Creek ..............................

Poorhouse Creek ......................

Poplar Creek .............................

Powder Springs Creek ..............

Powers Creek ...........................

Proctor Creek ............................

Queen Creek ............................

Approximately 700 feet upstream of confluence of Queen

Creek.

Approximately 50 feet downstream of Lone Oak Drive ............

Approximately 250 feet upstream of the confluence of Powder

Springs Creek.

Just downstream of Poplar Springs Road .................................

Approximately 2,000 feet upstream of confluence of Nickajack

Creek.

Approximately 100 feet upstream of Hicks Road ......................

Just upstream of Rio Montana Drive .........................................

Approximately 300 feet downstream of Morgan Lake Dam ......

Approximately 1,600 feet upstream of confluence of Nose

Creek.

Approximately 250 feet downstream of Gordon Combs Road

Approximately 2,550 feet downstream of Veterans Memorial

Highway.

Approximately 200 feet upstream of Cobb Drive ......................

Approximately 175 feet upstream of Shallowford Road ............

Approximately. 325 feet upstream of New Salem Road ............

Approximately 1,125 feet upstream of confluence of Noonday

Creek.

Approximately 350 feet downstream Dickson Road .................

Approximately 425 feet upstream of confluence of Noonday

Creek.

Approximately 1,500 feet downstream of Club Drive ................

Approximately 300 feet upstream of Clay Road ................

Approximately 225 feet downstream of Tower Road ................

Approximately 2,525 feet upstream of confluence of Sweetwater Creek.

Approximately 50 feet downstream of Hill Street ......................

Approximately 350 feet downstream of Booth Road .................

Approximately 600 feet upstream of Brownstone Road .............

Just upstream of the Confluence with Sewell Mill Creek ..........

Just downsteam of Davis Road .................................................

Approximately 800 feet upstream of confluence of Little

Allatoona Creek.

Approximately 425 feet upstream of Fords Road .....................

Just upstream of the confluence with Rottenwood Creek .........

Approximately 4,800 feet upstream of Cobb Parkway ..............

Just upstream of confluence with Rottenwood Creek ...............

Just upstream of PineCrest Circle .............................................

Approximately 2,100 feet upstream of C H James Parkway ....

Approximately 800 feet upstream of Macland Road .................

Just upstream of confluence with Rottenwood Creek ...............

Approximately 200 feet upstream of Powers Ferry Road .........

Approximately 1,950 feet upstream of Old Highway 41 ...........

Just upstream of Jiles Road ......................................................

Approximately 175 feet downstream of Queens River Drive ....

Approximately 225 feet upstream of Mableton Drive ................

+914

+1010

+942

+1001

+908

+965

+947

+986

+912

+1024

+767

+1047

+904

+1025

+928

+1051

+953

+995

+892

+1082

+892

+1069

+1001

+1026

+951

+1067

+890

+997

+928

+954

+880

+1011

+914

+941

+933

+951

+865

+948

+767

+997

Unincorporated Areas of Cobb

County.

Unincorporated Areas of Cobb

County.

Unincorporated Areas of Cobb

County.

Unincorporated Areas of Cobb

County.

Unincorporated Areas of Cobb

County.

Unincorporated Areas of Cobb

County, City of Smyrna.

Unincorporated Areas of Cobb

County, City of Kennesaw,

City of Marietta.

Unincorporated Areas of Cobb

County, City of Marietta.

Unincorporated Areas of Cobb

County.

Unincorporated Areas of Cobb

County, City of Austell, City

of Marietta, City of Powder

Springs.

Unincorporated Areas of Cobb

County, City of Austell, City

of Marietta.

Unincorporated Areas of Cobb

County, City of Marietta.

Unincorporated Areas of Cobb

County.

Unincorporated Areas of Cobb

County.

Unincorporated Areas of Cobb

County, City of Marietta.

Unincorporated Areas of Cobb

County, City of Smyrna.

Unincorporated Areas of Cobb

County.

Unincorporated Areas of Cobb

County.

Unincorporated Areas of Cobb

County, City of Acworth, City

of Kennesaw.

Unincorporated Areas of Cobb

County.

38135

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* Elevation

in feet

(NGVD)

+ Elevation

in feet Communities

Flooding source(s) Location of referenced elevation (NAVD) affected

#Depth in

feet above

ground

Modified

Robertson Creek .......................

Rottenwood Creek ....................

Rubes Creek .............................

Rubes Creek Tributary .............

Sewell Mill Creek ......................

Smyrna Branch ........................

Sope Branch .............................

Sope Creek ...............................

Tanyard Creek ..........................

Theater Branch .........................

Thompson Creek ......................

Trickum Creek ..........................

Trickum Creek Tributary ...........

Ward Creek ...............................

Westside Branch .......................

Wildhorse Creek .......................

Wildwood Branch ......................

Just upstream of the Confluence with Sewell Mill Creek ..........

.Approximately 600 feet upstream of Benson Drive ...................

Approximately 500 feet upstream of the confluence with the

Chattahoochee River.

Just upstream of Fairground Street ...........................................

Approximately 2,800 feet upstream of confluence of Trickum

Creek.

Approximately 130 feet upstream of Saxony Glen ....................

Just upstream of Confluence with Rubes Creek .......................

Approximately 750 feet upstream of Keheley Road ..................

Just Upsteam of Greenfield Drive .............................................

Just upstream of Karen 6ane ....................................................

Approximately 450 feet downstream of Cobb Drive ..................

Approximately 175 feet upstream of Powder Springs Street ....

Just upstream of Confluence with Sope Creek .......................

Approximately 300 feet upstream of Sequoia Road .................

Just upstream of confluence with the Chattahoochee River .....

Approximately 1,025 feet upstream of Fairground Street .........

Approximately 1,275 feet upstream of Lake Acworth Drive ......

Approximately 300 feet downstream of Baker Plantation Drive

Approximately 125 feet upstream of Old Concord Road ..........

Just downstream of Parkway Drive ...........................................

Just upstream of the Confluence with Sewell Mill Creek ..........

Just upstream of Pine Road ......................................................

Just upstream of Confluence with Rubes Creek .......................

Approximately 400 feet upstream of Pete Shaw Road .............

Just upstream of confluence with Trickum Creek .....................

Just downstream of Jims Road .................................................

Approximately 600 feet upstream of Ernest Barrett Parkway ...

Approximately 50 feet downstream of Northcutt Street ............

At confluence with Ward Creek .................................................

Approximately 500 feet upstream of the confluence with Ward

Creek.

At Confluence with Noses Creek ...............................................

Just downstream of Macedonia Road .......................................

Just upstream of the confluence with Sope Creek ...................

Approximately 300 feet downstream of Vamer Road ...............

+923

+1019

+789

+1052

+896

+1075

+918

+986

+921

+1084

+933

+997

+1023

+1088

* +808.

+1042

+864

+919

+929

+973

+934

+965

+911

+1054

+935

+1108

+926

+1050

+1016

+1016

+907

+907

+985

+1027

Unincorporated Areas of Cobb

County.

Unincorporated Areas of Cobb

County, City of Marietta.

Unincorporated Areas of Cobb

County.

Unincorporated Areas of Cobb

County.

Unincorporated Areas of Cobb

County, City of Smyrna.

City of Marietta.

Unincorporated Areas of Cobb

County, City of Marietta.

Unincorporated Areas of Cobb

County, City of Acworth.

Unincorporated Areas of Cobb

County, City of Smyrna.

Unincorporated Areas of Cobb

County.

Unincorporated Areas of Cobb

County.

Unincorporated Areas of Cobb

County.

Unincorporated Areas of Cobb

County, City of Marietta.

City of Marietta.

Unincorporated Areas of Cobb

County, City of. Powder

Springs.

Unincorporated Areas of Cobb

County, City of Marietta.

* National Geodetic Vertical Datum.

+ North American Vertical Datum.

#Depth in feet above ground. ADDRESSES

City of Acworth

Maps are available for inspection at City Hall, 4415 Senator Russell Avenue, Acworth, GA 30101.

City of Austell

Maps are available for inspection at 2716 Broad Street, SW, Austell, GA 30106.

City of Kennesaw

Maps are available for inspection at 2529 J.O. Stephenson Avenue, Kennesaw, GA 30144.

City of Marietta

Maps are available for inspection at Development and Inspection Department, 205 Lawrence Street, Marietta, GA 30060.

City of Powder Springs

R1 6

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* Elevation

in feet

(NGVD)

+ Elevation

Flooding source(s) Location of referenced elevation in feet Communities

(NAVO) affected

#Depth in

feet above

ground

Modified

Maps are available for inspection at City Hall, 4484 Marietta Street, Powder Springs, GA 30127.

City of Smyrna

Maps are available for inspection at City Hall, 2800 King Street, Smyrna, GA 30080.

Unincorporated Areas of Cobb County

Maps are available for inspection at 100 Cherokee Street, Marietta, GA 30090.

Labette County, Kansas, and Incorporated Areas

Docket No.: FEMA-D-7826

Bachelor Creek ......................... Approximately 0.81 mile upstream of confluence with Labette +855 Unincorporated Areas of

Creek. Labette County. Approximately 1.4 miles upstream of Ness Road ..................... +888

Labette Creek ........................... Approximately 0.74 mile downstream of Southern Avenue ...... +864 City of Parsons, Unincorporated Areas of Labette

County. Approximately 2.2 miles upstream of MKT Railroad ................. +892

Labette Creek ........................... Approximately 0.38 mile downstream of confluence with Bach- +855 Unincorporated Areas of

elor Creek. Labette County. Approximately 3.03 miles upstream of confluence with Bach- +858

elor Creek.

Labette Creek Tributary A ........ Approximately 0.95 mile downstream of Rooks Road .............. +856 Unincorporated Areas of

Labette County. Approximately 0.44 mile upstream of Rooks Road ................... +866

Labette Creek Tributary B ........ Approximately 0.75 mile upstream of confluence with Labette +859 Unincorporated Areas of

Creek. Labette County. Approximately 1.07 miles upstream of Queens Road " +888

Little Labette Creek .................. Approximately 0.27 mile downstream of MKT Railroad ............ +865 City of Parsons, Unincorporated Areas of Labette

County. Approximately 0.45 mile upstream of U.S. Highway 160 .......... +907

Little Labette Creek Tributary A Approximately 0.19 mile upstream of confluence with Little +885 Unincorporated Areas of

Labette Creek. e Labette County. Approximately 1.30 miles upstream of Meade Road ................ +903

Little Labette Creek Tributary B Approximately 500 feet upstream of confluence with Little +897 Unincorporated Areas of

Labette Creek. Labette County.

Approximately 0.23 mile upstream of U.S. Highway 160 .......... +903

Tolen Creek .............................. Approximately 0.38 mile upstream of confluence with Labette +880 City of Parsons, UnincorCreek. porated Areas of Labette

County. Approximately 0.32 mile upstream of Pratt Road ..................... +891

Tolen Creek Tributary A ........... Approximately 0.11 mile upstream of confluence of Tolen. +883 City of Parsons, UnincorCreek. porated Areas of Labette

County. Appromimately 1.46 miles upstream of U.S. Highway 160 ....... +901

* National Geodetic Vertical Datum. + North American Vertical Datum.

#Depth in feet above ground.

ADDRESSES

City of Parsons

Maps are available for inspection at 112 South 17th Street, Parsons, KS 67357.

Unincorporated Areas of Labette County

Maps are available for inspection at 501 Merchant Street, Oswego, KS 67356.

Jefferson County, Tennessee, and Incorporated Areas.

Docket No.: FEMA-B-7751

Douglas Lake ............................

Mossy Creek.............

Approximately 5,100 feet upstream of confluence of Leadvale

Creek.

At Sevier/Jefferson county boundary .........................................

Approximately 2,200 feet downstream of Russell Avenue .......

+1002

+1002

+1075

Unincorporated.Areas of Jefferson County, City of

Baneberry, Town of

Dandridge.

Unincorporated Areas of Jefferson County, Town of Jefferson City.

38137

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* Elevation

in feet

(NGVD)

+ Elevation

in feet Communities

Flooding source(s) Location of referenced elevation (NAVD) affected

#Depth in

feet above

ground

Modified

Approximately 1,050 feet downstream of Russell Avenue ........ +1075

* National Geodetic Vertical Datum.

+ North American Vertical Datum.

#Depth in feet above ground.

ADDRESSES

City of Baneberry

Maps are available for inspection at 667 Harrison Ferry Road, Baneberry, TN 37890.

Town of Dandridge

Maps are available for inspection at P.O. Box 249, Dandridge, TN 37725.

Town of Jefferson City

Maps are available for inspection at P.O. Box 530, 112 West Broadway Boulevard, Jefferson City, TN 37760.

Unincorporated Areas of Jefferson County

Maps are available for inspection at P.O. Box 710, 214 West Main Street, Dandridge, TN 37725.

Lawrence County, Tennessee, and Incorporated Areas

Docket No.: FEMA-B-7748

Buffalo River .............. Approximately 1,028 feet upstream of confluence of Saw +792 Unincorporated Areas of LawCreek. rence County.

Approximately 2,040 feet upstream of State Highway 240 ....... +812

Shoal Creek .............................. At New Shoal Creek Dam ......................................................... +759 Unincorporated Areas of Lawrence County.

Approximately 8,540 feet downstream of Old Waynesboro +787

Highway.

* National Geodetic Vertical Datum.

+ North American Vertical Datum.

#Depth in feet above ground.

ADDRESSES

Unincorporated Areas of Lawrence County

Maps are available for inspection at 240 West Gaines Street, Lawrenceburg, TN 38464.

(Catalog of Federal Domestic Assistance No.

97.022, Flood Insurance.)

Dated: June 25, 2008.

David I. Maurstad,

Federal Insurance Administrator of the

National Flood Insurance Program,

Department of Homeland Security, Federal

Emergency Management Agency.

[FR Doc. E8-15121 Filed 7-2-08; 8:45 am]

BILLING CODE 9110-12-P

FEDERAL COMMUNICATIONS

COMMISSION

47 CFR Part 73

[DA 08-1406; MB Docket No. 08-12; RM11414]

Radio Broadcasting Service; Dededo,

Guam

AGENCY: Federal Communications

Commission.

ACTION: Final rule.

SUMMARY: In response to a Notice of

Proposed Rule Making, the Audio

Division issues a Report and Order

granting a petition for rule making filed

by Moy Communications, Inc.

requesting the allotment of Channel

243C1 at Dededo, Guam. Channel 243C1

can be allotted at Dededo, Guam, in 

compliance with the Commission's

technical engineering requirements, at

13-29-17 North Latitude and 144-49-

35 West Longitude with a site restriction

of 3.2 kilometers (2 miles) south of

Dededo, Guam.

DATES: Effective July 28, 2008.

ADDRESSES: Secretary, Federal

Communications Commission, 445

Twelfth Street, SW., Washington, DC

20554.

FOR FURTHER INFORMATION CONTACT:- R.

Barthen Gorman, Media Bureau, (202)

418-2180.

SUPPLEMENTARY INFORMATION: This is a

synopsis of the Commission's Report

and Order, MB Docket No. 08-12,

adopted June 11, 2008, and released

June 13, 2008. The Notice of Proposed

Rule Making proposed the allotment of

Channel 243C1 at Dededo, Guam. See

73 FR 9515, published February 21,

2008. The full text of this Commission

decision is available for inspection and

copying during regular business hours

at the FCC's Reference Information

Center, Portals II, 445 Twelfth Street,

SW., Room CY-A257, Washington, DC

20554. The complete text of this

decision may also be purchased from

the Commission's duplicating

contractor, Best Copy and Printing, Inc.,

445 12th Street, SW., Room CY-B402,

Washington, D.C. 20554, telephone 1-

800-378-3160 or http://

www.BCPrWEB.com. The Commission

will send a copy of this Report and

Order in a report to be sent to Congress

and the Government Accountability

Office pursuant to the Congressional

Review Act, see 5 U.S.C. 801(a)(1)(A).

38138

HeinOnline -- 73 Fed. Reg. 38138 2008
Federal Register/Vol. 73, No. 129/Thursday, July 3, 2008/Rules and Regulations

List of Subjects in 47 CFR Part 73

Radio, Radio broadcasting.

a As stated in the preamble, the Federal

Communications Commission amends

47 CFR part 73 as follows:

PART 73-RADIO BROADCAST

SERVICES

E 1. The authority citation for part 73

continues to read as follows:

Authority: 47 U.S.C. 154, 303, 334, 336.

§73.202 [Amended]

N 2. Section 73.202(b), the Table of FM

Allotments under Guam, is amended by

adding Dededo, Channel 243C1.

Federal Communications Commission.

John A. Karousos,

Assistant Chief, Audio Division Media

Bureau.

[FR Doc. E8-14891 Filed 7-2-08; 8:45 am]

BILLING CODE 6712-01-P

FEDERAL COMMUNICATIONS

COMMISSION

47 CFR Part 73

[DA 08-1403; MB Docket No. 07-211; RM11400]

Radio Broadcasting Services; Harper,

TX

AGENCY: Federal Communications

Commission.

ACTION: Final rule.

SUMMARY: The Audio Division, at the

request of Katherine Pyeatt, allots FM.

Channel 256C3 at Harper, Texas, as that

community's first local service. Channel

259C3 can be allotted at Harper, Texas,

in compliance with the Commission's

minimum distance separation

requirements with a site restriction of

12.9 kin (8.0 miles) east of Harper at the

following. reference coordinates: 30-16-

20 North Latitude and 99-07-25 West

Longitude. Concurrence in the allotment

by the Government of Mexico is

required because the proposed

allotment is located within 320

kilometers (199 miles) of the U.S.-

Mexican border. Although Mexican

concurrence has been requested,

notification has not been received. If a

construction permit for Channel 228C3

at Paulden, Arizona, is granted prior to

receipt of formal concurrence by the

Mexican government, the authorization

will include the following condition:

"Operation with the facilities specified

herein for Paulden, Arizona, is subject

to modification, suspension, or

termination without right to hearing, if

found by the Commission to be

necessary in order to conform to the

Mexico-United States FM Broadcast

Agreement, or if specifically objected to

by the Government of Mexico." In

addition, the allotment of Channel

256C3 at Harper, Texas, is subject to the

final outcome of MM Docket No. 00-148

and MB Docket No. 05-112, and the

Harper channel will not be available for

auction until the dismissals of mutuallyexclusive counterproposals in those

proceedings are final.

DATES: Effective July 28, 2008.

ADDRESSES: Federal Communications

Commission, 445 12th Street, SW.,

Washington, DC 20554.

FOR FURTHER INFORMATION CONTACT:

Deborah Dupont, Media Bureau, (202)

418-2180.

SUPPLEMENTARY INFORMATION: This is a

synopsis of the Commission's Report

and Order, MB Docket No. 07-211,

adopted June 11, 2008, and released

June 13, 2008. The full text of this

Commission decision is available for

inspection and copying during normal

business hours'in the FCC Reference

Information Center, Portals II, 445 12th

Street, SW., Room CY-A257,

Washington, DC 20554. The complete

text of this decision also may be

purchased from the Commission's

duplicating contractor, Best Copy and

Printing, Inc., 445 12th Street, SW.,

Room CY-B402, Washington, DC,

20554, (800) 378-3160, or via the

company's Web site, http://

www.bcpiweb.com. The Commission

will send a copy of this Report and

Order in a report to be sent to Congress

and the Government Accountability

Office pursuant to the Congressional

Review Act, see 5 U.S.C. 801(a)(1)(A).

List of Subjects in 47 CFR Part 73

Radio, Radio broadcasting.

* As stated in the preamble, the Federal

Communications Commission amends

47 CFR part 73 as follows:

PART 73-RADIO BROADCAST

SERVICES

* 1. The authority citation for part 73

continues to read as follows:

Authority: 47 U.S.C. 154, 303, 334, 336.

§73.202 [Amended]

w 2. Section 73.202(b), the Table of FM

Allotments under Texas, is amended by

adding Harper, Channel 256C3.

Federal Communications Commission..

John A. Karousos,

Assistant Chief, Audio Division, Media

Bureau.

[FR Doc. E8-15148 Filed 7-2-08; 8:45 am]

BILLING CODE 6712-01-P

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

50 CFR Part 622

[Docket No. 070718369-8731-02]

RIN 0648-AV34

Fisheries of the Caribbean, Gulf of

Mexico, and South Atlantic; Reef Fish

Fishery of the Gulf of Mexico;

Amendment 30A

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Final rule.

SUMMARY: NMFS issues this final rule to

implement Amendment 30A to the

Fishery Management Plan for the Reef

Fish Resources of the Gulf of Mexico

(FMP) prepared by the Gulf of Mexico

Fishery Management Council (Council).

This final rule establishes accountability

measures for the commercial and

recreational fisheries for greater

amberjack and gray triggerfish,

establishes commercial quotas for

greater amberjack and gray triggerfish,

establishes a recreational quota for

greater amberjack and recreational catch

limits for gray triggerfish, increases the

commercial and recreational minimum

size limit for gray triggerfish, increases

the recreational minimum size limit for

greater amberjack, and reduces the

greater amberjack bag limit to zero for

captain and crew of a vessel operating

as a charter vessel or headboat. In

addition, Amendment 30A establishes

management targets and thresholds for

gray triggerfish consistent with the

requirements, of the Sustainable

Fisheries Act. This final rule is intended

to end overfishing of greater amberjack

and gray triggerfish and to rebuild these

stocks to sustainable levels.

DATES: This final rule is effective August

4, 2008.

ADDRESSES: Copies of the Final

Supplemental Environmental Impact

Statement (FSEIS), the Final Regulatory

Flexibility Analysis (FRFA), and the

Record of Decision (ROD) may be

obtained from Peter Hood, NMFS,

Southeast Regional Office, 263 13th

Avenue South, St. Petersburg, FL 33701;

telephone 727-824-5305; fax 727-824-

5308; e-mail peter.hood@noaa.gov.

FOR FURTHER INFORMATION CONTACT:

Peter Hood, telephone 727-824-5305;

fax 727-824-5308; e-mail

peter.hood@noaa.gov.

SUPPLEMENTARY INFORMATION: The reef

fish fishery of the Gulf of Mexico is

38139 -

HeinOnline -- 73 Fed. Reg. 38139 2008