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Citation: 73 Fed. Reg. 38124 2008
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-- The search text of this PDF is generated from uncorrected OCR text.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 ofthe 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 thatthey meet the criteria ofthe Clean Air Act. Accordingly, this action merely approves state law asmeeting Federal requirements and does not impose additional requirements beyond those imposed by state law. Forthatreason, this action:

* Isnot a "significant regulatory action" subjectto review by the Office ofManagement and Budget under

- Executive Order 12866 (58 FR 51735, October 4, 1993);

e Does not impose aninformation collection burden under the provisions ofthe Paperwork Reduction Act (44 U.S.C. 3501 etseq.);

* Is certified as nothaving 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 actionbased 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 torequirements of Section 12(d) ofthe National Technology Transfer andAdvancement Act of1995 (15 U.S.C. 272 note) because application ofthose 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 (65FR 67249, November 9, 2000), because the SIP is not approved to apply in Indian country located in the state, and EPA notes that it willnot impose substantial direct costs on tribal governments or preempt tribal law.

The Congressional Review Act, 5 U.S.C. 801 et seq., as added bythe Small Business Regulatory Enforcement Fairness Act of 1996, generally provides that before a rule may take effect, the agency promulgating the rulemust submit a rule report, which includes a copy ofthe rule, to each House ofthe Congress and tothe Comptroller General ofthe United States. EPA will submit a' report containing this action and other required information to the U.S. Senate, the U.S. House ofRepresentatives, and the Comptroller General ofthe United States prior topublication ofthe rulein the Federal Register. Amajor rule cannot take effectuntil 60 days after it is published in the Federal Register. This action isnot a "major rule" as defined by 5U.S.C. 804(2).

Under section 307(b)(1) ofthe Clean Air Act, petitions forjudicial review of this action mustbe filed in the United States Court ofAppeals for the appropriate circuit by September 2, 2008. Filing a petition for reconsideration by theAdministrator of this final rule does not affect the finality ofthis action for the purposes ofjudicial review nor does it extend the time within which a petition forjudicial review maybe filed,and shall not postpone the effectiveness ofsuchrule

or action. This action maynot be challenged later in proceedings to enforce its requirements (see section 307(b)(2)). List ofSubjects 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, ActingRegional Administrator, RegionIX. E Part 52, chapter I,title 40 ofthe Code ofFederal Regulations is amended as follows:
PART 52-[AMENDED]

m1.The authority citation forpart 52 continues toreadas follows:

Authority: 42 U.S.C. 7401 etseq. Subpart F-California

* 2. Section 52.220 is amended by adding paragraph (c)(354) toread as follows: §52.220 Identificationofplan.

* * * * *



### (c)* * * (354)New and amended regulations for the following APCDs were submitted

onMarch 7, 2008, by the Governor's designee.

(i) Incorporation by reference. (A) South CoastAir Quality Management District.

(1)Rule 2004, "Requirements" adopted onOctober 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 ofAreas forAirQuality Planning Purposes; Nevada; Wintertime Oxygenated Gasoline Rule; Vehicle Inspection and Maintenance Program; Redesignation ofTruckee Meadows to Attainment forthe Carbon Monoxide Standard AGENCY: Environmental Protection Agency (EPA). ACTION: Final rule. SUMMARY: EPA is approving certain submittals by the State ofNevada of revisions tothe Nevada state implementation plan thatare intended toprovide for attainment and maintenance ofthe carbon monoxide national ambient airquality standard in the Truckee Meadows nonattainment
area located withinWashoe 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 andrelated 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 inthe plan and related to inspection and maintenance ofvehicles operated on Federal installations. EPA is takingthese actions pursuant to those provisions ofthe 

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Clean Air Actthat obligate the Agency totake action on submittals ofrevisions to state implementation plans and requests for redesignation. This action makes certain State and local measures and commitments related to attainment and maintenance ofthe carbon monoxide standard in Truckee Meadows federally enforceable as part ofthe 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 athttp:// www.regulations.govand inhard copy at EPA Region IX, 75Hawthorne Street, San Francisco, California. While all documents-in the docket are listed in the index, some information maybe publicly available onlyat 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 duringnormal business hours with the contact listedin 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 ofContents 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) ofthe Clean Air Act, as amended in 1990 (CAA or "Act"), EPA proposed to approve certain submittals ofrevisions to the Nevada state implementation plan (SIP) bythe Nevada Division of Environmental Protection (NDEP). These revisions are intended to provide for attainment and maintenance ofthe carbon monoxide (CO) national ambient airquality standards (NAAQS) in the Truckee Meadows nonattainment area located within Washoe County, Nevada. The specific SIPrevision submittals that
weproposed to approve are listed in the following table:

Plan, plan element orrule 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. vehiclefuel"). 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 atvarioustimes 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 ofthe wintertime oxygenated gasoline rule as amended on September 22,.2005 by theWashoe County DistrictBoard ofHealth ("District") and codified asDistrict 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 ofsection 211(m) of the Act and.applicable EPA regulations.

We also proposed to approve the SIP revision submittal dated June 3, 1994 of the StateImplementationPlan fora BasicProgram fortheInspectionand Maintenanceof Motor Vehicles forthe TruckeeMeadowsPlanning Area, Nevada(June 1994) ("Basic I/M SIP"). In connection with the basic vehicle inspection and maintenance (I/M) program inTruckee 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 theNevadaMobileSource SIP,UpdateoftheRegulatoryElement (May 11, 2007) ("Mobile Source SIP Update") submitted onMay 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

IThe statutory provisions and rules submitted by NDEPon May 11, 2007 represent acomprehensive update totheregulatory portionofthe State's mobile source SIP (excluding the rulesestablishing fuels specifications, alternative fuels programs for government vehicles, and local rulesrelated 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 regulatoryportion oftheState's Las VegasValley I/MSIP, which was last approvedin 2004 (69FR 56351, September 21, 2004). The current submitted versions oftheI/M-related statutoryprovisions andrules are not significantly differentthan the corresponding versions ofthe statutory provisions andrules approved in 2004 for the various elements ofthe program, we proposed to approve thebasic I/M program for Truckee Meadows as meeting the requirements ofCAA 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 ofthe 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 LasVegas I/M program, andare consistent withtheunderlying assumptions used to develop the LasVegas Valley 2005 COPlan, which was approved by EPA on August 7,2006 (71 FR 44587). 

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installations located within I/M areas, because ofsovereign immunity
concerns. Furthermore, we proposed, under CAA section 110(k)(6), to rescind
our previous approval ofNAC 445B.595(2) into the Nevada SIP in 2004 because we believed that we had approved it inerror, also on the grounds of sovereign immunity. Forthe reasons given below in response to NDEP's comments on our proposal, we are separating our actions onNAC 445B.595(2) (i.e., both the proposed "no action" onthe submitted rule (and current codification of)NAC 445B.595(2) and the proposed correction) from therest ofthe actions proposed onJanuary 7, 2008 and intend to re-propose action onNAC 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) ofthe RedesignationRequestand MaintenancePlan for the Truckee Meadows CarbonMonoxideNonAttainmentArea(September 2005) ("Truckee Meadows CO Maintenance Plan"), adopted by the District on September 22, 2005. In connection with
our proposed approval ofthe Truckee Meadows CO Maintenance Plan,we proposed to approve certain commitments bythe 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 ofthe Act.

Lastly, based on our evaluation ofthe various SIP requirements and submittals discussed above, we concluded that, upon our final approval ofthe SIP submittals evaluated in the proposed rule, the State will have met all section 110 and partD requirements that apply tothe Truckee Meadows moderate CO nonattainment area andthereby satisfied the criteria forredesignation under CAA section 107(d)(3)(E) and proposed to approve the State's request (dated November 4, 2005) for redesignation ofTruckee Meadows to attainment accordingly.2

2The Truckee Meadows CO Maintenance Plan relies upon three principal State orlocal 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 thefirst and second of the three measures in our January 7, 2008 proposed rule. We approved the third measure (theresidential 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 rulefor 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-daypublic comment period. Comments were received from the Air Quality Management Division (AQMD) ofthe Washoe County District Health Department, the Nevada Division ofEnvironmental Protection (NDEP), and the Western States Petroleum Association (WSPA). Responses tothe comments from each entity areprovided below. Comment#1: Byletter dated January 23, 2008, AQMD notes that, since adoption ofthe maintenance plan, EPA has reorganized the rules in40 CFR part 58 and relocated the requirements for annual assessments ofmonitoring networks from 40 CFR 58.20(d) to 58.10, and that the maintenance plan refers in two places tothe former rather than the latter.

Response#1: AQMD is correct. EPA has relocated the requirements for annual assessments ofmonitoring 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:Byletter dated January 30, 2008, NDEPrequests a 30-day extension ofthe comment period to
assess the implications ofEPA's proposed rescission, under CAA section 110(k)(6) error correction authority, ofa 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 ofthe public comment period with respect to all aspects ofEPA's January 7,2008 proposal except for the proposed rescission action (relatedto I/ M for vehicles operated on Federal installations) and requests instead that EPA act separately on the rescission

. aspect ofthe proposal. By e-mail dated February 1, 2008 and thenby letter

redesignation until we take final action approving the oxygenated gasoline ruleand 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 aprerequisite to the final redesignation actionwhich we are alsotaking 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 apre-condition to redesignation ofTruckee Meadows to attainment forthe CO NAAQS. dated February 4, 2008, NDEP restates -itsamended request from January 31, 2008 but specifically conditions withdrawal ofthe extension request upon EPA's removal ofthe proposed CAA section 110(k)(6) action to rescind NAC 445B.595(2) from the rest ofthe January 7, 2008 proposed action.

Response#2:NDEP's initial letter dated January 30, 2008 led to EPA's reconsideration ofthe basis for EPA's proposed rescission ofNAC 445B.595(2) and related ."noaction" proposal for the 2007 codification ofthe subject rule. On thebasis ofthat reconsideration, EPA intends to re-propose action onNAC 445B.595(2) in a separate Federal Register document butto otherwise finalize the January 7,2008 action as proposed. Comment#3:Byletter submitted on February 6, 2008, WSPA supports the redesignation ofthe Truckee Meadows nonattainment area as an attainment
area forCO, but objects to the inclusion ofthe Washoe County wintertime oxygenated gasoline requirement in the Truckee Meadows CO maintenance plan. WSPA cites the results ofa 2005 study commissioned by WSPA (and submitted with the comment letter), and
more recent study results, as support for the proposition that elimination ofthe oxygenated fuelrequirements 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 ofthe 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 haverescinded their oxygenatedgasoline programs without triggering any CO NAAQS violations. Lastly, WSPA requests that EPAremove the Washoe County wintertime oxygenated gasoline requirement as a control measure inthe 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 aplan 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 ofthe 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 inthe statute. It is not EPA's role to disapprove the State choice of control strategies ifthat strategy will result in attainment or continued maintenance ofthe NAAQS, and meets all other applicable statutory requirements. See UnionElectricCo.v. EPA,427 U.S. 246 (1976); Trainv. NRDC,421 U.S. 60 (1975). EPA's role in reviewing SIP submissions is to approve state choices, provided that they meet the criteria ofthe Clean AirAct. Federal inquiry intothe reasonableness ofstate action is notallowed under the Act (see UnionElectricCo. v. EPA, 427 U.S. 246, 255-266 (1976); CAA section 110(a)(2)). Under section 116 ofthe CAA, with certain exceptions not relevant here, a State retains the right to adopt and enforce any requirement'respecting control or abatement ofair 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 theDistrict's wintertime gasoline oxygen content requirements (i.e., District Rule 040.095) meet applicable CAA criteria, including public notice andhearing prior to adoption and submittal, as well as the substantive criteria ofsection 211(m) and meet applicable EPA regulations. WSPA does notobject 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 ofthe CO NAAQS inTruckee Meadows. However, for the reasons set forth above, we do not havethe authority to disapprove the District's choice (endorsed by the applicable State agency, NDEP) to include the wintertime oxygenated gasoline requirement as part oftheirCO maintenance strategy on such grounds. IfNDEP 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 ofthe 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 sectionI ofthis document and, in greater detail, in our proposed rule, EPA is approving certain submittals byNDEP ofrevisions tothe Nevada SIP thatare required to provide for attainment ofthe CO NAAQS inthe Truckee Meadows "moderate" CO nonattainment area and is approving a maintenance plan under section 175A ofthe 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 asfollows:

First, we are approving the local oxygenated gasoline regulation, District Rule 040.095, as amended on September 22, 2005) as fulfilling the requirements ofsection 211(m) ofthe CAA.

Second, we are approving the State of Nevada's SIP revisions containing the "basic" vehicle I/Mprogram 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) StateImplementationPlan fora BasicProgram fortheInspectionand Maintenanceof Motor Vehiclesforthe TruckeeMeadowsPlanning 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 exhaustgas analyzer specifications, MOBILE5.0a emissions modeling, anda contingency measure adoptedby the Washoe County District Board ofHealth;

(ii)Basic I/M Performance Standard Evaluation for motor vehicles in the Truckee Meadows planning area, submitted onNovember 2, 2006; and

(iii)Current Nevada mobile source statutory and regulatory provisions and rules, including those related to I/M, andupdated exhaust gas analyzer (NV2000) specifications, submittedby NDEP on May 11, 2007. 3 The current

3 Our approval ofthe May 11, 2007 SIPrevision submittal updates and supersedes the statutory and regulatory portion ofNevada'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 Vegasand 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 ofthe 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 (excludingNRS 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)ofsection 445B.595.

Third, we are approving the RedesignationRequestand MaintenancePlan forthe Truckee Meadows Carbon MonoxideNonAttainmentArea (September 2005) ("Truckee Meadows CO Maintenance Plan"), adopted bythe Washoe County District Board ofHealth on September 2Z, 2005, and submitted by NDEP to EPA onNovember 4, 2005, as meeting the requirements ofCAA 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 ofresidential woodburning;

* Contingency provisions that establish a two-tier approach with specific triggering events and regulatory responses: The first involving a lowering ofthe stage 1 (alert)episode level (tier 1)by the next CO season and the second involving a recommendation and timetable for actionby the Washoe County DistrictBoard ofHealth orthe State Environmental Commissionto tighten certain requirements, potentially including ahigher wintertime gasoline oxygen content or higher waiver amounts in the State's vehicle I/M program, to promptly correct any violation ofthe 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 beingretained inthe Nevada SIP atthis time. 

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

the Truckee Meadows area 8 years after redesignation; and

e CO motor vehicle emissions budgets (interms ofpounds per typical CO season day) of330,678 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) ofthe CAA;

* The improvement in ambient CO conditions in Truckee Meadows is due topermanent and enforceable reductions in emissions resulting from implementation ofthe applicable SIP and applicable Federal air pollutant controlregulations and other permanent and enforceable reductions;

* The State has met allrequirements applicable to Truckee Meadows under section 110 and part D (oftitle I) ofthe CAA;4 and

* As described above, we are approving the Truckee Meadows CO Maintenance Plan as meeting the requirements ofCAA section 175A. IV. StatutoryandExecutive Order Reviews

UnderExecutive Order 12866 (58 FR 51735, October 4, 1993), this action is not a "significant regulatory action" and therefore is not subjectto reviewby the Office ofManagement 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). Thisaction 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 ofsmall entities under the Regulatory Flexibility Act (5 U.S.C. 601 6tseq.).Because this rule approves pre-existing requirements under state law and does not impose any additional enforceable duty, itdoes not contain any unfunded mandate or significantly or uniquely affects small

4Withrespect tothiscriterion, we find thatwe need notfully approve eithertheDistrict's nonattainmentnew source reviewrules or conformity rules as apre-condition toredesignation ofTruckee Meadows toattainmentforthe CO NAAQS. governments, as described in the Unfunded Mandates ReformAct of 1995 (Pub.L. 104-4).

Thisrule also does not have tribal implications because it will not have a substantial direct effect on one or more Indian tribes, onthe relationship between the Federal Government and Indian tribes, or onthe 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 nothave Federalism implications because it does nothave substantial direct effects on the States,
on the relationship between the nafional government and the States, or onthe distribution ofpower and responsibilities among the various levels ofgovernment, as specified in Executive Order 13132 (64FR 43255, August 10, 1999). This action merely approves state law implementing a Federal standard, and does not alter the relationship or the distribution ofpower and responsibilities established in the Clean Air Act. This rule also is not subject to Executive Order 13045 "Protection ofChildren from Environmental Health Risks and Safety Risks" (62 FR 19885, April 23, 1997), because itis not economically significant.

In reviewing SIP submissions, EPA's role is to approve state choices, provided that they meet the criteria of the CleanAir Act. In this context, in the absence ofa prior existing requirement' for the State to use voluntary consensds standards (VCS), EPA has no authority to disapprove a SIP submission for failureto use VCS. It would thusbe inconsistent with applicable law for EPA, when it reviews a SIP submission, to useVCS in place ofa SIP submission that otherwise satisfies the provisions of the Clean Air Act. Thus, the requirements ofsection 12(d)ofthe 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 ofthe Paperwork Reduction Act of 1995 (44 U.S.C. 3501 etseq.). The Congressional Review Act, 5 U.S.C. 801 etseq., as added bythe Small Business Regulatory Enforcement Fairness Act of 1996, generally provides thatbefore arule may take effect, the agency promulgating the rule must submit arule report, which includes a copy ofthe rule, to each House ofthe Congress and tothe Comptroller General ofthe United States. EPA will submit a report containing this rule and other required information to the U.S. Senate, 

### theU.S- House ofRepresentatives, and the Comptroller General oftheUnited States prior topublication ofthe rule in theFederal Register. A majorrule 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) ofthe Clean Air Act, petitions forjudicial reviewof this action must be filed in theUnited States Court ofAppeals for the appropriate circuitby September 2, 2008. Filinga petition for reconsideration bythe Administrator of this final rule does not affectthe finality ofthis rule for the purposes ofjudicial review nor does itextend the time within which a petition forjudicial 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 itsrequirements. (See section 307(b)(2).) List ofSubjects
40 CFR Part52

Environmental protection, Air pollution control, Carbon monoxide, Incorporation by reference, Intergovernmental relations, Reporting. and recordkeeping requirements.
40 CFRPart81

Environmental protection, Air pollution control, National parks, Wilderness areas.

Dated: April 2, 2008. Jane Diamond, ActingRegionalAdministrator, RegionIX.

mChapter I,title40 ofthe Code of Federal Regulations is amended as follows:
PART 52-fAMENDED]

m1.The authority citation forpart 52 continues toread as follows:

Authority: 42 U.S.C..7401 etseq. Su.bpartDD-Nevada

N 2. Section 52.1470 is amended by adding paragraphs (c)(68), (c)(69), (c)(70) and (c)(71) toread asfollows: 

### §52.1470 Identification of plan.

(c) * * * (68) The following plan revisionwas submitted onJune 3, 1994 by the Governor's designee.

(i)Incorporation by reference. (A) Nevada Division ofEnvironmental Protection.

(1) State Implementation Plan for a Basic Program for the Inspection and Maintenance ofMotor 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 ofEnvironmental Protection.

(1) State Implementation Plan for a Basic Program for the Inspection and Maintenance ofMotor 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 DistrictBoard of Health Meeting, September 22, 2005, Public Hearing-Amendments-Washoe County District Board ofHealth Regulations Governing Air Quality Management; to Wit: Rule 040.095 (Oxygen Content ofMotor 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 planrevision was submitted on November 2, 2006 bythe Governor's designee.

(i) Incorporation byreference. (A)Washoe County District Health Department. (1)Basic I/MPerformance Standard, excluding appendices A throughD.

(i)Washoe County District Board of Health Meeting, September 28, 2006, Public Hearing-State Implementation Plan (SIP)-"Basic Program-Inspection and Maintenance (I/M)ofMotor Vehicles-Truckee Meadows Planning Area, Nevada;" toWit: Basic Inspection and Maintenance (I/M)Performance Standard.

(ii)Additional material. (A)Washoe County District Health Department.

(1)Basic I/M Performance Standard, appendices Athrough D.

(71) .Thefollowing plan revision was submitted onMay 11, 2007by the Governor's designee.

(i) Incorporation by reference. (A) Nevada Division ofEnvironmental Protection.

(1)New oramended statutes related to mobile sources, including Nevada's vehicle inspection and maintenance program inLas.VegasValley/Boulder City ndTrudkee 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 motorvehicle 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 motorvehicles to be approved byDepartment ofMotor Vehicles," 445B.765, "Information concerning program for control of emissions from motorvehicles: Collection, interpretation and correlation; public inspection," 445B.770, "Regulations ofCommission: Control ofemissions from motor vehicles; program for inspection and testing ofmotorvehicles," 445B.775, "Regulations ofCommission: " Requirements forlicensing ofstations by Department ofMotor Vehicles," 445B.780, "Program for regulation of emissions fromheavy-duty motor vehicles; equipment usedto measure emissions; waiver from requirements of program," 445B.785, "Regulations of Department ofMotorVehicles: Licensing ofstations; performance of inspection and issuance ofevidence of compliance; diagnostic equipment; fee, bond or insurance; informational panphlet; distribution," 445B.790, "Regulations concerning inspection of stations; grounds fordenial, suspension
or revocation oflicense ofinspector or station," 445B.795, "Compulsory program for control ofemissions: Limitations," 445B.798, "Authority of Department ofMotor Vehicles, in larger counties, to conduct test ofemissions from motor vehiclebeing 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 ofcompliance: Duty of employees and agents ofDepartment of Motor Vehicles; submission byowner or lessee offleet," 445B.820, "Installation and inspection ofpollution control device," 445B.825, "Exemption of certain classes ofmotor vehicles; waiver from provisions ofNRS 445B.770 to 445B.815, inclusive," 445B.830, "Fees to be paid to Department ofMotor Vehicles; Pollution Control Account; expenditure ofmoney in Account; quarterly distributions tolocal governments; annual reports by local governments; grants; creation and duties of advisory committee; submission and approval ofproposed grants," 445B.832, "Surcharge for electronic transmission ofinformation: 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 ofportion offee 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 ofoffense;" chapter 481, sections 481.019, "Creation; powers and duties," 481.023, "Administration oflaws by Department; exceptions," 481.027, "General functions ofDepartment of Motor Vehicles and Department of Transportation respecting state highways," 481.031, "Office ofDirector ofDepartment created," 481.035, "Director ofDepartment: Appointment; classification; other employment prohibited; employment ofdeputies and staff," 481.047, "Appointment of personnel," 481.0473, "Divisions of Department," 481.0475, "Duties of Administrative Services Division," 481.048, ."Division ofCompliance Enforcement: Appointment and duties ofinvestigators," 481.0481, "Section for Control ofEmissions From Vehicles and Enforcement ofMatters Related to Use ofSpecial Fuel: Creation; appointment and duties ofinvestigators, officers and technicians," 481.051, "Powers and duties ofDirector: Generally," 481.0515, "Powers and duties ofDirector: References to names ofpersons in documents and records," 481.052, "Powers and duties ofDirector: Adoption ofdefinition of'seasonal resident' byregulation," 481.0535, "Powers and duties ofDirector: Expenditure ofappropriations to assist I 

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certain entities topurchase and obtain evidence; receipt and safekeeping of money," 481.055, "Department tokeep main office inCarson City; maintenance ofbranch offices," 481.057, "Offices of Department: Extended hours of operation," 481.063, "Collection and deposit offees for publications of Department and private use offiles and records ofDepartment; limitations on release anduse offiles andrecords; regulations," 481.065, "Acceptance of donations for programs for traffic safety," 481.079, "Money collected to be deposited inMotor Vehicle Fund; exception; dishonored payments; adjustment of deposits," 481.081, "Arrearage in tax,-fee orassessment administered byDepartment: Department authorized to file certificate; certificate as lien; extension oflien," 481.082, "Arrearage in tax, fee or assessment administered by Department: Release or subordination of lien; certificate issuedby Department as conclusive evidence," 481.083, "Money for administration ofchapter; claims," and 481.087, "Administrative expenses deemed cost ofadministration of operation ofmotor vehicles on public highways;" chapter 482, sections 482.029, "Electric personal assistive mobility device defined," 482.155, "Enforcement ofprovisions ofchapter byDepartment, its officers and peace officers," 482.160, "Administrative regulations; branch offices; appointment ofagents and designation ofcounty
assessor as agent; compensation of certain agents," 482.162, "Department to adoptregulations setting forth criteria for determination ofwhether person is farmer orrancher; presentation of evidence to Department," 482.165, "Director toprovide forms," 482.170, "Records ofDepartment concerning registration and licensing," 482.171, "List ofregistered owners tobe provided for selection ofjury; reimbursement ofDepartment," 482.173, "Schedule for retention and disposition ofcertain records of Department," 482.175, "Validity of registration: Powers and duties of Department andregistered 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 ofcertain fees; use ofmoney in Account; transfer ofexcess balance to State Highway Fund," 482.181, "Governmental services taxes: Certification ofamount 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 intowritten agreements for periodic payment of delinquent taxes or fees; regulations," 482.188, "Waiver ofpenalty orinterest for failure timely to filereturn or pay tax,penalty or fee in certain circumstances," 482.205, "Registration required for certain vehicles," 482.206, "Periods ofregistration for motor vehicles; exceptions," 482.208, "Registration ofleased 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 ofregistration ofnew motor vehicles and to issue certificates ofregistration; duties ofdealer; 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 ofall applicable taxes and fees required for registration; refund oftax erroneously or illegally collected," 482.230, "Grounds requiring refusal ofregistration," 482.235, "Registration indexes and records; assignment ofregistration number by registered dealer," 482.240, "Issuance of certificates ofregistration and titleby Department or registered dealer; period ofvalidity ofcertificate," 482.245, "Contents ofcertificates ofregistration and title," 482.255, "Placement of certificate ofregistration; surrender upon demand ofpeace officer, justice of the peace or deputy ofDepartment; limitation on conviction," 482.260, "Duties ofDepartment ofMotor Vehicles and its agentsrelative to registration ofv~hicle; issuance of certificate oftitle; fees and taxes," 482.265, "License plates issued upon registration; stickers, tabs or other devices issued uponrenewal of registration; return ofplates; fee forand limitations on issuance of special' license plates," 482.266, "Manufacture oflicense plates substantially similar to license plates issuedbefore January 1, 1982: Written request; fee; delivery; duties ofDepartment; retention ofold plates authorized ifrequested plates contain same letters and numbers," 482.267, "License plates: Production at facility ofDepartment ofCorrections," 482.268, "License plates: Additional fee for issuance; deposit offee," 482.270, "License plates: General specifications; redesign; configuration ofspecial 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 ifcontinuously renewed; exceptions; issuance ofreplacement plates with same code after expiration of registration; fee," 482.2717, "License plates tobe issuedto automobile wreckers and operators ofsalvage pools," 482.272, "License plates: Motorcycles," 482.274, "License plates: Trailers," 482.275, "License plates: Display," 482.280, "Expiration and renewal ofregistration," 482.2805, "Department not to renew registration if local authority has filednotice of nonpayment pursuant to NRS 484.444; fee for service performed by Department," 482.2807, "Requirements forregistration iflocal government has filed notice ofnonpayment pursuant to NRS 484.444," 482.281, "Authority of Department ofMotor Vehicles to allow authorized inspection station or authorized station torenew certificates ofregistration; adoption ofregulations," 482.283, "Change ofname or place of residence: Notice to Department required; timing and contents of notice," 482.285, "Certificates, decals andnumber plates: Illegibility, loss, mutilation or theft; obtaining of duplicates or substitutes; fees and taxes," 482.290, "Assignment and recording ofnew number for identification ofvehicle ifoldnumber destroyed or obliterated; fee; penalty for willful defacement, alteration, substitution or removal ofnumber with intent todefraud," 482.385, "Registration ofvehicle ofnonresident

owner not required; exceptions; registration ofvehicle by person upon becoming resident ofthis State; penalty; taxes and fees; surrender or nonresident license plates and registration certificate; citation for violation," 482.461 "Failure ofmandatory test of emissions from engines; notification; cost ofinspection," 482.565, "Administrative fines forviolations other than deceptive trade practices; injunction or other appropriate remedy; enforcement proceedings;" and chapter 484, sections 484.101, "Passenger car defined," 484.644, "Device forcontrol ofpollution: Use required; disconnection or alteration prohibited; exceptions," and 484.6441, "Device for 

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control ofpollution: Penalty; proofof conformity may be required."

(2) New or amended rulesrelated to mobile sources, including Nevada's vehicle inspection and maintenance program inLas Vegas Valley/Boulder City and Truckee Meadows: Nevada Administrative Code, chapter 445B (January 2007 revision bythe 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 ofcompliance defined," 445B.4092, "Certified on-board diagnostic system defined," 445B.4096, "Class 1 approved inspector defined," 445B.097, "Class 1fleet station defined," 445B.098, "Class 2 approved inspector defined," 445B.4099, "Class 2 fleetstation 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 ofbusiness defined," 445B.420, "Evidence ofcompliance 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 motorhome 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 datatransmission 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 ofcertain services; prohibited acts; location," 445B.461, "Compliance byFederal Government, state agencies and political subdivisions," 445B.462, "Test station: Application for license to operate; inspection ofpremises; issuance of license," 445B.463, "Test station: Grounds for denial, revocation or suspension oflicense; reapplication; permanent revocation oflicense," 445B.464, "Test station: Hearing concerning denial, suspension or revocation oflicense," 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 oflicenses," 445B.467, "Authorized station or authorized inspection station: Disbursement, release or refund ofbond or deposit," 445B.468, "Authorized stations and authorized inspection stations: Scope of coverage ofbond or deposit," 445B.469, "Authorized station or authorized inspection station: Posting ofsigns and placards," 445B.470, "Test station: Display oflicenses; availability of reference information," 445B.471, "Test station: Advertising; provision by Department ofcertain informational material forpublic," 445B.472, "Test station: Records ofinspections and repairs; inspection ofplace ofbusiness; audit ofexhaustgas analyzers," 445B.473, "Test station: Notice of wrongfully distributed or received vehicle inspection reports; inventory of vehicle inspection reports," 445B.474, "Test station: Failureto 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 oflicense,"- 445B.490, "Hearing on suspension or revocation oflicense," 445B.491, "Temporary suspension or refusal to renew license," 445B.492, "Duration of suspension; surrender oflicense," 445B.493, "Limitation on reapplication after revocation or denial or license; surrender ofrevoked license; permanent revocation oflicense," 445B.495, "Contents oflicense," 445B.496, "Expiration oflicense," 445B.497, "Requirements for renewal oflicense," 445B.498, "Performance ofemission inspection without license prohibited; expiration oflicense; license ratings," 445B.4983, "Issuance ofaccess code to approved inspector; use ofaccess code and identification number," 445B.4985, "Violations," 445B.499, "Fees," 

### 445B.501, "Report ofchange inplace of employment ortermination of employment," 445B.502, "Submission ofcertificate ofemployment toreport change," 445B.5049, "Connection to stateelectronic data transmission system," 445B.505, "Availability oflist ofapproved analyzers andtheir specifications," 445B.5052, "Approved analyzer: Use and equipment; deactivation byDepartment," 445B.5055, "Revocation ofapproval of analyzer," 445B.5065, "Manufacturer of approved analyzer: Required warranty," 445B.5075, "Manufacturer ofapproved 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 onvisible emissions and on idling ofdiesel engines," 445B.577, "Devices used on stationaryrails: Restrictions onvisible emissions," 445B.578, "Exceptions to restrictions on visible emissions," 445B.579, "Inspection ofvehicle: Devices for emission control required," 445B.580, "Inspection ofvehicle: Procedure for certain vehicles with model year of 1995
or older and heavy-duty vehicles with model year of1996 or newer," 445B.5805, "Inspection ofvehicle: Procedure for light-dutyvehicles with model year of1996 or newer," 445B.581, "Inspection ofvehicle: Place and equipment for performance," 445B.5815, "Inspection ofvehicle: Certified oa-board diagnostic systems," 445B.582, "Repair ofvehicle; reinspection or testing," 445B.583, "Evidence ofcompliance: Purpose; records," 445B.584, "Evidence of compliance: Purchase ofvehicle inspection report numbers," 445B.585, "Evidence ofcompliance: Issuance by approved inspector," 445B.586, "Evidence ofcompliance: Return of fee," 445B.587, "Test oflight-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 ofapproved equipment," 445B.589, "Testing of light-duty motor vehicles powered by diesel engines: Procedure; certificate of compliance; effect offailure; lack of proper fuel cap," 445B.5895, "Dissemination oflist ofauthorized stations," 4458.590, "Waiver of standards for emissions," 445B.591, "Form for registration ofvehicle in area where inspection ofvehicle not 

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required," 445B.5915, "Requirements for registration ofvehicle temporarily being used and maintained inanother state," 445B.592, "Applicability of certain standards for emissions and other requirements," 445B.593, "Evidence ofcompliance required for certain vehicles based in Clark County," 445B.594, "Evidence ofcompliance required for certain vehicles based in Washoe County," 445B.595 (excluding subsection(2)), "Inspections ofvehicles 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 ofmaximum fees for inspections and testing," 445B.600, "Procedure for settingnew fee," 445B.601, "Concealment of emissions prohibited," 445B.6115, "Exemption ofvehicle from certain provisions," 445B.6125, "Certification ofvehicle for exemption," 445B.7015, "Annual and additional inspections," 445B.7025, "Alteration ofemission control system ofvehicle used to conduct inspection," 445B.7035, "Preliminary written notice ofviolation; reinspection ofvehicle," 445B.7045, "Administrative fines and other penalties forcertain violations," 445B.727, "Administrative fines and otherpenalties," and 445B.735, "Program forlicensure to install, repair andadjust devices for control of emissions."

(ii)Additional material. (A) Nevada Division ofEnvironmental Protection.

(1)Correspondence dated March 6, 2007 from the Nevada Department of Motor Vehicles to the Nevada Division ofEnvironmental Protection describing
an upgrade to the NV2000 emission analyzer to make emissions testing possible on motorvehicles containing a certified on-board diagnostic system which uses controller area network communication.
PART 81-[AMENDED]

* 3. The authority citation forpart 81 continues to read as follows:

Authority: 42 U.S.C. 7401 etseq. Subpart C-Amended]

*14. In § 81.329, the table entitled "Nevada-Carbon Monoxide" is amended by revising the entry for the Reno area toread asfollows: §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..

1This 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

44CFR Part67
Final Flood Elevation Determinations
AGENCY: Federal Emergency Management Agency, DHS. ACTION: Final rule.
SUMMARY: Base (1% annual chance) Flood Elevations (BFEs) andmodified BFEs are-made final for the communities listed below. The BFEs and modified BFEs are thebasisfor the floodplain management measures that each community is required either to adopt or to show evidence ofbeing already in effect in order to qualify or remain qualified for participation in the National Flood Insurance Program (NFIP). DATES: The date ofissuance ofthe Flood Insurance Rate Map (FIRM) showing BFEs and modified BFEs for each community. This date may be obtained bycontacting 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 ofthe ChiefExecutive Officer ofeach 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 oflocal circulation and ninety (90) days haveelapsed since that publication. The Assistant Administrator ofthe Mitigation Directorate has resolved any appeals resulting from thisnotification.

This final rule is issuedin accordance with section 110 ofthe Flood Disaster Protection Act of 1973, 42 U.S.C. 4104, and 44 CFR part 67. FEMA has developed criteria for floodplain management infloodprone areas in accordance with 44 CFR part 60.

Interested lessees and owners ofreal property are encouraged to review the proof Flood Insurance Study and FIRM available at the address citedbelow for each community. The BFEs and * modified BFEs are made final inthe communities listed below.Elevations at selected locations in each community
are shown.

NationalEnvironmental PolicyAct. This final rule is categorically excluded fromthe requirements of44 CFR part 10, Environmental Consideration. An environmental impact assessment has not been prepared.

RegulatoryFlexibility Act.As flood elevation determinations arenot within the scope ofthe Regulatory Flexibility Act, 5 U.S.C. 601-612, a regulatory flexibility analysis isnot required.

RegulatoryClassification. This final rule isnot a significant regulatory action 

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under the criteria of section 3(f) of List ofSubjects in 44 CFR Part 67 Authority: 42 U.S.C. 4001 etseq.; Executive Order 12866 ofSeptember 30, Reorganization PlanNo. 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 Order13132,Federalism. and recordkeeping requirements. This final rule involves no policies that a Accordingly, 44 CFRpart 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 Order12988, CivilJustice PART 67-[AMENDED] follows: Reform. This final rule meets the applicable standards ofExecutive 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 ofJack--

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 ofJackson County, City ofBridgeport. 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 ofJackson 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 ofBridgeport 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 ofJackson 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. 

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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 availablefor inspection at Camden County Planning and Building Department, 107 Gross Road, Suite 3, Kingsland, GA 31548.

Cobb County, Georgia, *andIncorporated Areas Docket No.: FEMA-B-7753

Allatoona Branch

......................

Allatoona Creek

........................

Bishop Creek

............................

Blackjack Creek

........................

Butler Creek

..............................

Campgound Creek

....................

Concord Creek

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

..................

Due West Creek

.......................

Eastside Creek

.........................

Elizabeth Branch

.......................

Favor Creek

..............................

Hope Creek

...............................

Laurel Creek

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

....................

Little Allatoona Creek

...............

Little Noonday Creek

................

Lost Mountain Creek

................

Luther Ward 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 SumitWood 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 theconfluence 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 1,875feet 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 ofAlmon Drive
.................. At Confluencewith Wildhorse Creek

......................................... Approximately 1,850 feet upstream of the confluence with

Wildhorse Creek. Approximately 1,525 feet upstream of confluence of Mud

Creek. Approximately 1,700feet upstream of LutherWard 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. 

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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

............................

Mill Creek No. 1

........................

Mill Creek No. 2

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

.............

Mud Creek

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

........................

Noonday Creek

.........................

NoondayTributary No. 3

..........

NoondayTributary 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 2,000feet 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 300feet upstream of Clay Road

................

Approximately 225 feet downstream ofTower Road

................ Approximately 2,525 feet upstream of confluence of Sweetwater Creek. Approximately 50 feet downstream of Hill Street

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

................. Approximately 600feet 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 confluencewith 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. 

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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 600feet 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 SaxonyGlen

.................... 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 feetdownstream 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 1,275feet 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 ofAcworth. 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. StephensonAvenue, Kennesaw, GA 30144. City of Marietta Maps are available for inspection at Development and Inspection Department, 205 Lawrence Street, Marietta, GA 30060. Cityof Powder Springs R1 6

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### Federal Register/Vol. 73, No. 129/Thursday; 'July T3,2008/Rules and Regulations

*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 availablefor 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 Areasof 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 availablefor inspection at 112 South 17th Street, Parsons, KS 67357. Unincorporated Areas of Labette County Maps are availablefor 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 2,200feet downstream of Russell Avenue

....... +1002

+1002 +1075 Unincorporated.Areas of Jefferson County, City of Baneberry, Town of Dandridge. Unincorporated Areas ofJefferson County,Town of Jefferson City. 

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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 availablefor inspection at P.O. Box 249, Dandridge, TN 37725. Town of Jefferson City Maps are availablefor inspection at P.O. Box 530, 112 West Broadway Boulevard, Jefferson City, TN 37760. Unincorporated Areas ofJefferson County Maps are availablefor 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 2,040feet 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 240West Gaines Street, Lawrenceburg, TN 38464.

(CatalogofFederal Domestic Assistance No. 97.022, Flood Insurance.)

Dated: June 25, 2008. David I.Maurstad, Federal Insurance Administrator ofthe National FloodInsurance Program, Department of

HomelandSecurity,Federal EmergencyManagement Agency. [FRDoc. 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: Finalrule. SUMMARY: In response to a Noticeof ProposedRuleMaking,the Audio Division issues a ReportandOrder granting a petition for rule making filed by Moy Communications, Inc. requesting the allotment ofChannel 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 of3.2 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 ofthe Commission's Report andOrder, MB Docket No. 08-12, adopted June 11, 2008, and released June 13, 2008. The Notice of Proposed RuleMakingproposed the allotment of Channel 243C1 at Dededo, Guam. See 73 FR 9515, published February 21, 2008. The fulltext ofthis Commission decision is available for inspection and copying duringregular business hours at the FCC's Reference Information Center, Portals II, 445 Twelfth Street, SW., Room CY-A257, Washington, DC 20554. The complete text ofthis 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 ofthis Reportand Orderin a report tobe sent to Congress and the Government Accountability Office pursuant to the Congressional Review Act, see 5 U.S.C. 801(a)(1)(A). 

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List ofSubjects in 47 CFR Part 73

Radio, Radio broadcasting.

a As stated in thepreamble, the Federal Communications Commission amends 47 CFR part 73 as follows:
PART 73-RADIO BROADCAST SERVICES
E 1. The authority citation forpart 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 ofFM Allotments under Guam, is amended by adding Dededo, Channel 243C1. Federal Communications Commission. John A. Karousos, AssistantChief, AudioDivisionMedia Bureau. [FRDoc. 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 ofKatherine Pyeatt, allots FM. Channel 256C3 atHarper, 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 ofHarper atthe following.reference coordinates: 30-16- 20 North Latitude and 99-07-25 West Longitude. Concurrence in the allotment by the Government ofMexico is required because the proposed allotment is located within 320 kilometers (199 miles) ofthe U.S.- Mexican border. Although Mexican

concurrence has been requested, notification has not been received. Ifa construction permit for Channel 228C3 at Paulden, Arizona, is granted priorto receipt offormal 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 ifspecifically objected to by the Government ofMexico." In addition, the allotment ofChannel 256C3 at Harper,Texas, is subject to the final outcome ofMM Docket No. 00-148 and MB Docket No. 05-112, and the Harper channel will notbe available for auction until the dismissals ofmutuallyexclusive 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 ofthe Commission's Report and Order,MB DocketNo. 07-211, adopted June 11, 2008, and released June 13, 2008. The full text ofthis 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 ofthis decision also maybe purchased from the Commission's duplicating contractor, BestCopy 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 ofthis Reportand Orderin areport tobe sent to Congress and the Government Accountability Office pursuant tothe Congressional Review Act, see 5 U.S.C. 801(a)(1)(A). List ofSubjects in 47 CFR Part 73

Radio, Radio broadcasting. * As stated inthepreamble, the Federal Communications Commission amends 47 CFRpart 73 as follows:
PART 73-RADIO BROADCAST SERVICES
* 1.Theauthority citation forpart 73 continues toread as follows:

Authority: 47 U.S.C. 154, 303, 334, 336. §73.202 [Amended]

w2. Section73.202(b), theTable ofFM Allotments underTexas, is amended by adding Harper, Channel 256C3. Federal Communications Commission.. JohnA. Karousos, AssistantChief, AudioDivision, Media Bureau. [FRDoc. 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 ofthe Caribbean, Gulf of Mexico, and South Atlantic; Reef Fish Fishery of the Gulfof 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 theReef Fish Resources ofthe Gulf ofMexico (FMP) preparedby the Gulf ofMexico 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 arecreational quota for greater amberjack and recreational catch limits forgray triggerfish, increases the commercial and recreational minimum size limit forgray triggerfish, increases the recreational minimum size limitfor greater amberjack, and reduces the greater amberjackbag limit to zero for captain and crew ofa vessel operating
as a charter vessel orheadboat. In addition, Amendment 30A establishes management targets and thresholds for gray triggerfish consistent with the requirements,ofthe Sustainable Fisheries Act. This final rule is intended to endoverfishing ofgreater amberjack and gray triggerfish and torebuild these stocks to sustainable levels. DATES: This final rule is effective August 4, 2008. ADDRESSES: Copies ofthe Final Supplemental Environmental Impact Statement (FSEIS), the Final Regulatory Flexibility Analysis (FRFA), and the Record ofDecision (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 ofthe GulfofMexico is 

### 38139

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