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Petition No. P2004-27

LCB File No. R035-05

Nevada Administrative Code: NAC 445B

Description of Petition: (Note: the SEC approved this regulation as a temporary regulation on November 30, 2004, The intent of the regulation remains unchanged and is now proposed as a permanent regulation.) The proposed regulation clarifies and updates the Inspection & Maintenance (I/M) provisions of NAC 445B and brings them into alignment with the NRS. The amendments bring diesel vehicles with a gross vehicle weight rating (GVWR) from 8,500 up to and including 10,000 pounds into the I/M program as per AB 36. It also aligns the Clark County I/M program area in the NAC with what is in the Nevada I/M State Implementation Plan and clarifies which areas are included in the Washoe County I/M program and which are exempt.

This regulation has an economic effect on selected diesel vehicle owners and fleets. In the emissions testing areas of Washoe and Clark Counties, diesel-powered vehicles with a GVWR noted above require an annual test before registering. Each year, Nevada Department of Motor Vehicles (DMV) sets a maximum fee for emissions tests; in 2004, it was $39.00 in Clark and $36.00 in Washoe Counties respectively.

There are no additional costs to the agency (DMV) for enforcement of the proposed regulation, the regulation does not overlap or duplicate any regulations of other state, federal or local agencies, and the regulation is no more stringent than what is established by federal law. Fees collected by the DMV from the emissions testing program are used as specified in NRS 445B.830.

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