Notice of Intent to act upon regulations State of Nevada ...

August 26, 2020

NOTICE OF INTENT TO ACT UPON REGULATIONS

Notice of Hearing for the Adoption of Regulations of the Department of Public Safety. LCB File No. R129-18

The Department of Public Safety will hold a public hearing at 9:00am on the 26th day of August of 2020, at The Office ofTraffic Safety, 107 Jacobsen Way, Carson City, NV 89711. The purpose of the hearing is to receive comments from all interested persons regarding the Adoption of Regulations that pertain to

chapter 486 of the Nevada Administrative Code.

Those persons who cannot attend in person may participate via a Zoom meeting or via telephone call. (zoom.us/j/94222741066) Meeting ID: 942 2274 1066 Dial in number 1 (301) 715-8592 Meeting ID: 942 2274 1066

The following information is provided pursuant to the requirements of NRS 233B.0603:

? The need for and purpose of the proposed regulations.

This proposed regulations are needed to implement the requirements of NRS 486.372 1.(d) to "Adopt rules and regulations which are necessary to carry out the Program".

? For temporary regulation, the terms or substance of the proposed regulation or a description of the subjects and issues involved.

These are permanent regulations so this section is not applicable.

? For permanent regulation, a statement explaining how to obtain the approved or revised text of the proposed regulation prepared by the Legislative Counsel pursuant to NRS 233B.063.

A copy of the proposed regulations may be obtained at the hearing or by visiting the Nevada Rider Motorcycle Safety Program website at . The proposed regulations may also be obtained by contacting Peter Vander Aa at the Nevada Rider Motorcycle Safety Program 775-684-7480 orTSafety@dps.state.nv.us.

? The estimated economic effect of the regulation on the business which it is to regulate and on the public. These must be stated separately and in each case must include:

Both adverse and beneficial effects: and

Adverse -The Department does not anticipate an adverse economic impact on businesses.

Beneficial- The Department does not anticipate an economic benefit to businesses.

Both immediate and long-term effects

Immediate -The Department does not anticipate any immediate economic effect on businesses.

Long-term - The Department does not anticipate any long-term economic effect on businesses.

? The methods used by the agency in determining the impact on a small business.

The Department reviewed the regulations and has determined that since there are no fees created, increased or decreased by these regulations, there is no impact to businesses.

? The estimated cost to the agency for enforcement of the proposed regulation.

The Department does not foresee any costs for the enforcement of the proposed regulations.

? A description of any citation to any regulations of other states or local governmental agencies which the proposed regulation overlaps or duplicates and a statement explaining why the duplication or overlapping is necessary. If the proposed regulation overlaps or duplicates a federal regulation, the notice must include the name of the regulating federal agency.

The proposed regulations do not overlap or duplicate any regulations of state, local or federal governmental agency regulating the same activity.

? If the regulation is required pursuant to federal law, a citation and description of the federal law.

The proposed regulations are not required pursuant to federal law.

? If the regulation includes provisions which are more stringent than a federal regulation that regulates the same activity, a summary of each provision.

The proposed regulations do not contain provisions that are more stringent than a federal regulation.

? Whether the proposed regulation establishes a new fee or increases an existing fee.

The regulations do not establish a new fee or increase an existing fee.

? For a temporary regulation, each address at which the test of the regulations may be inspected and copied.

These are permanent regulations so this section is not applicable.

Persons wishing to comment upon the proposed action of the Department of Public Safety may appear at the scheduled public hearing or participate through the Zoom meeting or telephone. Written comments, data, views or arguments are encouraged and may be mailed to:

Peter Vander Aa, Program Administrator Nevada Rider Motorcycle Safety Program DPS/Office of Traffic Safety 107 Jacobsen Way Carson City, NV 89711

Written comments may also be submitted via email to TSafety@dps.state.nv.us

Written submissions must be received by the Department of Public Safety on or before 5:00pm PST, August 18, 2020. If no person who is directly affected by the proposed action appears to request time to make an oral presentation, the Department of Public Safety may proceed immediately to act upon any written submissions.

A copy of this notice and the regulations to be adopted will be on file at the State Library, Archives and Public Records, 100 N. Stewart Street, Carson City, Nevada for inspection by members of the public during business hours. Additional copies of the notice and the regulation to be adopted will be available at the Department of Public Safety/Office of Traffic Safety, 107 Jacobsen Way, Carson City, Nevada 89711 and at the Department of Public Safety/Office of Traffic Safety, 4615 W. Sunset Rd., Las Vegas, Nevada 89118, and in all counties in which an office of the agency is not maintained, at the main public library, for inspection and copying by members of the public during business hours. This notice and the text of the proposed regulations are also available in the State of Nevada Register of Administrative Regulations, which is prepared and published monthly by the Legislative Counsel Bureau pursuant to NRS 233B.0653, and on the internet at . This notice and the text of the proposed regulations are also available on the internet at

Copies of this notice and the proposed regulation will also be mailed to members of the public at no charge upon request.

Upon adoption of any regulations, the agency, if requested to do so by an interested person, either before adoption or within 30 days thereafter, shall issue a concise statement of the principal reasons for and against its adoption and incorporate therein its reason for overruling the consideration urged against its adoption.

Members of the public who are disabled and may require accommodations or assistance at the meeting are requested to notify Peter Vander Aa at (775) 684-7480 or TSafety@dps.state.nv.us no later than five working days prior to the meeting.

This notice of hearing has been posted at the Department of Public Safety/Office of Traffic Safety locations:

DPS/Office of Traffic Safety 107 Jacobsen Way Carson City,NV 89711-0001

DPS/Office of Traffic Safety 4615 W. Sunset Rd. Las Vegas,NV 89118

This notice of hearing has been posted at the following library locations:

Carson City Library 900 North Roop Street Carson City,NV 89701-3101 Churchill County Library 553 South Main Street Fallon,NV 89406-3306 Clark County Library District 833 Las Vegas Boulevard North Las Vegas,NV 89101-2062 Douglas County Library 1625 Library Lane Minden,NV 89423-0337 Elko County Library 720 Court Street Elko,NV 89801-3397 Esmeralda County Library Corner of Fourth & Crook Street P.O. Box 430 Goldfield,NV 89013-0430

Eureka Branch Library 80 S. Monroe Street Eureka,NV 89316 Lincoln County Library 63 Main Street Pioche,NV 89043 Lyon County Library 20 Nevin Way Yerington,NV 89447-2399 Mineral County 110 West 1st Street Hawthorne,NV 89415 Tonopah Public Library P.O. Box 449 Tonopah,NV 89049 Pershing County Library 1125 Central Avenue Lovelock,NV 89419

Eureka County Library 10190 Monroe Street Eureka, NV 89316 Humboldt County Library 89 East 5th Street Winnemucca, NV 89445 Battle Mountain Branch Library 625 South Broad Street Battle Mountain, NV 89820

Storey County Treasurer and Clerk Office Drawer D Virginia City, NV 89440 Washoe County Library 301 South Center Street Reno, NV 89521 White Pine County Library 950 Campton Street Ely, NV 89301

(Proposed Regulations and Small Business Impact Statement on Next Pages)

PROPOSED REGULATION OF THE DIRECTOR OF PUBLIC SAFETY

LCB File No. R129-18

Small Business Impact Statement

Pursuant to NRS 233B.0608(1), the Director of Public Safety is required to make a determination whether its proposed regulations will: (a) impose a direct and significant economic burden upon small business, and (b) directly restrict the formation, operation, or expansion of small business. NRS 233B.0382 defines a small business to be any business that employs 150 or fewer employees.

The Director of Public Safety has considered the two factors in NRS 233B.0608(1) and also acknowledges the following:

1. The Director is statutorily directed by NRS 486.372.1(d) to adopt rules and regulations which are necessary to carry out the Program for Education of Motorcycle Riders and NRS 486.375(3) to adopt standards and procedures for the licensing of motorcycle instructors.

2. No fees are created, increased or decreased by these regulations.

Therefore, the Director makes the following finding:

1. The proposed regulation will not impose a direct and significant economic burden upon small business and will not directly restrict the formation, operation, or expansion of small business.

PROPOSED REGULATION OF THE DIRECTOR OF THE

DEPARTMENT OF PUBLIC SAFETY

LCB File No. Rl29-18

December 2, 2019

EXPLANATlON - Matter in it11fics is new; matter in brackets [Sffifltt!&ffia! ................
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