Notice is hereby given that the following changes have been made to the proposed rule in accordance with subparagraph 120.54(3)(d)1., F.S., published in Vol. 34 No. 35, August 29, 2008 issue of the Florida Administrative Weekly.

The department is making changes to the above-referenced rulemaking due to comments received into the record of the rule adoption hearing. The changes to paragraph 62-285.400(9)(a), F.A.C., clarify the Department’s intent to require that manufacturers be subject to the same standards in Florida as in California. The rule is also amended to add new subsection 62-285.400(10), F.A.C., which requires the department to initiate proceedings to repeal the rule if certain actions are taken by the federal government.

62‑285.400 Adoption of California Motor Vehicle Emission Standards.

(1) through (8) No change.

(9) Incorporation by Reference.

(a) For purposes of applying the incorporated sections of the CCR, “California” means “Florida,” including in the context of “produced and delivered for sale,” and “placed in service,” ~~and” annual sales,”~~ unless otherwise specified in this rule or the application is clearly inappropriate. "California Air Resources Board" and “Executive Officer” mean the California Air Resources Board and its Executive Officer. “California annual sales” and “annual sales” refer to sales in the State of California.

(b) No change.

(10) If the federal government establishes an equivalent or more stringent nationwide standard for reduced vehicle greenhouse gas emissions, compared to this rule, either directly or through fuel efficiency standards, the department shall initiate proceedings to repeal this rule.

Specific Authority 403.061 FS. Law Implemented 403.031, 403.061 FS. History–New________.