G/TBT/N/USA/1793/Add.1  
 
12 October 2022  
(22-7657) Page: 1/2 
Committee on Technical Barriers to Trade  Original: English  
 
NOTIFICATION  
Addendum  
The following communication , dated  12 October 2022, is being circulated at the request of the 
delegation of the United States of America . 
 
_______________  
 
 
Title:  Commercial Harbor Craft Regulation  
 
Reason for Addendum:  
[X] Comment period changed - date:  25 October 2022  
[ ] Notified measure adopted - date:  
[ ] Notified measure published - date:  
[ ] Notified measure enters into force - date:  
[ ] Text of final measure available from1:  
[ ] Notified measure withdrawn or revoked - date:  
Relevant symbol if measure re -notified:   
[ ] Content or scope of notified measure changed  and text available from1:  
New deadline for comments (if applicable):   
[ ] Interpretive guidance issued and text available from1:  
[X] Other:  
Proposed Second 15 -Day Modifications to the Proposed Regulation Order: 
https://ww2.arb.ca.gov/sites/default/files/barcu/regact/2021/chc2021/2n d15dayatta.p
df 
Second Notice of Public Availability of Modified Text and Availability of Additional 
Documents and Information: 
https://ww2.a rb.ca.gov/sites/default/files/barcu/regact/2021/chc2021/2nd15daynotice
.pdf 
https://members.wto.org/crnattachments/2022/TBT/USA/22_6884_00_e.pdf  
https://members.wto.org/crnattachments/2022/TBT/USA/22_6884_01_e.pdf  
 
Description:  TITLE: Commercial Harbor Craft Regulation  
AGENCY: Environmental Protection Agency, Air Res ources Board, State of California  
ACTION: Proposed Second 15 -Day Modifications to the Proposed Regulation Order  
SUMMARY: On 8 September 2022, the State of California Office of Administrative Law (OAL) issued 
a Decision of Disapproval of Regulatory Action t hat identified 17 subsections of the proposed 
 
1 This information can be provided by including a website address, a pdf attachment, or other 
information on where the text of the final /modified  measure and/or interpretive guidance can be obtained.  G/TBT/N/USA/1793/Add.1  
 
- 2 - 
 
  regulatory text that OAL determined did not comply with the clarity standard of Government Code 
section 11349, subdivision (c) , and California Code of Regulations (Cal. Code Regs.), Title 1, Section 
16. CARB staff is working to remediate the issues identified in OAL's written decision and is planning 
to resubmit the Proposed Amendments to OAL to ensure that OAL will be able t o confirm that the 
Proposed Amendments comply with the requirements of section 11349 prior to 1 January 2023, the 
first effective date of the Proposed Amendments. CARB has until 6 January 2023 to file a resubmittal 
package.  
CARB is announcing a second supp lemental period during which the public may comment on 
additional proposed modifications to the Proposed Amendments to the Commercial Harbor Craft 
(CHC) Regulation (Proposed Amendments). The Proposed Amendments include modifications to the 
regulatory langu age to address the concerns noted by OAL in its Decision of Disapproval of 
Regulatory Action, and to provide greater clarification and enforceability of the Proposed 
Amendments. Modifications to two sections of the Cal. Code Regs. are suggested; to Title 17, Division 
3, Chapter 1, Subchapter 7.5, Section 931 18.5 and to Title 13, Division 3, Chapter 5.1, Section 
2299.5. 
A summary of the newly proposed modifications can be found in the Second 15 -Day Notice (which 
is the text associated with this notification).  
Other relevant documents are:  
OAL's "Notice of Disapproval of Regulatory Action," OAL File No. 2022 -0721-09S 
OAL's "Decision of Disapproval of Regulatory Action"  
CARB Response Letter to OAL's Decision  of Disapproval  
WTO Members and their stakeholders are asked to submit comments to the USA TBT Enquiry Point  
by or before 4pm Eastern Time  on 25 October 2022. Comments received by the USA TBT Enquiry 
Point from WTO Members and their stakeholders will be shared with the regulator if received within 
the comment period.  
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