State of California 
Air Resources Board 
Second Notice of Public Availability of 
Modified Text and Availability of Additional 
Documents and Information 
Proposed Amendments to the Commercial Harbor Craft 
Regulation 
Public Hearing Date: November 19, 2021; March 24, 2022 
Public Availability Date: October 10, 2022 
Deadline for Public Comment: October 25, 2022 
This notice announces a second supplemental 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 two sections of the California Code of Regulations (Cal. Code Regs.) : 
title 17, division 3, chapter 1, subchapter 7.5 section 93118.5 and title 13, division 3, 
chapter 5.1, section 2299.5. 
On November 19, 2021 , the California Air Resources Board (Board or CARB) held its first 
public hearing to consider the Proposed Amendments. After considering staff’s presentation 
of the Proposed Amendments and all public comments received, Board members 
highlighted the need for emission reductions from CHC to meet air quality goals and to 
protect public health. The Board additionally directed staff to further evaluate the proposal 
with respect to four areas to maximize the penetration of zero- emission and cleaner 
combustion technologies in the marine sector, while minimizing the economic impact on 
CHC owners and operators, especially to small businesses and fleets owning a small number 
of vessels. These areas included existing and future incentive funding programs available to 
CHC owners, pathways to stre amline and lower the cost of compliance extensions when 
installing Tier 4 engines or diesel particulate filter aftertreatment is not technically and 
financially feasible, committing to an ongoing technology review covering the status of zero-
emission technology readiness for the marine sector, and considering a future zero- emission 
contingency measure that could be included as part of a future State Implementation Plan 
action to require more aggressive zero- emission technology mandates. 
In response to the Board’s direction, CARB staff carefully reviewed 3,280 written public 
comments, evaluated the verbal testimony from the November 19 hearing , followed up with 
stakeholders who submitted information into the rulemaking record, and hosted a public 
webinar on January 12, 2022, to receive input on staff’s proposed response to Board 
direction. 
1                
                
            
               
   
            
           
               
             
             
              
             
            
           
            
           
               
          
           
              
                
             
        
              
   
            
               
              
              
              
    
             
             
              
              
             
 
             
               
        
                
              
              On March 14, 2022, CARB staff posted written responses to the Draft Environmental Analysis 
(EA) and the Final EA for public review , and presented the Final EA, Response to Comments, 
Proposed Resolution 22-6, and recommended changes to the Proposed Amendments to the 
Board at its second public hearing . At the conclusion of that hearing, the Board adopted 
Resolution 22- 6. 
Resolution 22-6 directed the Executive Officer to make the modified regulatory language 
and any additional conforming modifications available for public comment, with any 
additional supporting documents and information, for a period of at least 15 days as required 
by Government Code section 11346.8. The Board further directed the Executive Officer to 
consider written comments submitted during the public review period and make any further 
modifications that are appropriate available for public comment for at least 15 days. The 
Executive Officer was given authority to both (1) either approve or disapprove proposed 
changes in regulatory language under Government Code section 11346.8, subsection (c), and 
(2) conduct any appropriate further environmental review associated with such changes, 
consistent with the Board’ s Certified Regulatory Program regulations, at Cal. Code Regs. , 
title 17, sections 60000 -60008, for those sufficiently related substantial modifications. 
On May 19, 2022, CARB issued a “Notice of Public Availability of Modified Text and 
Availability of Additional Documents and Information .” That notice outlin ed proposed 
modifications that provide d an additional extension pathway option through 2034 for 
Commercial Passenger Fishing Vessels that have replaced all onboard engines to mee t Tier 3 
or newer standards by the end of 2024, and to provide clarification of requirements, in areas 
where provisions were identified as potentially unclear. This Notice was published on CARB’s 
website for this rulemaking at https://ww2.arb.ca.gov/rulemaking/2021/chc2021. The 15 -Day 
comment period closed on June 3, 2022. Ten written comments were received during the 
15-day comment period. 
After considering the comments received during the 15-day comment period, the Executive 
Officer issued Executive Order R-22-003 on July 21, 2022, adopting the modified regulation . 
On July 21, 2022, CARB submitted the rulemaking package to the Office of Administrative 
Law ( OAL) for review and released the Final Statement of Reasons (FSOR). The Resolution , 
FSOR, and all other regulatory documents for this rulemaking are available online at the 
following CARB website: https://ww2.arb.ca.gov/rulemaking/2021/chc2021. 
On September 1, 2022 , OAL disapproved the rulemaking package . On September 8, 2022, 
OAL issued a “Decision of Disapproval of Regulatory Action,” that identified 17 subsections 
of the proposed regulatory text that OAL determined did not comply with the clarity 
standard of Government Code section 11349, subdivision (c), and Cal. Code Regs., title 1, 
section 16. OAL’s “Decision of Disapproval of Regulatory Action” is available at: 
https://ww2.arb.ca.gov/sites/default/files/barcu/regact/2021/chc2021/chc_oal_disapproval_d 
ecision.pdf . 
This notice describes further modifications made to the regulatory language 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. 
The text of the modified regulatory language is shown in Attachment A to this notice . CARB 
staff has addressed the issues identified in OAL’s written Decision of Disapproval in the 
modifications in the regulatory language in Attachment A to this notice and will timely 
2                  
           
              
              
              
              
              
              
         
               
            
             
             
           
  
            
              
      
              
               
          
            
            
             
               
             
     
              
             
             
            
               
             
             
          
             
       
             
            
             
            resubmit the Proposed Amendments to OAL to ensure that OAL will be able to confirm that 
the Proposed Amendments comply with the requirements of Government Code section 
11349.1 well before January 1, 2023, the first effective date of the Proposed Amendments. 
The originally proposed language is shown in underline to indicate additions and strikeout to 
indicate deletions from the existing regulatory text. The proposed changes set forth in the 
May 19, 2022, 15-day changes are shown in bold double underline to indicate additions, 
and bold double strike out to indicate deletions. The proposed changes set forth in this 
notice that are made public with this notice are shown in italicized double -underline to 
indicate additions, and italicized double -strikeout to indicate deletions. 
In an addendum to the FSOR , staff will respond to all timely-filed comments received during 
the noticed comment period. The Administrative Procedure Act requires that staff responds 
to timely comments received regarding all noticed changes. Therefore, staff will only address 
comments received during this second 15-day comment period that are responsive to this 
notice or the changes detailed in Attachment A of this notice . 
Summary of Proposed Modifications 
The following summary does not include all modifications to correct typographical or 
grammatical errors, changes in numbering or formatting, nor does it include all of the non-
substantive revisions made to improve clarity. 
1. In subsection 93118.5(d), in the definition of “Category 3 Engine,” staff replaced the 
words “of greater than” with “at or above” to reflect that engines with exactly 30 
liters per cylinder displacement are defined as Category 3 Engines. 
2. In subsection 93118.5(d), staff added a definition for “Commercial Passenger Fishing 
Logbook (CPFV Logbook) ” to mean “the record of fishing activities that California 
CPFV operators are required to submit to the California Department of Fish and 
Wildlife (CDFW) as described in CCR, title 14, division 1, subdivision 1, chapter 6.5.” 
This definition clarifies one potential means for vessel owners to comply with the 
reporting requirements in subsection 93118.5(m)(21)(C). 
3. In subsection 93118.5(d), in the definition of “Direct Control,” staff deleted the phrase 
“and being responsible for the majority of commercial activity at a given location ,” 
added “the authority” before “to control the affairs of facility operations ,” and added 
“and ” before “using facility property” to remove ambiguity in the word “responsible” 
and to add specificity to the definition while not changing its intent. Th is edit clarif ies 
proposed language that was disapproved by OAL as not meeting the clarity standard 
in Government Code section 11349, subdivision (c), and Cal. Code Regs ., title 1, 
section 16, as stated in section 1.16 of its memo. 
4. In subsection 93118.5(d), staff added a definition for “Greenhouse Gas (GHG)” to 
specify which gases are defined as GHGs. 
5. In subsection 93118.5(d), in the definition of “Grid -Neutral,” staff edited the definition 
to align with the existing definition in 17 CCR 93130.2(b)(38) for clarity. 
6. In subsection 93118.5(d), in the definition of “Rebuild,” staff replaced the phrase 
“using both new and re-conditioned parts” with “using new or re-conditioned parts” 
3                 
          
             
           
             
            
               
    
            
             
             
              
            
             
            
    
               
         
              
               
     
           
               
            
               
              
              
              
                
               
               
               
           
               
             
             
                    
            
                 
                 
              
            
           to clarify that a rebuild can include new or reconditioned parts and does not mean 
that a rebuild must use both new and reconditioned parts. 
7. In subsection 93118.5(d), in the definition of “Renewable Diesel,” staff added the 
abbreviated names “R100” and “R99” to the definition, removed the non-specific 
reference to federal registration requirements, and added a date (May 1982) to the 
ASTM reference for clarity. Staff also added the sentence “’Renewable Diesel’ can 
mean either a blend of 99 percent ‘R99,’ or 100 percent ‘R100 ’ renewable diesel by 
volume ” for additional clarity. 
8. In subsection 93118.5(d), in the definition of “Repower,” staff replaced “means 
replacing a used engine with a brand new or reconditioned engine meeting current 
emission standards in effect at the time of repower. Repower includes major engine 
repairs on a damaged engine requiring a new engine block” with “means replacing an 
existing engine with another engine that meets required emission standards in effect 
at the time of replacement. Repower includes engine repairs on a damaged engine 
requiring a different engine block” to provide additional clarify without changing the 
meaning of the definition. 
9. In subsection 93118.5(d), staff added a definition for “Shift or Crew Change” to clarify 
requirements in subsection (h)(1)(E). These amendments clarify proposed language 
that was disapproved by OAL as not meeting the clarity standard in Government Code 
section 11349, subdivision (c), and Cal. Code Regs., title 1, section 16, as stated in 
section 1.7 of its memo. 
10.In subsection 93118.5(e)(2), staff replaced the sentence beginning with “Beginning 
January 1, 2023, in the event…” with the following: “ Beginning January 1, 2023, if an 
hour meter fails to properly operate in accordance with manufacturer specifications , a 
person subject to this section must, within 30 days, replace the hour meter that is 
failing to operate properly and report to CARB the date the hour meter stopped 
operating properly, the date the hour meter was replaced, and the hour readings of 
both the hour meter that failed to operate properly and the replacement hour meter 
as of the date of replacement. Beginning January 1, 2023, if an existing hour meter is 
replaced, a person subject to this section must, within 30 days, report to CARB the 
date the existing hour meter was replaced, and the hour readings of both the existing 
hour meter that was replaced and the replacement hour meter as of the date of 
replacement.” This paragraph was restructured to correct grammatical issues and to 
clarify that the hour meter readings required to be provided are that of both the 
meter being replaced and the new meter. This edit clarifies proposed language that 
was disapproved by OAL as not meeting the clarity standard in Government Code 
section 11349, subdivision (c), and Cal. Code Regs., title 1, section 16, as stated in 
section 1.10 of its memo. 
11.In subsection 93118.5(e)(8)(A), staff replaced “or is certified to meet performance 
standards in Tables 11, 12, or 13” with “ or is certified to meet both the most stringent 
marine standards (Tier 3 or Tier 4) or the Tier 4 Final off-road standards in effect on 
that date for a new engine with applicable horsepower rating and duty cycle rating 
and the applicable performance standards specified” to clarify that new and newly 
acquired in-use engines certified to applicable performance standards must also be 
4                  
     
             
                 
                
                  
                 
                
     
            
              
              
              
            
             
             
             
        
           
             
               
         
                
              
              
                
                
           
            
                 
              
            
             
           
     
             
              
              
                
            
  
           
              
            
                certified to the most stringent marine standards (Tier 3 or Tier 4) or Tier 4 Final off-
road standards . 
12.In subsection 93118.5(e)(8)(A) 3., staff replaced “Tier 3 or Tier 4 emission standards 
may be acquired for use if Tier 3 or Tier 4 standards are the most stringent” with 
“Tier 3 or Tier 4 marine standa rds or Tier 4 Final off-road standards may be acquired 
for use if the Tier 3 or Tier 4 marine standards or the Tier 4 Final off-road standards 
are the most stringent” to clarify intent, as expressed in the ISOR, page IV-9, that the 
rebuild option applies to engines rebuilt to Tier 3 or Tier 4 marine standards or to 
Tier 4 Final off-road standards. 
13.In subsection 93118.5(e)(8)(A)3. e., staff replaced “Emissions test data used to meet 
the requirements for U.S. EPA certification for systems providing a rebuild to a cleaner 
standard” with “For marine engines, emissions test data as specified in 40 CFR section 
1042.835 (d), as last amended on June 30, 2008, and section 1042.840 (n), as 
amended on October 25, 2016, which are incorporated by reference herein. For off -
road engines, the information specified in 40 CFR section 1068.120 (j), as last 
amended on October 25, 2016, which is incorporated by reference herein ,” to provide 
specificity on what information and test data applicants will need to provide . The 
informational requirements align with pre -existing EPA regulations. 
14.In subsection 93118.5(e)(9) (A)1., staff replaced “Regulated California Waters unless the 
tailpipe emissions from each propulsion and auxiliary engine on the vessel meets the 
applicable performance standards in Table 11, Table 12, or Table 13 set forth in this 
subsection. Propulsion or auxiliary engines meeting the applicable performance 
standards in Table 11, Table 12, or Table 13, using Tier 4 Final off-road engines in 
effect on the date of the vessel acquisition may be sold” with “Regulated California 
Waters unless each propulsion and auxiliary engine on the vessel is certified to the 
most stringent marine standards (Tier 3 or Tier 4), or the Tier 4 Final off-road standards 
in effect on the date of vessel acquisition that are applicable to a new engine with 
applicable horsepower rating and duty cycle rating, and the applicable performance 
standards defined in subsection (e)(9) . Propulsion or auxiliary engines that are certified 
to the Tier 4 Final off-road standards in effect on the date of vessel acquisition for a 
new engine with applicable horsepower rating and duty cycle rating and that meet the 
applicable performance standards defined in subsection (e)(9) may be sold” to clarify 
that engines on new vessels must be certified to applicable new engine certification 
standards and must also comply with performance standards , and all performance 
standards in subsection (e)(9) apply . 
15.In subsection 93118.5(e)(9)(A)2., staff replaced “engines rated less than 600 kW shall 
meet the tailpipe emission performance standards in Table 11 if Tier 4” with “engines 
rated less than 600 kW shall meet Tier 4 marine standards and the performance 
standards in Table 11 of subsection (e)(9) if Tier 4” to clarify that engines less than 
600 kW must meet both Tier 4 marine certification standards and performance 
standards. 
16.In subsection 93118.5(e)(9)(A) 4., staff replaced “New excursion vessels and short -run 
ferries must meet performance standards listed in Tables 11, 12, or 13 if acquired” 
with “Each propulsion and auxiliary engine on new excursion vessels and short -run 
ferries must be certified to the most stringent marine standards (Tier 3 or Tier 4), or 
5                  
             
            
               
          
       
             
           
             
             
            
               
            
               
              
               
            
            
             
            
               
               
              
             
              
        
             
              
            
            
               
           
             
              
              
             
            
                
            
                  
              
              
              
             
             the Tier 4 Final off-road standards in effect on that date such vessels are acquired tha t 
are applicable to a new engine with applicable horsepower rating and duty cycle 
rating, and must also meet applicable performance standards listed in subsection (e)(9) 
if such vessels are acquired” to clarify staff’s original intent that for new ferries and 
excursion vessels, engines must meet both certification and performance standards, 
and the more stringent performance standard applies. 
17.In subsection 93118.5(e)(9)(A), in Table 11, staff added a column listing the 
performance standard for HC emissions and a column listing the performance 
standard for CO emissions to clarify that these pollutants are included in the 
performance standards in subsection (e)(9). Staff also added a footnote (a) that states 
“Converted emission standards from 400 CFR part 1042 , which are expressed in 
g/kW- hr, to g/bhp- hr in Table 11 by the following: g/kW-hr * (0.746) = g/bhp- hr” to 
clarify that the performance standards align with 40 CFR part 1042 . 
18.In subsection 93118.5(e)(9)(A) , in Table 12, staff replaced the “>30.0” in the last three 
rows with “≥30.0” to correctly reflect that Category 3 Engines are defined as having 
displacement greater than or equal to 30 liters per cylinder. Staff also added a column 
listing the performance standard for CO emissions and added HC emissions to 
applicable engine categories to clarify that these pollutants are included in the 
performance standards in subsection (e)(9). Staff also added footnotes (a), (b), and (c) 
that state “Converted emission standards from 400 CFR part 1042, which are 
expressed in g/kW- hr, to g/bhp- hr in Table 12 by the following: g/kW- hr * (0.746) = 
g/bhp- hr,” “The C3 Tier 3 standard is for NOx and HC respectively in g/bhp- hr,” and 
“N is the maximum test speed of the engine in revolution s per minute (rpm) ,” 
respectively, to clarify that the performance standards align with 40 CFR part 1042, 
that the HC performance standard is included in the NOx standard for C3 engines , 
and that N is the maximum test speed . 
19.In subsection 93118.5(e)(9)(A), in Table 13, staff added a column listing the 
performance standard for CO emissions to clarify that th is pollutant is included in the 
performance standards in subsection (e)(9). Staff also added footnote (b) which states 
“Converted emission standards from 400 CFR part 1042, which are expressed in 
g/kW- hr, to g/bhp- hr in Table 13 by the following: g/kW- hr * (0.746) = g/bhp- hr” to 
clarify that the performance standards align with 40 CFR part 1042. 
20.In subsection 93118.5(e)(11)(A), staff added the phrase “no later than” before “three 
years prior” to clarify that ZEAT credit eligibility applies to ZEAT adopted at least 
three years prior to the compliance dates in Table 14. This edit clarifies proposed 
language that was disapproved by OAL as not meeting the clarity standard in 
Government Code section 11349, subdivision (c), and Cal. Code Regs., title 1, 
section 16, as stated in section 1.3.1 of its memo. Clarifying edits were also made to 
specify that the additional compliance time resulting from applying a ZEAT credit 
would apply to all of the in-use engines on a vessel to which the credit is applied. 
21.In subsection 93118.5(e)(11)(A), in Table 15, staff deleted the word “Maximum” in the 
header cell for additional compliance time , added “Note: The ZEAT credits in Table 15 
are only issued in three -and seven- year increments, subject to the condition that the 
length of the additional compliance time may not extend beyond December 31, 2034, 
pursuant to subsection (e)(11)(B)7” below Table 15, deleted the words “up to” before 
6               
            
              
                
              
            
               
           
             
               
       
            
            
             
             
             
                
              
            
              
               
             
            
             
             
                 
              
            
             
          
             
              
               
             
              
    
             
               
              
                
              
            
         “seven additional years” in the example following Table 15, and added “However, the 
additional compliance time may not extend past December 31, 2034” to the 
paragraph below Table 15. These edits clarify that the ZEAT credit is granted in 
increments of 3 or 7 years but may not be used to delay compliance past December 
31, 2034. Th ese edits clarif y proposed language that was disapproved by OAL as not 
meeting the clarity standard in Government Code section 11349, subdivision (c), and 
Cal. Code Regs., title 1, section 16, as stated in section 1.3.2 of its memo. 
22.In subsection 93118.5(e)(11)(B )7., staff replaced the phrase “Any combination of 
multiple ZEAT credits…” with “Any ZEAT credit or combination of ZEAT credits…” to 
clarify that a single ZEAT credit may also not extend the compliance date of any 
engine or vessel past December 31, 2034. 
23.In subsection 93118.5(e) (12)(B)1 ., staff replaced “a person” with “no person,” deleted 
the phrase “who owns, operates, sells, purchases, offers for sale, leases, rents, 
imports, or otherwise acquires a regulated in-use vessel with any marine or off -road 
diesel engines,” and replaced “an in-use vessel” with “a regulated in-use vessel” to 
clarify that this subsection applies to persons that already own or operate existing in-
use vessels on or after January 1, 2023, and to persons that are seeking to operate, 
acquire, lease, etc. other (i.e., distinct) in-use vessels on or after January 1, 2023. 
These edits clarify that the requirements specified in the compliance methods in 
(e)(12)(C) apply to persons that already own or operate existing in-use vessels on or 
after January 1, 2023. Other minor language edits were also added for clarity. This 
edit clarifies proposed language that was disapproved by OAL as not meeting the 
clarity standard in Government Code section 11349, subdivision (c), and Cal. Code 
Regs., title 1, section 16, as stated in section 1.8 of its memo. 
24.In subsection 93118.5(e)(12)(B)5., staff replaced the word “is” with the phrase “may 
be” to clarify that a vessel would only be eligible for the low-use exception if it met 
the engine tier level and operating hour limits as specified in subsection (e)(14). 
25.In subsection 93118.5 (e)(12)(B)6., staff replaced the word “locking” with “disabling” to 
clarify that an engin e that does not meet performance standards but remains installed 
on a vessel must be disabled to prevent operation. 
26.In subsection 93118.5(e)(12)(C)1., staff replaced “in-use engine at issue that meets the 
CARB performance standards in either Table 11, Table 12, or Table 13, as applicable, 
as set forth in subsection 93118.5(e)(9) in its certified condition by U.S. EPA or CARB” 
with “in-use engine at issue and that meets the applicable performance standards in 
subsection (e)(9) in its certified condition by U.S. EPA or CARB” to clarify the 
applicable performance standard requirements. 
27.In subsection 93118.5(e)(12)(C)2., staff replaced “If an engine does not meet CARB 
perfor mance standards in Table 11, Table 12, or Table 13 as set forth in subsection 
93118.5(e)(9), a person may” with “If an engine does not meet the most stringent 
marine standards (Tier 3 or Tier 4), or Tier 4 Final off-road standards applicable to a 
new engin e with the applicable horsepower rating and duty cycle rating as the in-use 
engine at issue, and the applicable performance standards in subsection (e)(9) , a 
person may” to clarify the applicable performance standard requirements. 
7            
                 
            
          
                
             
             
             
           
       
           
               
             
        
           
                 
            
                
            
             
 
            
            
            
            
              
            
            
               
     
          
              
              
              
            
             
      
          
           
             
            
            
          
             
                28.In subsection 93118.5(e)( 12)(C)3., staff replaced “tailpipe emissions otherwise meet 
the performance standards set forth Page 77 of 120 in Table 11, Table 12, or Table 13 
of subsection 93118.5(e)(9) using an Alternative Control of Emissions as outlined in 
subsection 93118.5(f) ” with “tailpipe emissions meet the most stringent marine 
standards (Tier 3 or Tier 4), or Tier 4 Final off-road standards applicable to a new 
engine with the applicable horsepower rating and duty cycle rating as the in- use 
engine at issue, and also the applicable performance standards in subsection (e)(9) ” 
to clarify that engines complying with this method must be certified to applicable 
engine certification standards and must also comply with performance standards, and 
all performance standards in subsection (e)(9) apply. 
29.In subsection 93118.5(e)(12)(C)4 .b., staff replaced “CARB ” with “the applicable ” and 
deleted “by U.S. EPA” to clarify that this subsection is referring to engines that meet 
all applicable performance standards in subsection (e)(9), and to reflect that Tier 4 
Final off-road engines also include CARB certified engines. 
30.In subsection 93118.5(e) (12)(D)2 .b., staff replaced “…work orders evidencing the date 
and work needed to rebui ld the engine to conform with Tier 3 or Tier 4 marine engine 
standards, and emissions…” with “… work orders evidencing that the engine was 
rebuilt to conform with Tier 3 or Tier 4 marine engine standards and the date the 
rebuild was completed, and emissions…” to clarify that the information required must 
substantiate that the work was actually done and that the compliance deadline was 
met. 
31.In subsection 93118.5(e)(12)(D)2 .c., staff added the sentence “An owner or operator 
electing to use Compliance Method D2 must submit the information specified in 
subsection (e)(12)(D)2.b. to the E.O.” Staff also replaced “a request” with “that 
information” and deleted the phrase “submitted by an applicant” in the subsequent 
sentence. These edits clarify that the informatio n required to be submitted to the E.O. 
is that in subsection (e)(12)(D)2.b. , which clarifie s the proposed language that was 
disapproved by OAL as not meeting the clarity standard in Government Code 
section 11349, subdivision (c), and Cal. Code Regs., title 1, section 16, as stated in 
section 1.15 of its memo. 
32.In subsection 93118.5(e)(12)(D)2.d., staff replaced the word “applicant” with 
“information” and deleted the reference to Table 16 as a correction to the language 
because Table 16, which provides compliance dates for pre-Tier 1 and Tier 1 engines, 
does not apply to this subsection, which pertains to Tier 3 and 4 rebuilds . 
33.In subsection 93118.5(e)(12)(E)2. d.i., staff added the word “standards” after “Tier 4 
Final off-road” to clarify that the engines being discussed are certified to t he 
standards corresponding with the engine tier. 
34.In subsection 93118.5(e)(12)(E)3.b.vi ., staff added “Such actions may include 
developing new business structures (e.g., forming a new corporation) or restructurin g 
existing accounting practices to pass some or all of the compliance costs associated 
with this regulation onto the consumers and entities receiving the applicant’s services, 
replacing existing engines with engines certified to more stringent marine engine or 
off-road certification standards, and procuring loans to finance anticipated compliance 
costs” to clarify examples of key actions applicants should include in the application 
and to match the intent as provided in the ISOR , p. IV-82. This edit clarifi es proposed 
8               
             
         
           
          
            
               
           
             
             
               
              
          
            
               
     
           
            
            
                       
             
           
           
            
            
            
            
            
                    
           
               
          
    
          
            
            
  
           
    
           
              
              
  language that was disapproved by OAL as not meeting the clarity standard in 
Government Code section 11349, subdivision (c), and Cal. Code Regs., title 1, section 
16, as stated in section 1.12 of its memo. 
35.In subsection 93118.5(e)(12)(E)3.d.iii., staff modified the sentence to state “Applicants 
must include documentation demonstrating that vessels have been engaged in 
commercial passenger fishing vessel activities at least 50 days per calendar year 
between January 1, 2023 and the date of the application, and a statement that the 
applicant intends to continue operating such vessels, in commercial passenger fishing 
vessel activities at least 50 days per calendar year throughout the requested extension 
period” to clarify that vessel owners and operators must document to CARB their 
intention to continue to operate their vessels as CPFV s as a condition of receiving the 
ten-year extension, and that CARB will accept a statement from the applicant to meet 
this docum entation requirement . This edit clarif ies proposed language that was 
disapproved by OAL as not meeting the clarity standard in Government Code 
section 11349, subdivision (c), and Cal. Code Regs., title 1, section 16, as stated in 
section 1.17 of its memo. 
36.In subsection 93118.5(e)(12)(E)3.d.iv ., staff modified the sentence to state “Applicants 
must describe and document the precise procurement decisions and actions the vessel 
owner or operator currently plans to undertake or has taken to demonstrate 
compliance with subsection (e)(12) by December 31, 2034, including the specific 
compliance method or methods in subsection (e)(12)(C) the vessel owner or operator 
expects will be utilized, and proposed schedules to request and receive loans from 
financial institut ions needed to cover the estimated costs associated with the 
identified compliance method or methods in subsection (e)(12)(C)” to clarify that 
applica nts must provide a good faith estimate of compliance plans, describ ing the 
precise procurement decisions the vessel owner or operator plans to undertake to 
demonstrate compliance , and that submitting the plans does not bind the vessel 
operator to those specific plans . This edit clarif ies proposed language that was 
disapproved by OAL as not meeting the clarity standard in Government Code 
section 11349, subdivision (c), and Cal. Code Regs., title 1, section 16, as stated in 
section 1.11 of its memo. 
37.In subsection 93118.5(e)(12)(E)3.d.vi ., staff added “owners and operators of” before 
“engines” to clarify that the owner or operator of the engine, not the engine itself, 
must meet the recordkeeping requirements of subsection (m)(21) and reporting 
requirements of subsection (o). 
38.In subsection 93118.5(e)(12)(E)3.d.vii., staff replaced “coordinate with, and contribute 
to” with “participate in” to clarify CARB’s expectation that CPFV owners and 
operators will participate in technical working group meetings ahead of the 2028 
midterm review. 
39.In subsection 93118.5(e)(12)(E)4.b.i., staff changed “should” to “must” to improve 
enforceability of the provision. 
40.In subsection 93118.5(e)(12)( E)5.a., staff deleted the word “not” before “renewable” 
to allow the scheduling extension E5 to be renewable, in response to recent feedback 
from industry that supply chain and scheduling issues are extending past one year in 
some cases. 
9             
          
          
           
             
             
                
              
            
          
         
            
               
              
            
              
                
              
       
            
              
              
        
         
         
             
             
                
       
              
            
           
            
             
  
             
              
                
                 
       
          
          
            41.In subsection 9311 8.5(e)(12)(E)5.b., staff replaced “capacities” with “delays” to clarify 
language without changing the meaning or intent of the provision . 
42.In subsection 93118.5(e)(12)(E)5.b.i., staff added “documentation that” to provide 
additional clarity and correct grammar. Staff also replaced “excessive difficulties” with 
“delays ” to clarif y propo sed language that was disapproved by OAL as not meeting 
the clarity standard in Government Code section 11349, subdivision (c), and Cal. Code 
Regs., title 1, section 16, as stated in section 1.13 of its memo. Staff also added 
“delays of inspections that are required to be conducted by local, state, or federal 
government agencies before the engine or equipment can operate” in response to 
recent industry feedback regarding possible delays experienced due to inspections 
required by agencies such as the U.S. Coast Guard. 
43.In subsection 93118.5(e)(12)(E)5.b.ii ., staff modified language to state “For new build 
vessel delays due to shipyard delays, a copy of the contract or agreement between the 
applicant and the shipyard that was executed at least 12 months prior to their 
compliance dates. The applicant must provide a letter demonstrating the reasons for 
the delay with documentation from the shipyard” to clarify staff’s intent that the copy 
of the contract should show that the contract was executed at least 12 month s prior to 
the compliance date, not exactly 12 months prior to the compliance date, and staff 
made other language edits for clarity. 
44.In subsection 93118.5(e)(12)(E)5., staff added a subsection (c) stating “Renewal: The 
applicant may apply for an additional one-year extension no later than 9 months and 
no earlier than 12 months before the expiration of the extension” to specify when 
renewals of the E5 extension must be submitted. 
45.In subsection 93118. 5(e)(12)(F)1., staff added “VDECS” before “manufacturer’s 
directions” to clarify which manufacturer’s directions must be followed. 
46.In subsection 93118.5(e)(13)(A), staff replaced “may be sold or purchased” with “may 
be offered for sale, leased, rented, imported, sold, purchased, or acquired” to clarify 
staff’s intent that vessels can be acquired in other ways in addition to being sold or 
purchased prior to their compliance dates. 
47.In subsection 93118.5(e)( 14)(C)2.c., staff deleted “or is newly acquired by a person in 
the current calendar year” for consistency with (e)(14)(B)4 which does not allow low-
use exceptions for newly acquired vessels after January 1, 2023. 
48.In subsection 93118.5(f)(1)(A), staff added references to subsections (e)(3), (e)(4), and 
(e)(5) before the reference to subsection (e)(6) to clarify the baseline for ACE 
applications. 
49.In subsection 93118.5( f)(1)(E)6., staff replaced, “used to generate or received a ZEAT 
credit” with “used to generate a ZEAT credit or had their compliance date ext ended 
by applying a ZEAT credit” to clarify that neither a vessel that generates a ZEAT credit 
nor a vessel that has its compliance date extended by a ZEAT credit may be used in 
fleet averaging for an ACE plan. 
50.In subsection 93118.5(f)(1)(F) , staff moved subsection 93118.5(f)(1)(K) to become 
subsection 93118.5(f)(1)(F)5. because it is functionally an application requirement. Staff 
also modified the language to state “Applicants must submit the following information 
10                 
            
            
            
           
             
              
              
             
           
                 
 
           
    
              
         
              
      
           
                  
             
              
           
               
           
  
           
                
       
             
          
            
           
           
              
             
           
          
             
            
          
             
   to demonstrate that their ACE will not result in a higher emissions burden to DACs 
relative to other communities impacted by the emissions from their vessel operations: 
the homebase and the information specified in subsection (m)(14)(E) of each harbor 
craft in an applicant’s existing fleet, the proposed homebase and the information 
specified in subsection (m)(14)(E) describing where the proposed ACE harbor craft 
vessels will primarily operate in RCW, and the operating hours that each proposed 
ACE harbor craft vessel will operate in RCW each calend ar year” to clarify what 
information is required to demonstrate that an ACE will not result in higher emissions 
burden to DACs. This edit clarifies proposed language that was disapproved by OAL 
as not meeting the clarity standard in Government Code section 11349, 
subdivision (c), and Cal. Code Regs., title 1, section 16, as stated in section 1.4 of its 
memo. 
51.In subsection 93118.5 (f)(1)(I), staff added “emissions reductions attributed to” before 
“equipment” to clarify intent. 
52.In subsection 93118.5(g), staff added “Beginning January 1, 2024” to the beginning of 
subsection (g)(1) , deleted subsection (g)(2)(A), renumbered the following subsections 
in (g)(2), and edited any references in the Regulation Order to these subsections to 
improve clarity without changing the requirements. 
53.In subsection 93118.5(g) (2)(A) (previously 93118.5(g)(2)(B) , staff made edits to clarify 
that the UVI will be issued by March 1, 2023, or within 30 calendar days of the owner 
or operator fulfilling the reporting requirements of subsection (o), and that the timing 
of issuance of the UVI is not based on recordkeeping requirements in subsection (m). 
54.In subsection 93118.5(g)(2)(B) (previously 93118.5(g)(2)(C), staff deleted “in clear view” 
because it is surplusage to the requirements of (B)1.-4. Staff made other edits to (B) 
and (B)1.- 4. to improve clarity, grammar, and enforceability without changing the 
requirements. 
55.In subsection 93118( g)(C) (previously 93118.5(g)(2)(D) , staff edited the language to 
clarify that it is the owner or operator of a registered historic vessel, not the vessel 
itself, that may install another UVI format. 
56.In subsection 93118.5(h), staff replaced “subsection” with “section” to clarify that this 
subsection applies to all harbor craft subject to the regulation. 
57.In subsection 93118.5(h)(1), staff added “Except as provided in subsections (1)(A)- (E) 
below,” before “beginning on January 1” and added “Quick engine accelerations, 
restarting the engine while otherwise idling, or other operational maneuvers intended 
to circumvent the idling limit are still considered continuous idling” to specify that an 
operator is not allowed to make operational maneuvers to circumvent the idling limit, 
and to clarify that subsections (1)(A)- (E) allow idling under specified circumstances 
notwithstanding the requirement in subsection (h)(1). This edit clarifies proposed 
language that was disapprove d by OAL as not meeting the clarity standard in 
Government Code section 11349, subdivision (c), and Cal. Code Regs., title 1, 
section 16, as stated in section 1.9 of its memo. 
58.In subsection 93118.5(h)(1)(B), staff deleted the phrase “while at a dockside location” 
as surplusage. 
11             
                
                 
               
               
                   
               
                
               
             
             
              
            
               
            
            
          
             
              
             
  
             
            
             
               
              
          
            
  
           
              
              
     
             
               
               
          
              
               
             
            
                
               59.In subsection 93118.5(h)(1)(E), staff added “is permitted” after “30 consecutive 
minutes” to improve grammar. Staff added “after a vessel arrives at a dock at the end 
of a work period, or prior to initial operation in a new work period after engines are 
restarted” after “for the initial start- up of a vessel each day,” to clarify that the 30-
minute allowance is intended to apply to shift or crew changes and after a vessel 
comes to dock at the end of a work period, and prior to initial operation in a new work 
period. Staff also added “A new work period is defined as beginning when the main 
engines have been shut off for four hours or longer,” to provide a definition for when 
a new work period begins. Staff also defined “shift or crew ch ange” in subdivision (d) 
as “replacing one or more of the vessel’s crew member(s) with another crew 
member(s) .” These additions align with staff’s intent as provided in the ISOR 
page III-17. This edit clarifies proposed language that was disapproved by OAL as not 
meeting the clarity standard in Government Code section 11349, subdivision (c), and 
Cal. Code Regs., title 1, section 16, as stated in section 1.7 of its memo. 
60.In subsection 93118.5( h)(2), staff added “shore power is” before “selected” and 
deleted “that are” before “needed. ” These edits clarify that subsection (h)(2) applies 
when shore power is used for auxiliary power at dock. 
61.In subsection 93118.5(i) (1), staff added “for vessel owners and operators” before “to 
comply” to clarify that the shore power infrastructure is needed for vessel owners and 
operators to comply with subsection (h), since subsection (h) applies to vessel owners 
and operators. 
62.In subsection 93118.5(i)(1)(A), staff deleted the word “all” to clarify that the 
requirements only extend to facilities that meet the criteria of subsection (i)(1)(A). 
63.In subsection 93118.5(i)(1)(A)1., staff replaced “any facility that allows more than 50 
vessel visits per year” with “any facility at which more than 50 commercial harbor craft 
vessels visit per calendar year” to remove ambiguous language and to specify that the 
50 visits per year threshold is assessed by calendar year. 
64.In subsection 93118.5(i)(1)(A)3.a., staff corrected the reference to subsection (i)(1)(A) to 
(i)(1)(B). 
65.In subsection 93118.5(i)(1)(B), staff replaced “shall” with “must,” replaced “docking” 
with “berth,” and added “for vessels that require” before “up to 99kW .” These edits 
clarify that facility owners and operators are required to install shore power for vessels 
that require up to 99kW. 
66.In subsection 93118.5(i)(1)(D), staff edited language to clarify that the period of 
analysis for the vessel visit threshold is per calendar year, and that facilities must have 
received fewer than 50 vessel visits in each calendar year for the previous two calendar 
years to receive the exemption for providing shore power infrastructure. 
67.In subsection 93118.5(j)(1), staff replaced “and on an annual basis thereafter and shall 
follow…” with “and every year by July 1 thereafter and must follow… ” to clarify that 
the list of vessel tenants is due every year by July 1. 
68.In subsection 93118.5( j)(1)(G), staff replaced, “and the facility allows fewer than 
50 visits per year total, the annual number of visits” with “and fewer than 50 vessels 
visited th e facility in the previous calendar year, the number of visits that occurred in 
12                
               
  
             
 
           
          
          
          
           
           
           
              
              
             
             
            
             
            
          
            
               
             
   
               
             
             
           
              
    
             
           
                
            
            
            
            
              
             
             
           
           
          
                
            the previous calendar year” to clarify that facilities that are not providing shore power 
to harbor craft must report the number of vessel visits it received in the previous 
calendar year. 
69.In subsection 93118.5(k)(1), staff made minor language edits to improve grammar for 
clarity. 
70.In subsection 93118.5(k)(1)(C), staff deleted the word “applicable,” included the 
acronym “(CCDET)” after “California Council on Diesel Education and Technology,” 
and replaced “specified test procedure” with “ Society of Automotive Engineers 
‘Surface Vehicle Recommended Practice, Snap Acceleration Smoke Test Procedure for 
Heavy- Duty Powered Vehicles’ (SAE J1667, February 1996), which is incorporated by 
reference herein .” These edits clarify that individuals conducting opacity tests must 
have completed the CCDET training that includes instruction in performing the 
SAE J1667 Snap Acceleration Smoke Test Procedure. As of the date of this 15-Day 
Notice, CCDET offers two courses: CCDET I and III, that offer instruction on the 
SAE J1667 method for on-road vehicles and cargo handling equipment, and CARB has 
contracted with CCDET to develop a training course for CHC, which is under 
development and expected to be offered in 2023. This edit clarifies proposed 
language that was disapproved by OAL as not meeting the clarity standard in 
Government Code section 11349, subdivision (c), and Cal. Code Regs., title 1, 
section 16, as stated in section 1.1 of its memo. 
71.In subsection 93118.5(k)(1)(D), staff corrected the reference to subsection (k) to 
subsection (k)(1) for specificity and made grammar edits to clarify that it is the owner 
or operator that would demonstrate the ability to maintain or repair the aftertreatment 
control device. 
72.In subsection 93118.5(k)(1)(E), staff made edits to clarify how the E.O. will evaluate a 
letter of attestation as an alternative compliance method and to clarify that the 
technician providing the letter must be certified by SAE, the OEM engine factory, 
distributor, or dealership. This certification is necessary because products that are 
under factory warranty must typically be worked on by certified technicians in order to 
maintain the warranty. 
73.In subsection 93118.5(k)(1)(F), staff replaced “the E.O. can request an engine or 
emission control system inspection report from a certified dealer/distributor within 30 
days” with “the E.O. can request a vessel owner or operator to provide the E.O. an 
engine or emission control system inspection report from a factory- certified engine or 
emission control system dealer/distributor within 30 days” to add specificity and clarity 
to the words “certified dealer/distributor” and to improve grammar of the sentence. 
Staff also added “The engine or emission control system inspection report must 
contain all of the information specified in subsection (m)(18) and a summary of an 
inspection conducted by a factory- certified technician of the make and model of the 
engines and any emission control devices or systems installed on the vessel, the 
technician’s assessment whether the engines and emission control devices or systems 
are within engine and emission control device system mechanical specifications and 
operational limits, and identification of observable mechanical or operational defects” 
to clarify that if requested by the E.O., the vessel owner or operator is required to 
submit a report from a factory- certified engine or emission control system technician 
13                
              
             
             
            
            
            
                 
             
            
            
              
             
             
       
            
              
             
            
            
              
            
               
            
               
             
 
            
             
      
            
               
             
              
              
               
            
        
            
            
            
               
     
              
                 that contains a summary of the technician’s inspection of the working condition of the 
engine and emission controls, and that the vessel owner or operator must also submit 
a report to CARB containing the information required by subsection (m)(18). This edit 
clarifi es proposed language that was disapproved by OAL as not meeting the clarity 
standard in Government Code section 11349, subdivision (c), and Cal. Code Regs., 
title 1, section 16, as stated in section 1.6 of its memo. 
74.In subsection 93118.5(k)( 3)(A), staff added “the test results” after “perform opacity 
testing and report” to clarify that it is the test results that are required to be reported 
to CARB biennially. Staff also deleted the phrase s “along with the other reporting 
requirements outlined in subsection (o)” and “for all engines” in the subsequent 
sentence because it is surplusage. Staff also replaced “opacity testing must be 
performed once every two year period ending, and reported to CARB by March 31” 
with “Opacity testing must be performed on each mai n propulsion engine, and results 
reported to CARB, once every two -year period engine March 31” to clarify which 
engines must be tested and reported. 
75.In subsection 93118.5(k)( 3)(D), staff added “or other emission control system” after 
“DPF” and added “and retested” after “shall be repaired” to reflect staff’s intent that 
the requirement applies to other emission control systems, not only DPFs , and the 
repaired equipment must be retested within 30 days. Staff replaced the word 
“information” with “records of opacity testing and emission control repair” and the 
word “shall” with “must” to clarify what information must be recorded as specified in 
subsection (m)(18). The sentence, “Before being put back into service the engine, 
DPF, or other emission control systems shall be repaired such that it meets the opacity 
requirements before being returned to service,” was deleted and staff added, “The 
engine may be returned to service if the post-repair opacity meets the opacity limits in 
subsection (k)(2),” to correct grammar issues with the original language and clarify the 
requirement. 
76.In subsection 93118.5(k)( 3)(E), staff made minor language edits to improve grammar, 
and clarified that records of opacity testing and emission control repair must be 
maintained pursuant to subsection (m)(18 ). 
77.In subsection 93118.5(k)( 4)(B), staff added “of the repair and subsequent testing 
results” after “notify CARB” to clarify that the owner or operator must notify CARB of 
the repair and subsequent testing results. Staff also added “Opacity of exhaust from 
auxiliary engines must be measured using the test Method 9 – Visual Determination of 
the Opacity of Emissions from Stationary Sources as described in 40 CFR, Chapter I, 
subchapter C, Part 60 Appendix A-4 as it existed on September 26, 2022, which is 
incorporated herein by reference” to provide a test method for auxiliary engines, 
which was previously missing from the regulation text. 
78.In subsection 93118.5(l)(4) , staff deleted “except in circumstances as determined by 
the E.O.” to remove ambiguity. This edit clarifies proposed language that was 
disapproved by OAL as not meeting the clarity standard in Government Code 
section 11349, subdivision (c), and Cal. Code Regs., title 1, section 16, as stated in 
section 1.2 of its memo. 
79.In subsection 93118.5( l)(5), staff replaced “A late fee is any payment received after 
September 1st that must be…” with “A late fee is required to be paid if CARB does 
14                  
                
                 
            
              
          
            
                
                
             
             
 
             
               
     
            
              
              
          
              
              
             
               
            
               
             
          
          
            
               
          
            
             
          
              
            
               
                
           
            
           
           
             not receive the annual fee payment by September 1. The late annual fees and late fee 
must be…” This language clarifies that if fees are not paid by September 1, late fees 
must be paid, and both the annual fees and late fees are due by December 31. 
80.In subsection 93118.5(m) , staff added “except as provided in subsection (m)(21)(C) 
after “approved by the E.O.” to clarify that CPFV activity data submitted pursuant to 
(m)(21)(C) need s to be submitted in the specified electronic format. 
81.In subsection 93118.5( m)(18)(M), staff deleted the word “current” and added the 
phrase “at the time the engine was returned to service” to clarify that the hour meter 
reading that must be recorded is that at the time the engine was returned to service. 
82.In subsection 93118.5( m)(19)(D), staff made edits to clarify metrics and units required 
for reporting hours of operation and fuel and electricity usage for vessels adopting 
ZEAT. 
83.In subsection 93118.5 (m)(19)(E), staff made edits to clarify that the 20-hour limit 
applie s to the combustion engine, and a clarifying te xt edit to align with the definition 
of zero- emission capable hybrid. 
84.In subsection 93118.5 (m)(19)(G), staff added the word “hourly” before “activity data” 
to clarify the frequency that the activity data must be recorded and replaced “shall” 
with “must” for improved enforceability. Staff also added “within 30 days of the initial 
operation of the temporary replacement vessel” after “reported separately from 
annual reporting” to specify that the activity data of subsections (m)(19)(C) and (D) are 
required to be reported within 30 days of the initial operation of the temporary 
replacement vessel, in alignment with staff’s intent as previously stated on page IV-131 
of the ISOR. This edit clarifies proposed language that was disapproved by OAL as not 
meeting the clarity standard in Government Code section 11349, subdivision (c), and 
Cal. Code Regs., title 1, section 16, as stated in section 1.5 of its memo. 
85.In subsection 93118.5( m)(20)(A) and (B), s taff made edits to clarify the information 
required to be reported for each vessel adopting ZEAT. 
86.In subsection 93118.5(m)(21), staff replaced “and (e)(12)(E)3.d. the following 
information shall be kept” with “and (e)(12)(E)3.d., the information in subsec tion (a), 
subsection (B), and either subsection (C) or subsection (D), shall be kept” to clarify that 
either subsection (C) or (D) will apply, not both. 
87.In subsection 93118.5(m)(21), staff renamed subsection (C) to subsection (D), added 
new text for subsection (C), and deleted the word “and” in subsection (B). 
88.In subsection 93118.5( m)(21)(C), staff added “Commercial passenger fishing activity 
data that contains all of the information in subsections 1. through 8. below. Vessel 
owners or operators may mainta in a Commercial Passenger Fishing Logbook to fulfill 
this requirement. If the activity data is requested by an agent or employee of CARB, 
the vessel owner or operator must submit the activity data to CARB in .xlsx or .csv 
format.” This language , added in response to recent CPFV industry feedback, 
provides an option for CPFV owners and operators to fulfill CARB’s recordkeeping 
requirements by keeping specified activity data instead of maintaining the calculation 
of passenger -days described in subsection (m)(21)(D) , and provides that CPFV owners 
and operators can fulfill the activity data requirement using the CPFV Logbook that 
15               
             
             
               
               
             
             
 
          
         
                 
             
           
                 
             
            
               
                 
                
                 
             
              
          
          
             
                 
 
            
           
             
              
         
           
           
        
            
            
       
           
         
             
              
               
  they are already required to maintain pursuant to CDFW regulations as described in 
the newly added “CPFV Logbook” definition in subsection (d). The added language in 
subsection (m)(21)(C) also specifies that if CARB requests the activity data , the owner 
or operator must provide CARB the activity data in .xlsx or .csv format. This provision 
is added to ensure that CARB staff receive s the activity data in an electronic format 
that sta ff can use for data analysis. Staff also added subsections (m)(21)(C)1.- 8., which 
list the specific activity data information required to be kept pursuant to subsection 
(m)(21)(C). 
89.In subsection 93118.5( m)(21)(D), previously 93118.5(m)(21)(C), in the definition of 
“passenger -day,” staff added “single” before “person” and “eight -hour” between 
“full” and “day” to specify that a full day is eight hours, and that a passenger -day is 
per single person sportfishing . Staff added “Trip lengths must be calculated to the 
nearest one-hour increment, and passenger -days must be recorded to the nearest 
tenth of a day. For example, a trip including 11 anglers lasting 4 hours and 20 minutes 
would be 11 x 4 hours/8 hours = 5.5 passenger -days. Standard rounding convention 
must be used in calculating and recording passenger days (i.e., fractional passenger 
days less than x.x5 are not increased (so 1.54 is rounded to 1.5), fractional passenger 
days equal to or greater than x.x6 are rounded to the next fraction (so 1.56 is rounded 
to 1.6), and fractional passenger days exactly equal to x.x5 are rounded up or down to 
make the fraction even (so 1.55 rounds to 1.6 but 1.85 rounds to 1.8 )” to specify that 
trip lengths must be calculated to the nearest hour, and passenger -days must be 
recorded to the nearest tenth of a day. These modifications are to clarify the 
recordkeeping requirement for CPFVs receiving the ten-year extension to record 
passenger -days annually. This edit clarifies proposed language that was disapproved 
by OAL as not meeting the clarity standard in Government Code section 11349, 
subdivision (c), and Cal. Code Regs., title 1, section 16, as stated in section 1.14 of its 
memo. 
90.In subsect ion 93118.5( o), staff added “Vessel Owner/Operator” to the header to 
clarify that the subsection applied to vessel owners and operators. 
91.In subsection 93118.5( o)(1), staff added “during the reporting year” before “under the 
person’s direct control” to clarify that the information is required to be reported for 
vessels that operated in RCW during the reporting year. 
92.In subsection 93118.5( o)(2), staff replaced the original language with “Other 
Reporting ” for clarity and to remove surplusage and potential inconsistencies between 
items included in (o)(2) and its subsections. 
93.In subsection 93118.5( o)(2)(A), staff made edits to remove ambiguous language and 
clarify under what circumstances the required information must be reported and other 
minor text edits for grammar and clarity. 
94.In subsection 93118.5( o)(2)(B), staff added “records required by subsections” before 
“(m)(14)” to correct grammar issues with the original language. 
95.In subsection 93118.5( o)(2)(C), staff edited language to correct grammar issues and to 
clarify that the required information must be submitted within 30 days of transferring a 
vessel from California to a location outside of California or to a new homebase within 
California. 
16               
           
          
           
           
   
          
           
    
              
             
             
            
  
   
             
               
   
               
    
               
         
               
    
              
    
              
            
           
          
            
               
  
 
             
            
             
        96.In subsect ion 93118.5( u)(1), staff made edits to improve readability and clarify that 
these submittal instructions apply to documentation and reports only, not fees. 
97.In subsection 93118.5( u)(2), staff replaced “information” with “documentation and 
reports” and replaced “shall” with “must” to remove the ambiguous term 
“information” and specify that the requirement applies to documentation and reports 
submitted to CARB. 
In addition to the modifications described above, additional modifications correcting 
grammar, punct uation and spelling have been made throughout the proposed changes. 
These changes are nonsubstantive. 
These modifications do not change implementation of the regulation in any way that affects 
the conclusions of the environmental analysis included in the Staff Report because the 
modifications consist primarily of definition and provision clarifications that do not alter the 
compliance response s, so no additional environmental analysis or recirculation of the analysis 
is required. 
Additional Incorporated Documents Added to the Record 
In the interest of completeness and in accordance with Government Code section 11347.1, 
subdivision (a), staff has also added to the rulemaking record and invites comments on the 
following additional documents : 
• 40 CFR section 1068.120 (j), as it existed on September 28, 2022, incorporated by 
reference in Subsection 93118.5(e)(8)(A)3.e. 
• 40 CFR, Chapter I, subchapter C, Part 60 Appendix A-4, as it existed on 
September 26, 2022, incorporated by reference in Subsection 9311 8.5(k)(4)(B). 
• 40 CFR section 1042.835 (d), as last amended on June 30, 2008, incorporated by 
reference in Subsection 93118.5(e)(8)(A)3.e. 
• 40 CFR section 1042.840 (n), as amended on October 25, 2016, incorporated by 
reference in Subsection 93118.5(e)(8)(A)3.e. 
These documents are available for inspection at the California Air Resources Board, 1001 I 
Street, Sacramento, California, 95814, between the hours of 9:00am to 4:00pm, Monday 
through Friday (excluding holidays). To inspect these documents please contact Chris 
Hopkins, Regulations Coordinator, at chris.hopkins@arb.ca.gov or (279) 208-7347. Because of 
current travel, facility, and staffing restrictions, the California Air Resources Board’s offices 
may have limited public access. Please contact Chris Hopkins if you need physical copies of 
the documents. 
Agency Contacts 
Inquiries concerning the substance of the proposed regulation may be directed to Melissa 
Houchin, Air Resources Engineer by e-mail at Melissa.Houchin@arb.ca.gov or by phone at 
(279) 208-7952 or (designated backup) Tracy Haynes, Staff Air Pollution Specialist by e-mail 
at Tracy.Haynes@arb.ca.gov or by phone at (279) 842-9874. 
17   
             
                
    
        
      
    
                
           
                
   
                
                 
               
             
  
               
                
               
      
                 
                
                 
              
      
    
 
    
  
     
 
             
                
        Public Comments 
Written comments will only be accepted on the modifications identified in this Notice. 
Comments may be submitted by postal mail or by electronic submittal no later than the due 
date to the following: 
Postal mail: Clerks’ Office, California Air Resources Board 
1001 I Street, Sacramento, California 95814 
Electronic submittal : https://www.arb.ca.gov/lispub/comm/bclist.php 
Please note that under the California Public Records Act (Gov. Code § 6250 et seq.), your 
written and verbal comments, attachments, and associated contact information (e.g., your 
address, phone, email, etc.) become part of the public record and can be released to the 
public upon reque st. 
In order to be considered by the Executive Officer, comments must be directed to CARB in 
one of the two forms described above and received by CARB no later than the deadline date 
for public comment listed at the beginning of this notice. Only comments relating to the 
above -described modifications to the text of the regulations shall be considered by the 
Executive Officer. 
If you need this document in an alternate format or another language, please contact the 
Clerks’ Office at (916) 322- 5594 or by facsimile at (916) 322-3928 no later than five (5) 
business days from the release date of this notice. TTY/TDD/Speech to Speech users may dial 
711 for the California Relay Service. 
Si necesita este documento en un formato alterno u otro idioma, por favor llame a la oficina 
del Secretario del Consejo de Recursos Atmosféricos al (916) 322 -5594 o envíe un fax al (916) 
322-3928 no menos de cinco (5) días laborales a partir de la fecha del lanzamiento de este
aviso. Para el Servicio Telefónico de California para Personas con Problemas Auditivos, ó de
teléfonos TDD pueden marcar al 711.
California Air Resources Board 
_________________________________ 
Steven S. Cliff, Ph.D. 
Executive Officer 
Date: October 10, 2022 
Attachments  
The energ y challeng e faci ng Californ ia is real. Eve ry California n need s to take immediate 
action to redu ce ene rgy consumptio n. For a list o f simp le ways you ca n redu ce demand and 
cut you r energ y cost s, see CARB’ s website (www.arb.ca.gov). 
18