CALIFORNIA REGULATORY NOTICE REGISTER 2016, VOLUME NO. 40-Z
 1759Please direct requests for copies of the proposed text
of the regulations, the Initial Statement of Reasons, the
modified text of the regulations, if any, or other infor-mation upon which the rulemaking is based to CalSTRS
using the contact information listed above.
A V AILABILITY OF STATEMENT OF REASONS
AND TEXT OF PROPOSED REGULATIONS
The rulemaking file is available for public inspection
and copying throughout the rulemaking process at Cal-
STRS headquarters at 100 Waterfront Place, West
Sacramento, CA, 95605. As of the date this notice is
published in the California Notice Register, the rule-making file consists of this notice, the proposed text of
the regulations, the Initial Statement of Reasons and the
Economic and Fiscal Impact Statement (STD 399).
Copies of this notice, the proposed text of the regula-
tions, the Initial Statement of Reasons and the Econom-
ic and Fiscal Impact Statement are available at no
charge by contacting CalSTRS using the contact infor-mation listed above.
A V AILABILITY OF CHANGED OR
MODIFIED TEXT
After considering all timely and relevant comments
received, the board may adopt the proposed regulations
substantially as described in this notice or may, on itsown motion or at the recommendation of any interested
person, modify the proposed regulations.
If the board makes modifications that are suf ficiently
related to the original proposed text, it will make themodified text (with the changes clearly indicated) avail-
able to the public for at least 15 days before adopting the
regulations as revised. The board will accept writtencomments on the modified regulations for 15 days after
the date on which they are made available. Please refer
to www.CalSTRS.com/regulations
 or contact Cal-
STRS using the contact information listed above forcopies of modifications, if any.
A V AILABILITY OF FINAL STATEMENT
OF REASONS
Following its preparation, CalSTRS will have the Fi-
nal Statement of Reasons available for public inspec-tion and copying at its headquarters, located at 100 Wa-
terfont Place, West Sacramento, CA, 95605. Upon fil-
ing of the amended regulations with the Secretary of
State, the Final Statement of Reasons will also be avail-
able temporarily on the CalSTRS website atwww.CalSTRS.com/approved−regulations
.A V AILABILITY OF DOCUMENTS ON
THE INTERNET
The Notice of Proposed Rulemaking, the Initial
Statement of Reasons and the text of the proposed
amendments to the regu lations in underline and strike-
out are posted on the CalSTRS website at: 
www.CalSTRS.com/regulations .
TITLE 13. AIR RESOURCES BOARD
NOTICE OF PUBLIC HEARING TO CONSIDER
PROPOSED AMENDMENTS TO THE
EV APORATIVE EMISSION REQUIREMENTS
FOR SMALL OFF−ROAD ENGINES
The Air Resources Board (ARB or Board) will con-
duct a public hearing at the time and place noted below
to consider approving for adoption the proposedamendments to the evaporative requirements for off−road equipment.
DATE: November 17, 2016
TIME: 9:00 a.m.
LOCATION: California Environmental 
Protection Agency  
Air Resources Board
Byron Sher Auditorium
1001 I Street Sacramento, California 95814
This item may be considered at a two−day meeting of
the Board, which will commence at 9:00 a.m., Novem-ber 17, 2016, and may continue at 8:30 a.m. on Novem-ber 18, 2016. Please consult the agenda for the hearing,
which wil l be available at least 10 days before Novem-
ber 17, 2016, to determine the day on which this itemwill be con sidered.
WRITTEN COMMENT PERIOD AND
SUBMITTAL OF COMMENTS
Interested members of the public may present com-
ments orally or in writing at the hearing and may pro-vide comments by postal mail or by electronic submittal
before the hearing. The public comment period for this
regulatory action will begin on September 30, 2016.Written comments not physically submitted at the hear-
ing must be submitted on or after September 30, 2016,
and received no later than 5:00 p.m. on November 14,
2016. ARB requests that when possible, written andemail statements be filed at least 10 days before thehearing to give ARB staff and Board members addition-CALIFORNIA REGULATORY NOTICE REGISTER 2016, VOLUME NO. 40-Z
 1760al time to consider each comment. The Board also en-
courages members of the public to bring to the attention
of staff in advance of the hearing any suggestions formodification of the proposed regulatory action. Com-
ments submitted in advance of the hearing must be ad-
dressed to one of the following:
Postal mail:  Clerk of the Board, Air Resources 
Board 
1001 I StreetSacramento, California 95814
Electronic 
submittal: http://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 oralcomments, attachments, and associated contact infor-mation (e.g., your address, phone, email, etc.) become
part of the public record and can be released to the pub-
lic upon request.
Additionally, the Board requests but does not require
that persons who submit written comments to the Board
reference the title of the proposal in their comments tofacilitate review.
AUTHORITY AND REFERENCE
This regulatory action is proposed under the authority
granted in California Health and Safety Code, sections
39600, 39601, and 43013. This action is proposed toimplement, interpret, and make specific sections
39600, 39601, and 43013 of the Health and Safety
Code.
INFORMATIVE DIGEST OF PROPOSED ACTION
AND POLICY STATEMENT OVERVIEW 
(GOV . CODE, § 11346.5, subd. (a)(3))
Background and Effect of the Proposed Regulatory
Action: 
The Federal Clean Air Act grants California the
unique authority to adopt and enforce rules to control
mobile source emissions within the State. In order to at-
tain the State ambient air quality standards by the earli-
est practicable date as required by the California Clean
Air Act, ARB seeks the maximum emissions reductions
possible from vehicular and other mobile sources toprotect the health and welfare of all California
residents.
ARB staff proposes to amend the existing ARB regu-
lations for controlling evaporative emissions fromspark−ignited small off−road engines (SORE) rated ator below 19 kilowatts (25 horsepower). There are more
than 16 million SORE currently being used in Califor-
nia to power a broad range of lawn and garden equip-
ment including lawn mowers, leaf blowers, and lawn
tractors, as well as generators and small industrialequipment. Evaporative emissions from gasoline−
powered SORE equipment are a significant source of
reactive organic gas (ROG) and toxic air contaminant
(TAC) emissions, both when stored and during opera-
tion. In 2016, evaporation of gasoline from SOREequipment in California is estimated to have produced
approximately 45 tons per day of ROG, which exceeds
the emissions from the more than 10,000 gas stationsstatewide. ROG emissions contribute to ground−level
ozone formation and the nonattainment of national am-
bient air quality standards for ozone in parts of Califor-
nia, such as the South Coast Air Basin and San Joaquin
Valley Air Basin, which are designated extreme nonat-
tainment areas. Emissions of TACs such as benzene
pose a near−source health risk and contribute to in-
creased morbidity and mortality in California.
ARB first adopted regulations to reduce evaporative
emissions from SORE in September 2003. SORE aresplit into three engine displacement categories for the
purposes of evaporative emission standards: 1) engines
with displacement less than or equal to 80 cc, intendedfor use in handheld applications; 2) engines with dis-
placement greater than 80 cc but less than 225 cc, in-
tended for use in walk−behind applications such as
lawn mowers; and 3) engines with displacement greater
than or equal to 225, intended for use in larger equip-ment such as riding mowers. The 2003 regulations are
intended to control diurnal emissions from engines with
displacement greater than 80 cc and fuel tank perme-
ation emissions from engines with displacement less
than or equal to 80 cc.
The proposed amendments include improvements to
the certification procedures, revisions to the compli-
ance testing procedure, an update of the certificationtest fuel to represent commercially available gasoline,
and alignment of aspects of ARB’s SORE requirements
with those of the U.S. EP A. The proposed amendments
are expected to increase compliance with the diurnal
emission standards, require certification test fuel for-mulated to reflect motor vehicle fuel currently dis-
pensed at California gasoline stations, and enable
SORE manufacturers to obtain ARB and U.S. EPA cer-
tification for fuel tanks based on a common set of test
results. The current regulatory structure requires sepa-
rate fuel tank test results for ARB and U.S. EPA.
ARB may also consider other changes to the sections
affected, as listed on page 4 of this notice, during thecourse of this rulemaking process.CALIFORNIA REGULATORY NOTICE REGISTER 2016, VOLUME NO. 40-Z
 1761Objectives and Benefits of the Proposed Regulatory
Action: 
To address non−compliance with the current diurnal
emission standards observed in ARB’s testing, staffproposes a number of amendments to the 2003 SORE
regulations, including:
/C0068 Subjecting design−certified SORE to diurnal
emission standards;
/C0068 Reducing the number of SORE engine units
needed to be tested before ARB can takeenforcement action from five to one;
/C0068 Requiring bonds for manufacturers without
sufficient U.S. assets to cover enforcement
obligations;
/C0068 Requiring recertification of evaporativecomponents every four years;
/C0068 Requiring test fuel formulation to contain 10
percent ethanol (E10) to reflect motor vehicle fuel
currently available in California; and
/C0068 Aligning, where practical, and without
compromising ARB requirements, SOREcertification and test procedures with those of U.S.
EPA.
Currently, only the individual evaporative emission
system components (fuel tank, fuel lines, and carboncanisters) of design−certified SORE can be tested forcompliance, without accounting for other sources of
evaporative emissions, such as carburetors. Manufac-
turers of performance−certified SORE are only re-quired to test a single unit for certification, while ARB
currently is required to test five SORE units to deter-
mine compliance. This proposal will harmonize the
number of units needed for certification and compli-ance, thus enabling ARB to evaluate and take potential
enforcement action against a larger number of SORE
manufacturers.
The proposed revision to subject design−certified
SORE to diurnal emission standards will allow ARB to
compliance test the assembled SORE as a unit to ensure
compliance with those standards. Aligning compliance
testing and certification testing requirements will alsofacilitate compliance testing by making the two sets of
requirements comparable. This alignment will have the
benefit of allowing ARB to perform more compliancetests with the same level of resources.
By establishing bonding requirements for manufac-
turers with less than $3−10 million in U.S. assets, de-pending on the length of time they have had certifiedSORE in California, the proposed amendments will
help ensure SORE manufacturers have the ability to
meet any potential monetary obligations associatedwith enforcement actions, and will deter manufacturers
from knowingly producing non−compliant SOREproducts. The proposed bonding requirements are simi-
lar to those already adopted by U.S. EPA and in usenationally.
Certification renewal every four years for evapora-
tive components will require Executive Order holdersto assess whether any changes have been made that
would affect the components’ evaporative emissions.
This revision will also provide ARB with a mechanism
through which deficiencies can be corrected by with-holding certification until information is provided thatdemonstrates compliance with SORE evaporativeemission standards.
The proposed change in test fuel formulation will
have no immediate effect on real−world ROG emis-sions because motor vehicle fuel dispensed at Califor-nia gasoline stations has already been changed. Fuel atgasoline stations has contained 10 percent ethanol since
January 2010. Therefore, SORE currently in use in Cal-
ifornia operate using E10 fuel. SORE that comply with
the diurnal emission standards when tested with the cur-
rent certification test fuel are expected to also complywhen tested with E10 fuel. However, requiring E10 cer-
tification test fuel, along with the other proposedamendments that are intended to increase compliance
rates, will help to ensure SORE introduced into Califor-
nia commerce meet current emission standards withcommercially available gasoline. Aligning ARB SORE
certification and test procedures with U.S. EPA, where
possible, eliminates duplicative requirements and gives
manufacturers the option to certify fuel tanks based on a
common set of data acceptable to both ARB and U.S.
EPA.
Staff concludes the current proposal will enhance
ARB’s ability to identify non−compliant equipment,while not unfairly penalizing compliant manufacturers,
and recommends that the Board adopt the proposed
SORE regulatory amendments. The current proposal
will increase compliance with the existing diurnal emis-
sion standards, ensuring that ROG emissions reduc-tions needed for the State Implementation Plan areachieved, while reducing near−source exposure toTACs and the associated health risk.
Sections Affected:
Proposed adoption of California Code of Regula-
tions, title 13, section 2774. Proposed amendments toCalifornia Code of Regulations, title 13, section(s)
2750, 2751, 2752, 2753, 2754, 2754.1, 2754.2, 2755,
2756, 2757, 2758, 2759, 2760, 2761, 2762, 2763, 2764,
2765, 2766, 2767, 2767.1, 2768, 2769, 2770, 2771,2772, and 2773; and proposed amendments to the fol-lowing documents incorporated by reference therein:
/C0068 “CP−901, Certification and Approval Procedure
for Small Off−Road Engine Fuel Tanks,” adopted
July 26, 2004;CALIFORNIA REGULATORY NOTICE REGISTER 2016, VOLUME NO. 40-Z
 1762/C0068 “CP−902, Certification and Approval Procedure
for Evaporative Emission Control Systems,”adopted July 26, 2004;
/C0068 “TP−901, T est Procedure for Determining
Permeation Emissions From Small Of f−Road
Engine and Equipment Fuel Tanks,” adopted July
26, 2004;
/C0068 “TP−902, Test Procedure for Determining Diurnal
Evaporative Emissions From Small Of f−Road
Engines and Equipment,” adopted July 26, 2004.
Documents Incorporated by Reference (Cal. Code
Regs., tit. 1, §20, subd. (c)(3)):
Incorporated by Reference in Appendix A to the
Staff Report
ANSI/OPEI B71.10 2013, American National Stan-
dard for Off−Road Ground−Supported Outdoor Power
Equipment — Gasoline Fuel Systems — PerformanceSpecifications and Test Procedures, 2013.
http://webstore.ansi.org/RecordDetail.aspx?sku=
ANSI%2fOPEI+B71.10−2013 .
Society of Automotive Engineers (SAE), (2013).
J1737: Test Procedure to Determine the HydrocarbonLosses from Fuel T ubes, Hoses, Fittings, and Fuel Line
Assemblies by Recirculation, Surface Vehicle Recom-
mended Practice, Stabilized May 2013.
http://standards.sae.org/j1737_201305/
.
Incorporated by Reference in Appendices B and C
to the Staff Report
U.S. EPA, Method 301 — Field Validation of Pollu-
tant Measurement Methods from Various W aste Media,
December 29, 1992 https://www3.epa.gov/ttn/emc/
method301.html .
Comparable Federal Regulations:
When California’s SORE evaporative emission stan-
dards were adopted in September 2003, no comparable
federal rules existed. In 2008, the U.S. EPA adopted Ti-
tle 40, Part 1060, to control evaporative emissions fromnew and in−use nonroad and stationary equipment. The
federal rules laid out evaporative emissions standards
for SORE equipment, including fuel tanks and lines,
which were similar to existing California requirements
for design certification. While federal and Californiaevaporative component emissions standards are simi-
lar, there are some differences between California and
federal certification and test procedures. The proposed
amendments described in this staff report will help to
align California’s fuel tank test procedures with federal
requirements, but differences will still exist between
the two regulations. Staff’s proposal would deviate
from, and be more stringent than federal requirements
as follows:/C0068 Current requirements for California includediurnal e mission standards that control all sources
of emissions from SORE, whereas the federal
requirements only control fuel tank permeation,
fuel line permeation, and running loss emissions.
/C0068 The California fuel tank permeation emission
standards at 40 oC are 1.5 g TOG . m−2 . day−1 for
engines with displacement greater than 80 cc and
2.0 g TOG . m−2 . day−1 for engines with
displacement less than or equal to 80 cc, whereas
the federal fuel tank permeation emission standardat 40 
oC is 2.5 g TOG . m−2 . day−1. The more
stringent fuel tank standards are necessary to
achieve the greater level of control of evaporative
emissions n eeded in California.
/C0068 Proposed requirements for California would
continue to require testing five fuel tanks forcertification, whereas comparable federal
requirements would only require testing between
one and three fuel tanks. By requiring testing ofmore fuel tanks for certification, staff expects that
manufacturers will place a greater emphasis on
quality control and consistently producing
compliant products.
/C0068 Proposed requirements for California would
require manufacturers to maintain a bond of $500
per engine, whereas comparable federal
requirements specify a bond amount of $25−$200
per engine. This bond requirement was chosen as a
means of ensuring that manufacturers would have
sufficient funds to pay the maximum penalty forone violation allowed under California statutes in
the event that equipment is found to be out of
compliance. Violations are determined on a perengine or component basis, and each day in which
there is a violation is a separate violation.
/C0068 Preconditioning temperature profiles differ
between the proposed California requirements and
existing federal requirements, although staff’s
proposal provides a pathway to allow a commonpreconditioning process to be used for both. The
preconditioning temperature profile was chosen in
order to accurately reflect the temperature profile
that SORE equipment will be exposed to over its
useful operating life in California.
/C0068 Fuel specification differs between the proposed
California requirements and existing federal
requirements, although staff’s proposal provides a
pathway to allow a single fuel to be used for both.
The test fuel was chosen in order to accurately
reflect the fuel formulation that SORE equipment
will be exposed to over its useful operating life in
California.CALIFORNIA REGULATORY NOTICE REGISTER 2016, VOLUME NO. 40-Z
 1763An Evaluation of Inconsistency or Incompatibility
with Existing State Regulations (Gov. Code,
§ 11346.5, subd. (a)(3)(D)): 
During the process of developing the proposed regu-
latory action, ARB conducted a search of any similar
regulations on this topic and concluded these regula-tions are neither inconsistent nor incompatible with ex-
isting state regulations.
DISCLOSURE REGARDING THE
PROPOSED REGULATIONS
Fiscal Impact/Local Mandate Determination
Regarding the Proposed Action (Gov. Code,
§ 11346.5, subds. (a)(5)&(6)): 
The determinations of the Board’s Executive Officer
concerning the costs or savings incurred by either pub-
lic agencies or private persons and businesses in reason-
able compliance with the proposed regulatory actionare presented below.
Under Government Code sections 11346.5, subdivi-
sion (a)(5) and 11346.5, subdivision (a)(6), the Execu-tive Officer has determined that the proposed regulato-ry action would create costs to ARB as a State agency
for enforcement and certification by the State, pursuant
to part 7 (commencing with section 17500), division 4,title 2 of the Government Code, or other nondiscre-tionary costs to State agencies. This regulatory action
would not result in savings to any State agency, or costs
or savings in federal funding to the State, costs or man-date to any local agency or school district (whether ornot reimbursable by the State under Government Code,
title 2, division 4, part 7 (commencing with section
17500)), or other nondiscretionary cost or savings toState or local agencies.
In developing this regulatory proposal, ARB staff
evaluated the potential economic impacts on represen-tative private persons or businesses. Staff expects thatthe extra cost of evaporative components to comply
with the proposed regulations will be passed on to rep-
resentative persons.
Housing Costs (Gov. Code, § 11346.5, subd. (a)(12)):
The Executive Officer has also made the initial deter-
mination that the proposed regulatory action will nothave a significant effect on housing costs.
Significant Statewide Adverse Economic Impact
Directly Affecting Business, Including Ability to
Compete (Gov. Code, §§ 11346.3, subd. (a), 1 1346.5,
subd.  (a)(7), 1 1346.5, subd. (a)(8)):
The Executive Of ficer has made an initial determina-
tion that the proposed regulatory action would not have
a significant statewide adverse economic impact direct-
ly affecting businesses, including the ability of Califor-nia businesses to compete with businesses in other
states, or on representative private persons.
Results of The Economic Impact Assessment (Gov.
Code, § 1 1346.5, subd.  (a)(10)):
A detailed assessment of the economic impacts of the
proposed regulatory action can be found in the InitialStatement of Reasons (ISOR).
Effect on Jobs/Businesses:
The Executive Officer has determined that the pro-
posed regulatory action would not affect the creation or
elimination of jobs within the State of California, the
creation of new businesses or elimination of existing
businesses within the State of California, or the expan-
sion of businesses currently doing business within theState of California. A detailed assessment of the eco-
nomic impacts of the proposed regulatory action can be
found in the Economic Impact Analysis in the ISOR.
Benefits of the Pr oposed Regulations:
The objective of the proposed amendments is to in-
crease compliance of SORE equipment with diurnalemission standards and require a certification fuel thatreflects motor vehicle fuel currently dispensed at Cali-
fornia gasoline stations. The proposed amendments
will bring public health and environmental benefits, aswell.
A summary of these benefits is provided in “Objec-
tives and Benefits of the Proposed Regulatory Action”,
under the Informative Digest of Proposed Action andPolicy Statement Overview Pursuant to Government
Code 1 1346.5(a)(3) discussion above.
Business Report (Gov. Code, §§
11346.5, subd.
(a)(11); 1 1346.3, subd. (d)):  
In accordance with Government Code sections
11346.5, subdivisions (a)(11) an d 11346.3, subdivision
(d), the Executive Officer finds the reporting require-ments of the proposed regulatory action which apply to
businesses are necessary for the health, safety, and wel-
fare of the people of the State of California.
Cost Impacts on Representative Private Persons or
Businesses (Gov. Code , §  11346.5, subd. (a)(9)):
In developing this regulatory proposal, ARB staff
evaluated the potential economic impacts on represen-tative private persons or businesses. Staff expects that
the extra cost of evaporative components to comply
with the proposed amendments may be passed on torepresentative private persons.
Effect on Small Business (Cal. Code Regs., tit. 1, § 4,
subds. (a) and (b)):
The Executive Officer has also determined under
California Code of Regulations, title 1, section 4, that
the proposed regulatory action would not significantly
affect small businesses because staff expects that thecosts may be passed on to representative privatepersons.CALIFORNIA REGULATORY NOTICE REGISTER 2016, VOLUME NO. 40-Z
 1764Alternatives Statement (Gov. Code, § 1 1346.5, subd.
(a)(13)): 
Before taking final action on the proposed regulatory
action, the Board must determine that no reasonable al-
ternative considered by the Board, or that has otherwise
been identified and brought to the attention of theBoard, would be more ef fective in carrying out the pur-
pose for which the action is proposed, would be as ef-
fective and less burdensome to affected private persons
than the proposed action, or would be more cost−effective to affected private persons and equally effec-
tive in implementing the statutory policy or other provi-
sions of law. Staff has considered a number of alterna-tives and recommends rejecting them, as further dis-cussed in the staff report.
ENVIRONMENTAL ANALYSIS
ARB, as the lead agency under the California Envi-
ronmental Quality Act (CEQA), has reviewed the pro-
posed regulatory amendments and concluded that theyare exempt pursuant to CEQA Guidelines §15061, be-cause the action is both an Action Taken by Regulatory
Agencies for Protection of the Environment (as de-
scribed in CEQA Guidelines §15308 for “class 8” ex-emptions); and it is also exempt as described in CEQA
Guidelines §15061(b)(3) (“common sense” exemp-
tion) because it can be seen with certainty that there isno possibility that the proposed action may result in asignificant adverse impact on the environment. A brief
explanation of the basis for reaching this conclusion is
included in Chapter IV of the ISOR.
SPECIAL ACCOMMODATION REQUEST
Consistent with California Government Code Sec-
tion 7296.2, special accommodation or language needs
may be provided for any of the following:
/C0068 An interpreter to be available at the hearing;
/C0068 Documents made available in an alternate formator another language;
/C0068 A disability−related reasonable accommodation.
To request these special accommodations or lan-
guage needs, please contact the Clerk of the Board at
(916) 322−5594 or by facsimile at (916) 322−3928 assoon as possible, but no later than 10 business days be-
fore the scheduled Board hearing. TTY/TDD/Speech to
Speech users may dial 711 for the California Relay
Service.
Consecuente con la sección 7296.2 del Código de
Gobierno de California, una acomodación especial onecesidades lingüísticas pueden ser suministradas para
cualquiera de los siguientes:
/C0068 Un intérprete que esté disponible en la audiencia.
/C0068 Documentos disponibles en un formato alterno u
otro idioma.
/C0068 Una acomodación razonable relacionados con una
incapacidad.
Para solicitar estas comodidades especiales o necesi-
dades de otro idioma, por favor llame a la oficina del
Consejo al (916) 322−5594 o envíe un fax a (916)322−3928 lo más pronto posible, pero no menos de 10
días de trabajo antes del día programado para la audien-
cia del Consejo. TTY/TDD/Personas que necesiten este
servicio pueden marcar el 711 para el Servicio de Re-transmisión de Mensajes de California.
AGENCY CONTACT PERSONS
Inquiries concerning the substance of the proposed
regulatory action may be directed to the agency repre-sentative Christopher Dilbeck, Air Pollution Specialist,
Testing and Certification Section, (916) 319−0106 or
(designated back−up contact) Angus MacPherson, Su-
pervisor, Testing and Certification Section, (916)
445−4686.
A V AILABILITY OF DOCUMENTS
ARB staff has prepared a Staff Report: Initial State-
ment of Reasons (ISOR) for the proposed regulatory ac-
tion, which includes a summary of the economic and
environmental impacts of the proposal. The report is en-
titled: PUBLIC HEARING TO CONSIDER THE
PROPOSED AMENDMENTS TO THE EV APO-
RATIVE EMISSION REQUIREMENTS FORSMALL OFF−ROAD ENGINES.
Copies of the ISOR and the full text of the proposed
regulatory language, in underline and strikeout format
to allow for comparison with the existing regulations,may be accessed on ARB’ s website listed below, or may
be obtained from the Public Information Office, Air Re-
sources Board, 1001 I Street, Visitors and Environmen-
tal Services Center, First Floor, Sacramento, California,
95814, (916) 322−2990, on September 27, 2016.
Further, the agency representative to whom nonsub-
stantive inquiries concerning the proposed administra-tive action may be directed is Nicole Hutchinson, Regu-
lations Coordinator, (916) 322−6533. The Board staff
has compiled a record for this rulemaking action, which
includes all the information upon which the proposal is
based. This material is available for inspection upon re-
quest to the contact persons.CALIFORNIA REGULATORY NOTICE REGISTER 2016, VOLUME NO. 40-Z
 1765HEARING PROCEDURES
The public hearing will be conducted in accordance
with the California Administrative Procedure Act,Government Code, title 2, division 3, part 1, chapter 3.5
(commencing with section 1 1340).
Following the public hearing, the Board may take ac-
tion to approve for adoption the regulatory language as
originally proposed, or with non−substantial or gram-
matical modifications. The Board may also approve for
adoption the proposed regulatory language with othermodifications if the text as modified is sufficiently re-
lated to the originally proposed text that the public was
adequately placed on notice and that the regulatory lan-
guage as modified could result from the proposed regu-latory action. The proposed changes could be changed
further, withdrawn, or replaced with different propos-
als. If such modifications occur, the full regulatory text,
with the modifications clearly indicated, will be madeavailable to the public, for written comment, at least
15−days before final adoption.
The public may request a copy of the modified regu-
latory text from ARB’s Public Information Office, Air
Resources Board, 1001 I Street, Visitors and Environ-
mental Services Center, First Floor, Sacramento, Cali-fornia, 95814, (916) 322−2990.
FINAL STATEMENT OF
REASONS A V AILABILITY
Upon its completion, the Final Statement of Reasons
(FSOR) will be available and copies may be requestedfrom the agency contact persons in this notice, or maybe accessed on ARB’s website listed below.
INTERNET ACCESS
This notice, the ISOR and all subsequent regulatory
documents, including the FSOR, when completed, areavailable on ARB’s website for this rulemaking athttps://www.arb.ca.gov/regact/2016/sore2016/
sore2016 .
TITLE 14. FISH AND GAME
COMMISSION
NOTICE IS HEREBY GIVEN  that the Fish and
Game Commission (Commission), pursuant to the au-thority vested by Section 12013.3 of the Fish and Game
Code and to implement, interpret or make specific Sec-
tion 12013.3 of said Code, proposes to add Section748.6, Title 14, California Code of Regulations, relat-ing to establishing standards for imposing penalty en-hancements for illegal take of game with defined
characteristics.
INFORMATIVE DIGEST/POLICY STATEMENT
OVERVIEW
The Fish and Game Commission (Commission) pro-
poses to implement the provisions of Fish and Game
Code Section 12013.3 by adopting definitions of “tro-phy” deer, elk, antelope, bighorn sheep, and wild turkey
for the purpose of enhanced fines and penalties for
poaching animals meeting specified criteria as required
below.
“(b) The Commission shall adopt regulations to
implement this section, including establishing a
trophy designation and monetary value based on
the size or related characteristics of deer, elk,antelope, b ighorn sheep, and wild turkey.”
This rulemaking process proposes to add Section
748.6 to Title 14, California Code of Regulations, to es-
tablish standards that can be used by the courts whenimposing criminal fines in cases where individuals are
convicted of the violations set forth in Fish and Game
Code section 12013.3.
SUMMARY OF PROPOSED ADDITIONS
The Commission is proposing the following regula-
tory changes:
Add Subsection (a) of Section 748.6
For purposes of implementing the penalty enhance-
ments set forth in Fish and Game Code section 12013.3,
the following subsections will be added to Title 14 and
animals meeting the criteria specified will be designat-ed as trophies:
Add subsection (1) In deer hunting zones A, all B
zones, D10, D11, D13, D15, and D16, any deer withfour or more points on either antler (excluding eyeguards) or with an outside antler spread of at least six-
teen inches. In all other deer hunting zones (all X zones,
all C zones, and zones D3, D4, D5, D6, D7, D8, D9,D12, D14, D 17, D19), any deer with four or morepoints on either antler (excluding eye guards) or with
an outside antler spread of at least twenty−two inches.
For purposes of establishing a trophy standard for
deer, California’s deer hunting zones are divided into
two groups, each with a different standard that qualifies
as a trophy.
Deer zones A, all B zones, D10, D11, D13, D15, D16:
Deer having four or more points on at least one side not
including eye guards or an outside spread of 16 inches
or greater.
For all X zones and all C zones, and zones D3, D4,
D5, D6, D7, D8, D9, D12, D14, D 17, D19 (there is no