G/TBT/N/USA/1793  
2 November 2021  
(21-8308) Page: 1/2 
Committee on Technical Barriers to Trade  Original:  English  
 
  
NOTIFICATION  
The following notification is being circulated in accordance with Article 10.6  
 
1. Notifying Member:  UNITED STATES OF AMERICA   
If applicable, name of local government involved (Article 3.2 and 7.2):  State of 
California  
2. Agency responsible:  Environmental Protection Agency, Air Resources Board, State of 
California [1822]  
Name and address (including telephone and fax numbers , email  and website 
addresses, if available) of agency or authority designated to handle comments 
regarding the notification shall be indicated if different from above:   
Please submit comments to: USA WTO TBT Enquiry Point, Email: usatbtep@nist.gov  
3. Notified under Article 2.9.2 [   ], 2.10.1 [   ], 5.6.2 [   ], 5.7.1 [   ], other : Technical 
Regulation - Local Government (Article 3.2)  
4. Products covered (HS or CCCN where applicable, otherwise national tariff 
heading. ICS numbers may be provided in addition, where applicable):  
Commercial harbor craft emissions; Environmental protection (ICS 13.020), Transport 
exhaust emissions (ICS 13.040.50), Seagoing vessels (ICS 47.040)  
5. Title, number of pages and languag e(s) of the notified document:  Commercial 
Harbor Craft Regulation (11 page(s), in English)  
6. Description of content:  Proposed rule - Amends rules to provide for more stringent 
engine emissions performance standards for NOx and particulate matter. Vessel owners 
and operators would need to meet performance standards between 2023 and 2032 
according to a schedule based on vessel category and engine model year.   Proposes to 
amend section 2299.5, title 13, division 3, chapter 5.1  of the California Code of 
Regulations (CCR) and section 93118.5, title 17, chapter 1, subchapter 7.5 , CCR.  
7. Objective and rationale, including t he nature of urgent problems where 
applicable:  Protection of the environment  
8. Relevant documents:   
No. 39 -Z, California Regulatory Notice Register 24 September 2021 (pages 1315 -1325): 
https://oal.ca.gov/wp -content/up loads/sites/166/2021/09/2021 -Notice -Register -
Number -39-Z-September -24-2021.pdf   
Further information accessible online from the California Air Resources Board 
at  https://ww2.arb.ca. gov/rulemaking/2021/chc2021  
Errata and Comment Period Extension   (Deadline to Submit Public Comments: 15 
November 2021, or during the Public Hearing on 19 November 2021)  
Notice of Public Hearing   (Deadline to Submit Public Comments: 15 November 
2021, or during the Public Hearing on 19 Nov ember 2021)  G/TBT/N/USA/1793  
 
- 2 - 
 
  Staff Report: Initial Statement of Reasons (ISOR)  
Appendix A: Proposed Regulation Order  
Appendix B: Documents Incorporated by Reference  
Appendix C -1: Standardized Regulatory Impact Assessment (SRIA)  
Appendix C -2: DOF Comme nts to the CHC SRIA and CARB Responses  
Appendix D -1: Draft Environmental Analysis for Commercial Harbor Craft  
Appendix D -2: Attachment A, Environmental and Regulatory Setting  
Appendix D -3: Attachment B, Summary of Environmental Impacts and Mitigation 
Measures  
Appendix D -4: Attachment C, Air Quality Calculations  
Appendix E: Technical Support Document and Assessment of Marine Emission Control 
Strategies, Zero -Emission, and Advanced Technologies  
Appendix F: List of Public Workshops, Meetings, and Phone Calls  
Appendix G: Health Analyses  
Appendix H: 2021 Update to the Emission Inventory for Commercial Harbor Craft: 
Methodology and Results  
WTO Members and their stakeholders are asked to submit comments via e -mail to the 
USA TBT Enquiry Point at usatbtep@nist.gov  by or before 4pm EST on 15 November 2021. 
Comments received within the comment period by the USA TBT Enquiry Point from WTO 
Members and their stakeholders will be shared directly with the California Air Resources 
Board (CARB) and will also be submitted pe r the instructions accessible at 
https://www.arb.ca.gov/lispub/comm/bcsubform.php?listname=chc2021&comm_period
=A. Public comments submitted on this action are a ccessible at 
https://www.arb.ca.gov/lispub/comm/bccommlog.php?listname=chc2021 . WTO 
Members who provide comments to the CARB during the public hearing on 19 November 
are kind ly requested to also submit the comments to the USA TBT Enquiry Point via e -
mail at usatbtep@nist.gov . 
9. Proposed date of adoption:  To be determined  
Proposed date of entry into force:  To be determined  
10. Final date for comments:  8 November 2021  
11. Texts available from:  National enquiry point [ ] or address, telephone and fax 
numbers and email and website addresses, if available , of other body:   
https://members.wto.org/crnattachments/2021/TBT/USA/21_6942_00_e.pdf  
https://members.wto .org/crnattachments/2021/TBT/USA/21_6942_01_e.pdf