State of California

AIR RESOURCES BOARD

Notice of Public Availability of Modified Text

PUBLIC HEARING TO CONSIDER PROPOSED AMENDMENTS TO THE 

AIRBORNE TOXIC CONTROL MEASURE FOR IN-USE DIESEL-FUELED

TRANSPORT REFRIGERATION UNITS (TRU) AND TRU GENERATOR SETS, AND 

FACILITIES WHERE TRUs OPERATE

Public Hearing Date: October 21, 2011

Public Availability Date: February 28, 2012

Deadline for Public Comment: March 14, 2012

At its October 21, 2011, public hearing, the Air Resources Board (ARB or Board) 

considered proposed amendments to the Airborne Toxic Control Measure (ATCM) for 

In-Use Diesel-Fueled Transport Refrigeration Units (TRU) and TRU Generator Sets, 

and Facilities Where TRUs Operate (TRU ATCM), title 13, California Code of 

Regulations section 2477 and adopted new sections 2477.1, 2477.2, 2477.3, 2477.4,

2477.5, 2477.6, 2477.7, 2477.8, 2477.9, 2477.10, 2477.11, 2477.12, 2477.13, 2477.14,

2477.15, 2477.16, 2477.17, 2477.18, 2477.19, 2477.20, and 2477.21, which are 

designed to provide flexibility, improve enforceability, improve compliance rates, and 

clarify existing requirements. At the hearing, the Board adopted Resolution 11-35 that 

covered the amendment to section 2477 and the proposed adoption of sections 2477.1 

to 2477.21, that were initially proposed by staff and described in the Notice of Public 

Hearing (45-Day Public Notice) and Staff Report, which were initially published on 

August 31, 2011. Modifications were suggested by staff in a document entitled “Staff’s 

Suggested Modifications to the Original Proposal” that was distributed at the hearing 

and that was Attachment B to the Resolution.1

In accordance with Government Code section 11346.8, the Board directed the 

Executive Officer to adopt the amendment to the California Code of Regulations, title17, 

section 2477, and to adopt new sections 2477.1 to 2477.21, as proposed by staff, and 

to determine if additional modifications to the originally proposed amendment and 

adoption of sections 2477.1 to 2477.21 are appropriate, and if the Executive Officer 

does so determine, to make the modified regulatory language available for public 

comment for a period of 15 days before taking final action to adopt the amendments. 

The Board further provided that the Executive Officer shall consider such written 

comments as may be submitted during this period, shall make modifications as may be 

appropriate in light of the comments received, and shall present the regulations to the 

Board for further consideration if warranted.

 

1 This document was inadvertently identified as Attachment D to Resolution 11-35 at the October 21, 

2011 public hearing, but the text of this document clearly indicates that it presents staff’s suggested 

modifications to the originally proposed amendments to the regulatory text set forth in Appendix A to the 

Staff Report: Initial Statement of Reasons (released August 31, 2011). 
2

Resolution 11-35 further directed the Executive Officer to prepare and approve written

responses to comments received, including comments raising significant environmental

issues, as required by Government Code section 11346.9, Public Resource Code

section 21080.5(d)(2)(D), and the California Code of Regulations, title 17, section 

60007, to determine whether there are feasible alternatives or mitigation measures that 

could be implemented to reduce or eliminate any potential adverse environmental 

impacts, to make findings as required by Public Resources Code section 21081 if the 

proposed amendments would result in one or more significant adverse environmental 

impacts, and to take final action to adopt the proposed amendment to, and proposed 

adoption of California Code of Regulations, title 13, sections 2477 to 2477.21, as 

modified in the publicly noticed 15-day changes.

The regulatory documents for this rulemaking, including Resolution 11-35, are available 

online at the following ARB website: 

http://www.arb.ca.gov/regact/2011/tru2011/tru2011.htm

This notice is an announcement of the opening of a 15-day comment period in which 

the public may provide comments on proposed modifications to the Transport 

Refrigeration Unit regulation. 

Summary of Proposed Modifications

Attachment 1 to this notice contains the text of title 13, California Code of Regulations 

sections 2477, 2477.1, 2477.2, 2477.3, 2477.4, 2477.5, 2477.6, 2477.7, 2477.8, 2477.9,

2477.10, 2477.11, 2477.12, 2477.13, 2477.14, 2477.15, 2477.16, 2477.17, 2477.18,

2477.19, 2477.20, and 2477.21 that shows the proposed 15-day modifications to the 

originally proposed amendments to section 2477 and the proposed adoption of sections 

2477.1 to 2477.21 of the TRU ATCM.

I. Modifications to Regulatory Text of title 13, California Code of Regulations 

(CCR) sections 2477 through 2477.21 Being Made Available for Comment 

A. Requirements for Owners or Operators [13 CCR section 2477.5]

1. In section 2477.5(g)(3), subparagraph (C) was added to provide an 

additional means to submit an application to the Executive Officer 

electronically through ARB’s ARBER website.

2. In section 2477.5(j)(1)(C), subparagraph 3. was added to provide 

an additional means to submit an application to the Executive 

Officer electronically through ARB’s ARBER website.
3

3. In section 2477.5(k)(1)(A)6., subparagraph c. was added to provide 

an additional means to submit an application to the Executive 

Officer electronically through ARB’s ARBER website.

4. In section 2477.5(k)(1)(A), subparagraph 7. was added to require

TRUs and TRU gen sets to be registered in ARBER under section 

2477.5(e) if the owner chooses to apply for a compliance extension 

because there is no suitable compliance technology available. 

Registration provides a way to track these units in ARBER while a 

compliance extension is in effect, and provides a mechanism for an

inspector to check ARBER and determine that a citation for 

noncompliance should not be issued if an extension is in effect. In 

addition, registration provides for verification that compliance has 

been achieved after the extension has expired.

5. In section 2477.5(l)(1)(C)5., subparagraph c. was added to provide 

an additional means to submit an application to the Executive 

Officer electronically through ARB’s ARBER website.

6. In section 2477.5(m)(1)(G), subparagraph 3. was added to provide 

an additional means to submit an application to the Executive 

Officer electronically through ARB’s ARBER website.

7. In section 2477.5(n)(1)(E), subparagraph 3. was added to provide 

an additional means to submit an application to the Executive 

Officer electronically through ARB’s ARBER website.

B. Requirements for TRU and TRU Gen Set Original Equipment 

Manufacturers [13 CCR section 2477.13]

1. Section 2477.13(a)(3) has been modified to require the original 

equipment manufacturer (OEM) to provide a written disclosure to 

be shipped with the TRU or TRU gen set if a TRU or TRU gen set 

is equipped with a flexibility engine. The modification also requires 

the OEM to instruct the dealer that sells the TRU or TRU gen set

that they are required by California law to notify the ultimate 

purchaser of this disclosure prior to sale, and to pass the 

OEM-provided written disclosure to the ultimate purchaser at point 

of sale. The originally proposed amendment required the OEM to

provide a written disclosure to the ultimate purchaser prior to sale

of a TRU or TRU gen set that is equipped with a flexibility engine. 

An OEM provided comments during the 45-day public comment 

period that they do not sell TRUs and TRU gen sets directly to most 

ultimate purchasers and therefore do not have an opportunity to 

directly provide a written disclosure to most ultimate purchasers
4

prior to sale. Instead, the OEM’s dealers sell TRUs and TRU gen 

sets to most ultimate purchasers and would therefore have direct 

contact with these ultimate purchasers and be able to provide the 

required notification. This modification therefore accommodates 

OEMs such as the commenter.

2. New sections 2477.13(c)(2)(D) and 2477.13(c)(3)(D) have been 

added, which allow TRU or TRU gen set OEMs to request 

Executive Officer approval of an alternative web-based, on-line

look-up system to provide registration information to TRU and TRU 

gen set owners. The Executive Officer must find the alternative to 

be at least as effective as the originally proposed amendment, 

which required the OEM to provide a registration information 

document with each new TRU or TRU gen set. An OEM suggested 

this approach during the 45-day public comment period because its 

system is not compatible with the originally proposed amendment.

C. Requirements for TRU, TRU Gen Set, and TRU-Equipped Truck and 

Trailer Dealers [13 CCR section 2477.14]

1. Section 2477.14(a)(1) was modified to require dealers to provide a 

print-out of the registration information from the OEM’s web-based 

look-up for a new TRU or TRU gen set if the OEM does not provide 

the registration information document with the new TRU or TRU 

gen set and instead obtains approval from the Executive Officer for 

the alternative under section 2477.13(c)(2)(D) to provide 

registration information through a web-based look-up.

2. Section 2477.14(a)(2) was modified to require dealers to provide a 

print-out of the registration information from the OEM’s web-based 

look-up for a new replacement engine or rebuilt replacement engine 

if the OEM does not provide the registration information document 

with the new replacement engine or rebuilt replacement engine and 

instead obtains approval from the Executive Officer for the 

alternative under section 2477.13(c)(3)(D) to provide registration 

information through a web-based look-up.

3. New section 2477.14(a)(4) has been added to require TRU and 

TRU gen set dealers to notify the ultimate purchaser, prior to sale, 

of the OEM’s disclosure that a new TRU or TRU gen set is 

equipped with a flexibility engine. The modification also requires 

dealers to pass the OEM’s written disclosures, under section 

2477.13(a)(3), that the TRU or TRU gen set is equipped with a 

flexibility engine, to the ultimate purchaser at point of sale. This 

requirement is related to and consistent with the modification 
5

described in B.1., above, and therefore meets the Board’s direction 

to propose additional conforming modifications for comment and 

adoption.

II. Other Minor Changes 

ARB staff is also proposing the following minor changes.

A. Exemptions [13 CCR section 2477.3]

1. Subsection (d) included an incorrect reference to “subsection 

2477.5(o)” and has been corrected to read “subsection 2477.5(j).”

B. Requirements for Owners or Operators [13 CCR section 2477.5]

1. In section 2477.5(a)(2), a double underline was added to the 

subparagraph outline heading “(A)” because the underline was 

omitted in the original version.

2. In section 2477.5(b)(3), a double underline was added to 

subparagraph outline headings “(A)” and “(B)” because the 

underline was omitted in the original version.

3. In section 2477.5(b)(4)(A), a double underline was added to 

subparagraph outline headings “1.” and “2.” because the underline 

was omitted in the original version.

4. In section 2477.5(b)(5)(B), a double underline was added to 

subparagraph outline heading “1.” because the underline was 

omitted from the original version.

5. In section 2477.5(d)(3)(A), the subparagraph numbering was 

corrected by deleting the numerical outline headings “(1)” through 

“(6)” and replacing them with numerical outline headings “1.” 

through “6.” because the wrong outline hierarchy was used for this 

list.

6. In section 2477.5(d)(3)(B), the subparagraph numbering was 

corrected by deleting the numerical outline headings “(1)” through 

“(7)” and replacing them with numerical outline headings “1.” 

through “7.” because the wrong outline hierarchy was used for this 

list.

7. In section 2477.5(e)(1)(B), a double underline was added to the 

subparagraph outline heading “1.” because the underline was 
6

omitted from the original version.

8. In section 2477.5(g)(2), the second instance of subparagraph (E) 

was corrected to be subparagraph (F).

9. In section 2477.5(h)(1), “Owner/Operator” was capitalized 

(lowercase letters “o” was replaced with uppercase letters “O”) to 

be consistent with section title formatting requirements.

10. In section 2477.5(h)(1)(D), at the end of the last sentence, a 

comma and space were placed between “2477.5(e)” and 

“2477.5(f)”.

11. In section 2477.5 (j)(1)(G), the numbering of subparagraph 3. was 

corrected to be subparagraph 2.

C. Requirements for California-Based Shippers [13 CCR section 

2477.10]

1. In section 2477.10(a), a duplicate “that” was deleted.

D. Requirements for California-Based Receivers [13 CCR section 

2477.11]

1. In section 2477.11(a), a duplicate “that” was deleted.

E. Requirements for TRU and TRU Gen Set Original Equipment 

Manufacturers [13 CCR section 2477.13]

1. In section 2477.13(b)(1)(B), a double underline was added to the 

subparagraph outline heading “3.” because the underline was 

omitted from the original version.

2. In section 2477.13(b)(2)(C), subparagraph heading number “9.” 

was added because it had been incorrectly struck out in the earlier 

version.

3. In section 2477.13(d), change the word “disclose” to “disclosure.”
7

Submittal of Comments

Written comments will only be accepted on the modifications described in this notice

and may be submitted by postal mail or electronic mail submittal as follows:

Postal mail: Clerk of the Board

Air Resources Board

1001 I Street

Sacramento, 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 oral 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 request. 

In order to be considered by the Executive Officer, comments must be directed to ARB

in one of the two forms described above and received by ARB by 5:00 p.m., on 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 Clerk of the Board 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.

Attachment

The energy challenge facing California is real. Every Californian needs to take immediate action to 

reduce energy consumption. For a list of simple ways you can reduce demand and cut your energy 

costs, see ARB’s website at www.arb.ca.gov.
ATTACHMENT 1

15-Day Modifications to the Original Proposal

MODIFICATIONS TO THE PROPOSED AMENDMENTS TO THE

AIRBORNE TOXIC CONTROL MEASURE FOR IN-USE DIESEL-FUELED 

TRANSPORT REFRIGERATION UNITS (TRU) AND TRU GENERATOR SETS, AND 

FACILITIES WHERE TRUs OPERATE

Shown on the following pages are the proposed modifications to the originally proposed 

regulatory text set forth in Appendix A of the Staff Report: Initial Statement of Reasons, 

which was released August 31, 2011. All originally proposed regulatory language is 

shown in underline to indicate additions and strikeout to indicate deletions. The 

proposed modifications to the original proposal are shown in double underline to 

indicate additions and double strikeout to indicate deletions. Text that is both single 

underlined and double struck through is text that staff proposed during the 45-day public 

notice period but later retracted as part of this 15-day public notice period.

Various portions of the regulation that are not modified by staff’s suggested 

modifications are omitted from the text shown and indicated by:

******
This page left intentionally blank
3

Airborne Toxic Control Measure for In-Use Diesel-Fueled Transport Refrigeration 

Units (TRU) and TRU Generator Sets, and Facilities Where TRUs Operate

____________________________________________________________________

Amend article 8, Off-Road Airborne Toxic Control Measures, and section 2477 and 

adoption of sections 2477.1, 2477.2, 2477.3, 2477.4, 2477.5, 2477.6, 2477.7, 2477.8, 

2477.9, 2477.10, 2477.11, 2477.12, 2477.13, 2477.14, 2477.15, 2477.16, 2477.17, 

2477.18, 2477.19, 2477.20, and 2477.21, within division 3, chapter 9, title 13, California 

Code of Regulations (CCR), to read as follows:

Article 8. Off-Road Airborne Toxic Control Measures 

Section 2477. Airborne Toxic Control Measure for In-Use Diesel-Fueled 

Transport Refrigeration Units (TRU) and TRU Generator Sets, and Facilities 

Where TRUs Operate.

******

(c)2477.3 Exemptions. 

******

(d) TRUs that are used during an emergency (as defined) are exempt from the in-use 

performance standards of section 2477.5(a) of this subarticle, provided the 

requirements of subsection 2477.5(oj) are met. This exemption expires on 

January 1, 2025. California-based TRUs are not exempt from the ARBER 

registration requirements in section 2477.5(e).

******

(e)2477.5 Requirements for Owners or Owner/Operators.

******

(A)(a) In-Use Performance Standards: 

******

2.(2) In-Use performance standard categories for TRU and TRU gen set 

engines with rated brake horsepower greater than or equal to 

25 horsepower (>25 hp) are shown in Table 4, along with the engine 

certification standards or the level of VDECS that is necessary to 

qualify for each category.

******
4

a.(A) Compliance with the in-use performance standards can be 

achieved by:

******

(B)(b) In-Use Compliance Dates:

******

3.(3) No owner or owner/operator shall operate a 2003 MY TRU or TRU 

gen set engine in California unless it meets the in-use performance criteria 

set forth in subsection (e)(1)(A)2477.5(a) for

a.(A) LETRU on or before December 31, 2010, and

b.(B) ULETRU on or before December 31, 2017, as shown in Tables 5

and 6.

4.(4) No owner or owner/operator shall operate a 2004 MY and 

subsequent MY TRU or TRU gen set engine in California unless it meets 

the in-use performance criteria set forth in paragraph (e)(1)(A) subsection 

2477.5(a) for ULETRU on or before December 31st of the seventh year 

past the engine’s model year, as shown in Tables 51 and 66,68 with the 

following exception:

a.(A) Less than 25 hp model year 2004 engines shall meet the in-use 

performance criteria set forth in paragraph (e)(1)(A)section 2477.5 (a), 

shown in Table 5, for:

I1. LETRU on or before December 31, 2011, and

II2.ULETRU by December 31, 2018.

******

5.(5) Requirements for TRUs or TRU gen sets that are equipped with 

flexibility engines and operated in California.

******

b.(B) To allow TRU and TRU gen set owners to meet the 

registration requirements of subparagraph (a)subsection (A) above, 

the original equipment manufacturer shall by April 6, 2011:

 61 Model years 2013, and subsequent (not shown in tables 5 and 6), shall meet ULETRU by December 31st of the 

seventh year after the engine model year or effective model year, except as allowed under (e)(1)(B)5section 

2477.5(b)((5).
5

I1. Provide the following unit and flexibility engine information to 

ARB in electronic format:

******

(D)(d) In-Use Recordkeeping and Reporting.

******

(3) An owner that has elected to comply by using a hybrid electric TRU or 

electric standby-equipped TRU must meet the following recordkeeping, 

and reporting requirements for each unit. 

(A) Beginning [30 days after the amendments become effective] 

manual recordkeeping is required for all such units until automated 

monitoring, recordkeeping, and reporting is required under the 

phased compliance schedule in subparagraph (B), below. Manual 

records shall include the following, for each TRU that is equipped 

with electric standby or hybrid electric:

(1)1. ARB Identification Number of the unit, issued under 

section 2477.5(e);

(2)2. Date;

(3)3. Address of each stationary location lasting more than 

5 minutes. This record may be a location code for each 

stationary location, provided the owner or operator also provides 

a cross-reference of location codes with the corresponding 

physical addresses;

(4)4. Time of arrival and departure, and the elapsed time 

calculated from those readings to show the duration of the 

stationary position;

(5)5. Engine hour meter readings taken at arrival and departure 

and the elapsed time calculated from those readings to show 

the TRU engine run time while the vehicle is at the stationary 

location; and

(6)6. Electric shore power driven electric motor hour meter 

readings taken at arrival and departure and the elapsed time 

that electric shore power drove the refrigeration system while 

the vehicle is at the stationary location.

(B) Automated monitoring, recordkeeping, and reporting is required for 

at least 50 percent of an owner’s TRUs by December 31, 2012 and 

100 percent of an owners TRUs by December 31, 2013. 

Automated monitoring, recordkeeping and reporting is required with 

an electronic tracking system (as defined in section 2477.4) and 

shall include data that includes the following for each stationary 

location lasting more than 5 minutes (300 seconds):
6

(1)1. ARB Identification Number of the unit, issued under 

section 2477.5(e);

(2)2. Date;

(3)3. Address of each stationary location lasting more than 

5 minutes (300 seconds). This record may be the GPS 

coordinates and a location code for each stationary location, 

provided the owner or operator also provides a cross-reference 

of location codes with the corresponding physical addresses;

(4)4. Time of arrival and departure, and the elapsed time 

calculated from those readings to show the duration of the 

stationary position;

(5)5. Engine hour meter readings taken at arrival and departure 

and the elapsed time calculated from those readings to show 

the TRU engine run time while the vehicle is at the stationary 

location; and

(6)6. Electric motor hour meter readings taken at arrival and 

departure and the elapsed time that electric shore power is 

powering the refrigeration system while the vehicle is at the 

stationary location.

(7)7. The electronic tracking system shall generate a report that 

lists all stationary locations lasting more than 5 minutes where 

the TRU engine operated for more than 30 minutes, resulting in 

a violation.

******

(E)(e) ARB Identification Numbering Requirements.

******

1.(1) California-based TRUs and TRU gen sets:

******

b.(B) Applications shall be submitted by one of the following methods:

I.1. Mail or deliver a physical report to ARB at the address listed 

immediately below:

******

(g) ULETRU Extension for Compliance by Original Compliance Date

******

(2) Owner must apply for the ULETRU extension at least 90 days before the 

ULETRU compliance date by submitting an ARB application that includes 

the following information:
7

******

(E) In the case of a unit replacement, documentation on the old 

noncompliant unit that was replaced; and

(EF) Owner’s or responsible official’s signature, after the statement: “I 

certify under penalty of perjury under the laws of the State of California 

that the information provided is true, accurate, and complete.”

(3) The owner or responsible official must submit an application for “ULETRU 

Extension for Compliance by the Original Compliance Date” to the 

Executive Officer by one of the following methods:

******

(C)Electronically submit through ARB’s ARBER website at: 

http://www.arb.ca.gov/arber/arber.htm

******

(2)(h) Fuel Requirements.

(A)(1) Owners or oOwner/oOperators Choosing to Use Alternative Diesel 

Fuels.

******

4.(D)In the event that the owner or owner/operator decides to revert to using 

conventional diesel or CARB diesel fuel, the owner or owner/operator shall 

comply with the requirements of subsection (e)(1)2477.5(a) within 10 days 

of discontinuation of alternative diesel fuel use. Within 10 days of 

discontinuation, the owner or owner/operator shall notify the Executive 

Officer in writing of this change in fuel use and shall include an update to 

any ARB I.D. number application the compliance information submitted to 

ARBERor annual report submitted to comply with 

subsections (e)(1)(E),2477.5(e), (e)(1)(F)2477.5(f), or (f)(1)2477.6.

******

(j) Mobile Catering Company Exemption Requirements.

(1) The Executive Officer may grant a one year exemption to mobile catering 

companies for TRUs that are not compliant with the in-use performance 

standards under section 2477.5(a) if the following conditions are met:
8

******

(C)The mobile catering company must submit an application each year for a 

Mobile Catering Company Exemption to the Executive Officer by one of 

the following methods:

******

3. Electronically submit through ARB’s ARBER website at:

http://www.arb.ca.gov/arber/arber.htm

******

(G)During transit on California highways, the driver must, upon request:

******

32.Allow the ARB inspector to inspect the TRU to confirm the Mobile 

Catering Service exemption applies to the equipment.

******

(k) Compliance Extension for In-Use Performance Standards Based on 

Unavailability of Compliance Technology.

(1) If there is no compliance technology available for a specific TRU or TRU gen set 

within six months of a compliance date, the Executive Officer may grant a one 

year extension of the compliance deadline, provided the following conditions are 

met:

(A) A person or applicant must submit a written application to the Executive 

Officer that demonstrates the absence of any suitable compliance option that 

can be used on the specific equipment and the owner cannot otherwise meet 

the requirements of subsection 2477.5(a) by the compliance dates of 

subsection 2477.5(b). The application for and issuance of any extension 

pursuant to this subsection shall be subject to the following requirements:

******

6. The owner or responsible official must submit an application for 

Compliance Extension to the Executive Officer by one of the following 

methods:

******

c. Electronically submit through ARB’s ARBER website at:
9

http://www.arb.ca.gov/arber/arber.htm

7. The TRU or TRU gen set shall be registered in ARBER under 

section 2477.5(e).

******

(l) Compliance Extension for In-Use Performance Standards Based on Delays 

Due to Private Financing, Equipment Manufacture Delays, or Installer Delays.

(1) The Executive Officer may grant a one-time, maximum four month extension to 

the normal compliance date set forth in subsection 2477.5(b) for meeting the inuse performance standards set forth in subsection 2477.5(a), provided certain 

conditions are met:

******

(C)An extension application is submitted before the compliance deadline that 

explains in detail why a compliance extension is needed and how much 

additional time to comply is needed, including: 

******

5. The owner or responsible official must submit an application for 

Compliance Extension to the Executive Officer by one of the following 

methods:

******

c. Electronically submit by email to: arber@arb.ca.gov

(m) ULETRU Extension for Compliance with LETRU.

(1) The ULETRU compliance dates required under subparagraphs 2477.5(b)(1) 

through (4) may be extended one year for TRUs or TRU gen sets equipped with 

MY 2003 or older engines if they complied by meeting the LETRU In-Use 

Performance Standard by the compliance dates listed below and the following 

qualifications are met:

******

(G)The owner or responsible official must submit an application for ULETRU 

Compliance Extension for Compliance with LETRU for TRU or TRU gen set 

replacement under subparagraph 2477.5(m)(1)(C), above, to the Executive 

Officer by one of the following methods:

******
10

3. Electronically submit through ARB’s ARBER website at:

http://www.arb.ca.gov/arber/arber.htm

(n) Safe Passage for Noncompliant Equipment Traveling in California.

(1) The Executive Officer may grant a safe passage permit to a TRU or TRU gen set 

owner to travel on California highways with a specific noncompliant TRU or TRU 

gen set, provided the following conditions are met:

******

(E) The owner shall submit an application for a safe passage permit to the 

Executive Officer. Safe passage permit applications shall be submitted by 

one of the following methods:

******

3. Electronically submit through ARB’s ARBER website at:

http://www.arb.ca.gov/arber/arber.htm

******

2477.10 Requirements for California-Based Shippers.

(a) Beginning January 1, 2013, California-based shippers that that arrange, hire, 

contract for, or dispatch the transport of perishable goods in TRU-equipped 

trucks, trailers, shipping containers, or railcars, or TRU gen sets on California 

highways or railways must:

******

2477.11 Requirements for California-Based Receivers.

(a) Beginning January 1, 2013, California-based receivers that that arrange, hire, 

contract for, or dispatch the transport of perishable goods in TRU-equipped 

trucks, trailers, shipping containers, or railcars; or TRU gen sets on California 

highways or railways must:

******

2477.13 Requirements for TRU and TRU Gen Set Original Equipment 

Manufacturers.

(a) TRU and TRU original equipment manufacturers that equip TRUs or TRU gen sets 

with flexibility engines, as defined in section 2477.4, shall do all of the following:
11

******

(3) Beginning [120 days after the effective date of the amendment] Tthe original 

equipment manufacturer shall provide written disclosures to the ultimate 

purchaser, prior to sale ofwith new TRUs or TRU gen sets that are equipped with 

flexibility engines. These written disclosures may be included with 

documentation that is shipped with the TRU or TRU gen set and must include 

instructions to dealers telling them they are required by California law to notify 

the ultimate purchaser of these disclosures prior to sale and to pass these written 

disclosures to the ultimate purchasers at point of sale. The following disclosures 

are required:

******

(3)(b) Original Equipment Manufacturer Reporting 

(A)(1) Current Production Reports: 

******

2.(B) The following engine information for each TRU or TRU gen set 

model:

******

c.3. Engine model, as it appears on the serial number label, if different;

******

(B)(2) Prior Production Reports:

******

3.(C) Original equipment manufacturers shall provide the following 

information for each TRU and TRU gen set:

******

i.9.9. Tier standard met.

******

(c) Beginning [120 days after the effective date of the amendment] TRU and TRU gen 

set original equipment manufacturers (OEM) that sell TRUs, TRU gen sets, or 

replacement engines in California shall:
12

******

(2) Provide a registration information document with each new TRU and TRU gen 

set, that includes:

******

(D)As an alternative to providing the registration information document, the TRU 

or TRU gen set original equipment manufacturer may provide a web-based,

on-line lookup system for registration information that is at least as effective 

as section 2477.13(c)(2)(A), (B), and (C), subject to advance Executive 

Officer approval. In determining whether a specific web-based, on-line lookup 

system for registration information is at least as effective as section 

2477.13(c)(2)(A), (B), and (C), the Executive Officer shall consider 

information submitted by the manufacturer and shall exercise good scientific 

and engineering judgment. 

(3) Provide a registration information document with each new and rebuilt 

replacement engine supplied by the OEM that includes:

******

(D)As an alternative to providing the registration document, the TRU or TRU gen 

set original equipment manufacturer may provide a web-based, on-line lookup 

system for registration information that is at least as effective as section 

2477.13(c)(3)(A), (B), and (C), subject to advance Executive Officer approval. 

In determining whether a specific web-based, on-line lookup system for 

registration information is at least as effective as section 2477.13(c)(2)(A), 

(B), and (C), the Executive Officer shall consider information submitted by the 

manufacturer and shall exercise good scientific and engineering judgment.

******

2477.14 Requirements for TRU, TRU Gen Set, and TRU-Equipped Truck and 

Trailer Dealers.

(a) Beginning [120 days after amendment effective date], dealers that sell and/or install 

TRUs, TRU gen sets, or replacement engines in California shall:

(1) Pass the registration information document provided by the TRU or TRU gen set 

OEM (under section 2477.13) or print-out from the OEM’s web-based look-up 

system (under section 2477.13(c)(2)(D) or 2477.13(c)(3)(D)) to the ultimate 

purchaser upon sale of a new TRU or TRU gen set that includes the TRU or TRU 

gen set unit information and the TRU engine information required for registration 

under section 2477.5(e).
13

(2) Pass the registration information document provided by the TRU or TRU gen set 

OEM under (section 2477.13) or print-out from the OEM’s web-based look-up 

system (under section 2477.13(c)(2)(D) or 2477.13(c)(3)(D)), or engine rebuilder 

(under section 2477.16) to the ultimate purchaser upon sale of a new 

replacement engine, or rebuilt replacement engine that includes the engine 

information required for registration under section 2477.5(e).

******

(4) If a new TRU or TRU gen set is equipped with a flexibility engine, the dealer shall 

notify the ultimate purchaser of the written disclosures provided by the OEM 

under section 2477.13(a)(3) prior to sale and shall pass these disclosures to the 

ultimate purchaser at point of sale of a new TRU or TRU gen set.

******