California Regulatory Notice Register

546c96c94759fe84c90b842db2be0bd3c4565e20

California Z Register

Time- Dated Material GAVIN NEWSOM, GOVERNOR OFFICE OF ADMINISTRATIVE LAW REGISTER 2020, NUMBER 1−Z PUBLISHED WEEKLY BY THE OFFICE OF ADMINISTRATIVE LAW JANUARY 3, 2020 PROPOSED ACTION ON REGULATIONS TITLE 3. DEPARTMENT OF FOOD AND AGRICULTURE Agricultural Seeds, Vegetable Seeds — Notice File Number Z2019−1223−01 ................................. 1 TITLE 3. DEPARTMENT OF FOOD AND AGRICULTURE Japanese Beetle, Inspections for Compliance — Notice File Number Z2019−1223−03 .......................... 4 TITLE 4.

CALIFORNIA HORSE RACING BOARD Penalties for Medication Violations — Notice File Number Z2019−1220−04 ................................. 6 TITLE 4. CALIFORNIA HORSE RACING BOARD Shockwave Therapy Restricted — Notice File Number Z2019−1220−03 .................................... 12 TITLE 8. OCCUPATIONAL SAFETY AND HEALTH STANDARDS BOARD General Industry Safety Orders

Section 5189 — Process Safety Management of Acutely Hazardous Materials, Appendix A List of Acutely Hazardous Chemicals, Toxics, and Reactives (HORCHER) — Notice File Number Z2019−1220−02 ............................... 16 TITLE 8. OCCUPATIONAL SAFETY AND HEALTH STANDARDS BOARD General Industry Safety Orders

Section 6051, 6056, 6057 — Commercial Diving Operations — Notice File Number Z2019−1220−01 .................................................... 18 TITLE 14. FISH AND GAME COMMISSION Mammal Tag Quotas — Notice File Number Z2019−1224−05 ............................................ 23 TITLE 14. FISH AND GAME COMMISSION Waterfowl — Notice File Number Z2019−1224−07 .................................................... 27 TITLE 14. DEPARTMENT OF RESOURCES RECYCLING AND RECOVERY Pharmaceutical and Sharps Stewardship Project — Notice File Number Z2019−1223−02 ...................... 30 TITLE 18.

DEPARTMENT OF TAX AND FEE ADMINSTRATION Hospitals and Other Medical Facilities — Notice File Number Z2019−1224−02 ............................. 36 (Continued on next page)

PROPOSITION 65 OFFICE OF ENVIRONMENTAL HEALTH HAZARD ASSESSMENT Chemical Listed Effective January 3, 2020 As Known to the State of California to Cause Reproductive Toxicity (Development Endpoint): Cannabis (Marijuana) Smoke and Tetrahydrocannabiol ................................................................... 50 OFFICE OF ENVIRONMENTAL HEALTH HAZARD ASSESSMENT Safe Use Determination (SUD) Issuance Notice — Styrene .............................................. 51

SUMMARY OF REGULATORY ACTIONS Regulations filed with the Secretary of State .......................................................... 52 The California Regulatory Notice Register is an official state publication of the Office of Administrative Law containing notices of proposed regulatory actions by state regulatory agencies to adopt, amend or repeal regulations contained in the California Code of Regulations. The effective period of a notice of proposed regulatory action by a state agency in the California Regulatory Notice Register shall not exceed one year [Government Code § 11346.4(b)].

It is suggested, therefore, that issues of the California Regulatory Notice Register be retained for a minimum of 18 months. CALIFORNIA REGULA TORY NOTICE REGISTER is published weekly by the Office of Administrative Law, 300 Capitol Mall, Suite 1250, Sacramento, CA 95814-4339. The Register is printed by Barclays, a subsidiary of West, a Thomson Reuters Business, and is offered by subscription for $205.00 (annual price). To order or make changes to current subscriptions, please call (800) 328−4880. The Register can also be accessed at http://www.oal.ca.gov.

CALIFORNIA REGULATORY NOTICE REGISTER 2020, VOLUME NUMBER 1-Z PROPOSED ACTION ON REGULATIONS Information contained in this document is published as received from agencies and is not edited by Thomson Reuters. TITLE 3. DEPARTMENT OF FOOD AND AGRICULTURE The Department of Food and Agriculture proposes to adopt

Section 3899 in the regulations in Title 3 of the California Code of Regulations pertaining to the Sched- ule of Agricultural Seeds. PUBLIC HEARING A public hearing is not scheduled. However, a public hearing will be held if any interested person, or his or her duly authorized representative, submits a written re- quest for a public hearing to the Department no later than 15 days prior to the close of the written comment period. WRITTEN COMMENT PERIOD Any interested person or his or her authorized repre- sentative may submit written comments relevant to the proposed regulation to the Department.

Comments may be submitted by USPS, FAX or email. The written com- ment period closes on February 17, 2020. The Depart- ment will consider only comments received at the De- partment offices by that time or postmarked no later than February 17, 2020.

Submit comments to: Dean Kelch, Environmental Program Manager California Department of Food and Agriculture Plant Health and Pest Prevention Services 2800 Gateway Oaks Drive, Suite #200 Sacramento, CA 95833 Dean.Kelch@cdfa.ca.gov 916.403.6650 916.651.2900 (FAX) Unless there are substantial changes to the proposed regulation prior to adoption, the Department of Food and Agriculture may adopt the proposal as set forth in this notice without further notice to the public.

INFORMATIVE DIGEST/PLAIN ENGLISH OVERVIEW T he purpose of this amendment is to update the Sec- tion 3899 to add Industrial Hemp, update various seed scientific and common names to match current nomen- clature, and fix alphabetical errors in the list. By harmo- nizing this regulation with the industry standard, the Department avoids ambiguity and ensures compatibili- ty with standards followed by other states. The proposed amendment of

Section 3899 will in- clude industrial hemp as an agricultural crop in the list of plants and crops grown in California, and ensure that industrial hemp seed that is sold is in compliance with

Chapter 2 of Division 18 of the California Food and Agricultural Code (FAC), also known as the California Seed Law. The Department considered any other possible relat- ed regulations in this area, and finds that these are the only regulations dealing in this subject area, and the on- ly State agency which can implement this proposed reg- ulation. As required by Government Code

Section 11346.5(a)(3)(D), the Department has conducted an evaluation of this proposed regulation and has deter- mined that it is not inconsistent or incompatible with ex- isting state regulations. Anticipated Benefits from This Regulatory Action Including industrial hemp in the list of agricultural crops will ensure seed is properly identified and of the quality and amount specified on the label, and ensure assessment of sales of such seed to cover the Depart- ment’s costs to provide an orderly market place.

According to V ote Hemp, the United States has seen significant growth in acreage of industrial hemp culti- vation: 9,770 acres of industrial hemp were grown in 2016; 25,713 acres were grown in 2017; 78,176 acres were grown in 2018. This rapid increase may have re- sulted in seed sold that is of a character not represented to the buyer. The general amendment changes improve the quality and comprehensibility of

Section 3899, but they are non−substantive. ADOPTED TEXT The adoption of this proposed regulation will add in- dustrial hemp (Cannabis sativa L.) and its synonym “Hemp” to

section 3899(

a) and to specify that the listing applies to “industrial hemp” as defined in the FAC and not to “cannabis” as defined in the Health and Safety Code (HSC), and include a reference to the definition of industrial hemp at the end of

section 3899(a). The adoption of this proposed regulation will also make the following updates to scientific names where necessary to match current accepted nomenclature. 1

CALIFORNIA REGULATORY NOTICE REGISTER 2020, VOLUME NUMBER 1-Z Update scientific names where necessary to match current accepted nomenclature: Change to either species or genus name: Harlan brome ( Bromus stamineus; update = B. catharticus Vahl var. elatus (E. Desv.) Planchuelo), Mountain Brome (Bromus marginatus; update = B. carinatus Hook. and Arn. Var. mar ginatus (Steud.) Barkworth and Anderton), Buffalograss (Buchloe dactyloides; update = Bouteloua dactyloides Columbus), Guineagrass (Panicum maximum var . maximum; update = Megathyrsus maximus (Jacq.) B. K. Simon and S. W. L.

Jacobs), Pearl millet (Pennisetum glaucum; update = Cenchrus americanus (L.) Morrone); Napiergrass (Pennisetum purpureum; update = Cenchrus purpureus (Schumach.) Morrone), Natalgrass (Rhynchelytrum repens; update = Melinis repens (Willd.) Zizka), Smilograss (Piptatherum miliaceum ; update = Oloptum miliaceum (L.) Röser and Hamasha) Added subspecies or variety name: Field bean (Phaseolus vulgaris; update = Phaseolus vulgaris var. vulgaris), Tepary bean ( Phaseolus acutifolius; update = Phaseolus acutifolius var. acutifolius), Y ellow bluestem ( Bothriochloa ischaemum; update = Bothriochloa ischaemum var. ischaemum), California brome (Bromus carinatus; update = Bromus carinatus var. carinatus), Corn (Zea mays; update = Zea mays subsp. mays), Popcorn (Zea mays; update = Zea mays subsp. mays), Annual rape (Brassica napus var. napus; update = Brassica napus subsp. napus f. annua (Schübl. and G.

Martens) Thell.), Turnip rape (Brassica rapa subsp. silvestris; update = Brassica rapa subsp. Oleifera (DC.) Metzg.), Winter rape (Brassica napus var. napus; update = Brassica napus subsp. napus f. napus), Intermediate wheatgrass ( Thinopyrum intermedium subsp. intermedia; update = Thinopyrum intermedium subsp. intermedium), Pubescent wheatgrass (Thinopyrum intermedium subsp. intermedia; update = Thinopyrum intermedium subsp. Barbulatum (Schur) Barkw. and D.R.

Dewey), Remove subspecies or variety name: Barley (Hordeum vulgare L. subsp. vulgare; update = Hordeum vulgare L.), Japanese millet (Echinochloa var. frumentacea; update = Echinochloa frumentacea) Correct citations for listed taxon: Alfilaria (Erodium cicutarium (L.) L’Her.: update = Erodium cicutarium (L.) L’Hér.), Bahiagrass (Paspalum notatum Fluegge; update = Paspalum notatum Flüeggé), Giant bermudagrass: (C. dactylon (L.) Pers. var. aridus Harlan and de Wet; update = C. dactylon (L.) Pers. var. aridus J.R. Harlan and de Wet), Big bluegrass (P. secunda J.S. Presl; update = P. secunda J.

Presl.), Dallisgrass (Paspalum dilatatum Poir); update = (Paspalum dilatatum Poir.), Dichondra (Dichondra repens Forst. and Forst. f.; update = Dichondra repens J.R. Forst. and G.

Forst.), Whitestem filaree (Erodium moschatum (L.) L’Her.; update = Erodium moschatum (L.) L’Hér.), Hardinggrass (Phalaris aquatica (L.); update = Phalaris aquatica L.) India mustard (Brassica juncea (L.) Czernj. and Coss; update = Brassica juncea (L.) Czern.), Napiergrass (Pennisetum purpureum Schum.); update = Cenchrus purpureus (Schumach.) Morrone) Pigeonpea (Cajanus cajan (L.) Millsp.; update = Cajanus cajan (L.) Huth), Sesbania (Sesbania exaltata (Raf.) Rydb. Ex A.W. Hill; update = Sesbania exaltata (Raf.) Rydb.), Beardless wheatgrass (Pseudoroegneria spicata (Pursh) A.

Love; update = Pseudoroegneria spicata (Pursh) Á. Löve), Tall wheatgrass (Thinopyrum ponticum (Podp.) Z. W. Liu and R. C. Wang; update = Thinopyrum ponticum (Podp.) Barkworth and D. R. Dewey), Western wheatgrass (Pascopyrum smithii (Rydb.) A. Love; update = Pascopyrum smithii (Rydb.) Barkworth and D. R. Dewey) Correct alphabetizing for the following: Broomcorn: Sorghum Broom millet: Proso millet Oatgrass, tall Velvetbean 2

CALIFORNIA REGULATORY NOTICE REGISTER 2020, VOLUME NUMBER 1-Z DISCLOSURES REGARDING THE PROPOSED ACTION The Department has made the following initial determinations: Mandate on local agencies or school districts: None. Cost or savings to any state agency: None. Cost to any local agency or school district which must be reimbursed in accordance with Government Code Sections 17500 through 17630: None. Cost or savings in federal funding to the state: None.

Significant, statewide adverse economic impact di- rectly affecting business, including the ability of Cali- fornia businesses to compete with businesses in other states: None. Cost impacts on a representative private person or business: All sellers of agricultural and vegetable seed are required to register with the department with an an- nual fee of forty dollars. Small Business Determination: The proposed regula- tion may affect small business that sell industrial hemp seed. They will be required to pay an annual fee of forty dollars. Other nondiscretionary cost or savings imposed on local agencies: None.

Significant effect on housing costs: None. RESULTS OF THE ECONOMIC IMPACT ASSESSMENT The Department has made an assessment that the pro- posed regulation likely would not eliminate jobs or ex- isting businesses within California. The Department has made an assessment that the proposed regulation likely would promote the creation of new jobs and busi- nesses and affect the expansion of businesses currently doing business within California. By including indus- trial hemp on the

schedule of agricultural seeds, hemp can be registered by seed sellers in the state of Califor- nia, allowing them to expand and grow their business.

ALTERNATIVES CONSIDERED The Department must determine that no reasonable alternative considered to the proposed regulation or that has otherwise been identified and brought to its atten- tion would either be more effective in carrying out the purpose for which the action is proposed or would be as effective and less burdensome to affected private per- sons 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- sion of law than the proposal described in this notice.

The Department considered taking no action. If no action is taken industrial hemp would not be included on the seeds for planting list and seed sellers would not be able to register. AUTHORITY The Department proposes to amend

Section 3899 pursuant to the authority vested by Sections 407 and 52332 of the Food and Agricultural Code of California. REFERENCE The Department proposes this action to implement, interpret and make specific

Section 52332 of the Food and Agricultural Code. CONTACT The agency officer to whom written comments and inquiries about the initial statement of reasons, pro- posed actions, location of the rulemaking files, and re- quest for a public hearing may be directed to is: Dean Kelch, Environmental Program Manager California Department of Food and Agriculture Plant Health and Pest Prevention Services 2800 Gateway Oaks Drive, Suite #200 Sacramento, CA 95833 Dean.Kelch@cdfa.ca.gov 916.403.6650 916.651.2900 (FAX) In his absence, you may contact Rachel Avila at (916) 403−6813.

Questions regarding the substance of the proposed regulation should be directed to Rachel Avila. INTERNET ACCESS The Department has posted the information regard- ing this proposed regulatory action on its Internet web- site (www.cdfa.ca.gov/cdfa/pendingregs). A V AILABILITY OF STATEMENT OF REASONS AND TEXT OF PROPOSED REGULATIONS The Department of Food and Agriculture has pre- pared an initial statement of reasons for the proposed action, has available all the information upon which its proposal is based, and has available the express terms of the proposed action.

CALIFORNIA REGULATORY NOTICE REGISTER 2020, VOLUME NUMBER 1-Z If the regulations amended by the Department differ from, but are sufficiently related to the action proposed, they will be available to the public for at least 15 days prior to the date of amendment. Any person interested may obtain a copy of said regulations prior to the date of adoption by contacting the agency officer (contact) named herein. TITLE 3. DEPARTMENT OF FOOD AND AGRICULTURE The Department of Food and Agriculture (Depart- ment) proposes to amend

Section 3280 in title 3 of the California Code of Regulations for the protection of California’s agricultural industry, residential neighbor- hoods, and the natural environment from the movement and spread of Japanese Beetle within California. PUBLIC HEARING A public hearing is not scheduled. However, a public hearing will be held if any interested person, or his or her duly authorized representative, submits a written re- quest for a public hearing to the Department no later than 15 days prior to the close of the written comment period.

WRITTEN COMMENT PERIOD Any interested person or his or her authorized repre- sentative may submit written comments relevant to the proposed regulation to the Department. Comments may be submitted by USPS mail, FAX or email. The written comments must be received by the Department at its of- fice by February 17, 2020. The Department will consid- er only comments received at the Department offices by that time or postmarked no later February 17, 2020.

Submit comments to: Dean Kelch, Environmental Program Manager California Department of Food and Agriculture Plant Health and Pest Prevention Services 2800 Gateway Oaks Drive, Suite #200 Sacramento, CA 95833 Dean.Kelch@cdfa.ca.gov 916.403.6650 916.651.2900 (FAX) Unless there are substantial changes to the proposed regulation prior to adoption, the Department may adopt the proposal as set forth in this notice without further notice to the public.

INFORMATIVE DIGEST/PLAIN ENGLISH OVERVIEW Existing law allows the Secretary to adopt quarantine regulations as necessary to protect the California agri- cultural industry from pests and prevent the spread of injurious insect pests and animal diseases (Food and Agricultural Code (FAC) sections 407, 5301, and 5302). The proposed amendment to

section 3280 is intended to clarify prohibitions found in the FAC for the preven- tion of the artificial spread of Japanese beetle into Cali- fornia via any means of transportation, and establish en- forcement mechanisms, including holds, inspections, and fines, for violations of the prohibitions. The Department considered any other possible relat- ed regulations in this area and finds that these are the on- ly regulations dealing in this subject area, and the De- partment is the only State agency that can implement this proposed regulation. As required by Government Code

Section 11346.5(a)(3)(D), the Department has conducted an evaluation of this proposed regulation and has determined that it is not inconsistent or incompati- ble with existing state regulations. Anticipated Benefits from This Regulatory Action By increasing trap densities at nurseries, creating new enforcement mechanisms, and defining key terms that are part of the enforcement mechanisms, the amend- ment of

Section 3280 will prevent damage to the agri- cultural industry of California, including direct damage from Japanese beetle infesting conveyances arriving from infested states and provinces. Indirect economic damage will also be prevented from implementation of quarantines, increased agricultural industry production costs, increased pesticide use, increased cost to con- sumers, increased cost of pesticide use to homeowners, the need to implement a State interior quarantine and the need to implement a federal domestic quarantine.

ADOPTED TEXT This proposed action establishes that if, after inspec- tion of any conveyance such as an aircraft, truck, or train car by a California State Plant Quarantine Official, a live Japanese beetle is found in the conveyance or shipment within the conveyance, the following steps shall be taken: 1. The conveyance shall be held for treatment. 2. The shipper of the shipment will be notified of the hold and treatment immediately. 3. The conveyance shall be treated at shipment owner expense. 4. The conveyance shall be re−inspected to determine if free from Live Japanese beetle. 4

CALIFORNIA REGULATORY NOTICE REGISTER 2020, VOLUME NUMBER 1-Z 5. Upon the inspector’s determination that the conveyance is beetle free, the shipment shall be released from hold. 6. The secretary or the commissioner may assess a fine of $2,500 per live Japanese beetle detected pursuant to FAC

section 5311. If a live Japanese beetle is found on or in a con- veyance, the inspector shall issue a hold notice (State Form 66−130) to the shipper representative. The con- veyance will then be held for treatment until the inspect- ing officer determines the Japanese beetle in the con- veyance or shipment has been exterminated.

This proposed action also extends the existing Japa- nese beetle quarantine area to North Dakota, defines the following terms used in the regulation: category 1 state, conveyance, shipper, transporter, owner, bailee, in- specting officer, inspection, and California State Plant Quarantine Officer, and live, dead, and moribund bee- tles.

It also gives minimums for trap density at origin, a site less then 5 acres uses 3 traps, 5−30 acres a minimum of three traps, with 1 additional trap added for every 5 acres over 15 acres, 31 to 160 minimum of 6 traps, with 1 additional trap added for every 10 acres over 60 acres, and sites greater then 160 a minimum of 16 traps, with 1 additional trap added for every 12 acres over 200 acres. It also requires that the documentation to recommend a noninfested county be placed on the approved county list include the date that the area was surveyed. APPEALS Before a civil penalty is levied as described in

section 3280(f)(5), the person charged with the violation can appeal the fine. The appeals process complies with the provisions of FAC 5311. The person charged with the violation shall receive notice and be given an opportu- nity to be heard, if they decide they may seek a review of the decision of the secretary within 30 days of the decision.

To appeal to the secretary the person against whom a civil penalty is levied they may take the following ac- tions within 10 days of the date of receiving notification of the penalty, as follows: The appeal shall be in writing, signed, and shall state the grounds for the appeal. Any party, at the time of filing the appeal or within 10 days thereafter, may present written evidence and a written argument to the secretary. The secretary may grant oral arguments at the time written arguments are filed. If an oral argument is granted, written notice of the time and place for the oral argument shall be given at least 10 days prior to the date set therefor, unless altered b y an agreement between the secretary and the person appealing the penalty. The secretary shall decide the appeal within 10 days after the filing of the appeal, and at oral argument. The secretary shall render a written decision within 45 days of the date of appeal or within 15 days of the date of oral arguments. On an appeal pursuant to this section, the secretary may sustain, modify by reducing the amount of the penalty levied, or reverse the decision.

DISCLOSURES REGARDING THE PROPOSED ACTION The Department has made the following initial determinations: Mandate on local agencies or school districts: None. Cost or savings to any state agency: None. Cost to any local agency or school district which must be reimbursed in accordance with Government Code Sections 17500 through 17630: None. Cost or savings in federal funding to the state: None.

Significant, statewide adverse economic impact di- rectly affecting business, including the ability of Cali- fornia businesses to compete with businesses in other states: There will potentially be a cost impact to ship- pers, but this impact will be ameliorated as shippers bring their conveyances into compliance with the Japa- nese beetle quarantine.

Cost impacts on a representative private person or business: This regulatory proposal may have a small impact on the expansion of current businesses in the State as existing California businesses may choose to be trained and equipped to treat for Japanese beetle and make themselves available as vendors for this service. This impact should be temporary as shippers bring themselves into compliance with the Japanese beetle re- strictions and cease bringing beetles into the State. Small Business Determination: The proposed regula- tion may affect small business.

Other nondiscretionary cost or savings imposed on local agencies: None. Significant effect on housing costs: None. Results of the Economic Impact Assessment The Department has made an assessment that the pro- posed regulation would not likely eliminate jobs or ex- isting businesses within California. The Department has made an assessment that the proposed regulation would likely promote the creation new jobs and busi- nesses and affect the expansion of businesses currently doing business within California.

As stated above under “Anticipated Benefits from this Regulatory Action” the proposed regulation will prevent damage to the agricul- 5

CALIFORNIA REGULATORY NOTICE REGISTER 2020, VOLUME NUMBER 1-Z tural industry of California by preventing direct damage from Japanese beetle infested conveyances arriving from infested states and provinces. The health and wel- fare of California residents will be protected from indi- rect economic damage from implementation of quaran- tines, increased agricultural industry production costs, increased pesticide use, increased cost to consumers, increased cost of pesticide use to homeowners, and the need to implement a State interior quarantine and the need to implement a federal domestic quarantine.

The amendment requires shippers to treat airplanes that do not pass inspection. New vendors may be formed to provide this service or current venders may hire new staff.

The Department considered taking no action. If no action is taken, Japanese beetle will continue to enter California and there will be a higher potential for infes- tations requiring a quarantine. This would be harmful to the agricultural industry of the state. AUTHORITY The Department proposes to adopt

Section 3280 pur- suant to the authority vested by Sections 407, 5301, 5302, and 5311 of the Food and Agricultural Code of California. REFERENCE The Department proposes this action to implement, interpret and make specific Sections 5024, 5301, 5311, 5701, 6403, 6441, 6442, and 6461 of the Food and Agri- cultural Code.

CONTACT The agency officer to whom written comments and inquiries about the initial statement of reasons, pro- posed actions, location of the rulemaking files, and re- quest for a public hearing may be directed to is: Dean Kelch, Environmental Program Manager California Department of Food and Agriculture Plant Health and Pest Prevention Services 2800 Gateway Oaks Drive, Suite #200 Sacramento, CA 95833 Dean.Kelch@cdfa.ca.gov 916.403.6650 916.651.2900 (F AX) In his absence, you may contact Rachel Avila at (916) 403−6813.

A copy of the initial statement of reasons and the proposed regulations in underline and strikeout form may be obtained upon request. The loca- tion of the information on which the proposal is based may also be obtained upon request. In addition, the final statement of reasons will be available upon request. Re- quests should be directed to the contact named herein. If the regulations amended by the Department differ from, but are sufficiently related to the action proposed, they will be available to the public for at least 15 days prior to the date of amendment.

Any person interested may obtain a copy of said regulations prior to the date of adoption by contacting the agency officer (contact) named herein. TITLE 4. CALIFORNIA HORSE RACING BOARD NOTICE OF PROPOSAL TO AMEND RULE 1843.3. PENALTIES FOR MEDICATION VIOLATIONS; RULE 1843.5. MEDICATION, DRUGS AND OTHER SUBSTANCES PERMITTED AFTER ENTRY IN A RACE; RULE 1844. AUTHORIZED MEDICATION The California Horse Racing board (Board/CHRB) proposes to amend the regulations described below af- 6

CALIFORNIA REGULATORY NOTICE REGISTER 2020, VOLUME NUMBER 1-Z t er considering all comments, objections or recommen- dations regarding the proposed action. PROPOSED REGULATORY ACTION The Board proposes to amend Rule 1843.3, Penalties for Medication Violations, Rule 1843.5, Medication, Drugs and Other Substances Permitted After Entry in a Race, and Rule 1844, Authorized Medication. The pro- posed amendment to Rule 1843.3 will remove the Cate- gory “C” penalties for non−steroidal anti− inflammatory drug substances (NSAID) previously al- lowed under Rule 1844.

The proposed amendment also adds Category “C” penalties for a fourth and subse- quent violations within a 365−day period. The proposed amendment to Rule 1843.5 will change the definition of when a horse is deemed entered to race; modifies sub-

section (

e) to delete two substances that may be admin- istered by injection until 24 hours before post time; deletes the NSAIDs that may be administered until 24 hours before post time; provides that not more than one glucocorticoid may be administered to a horse entered to race; and prohibits the use of any authorized bleeder medication except furosemide. The proposed amend- ment to Rule 1844 removes the list of NSAIDS that were authorized for administration to horses entered to race; and removes eight drug substances that may be present in the official blood test sample.

PUBLIC HEARING The Board will hold a public hearing starting at 9:30 a.m., Thursday, February 20, 2020, or as soon after that as business before the Board will permit, at Golden Gate Fields Race Track, 1100 Eastshore Highway, Berkeley, California. At the hearing, any person may present statements or arguments orally or in writing about the proposed action described in the informative digest. It is requested, but not required, that persons making oral comments at the hearing submit a written copy of their testimony.

WRITTEN COMMENT PERIOD Any interested persons, or their authorized represen- tative, may submit written comments about the pro- posed regulatory action to the Board. The written com- ment period closes on February 17, 2020. The Board must receive all comments at that time; however, writ- ten comments may still be submitted at the public hear- ing.

Submit comments to: Harold Coburn, Regulation Analyst California Horse Racing Board 1010 Hurley W ay, suite 300 Sacramento, CA 95825 Telephone (916) 263−6026 Fax: (916) 263−6022 E−mail: haroldc@chrb.ca.gov AUTHORITY AND REFERENCE Authority cited: Sections 19440, 19461, 19562, 19580, 19581 and 19582, Business and Professions Code. Reference: Sections 19461, 19580, 19581, 19582, Business and Professions Code.

Section 11425.50, Government Code. Business and Professions Code sections 19440, 19461, 19562, 19580, 19581 and 19582 authorize the Board to adopt the proposed regulation, which would implement, interpret or make specific sections 19461, 19580, 19581, and 19582 Business and Professions Code and

section 1142.5. Government Code. INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW Business and Professions Code

section 19440 pro- vides that the Board shall have all powers necessary and proper to enable it to carry out fully and effectually the purposes of this chapter. Responsibilities of the Board shall include adopting rules and regulations for the pro- tection of the public and the control of horse racing and pari−mutuel wagering. Business and Professions Code

section 19461 provides that every license granted under this

chapter is subject to suspension or revocation by the Board in any case where the Board has reason to believe that any condition regarding it has not been complied with, or that any law, or any rule or regulation of the Board affecting it has been broken or violated. Business and Professions Code

section 19562 states the Board may prescribe rules, regulations and conditions under which all horse races with wagering on their results shall be conducted in California. Business and Profes- sions Code

section 19580 requires the Board to adopt regulations to establish policies, guidelines, and penal- ties relating to equine medication to preserve and en- hance the integrity of horse racing in California. Busi- ness and Professions Code

section 19581 provides that no substance of any kind shall be administered by any means to a horse after it has been entered to race, unless the Board has, by regulation, specifically authorized the use of the substance and the quantity and composition thereof. Business and Professions Code

section 19582 provides that violations of

section 19581, as determined by the Board, are punishable as set forth in regulations 7

CALIFORNIA REGULATORY NOTICE REGISTER 2020, VOLUME NUMBER 1-Z adopted by the Board. Government Code

section 11425.50 states that the decision shall be in writing and shall include a statement of the factual and legal basis for the decision. The statement of the factual basis for the decision shall be based exclusively on the evidence of record in the proceeding and on matters officially no- ticed in the proceeding. The presiding officer’s experi- ence, technical competence, and specialized knowl- edge may be used in evaluating evidence.

In March 2019, pursuant to its authority under Rule 1844.1, Suspension of Authorized Medication, the Board suspended the authorized administration of eleven medications for all thoroughbred horses partici- pating at Santa Anita Park (SA) and Golden Gate Fields (GGF). The presence of the suspended medications in a post−race test samples would be considered a violation of Board regulations.

The Board also approved an agreement between the racing associations and the Thoroughbred Owners of California (TOC) to reduce the maximum amount of furosemide to half the level authorized under Rule 1845, Authorized Bleeder Medi- cation. The authorized furosemide level of furosemide was 500 mg to be administered in consultation with the trainer, owner and the furosemide veterinarian. Under the agreement, the level has been reduced to 250 mg. Rule 1843.3: The proposed amendment to Rule 1843.3 will modify subsection (

d) to add Category “C” penalties for fourth and subsequent medication violations within a 365−day period. A fourth violation within a 365−day period will require a minimum 15−day suspension and a fine of $2,500. Any subsequent violations within the same 365−day period will require a greater suspension and fine than the previous violation. The addition of penal- ties for fourth and subsequent violations involving Cat- egory “C” substances is necessary because in such cases the Board is currently limited to third offense Category “C” penalties.

If a trainer has four or more Category “C” violations within the same 365−day period, there is cur- rently no penalty available beyond that for a third viola- tion. The addition of penalties for fourth and subsequent violations within a 365−day period will allow the Board to provide a greater suspension and fine, if warranted. The proposed amendment to Rule 1843.3 will also re- move subsection (

d) Category “C” penalties for Rule 1844 authorized medication violations. The penalties are specifically for NSAID overages. The removal of the Category “C” penalties for Rule 1844 NSAID viola- tions is necessary, as under the proposed amendment to Rule 1844 such substances will no longer be authorized for horses entered to race; therefore, the substance should not be present in an official test sample. If a test sample demonstrates the presence of an NSAID, the vi- olation will warrant a general Category “C” penalty. Rule 1843.5: The proposed amendment to Rule 1843.5 will modify subsection (

a) to change the definition of “entered.” Rule 1843.5 currently states a horse is deemed “en- tered” in a race 48 hours before post time of the running of the race. This definition of “entered” has been used in Rule 1843.5 because past practice was to draw (close) entries 48 hours before the race. However, industry practice has changed, which makes the subsection out- dated, and necessitates the amendment. Most races are now drawn at least 72 hours before the race date, and some are drawn five days before the race. The proposed amendment to subsection 1843.5(

a) provides that a horse is deemed “entered” at midnight the day entries close for the race. The new definition of “entered” will provide horsemen with consistency and clarity while still providing for a period in which an entered horse can only be administered medications, drugs and other sub- stances permitted under the Board’s rules and regula- tions. Subsection 1843.5(

a) has also been changed to state that the definition of “entered” applies to

article 15. The change is necessary for purposes of clarity, as the subsection currently applies the definition of “en- tered” to Rule 1843.5, however, the definition applies to other related regulations within

article 15. Subsection 1843.5(

b) has been modified to provide that only water, hay and grain may be provided to the horse until post time. Feed supplements may no longer be administered to a horse after it is deemed entered to race. The change is necessary to ensure that unautho- rized substances are not fed to horses accidently. The trainer may not be fully informed as to the contents of a feed supplement, so it is possible to inadvertently ad- minister a forbidden substance via contaminants of feed and supplements.

The proposed amendment will return the feeding regimen for horses entered to race to the time honored “hay, oats and water.” The proposed change in the definition of “entered” under Rule 1843.5 will provide at least 72 hours (3 days) for any prohibited substances in feed supplements to be eliminated while the horse is on water, hay and grain. The amended sub-

section 1843.5(

b) is consistent with the industry’s ini- tiative for zero tolerance regarding the use of race day medications and will aid in ensuring that horses entered to race will run free from the influence of unauthorized substances. Subsection 1843.5(

c) has been modified for purposes of consistency to state that drugs, medications or other substances shall not be administered to a horse after it is deemed entered to race. The subsection currently states the substances may not be administered to a horse with- in 48 hours of the post time of the race in which it is en- tered. However, the proposed amendment to Rule 1843.5 changes the definition of “entered,” no longer 8

CALIFORNIA REGULATORY NOTICE REGISTER 2020, VOLUME NUMBER 1-Z using the 48−hour period, which necessitates the change to subsection 1843.5(c). Subsection 1843.5(

e) has been modified to provide that only injectable vitamins may be administered to a horse by injection until 24 hours before the post time of the race in which the horse is entered. Electrolyte solu- tions and amino acid solutions will no longer be al- lowed. The change is consistent with the industry’s goal of minimizing the number of drugs and substances that may be administered pre−race and is necessary to elimi- nate a “grey area” faced with horses entered to race.

A trainer may use a potent alkalizing agent that can be claimed to be an “electrolyte.” The alkalizing agent would act to keep lactic acid 1 from building up in the horse, which would give the horse a slight advantage in a race by helping with endurance. Subsection 1843.5(

g) currently allows for the admin- istration of the NSAIDs phenylbutazone, flunixin and ketoprofen to a horse until 24 hours before the post time of the race in which it is entered. The industry uses NSAIDs for their pain−eliminating and anti− inflammatory properties; managing conditions such as colic, pneumonia and orthopedic pain in horses. The most commonly used NSAIDs are phenylbutazone, flu- nixin and ketoprofen.

However, there is some concern that the presence of these drug substances can interfere with the veterinarian’s ability to properly evaluate a horse on race day as they can mask underlying physio- logical problems associated with the horse’s legs, feet or joints. A horse that does not feel pain will run as if it would without its underlying problems, which may ex- acerbate any pre−existing conditions, and make the horse prone to further injury when worked to the same extent as a healthy horse.

The proposed amendment re- moves phenylbutazone, flunixin and ketoprofen as sub- stances that can be administered to a horse until 24 hours of the post time of the race in which it is entered. The change is consistent with the proposed amendment of Rule 1844, Authorized Medication, which disallows the use of NSAIDs in horses entered to race.

It is also consistent with the TOC and Stronach Group agree- ment which states there will be no authorized threshold for NSAIDs for horses racing at SA and GGF. 2 1 During an intense exercise session or a race, metabolic by prod- ucts including lactic acid, ammonia and heat accumulate in the horse’s muscles. It is believed that excessive lactic acid is a cause of muscle fatigue. 2 The agreement was predicated on the Board adopting the par- ties’ request for the setting of race conditions under Rule 1581, Racing Secretary to Establish Conditions. The Board approved the request at its March 2019 Regular Meeting.

At the same meet- ing, the Board suspended authorization for eleven medications, including the NSAIDs phenylbutazone, flunixin, and ketoprofen for all horses participating in a horse race meeting at SA and GGF. A new subsection 1844(

g) provides that not more than one glucocorticoid including adrenocorticotropic hormone (ACTH)3 may be administered to a horse that is entered to race. The allowance for ACTH is consis- tent with the Association of Racing Commissioners In- ternational Model Rules of Racing, which allows for the administration of ACTH as prescribed by a veterinarian. Subsection 1843.5(

h) has been amended for the pur- poses of consistency to provide that furosemide is the only substance that can be administered under Rule 1845, Authorized Bleeder Medication. The current sub-

section (h)(2) is not necessary as under Rule 1845, no bleeder medication other than furosemide is authorized. A new subsection 1843.5(h)(2) states that only water may be used to wash the horse’s mouth out on race day. This is consistent with the amended subsection 1843.5(b), which provides that the horse may only have water, hay and grain up until post time. Like feed sup- plements, the contents of a commercial mouth wash may result in an unintended positive test result. All other changes to Rule 1843.5 are for the purposes of grammar, clarity and renumbering. Rule 1844: The proposed amendment to Rule 1844 will delete the current subsections 1844(

c) through 1844(d), which allow the administration of NSAIDs to horses entered to race. Phenylbutazone, flunixin, ketoprofen or their metabolites or analogues may no longer be present in post−race test samples. The change is consistent with the proposed amendment of Rule 1843.5, which disal- lows the use of NSAIDs in horses entered to race. It is also consistent with the TOC and Stronach Group agreement which states there will be no authorized threshold for NSAIDs for horses racing at SA and GGF. Subsection 1844(

e) has been renumbered and is now subsection 1844(c). Subsection 1844(

f) has been renumbered and is now subsection (d). The new subsection 1844(

d) has been amended to remove eight drug substances that could be present in official blood test samples. The drugs are: Betamethasone; Dexamethasone; Diclofenac; Firo- coxib; Methylprednisolone; Prednisolone; Triamci- nolone Acetonide; and Isoflupredone. The drugs are anti−inflammatory. Their potential to mask an injury has been a concern since so many fatal musculoskeletal injuries in horses show signs of pre−existing injury that were missed or under appreciated.

The removal of the drugs moves California in line with international horse 3 Adrenocorticotropic hormone (ACTH) is a hormone produced by the anterior pituitary gland. ACTH stimulates secretion of nat- ural glucocorticoid steroid hormones from adrenal glands. Those natural corticosteroids steroids have the same pharmacological effect as if directly administered glucocorticoid. 9

CALIFORNIA REGULATORY NOTICE REGISTER 2020, VOLUME NUMBER 1-Z racing where the drugs are not authorized. In addition, the removal of the drugs is consistent with the TOC and Stronach Group agreement which states there will be no authorized threshold for the drug substances. All other changes to Rule 1844 are for the purposes of grammar, clarity and renumbering. BENEFITS ANTICIPATED FROM THE REGULATORY ACTION The proposed amendment of Rule 1843.3 provides for penalties for trainers who have more than three cate- gory “C” penalties within a 365−day period.

This will have the benefit of allowing the Board to impose greater penalties in such cases, which may act as a deterrent. The proposed amendment of Rule 1843.5 redefines “entered” to conform with current industry practices. The definition will provide clarity and consistency for California’s horsemen. The proposed amendment also disallows NSAIDs for horses entered to race and pro- vides that furosemide is the only authorized bleeder medication.

The proposed amendment to Rule 1843.5 will have the benefit of providing consistency for horse- men and will help to ensure that California’s race horses are running free of medications and drug substances that can mask potential pre−existing conditions, or that may enhance the horses’ performance. The proposed amendment to Rule 1844 will disallow NSAIDS, which is consistent with the amendment to Rule 1843.5. The medications have the potential to “mask” a horse’s pre− existing injuries, which can make it difficult for the offi- cial veterinarian or racing veterinarian to determine the true health of the horse.

The proposed amendment to Rule 1844 will also disallow eight drug substances that currently may be present in official blood test samples. The substances have anti−inflammatory properties, which have the potential to mask injuries. The amended regulations will have the benefit of helping to improve the horses’ health and prevent horse fatalities, which will also protect the health of the rider.

The proposed regulatory actions will also benefit the wagering public by assuring that the health and safety of horse and rider are safeguarded, and the outcome of pari−mutuel races are run free of substances that may influenced the out- come of the races. CONSISTENCY EV ALUATION Evaluation of Consistency and Compatibility with Existing State Regulations: During the process of de- veloping the proposed amendments, the Board has con- ducted an evaluation for any related regulations and has determined that Rule 1843.3 is the only regulation de- scribing the penalties for violation of each drug classifi- cation.

Rule 1843.5 and Rule 1844 name medications, drugs and other substances permitted after entry in a race. Rule 1845, Authorized Bleeder Medication al- lows the administration of the bleeder medication furosemide after entry in a race. However, the Board has determined that the proposed amendments to Rules 1843.3, 1843.5 and 1844 are neither inconsistent nor in- compatible with Rule 1845, or with other existing state regulations. DISCLOSURES REGARDING THE PROPOSED ACTION Mandate on local agencies and school districts: none. Cost or savings to any state agency: none.

Cost to any local agency or school district that must be reimbursed in accordance with Government Code sections 17500 through 17630: none. Other non−discretionary costs or savings imposed upon local agencies: none. Cost of savings in federal funding to the State: none. The Board has made an initial determination that the proposed amendments to Rules 1843.3, 1843.5 and 1844 will not have a significant statewide adverse eco- nomic impact directly affecting business including the ability of California businesses to compete with busi- nesses in other states.

The following studies/relevant data were relied upon in making the above determination: none. Cost impact on representative private persons or businesses: The Board is not aware of any cost impacts that a representative private person or business would necessarily incur in reasonable compliance with the proposed action. Significant effect on housing costs: none. RESULT OF ECONOMIC IMPACT ANALYSIS The results of the Board’s Economic Impact Assess- ment as required by Government Code

section 11346.3(

b) are as follows: The adoption of the proposed amendments to Rules 1843.3, 1843.5 and 1844 will not (1) create or eliminate jobs within California; (2) create new businesses or eliminate existing businesses within California; (3) affect the expansion of businesses cur- rently doing business within California; or (4) increase or decrease investment in California; (5) benefit the state’s environment. The proposed amendment to Rule 1843.3 will remove the Category “C” penalties for non− steroidal anti−inflammatory drug substances (NSAID) previously allowed under Rule 1844.

The proposed amendment also adds Category “C” penalties for a fourth and subsequent violations within a 365−day peri- od. The proposed amendment to Rule 1843.5 will change the definition of when a horse is deemed entered 10

CALIFORNIA REGULATORY NOTICE REGISTER 2020, VOLUME NUMBER 1-Z t o race; delete two substances under subsection (

e) that may be administered by injection until 24 hours before post time; deletes the NSAIDs that may be administered until 24 hours before post time; provides that not more than one glucocorticoid may be administered to a horse entered to race; and prohibits the use of any authorized bleeder medication except furosemide. The proposed amendment to Rule 1844 removes the list of NSAIDS that were authorized for administration to horses en- tered to race; and removes eight drug substances that could be present in the official blood test sample.

The proposed amendments to Rules 1843.3, 1843.5 and 1844 will benefit worker safety in that they will im- prove race horse health and safety, which promotes the health and safety of the horse racing industry’s workers, especially those that ride and train horses. The proposed amendments do not affect small businesses because horse racing is not a small business under Government Code

section 11342.610. CONSIDERATION OF ALTERNATIVES In accordance with Government Code

section 11346.5, subdivision (a)(13), the Board must determine that no reasonable alternative considered by the Board, or that has otherwise been identified and brought to the attention of the Board, would be more effective in car- rying out the purpose for which the action is proposed, or would be as effective and less burdensome on affect- ed private persons than the proposed action, or would be more cost−effective to affected private persons and equally effective in implementing the statutory policy or other provision of law.

The Board invites interested persons to present state- ments or arguments with respect to alternatives to the proposed regulation at the scheduled hearing or during the written comment period.

CONTACT PERSON Inquiries concerning the substance of the proposed action and requests for copies of the proposed text of the regulation, the initial statement of reasons, the modified text of the regulation, if any, and other information upon which the rulemaking is based should be directed to: Harold Coburn, Regulation Analyst California Horse Racing Board 1010 Hurley Way, Suite 300 Sacramento, CA 95825 Telephone: (916) 263−6026 Fax: (916) 263−6022 E−mail: haroldc@chrb.ca.gov I f the person named above is not available, interested parties may contact: Amanda Drummond, Policy and Regulations Manager California Horse Racing Board Telephone: (916) 263−6033 A V AILABILITY OF INITIAL STATEMENT OF REASONS AND TEXT OF PROPOSED REGULATIONS The Board will have the entire rulemaking file avail- able for inspection and copying throughout the rule- making process at its offices at the above address.

As of the date this notice is published in the Notice Register, the rulemaking file consists of this notice, the proposed text of the regulations, and the initial statement of rea- sons. Copies of these documents, or any of the informa- tion upon which the proposed rulemaking is based on, may be obtained by contacting Harold Coburn, or the alternative contact persons at the address, phone num- ber or e−mail address listed above.

A V AILABILITY OF MODIFIED TEXT After holding a hearing and considering all timely and relevant comments received, the Board may adopt the proposed regulations substantially as described in this notice. If modifications are made which are suffi- ciently related to the originally proposed text, the modi- fied text, with changes clearly marked, shall be made available to the public for at least 15 days prior to the date on which the Board adopts the regulations. Re- quests for copies of any modified regulations should be sent to the attention of Harold Coburn at the address stated above.

The Board will accept written comments on the modified regulations for 15 days after the date on which it is made available. A V AILABILITY OF FINAL STATEMENT OF REASONS Requests for copies of the final statement of reasons, which will be made available after the Board has adopt- ed the proposed regulations in its current or modified form, should be sent to the attention of Harold Coburn at the address stated above. BOARD WEB ACCESS The Board will have the entire rulemaking file avail- able for inspection throughout the rulemaking process at its website. The rulemaking file consists of the notice, 11

CALIFORNIA REGULATORY NOTICE REGISTER 2020, VOLUME NUMBER 1-Z the proposed text of the regulation and the initial state- ment of reasons. The Board’s website address is: www.chrb.ca.gov. TITLE 4. CALIFORNIA HORSE RACING BOARD NOTICE OF PROPOSAL TO ADD RULE 1866.2. SHOCK WA VE THERAPY RESTRICTED The California Horse Racing Board (Board/CHRB) proposes to add the regulation described below after considering all comments, objections or recommenda- tions regarding the proposed action.

PROPOSED REGULATORY ACTION The Board proposes to add Rule 1866.2, Shockwave Therapy Restricted, to provide a regulation governing the use of Extracorporeal Shock Wave Therapy (ESWT) technology within CHRB inclosures. Rule 1866.2 will provide guidelines and procedures for the use of ESWT within a CHRB inclosure. PUBLIC HEARING The Board will hold a public hearing starting at 9:30 a.m., Thursday, February 20, 2020, or as soon after that as business before the Board will permit, at the Golden Gate Fields Race Track, 1100 Eastshore Highway, Berkeley, California.

At the hearing, any person may present statements or arguments orally or in writing about the proposed action described in the in- formative digest. It is requested, but not required, that persons making oral comments at the hearing submit a written copy of their testimony. WRITTEN COMMENT PERIOD Any interested persons, or their authorized represen- tatives, may submit written comments about the pro- posed regulatory action to the Board. The written com- ment period closes on February 17, 2020.

The Board must receive all comments at that time; however, writ- ten comments may still be submitted at the public hear- ing. Submit comments to: Harold Coburn, Regulation Analyst California Horse Racing Board 1010 Hurley W ay, Suite 300 Sacramento, CA 95815 Telephone: (916) 263−6026 E−mail: haroldc@chrb.ca.gov AUTHORITY AND REFERENCE Authority cited: Sections 19440, 19562 and 19580, usiness and Professions Code. Reference: Sections 9440, 19562 and 19580, Business and Professions ode.

Business and Professions Code sections 19440, 9562 and 19580 authorize the Board to adopt the pro- osed regulation, which would implement, interpret or ake specific sections 19440, 19562 and 19580, Busi- ess and Professions Code. INFORMATIVE DIGEST/POLICY STATEMENT OVER VIEW Business and Professions Code

section 19440 pro- ides that the Board shall have all powers necessary and roper to enable it to carry out fully and effectually the urposes of this chapter. Responsibilities of the Board hall include adopting rules and regulations for the pro- ection of the public and the control of horse racing and ari−mutuel wagering. Business and Professions Code ection 19562 states the Board may prescribe rules, reg- lations and conditions under which all horse races with agering on their results shall be conducted in Califor- ia. Business and Professions Code

section 19580 re- uires the Board to adopt regulations to establish poli- ies, guidelines, and penalties relating to equine medi- ation to preserve and enhance the integrity of horse acing in California. Extracorporeal Shock Wave Therapy or Radial Pulse ave Therapy (ESWT) machines are used to adminis- er shockwave therapy to horses. The non−invasive reatments consist of transmitting short, high energy ressure pulses to a designated area of the body through hand−held probe. Different levels of energy may be sed, depending upon the purpose of the therapy.

Those ho use the therapy believe the ESWT energy waves timulate growth in the cells treated, jump−starting the ealing process of any nearby injuries. The therapy is sed to treat horses’ musculoskeletal problems, soft tis- ue injuries and bone injuries. Shockwave therapy may ncrease healing in the veterinary patient, but it can also ct as an analgesic in the area targeted. This raises the oncern that some may use the therapy to keep horses oing that shouldn’t be worked.

It is believed that the nalgesic effect may last up to 72 hours, so racing juris- B 1 C 1 p m n v p p s t p s u w n q c c r W t t p a u w s h u s i a c g a 12

CALIFORNIA REGULATORY NOTICE REGISTER 2020, VOLUME NUMBER 1-Z dictions have ruled that shockwave therapy machines on the track must be used only by veterinarians and must be registered. Treated horses must be reported and are prohibited from racing for several days after treatment. Subsection 1866.2(

a) of the proposed regulation re- quires that all ESWT machines must be registered with the official veterinarian before being brought onto any CHRB inclosure. The official Veterinarian shall keep a listing of all registered ESWT machines within the in- closure. Registering of ESWT machines by the official veterinarian is necessary to help regulate the use of the machines. The official veterinarian will know how many ESWT machines are within the inclosure, and who is using them. Subsection 1866.2(

b) provides that only CHRB li- censed veterinarians may use ESWT machines within the inclosure. The provision is necessary to ensure the ESWT machines are used correctly. Careless use by non−veterinarians could be a problem. Use of shock- waves on various organs, such as the eyes, intestines or lungs can cause serious damage. Higher than recom- mended settings for the number or strength of the pulses could also cause tissue damage on the body or worsen microfractures. Subsection (

b) is also necessary to help ensure that ESWT is used for its intended purpose and not solely for its analgesic effect. Subsection 1866.2(

c) provides that ESWT machines are not allowed in the stable area and shall be used in a designated area approved by the official veterinarian. The subsection is necessary to provide an additional level of control over the use of the machines within the inclosure. It would be difficult to monitor the use of ESWT machines within the barn area. Providing a des- ignated area for ESWT allows the official veterinarian to monitor the practice and ensures that only CHRB li- censed veterinarians are administering the therapy. Subsection 1866.2(

d) requires the treating veterinari- an to keep a log of all ESWT treatments. The log shall be available for inspection by the official veterinarian, the stewards or CHRB investigators, and it shall pro- vide the date of the treatment, identifying information for the horse treated and information regarding the area treated and number of pulses administered. ESWT treatments are otherwise required to be reported using the form Veterinarian Report Confidential CHRB−24 (Rev. 01/18) (CHRB−24), which is incorporated by ref- erence in the regulation. The CHRB−24, however, does not provide the same detail as required in the treating veterinarian’s log. The log required under subsection 1866.2(

d) is necessary to ensure that if something unto- ward were to happen to the horse, a detailed record of the ESWT treatments will be available for inspection. Subsection 1866.2(

e) requires that all ESWT treat- ments be reported using the CHRB−24. This provision is consistent with Board Rule 1942, Veterinarian Re- port, which requires that every veterinarian who treats a horse within the inclosure shall in writing report the treatment to the official veterinarian. Subsection 1866.2(

e) requires that the ESWT treatment be reported by 10:00 a.m. the day following treatment. The report- ing deadline is necessary to ensure the official veteri- narian is informed of such treatments in a timely manner. Subsection 1866.2(

f) provides that a horse treated with ESWT shall be placed on the Veterinarian’s List for 30 days. The day after treatment is the first day on the list, and the horse shall automatically be removed from the list on the 31st day. However, if a horse is placed on the Veterinarian’s List for multiple reasons, it must meet the criteria required for those other reasons prior to removal from the list.

This provision is consis- tent with Board Rule 1866, Veterinarian’s List, which provides that the official veterinarian shall maintain a Veterinarian’s List of those horses determined to be un- fit to compete in a race due to veterinary treatment, physical distress, injury, lameness, unsoundness or in- firmity. Subsection (b)(2) of Rule 1866 requires that horses receiving veterinary treatment−shockwave ther- apy be place on the list. The Board has determined that a horse receiving ESWT must remain on the Veterinari- an’s List for a period of 30 days beginning the day fol- lowing the treatment.

While it is generally believed the analgesic effect of ESWT may remain for up to up to 72 hours, the injury treated with ESWT must still be given time to heal. Therefore, the Board has determined that a 30−day period is in the horse’s best interest. Horses re- ceiving ESWT generally have issues with muscu- loskeletal problems, soft tissue injuries and bone in- juries; conditions that require the horse be placed on the Veterinarian’s List. If a horse is on the list for reasons in addition to receiving ESWT, subsection 1866.2(

f) re- quires that it fulfill the criteria required for removal for the other infirmities. This is consistent with Rule 1866, which states the eligibility criteria for a horse to be re- moved from the list. Subsection 1866.2(

g) provides that horses treated with ESWT may not participate in a recorded workout for 30 days after treatment. Most horses in training get daily exercise, but not all exercise is considered an offi- cial workout. An official workout is one where the horse is timed by a track clocker. The time will be pub- lished in all records of the horse’s past performances, which are often used by horse racing fans to determine the potential placement of a horse entered to race. The Board has determined that the 30−day period is neces- sary to ensure the analgesic effect of ESWT is gone, and to ensure the horse has had time to heal. Subsection (

g) is consistent with the requirement that the horse remain on the Veterinarian’s List for 30 days. 13

CALIFORNIA REGULATORY NOTICE REGISTER 2020, VOLUME NUMBER 1-Z Subsection 1866.2(

h) provides that no owner, trainer or licensee shall bring onto the inclosure a horse that has received ESWT in the previous 30 days without ap- proval of the official veterinarian. Under Rule 1560, Duties of the Official Veterinarian, the official veteri- narian is charged with enforcing the Board’s rules and regulations related to veterinary practices and shall maintain a list of all infirm horses on the grounds.

In- forming the official veterinarian of the ESWT proce- dure will ensure the horse is placed on the Veterinarian’s List and will not participate in an official workout for at least 30 days after treatment. The provision is neces- sary, as it is in the interest of horse racing and the health and safety of horse and rider that the true condition of all race horses within the inclosure is disclosed. In addi- tion, the Board wants to prevent licensees from circum- venting the provisions of Rule 1866.2 by removing horses from the inclosure just to receive ESWT and then entering the horses to race. Subsection 1866.2(

i) provides that any person using or possessing an ESWT machine in violation of the rule shall be considered to have violated Rule 1867, Prohib- ited Veterinary Practices, and is subject to a Class “A” penalty. The Board recognizes there are legitimate uses for ESWT within the inclosure; however, the potential for misuse or abuse of the therapy is a serious matter. The analgesic effect of ESWT is a temptation for li- censees who are more concerned with winning than the health and welfare of horse and rider.

A class “A” penal- ty means a trainer would receive a minimum one−year suspension absent mitigating circumstances. In addi- tion, the trainer would be fined a minimum of $10,000 and be referred to the Board for any further action deemed necessary by the Board. BENEFITS ANTICIPATED FROM THE REGULATORY ACTION The proposed addition of Rule 1866.2 will provide clarity regarding the use of ESWT machines within a CHRB inclosure. The proper use of ESWT machines within the inclosure will benefit horses suffering from musculoskeletal problems, soft tissue injuries and bone injuries.

Rule 1866.2 will place any horse receiving ESWT on the Veterinarian’s List, which will provide a period of rest and recuperation, and will ensure that the horse has demonstrated its physical fitness prior to en- try to race. The regulation will help promote the health and safety of horse and rider. Keeping race horses healthy protects the economic interest of owners and ensures that there is adequate horse inventory. Ensuring that horses entered to race are sound also promotes jockey/driver safety.

Accordingly, the pro- posed regulation benefits the health and welfare of Cali- fornia residents and improves worker safety. Sound, healthy horses result in a favorable public response to horse racing, which could result in an increase in wager- ing activity, and a positive economic impact for the industry. CONSISTENCY EV ALUATION Evaluation of Consistency and Compatibility with Existing State Regulations: During the process of de- veloping the proposed amendment, the Board has con- ducted an evaluation of any related regulations.

The Board determined that Rule 1866 does provide that a horse receiving ESWT shall be placed on the Veterinar- ian’s List. Rule 1866 also provides that a horse placed on the Veterinarian’s List may not workout for a period of 72 hours after being placed on the list and provides minimum time periods horses must remain on the list. These provisions are not in conflict with Rule 1866.2. The proposed addition of Rule 1866.2 prohibits record- ed workouts for a period of 30 days. The horse may still workout (exercise) as provided under Rule 1866; such exercise sessions are not recorded workouts.

Rule 1866.2 requires the horse receiving ESWT to remain on the V eterinarian’s List for a period of 30 days. The pro- vision is not in conflict with Rule 1866, which provides for a “minimum” of 10 days for horses placed on the list for the first time in 365 days, and greater “minimum” time periods for horses placed on the list more than once within a 365−day period. If Rule 1866 would require a horse to be on the Veterinarian’s List for more than 30 days, Rule 1866.2 provides that the horse must meet the criteria for removal from the list.

The proposed addition of Rule 1866.2 is the only regulation dealing with pro- cedures related to possessing and using ESWT ma- chines within a CHRB inclosure. Therefore, the pro- posed regulation is neither inconsistent nor incompati- ble with existing state regulations. DISCLOSURES REGARDING THE PROPOSED ACTION Mandate on local agencies and school districts: none. Cost or savings to any state agency: none. Cost to any local agency or school district that must be reimbursed in accordance with Government Code sections 17500 through 17630: none.

Other non−discretionary costs or savings imposed upon local agencies: none. Cost of savings in federal funding to the State: none. The Board has made an initial determination that the proposed addition of Rule 1866.2 will not have a signif- icant statewide adverse economic impact directly af- fecting business including the ability of California busi- ness to compete with businesses in other states. 14

CALIFORNIA REGULATORY NOTICE REGISTER 2020, VOLUME NUMBER 1-Z T he following studies/relevant data were relied upon in making the above determination: none. Cost impact on representative private persons or businesses: The Board is not aware of any cost impacts that a representative private person or business would necessarily incur in reasonable compliance with the proposed action. Significant effect on housing costs: none. RESULT OF ECONOMIC IMPACT ANALYSIS The results of the Board’s Economic Impact Assess- ment as required by Government Code

section 11346.3(

b) are as follows: The proposed addition of Rule 1866.2 will not (1) create or eliminate jobs within California; (2) create new businesses or eliminate exist- ing businesses within California; (3) affect the expan- sion of businesses currently doing business within Cali- fornia; or (4) increase or decrease investment in Cali- fornia; (5) benefit the state’s environment. The pro- posed addition of Rule 1866.2 impacts individuals who administer ESWT within a CHRB inclosure and those who may administer ESWT in violation of the rule.

In making the determination that the proposed addition of Rule 1866.2 will not have an adverse economic impact the Board took into consideration the fact that ESWT is administered to horses that would already be on the Vet- erinarian’s List. ESWT is used to address maladies such as horses’ musculoskeletal problems, soft tissue in- juries and bone injuries. Regardless of the use of ESWT, any one of these issues would result in the horse being placed on the Veterinarian’s List.

A sampling of horses on the Veterinarian’s List at Santa Anita Park Race Track (SA) from January 2019 through the end of March 2019 showed that 63 horses were placed on the Veterinarian’s List for ESWT, or an average of 21 hors- es a month. During the same time period SA provided stall space for 3,295 horses (1,950 on−track, 1,345 off− track). The number of horses on the Veterinarian’s List for ESWT during the three−month period represented only .64 percent of the total. The proposed addition of Rule 1866.2 promotes transparency and accountability in the use of ESWT within CHRB inclosures.

The guidelines provided under the regulation will help to ensure the health and safety of race horses and will dis- courage the surreptitious use of ESWT machines for purposes other than healing. Transparency in medica- tion procedures and sound, healthy race horses protects the economic interests of the industry and its licensees. Sound race horses promote jockey/driver safety. Ac- cordingly, the proposed regulation benefits the health and welfare of California residents involved in horse racing and improves worker safety.

Sound, healthy horses result in a favorable public response to horse rac- ing, which could result in a positive economic impact for the industry. Effect on small business: none. The proposal to add Rule 1866.2 does not affect small businesses because horse racing is not a small business under government Code

section 11342.610. CONSIDERATION OF ALTERNATIVES In accordance with Government Code

section 11346.5, subdivision (a)(13), the Board must determine that no reasonable alternative considered by the Board, or that has otherwise been identified and brought to the attention of the Board, would be more effective in car- rying out the purpose for which the action is proposed, or would be as effective and less burdensome on affect- ed private persons than the proposed action, or would be more cost−effective to affected private persons and equally as effective in implementing the statutory poli- cy or other provision of law.

The Board invites interested persons to present state- ments or arguments with respect to alternatives to the proposed regulation at the scheduled hearing or during the written comment period.

CONTACT PERSON Inquiries concerning the substance of the proposed action and requests for copies of the proposed text of the regulation, the initial statement of reasons, the modified text of the regulation, if any, and other information upon which the rulemaking is based should be directed to: Harold Coburn, Regulation Analyst California Horse Racing Board 1010 Hurley Way, suite 300 Sacramento, CA 95825 Telephone (916) 263−6026 Fax: (916) 263−6022 E−mail: haroldc@chrb.ca.gov If the person named above is not available, interested parties may contact: Robert Brodnik, Staff Counsel Telephone: (916) 263−6025 A V AILABILITY OF INITIAL STATEMENT OF REASONS AND TEXT OF PROPOSED REGULATION The Board will have the entire rulemaking file avail- able for inspection and copying throughout the rule- making process at its offices at the above address.

As of the date this notice is published in the Notice Register, the rulemaking file consists of this notice, the proposed 15

CALIFORNIA REGULATORY NOTICE REGISTER 2020, VOLUME NUMBER 1-Z text of the regulation, and the initial statement of rea- sons. Copies of these documents, or any of the informa- tion upon which the proposed rulemaking is based on, may be obtained by contacting Harold Coburn, or the alternative contact persons at the address, phone num- ber or e−mail address listed above. A V AILABILITY OF MODIFIED TEXT After holding a hearing and considering all timely and relevant comments received, the Board may adopt the proposed regulation substantially as described in this notice.

If modifications are made which are suffi- ciently related to the originally proposed text, the modi- fied text, with changes clearly marked, shall be made available to the public for at least 15 days prior to the date on which the Board adopts the regulation. Requests for copies of any modified regulation should be sent to the attention of Harold Coburn at the address stated above. The Board will accept written comments on the modified regulation for 15 days after the date on which it is made available.

A V AILABILITY OF FINAL STATEMENT OF REASONS Requests for copies of the final statement of reasons, which will be made available after the Board has adopt- ed the proposed regulation in its current or modified form, should be sent to the attention of Harold Coburn at the address stated above. BOARD WEB ACCESS The Board will have the entire rulemaking file avail- able for inspection throughout the rulemaking process at its website. The rulemaking file consists of the notice, the proposed text of the regulation and the initial state- ment of reasons. The Board’s website address is: www.chrb.ca.gov. TITLE 8.

OCCUPATIONAL SAFETY AND HEALTH STANDARDS BOARD General Industry Safety Orders

Section 5189 Process Safety Management of Acutely Hazardous Materials, Appendix A List of Acutely Hazardous Chemicals, Toxics and Reactives (HORCHER) NOTICE IS HEREBY GIVEN that the Occupational Safety and Health Standards Board (Board) proposes to adopt, amend or repeal the foregoing provisions of Title 8 of the California Code of Regulations in the manner described in the Informative Digest, below. PUBLIC HEARING The Board will hold a public hearing starting at 10:00 a.m. on February 20, 2020 in the Council Chambers of the Rancho Cordova City Hall, 2729 Prospect Park Drive, Rancho Cordova, California.

At this public hearing, any person may present statements or arguments orally or in writing relevant to the proposed action described in the Informative Digest. WRITTEN COMMENT PERIOD Any interested person may present statements or arguments orally or in writing at the hearing on the proposed changes under consideration. The written comment period commences on January 3, 2020 and closes at 5:00 p.m. on February 20, 2020. Comments received after that deadline will not be considered by the Board unless the Board announces an extension of time in which to submit written comments.

Written comments are to be submitted as follows: By mail to Sarah Money, Occupational Safety and Health Standards Board, 2520 Venture Oaks Way, Suite 350 Sacramento, CA 95833; or By e−mail sent to oshsb@dir.ca.gov. AUTHORITY AND REFERENCE Labor Code

Section 142.3 establishes the Board as the only agency in the State authorized to adopt occupa- tional safety and health standards. In addition, Labor Code

Section 142.3 requires the adoption of occupa- tional safety and health standards that are at least as ef- 16

CALIFORNIA REGULATORY NOTICE REGISTER 2020, VOLUME NUMBER 1-Z fective as federal occupational safety and health stan- dards. These proposed regulations will implement, in- terpret, and make specific Labor Code

Section 142.3. INFORMATIVE DIGEST OF PROPOSED ACTION/POLICY STATEMENT OVERVIEW The Occupational Safety and Health Standards Board (Board) intends to adopt the proposed rulemak- ing action pursuant to Labor Code

Section 142.3, which mandates the Board to adopt regulations at least as ef- fective as federal regulations addressing occupational safety and health issues. The U.S. Department of Labor, Occupational Safety and Health Administration (OSHA) issued technical amendments for minor corrections to the Process Safety Management (PSM) of Highly Hazardous Chemicals standard on April 15, 2019, as 29 Code of Federal Regu- lations,

Part 1910,

Section 1910.119. The Board is rely- ing on the explanation of the provisions of the federal regulations in Federal Register (FR), V olume 84, No. 72, pages 15102−15104, April 15, 2019, as justification for the Board’s proposed rulemaking action. The Board proposes to adopt regulations which are the same as the federal regulations except for editorial and format differences.

Appendix A of California’s PSM standard contains the “List of Acutely Hazardous Chemicals, Toxics and Reactives (Mandatory).” The list contains a typograph- ical error in the Chemical Abstract Service (CAS) num- ber for the chemical “Methyl Vinyl Ketone.” The pub- lished version of the standard incorrectly lists the CAS number as “79−84−4.” The correct CAS number is “78−94−4.” The error first appears in the proposed rule of the standard (55 FR 29167, July 17, 1990) and is re- peated in the final rule (57 FR 6407, Feb. 24, 1991).

However, the FR notes that the incorrect CAS number, “79−84−4,” is not a valid CAS number and does not rep- resent a different chemical.

Upon review of the technical amendments, two addi- tional typographical errors in California’s Appendix A were discovered: The CAS number for “Osmium Tetroxide” is incorrect and the listing for the chemical, “Carbonyl Fluoride Cellulose Nitrate (concentration > 12.6 percent nitrogen)” is actually a combination of two chemicals, “Carbonyl Fluoride” and “Cellulose Nitrate (concentration > 12.6 percent nitrogen).” California proposes to correct these errors to make its Appendix A commensurate with the federal counterpart.

The proposed amendments are substantially the same as those promulgated by Federal OSHA; therefore, La- bor Code

Section 142.3(a)(3) exempts the Board from the provisions of

Article 5 (commencing with

Section 11346) and

Article 6 (commencing with

Section 11349) o f

Chapter 3.5,

Part 1, Division 3 of Title 2 of the Gov- ernment Code when adopting standards substantially the same as a federal standard. However, the Board is still providing a comment period and will convene a public hearing. The primary purposes of the written and oral comments at the public hearing are to: 1. Identify any clear and compelling reasons for California to deviate from the federal standard; and, 2.

Identify any issues unique to California related to this proposal which should be addressed in this rulemaking and/or a subsequent rulemaking; and, The responses to comments will be available in a rulemaking file on this matter and will be limited to the above areas. The Board evaluated the proposed regulations pur- suant to government Code

section 11346.5(a)(3)(

D) and has determined that the proposed rulemaking action is not inconsistent or incompatible with existing state regulations. This proposal is part of a system of occupa- tional safety and health regulations. The consistency and compatibility of that system’s component regula- tions is provided by such things as: (1) the requirement of the federal government and the Labor Code to the ef- fect that the State regulations be at least as effective as their federal counterparts, and (2) the requirement that all state occupational safety and health rulemaking be channeled through a single entity (the Standards Board).

DOCUMENTS RELIED UPON 1. 84 Federal Register 15102−15104 (April 15, 2019). This document is available for review Monday through Friday from 8:00 a.m. to 4:30 p.m. at the Stan- dards Board Office located at 2520 Venture Oaks Way, Suite 350, Sacramento, California. COST ESTIMATES OF PROPOSED ACTION Because the proposed amendments correct typo- graphical errors and do not impose new requirements on California businesses, no significant costs are antici- pated as a result of the proposed action.

The affected chemicals are not new to the “List of Acutely Haz- ardous Chemicals, Toxics and Reactives (Mandatory)” in Appendix A of either the federal or state PSM regula- tions, nor are the threshold quantities proposed for change. Correcting the CAS numbers and separating the inadvertently combined chemicals into two separate entries does not alter the requirements of the regulation, which have been in place since its promulgation in 1991. 17

CALIFORNIA REGULATORY NOTICE REGISTER 2020, VOLUME NUMBER 1-Z DETERMINATION OF MANDATE The Occupational Safety and Health Standards Board has determined that the proposed standard does not impose a local mandate. There are no costs to any lo- cal government or school district which must be reim- bursed in accordance with Government Code Sections 17500 through 17630.

SMALL BUSINESS DETERMINATION The Board has determined that the proposed amend- ment may affect small businesses; however, no signifi- cant economic impact is anticipated because the pro- posed amendments correct typographical errors and do not impose new requirements on California businesses.

CONTACT PERSONS Inquiries regarding this proposed regulatory action may be directed to Christina Shupe (Executive Officer) and the back−up contact person is Michael Manieri (Principal Safety Engineer) at the Occupational Safety and Health Standards Board, 2520 Venture Oaks Way, Suite 350, Sacramento, CA 95833; (916) 274−5721.

A V AILABILITY OF TEXT OF THE PROPOSED REGULATIONS AND RULEMAKING FILE The Board will have the entire rulemaking file, and all information that provides the basis for the proposed regulation available for inspection and copying throughout the rulemaking process at its office at the above address. As of the date this notice is published in the Notice Register, the rulemaking file consists of this notice, the proposed text of the regulation, supporting documents, or other information upon which the rule- making is based. Copies may be obtained by contacting Ms. Shupe or Mr.

Manieri at the address or telephone number listed above. A V AILABILITY OF CHANGED OR MODIFIED TEXT After holding the hearing and considering all timely and relevant comments received, the Board may adopt the proposed regulations without further notice even though modifications may be made to the original pro- posal in response to public comments or at the Board’ s discretion. A V AILABILITY OF THE MEMORANDUM TO THE STANDARDS BOARD MEMBERS Upon its completion, copies of the Memorandum may be obtained by contacting Ms. Shupe or Mr. Manieri at the address or telephone number listed above or via the internet.

A V AILABILITY OF DOCUMENTS ON THE INTERNET The Board will have rulemaking documents avail- able for inspection throughout the rulemaking process on its website. Copies of the text of the regulation in an underline/strikeout format and the Notice of Proposed Action can be accessed through the Standards Board’s website at http://www.dir.ca.gov/oshsb. TITLE 8.

OCCUPATIONAL SAFETY AND HEALTH STANDARDS BOARD General Industry Safety Orders Sections 6051, 6056, and 6057 Commercial Diving Operations NOTICE IS HEREBY GIVEN that the Occupational Safety and Health Standards Board (Board) proposes to adopt, amend or repeal the foregoing provisions of Title 8 of the California Code of Regulations in the manner described in the Informative Digest, below. PUBLIC HEARING The Board will hold a public hearing starting at 10:00 a.m. on February 20, 2020 in the Council Chambers of the Rancho Cordova City Hall, 2729 Prospect Park Drive, Rancho Cordova, California.

At this public hearing, any person may present statements or arguments orally or in writing relevant to the proposed action described in the Informative Digest. 18

CALIFORNIA REGULATORY NOTICE REGISTER 2020, VOLUME NUMBER 1-Z WRITTEN COMMENT PERIOD I n addition to written or oral comments submitted at the public hearing, written comments may also be submitted to the Board’s office. The written comment period commences on January 3, 2020 and closes at 5:00 p.m. on February 20, 2020. Comments received after that deadline will not be considered by the Board unless the Board announces an extension of time in which to submit written comments.

Written comments can be submitted as follows: By mail to Sarah Money, Occupational Safety and Health Standards Board 2520 Venture Oaks Way, Suite 350 Sacramento, CA 95833; or By e−mail sent to oshsb@dir.ca.gov. AUTHORITY AND REFERENCE Labor Code

Section 142.3 establishes the Board as the only agency in the State authorized to adopt occupa- tional safety and health standards. In addition, Labor Code

Section 142.3 requires the adoption of occupa- tional safety and health standards that are at least as ef- fective as federal occupational safety and health standards. INFORMATIVE DIGEST OF PROPOSED ACTION/POLICY STATEMENT OVERVIEW The Association of Diving Contractors International contacted federal OSHA, claiming that in several spe- cific instances California’s diving regulations are not as protective as the corresponding federal regulations. Federal OSHA contacted Board staff to discuss amend- ments to the regulations and resolve the concerns. In 2017, several of California’s regulations were amended via Labor Code

Section 142.3(a)(3) which permits an expedited rulemaking process by exempting the Board from certain provisions of the Government Code when adopting standards substantially the same as federal standards (also known as the Horcher process). For the remaining instances where the amend- ments could not be made via that expedited process, the Board is proposing to make the changes in accordance with the requirements of the Administrative Procedure Act (AP A). The Board evaluated the proposed regulations pur- suant to Government Code

section 11346.5(a)(3)(

D) and has determined that the regulations are not incon- sistent or incompatible with existing state regulations. This proposal is part of a system of occupational safety and health regulations. The consistency and compati- bility of that system’s component regulations are pro- vided by such things as: (1) the requirement of the fed- eral government and the Labor Code to the effect that the State regulations be at least as effective as their fed- eral counterparts, and (2) the requirement that all state occupational safety and health rulemaking be chan- neled through a single entity (the Standards Board).

The proposed rulemaking brings some California re- quirements into conformity with existing federal regu- lations while also proposing amendments for which corresponding federal regulations do not exist. Anticipated Benefit The proposal promotes worker safety by updating commercial diving requirements to be at least as effec- tive as their federal counterparts, and allowing for rea- sonable protective measures for divers engaged in tech- nical diving operations. Additionally, the proposal cor- rects many errors in the existing text that could cause confusion for stakeholders seeking compliance.

The specific changes are as follows:

Section 6051.

Definitions.

Section 6051 contains

definitions for use in interpret- ing and complying with

Article 152 “Diving Opera- tions.” The Board proposes to add new

definitions for “Film and TV Diving”, “Positive Buckling Device”, and “Zoo and Aquarium Exhibit Diving” and to modify the existing definition for “Technical Diving.” The changes will aid the regulated public in complying with the requirements of the associated sections. The Board also proposes to correct all occurrences of the word “HOOKAH” to read “hookah.” The proposed change is editorial and will have no regulatory effect.

Section 6056. Basic Operation Procedures.

Section 6056 contains depth limitations, breathing gas, diver supervision, and other safety requirements for divers engaged in SCUBA diving, surface−supplied air diving, and liveboating. Existing subsection 6056(a)(1)(

C) allows SCUBA diving to take place only in currents of one (1) knot or less unless the diver is line−tended. An exception to the requirement, however, is proposed for technical divers performing film and TV diving operations in a controlled environment where the current is artificially increased above one (1) knot and where, in case of an emergency, the current can be reduced to one (1) knot or less. The exception also re- quires the dive team to be trained to work in such condi- tions. The exception will allow technical divers per- forming film and TV diving operations to safely and feasibly produce media for film and television. Subsection 6056(a)(1)(

D) prohibits SCUBA diving in enclosed or physically confining space unless the diver is line−tended. An exception to the requirement is 19

CALIFORNIA REGULATORY NOTICE REGISTER 2020, VOLUME NUMBER 1-Z proposed for technical divers performing film and TV diving operations in a controlled environment where the dive team is trained to respond to emergencies which could arise under such conditions. The exception will allow technical divers performing film and TV div- ing operations to safely and feasibly produce media for film and television. Subsection 6056(a)(2) provides requirements for the supervision of an in−water SCUBA diver.

In order to be commensurate with federal OSHA requirements, the subsection is proposed for amendment to require a standby diver at all times while a SCUBA diver is in the water. Likewise, the federal requirements and the corre- sponding proposed California amendment require the in−water diver to be line−tended from the surface, or ac- companied by another SCUBA diver in the water.

California opts to retain the more protective existing language requiring the companion SCUBA diver to re- main in effective communication with the diver being supervised throughout the operation, instead of being “in continuous visual contact” as required by the corre- sponding federal regulation. The Board also proposes to match the layout of the federal text by deleting sub-

section 6056(a)(2)(

C) and combining it with existing subsection 6056(a)(2)(B). The amendment will make the California language commensurate with federal language and render the requirements easier to understand. Furthermore, an exception to subsection 6056(a)(2) is proposed to allow technical divers to comply with any one of the supervisory diving requirements: a standby diver, line−tending from the surface, or an in−water companion SCUBA diver. The exception will allow technical divers reasonable latitude in providing super- vision to an in−water diver. Subsection 6056(a)(5) provides requirements for diving with the use of hookah gear. Newly proposed subsection 6056(a)(5)(

A) restricts hookah diving to technical diving operations only. Existing subsection 6056(a)(5)(

A) is proposed to be re−lettered to 6056(a)(5)(

B) and amended to limit hookah diving to a maximum depth of 30 feet of seawater (fsw), instead of the current limit of 190 fsw. The depth limitation of 30 fsw is based on the ability of the first stage hookah regu- lator to properly function at the depth without the need to compensate for increased pressures at greater depths. Newly proposed subsections 6056(a)(5)(

C) and (

D) require additional safety protections such as the use of a non−return valve and a safety harness that allows the hookah diver to be safely pulled from the water in an emergency. Existing subsections 6056(a)(5)(B)−(

D) are pro- posed to be re−lettered to subsections 6056(a)(5)(E)−(G). Existing subsection 6056(a)(5)(B), (proposed to be re−lettered to subsection (E)), is pro- posed for further amendment to add the word “gas” to the phrase “independent reserve breathing [gas] sup- ply”. Additionally, the subsection is proposed for amendment to require a hookah diver to carry sufficient reserve breathing gas to return to the surface should the diver’s air supply malfunction. The existing require- ment that the hookah diver be equipped with a regulator is proposed to be placed before the requirement for the reserve breathing gas to increase readability. Finally, newly proposed subsection 6056(a)(5)(

H) requires a second stage regulator used for hookah div- ing to be designed to function at the diver’s working depth. The above proposed amendments relating to hookah diving will ensure that technical divers can safely use hookah equipment during technical diving operations. The semi−colon at the end of subsection 6056(b)(2)(

A) is proposed to be replaced with a period. Additionally, a hyphen is proposed to be added between the words “surface” and “supplied” in subsection 6056(b)(2)(

B) to match others occurrences of the word “surface−supplied” in California’s diving regulations. Neither change will have any regulatory effect. Existing subsection 6056(b)(2)(

C) is proposed for amendment to delete the word “standby” from the phrase “A standby diver equipped with surface− supplied gear . . . shall hose tend at the underwater point of entry. . . .” The use of the word “standby” con- flicts with the definition of a “standby diver,” which is a topside diver ready to assist in the rescue of an in−water diver. The existing language of subsection 6056(b)(2)(

C) requires the diver(

s) to be located at the underwater point of entry into an enclosed or physically confining space and not on the surface. The change will remove a potential point of confusion from the existing language and ensure that a diver working in enclosed or physical- ly confining spaces is attended at the underwater point of entry.

Section 6057. Equipment Procedures and Requirements.

Section 6057 contains requirements for recordkeep- ing of alteration, maintenance, repair, testing, or cali- bration of dive equipment. The

section also contains re- quirements for specific features and functions for SCUBA, surface−supplied air, and other diving equipment. Subsection 6057(

a) is proposed to be amended to add the missing word “shall” in the sentence “Each equip- ment modification, repair, test, calibration or mainte- nance service [sic] be logged. . . .” The corresponding federal language found in 29 CFR 1910.430(a)(2) in- cludes the word “shall.” The proposed revision will have no regulatory effect in that, notwithstanding the 20

CALIFORNIA REGULATORY NOTICE REGISTER 2020, VOLUME NUMBER 1-Z correction being appropriate, the preexisting sentence’ s meaning had been implicitly clear. Subsections 6057(b)(2)(

B) and (

C) are proposed for amendment to replace the word “must” with “shall” in the phrase “SCUBA tanks must . . .,” which appears in both subsections. Additionally, subsection 6057(b)(4)(

A) is proposed for amendment to correct the misspelling of the word “buoyancy.” Finally, subsection 6057(b)(7) is proposed for amendment to replace the word “at” with the word “for” in the phrase “Underwater breathing masks and helmets used at [sic] SCUBA must. . . .” The word “must” is proposed for replacement with the word “shall” in this subsection as well. The proposed amendments are edi- torial and will have no regulatory effect. DISCLOSURES REGARDING THE PROPOSED ACTION Mandate on Local Agencies or School Districts: None. Cost or Savings to State Agencies: None.

Cost to Any Local Government or School District Which Must be Reimbursed in Accordance with Government Code Sections 17500 through 17630: None. Other Nondiscretionary Cost or Savings Imposed on Local Agencies: None. Cost or Savings in Federal Funding to the State: None. Cost Impact on a Representative Private Person or Business: The Board is not aware of any significant cost im- pacts that a representative private person or business would necessarily incur in reasonable compliance with the proposed action.

The proposed amendments for technical diving will preserve existing requirements for technical divers, while updating California regulations to be commensurate with their corresponding federal regulations. Although the updated regulations contain a requirement for a standby diver, they do not necessarily impose a cost impact. Under existing requirements, a dive team consists of at least three members: an in−water diver to perform the work, a dive supervisor, and either an in−water buddy diver or a topside line−tender.

The topside line−tender can serve as a standby diver in addition to his/her line− tending duties, thus obviating any potential costs of the new requirement. In situations where the employer elects to use an in−water buddy diver instead of the top- side line−tender, an additional employee may be re- quired to serve as a standby diver, thus potentially in- curring costs. The Board estimates that in the limited cases where an additional employee is needed to serve as a standby diver for commercial diving operations using SCUBA gear, the cost of the added employee could be up to $680 for an 8−hour day.

The Board estimates that such a situ- ation would occur fewer than 100 times each year be- cause the vast majority of commercial diving work is performed using surface−supplied air, due to its advan- tages in communication with the diver and its inherent safety features. Additional equipment costs are not an- ticipated because employers regularly stock extra gear for various uses, such as additional dive team members rotating positions in an effort to avoid decompression limits.

Statewide Adverse Economic Impact Directly Affecting Businesses and Individuals: Including the Ability of California Businesses to Compete: The Board has made an initial determination that this proposal will not result in a significant, statewide ad- verse economic impact directly affecting businesses/in- dividuals, including the ability of California businesses to compete with businesses in other states. The pro- posed amendments for technical diving will preserve existing requirements for technical divers, while updat- ing California regulations to be commensurate with their corresponding federal regulations.

As other states are required to either follow the federal commercial diving regulations or create their own equivalent regu- lations, the proposed amendments (unrelated to techni- cal diving) are the same or similar to the requirements of other states. Significant Affect on Housing Costs: None. SMALL BUSINESS DETERMINATION The Board has determined that the proposed amend- ment(

s) may affect small businesses; however, no sig- nificant economic impact is anticipated. Although the updated regulations contain a requirement for a standby diver, they do not necessarily impose a cost impact. Under existing requirements, a dive team consists of at least three members: an in−water diver to perform the work, a dive supervisor, and either an in−water buddy diver or a topside line−tender. The topside line−tender can serve as a standby diver in addition to his/her line− tending duties, thus obviating any potential costs from the new requirement.

In situations where the employer elects to use an in−water buddy diver instead of the top- side line−tender, an additional employee may be re- quired to serve as a standby diver, thus potentially in- curring costs. The Board estimates that in the limited cases where an additional employee is needed to serve as a standby diver for commercial diving operations using SCUBA gear the cost of the added employee could be up to $680 21

CALIFORNIA REGULATORY NOTICE REGISTER 2020, VOLUME NUMBER 1-Z f or an 8−hour day. The Board estimates that such a situ- ation would occur fewer than 100 times each year be- cause the vast majority of commercial diving work is performed using surface−supplied air, due to its advan- tages in communication with the diver and its inherent safety features. Additional equipment costs are not an- ticipated because employers regularly stock extra gear for various uses, such as additional dive team members rotating positions in an effort to avoid decompression limits.

RESULTS OF THE ECONOMIC IMPACT ASSESSMENT/ANALYSIS The proposed regulation will not have any effect on the creation or elimination of California jobs or the cre- ation of new businesses or the elimination of existing California businesses or affect the expansion of existing California businesses because the proposed amend- ments for technical diving will preserve existing re- quirements for technical divers, while updating Califor- nia regulations to be commensurate with their corre- sponding federal regulations.

BENEFITS OF THE PROPOSED ACTION The proposal promotes worker safety by updating commercial diving requirements to be at least as effec- tive as their federal counterparts, while preserving rea- sonable protective measures for divers engaged in tech- nical diving operations. Additionally, the proposal cor- rects many errors in the existing text that could cause confusion for stakeholders seeking compliance. No sig- nificant environmental impact is anticipated from the proposed action. CONSIDERATION OF ALTERNATIVES In accordance with Government Code

Section 11346.5(a)(13), the Board must determine that no rea- sonable alternative it considered to the regulation or that has otherwise been identified and brought to its at- tention would either be more effective in carrying out the purpose for which the action is proposed or would be as effective and less burdensome to affected private persons than the proposed action or would be more cost−effective to affected private persons and equally effective in implementing the statutory policy or other provision of law than the proposal described in this Notice.

The Board invites interested persons to present state- ments or arguments with respect to alternatives to the proposed regulation at the scheduled public hearing or during the written comment period. CONTACT PERSONS Inquiries regarding this proposed regulatory action may be directed to Christina Shupe (Executive Officer) or the back−up contact person, Michael Manieri (Prin- cipal Safety Engineer) at the Occupational Safety and Health Standards Board, 2520 Venture Oaks Way, Suite 350, Sacramento, CA 95833; (916) 274−5721.

A V AILABILITY OF STATEMENT OF REASONS, TEXT OF THE PROPOSED REGULATIONS AND RULEMAKING FILE The Board will have the entire rulemaking file avail- able for inspection and copying throughout the rule- making process at its office at the above address. As of the date this Notice of Proposed Action is published in the Notice Register, the rulemaking file consists of this Notice, the proposed text of the regulations, the Initial Statement of Reasons, supporting documents, or other information upon which the rulemaking is based. Copies may be obtained by contacting Ms. Shupe or Mr.

Manieri at the address or telephone number listed above. A V AILABILITY OF CHANGED OR MODIFIED TEXT After holding the hearing and considering all timely and relevant comments received, the Board may adopt the proposed regulations substantially as described in this Notice. If the Board makes modifications which are sufficiently related to the originally proposed text, it will make the modified text (with the changes clearly indicated) available to the public at least 15 days before the Board adopts the regulations as revised. Please re- quest copies of any modified regulations by contacting Ms. Shupe or Mr.

Manieri at the address or telephone number listed above. The Board will accept written comments on the modified regulations for at least 15 days after the date on which they are made available. A V AILABILITY OF THE FINAL STATEMENT OF REASONS Upon its completion, copies of the Final Statement of Reasons may be obtained by contacting Ms. Shupe or Mr. Manieri at the address or telephone number listed above or via the internet. 22

CALIFORNIA REGULATORY NOTICE REGISTER 2020, VOLUME NUMBER 1-Z A V AILABILITY OF DOCUMENTS ON THE INTERNET The Board will have rulemaking documents avail- able for inspection throughout the rulemaking process on its website. Copies of the text of the regulations in an underline/strikeout format, the Notice of Proposed Ac- tion and the Initial Statement of Reasons can be ac- cessed through the Standards Board’s website at http://www.dir.ca.gov/oshsb. TITLE 14.

FISH AND GAME COMMISSION NOTICE IS HEREBY GIVEN that the Fish and Game Commission (Commission), pursuant to the au- thority vested by Sections 200, 203, 203.1, 265, 332, 460, 1050, 3051, 3452, 3453, 3953, 4334, 4370, 4902, Fish and Game Code and to implement, interpret or make specific Sections 360, 361, 362, 364 and 364.1; Title 14, California Code of Regulations, relating to an- nual adjustments to mammal hunting tag quotas. INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW

Section 360: Existing regulations provide for the number of deer hunting tags in subsection 360(

c) Addi- tional Hunts. The proposed action provides a recom- mended range of tag numbers for each hunt from which a final number will be determined, based on the post− winter status of each deer herd. These ranges are neces- sary at this time because the final number of tags cannot be determined until spring herd data are collected in March/April and analyzed. The proposed action changes the number of tags for all existing hunts (except those on military installations) to a series of ranges as indicated in the table below. Deer:

Section 360(

c) Additional Hunts, Tag Allocations Hunt number G−1 (Late Season Buck Hunt for Zone C−4); Current 2019, 2,710; Proposed 2020 Range [0−5,000] Hunt number G−3 (Goodale Buck Hunt); Current 2019, 25; Proposed 2020 Range [0−50] Hunt number G−6 (Kern River Deer Herd Buck Hunt); Current 2019, 50; Proposed 2020 Range, [0−100] Hunt number G−7 (Beale Either−Sex Deer Hunt); Current 201920 Military* [20 Military*] Hunt number G−8 (Fort Hunter Liggett Antlerless Deer Hunt); Current 2019 10 Military* and 10 Public [20*] Hunt number G−9 (Camp Roberts Antlerless Deer Hunt); Current 2019, 0; Proposed 2020 Range, [30*] Hunt number G−10 (Camp Pendleton Either−Sex Deer Hunt); Current 2019, 250 Military*; Proposed 2020 Range, [250 Military*] Hunt number G−11 (Vandenberg Either−Sex Deer Hunt); Current 2019, 0; Proposed 2020 Range, [0−500] Hunt number G−12 (Gray Lodge Shotgun Either−Sex Deer Hunt); Current 2019, 30; Proposed 2020 Range [0−50] Hunt number G−13 (San Diego Antlerless Deer Hunt); Current 2019, 300; Proposed 2020 Range [0−300] Hunt number G−19 (Sutter−Yuba Wildlife Areas Either−Sex Deer Hunt); Current 2019, 25; Proposed 2020 Range [0−50] Hunt number G−21 (Ventana Wilderness Buck Hunt) Current 2019, 25; Proposed 2020 Range [0−100] Hunt number G−37 (Anderson Flat Buck Hunt); Current 2019, 25; Proposed 2020 Range [0−50] Hunt number G−38 (X−10 Late Season Buck Hunt); Current 2019, 300; Proposed 2020 Range [0−300] Hunt number G−39 (Round Valley Late Season Buck Hunt); Current 2019, 2; Proposed 2020 Range [0−150] Hunt number M−3 (Doyle Muzzleloading Rifle Buck Hunt); Current 2019, 20; Proposed 2020 Range [0−75] Hunt number M−4 (Horse Lake Muzzleloading Rifle Buck Hunt); Current 2019, 10; Proposed 2020 Range [0−50] Hunt number M−5 (East Lassen Muzzleloading Rifle Buck Hunt); Current 2019, 5; Proposed 2020 Range [0−50] Hunt number M−6 (San Diego Muzzleloading Rifle Either−Sex Deer Hunt); Current 2019, 80; Proposed 2020 Range [0−100] Hunt number M−7 (Ventura Muzzleloading Rifle Either−Sex Deer Hunt); Current 2019, 150; Proposed 2020 Range [0−150] Hunt number M−8 (Bass Hill Muzzleloading Rifle Buck Hunt); Current 2019, 20; Proposed 2020 Range [0−50] Hunt number M−9 (Devil’s Garden Muzzleloading Rifle Buck Hunt); Current 2019, 15; Proposed 2020 Range [0−100] Hunt number M−11 (Northwestern California Muzzleloading Rifle Buck Hunt); Current 2019, 0; Proposed 2020 Range [0−200] 23

CALIFORNIA REGULATORY NOTICE REGISTER 2020, VOLUME NUMBER 1-Z Hunt number MA−1 (San Luis Obispo Muzzleloading Rifle/Archery Either−Sex Deer Hunt); Current 2019, 150; Proposed 2020 Range [0−150] Hunt number MA−3 (Santa Barbara Muzzleloading Rifle/Archery Buck Hunt); Current 2019, 150; Proposed 2020 Range [0−150] Hunt number J−1 (Lake Sonoma Apprentice Either−Sex Deer Hunt); Current 2019, 25; Proposed 2020 Range [0−25] Hunt number J−3 (Tehama Wildlife Area Apprentice Buck Hunt); Current 2019, 15; Proposed 2020 Range [0−30] Hunt number J−4 (Shasta−Trinity Apprentice Buck Hunt); Current 2019, 15; Proposed 2020 Range [0−50] Hunt number J−7 (Carson River Apprentice Either−Sex Deer Hunt); Current 2019, 0; Proposed 2020 Range [0−50] Hunt number J−8 (Daugherty Hill Wildlife Area Apprentice Either−Sex Deer Hunt); Current 2019, 15; Proposed 2020 Range [0−20] Hunt number J−9 (Little Dry Creek Apprentice Shotgun Either−Sex Deer Hunt); Current 2019, 5; Proposed 2020 Range [0−10] Hunt number J−10 (Fort Hunter Liggett Apprentice Either−Sex Deer Hunt); Current 2019, 25 Military and 60 Public; Proposed 2020 Range [30*] Hunt number J−11 (San Bernardino Apprentice Either−Sex Deer Hunt); Current 2019, 40; Proposed 2020 Range [0−50] Hunt number J−12 (Round Valley Apprentice Buck Hunt); Current 2019, 10; Proposed 2020 Range [0−20] Hunt number J−13 (Los Angeles Apprentice Either−Sex Deer Hunt); Current 2019, 40; Proposed 2020 Range [0−100] Hunt number J−14 (Riverside Apprentice Either−Sex Deer Hunt); Current 2019, 30; Proposed 2020 Range [0−75] Hunt number J−15 (Anderson Flat Apprentice Buck Hunt); Current 2019, 10; Proposed 2020 Range [0−30] Hunt number J−16 (Bucks Mountain−Nevada City Apprentice Either−Sex Deer Hunt); Current 2019, 75; Proposed 2020 Range [0−75] Hunt number J−17 (Blue Canyon Apprentice Either−Sex Deer Hunt); Current 2019, 25; Proposed 2020 Range [0−25] Hunt number J−18 (Pacific−Grizzly Flat Apprentice Either−Sex Deer Hunt); Current 2019, 75; Proposed 2020 Range [0−75] Hunt number J−19 (Zone X−7a Apprentice Either−Sex Deer Hunt); Current 2019, 25; Proposed 2020 Range [0−40] Hunt number J−20 (Zone X−7b Apprentice Either−Sex Deer Hunt); Current 2019, 20; Proposed 2020 Range [0−20] Hunt number J−21 (East Tehama Apprentice Either−Sex Deer Hunt); Current 2019, 50; Proposed 2020 Range [0−80] * Specific numbers of tags are provided for military hunts through a system which restricts hunter access to desired levels and ensures biologically conservative hunting programs.

Military only tags are designated for Department of Defense and eligible personnel as au- thorized by the Installation Commander. Existing regulations for Additional Hunts G−8 (Fort Hunter Liggett Antlerless Deer Hunt) and J−10 (Fort Hunter Liggett Apprentice Either−Sex Deer Hunt) pro- vide for hunting to begin on October 7 and continue for three consecutive days and reopen on October 14 and continue for two consecutive days, including the Columbus Day holiday. The proposal would modify the season to account for the annual calendar shift.

The pro- posal would change the season dates to open on October 3 and October 10, for two and three consecutive days re- spectively and include the Columbus Day holiday.

Section 361: Existing regulations provide for the number of deer hunting tags for existing area−specific archery hunts. The proposed action provides a recom- mended range of tag numbers for each hunt from which a final number will be determined, based on the post− winter status of each deer herd. These ranges are neces- sary at this time because the final number of tags cannot be determined until spring herd data are collected and analyzed in March/April and analyzed. The proposed action changes the number of tags for all existing hunts (except those on military installa- tions) to a series of ranges as indicated in the table be- low. Archery Deer Hunting:

Section 361(b) A−1 (C Zones Archery Only Hunt); Current 2019 1,945; Proposed 2020 [0−3,000] A−3 (Zone X−1 Archery Hunt); Current 2019 100; Proposed 2020 [0−1,000] A−4 (Zone X−2 Archery Hunt); Current 2019 10; Proposed 2020 [0−100] A−5 (Zone X−3a Archery Hunt); Current 2019 40; Proposed 2020 [0−300] A−6 (Zone X−3b Archery Hunt); Current 2019 70; Proposed 2020 [0−400] A−7 (Zone X−4 Archery Hunt); Current 2019 120; Proposed 2020 [0−400] 24

CALIFORNIA REGULATORY NOTICE REGISTER 2020, VOLUME NUMBER 1-Z A−8 (Zone X−5a Archery Hunt); Current 2019 15; Proposed 2020 [0−100] A−9 (Zone X−5b Archery Hunt); Current 2019 5; Proposed 2020 [0−100] A−11 (Zone X−6a Archery Hunt); Current 2019 50; Proposed 2020 [0−200] A−12 (Zone X−6b Archery Hunt); Current 2019 90; Proposed 2020 [0−300] A−13 (Zone X−7a Archery Hunt); Current 2019 45; Proposed 2020 [0−200] A−14 (Zone X−7b Archery Hunt); Current 2019 25; Proposed 2020 [0−100] A−15 (Zone X−8 Archery Hunt); Current 2019 40; Proposed 2020 [0−100] A−16 (Zone X−9a Archery Hunt); Current 2019 140; Proposed 2020 [0−500] A−17 (Zone X−9b Archery Hunt); Current 2019 300; Proposed 2020 [0−500] A−18 (Zone X−9c Archery Hunt); Current 2019 350; Proposed 2020 [0−500] A−19 (Zone X−10 Archery Hunt); Current 2019 100; Proposed 2020 [0−200] A−20 (Zone X−12 Archery Hunt); Current 2019 100; Proposed 2020 [0−500] A−21 (Anderson Flat Archery Buck Hunt); Current 2019 25; Proposed 2020 [0−100] A−22 (San Diego Archery Either−Sex Deer Hunt); Current 2019 1,000; Proposed 2020 [0−1,500] A−24 (Monterey Archery Either−Sex Deer Hunt); Current 2019 100; Proposed 2020 [0−200] A−25 (Lake Sonoma Archery Either−Sex Deer Hunt); Current 2019 35; Proposed 2020 [0−75] A−26 (Bass Hill Archery Buck Hunt); Current 2019 30; Proposed 2020 [0−100] A−27 (Devil’s Garden Archery Buck Hunt); Current 2019 5; Proposed 2020 [0−75] A−30 (Covelo Archery Buck Hunt); Current 2019 40; Proposed 2020 [0−100] A−31 (Los Angeles Archery Either−Sex Deer Hunt); Current 2019 1,000; Proposed 2020 [0−1,500] A−32 (Ventura/Los Angeles Archery Late Season Either−Sex Deer Hunt); 250; Proposed 2020 [0−300] A−33 (Fort Hunter Liggett Late Season Archery Either−Sex Deer Hunt); Current 2019 50*; Proposed 2020 (25 Military and 25 Public) 50* * Specific numbers of tags are provided for military hunts through a system which restricts hunter access to desired levels and ensures biologically conservative hunting programs.

Military only tags are designated for Department of Defense and eligible personnel as au- thorized by the Installation Commander. Existing regulations for Hunt A−33 (Fort Hunter Liggett Late Season Archery Either−Sex Deer Hunt) provide for hunting to open beginning the first Saturday in October and continue through November 12, except if rescheduled by the Commanding Officer with De- partment concurrence between the season opener and December 31.

The current proposal would modify the season to account for the annual calendar shift by changing the season dates to open beginning the first Saturday in October and continue through November 11, except if rescheduled by the Commanding Officer with Department concurrence between the season opener and December

Section 362: The current regulation in

Section 362, Title 14, CCR, provides for limited hunting of Nelson bighorn rams in specified areas of the State. The pro- posed change is intended to adjust the number of tags available for the 2020 season based on bighorn sheep fall/winter population surveys conducted by the De- partment. Final tag quota recommendations will be made pending completion of all surveys and data analy- ses. quota recommendations will be made pending completion of all surveys and data analyses.

Nelson Big Horn Sheep hunt zones followed by 2020 proposed range of tags. Zone 1 — Marble/Clipper Mountains [0−5] Zone 2 — Kelso Peak/Old Dad Mountains [0−4] Zone 3 — Clark/Kingston Mountain Ranges [0−4] Zone 4 — Orocopia Mountains [0−2] Zone 5 — San Gorgonio Wilderness [0−3] Zone 6 — Sheep Hole Mountains [0−2] Zone 7 — White Mountains [0−6] Zone 8 — South Bristol Mountains [0−3] Zone 9 — Cady Mountains [0−4] Zone 10 — Newberry, Rodman, Ord Mountains [0−6] Open Zone Fund−Raising Tag [0−1] Marble/Clipper/South Bristol Mountains Fund−Raising T ag [0−1] Cady Mountains Fund−Raising Tag [0−1]

Section 364: Current regulations in

Section 364, Title 14, CCR, provide

definitions, hunting zone descrip- tions, season dates, and elk license tag quotas. In order to achieve elk herd management goals and objectives and maintain hunting quality, it is periodically neces- sary to adjust quotas, seasons, hunt areas and other cri- teria in response to dynamic environmental and biologi- cal conditions. The proposed amendments to

Section 364 will establish the 2020 tag quotas, season dates, and tag distribution within each hunt adjusting for annual fluctuations in populations. 1. Subsections 364(

r) through (aa) specify elk license tag quota ranges for each hunt in 25

CALIFORNIA REGULAT

Document details

Collection	California Z Register
Citation	546c96c94759fe84c90b842db2be0bd3c4565e20
Type	gazette
Language	en
Format	pdf
Source	CA_ZREG
Identifier	546c96c94759fe84c90b842db2be0bd3c4565e20

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