California Regulatory Notice Register — Register 2024, No. 14-Z (APRIL 5, 2024)

Cal. Reg. Notice Reg. 2024, No. 14

California Z Register

Time- Dated Material GAVIN NEWSOM, GOVERNOR OFFICE OF ADMINISTRATIVE LAW California Regulatory Notice Register REGISTER 2024, NUMBER 14–Z PUBLISHED WEEKLY BY THE OFFICE OF ADMINISTRATIVE LAW APRIL 5, 2024 PROPOSED ACTION ON REGULATIONS TITLE 5. BOARD OF EDUCATION California Assessment of Student Performance and Progress — Notice File Number Z2024–0312–04 ............. 379 TITLE 13. DEPARTMENT OF MOTOR VEHICLES Medical Certificates Required of Commercial Drivers — Notice File Number Z2024–0321–02 ................... 383 TITLE 14.

DEPARTMENT OF FISH AND WILDLIFE Risk Assessment Mitigation Program 2024 Program Revision Affecting Commercial Dungeness Crab Fishery — Notice File Number Z2024–0326–03 ................................................... 385 TITLE 16. BOARD OF PSYCHOLOGY Inactive Status of Psychological Associate Registration — Notice File Number Z2024–0325–01 ................. 390 TITLE 27. OFFICE OF ENVIRONMENTAL HEALTH HAZARD ASSESSMENT Proposition 65

Article 6 Acrylamide Warnings — Notice File Number Z2024–0326–02 ......................... 393 GENERAL PUBLIC INTEREST DEPARTMENT OF TOXIC SUBSTANCES CONTROL Notice of Proposed Settlement Agreement ............................................................. 397 FISH AND GAME COMMISSION Notice of Receipt of Petition to List Western Burrowing Owl .............................................. 398 PETITION DECISION HIGHWAY PATROL Regarding Petition for Rulemaking to Regulate Sirens and Flashing Lights on Ambulances ..................... 398 (Continued on next page)

PROPOSITION 65 Please see above PROPOSED ACTION ON REGULATIONS for Title 27, Office of Environmental Health Hazard Assessment

SUMMARY OF REGULATORY ACTIONS Regulations filed with the Secretary of State .......................................................... 400 2024 RULEMAKING CALENDAR — INCORPORATED BY REFERENCE Special Note .................................................................................... 403 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 REGULATORY 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 $338.00 (annual price).

To order or make changes to current subscriptions, please call (800) 328−4880. The Register can also be accessed at https://oal.ca.gov .

CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 14–Z 379 PROPOSED ACTION ON REGULATIONS Information contained in this document is published as received from agencies and is not edited by Thomson Reuters. TITLE 5. BOARD OF EDUCATION CALIFORNIA ASSESSMENT OF STUDENT PERFORMANCE AND PROGRESS NOTICE IS HEREBY GIVEN that the State Board of Education (SBE) proposes to adopt the reg - ulations described below after considering all com - ments, objections, or recommendations regarding the proposed action.

The SBE invites interested persons to present state - ments or arguments with respect to alternatives to the proposed regulations at the scheduled hearing or during the written comment period. Public Hearing The California Department of Education (CDE) staff, on behalf of the SBE, will hold a virtual public hearing at 9:00 a.m. on May 21, 2024.

Any interested person may participate in the public hearing via the videoconference in Zoom by logging in per the following instructions: ● Click the following link or paste the link into the browser to join the videoconference and enter the passcode: https://us02web.zoom.us/j/87200092804 Passcode: 141897 ● To connect with audio only and no video, call one of the following telephone numbers and enter the meeting ID and password: +1 669 900 6833 US (San Jose) +1 213 338 8477 US (Los Angeles) Meeting ID: 872 0009 2804 Passcode: 141897 Persons intending to attend the Zoom meeting may check their computers by: ● Clicking on the test link: https://zoom.us/test. ● For any issues regarding connecting with Zoom, go to https://support.zoom.us/hc/en–us for assistance.

At the hearing, any person may present statements or arguments, orally or in writing, relevant to the pro - posed action described in the Informative Digest. The SBE requests, but does not require, that persons who make oral comments at the virtual public hearing also submit a written

summary of their statements. No oral statements will be accepted subsequent to this virtual public hearing. REASONABLE ACCOMMODATION FOR ANY INDIVIDUAL WITH A DISABILITY Pursuant to the Rehabilitation Act of 1973, the Americans with Disabilities Act of 1990, and the Un- ruh Civil Rights Act, any individual with a disabili - ty who requires reasonable accommodation to attend or participate in a public hearing on proposed regu - lations, may request assistance by contacting Devin Triplett, Assessment Development and Administra - tion Division, 1430 N Street, Sacramento, CA, 95814 or by telephone at 916–319–0803.

It is recommended that assistance be requested at least two weeks prior to the hearing. Pursuant to Government Code (Gov. Code)

section 11346.6(a) (3) and (b), because some of these regula - tions pertain to special education, the following pro - visions also apply: Upon request from a person with a visual disabil - ity or other disability for which effective communi - cation is required under state or federal law, the CDE shall provide that person a narrative description of the additions to, and deletions from, the regulations.

The description shall identify each addition to or deletion from the regulations by reference to the subdivision, paragraph, subparagraph, clause, or subclause within the proposed regulation containing the addition or de- letion. The description shall provide the express lan - guage proposed to be added to or deleted from the reg- ulations and any portion of the surrounding language necessary to understand the change in a manner that allows for accurate translation by reading software used by the visually impaired.

The CDE shall provide the information described above within 10 business days, unless the CDE deter - mines that compliance with this requirement would be impractical and notifies the requester of the date on which the information will be provided. Notwithstanding any other law, if information is provided to a requester as described above, the CDE shall provide that requester at least 45 days from the date upon which the information was provided to the requester to submit a public comment regarding the proposed regulation.

The CDE shall not take final action to adopt the regulation until the requester has submitted a public comment or the extended 45–day comment period expires, whichever occurs first.

CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 14–Z 380 WRITTEN COMMENT PERIOD Any interested person, or their authorized represen- tative, may submit written comments relevant to the proposed regulatory action to: Lorie Adame, Regulations Coordinator Administrative Support and Regulations Adoption Unit California Department of Education 1430 N Street, Suite 5319 Sacramento, CA 95814 Comments may also be submitted by facsimile (FAX) at 916–322–2549 or by email to regcomments@ cde.ca.gov. Comments must be received by the Regulations Coordinator prior to or on May 21, 2024.

All written comments received by CDE staff during the public comment period are subject to disclosure under the Public Records Act. AUTHORITY AND REFERENCE Authority:

section 33031, 60605 and 60640, Educa- tion Code. References: sections 60605, 60640, 60641 and 60642.5, Education Code. INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW Assembly Bill Number 484 (Stats. 2013,

chapter 489; hereafter AB 484) authorized a new statewide testing program, the California Assessment of Student Performance and Progress (CAASPP) System. Provi - sions of AB 484 took effect in January 2014. Pursuant to Education Code (EC)

section 60640, the CDE has updated the CAASPP System since 2014 to include the following assessments: the California Science Test (CAST), aligned with the California Next Generation Science Standards (CA NGSS); the California Alter - nate Assessments (CAAs) for English Language Arts (ELA), Mathematics, and Science, aligned with the Core Content Connectors; and the California Spanish Assessment (CSA), aligned with the Common Core State Standards en Español. CAASPP test results are used to improve teaching and learning in schools and local educational agencies (LEAs) in California.

In ad- dition, the CAASPP tests are developed, administered, and reported in accordance with federal requirements. As required by EC

section 60640(q), California Code of Regulations title 5 (5 CCR) sections 850 through 864 were amended to conform to the State’s testing regulations for the CAASPP System for the first operational administration of the CAASPP, which occurred in the 2014–2015 school year. Subsequent amendments were adopted on an emergency basis and through the regular rulemaking process for the sec - ond operational year of the CAASPP in 2015–2016, the third operational year of the CAASPP in 2016– 2017, the fifth operational year of the CAASPP in 2018–2019, and in the seventh operational year of the CAASPP in 2021–2022.

All CAASPP assessments are administered within a CAASPP LEA testing window designated by each LEA within the larger CAASPP state testing window. Per 5 CCR

section 855, the LEA testing window may begin on the day in which 66 percent of the school’s or track’s annual instructional days have been com - pleted, but no earlier than the start of the state testing window, and testing may continue up to and including the last day of instruction for the regular school’s or track’s annual calendar, but no later than the end of the state testing window. The state testing window for all CAASPP assess - ments—with the exception of the CAA for Science— begins no earlier than the second Tuesday in January of each year.

The state testing window for the CAA for Science begins on a date in September as determined by the CDE so that each of the CAA for Science per - formance tasks can be embedded within the instruc - tion relevant to each performance task. Currently, per 5 CCR

section 855, the state testing window for all CAASPP assessments ends each year on July 15, or on the weekday following July 15 if July 15 was not a weekday. Following the end of the CAASPP state testing win- dow, the CDE’s testing contractor, ETS, moves all tests that have not been completed to the post–administra - tion processes of scoring and reporting. Prior to the public release of all aggregate results to the at https:// caaspp–elpac.ets.org, ETS and the CDE will conduct a series of quality control processes to ensure that all individual and aggregate data reported is correct. In September 2023, Governor Newsom signed Sen- ate Bill (SB) Number 293, which amended EC

section 60641 to require the CDE to make statewide summa - tive CAASPP results publicly available on or before October 15 each year and for the SBE’s calendar for delivering results to the CDE to be consistent with that deadline. In order for the CDE and ETS to have sufficient time to complete all necessary post–admin - istration processes prior to the public release of results on or before October 15, the CDE finds it necessary that 5 CCR

section 855 be amended to indicate that the CAASPP state testing window close no later than June 30 each year. The CDE and ETS have reviewed data from prior years’ test administration and have confirmed that only a few LEAs have selected testing windows that end in July and no tests have been ad - ministered in the time between June 30 and July 15 in

CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 14–Z 381 prior years, so this change will have little to no effect on LEAs’ administration of assessments. The proposed amendments to the CAASPP regu - lations for 2023–2024 were needed on an emergency basis, so emergency regulations were implemented to ensure that 2023–2024 CAASPP results are publicly reported on or before October 15, in accordance with the recent amendments to EC

section 60641. These proposed amendments will make permanent the ear - lier changes made in the emergency regulations to ensure that future CAASPP results will be publicly reported on or before October 15, in accordance with the recent amendments to EC

section 60641. Policy Statement Overview The proposed amendments for CAASPP regulations for 2023–2024 are designed to ensure that all CAASPP results are publicly reported on or before October 15 each year, in accordance with the recent amend - ments to EC

section 60641. Additionally, the proposed amendments support increased local control, and strengthen an LEA ’s ability to access achievement re- sults in a timely manner so that achievement data can be used for the purposes for guiding instruction, gaug- ing students’ readiness for career and college, and for meeting state and federal accountability requirements.

Anticipated Benefits of the Proposed Regulation The anticipated benefit of enacting the proposed amendments is that the CDE and ETS will have suffi- cient time to effectively, consistently, and reliably com- plete all post–administration processes — including annual scoring, reporting, and quality control process- es — prior to the public release of aggregate CAASPP results on or before October 15, as required by EC sec- tion 60641.

Additionally, the proposed amendments support increased local control, and strengthen an LEA ’s ability to access achievement results in a timely manner so that achievement data can be used for the purposes for guiding instruction, gauging students’ readiness for career and college, and for meeting state and federal accountability requirements. Evaluation of Inconsistency/Incompatibility with Existing State Regulations An evaluation of the proposed regulations has deter- mined they are not inconsistent/incompatible with ex- isting regulations, pursuant to Government Code sec - tion 11346.5(a) (3) (D).

After conducting a review for any regulations that would relate to or affect this area of law, the SBE has concluded that these are the only regulations that concern the CAASPP regulations. DISCLOSURES REGARDING THE PROPOSED ACTION/FISCAL IMPACT The SBE has made the following initial determinations: Other statutory requirements : There are no other matters as are prescribed by statute applicable to the specific state agency or to any specific regulations or class of regulations. Mandate on local agencies and school districts: No.

Costs to any local agencies or school districts for which reimbursement would be required pursuant to

Part 7 (commencing with

section 17500) of division 4 of the Government Code: None. Cost or savings to any state agency: None. Other non–discretionary costs or savings imposed on local agencies, including local educational agen - cies: None. Costs or savings in federal funding to the state : None. Effect on housing costs: 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 because the amendments only concern the CDE, ETS, and LEAs, and will not cause adverse economic impact to California businesses.

Cost impacts on a representative private person or businesses: The SBE is not aware of any cost impacts that a representative private person or business would necessarily incur in reasonable compliance with the proposed action. Report required : The proposed regulations do not require a report to be made. Effect on small businesses : The proposed regula - tions would not have an effect on any small business because the amendments are made to aspects of exist- ing regulations that will not impose new or additional work on the LEAs or impact small businesses in any way.

RESULTS OF THE ECONOMIC IMPACT ANALYSIS/ASSESSMENT Benefits of the Regulations to the Health and Welfare of California Residents, Worker Safety, and the State’s Environment — Gov. Code

section 11346.5(a) (10): The SBE concludes that it is unlikely that these proposed regulations will: 1) create or elim- inate jobs within California; 2) create new businesses or eliminate existing businesses within California; or 3) affect the expansion of businesses currently doing business within California.

Benefits of the Proposed Action: The proposed reg- ulations will not benefit the health of California resi - dents, worker safety and the State’s environment, but it will benefit the welfare of California students by ensuring the CDE and ETS will have sufficient time to effectively, consistently, and reliably complete all post–administration processes before the required public release on or before October 15 pursuant to EC

CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 14–Z 382

section 60641. Moreover, the proposed regulations will support increased local control, and strengthen an LEA ’s ability to access achievement results in a timely manner so that achievement data can be used to guide instruction, gauge California students’ readiness for career and college, and to meet state and federal ac - countability requirements. CONSIDERATION OF ALTERNATIVES In accordance with Government Code

section 11346.5(a) (13), the SBE must determine that no rea - sonable alternative it considered or that has other - wise been identified and brought to the attention of the SBE, would be more effective in carrying out the purpose for which the action is proposed, 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.

The SBE invites interested persons to present state - ments or arguments with respect to alternatives to the proposed regulations during the written comment period.

CONTACT PERSONS Inquiries concerning the content of these proposed regulations should be directed to: Devin Triplett, Education Programs Consultant Assessment Development and Administration Division California Department of Education 1430 N Street, Suite 4409 Sacramento, CA 95814 Telephone: 916–319–0803 Email: DTriplett@cde.ca.gov Inquiries concerning the regulatory process may be directed to Lorie Adame, Regulations Coordinator, or the backup contact person, Gerri White, Analyst. The Regulations Coordinator and the Analyst may be reached by email at regulations@cde.ca.gov or by telephone at 916–319–0860.

AVAILABILITY OF INITIAL STATEMENT OF REASONS, TEXT OF PROPOSED REGULATIONS AND INFORMATION 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, the Initial State - ment of Reasons (ISOR), the agenda and a recording of the SBE meeting where the SBE approved com - mencement of this rulemaking activity, and Fiscal and Economic Impact Statement (STD. 399). These docu- ments upon which the proposed action is based may be obtained upon request from the Regulations Coor - dinator.

In addition, this Notice, the text of the pro - posed regulations and the ISOR may also be viewed on CDE’s website at http://www.cde.ca.gov/re/lr/rr/. AVAILABILITY OF CHANGED OR MODIFIED TEXT Following the public hearing and considering all timely and relevant comments received, the SBE may adopt the proposed regulations substantially as described in this Notice or may modify the proposed regulations if the modifications are sufficiently related to the original text.

With the exception of technical or grammatical changes, the full text of any modified regulation will be available to the public for at least 15 days prior to its adoption from the Regulations Coordinator and will be mailed to those persons who submit written comments related to this regulation, or who provide oral testimony at the public hearing, or who have requested notification of any changes to the proposed regulations. The SBE will accept written comments on the modified regulations for 15 days af - ter the date on which they are made available.

AVAILABILITY AND LOCATION OF THE FINAL STATEMENT OF REASONS AND RULEMAKING FILE You may obtain a copy of the Final Statement of Reasons, once it has been finalized, by making a writ- ten request to the Regulations Coordinator. All the information upon which the proposed reg - ulations are based is contained in the rulemaking file which is available for public inspection by contacting the Regulations Coordinator.

AVAILABILITY OF DOCUMENTS ON THE INTERNET Copies of the Notice of Proposed Action, the Initial Statement of Reasons, and the text of the regulations with modifications highlighted, as well as the Final Statement of Reasons, when completed, and modi - fied text, if any, can be accessed via CDE’s website at http://www.cde.ca.gov/re/lr/rr/.

CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 14–Z 383 TITLE 13. DEPARTMENT OF MOTOR VEHICLES COMMERCIAL DRIVER’S LICENSES The Department of Motor Vehicles (department) proposes to amend Sections 28.19 in

Article 2.1, Chap- ter 1, Division 1, Title 13 of the California Code of Regulations, related to medical certificates required of commercial drivers. PUBLIC HEARING A public hearing regarding this proposed regulato - ry action is not scheduled. However, a public hearing will be held if any interested person or his or her duly authorized representative requests a public hearing to be held relevant to the proposed action by submitting a written request to the contact person identified in this notice no later than fifteen (15) days prior to the close of the written comment period.

DEADLINE FOR WRITTEN COMMENTS Any interested party or his or her duly authorized representative may submit written comments relevant to the proposed regulations to the contact person iden- tified in this notice. All written comments must be re - ceived at the department no later than May 20, 2024, the final day of the written comment period, for them to be considered by the department before it adopts the proposed regulation. AUTHORITY AND REFERENCE The department proposes to adopt/amend/repeal these regulations under the authority granted by Ve - hicle Code

section 1651, in order to implement, inter - pret, or make specific Vehicle Code sections 12804.9, 12527, 13369, 13372 and 15275. INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW Current law requires commercial drivers to meet federal physical qualification standards and have a medical certificate in their possession.

A person ap - plying for a commercial class A, B, commercial class C, or an ambulance driver certificate, is required to provide the department with a Medical Examiner’s Certificate, form MCSA 5876, and a Medical Exam - ination Report, form MCSA 5875, both of which are required to be completed and signed by a healthcare professional whose name appears on Federal Motor Carrier Safety Administration’s (FMCSA) National Registry of Certified Medical Examiners (NRCME). Once the commercial driver’s license applicant has the approved medical documentation, they can continue with the application process.

Commercial drivers who do not meet the minimum federal medical standards may be restricted to driving intrastate only. Effective June 23, 2025, medical examiners are required to report the results of the driver’s physical examinations to FMCSA by midnight of the day fol - lowing the examination. FMCSA will transmit the examination results to the department via new Com - mercial Driver License Information System (CDLIS) messaging via the NRCME. Due to the change in federal rules, the department is proposing to amend

Section 28.19 in

Article 2.1, to make clear that, beginning June 23, 2025, the Med - ical Examiner’s Certificate will be submitted to the NRCME by a certified medical examiner listed on the National Registry of Certified Medical Examiners. Once received by the NRCME, the NRCME will no - tify the department via new CDLIS messaging. Com - mercial driver’s license applicants and license holders have been submitting their medical evaluation docu - mentation to the department directly.

The amendment is necessary to ensure the regulated parties are aware that they will no longer be responsible to provide their medical information to the department. Furthermore, the rule is amended to make clear that a driver apply - ing for a class A, B, or commercial class C license who does not meet the physical qualification standards, can still use the Medical Examination Report, form MCSA 5875, for consideration of obtaining an intra - state restricted license.

BENEFITS OF THE PROPOSED REGULATION The federal rules will require physical examination results to be transmitted from the FMCSA to the state electronically. This change is expected to reduce the submission of falsified medical evaluations and ensure that only drivers who have been proven to be medical- ly qualified are issued commercial driver’s licenses. CONSISTENCY AND COMPATIBILITY WITH STATE REGULATIONS The department has conducted a review of similar regulations and has determined that this action is nei - ther inconsistent nor incompatible with any existing regulations.

COMPARABLE FEDERAL STATUTES OR REGULATIONS This proposed action implements the requirements of federal regulations related to the process by which

CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 14–Z 384 a commercial driver’s medical examination report is transmitted to the FMCSA and to the department. This proposed action is consistent with federal regula- tions and provides clarification of the federal rules as they relate to California drivers. DOCUMENTS INCORPORATED BY REFERENCE There are no documents incorporated by reference. The proposed action references to forms that are con - trolled by the Federal Motor Carrier Safety Adminis - tration.

The department has no discretion related to the contents of the form, revisions made to the forms, or the method by which the forms are submitted to the FMCSA either by the commercial driver’s license holder or on behalf of the commercial driver’s license holder.

ECONOMIC AND FISCAL IMPACT DETERMINATIONS The department has made the following initial de - terminations concerning the proposed regulatory action: ● Cost or Savings to Any State Agency: None. ● Other Non–Discretionary Cost or Savings to Lo - cal Agencies: None. ● Costs or Savings in Federal Funding to the State: None. ● Effects on Housing Costs: None. ● Cost to any local agency or school district re - quiring reimbursement pursuant to Gov. Code

section 17500 et seq.: None. ● Cost Impact on Representative Private Persons or Businesses : The department is not aware of any cost impacts that a representative private per- son or business would necessarily incur in rea - sonable compliance with the proposed action. ● Small Business Impact: This proposed regulation is not likely to impact small businesses. The pro - posed rule is related to medical certificates for commercial drivers. ● Local Agency/School District Mandate: The pro- posed regulatory action will not impose a man - date on local agencies or school districts, or a mandate that requires reimbursement pursuant to

Part 7 (commencing with

Section 17500) of Divi- sion 4 of the Government Code. ● Significant statewide adverse economic impact directly affecting businesses, including the abil - ity of California businesses to compete with busi- nesses in other states : The department does not anticipate this action will have a significant state- wide adverse economic impact directly affecting businesses or the ability of California to compete with businesses in other states.

This proposed ac- tion amends the medical certificate regulations to ensure they are consistent with recent changes made to the federal rules for physical examina - tion standards of commercial drivers. The rules are specific to the commercial driver’s license is- suance process and are unrelated to businesses.

RESULTS OF THE ECONOMIC IMPACT STATEMENT The department has made the following determina - tions when assessing the economic impact associated with this proposed regulation: The department has made the initial determination that this action will not impact, 1) the creation or elim- ination of jobs within the State of California, 2) the creation or elimination of existing businesses within the State of California, 3) the expansion of businesses currently doing business within the State of Califor - nia, or 4) worker safety or the state’s environment.

This action will benefit the welfare of California residents by adopting a federally mandated medical evaluation submission process that will reduce in - stances of fraudulent medical certificates being sub - mitted to the department. The department anticipates the changes in this proposed action will promote safer roadways in California by ensuring that drivers who meet physical qualification standards are issued com - mercial driver’s licenses. PUBLIC DISCUSSIONS OF PROPOSED REGULATIONS A pre–notice workshop, pursuant to Government Code

section 11346.45, is not required because the is- sues addressed in the proposal are not so complex or large in number that they cannot easily be reviewed during the comment period.

ALTERNATIVES CONSIDERED The department must determine that no reasonable alternative considered by the department or that has otherwise been identified and brought to the attention of the department would be more effective in carrying out the purpose for which the action is proposed, or would be effective as and less burdensome to 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 provisions of law.

CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 14–Z 385 CONTACT PERSON Any inquiries or comments concerning the pro - posed rulemaking action may be addressed to: Randi Calkins, Regulations Specialist Department of Motor Vehicles Legal Affairs Division P.O.

Box 932382, MS C–244 Sacramento, CA 94232–3820 Any inquiries or comments concerning the pro - posed rulemaking action requiring more immediate response may use: Telephone: (916) 282–7294 Facsimile: (916) 657–6243 Email: LADRegulations@dmv.ca.gov In the event the contact person is unavailable, in - quiries should be directed to the following back–up person: Peggy Gibson, Attorney IV Department of Motor Vehicles Telephone: (916) 657–6469 AVAILABILITY OF STATEMENT OF REASONS AND TEXT OF PROPOSED REGULATIONS The department has prepared an Initial Statement of Reasons for the proposed regulatory action and has available all the information upon which the proposal is based.

The contact person identified in this notice shall make available to the public upon request the Ex- press Terms of the proposed regulatory action using underline or italics to indicate additions to, and strike- out to indicate deletions from the California Code of Regulations. The contact person identified in this notice shall also make available to the public, upon request, the Final Statement of Reasons and the location of pub - lic records, including reports, documentation and other materials related to the proposed action.

In addition, the above–cited materials (the Notice of Proposed Regulatory Action, the Initial State - ment of Reasons, and Express Terms) may be ac - cessed at https://www.dmv.ca.gov/portal/about– the–california–department–of–motor–vehicles/ california–dmv–rulemaking–actions/ . AVAILABILITY OF MODIFIED TEXT Following the written comment period, and the hearing if one is held, the department may adopt the proposed regulations substantially as described in this notice.

If modifications are made which are sufficient- ly related to the originally proposed text, the fully modified text, with changes clearly indicated, shall be made available to the public for at least 15 days prior to the date on which the department adopts the resulting regulations. Requests for copies of any modified regu- lations should be addressed to the department contact person identified in this notice. The department will accept written comments on the modified regulations for 15 days after the date on which they are first made available to the public. TITLE 14.

DEPARTMENT OF FISH AND WILDLIFE NOTICE IS HEREBY GIVEN that the Department of Fish and Wildlife (Department), proposes amend - ments to

Section 132.8 to Title 14, California Code of Regulations (CCR), for the Risk Assessment Mitiga - tion Program (RAMP) 2024 program revision affect - ing the commercial Dungeness crab fishery. RAMP is a dynamic management framework that assesses and manages marine life entanglement risk associated with the Dungeness crab fishery. The pro - gram specifically provides for delegation to the De - partment’s Director informed management responses to reduce and mitigate entanglement risk for hump - back whales, blue whales, and Pacific leatherback sea turtles (collectively “Actionable Species”).

This pro - posal modifies the RAMP regulations that original - ly went into effect November 1, 2020 based on four seasons’ worth of implementation experience, as well as feedback from the California Dungeness Crab Fish- ing Gear Working Group (Working Group) and other stakeholders, and updated guidance from the National Marine Fisheries Service (NMFS). Fish and Game Code (FGC)

Section 8276.1 pro - vides the Department with the authority to adopt and implement RAMP, and empowers the Director of the Department (Director) to restrict the Dungeness crab fishery under RAMP. The proposed RAMP amendments contain the fol - lowing summarized changes: 1. Adjust definition of Confirmed Entanglement through removal of Impact Score, and how it is calculated, 2. Clarify management areas under RAMP, 3. Adjust decision making considerations and tim - ing for Management Actions, 4. Clarify reporting requirements and requirements for electronic monitoring, 5.

Provide specifications for Dungeness crab fishing gear identification, and 6. Clarify types of limitations or conditions in au - thorizing Alternative Gear

CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 14–Z 386 After consideration of all public comments, objec - tions, and recommendations regarding the proposed action, the Department may adopt the proposed regulations.

PUBLIC HEARING A virtual public hearing is scheduled by as follows: Date: Tuesday, May 21, 2024 Time: 10 a.m. to 12 p.m. (meeting details will be made available on the Whale Safe Fisheries Page: wildlife.ca.gov/Conservation/Marine/ Whale–Safe–Fisheries) Location: Teleconference and Webinar WRITTEN COMMENT PERIOD Any interested person, or his or her authorized representative, may submit written comments on the proposed action to the Department.

All written com - ments must be received by the Department via mail, or email, no later than Tuesday, May 21, 2024, to the contact as follows: California Department of Fish and Wildlife Regulations Unit Attention: Chelle Temple–King, Sr. Environmental Scientist P.O. Box 944209 Sacramento, CA 94244–2090 Email: Regulations@wildlife.ca.gov AUTHORITY AND REFERENCE Authority:

Section 8276.1, Fish and Game Code. Reference: Sections 8276, 8276.1, 8276.5, 9002.5, 9008, Fish and Game Code. INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW Unless otherwise specified, all

section and subsec - tion references in this document are to Title 14 of the California Code of Regulations (CCR). Furthermore, unless otherwise specified, “Dungeness crab fishery” refers to the California commercial Dungeness crab fishery. The California Department of Fish and Wildlife (Department) adopted the Risk Assessment and Man - agement Plan (RAMP) regulation in 2020 to reduce and mitigate the entanglement risk for humpback whales, blue whales, and Pacific leatherback sea tur - tles (Actionable Species) posed by the Dungeness crab fishery.

Under RAMP, management responses will trigger whenever a confirmed entanglement of Actionable Species occurs, or the observed number of an Actionable Species reaches specific thresholds within any of the seven prescribed management area (Fishing Zone) along the state’s coast. The Director of the Department (Director) will also take management actions whenever the number of confirmed entangle - ments for an Actionable Species reaches specific state- wide thresholds. Under several of these conditions, the Director is required to delay the fishery or close it ear- ly.

Once the Dungeness crab fishery is closed within a Fishing Zone, only specific fishing gear designed to reduce entanglement risk that have been approved by the Department (Alternative Gear) may be used in such zones. It has been over three years since the RAMP regu - lation, codified as

Section 132.8, first went into effect, and it has since been implemented for three fishing seasons for the Dungeness crab fishery. The amend - ments proposed here are based on the Department’s experience implementing

Section 132.8 as well as feedback from stakeholders and federal counterparts. 1. Definition and calculation for Confirmed Entanglement: a. Clarify that an Actionable Species entan - glement involving California commercial Dungeness crab gear observed anywhere will be considered as a Confirmed Entangle- ment (subsection (a)) b. Clarify that an Actionable Species entangle- ment in Unknown Fishing Gear will count as a Confirmed Entanglement only if it is re- ported from a Fishing Zone off California (subsection (a)) c.

Clarify that Confirmed Entanglements will be assigned based on information provided by the NMFS, and will be made when suf - ficient data are available, but no longer than on a quarterly basis (subsection (a)) d. Remove provision pertaining to Confirmed Entanglements involving multiple fisheries (subsection (a)) e. Simplify Confirmed Entanglement’s calcu - lation by repealing the concept of Impact Score (subsections (a) & (c)) f. An unidentifiable gear will be considered as Unknown Fishing Gear unless the gear in question is entirely inconsistent with a Dungeness crab trap (subsection (a)) g.

Phase out assignment of Confirmed Entan - glements in Unknown Fishing Gear to the Dungeness crab fishery based on a new line marking requirement (subsection (c) & (h)) 2. Management areas under RAMP:

CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 14–Z 387 a. Specify that Fishing Zones extend to all “Ocean Waters” within the specified area (subsection (a)) b. Remove the concept of “Fishing Grounds” and apply the 100–fathom boundary to only the Marine Life Concentration surveys (sub- sections (a), (c), and (d)) c. Defines “Ocean Waters” (subsection (a)) d. Remove Fishing Zones 6 & 7 (subsection (a)) 3. Management Actions: a.

Move the start time of risk assessments from November 1 to October 15 and discontinue assessment once a Fishing Zone has been closed for the rest of the season (subsection (b)) b. Clarify that a management action will re - main in effect until it is revoked (subsection (b)) c. If a Fishing Zone is closed for the season, only approved Alternative Gear can be used in that zone for the rest of the season (sub - sections (b) & (e)) d. Institute revised Confirmed Entanglement thresholds to align with Endangered Species Act (ESA) and anticipated requirements un- der an ITP (subsection (c)) e.

The validity of a survey for risk assessment no longer expires after a specified period of time (subsection (c)) f. Elevate a management action’s effectiveness at minimizing entanglement to its primary goal (subsection (d)) g. Consolidate the spatial data on the Action - able Species under one subsection and ex - plicitly allow the consideration of data in ar- eas adjacent to Fishing Zones (subsection (d)) h. Extend consideration of entanglement pat - tern from only the ongoing calendar year and Fishing Season to prior years and sea - sons as well while crafting management ac - tions (subsection (d)) i.

Remove Fleet Advisory as a management action (subsection (e)) j. Add restrictions to the amount of surface gear and mandatory active tending of crab gear as a possible management actions (sub-

section (e)) k. Update fishery closure requirements by clar- ifying that all fishing gear must be removed from a closed Fishing Zone by the effective date of the fishery closure; crabs from de - layed or closed zones cannot be taken, pos - sessed, sold, or landed, with special stipula - tions for crabs taken from these zone(

s) right before closure (subsection (e)) 4. Reporting a. Further clarify that all Dungeness crab per - mit holders, whether they are using tradi - tional or Alternative Gear, must submit the biweekly report when they have gear in any Fishing Zone(s); reports are due on the first and sixteenth of each month, and may be submitted through a Department provided form in addition to email or text (subsection (g)) b. Biweekly report now includes the due dates and number of newly lost traps known to each permit holders (subsection (g)) c.

Requiring an end–of–season report due two weeks following the submission of each per- mit holder’s last biweekly report of a Fishing Season documenting the traps lost during that season and their associated buoy tags (subsection (g)) d. Update requirements for electronic monitor- ing systems by commercial Dungeness crab vessels when RAMP management measures are in place; monitoring systems must be able to track vessel accurately without in - terruption; tampering is prohibited, and any interruption must be reported and corrected before fishing can resume (subsection (g)) 5.

Dungeness crab fishing gear identification a. Each main buoy must be legibly marked to identify the fishery and the operator (subsec- tion (h)) b. Requiring trap line marking to identify the gear belonging to the Dungeness crab fish - ery (subsection (h)) 6. Alternative Gear a. Further stipulate the types of limitations or conditions that may be attached to the autho- rization of an Alternative Gear (subsection (i)) Benefits of the Proposed Regulations This proposal clarifies existing RAMP language, particularly those pertaining to Confirmed Entangle - ments, and improves the program’s enforceability.

The proposal also promotes compliance with ESA, simpli- fies the geographic aspect of the program, improves the efficiency and predictability of the risk assess - ments, improves program flexibility by introducing two new management tools, improves data collection by updating the biweekly reporting requirement, im - plements new marking requirements to improve infor- mation quality and help phase out the use of Unknown

CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 14–Z 388 Fishing Gear, improves the integrity of the electronic monitoring program, and finally to build out the con - ditions for Alternative Gear authorization and use. Consistency and Compatibility with Existing Regulations The Legislature has delegated authority to the De - partment to adopt regulations establishing criteria and protocols to evaluate and respond to risk of marine life entanglement in the commercial Dungeness crab fishery (Section 8276.1 of the Fish and Game Code).

The Department has reviewed existing regulations in Title 14, CCR and finds that the proposed regulations are neither inconsistent nor incompatible with existing State regulation. Department staff have searched the CCR and has found that other than

Section 132.8, no other State regulations implement measures to reduce marine life entanglement in commercial Dungeness crab fishing gear. DOCUMENTS INCORPORATED BY REFERENCE Title 50, Code of Federal Regulations (CFR)

Part 660, sections 660.71 through 660.73:

Section 660.71, CFR (last revised March 1, 2023) — Latitude/longitude coordinates defining the 10– fm (18–

m) through 40–fm (73–

m) depth con - tours, available from: https://www.ecfr.gov/ cgibin/retrieveECFR?gp=&SID=8fe553043a533f e4f08397bdb91bef85&mc=true&r=PART&n=pt 50.13.660#se50.13.660_171

Section 660.72, CFR (last revised December 1, 2023) — Latitude/longitude coordinates defining the 50 fm (91

m) through 75 fm (137

m) depth contours, available from: https://www.ecfr.gov/cgibin/retri eveECFR?gp=&SID=8fe553043a533fe4f08397b db91bef85&mc=true&r=PART&n=pt50.13.660# se50.13.660_172

Section 660.73, CFR (last revised December 1, 2023) — Latitude/longitude coordinates defining the 100 fm (183

m) through 150 fm (274

m) depth contours, available from: https://www.ecfr.gov/ cgibin/retrieveECFR?gp=&SID=8fe553043a533f e4f08397bdb91bef85&mc=true&r=PART&n=pt 50.13.660#se50.13.660_173 IMPACT OF THE REGULATORY ACTION/RESULTS OF THE ECONOMIC IMPACT ASSESSMENT (

a) Significant Statewide Adverse Economic Impact Directly Affecting Businesses, Including the Ability of California Businesses to Compete with Businesses in Other States: The Department does not anticipate that the pro - posed action will have significant statewide adverse economic impact directly affecting business, including the ability of California businesses to compete with businesses in other states because west coast states with commercial Dungeness crab fisheries are devel - oping or have similar mitigation programs in effect.

The proposed changes provide improved enforceabil - ity and clarification of existing regulations that aid in the continued preservation of marine resources, while endeavoring to minimize interruptions to commercial harvest opportunities and thus, the prevention of ad - verse economic impacts. (

b) Impact on the Creation or Elimination of Jobs Within the State, the Creation of New Businesses or the Elimination of Existing Businesses, or the Expansion of Businesses in California; Benefits of the Regulation to the Health and Welfare of California Residents, Worker Safety, and the State’s Environment: The Department does not anticipate adverse impacts on the creation or elimination of jobs within the state given that the proposed amendments are to the exist - ing RAMP program, with improvements that include consideration of other management actions as options.

The Department does not anticipate adverse impacts on the creation of new business, the elimination of existing businesses or the expansion of businesses in California. The proposed changes are to provide improved enforceability and clarification of existing regulations that are not anticipated to change the an - nual level of harvest activity, and thus the demand for goods and services related to marine resource harvest that could impact the demand for labor, nor induce the creation of new businesses, the elimination, nor the expansion of businesses in California.

The De - partment does not anticipate any benefits to the health and welfare of California residents or to worker safe - ty. The Department anticipates benefits to the State’s environment indirectly through improved accuracy in information collected for the betterment of marine re - sources management, which improves fish stocks and the marine ecosystems. (

c) Cost Impacts on a Representative Private Person or Business: The Department is aware of cost impacts that a rep- resentative private person or business would necessar- ily incur in reasonable compliance with the proposed

CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 14–Z 389 action. Dungeness crab permit holders are anticipated to have some additional gear–marking and EM costs, and some increases in reporting time (see STD399 and Addendum). (

d) Costs or Savings to State Agencies or Costs/ Savings in Federal Funding to the State: None. (

e) Nondiscretionary Costs/Savings to Local Agencies: None. (

f) Programs Mandated on Local Agencies or School Districts: None. (

g) Costs Imposed on Any Local Agency or School District that is Required to be Reimbursed Under

Part 7 (commencing with

Section 17500) of Division 4, Government Code: None. (

h) Effect on Housing Costs: None. EFFECT ON SMALL BUSINESS The proposed regulation may affect small business. It is reasonable to presume that the permit holders and a large share of businesses that support the Dungeness crab fleet harvest and distribution are small business - es. New compliance requirements and other changes to the regulations would increase the success of RAMP to achieve its goal in trying to avoid entanglement by Actionable Species.

In light of the available evidence, Department staff could not identify reasonable alter - natives that would lessen adverse impact on small business and still achieve the goals of this proposal.

CONSIDERATION OF ALTERNATIVES The Department must determine that no reasonable alternative it considered or that has otherwise been identified and brought to its attention would be more effective in carrying out the purpose for which the ac- tion is proposed, would be as effective and less bur - densome to affected private persons than the proposed action, or would be more cost–effective to affected pri- vate persons and equally effective in implementing the statutory policy or other provision of law.” AVAILABILITY OF RULEMAKING DOCUMENTS AND CONTACT PERSONS Copies of the Notice of Proposed Action, the Ini - tial Statement of Reasons, and the text of the regula - tion in underline and strikeout format can be accessed through the Department website at https://wildlife. ca.gov/notices/regulations/.

The proposed text (the “express terms”) of the reg - ulations, as well as all related documents upon which the proposal is based (rulemaking file), are on file and available for public review at 715 P Street, Sacramen- to, CA 95814 (17th floor). The rulemaking file will be available electronically upon request by contacting the Department at Regulations@wildlife.ca.gov. Inquiries concerning the regulatory process or requests for doc- uments should be directed to: California Department of Fish and Wildlife, Regulations Attention: Chelle Tempe–King, Sr. Environmental Scientist P.O.

Box 944209 Sacramento, CA 94244–2090 916–902–9223 Email: Regulations@wildlife.ca.gov Inquiries concerning the subject matter or substance of the proposed action should be directed to: California Department of Fish and Wildlife, Marine Region Attention: Ryan Bartling, Sr. Environmental Scientist Supervisor 3637 Westwind Boulevard Santa Rosa, CA 95403 Phone: (415) 761–1843 Email: Whalesafefisheries@wildlife.ca.gov As of the date this notice is published, the rulemak - ing file consists of: 1. STD Form 400: Notice of Proposed Action 2. Initial Statement of Reasons 3. Proposed Text of the Regulation: Amendment of

Section 132.8, Title 14, CCR and Documents In - corporated by reference 4. Economic and Fiscal Impact Assessment (Form STD 399) and addendum 5. Documents or Reports Supporting the Proposed Regulation Change AVAILABILITY OF DOCUMENTS ON THE INTERNET The rulemaking file is available online at: https:// wildlife.ca.gov/notices/regulations/ramp2024. AVAILABILITY OF CHANGED OR MODIFIED TEXT After considering all timely and relevant comments received by the Department, the Department may adopt the proposed regulations substantially as de - scribed in this notice.

If the Department makes modi - fications which are sufficiently related to the originally proposed text, it will make the modified text (with the changes clearly indicated) available to the public for at least 15 days before the Department adopts the regula- tions as revised. Please send requests for copies of any modified regulations to the attention of Chelle Temple – King (see above for further contact information).

CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 14–Z 390 The Department would accept written comments on the modified regulations for 15 days after the date on which they are made available. AVAILABILITY OF THE FINAL STATEMENT OF REASONS Upon its completion, copies of the Final Statement of Reasons may be obtained by checking the website at the link provided above or contacting Chelle Temple– King (see above for further contact information). TITLE 16.

BOARD OF PSYCHOLOGY INACTIVE STATUS OF PSYCHOLOGICAL ASSOCIATE REGISTRATION NOTICE IS HEREBY GIVEN that the Board of Psychology (hereafter “Board”) is proposing to take the action described in the Informative Digest below, after considering all comments, objections, and rec - ommendations regarding the proposed action. PUBLIC HEARING The Board has not scheduled a public hearing on this proposed action.

However, the Board will hold a hearing if it receives a written request for a public hearing from any interested person, or his or her au - thorized representative, no later than 15 days prior to the close of the written comment period. A hearing may be requested by making such request in writing addressed to the individuals listed under “Contact Per- son” in this notice.

WRITTEN COMMENT PERIOD Written comments relevant to the action proposed, including those sent by mail, facsimile, or email to the addresses listed under “Contact Person” in this No - tice, must be received by the Board at its office no later than Tuesday, May 21, 2024, by 5:00 p.m. or must be received by the Board at the hearing, should one be scheduled.

AUTHORITY AND REFERENCE Pursuant to the authority vested by Sections 2930 of the Business and Professions Code, and to implement, interpret, or make specific Sections 2913 and 2914 of said Code, the Board of Psychology is considering adding sections 1391.13 and 1391.14 to Division 13.1 of Title 16 of the California Code of Regulations. INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW The Board is seeking to promulgate regulations to create an inactive status and a reactivation process, for individuals registered as psychological associates.

This would be similar to the inactive status and re - activation process currently available for a psycholo - gist licensee who is not engaging in the practice of psychology. Currently, a psychological associate who is unable to perform psychological functions must cancel their current registration in order to stop the time counting towards the cumulative total of six years (72 months) registration limitation, or continue the registration, but not be able to accrue the required hours toward licen - sure.

There is no alternative for a psychological asso - ciate to request a registration status that would clearly indicate the psychological associate is not performing any psychological functions. Once the psychological associate registration is cancelled, the individual must apply for a new registration to perform psychological functions and/or to accrue supervised professional ex- perience required for licensure. The Board also proposes to adopt a process for re - activating an inactive psychological associate registra- tion.

Without the addition of this provision, a psycho - logical associate whose registration has been placed in inactive status would not have a way to return their registration to active status once they obtain a new pri- mary supervisor. The proposed regulations would allow the Board to place the registration in an inactive status when the registrant has no primary supervisor. While the reg - istration is in an inactive status, it will stop the time clock from counting towards the cumulative total of six years registration limitation.

It will also allow the Board to change the registration from an inactive to active status once the registrant has a new primary supervisor. This will allow the registrant to return to earning hours towards licensure and resume the time clock counting towards the cumulative total of six years registration limitation. These additions provide the mechanism that would enable a registrant to maintain their registration in a proactive manner.

This proposal provides the Board with the means to enhance consumer protection by clearly indicating to the public on its website when a registered psychological associate cannot perform psychological functions while holding a registration in an inactive status. Anticipated Benefits of Proposal The Board has determined that this regulatory pro - posal will benefit the health and welfare of California residents because it provides the mechanism for a reg- istrant to switch from active to inactive status when

CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 14–Z 391 unable to perform psychological functions and not have the inactive time count against the six years reg - istration limitation and it will improve public protec - tion by facilitating the public being able to determine whether a registered psychological associate is able to perform psychological functions.

Evaluation of Consistency and Compatibility with Existing State Regulations During the process of developing these regulations and amendments, the Board has conducted a search of any similar regulations on this topic and has conclud - ed that these regulations are neither inconsistent nor incompatible with existing state regulations.

DISCLOSURES REGARDING THIS PROPOSED ACTION FISCAL IMPACT ESTIMATES Fiscal Impact on Public Agencies Including Costs or Savings to State Agencies or Costs/Savings in Federal Funding to the State: The Board estimates up to 168 active psychological associates will opt to place their registration on inac - tive status per year. Additionally, the Board estimates of these 168 individuals, up to 84 (or 50 percent) will subsequently apply to reinstate to active status.

As a result, the proposed regulations are estimated to result in workload and costs ranging from approxi - mately $24,500 to $48,000 per year and up to $409,500 over a ten–year period. Any workload and costs are anticipated to be ab - sorbed within existing resources. The regulations do not result in costs or savings in federal funding to the state. The Board notes, individuals placed on inactive status will be required to renew and pay renewal fees consistent with active registrants. As a result, the reg - ulations do not impact the Board’s revenues. Nondiscretionary Costs/Savings to Local Agencies: None.

Cost to any Local Agency or School District for which Government Code Sections 17500–17630 Require Reimbursement: None. Mandate Imposed on Local Agencies or School Districts: None. Significant Effect on Housing Costs (and, if appli- cable, including any estimated costs of compliance or potential benefits of a building standard): None.

BUSINESS IMPACT ESTIMATES The Board has made the initial determination that the proposed regulatory action would have no sig - nificant statewide adverse economic impact directly affecting business, including the ability of California businesses to compete with businesses in other states. Cost Impact on Representative Private Person or Business The Board is not aware of any cost impacts that a representative private person or business would nec - essarily incur in reasonable compliance with the pro - posed action.

RESULTS OF ECONOMIC IMPACT ASSESSMENT/ANALYSIS Impact on Jobs/Businesses The Board has determined that this regulatory pro - posal will not have any impact on the creation or elim- ination of jobs, the creation of new businesses or the elimination of existing businesses, or the expansion of businesses in the State of California.

Benefits of Regulation: The Board has determined that this regulatory pro - posal will benefit the health and welfare of California residents, because it provides the mechanism for a reg- istered psychological associate to switch from active to inactive status when unable to perform psychological functions and not have the inactive time count against the six years registration limitation, and it will im - prove public protection by facilitating the public being able to determine whether a registered psychological associate is able to perform psychological functions This regulatory proposal will not impact worker safety or the state’s environment, as it does not involve worker safety or the state’s environment.

Business Reporting Requirements The regulatory action does not require businesses to file a report with the Board. Effect on Small Business The Board has determined that the proposed regula- tions will not affect small businesses. Although small businesses owned by licensees of the Board may be impacted, the Board does not maintain data relating to the number or percentage of licensees who own a small business; therefore, the number or percentage of small businesses that may be impacted cannot be predicted. CONSIDERATION OF ALTERNATIVES In accordance with Government Code

section 11346.5, subdivision (a) (13), the Board must deter - mine that no reasonable alternative it considered to the regulation or that has otherwise been identified and brought to its attention would be more effective in car- rying out the purpose for which the action is proposed; would be as effective and less burdensome to affected private persons than the proposal described in this No-

CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 14–Z 392 tice; or would be more cost–effective to affected pri - vate persons and equally effective in implementing the statutory policy or other provision of law. Any interested person may submit comments to the Board in writing relevant to the above determinations at 1625 North Market Boulevard, Suite N–215, Sacra- mento, CA 95834 during the written comment period, or at the hearing if one is scheduled or requested.

AVAILABILITY OF STATEMENT OF REASONS AND RULEMAKING FILE The Board has compiled a record for this regulatory action, which includes the Initial Statement of Reasons (ISOR), proposed regulatory text, and all the informa- tion on which this proposal is based. This material is contained in the rulemaking file and is available for public inspection upon request to the contact persons named in this notice.

TEXT OF PROPOSAL Copies of the exact language of the proposed regu - lations, and any document incorporated by reference, and of the initial statement of reasons, and all of the information upon which the proposal is based, may be obtained upon request from the Board of Psychology, at 1625 North Market Boulevard, Suite N–215, Sacra- mento, CA 95834.

AVAILABILITY OF CHANGED OR MODIFIED TEXT After considering all timely and relevant comments, the Board, upon its own motion or at the request of any interested party, may thereafter adopt the proposals substantially as described below or may modify such proposals if such modifications are sufficiently related to the original text.

With the exception of technical or grammatical changes, the full text of any modified proposal, with the modifications clearly indicated, will be available for review and written comment for 15 days prior to its adoption from the persons designat - ed in this Notice as the Contact Persons and will be mailed to those persons who submit written comments or oral testimony related to this proposal or who have requested notification of any changes to the proposal.

AVAILABILITY AND LOCATION OF THE FINAL STATEMENT OF REASONS AND RULEMAKING FILE All the information upon which the proposed reg - ulations are based is contained in the rulemaking file which is available for public inspection by contacting the person named below. You may obtain a copy of the Final Statement of Reasons once it has been prepared by making a writ - ten request to the Contact Person named below or by accessing the website listed below.

CONTACT PERSONS Inquiries or comments concerning the proposed rulemaking action may be addressed to: Name: Troy Polk Address: Board of Psychology 1625 North Market Boulevard, Suite N–215, Sacramento, CA 95834 Telephone Number: (916) 574–8154 Fax Number: (916) 574–8671 Email Address: troy.polk@dca.ca.gov The backup contact person is: Name: Cynthia Whitney Address: Board of Psychology 1625 North Market Boulevard, Suite N–215, Sacramento, CA 95834 Telephone Number: (916) 905–5408 Fax Number: (916) 574–8671 Email Address: cynthia.whitney@dca.ca.gov AVAILABILITY OF DOCUMENTS ON THE INTERNET Copies of the Notice of Proposed Action, the Initial Statement of Reasons, and the text of the regula - tions with modifications noted, as well as the Final Statement of Reasons when completed, and modi - fied text,if any, can be accessed through the Board’s website at https://www.psychology.ca.gov/laws_regs/ regulations.shtml.

CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 14–Z 393 TITLE 27. OF FICE OF ENVIRONMENTAL HEALTH HAZARD ASSESSMENT SAFE HARBOR WARNINGS FOR ACRYLAMIDE EXPOSURE FROM FOOD FOOD EXPOSURE WARNINGS — CONTENT NOTICE IS HEREBY GIVEN that the Office of Environmental Health Hazard Assessment (OEHHA) proposes amend

Article 6 of Title 27 of the California Code of Regulations,

section 25607.2. 1 This proposed rulemaking would amend subsection (

b) to provide an additional safe harbor warning option, for businesses that cause significant exposures to acrylamide in food products. 2 This would be in addition to the applicable safe harbor warnings that already apply to such ex - posures under existing law. The warning content and methods provided in the safe harbor regulations are deemed “clear and reasonable” by OEHHA for pur - poses of the Act. PUBLIC COMMENTS To be considered, OEHHA must receive com - ments by May 20, 2024 , the designated close of the written comment period.

All written comments will be posted on the OEHHA website at the close of the public comment period. OEHHA strongly recommends that the public sub - mit written information electronically, rather than in paper form. Comments may be submitted electron - ically through our website at https://oehha.ca.gov/ comments. In the alternative, comments can be mailed to the. address below. Monet Vela Office of Environmental Health Hazard Assessment 1001 I Street, 23 rd Floor P.O.

Box 4010 Sacramento, California 95812–4010 Telephone: 916–323–2517 OEHHA encourages all commenters to submit their comments in a format compliant with the accessibility 1 All further references are to sections of Title 27, Cal. Code of Regs., unless indicated otherwise. 2 A current rulemaking noticed on October 27, 2023, Office of Administrative Law file number 2023–1017–03, would also amend

section 25607.2. In that proposal, existing subsection (

b) would be renumbered to (c). If that rulemaking is finalized before this proposal, that non–substantive change will affect the num - bering of this proposal. requirements of the Americans with Disabilities Act, so that they can be read using screen reader technolo - gy and those with visual impairments are able to listen to them. OEHHA is subject to the California Public Records Act and other laws that require the release of certain information upon request. If you provide comments, please be aware that your name, address, and email may be available to third parties.

PUBLIC PROCEEDINGS A public hearing on these proposed regulatory amendments will only be scheduled upon request. To request a hearing, send an email to Monet Vela at monet.vela@oehha.ca.gov or to the address listed above by no later than May 6, 2024. If one is sched - uled, OEHHA will mail a notice of the hearing to the requester and interested parties on the Proposition 65 mailing list for regulatory public hearings. The notice will also be posted on the OEHHA website at least ten days before the public hearing date. The notice will provide the date, time, and instructions for participat - ing in the hearing.

CONTACT Please direct inquiries concerning the proposed reg- ulatory action described in this notice to Monet Vela] at (916) 323–2517, or by email to monet.vela@oehha. ca.gov. Corey Friedman is a back–up contact person for inquiries concerning processing of this action and is available at (916) 323–2635 or corey.friedman@ oehha.ca.gov. AUTHORITY Health and Safety Code

section 25249.12. REFERENCE Health and Safety Code sections 25249.6 and 25249.11. INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW BACKGROUND AND

SUMMARY OF EXISTING LAWS OEHHA is the lead agency that implements Prop - osition 65 and has the authority to promulgate and amend regulations to further the purposes of the Act. 3 The Act requires businesses to provide a clear and rea- 3 Health and Safety Code

section 25249.5 et seq., The Safe Drinking Water and Toxic Enforcement Act of 1986, commonly known as “Proposition 65,” hereafter referred to as “Proposition 65” or “the Act.”

CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 14–Z 394 sonable warning before they cause an exposure to a chemical listed as known to the state to cause cancer or reproductive toxicity. 4 The Act also prohibits the discharge of listed chemicals to sources of drinking water. 5 The proposed amendment would adopt new safe harbor warning content for exposure to acryl - amide from food.

Under Proposition 65, when a product exposes a consumer to a cancer–causing chemical, a business must first provide a “clear and reasonable” warning (Health & Safety Code §25249.6), unless the level of exposure does not pose significant risk. To reduce the burden on businesses, they may rely upon the safe har- bor warnings promulgated by OEHHA, which are pre- sumptively clear and reasonable. (27 CCR § 2 5601.) The safe harbor warnings are not required by law, and businesses may develop their own “clear and reason - able” warnings.

However, many businesses use the safe harbor warnings to avoid the risk of litigation over whether a given warning is “clear and reasonable.” Existing safe harbor warnings applicable to such exposures would still be available for businesses. These warnings may be found in the existing

section 25607.2(a) [general warning for food exposures] and 25607.2(b) [warning for food exposures to acrylamide]. AMENDMENTS The text of the proposed amendment is included with this Notice. In that document, any additions to the text are indicated in underline and any deletions in cross–out . Amendment to 25607.2(b): The first sentence of subsection (

b) is amended to indicate that companies availing themselves of the acrylamide–specific safe harbor warning may comply with either subpart (1) or the newly proposed (2). Subsection (b) (1) in this pro - posal contains the existing safe harbor language, and subsection (b) (2) provides the new proposed warning options added by this rulemaking. A current rulemaking noticed on October 27, 2023, Office of Administrative Law file no. 2023–1017–03, would also amend

section 25607.2. In that proposal, existing subsection (

b) would be renumbered to (c). If that rulemaking is finalized before this proposal, that non–substantive change will affect the numbering of this proposal. Amendment to 25607.2(b) (1): The existing acryl - amide–specific safe harbor language is amended to allow the signal words “CA Warning and “Warning” in addition to “California Warning.” This subsection has also been amended to make the existing warning part of a single subsection, for ease of comparison with the new warning option in proposed subsection (b) (2). Non–substantive amendments to allow the ex - 4 Health and Safety Code

section 25249.6. 5 Health and Safety Code

section 25249.5. isting safe harbor warning for acrylamide in food to be described in (b) (1) and the proposed warning in (b) (2). New subsection 25607.2(b) (2): This is the pro - posed addition, which creates a new, additional safe harbor warning for acrylamide in foods. The proposal would add the following text:

(2) T he words “ WA R NING:” or “CA WA R NING” or “CALIFORNIA W ARNING:” in all capital letters and bold print, followed by the language in subsections (

A) and (B). Optional language in subsection (

C) may be added. “United States” may be abbreviated as “US” and the words “En - vironmental Protection Agency” as “EPA”. (

A) T he words, “Consuming this product can expose you to acrylamide,” or the words “Consuming this product can expose you to acrylamide, a chemical formed in some foods during cooking or processing at high temperatures.” (

B) A t least one of the following sentences: (i) “ The International Agency for Re - search on Cancer has found that acryl - amide is probably carcinogenic to humans.” (ii) “ The United States Environmental Pro - tection Agency has found that acryl - amide is likely to be carcinogenic to humans.” (iii) “ The United States National Toxicolo - gy Program has found that acrylamide is reasonably anticipated to cause can - cer in humans.” (

C) T he content in (

A) and (

B) may be followed by one or more of the following sentences: (i) “ Acrylamide has been found to cause cancer in laboratory animals.” (ii) “ Many factors affect your cancer risk, including the frequency and amount of the chemical consumed.” (iii) “ For more information including ways to reduce your exposure, see www. P65Warnings.ca.gov/acrylamide.” OBJECTIVES AND SPECIFIC BENEFITS OF THE PROPOSED REGULATIONS A district court issued a preliminary injunction against enforcement of the Proposition 65 warning for acrylamide in food in CA Chamber of Commerce v. Bec- erra (E.Dist.Cal. 2021) 529 F.Supp.3d 1099.

The prelim- inary injunction, which addressed warning language materially different than both existing, acrylamide– specific safe harbor warning regulations and the amendments proposed in this rulemaking, was upheld

CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 14–Z 395 by the Ninth Circuit in CA Chamber of Commerce v. Council for Education and Research on Toxics (9th Cir. 2022) 29 F.4th 468. OEHHA drafted the existing tailored warning regulation accordingly. That regula - tion, which added subsection (

b) to

section 25607.2, became effective on January 1, 2023. The case is con- tinuing, and the question of the constitutionality of the current acrylamide warning content has not yet been resolved. On November 7, 2023, the Ninth Circuit provid - ed additional guidance regarding Proposition 65 and compelled commercial speech under the First Amend- ment in National Association of Wheat Growers v. Becerra (9th Cir. 2023) 85 F.4th 1263.

Although OEH- HA believes that the existing safe harbor warning for acrylamide in food complies with the First Amend - ment, OEHHA has determined that providing addi - tional options for safe harbor warnings will further the right–to–know provisions of the Act while en - suring that the warning remains “(1) purely factual, (2) noncontroversial, and (3) not unjustified or unduly burdensome.” 6 The proposal also provides businesses with increased flexibility. NO INCONSISTENCY OR INCOMPATIBILITY WITH EXISTING R EGULATIONS OEHHA has conducted an evaluation and has deter- mined that

Article 6 is the only regulation concerning Proposition 65 safe harbor warnings. Therefore, the proposed regulatory action is neither inconsistent nor incompatible with any other existing state regulations. The action does not change the existing mandatory requirements on businesses subject to Proposition 65, state or local agencies and does not address compli - ance with any other law or regulation.

LOCAL MANDATE/FISCAL IMPACT Because Proposition 65 by its terms does not apply to local agencies or school districts, OEHHA has de - termined the proposed regulatory action would not impose a mandate on local agencies or school districts; nor does it require reimbursement by the State pursu - ant to

Part 7 (commencing with

Section 17500) of Di- vision 4 of the Government Code. 7 OEHHA has also determined that no nondiscretionary costs or savings to local agencies or school districts will result from the proposed regulatory action, nor will there be any costs or savings to the state or in federal funding to the state because of the proposed regulatory action. 6 American Beverage Assoc. v. City and County of San Fran - cisco (9th Cir. 2023) 916 F.3d 749, 756. 7 See Health and Safety Code

section 25249.11(b). NO INCORPORATION BY REFERENCE No forms or other documents are incorporated by reference. EFFECT ON HOUSING COSTS OEHHA has initially determined that the proposed regulatory action will have no effect on housing costs because it does not impose any new mandatory re - quirements on any business. SIGNIFICANT STATEWIDE ADVERSE ECONOMIC IMPACT DIRECTLY AFFECTING BUSINESS, INCLUDING ABILITY TO COMPETE No business will be required to change its warnings, or add new warnings, due to the safe harbor warning proposal.

Businesses are not legally required to use the proposed safe harbor warning content and may use other “clear and reasonable” warnings on consum- er products. These include the existing safe harbor warnings applicable to acrylamide in food. Under this proposal, businesses can retain use of those warnings while keeping the safe harbor protection. This propos- al only creates another safe harbor option; it does not mandate that businesses use that option.

OEHHA has therefore made an initial determina - tion that the adoption of this action will not have a significant statewide adverse economic impact direct- ly affecting businesses, including the ability of Cali - fornia businesses to compete with businesses in other states. RESULTS OF ECONOMIC IMPACT ANALYSIS (Gov. Code

section 11346.3(b)) Creation or Elimination of Jobs within the State of California The proposed regulatory action will not impact the creation or elimination of jobs within the State of Cal- ifornia. The proposed regulation will help businesses comply with the requirements of Proposition 65 by providing an additional, nonmandatory safe harbor warning for acrylamide in food. As stated above, busi- nesses are not required to take any action based on this rulemaking.

Creation of New Businesses or Elimination of Existing Businesses within the State of California The proposed regulatory action will not impact the creation of new businesses or the elimination of exist- ing businesses within California. The proposed regu- lation will help businesses comply with the require - ments of Proposition 65 by providing an additional,

CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 14–Z 396 nonmandatory safe harbor warning for acrylamide in food. As stated above, businesses are not required to take any action based on this rulemaking. The Expansion of Businesses Currently Doing Business within the State OEHHA does not anticipate any major impact on the expansion of businesses currently doing business within the state. The proposed regulation will help businesses comply with the requirements of Propo - sition 65 by providing an additional, nonmandatory safe harbor warning for acrylamide in food.

As stated above, businesses are not required to take any action based on this rulemaking. Benefits of the Proposed Regulation Making it more straight–forward for businesses to comply with the “clear and reasonable” warning re - quirement of the Act promotes compliance. Greater compliance furthers the right–to–know purposes of the statute and therefore promotes public health and safety. Cost Impacts on Representative Person or Business OEHHA is not aware of any cost impacts that a rep- resentative private person or business would necessar- ily incur in reasonable compliance with the proposed regulatory action.

The action does not impose any new mandatory requirements upon private persons or businesses. Effect on Small Business The proposed regulatory action will not adversely impact small businesses. As stated above, small busi - nesses will not be required to take any action as a re - sult of this rulemaking. Additionally, Proposition 65 is limited by its terms to businesses with 10 or more employees. 8 REASONABLE ALTERNATIVES TO THE REGULATION AND THE AGENCY’S REASONS FOR REJECTING THOSE ALTERNATIVES Pursuant to Government Code

section 11346.5(a) (13), OEHHA must determine that no reasonable alter - native considered by OEHHA, or that has other - wise been identified and brought to the attention of OEHHA, would be more effective in carrying out the purpose for which Proposition 65 is proposed, 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. The following alternatives were considered: 8 Health and Safety Code

section 25249.11(b). Alternative 1: OEHHA considered drafting a new safe harbor warning tailored to acrylamide in food which would replace the existing warning. This was rejected because businesses which prefer to continue using the existing safe harbor language are still pro - viding adequate information to consumers and should therefore be allowed to continue. This alternative would be no more effective at carrying out the agen - cy’s purpose, and no more cost–effective, than the cur- rent proposal. This alternative would be more burden- some on businesses than the current proposal.

Alternative 2: OEHHA also considered whether the new safe harbor warning should simply state the full text, without providing a variety of options for businesses to select. OEHHA rejected this alternative because it determined that it was appropriate to give businesses the flexibility of multiple options, so they can select the safe harbor language that best suits their needs. This alternative would be no more effective at carrying out the agency’s purpose, and no more cost– effective, than the current proposal. This alternative would be more burdensome on businesses than the current proposal.

AVAILABILITY OF STATEMENT OF REASONS AND TEXT OF PROPOSED REGULATIONS OEHHA has prepared and has available for public review an Initial Statement of Reasons for the pro - posed regulation, the information upon which the regulation is based, and the text of the proposed reg - ulation. These documents are available on OEHHA ’s website at www.oehha.ca.gov/Proposition–65.

AVAILABILITY OF CHANGED OR MODIFIED TEXT The full text of any proposed regulation that is changed or modified from the express terms of this proposed action will be made available at least 15 days prior to the date on which OEHHA adopts the resulting regulation. Notice of the comment period on the revised proposed regulation and the full text will be mailed to individuals who testified or submit - ted oral or written comments at the public hearing, whose comments were received by OEHHA during the public comment period, and anyone who requests notification from OEHHA of the availability of such change.

Copies of the notice and the changed regula- tion will also be available on the OEHHA Website at www.oehha.ca.gov/Proposition–65.

CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 14–Z 397 AVAILABILITY OF THE FINAL STATEMENT OF REASONS A copy of the Final Statement of Reasons may be obtained, when it becomes available, from Mon - et Vela at the email or telephone number indicated above. The Final Statement of Reasons will also be available on OEHHA ’s website at www.oehha.ca.gov/ Proposition–65.

GENERAL PUBLIC INTEREST DEPARTMENT OF TOXIC SUBSTANCES CONTROL NOTICE OF PROPOSED SETTLEMENT This NOTICE OF PROPOSED SETTLEMENT is published on April 5, 2024, for approximately 86 acres (“Property”) of the 157 acre property located at 20400 Main Street, Carson, Los Angeles County, California (the “Site”).

The Department of Toxic Substances Control (“DTSC”) has authority to enter into agreements whereby DTSC covenants not to sue or assert claims for environmental remediation against prospective own - ers and certain long term lessees of environmentally– impacted properties, if such agreements are sufficient- ly in the public interest. Notice is hereby given that DTSC proposes to en - ter into an Agreement and Covenant Not to Sue, also known as a Prospective Purchaser Agreement (“PPA”), associated with the Site.

The PPA would resolve cer - tain potential claims of DTSC against the potential prospective owner of the Site upon its acquisition of the Site and resulting change in status to owner. The potential prospective owner is Carson Goose Owner, LLC (“Carson Goose”). Carson Goose intends to use approximately 86 acres of the 157–acre surface lot of the Site (Parcel 2 in Parcel Map Number 70372, per map filed in Book 377 Pages 76–89, inclusive, of maps in the Office of the County Recorder for Los Angeles County) for commercial/industrial uses including warehousing and an 11.12–acre community amenity and retail area.

Carson Goose agrees to cooperate fully with DTSC in its oversight of the investigation and cleanup, and agrees to comply with the remedial design and land use controls, and to provide ongoing access to DTSC for the oversight of O&M activities at the Property. The Prospective Purchaser Agreement is in the pub- lic interest because: 1. The Property will be investigated and cleaned up to make it safe for its intended commercial/indus- trial use. 2.

The development plan includes an 11.12–acre community amenity and retail area with plans to include public amenities such as a performance stage, pavilion, event lawn, dog park, and retail and restaurant space. 3.

Carson Goose will be paying part of the Carson Reclamation Authority’s insurance costs, pro - viding on–site public art features, funding pri - vate security services to serve the development, providing any and all supplemental or overtime funding for sheriff’s services and, in coordination with local stakeholders, providing several other financial or physical benefits to the City, its citi - zens and surrounding areas. 4.

Carson Goose is required under its Development Agreement with the City of Carson to make rea - sonable efforts to cause all solicitations for full– or part–time, new or replacement employment relating to the construction, operation and main - tenance of the project to be developed by Carson Goose to be advertised in such a manner as to target local City of Carson residents and to make other reasonable efforts at local employment outreach. a. Over 3,000 construction jobs and more than 2,000 permanent jobs are estimated to be created from this development. 5.

Approximately $1,000,000 in direct new sales tax revenue for the City of Carson and approximate - ly $3,000,000 million in additional indirect tax revenue. Comments on this proposed settlement must be sub- mitted on or before 12:00 a.m. (midnight), May 20, 2024. To ensure timely receipt by DTSC and Carson Goose, you are requested to transmit your comments via email to: Department of Toxic Substances Control Attention: Sarah Larese Regional Brownfield Coordinator 5796 Corporate Avenue Cypress, California 90630 Sarah.Larese@dtsc.ca.gov And, Mr.

Chris Trueblood Carson Goose Owner, LLC 659 North Robertson Boulevard West Hollywood, California 90069 chris@faring.com

CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 14–Z 398 If you have any questions regarding the Prospective Purchaser Agreement, or wish to obtain a copy, please call the DTSC contact identified above. FISH AND GAME COMMISSION NOTICE OF RECEIPT OF PETITION NOTICE IS HEREBY GIVEN pursuant to the pro - visions of California Fish and Game Code

Section 2073.3, that on March 5, 2024 the California Fish and Game Commission (Commission) received a petition from the Center for Biological Diversity, Defenders of Wildlife, Burrowing Owl Preservation Society, Santa Clara Valley Audubon Society, Urban Bird Founda- tion, Central Valley Bird Club, and San Bernardino Valley Audubon Society, to list western burrowing owl (Athene cunicularia hypugaea) as a threatened or endangered species under the California Endangered Species Act.

The western burrowing owl is a small bird of prey that lives in open, arid, relatively flat to rolling terrain covered by low stature vegetation, such as grasslands, prairies, shrub steppes, and desert shrubs. Vegetation cover and height are significant habitat factors due to the ground–dwelling nature and small size of the burrowing owl. Vegetation cover that prevents the owl from observing approaching predators places the bur - rowing owl at a severe disadvantage.

The owl nests and roosts in underground burrows that are typically excavated by other fossorial animals such as ground squirrels, coyotes, foxes and tortoises. On March 18, 2024, pursuant to

Section 2073 of California Fish and Game Code, the Commission transmitted the petition to the California Department of Fish and Wildlife (Department) for review pursu- ant to

Section 2073.5. The Commission will publicly receive the petition at its April 17–18, 2024 meeting. Unless an extension is requested, the Department’s evaluation and recommendation relating to the peti - tion is expected to be received by the Commission at its June 19–20, 2024 meeting. For information about the petition or to submit in - formation to the Department relating to the petitioned species, interested parties may contact the Anne Hil - born, Endangered Species Listing Coordinator, Cal - ifornia Department of Fish and Wildlife, P.O.

Box 944209, Sacramento, California 94244–2090, or by email at wildlifemgt@wildlife.ca.gov. PETITION DECISION HIGHWAY PATROL February 29, 2024 File Number: 1.15584.21449.062 2024 02034 Mr. Mark Baker, President Soft Lights Foundation 9450 SW Gemini Drive PMB 44671 Beaverton, OR 97008 Dear Mr. Baker, This letter is in response to your January 30, 2024, Petition for Rulemaking to Regulate Sirens and Flash- ing Lights on Ambulances (Petition), submitted pur - suant to

Section 11340.6 of the California Government Code (GC), which requests the California Highway Pa- trol (Department) promulgate regulations to prohibit the use of flashing lights and limit the performance of sirens used on ambulances by adopting proposed Cal- ifornia Code of Regulations (CCR), Title 13,

Section 1110. Attachment A is a copy of the full Petition. The commissioner’s authority to promulgate regulations as determined necessary for the public health and safe - ty regarding the operation, equipment, and certifica - tion of drivers of all ambulances used for emergency services is per

Section 2512 of the California Vehicle Code (CVC). Specifically, the Soft Lights Foundation is requesting the Department “ to prohibit or restrict the use of high intensity flashing lights and loud sirens to ensure first responder, patient, and public comfort, health, safety, and civil rights.” Per the Petition: Soft Lights Foundation “request[s] that the Califor- nia Highway Patrol adopt and publish the following regulations to protect the comfort, health, safety, and civil rights of patients, first responders, and the public: CCR, Title 13, Division 2,

Chapter 5,

Article 1,

Section 1110 — Lights and Sirens 1110(a): S irens

(1) T he use of ambulance sirens shall be limited to a maximum of 80 decibels.

(2) S irens shall be directed towards the front of the vehicle, restricting sound to the sides and rear of the vehicle. Omni–directional sirens are prohibited.

(3) S iren use shall be limited to a specific need during travel; continuous operation during travel or while stationary is prohibited. 1110(b): E mergency Lights

(1) A mbulance warning lights shall be static. Flashing lights are prohibited.

CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 14–Z 399

(2) Lights that trigger seizures, migraines, pan- ic attacks or other adverse neurological im- pacts, which impair vision or cognitive func- tioning, or which create a discriminatory barrier, are prohibited.” The Department appreciates the sentiment of the petition; however, after thorough review and careful consideration, the Department is denying the request because the Department believes that existing regula - tions pertaining to safety equipment and the safe op - eration of ambulances by emergency medical service providers are necessary for the protection of public health and safety. The proposed regulations also lack sufficient clarity as required by CCR, Title 1,

Section 16, and are inconsistent with the legislative intent of

Section 11340 GC and

Section 2512 CVC. The opera- tion of an ambulance responding to an emergency call, or otherwise operating during an emergency, is an in - herently dangerous endeavor, sometimes requiring an operator to drive in a manner which may conflict with traffic laws. Consequently, it is imperative to the safe- ty of the public, as well as the occupants in the ambu - lance, that an ambulance operating in this manner be highly visible to other drivers and pedestrians.

Section 21055 CVC exempts authorized emergency vehicles, including ambulances, from following specified traffic laws when responding during emergencies, provided the “driver of the vehicle sounds a siren as may be rea- sonably necessary and the vehicle displays a lighted red lamp visible from the front as a warning to other drivers and pedestrians.” Additionally, the California Legislature authorizes the use of additional flashing and colored lights on authorized emergency vehicles, including ambulances, expressly for the purpose of making those vehicles more easily recognized and highly visible during emergency operations.

Notwithstanding the need for an ambulance to be highly visible, the Department believes that the use of lights and sirens on ambulances should not be indis - criminate. This sentiment is reflected in existing reg - ulations, previously promulgated under CCR, Title 13,

Section 1105, which place restrictions on the use of lights and sirens on ambulances. An ambulance driver is prohibited from using a siren and red warning light when traffic is congested to the point that “increased ambulance speed and right–of–way cannot be gained thereby.” (See Cal. Code of Regs., Title 13,

Section 1105.) Additionally, the use of sirens and red warning lights are limited only to those instances when “re - sponding to an emergency call or when engaged in emergency services…and when speed in transporting the patient to an emergency medical care facility ap - pears essential to prevent loss of life, undue suffering, or to reduce or prevent disability.” (See Cal. Code of Regs., Title 13,

Section 1105.) The Department is committed to providing the highest level of Safety, Service, and Security, and has sought to achieve a balance between the essential duty of first responders to preserve life and the need to pro- tect the public. Pursuant to these considerations, the Department has adopted regulations, as authorized by

Section 2512 CVC, to promote public health and safe- ty while enabling emergency medical responders to fulfill their duty to the people of California. The legislature provides in

Section 2512 CVC, “[i]t is the intent of the Legislature that regulations adopted by the commissioner pursuant to this

section shall be the minimum necessary to protect public health and safety, and shall not be so restrictive as to preclude compliance by ambulances operated in sparsely pop - ulated areas.” Consistent with the legislature’s intent, the Department is also mindful about taking action that may have an effect of limiting the availability of compliant emergency medical service providers who are essential to providing necessary life–saving mea - sures for members of the public.

The proposed regulations lack clarity because the regulations use terms which do not have meanings generally familiar to those who are legally required to comply with the regulations and those terms are nei - ther in the regulations nor in the governing statute and would not be readily understandable by the licensed ambulance industry who would be directly affected by the regulations proposed in the petition.

The com - plexity and lack of clarity could place privately oper - ated ambulance companies at a distinct disadvantage since it would require the expenditure of resources to hire technical experts to advise on subjective terms in the proposed regulations. Placing small businesses at a distinct disadvantage through the imposition of unclear or unnecessarily complex regulations is in - consistent with the intent of

Section 11340 GC et. seq. Additionally, ambiguities in the proposed regulations would be subject to broad

interpretation by industry consultants and would likely cause inconsistencies in industry light and siren practices. Inconsistent ambu - lance industry practices, which do not meet or achieve minimum light and siren standards, pose a public health and safety concern if the motoring public may be unable to recognize and respond appropriately to ambulances operating in an emergency. I appreciate the opportunity to assist you with this matter. The Department will make a copy of your pe - tition available to any interested party. Please contact our Commercial Vehicle

Section with any questions

CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 14–Z 400 regarding this letter, and any request to obtain a copy of the petition, at (916) 843–3400. Sincerely, /s/ K. M. DA VIS, Chief Enforcement and Planning Division Enclosures cc: Office of Administrative Law

SUMMARY OF REGULATORY ACTIONS REGULATIONS FILED WITH THE SECRETARY OF STATE This

Summary of Regulatory Actions lists regula - tions filed with the Secretary of State on the dates in - dicated. Copies of the regulations may be obtained by contacting the agency or from the Secretary of State, Archives, 1020 O Street, Sacramento, CA 95814, (916) 653−7715. Please have the agency name and the date filed (see below) when making a request. California Pollution Control Financing Authority File # 2024–0213–01 California Capital Access Collateral Support Program This certificate of compliance from the California Pollution Control Financing Authority (“CPCFA”) amends regulations for the administration of the Capital Access Loan Program’s (“CalCAP”) Collateral Support Program,

Article 7 (commencing with

Section 44558) of

Chapter 1 of Division 27 of the Health and Safety Code (“HSC”). Title 04 Amend: 8078.29, 8078.31, 8078.32, 8078.33 Filed 03/25/2024 Effective 03/25/2024 Agency Contact: Kamika McGill (916) 653–0289 California Student Aid Commission File # 2024–0311–01 Middle Class Scholarship (MCS) Program In this deemed emergency rulemaking pursu - ant to Education Code

section 70023(

c) and (g), the California Student Aid Commission is adopting regu - lations implementing, interpreting, and making specif- ic the Middle Class Scholarship Program (Education Code

section 70020 et seq.). Title 05 Adopt: 30800, 30801, 30802, 30803 Filed 03/21/2024 Effective 03/21/2024 Agency Contact: Synequeen Alasa–as (916) 464–6411 Department of Health Care Access and Information File # 2024–0311–02 Distressed Hospital Financial Monitoring This emergency action amends the Department’s Accounting and Reporting Manual for California Hospitals to add quarterly balance sheet data and ad - ditional data to monitor hospital financial distress.

Title 22 Amend: 97018 Filed 03/21/2024 Effective 03/21/2024 Agency Contact: Ty Christensen (916) 326–3856 Department of Public Health File # 2024–0315–01 Newborn Screening Program Fee Increase This request for filing with the Secretary of State and printing in the California Code of Regulations a regulation raising the Newborn Screening Program all–inclusive program participation fee from $210 to $225 is granted. This action is a statutorily deemed emergency and exempt from Office of Administrative Law review pursuant to Health and Safety Code sec - tion 124977(d).

Title 17 Amend: 6508 Filed 03/25/2024 Effective 03/25/2024 Agency Contact: Jasmine Fullwood (279) 217–0681 California Catastrophe Response Council File # 2024–0313–01 Conflict–of–Interest Code This is a Conflict–of–Interest code that has been ap- proved by the Fair Political Commission and is being submitted for filing with the Secretary of State and printing only.

CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 14–Z 401 Title 02 Filed 03/21/2024 Effective 04/20/2024 Agency Contact: Shannon McEuen (916) 661–5430 Division of Workers’ Compensation File # 2024–0212–01 Medical Treatment Utilization

Schedule (MTUS) This file and print action amends the Medical Treatment Utilization

Schedule (MTUS) by adopt - ing the most recent Opioids Guidelines from the American College of Occupational and Environmental Medicine (ACOEM). This action is exempt from the Administrative Procedure Act pursuant to Labor Code 5307.27(a). Title 08 Amend: 9792.24.4 Filed 03/26/2024 Effective 03/27/2024 Agency Contact: Nicole L.

Richardson (510) 286–0656 California Alternative Energy and Advanced Transportation Financing Authority File # 2024–0215–01 GoGreen Home Program This action without regulatory effect corrects cross references to subdivisions of the agency’s regulations which were re–lettered by amendments to those reg - ulations, either adding or removing subdivisions pri - or to the cross–referenced subdivisions, which oc - curred in the regulatory text of OAL matter number 2023–1212–02S.

Title 04 Amend: 10091.2, 10091.5, 10091.10, 10091.16 Filed 03/21/2024 Agency Contact: Kelly Delaney (916) 651–5581 California Architects Board File # 2024–0315–02 Fees This action without regulatory effect raises vari - ous landscape architect license fees to conform them to amounts specified for these fees in Business and Professions Code

section 5681 as amended by Senate Bill 816,

Chapter 723, Statutes of 2023. Title 16 Amend: 2649 Filed 03/25/2024 Agency Contact: Kourtney Fontes (916) 575–7233 Acupuncture Board File # 2024–0214–02 Amend and Repeal Curriculum and Educational and Training Regulation This action for changes without regulatory effect by the Acupuncture Board (“Board”) updates terminol - ogy in existing regulations to be consistent with ter - minology as it is currently used and reflected in stat - ute; revises cross–references; and changes a reference citation.

Title 16 Amend: 1399.415, 1399.438 Filed 03/27/2024 Agency Contact: Kristine Brothers (916) 471–0735 Civil Rights Department File # 2024–0206–03 Procedures of Community Conflict Resolution In this regular rulemaking, the Civil Rights Department is adopting regulations regarding pro - viding assistance to communities and persons therein in resolving disputes, disagreements, or difficulties relating to discriminatory practices as specified in Government Code

section 12931. Title 02 Adopt: 10300, 10301, 10302, 10303 Filed 03/20/2024 Effective 03/20/2024 Agency Contact: Rachael Langston (916) 809–4371 Department of Justice File # 2024–0212–02 Charitable Fundraising Platforms and Platform Charities Assembly Bill 488 (Stats. 2021, c. 616) establishes that charitable fundraising platforms and platform charities are trustees for charitable purposes subject to the Attorney General’s supervision. In this rulemak - ing action, the Department implements the bill.

The regulations define various terms, set forth registration and filing requirements, adopt new forms, provide procedures for the fundraising solicitation and the disbursement of donations received, and requires cer - tain information to be disclosed. The regulations also revise existing regulations and forms related to com - mercial fundraisers.

CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 14–Z 402 Title 11 Adopt: 314, 315, 316, 317, 318, 319, 320, 321, 322, 323 Amend: 300, 300.1, 300.2, 301, 302, 303, 304, 305, 311 [renumbered as 306], 306 [renumbered as 307], 312.1 [renumbered as 308], 310 [renumbered as 309], 312 [renumbered as 310], 313 [renum- bered as 311], 308 [renumbered as 313], 328.1,314 [renumbered as 337], 315 [renumbered as 338], 316 [renumbered as 344], 999.9.4 [renumbered as 312], 999.1 [renumbered as 328], 999.2 [renumbered as 329], 999.3 [renumbered as 330], 999.4 [renum- bered as 331], 999.6 [renumbered as 336], 999.9 [renumbered as 339], 999.9.2 [renumbered as 340], 999.9.1 [renumbered as 341], 999.7 [renumbered as 342], 999.8 [renumbered as 343], 999.9.3 [renum- bered as 345], and 999.9.5 [renumbered as 346].

Filed 03/26/2024 Effective 03/26/2024 Agency Contact: Marlon Martinez (213) 269–6437 Board of Pharmacy File # 2024–0208–02 Temporary Licenses for Military Spouses In this rulemaking action, the Board of Pharmacy is promulgating regulations which allow for mili - tary spouses to apply for a temporary license under Business and Professions Code

section 115.6 under certain, specified conditions. Title 16 Adopt: 1706.6 Filed 03/21/2024 Effective 03/21/2024 Agency Contact: Lori Martinez (916) 518–3078 Board of Pharmacy File # 2024–0213–02 Notice to Consumers In this rulemaking action, the Board of Pharmacy updates the language of its required notice posters so that consumers are more likely to read and understand the poster.

Title 16 Amend: 1707.6 Filed 03/27/2024 Effective 07/01/2024 Agency Contact: Lori Martinez (916) 518–3078 Bureau of Automotive Repair File # 2024–0314–02 Vehicle Safety Systems Inspection Program Assembly Bill 471 (Stats. 2021, c. 372) (“AB 471”) requires the Bureau of Automotive Repair (“Bureau”) to adopt regulations establishing: inspection criteria and standards for specific vehicle safety systems and components to promote the safe and uniform instal - lation, maintenance, and servicing of vehicle safety systems and components; the application process and fee(

s) for the issuance of licenses to stations and tech- nicians to conduct inspections of, and repairs to, these safety systems and components; and the certification process and fee(

s) for vehicles subject to these inspec- tions and repairs. AB 471 also specifies that vehicle safety systems inspection (“VSSI”) station and tech - nician licenses replace licenses issued pursuant to the existing statutory and regulatory provisions governing the licensure of lamp and brake adjusting stations and adjusters, and repeals those existing provisions upon the effective date of the new regulations. Accordingly, this rulemaking action by the Bureau adopts 11 regulations and makes amendments to 12 existing regulations to implement the above– referenced requirements of AB 471. The 11 regula - tions being adopted add

Article 2.5 (commencing with

Section 3311.1), titled “Vehicle Safety Systems Inspection Program,” to

Chapter 1, Division 33, Title 16 of the California Code of Regulations (“Article 2.5”), and incorporate by reference forms and a man - ual associated with the new inspection program. Amendments to the 12 existing regulations include defining “vehicle safety systems,” changing licensure terminology, revising processing time for licensure applications, and inserting “sunset” provisions in reg - ulations governing the licensure of lamp and brake adjusting stations and adjusters, which are located in Articles 2 (commencing with

Section 3305), 3 (com - mencing with

Section 3315), 4 (commencing with

Section 3320), of

Chapter 1, Division 33, Title 16 of the California Code of Regulations (“Articles 2, 3, and 4”).

Title 16 Adopt: 3311.1, 3311.2, 3311.3, 3312.1, 3312.1.1, 3312.2, 3313.1, 3313.2, 3314.1, 3314.1.1, 3314.2 Amend: 3303, 3303.2, 3305, 3306, 3307, 3308, 3309, 3310, 3315, 3316, 3320, 3321 Filed 03/27/2024 Effective 03/27/2024 Agency Contact: Kayla Shelton (916) 403–0307 California Horse Racing Board File # 2024–0207–01 Postmortem Examination In this resubmitted rulemaking action, the Board amends its regulations to require postmortem exam - ination to determine the injury or sickness which re - sulted in euthanasia or natural death of a horse when the horse dies or is euthanized within 72 hours of leav- ing a facility under the jurisdiction of the Board.

The

CALIFORNIA REGULATORY NOTICE REGISTER 2024, VOLUME NUMBER 14–Z 403 amendments also include new procedures associated with this new requirement. Title 04 Amend: 1846.5, 1846.6 Filed 03/21/2024 Effective 07/01/2024 Agency Contact: Yannet G De Garcia (916) 263–6023 PRIOR REGULATORY DECISIONS AND CCR CHANGES FILED WITH THE SECRETARY OF STATE A quarterly index of regulatory decisions by the Office of Administrative Law (OAL) is provided in the California Regulatory Notice Register in the vol - ume published by the second Friday in January, April, July, and October following the end of the preceding quarter.

For additional information on actions taken by OAL, please visit oal.ca.gov. 2024 RULEMAKING CALENDAR — INCORPORATED BY REFERENCE 2024 RULEMAKING CALENDAR SPECIAL NOTE In an effort to conserve resources, the 2024 Rulemaking Calendar is being incorporated by ref - erence into this edition of the California Regulatory Notice Register (CRNR). The 2024 Rulemaking Calendar is accessible through the following means: 1. Electronic copies are available from the Office of Administrative Law upon request by emailing staff@oal.ca.gov. 2. Your nearest depository library.

Go to http://www. library.ca.gov/government–publications/state– document–depository–program/depositories/ for a list of California depository libraries. 3. Subscribers of the Notice Register may request a hard copy of the Rulemaking Calendar with their subscription at no extra charge. Please contact Thomson Reuters at (800) 328−4880.

Document details

Collection	California Z Register
Citation	Cal. Reg. Notice Reg. 2024, No. 14
Type	gazette
Language	en
Format	pdf
Source	CA_ZREG
Identifier	ee4ac0bd3a6c632907f2710fd95f6f1af86b08fc

Source file is stored in the law ingest library (pdf).