California Register, 2015, Number 04. January 23, 2015

• Library: California Register
• Published date: 23 January 2015
• Year: 2015

JANUARY 23, 2015REGISTER 2015, NO. 4–ZPUBLISHED WEEKLY BY THE OFFICE OF ADMINISTRATIVE LAW

OFFICE OF ADMINISTRATIVE LAW

EDMUND G. BROWN, JR., GOVERNOR

(Continued on next page)

Time-

Dated

Material

PROPOSED ACTION ON REGULATIONS

TITLE 3. DEPARTMENT OF FOOD AND AGRICULTURE

Asian Citrus Psyllid Interior Quarantine — Notice File No. Z2015–0106–03137. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

TITLE 3. DEPARTMENT OF FOOD AND AGRICULTURE

Caribbean Fruit Fly Eradication Area — Notice File No. Z2015–0106–02140. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

TITLE 4. CALIFORNIA HORSE RACING BOARD

Jockey’s Riding Fee — Notice File No. Z2015–0108–01142. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

TITLE 10. DEPARTMENT OF INSURANCE

Independent Medical Review Fee Assessment — Notice File No. Z2015–0113–11145. . . . . . . . . . . . . . . . . . . . . . . . . .

TITLE 14. DEPARTMENT OF FISH AND WILDLIFE

Dreissenid Mussels — Notice File No. Z2015–0113–07148. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

TITLE 14. FISH AND GAME COMMISSION

Klamath River Sport Fishing — Notice File No. Z2015–0113–08151. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

TITLE 14. FISH AND GAME COMMISSION

Pacific Halibut Sport Fishing — Notice File No. Z2015–0113–10154. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

TITLE 14. FISH AND GAME COMMISSION

Tuna Sport Fishing — Notice File No. Z2015–0113–09157. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

TITLE 16. CALIFORNIA ARCHITECTS BOARD

Intern Development Program (IDP) Guidelines — Notice File No. Z2015–0113–02159. . . . . . . . . . . . . . . . . . . . . . . .

GENERAL PUBLIC INTEREST

OFFICE OF ENVIRONMENTAL HEALTH HAZARD ASSESSMENT

Proposition 65 — No Significant Risk Level for Diisononyl Phthalate Notice, Hearing and Comment

Extension (Previously Published in Notice Register 2015, No. 1–Z)161. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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 (USPS 002–931),(ISSN 1041-2654) 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

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PROPOSITION 65

OFFICE OF ENVIRONMENTAL HEALTH HAZARD ASSESSMENT

Proposition 65 — Chemical Mitoxantrone Hydrochloride 162. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

OFFICE OF ENVIRONMENTAL HEALTH HAZARD ASSESSMENT

Proposition 65 — No Significant Risk Level for Diisononyl Phthalate Notice, Hearing and Comment

Extension (Previously Published in Notice Register 2015, No. 1–Z)

See also above under “GENERAL PUBLIC INTEREST” for a general public interest notice from the

Office of Environmental Health Hazard Assessment

OFFICE OF ENVIRONMENTAL HEALTH HAZARD ASSESSMENT

Proposition 65 — Safe Use Determination (SUD) Notice #2 for Diisononyl Phthlate 162. . . . . . . . . . . . . . . . . . . . . . .

OFFICE OF ENVIRONMENTAL HEALTH HAZARD ASSESSMENT

Proposition 65 — Updated Chemical List 163. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

ACCEPTANCE OF PETITION TO REVIEW ALLEGED UNDERGROUND

REGULATIONS

CALIFORNIA HORSE RACING BOARD

Memorandum titled: “Instructions Pursuant to Rule 1855, Medication Procedures and Related

Instructions,” dated February 28, 2014183. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

DISAPPROVAL DECISION

CALIFORNIA APPRENTICESHIP COUNCIL

Audit of Apprenticeship Programs186. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

AVAILABILITY OF INDEX OF PRECEDENTIAL DECISIONS

PHYSICAL THERAPY BOARD OF CALIFORNIA

Annual Notice of Precedential Decision 187. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

SUMMARY OF REGULATORY ACTIONS

Regulations filed with the Secretary of State188. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Sections Filed, August 13, 2014 to January 14, 2015189. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

CALIFORNIA REGULATORY NOTICE REGISTER 2015, VOLUME NO. 4-Z

137

PROPOSED ACTION ON

REGULATIONS

Information contained in this document is

published as received from agencies and is

not edited by Thomson Reuters.

TITLE 3. DEPARTMENT OF FOOD AND

AGRICULTURE

The Department of Food and Agriculture (Depart-

ment) amended subsection 3435(b) of the regulations in

Title 3 of the California Code of Regulations pertaining

to Asian Citrus Psyllid Interior (ACP) Quarantine as an

emergency action which was effective on October 17,

2014. The Department proposes to continue the regula-

tion as amended and to complete the amendment pro-

cess by submission of a Certificate of Compliance no

later than April 15, 2015.

This notice is being provided to be in compliance

with Government Code Section 11346.4.

PUBLIC HEARING

A public hearing is not scheduled. A public hearing

will be held if any interested person, or his or her duly

authorized representative, submits a written request for

a public hearing to the Department no later than 15 days

prior to the close of the written comment period.

WRITTEN COMMENT PERIOD

Any interested person or his or her authorized repre-

sentative may submit written comments relevant to the

proposed amendment to the Department. Comments

may be submitted by mail, facsimile (FAX) at

916.654.1018 or by email to Sara.Khalid@cdfa.ca.gov.

The written comment period closes at 5:00 p.m. on

March 9, 2015. The Department will consider only

comments received at the Department offices by that

time. Submit comments to:

Sara Khalid

Department of Food and Agriculture

Plant Health and Pest Prevention Services

1220 N Street

Sacramento, CA 95814

Sara.Khalid@cdfa.ca.gov

916.654.1017

916.654.1018 (FAX)

Following the public hearing if one is requested, or

following the written comment period if no public hear-

ing is requested, the Department, at its own motion, or

at the instance of any interested person, may adopt the

proposal substantially as set forth without further

notice.

INFORMATIVE DIGEST/POLICY STATEMENT

OVERVIEW

Existing law provides that the Secretary is obligated

to investigate the existence of any pest that is not gener-

ally distributed within this state and determine the prob-

ability of its spread and the feasibility of its control or

eradication (Food and Agricultural Code (FAC)

Section 5321).

Existing law also provides that the Secretary may es-

tablish, maintain and enforce quarantine, eradication

and other such regulations as she deems necessary to

protect the agricultural industry from the introduction

and spread of pests (FAC Sections 401, 403, 407 and

5322).

Anticipated Benefits from This Regulatory Action

Existing law, FAC Section 403, provides that the

department shall prevent the introduction and spread of

injurious insect or animal pests, plant diseases, and nox-

ious weeds.

Existing law, FAC Section 407, provides that the Sec-

retary may adopt such regulations as are reasonably

necessary to carry out the provisions of this code which

she is directed or authorized to administer or enforce.

Existing law, FAC Section 5321, provides that the

Secretary is obligated to investigate the existence of any

pest that is not generally distributed within this State

and determine the probability of its spread, and the fea-

sibility of its control or eradication.

Existing law, FAC Section 5322, provides that the

Secretary may establish, maintain, and enforce quaran-

tine, eradication, and such other regulations as are in her

opinion necessary to circumscribe and exterminate or

prevent the spread of any pest which is described in

FAC Section 5321.

The existing law obligates the Secretary to investi-

gate and determine the feasibility of controlling or erad-

icating pests of limited distribution but establishes

discretion with regard to the establishment and mainte-

nance of regulations to achieve this goal. This amend-

ment provides the necessary regulatory authority to pre-

vent the artificial spread of a serious insect pest which is

a mandated statutory goal.

The amendment of this regulation benefits the citrus

industries (nurseries, fruit growers, wholesalers, retail-

ers, exporters) and the environment by having a quaran-

tine program to prevent the artificial spread of ACP

over long distances. Most all of the commercial citrus