§ 2477.3. Exemptions.
13 CA ADC § 2477.3Barclays Official California Code of RegulationsEffective: October 1, 2022
Effective: October 1, 2022
13 CCR § 2477.3
§ 2477.3. Exemptions.
(c) Transport refrigeration systems that are not driven by an integral diesel internal combustion engine are exempt from the requirements of this subarticle, except for units used to comply with the ZE truck TRU requirements in section 2477.5(b). Examples of exempt equipment include, but are not limited to:
(2) The compliance plan shall establish monitoring, recordkeeping, and reporting procedural requirements that the Executive Officer finds are sufficient to identify non-compliant TRUs being moved on railways in California and to ensure that such TRUs will not operate at any time while they are present within California.
(A) The compliance plan shall include, without limitation: the procedure for tracking and recording routes and dates of travel within California of each noncompliant TRU, information identifying each noncompliant TRU (e.g. the railway carrier's reporting mark followed by the one-to-six-digit number which together uniquely identifies the railcar), a description of the automated monitoring and recordkeeping system for reporting the TRU “engine on” or “engine off” status, and the procedure for expeditiously reporting violations observed or discovered by the railway carrier.
(3) Within 30 days of the submission of a complete compliance plan, the Executive Officer shall approve or disapprove the compliance plan based on the information submitted by a railway carrier as specified in sections 2477.3(e)(1) and (2) above, and based on good engineering judgment. If the compliance plan is disapproved, the Executive Officer shall inform the railway carrier of the reasons for the disapproval. The railway carrier may revise the compliance plan to address the basis for disapproval and resubmit the compliance plan for EO approval or disapproval.
(2) The railway carrier or its agent is only fueling, monitoring to assure proper operation, keeping in operation, arranging repairs at the request of the owner, or restarting the TRU or TRU gen set engine after an unscheduled shut-down or repair, and is not performing any of the other activities listed under the definition of “operate”.
Credits
Note: Authority cited: Sections 39600, 39601, 39618, 39658, 39659, 39666, 39667, 43013, 43018 and 43019.1, Health and Safety Code. Reference: Sections 39618, 39650, 39658, 39659, 39666, 39667, 39674, 39675, 42400, 42400.1, 42400.2, 42400.3.5, 42402, 42402.2, 42410, 43013, 43018 and 43019.1, Health and Safety Code.
History
1. Renumbering and amendment of section 2477(c) to new section 2477.3 filed 10-15-2012; operative 10-15-2012 pursuant to Government Code section 11343.4 (Register 2012, No. 42).
2. Amendment of section and Note filed 7-18-2022; operative 10-1-2022 (Register 2022, No. 29).
This database is current through 8/2/24 Register 2024, No. 31.
Cal. Admin. Code tit. 13, § 2477.3, 13 CA ADC § 2477.3
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