REGULATOR Y
AGENDA
Department of Environmental Conservation
Introduction
Each year, pursuant to SAPA, the Department publishes a Regu la-
tory Agenda in the State Register and on its website. This is a listing
of the regulations that may be proposed for adoption or amend ment
within that calendar year.
Division of Air Resources
6 NYCRR Part 201 Permits and Registrations, Part 201 will be
amended to make certain minor wording changes, correct typographi-
cal errors, and other minor corrections to ensure consistent implemen-
tation across regions. This rule making will require a Regulatory Flex-
ibility Analysis for Small Businesses and Local Government s and a
Rural Area Flexibility Analysis. Contact: Mark Lanzafame, Depart-
ment of Environmental Conservation, 625 Broadway, Albany, NY
12233-3255, (518) 402-8403. E-mail: air.regs@dec.ny.gov Please
include the Part number when emailing.
6 NYCRR Subpart 202, Emission Statements. Existing Subpart
202-2 will be revised to require electronic submission of annual Emis-
sion Statements beginning in 2021 (for calendar year 2020 emissions
reporting) for facilities subject to Title V of the Clean Air Act. This
rule making will require a Regulatory Flexibility Analysis for Small
Businesses and Local Governments and a Rural Area Flexibili ty
Analysis. Contact: Carlos Mancilla, Department of Environ mental
Conservation, 625 Broadway, Albany, NY 12233-3251, (518) 4 02-
8396. E-mail: air.regs@dec.ny.gov Please include the Part number
when emailing.
6 NYCRR Part 203, Oil and Gas Sector Emissions. This is a new
regulation to reduce criteria pollutants and methane emiss ions from
the oil and gas sector. This regulation will address and expa nd upon
EPA’s control technique guideline. This rule making will re quire a
Regulatory Flexibility Analysis for Small Businesses and L ocal
Governments and a Rural Area Flexibility Analysis. Contact : Ona
Papageorgiou, Department of Environmental Conservation, 625
Broadway, Albany, NY 12233-3251, (518) 402-8396. E-mail:
air.regs@dec.ny.gov Please include the Part number when emailing.
6 NYCRR Part 205, Architectural and Industrial Maintenance
Coatings. The existing regulation will be revised to include additional
and more restrictive volatile organic compound (VOC) limit s. This
rule making will require a Regulatory Flexibility Analysis for Small
Businesses and Local Governments and a Rural Area Flexibili ty
Analysis. Contact: Ona Papageorgiou, Department of Enviro nmental
Conservation, 625 Broadway, Albany, NY 12233-3251, (518) 4 02-
8396. E-mail: air.regs@dec.ny.gov Please include the Part number
when emailing.
6 NYCRR Part 208, Landﬁll Gas Collection & Control Systems for
Certain Municipal Solid Waste Landﬁlls will be revised to include the
federal emission guidelines at 40 CFR Part 60 Subpart Cf, Emi ssion
Guidelines and Compliance Times for Municipal Solid Waste
Landﬁlls. The revisions may also include additional measur es that
will assist in meeting the goals of the State’s Methane Reduction Plan.
This rule making will require a Regulatory Flexibility Anal ysis for
Small Businesses and Local Governments and a Rural Area Flexibility
Analysis. Contact: Daniel Brinsko, Department of Environm entalConservation, 625 Broadway, Albany, NY 12233-3255, (518) 4 02-
8403. E-mail: air.regs@dec.ny.gov Please include the Part number
when emailing.
6 NYCRR Part 212, Process Operations. This proposal will rep eal
subpart 212-4, Control of nitrogen oxides for hot mix asphalt produc-
tion plants and create a new regulation (or expand 212-4, not decided
yet) to speciﬁcally address the emissions of particulate, c arbon mon-
oxide, sulfur dioxide, NOx and High Toxicity Air Contaminan ts
(HTAC) such as formaldehyde, benzene and polycyclic aromat ic
hydrocarbons. The proposed regulation will enact stricter require-
ments for new sources built after the applicability date while address-
ing the existing facilities with requirements that are easily interpreted
from Region to Region. Also, Part 212-1, General Provisions, will be
revised to allow for a second compliance option when a source owner
is required to demonstrate compliance with a federal NESHAP
(National Emissions Standard for Hazardous Air Pollutants ) regula-
tion which controls the emissions of High Toxicity Air Contaminants.
This rule making will require a Regulatory Flexibility Anal ysis for
Small Businesses and Local Governments and a Rural Area Flexibility
Analysis and a Job Impact Analysis. Contact: Steven DeSanti s,
Department of Environmental Conservation, 625 Broadway, A lbany,
NY 12233-3251, (518) 402-8402. E-mail: air.regs@dec.ny.gov Please
include the Part number when emailing.
6 NYCRR Part 218, Emissions Standards for Motor Vehicles and
Motor Vehicle Engines. The Department is considering revisions to 6
NYCRR Subpart 218-7, Aftermarket Parts, to clarify or amend
aftermarket catalytic converter prohibitions that curren tly apply to
1993, 1994, 1996 and subsequent model-year light and medium duty
vehicles. This rule making will require a Regulatory Flexibility Anal-
ysis for Small Businesses and Local Governments and a Rural A rea
Flexibility Analysis. Contact: Jeff Marshall, Department of Environ-
mental Conservation, 625 Broadway, Albany, New York 12233-3255,
(518) 402-8292. E-mail: air.regs@dec.ny.gov Please inclu de the Part
number when emailing.
6 NYCRR Part 219, Incinerators. Existing Subpart 219-4 will be
amended to better reﬂect the current state of cremation tech nology
and reduce emissions of particulate matter from new cremato ries
constructed in the state. In addition, Division of Air will sunset exist-
ing Subparts 219-5 and 219-6 by requiring that existing units subject
to these requirements be regulated by more stringent standa rds.
Furthermore, a new Subpart 219-10 will be proposed to set a limit on
nitrogen oxide (NOx) emissions from municipal waste combus tors.
This rule making will require a Regulatory Flexibility Anal ysis for
Small Businesses and Local Governments and a Rural Area Flexibility
Analysis. Contact: Mark Lanzafame, Department of Environm ental
Conservation, 625 Broadway, Albany, New York 12233-3255, ( 518)
402-8403. E-mail: air.regs@dec.ny.gov Please include the Part
number when emailing.
6 NYCRR Part 222, Distributed Generation Sources. Pursuant to an
Order by the Supreme Court of the State of New York dated July 26,
2017, the Department will develop a new rule to replace the ru le
adopted on November 1, 2016. This rule making will require a Regula-
tory Flexibility Analysis for Small Businesses and Local Governments
and a Rural Area Flexibility Analysis. Contact: John Barnes , Depart-
81ment of Environmental Conservation, 625 Broadway, Albany, New
York 12233-3255, (518) 402-8396. E-mail: air.regs@dec.ny .gov
Please include the Part number when emailing.
6 NYCRR Subpart 225-2, Fuel Composition and Use - Waste Fuel.
Revisions to this regulation were proposed in 2016. However , based
on comments received during the public comment period, the Depart-
ment decided that it would not be able to complete the rule making in
the time allowed under the State Administrative Procedures Act.
Therefore, the Department will propose a new rule making to address
the signiﬁcant comments received on the earlier proposal and include
updated permitting references, updated rule citations, th e incorpora-
tion of federal waste oil pollutant content limits, the updating of mon-
itoring, recordkeeping, and reporting requirements, and the relocating
of speciﬁc deﬁnitions from Subpart 225-2 to 6 NYCRR Part 200, Gen-
eral Provisions. The new regulation will redeﬁne what emiss ion
sources are eligible to ﬁre waste oil, either as a permitted o r exempt
emission source, and will lower the exempt source size eligi bility
threshold to match the size requirement in State and federal hazardous
waste regulations. This rule making will require a Regulato ry Flex-
ibility Analysis for Small Businesses and Local Government s and a
Rural Area Flexibility Analysis. Contact: Mike Jennings, Department
of Environmental Conservation, 625 Broadway, Albany, NY 12 233-
3255, (518) 402-8403. E-mail: air.regs@dec.ny.gov Please include the
Part number when emailing.
6 NYCRR Part 226, Solvent Metal Cleaning Processes. The exis t-
ing regulation will be amended to remove “out-of-date” regu latory
references, update work practices, and establish requirem ents that
meet the federal control techniques guideline (CTG) for ind ustrial
cleaning solvents. This rule making will require a Regulato ry Flex-
ibility Analysis for Small Businesses and Local Government s and a
Rural Area Flexibility Analysis. Contact: John Henkes, Department of
Environmental Conservation, 625 Broadway, Albany, NY 1223 3-
3255, (518) 402-8403. E-mail: air.regs@dec.ny.gov Please include the
Part number when emailing.
6 NYCRR Subpart 227-1, Stationary Combustion Installations. The
existing regulation will be revised to remove ‘‘out-of-date’’ regulatory
references, correct typographical errors, and update the p ermissible
emission rates for particulate matter for both solid and liq uid fuels.
This rule making will require a Regulatory Flexibility Anal ysis for
Small Businesses and Local Governments and a Rural Area Flexibility
Analysis. Contact: Mike Jennings, Department of Environmental Con-
servation, 625 Broadway, Albany, NY 12233-3255, (518) 402- 8403.
E-mail: air.regs@dec.ny.gov Please include the Part numbe r when
emailing.
6 NYCRR Subpart 227-2, NOx RACT. A review of the NOx emis-
sion limits for peaking turbines will be conducted. This rul e making
will require a Regulatory Flexibility Analysis for Small Bu sinesses
and Local Governments and a Rural Area Flexibility Analysis .
Contact: Ona Papageorgiou, Department of Environmental Conserva-
tion, 625 Broadway, Albany, NY 12233-3251, (518) 402-8396.
E-mail: air.regs@dec.ny.gov Please include the Part numbe r when
emailing.
6 NYCRR Subpart 228-1, Surface Coating Facilities. Existin g
Subpart 228-1 will be revised to lower the volatile organic compound
limits for surface coatings used in motor vehicle and mobile equip-
ment repair and reﬁnishing. This rule making will require a R egula-
tory Flexibility Analysis for Small Businesses and Local Governments
and a Rural Area Flexibility Analysis. Contact: Marie Barnes, Depart-
ment of Environmental Conservation, 625 Broadway, Albany, NY
12233-3251, (518) 402-8396. E-mail: air.regs@dec.ny.gov Please
include the Part number when emailing.
6 NYCRR Part 230, Gasoline Dispensing Sites and Transport
Vehicles. The existing rule will be amended to update and clarify test-
ing requirements for gasoline dispensing sites (gas statio ns) and to
conform more closely with new federal requirements and guid ance.
The proposed changes will also require prior notiﬁcation to the Depart-
ment for each test; as well as new vapor leak detection equipment; and
remove Stage II requirements. This rule making will require a Regula-
tory Flexibility Analysis for Small Businesses and Local Governments
and a Rural Area Flexibility Analysis. Contact: Denise Prun ier,Department of Environmental Conservation, 625 Broadway, A lbany,
NY 12233-3255, (518) 408-5574. E-mail: air.regs@dec.ny.gov Please
include the Part number when emailing.
6 NYCRR Part 231, New Source Review. The existing rule will be
amended to conform to changes under the federal New Source Review
(NSR) rule and the Supreme Court rulings. In particular, the Part 231
revisions will include changes to NSR applicability based o n emis-
sions of greenhouse gases (GHGs) and requirements for parti culate
matter or particles with an aerodynamic diameter less than or equal to
2.5 micrometers (PM-2.5). The deﬁnitions section in 6 NYCRR Part
200, General Provisions will also be revised to conform to the federal
rule. This rule making will require a Regulatory Flexibilit y Analysis
for Small Businesses and Local Governments and a Rural Area Flex-
ibility Analysis. Contact: Steven Yarrington, Department of Environ-
mental Conservation, 625 Broadway, Albany, NY 12233-3254, (518)
402-8403. E-mail: air.regs@dec.ny.gov Please include the Part
number when emailing.
6 NYCRR Part 235, Consumer Products. The existing regulatio n
will be updated to implement additional V olatile Organic Co mpound
(VOC) product content limits. This rule making will require a Regula-
tory Flexibility Analysis for Small Businesses and Local Governments
and a Rural Area Flexibility Analysis. Contact: Kenneth New kirk,
Department of Environmental Conservation, 625 Broadway, A lbany,
NY 12233-3251, (518) 402-8396. E-mail: air.regs@dec.ny.gov Please
include the Part number when emailing.
6 NYCRR Part 242, CO2 Budget Trading Program. The regulation
will be amended, as necessary and appropriate, to be consist ent with
the Regional Greenhouse Gas Initiative’s 2016 Program Review. This
rule making will require a Regulatory Flexibility Analysis for Small
Businesses and Local Governments and a Rural Area Flexibili ty
Analysis. Contact Laura Stevens, Department of Environmental Con-
servation, 625 Broadway, Albany, NY 12233-3251, (518) 402- 8396.
E-mail: air.regs@dec.ny.gov Please include the Part numbe r when
emailing.
6 NYCRR Parts 243, 244, 245, Transport Rule. These existing
regulations will be updated to give the Department of Environmental
Conservation the authority to allocate allowances under th e Cross-
State Air Pollution Rule adopted by the Environmental Prote ction
Agency (EPA). These rules will be submitted to EPA as revisio ns to
the New York State Implementation Plan. This rule making wil l
require a Regulatory Flexibility Analysis for Small Busine sses and
Local Governments. Contact: Marie Barnes, Department of Environ-
mental Conservation, 625 Broadway, Albany, NY 12233-3251, (518)
402-8396. E-mail: air.regs@dec.ny.gov Please include the Part
number when emailing.
6 NYCRR Part 247, Outdoor Wood Boilers. The existing regulation
will be updated to conform to the emission standards and certiﬁcation
requirements of the federal NSPS rule. This rule making will require a
Regulatory Flexibility Analysis for Small Businesses and L ocal
Governments and a Rural Area Flexibility Analysis. Contact: Kenneth
Newkirk, Department of Environmental Conservation, 625 Broadway,
Albany, NY 12233-3251, (518) 402-8396. E-mail:
air.regs@dec.ny.gov Please include the Part number when emailing.
6 NYCRR Part 251, CO2 Performance Standards for Major Electric
Generating Facilities. The existing regulation will be amended to add
carbon dioxide (CO2) emission limits applicable to existin g electric
generating facilities. This rule making will require a Regulatory Flex-
ibility Analysis for Small Businesses and Local Government s and a
Rural Area Flexibility Analysis. Contact: Laura Stevens, D epartment
of Environmental Conservation, 625 Broadway, Albany, NY 12 233-
3251, (518) 402-8396. E-mail: air.regs@dec.ny.gov Please include the
Part number when emailing.
6 NYCRR Part 257, Air Quality Standards. Part 257, subparts 257-2
through 257-10, list the New York State Air Quality Standards (SAQS)
promulgated by the Department over several decades. A numbe r of
these SAQS are outdated and have been superseded by Federal a ir
quality standards and will be repealed or revised. The Depar tment
proposes to make the necessary changes to this regulation to achieve
parity with federal standards and support its mission to pre serve and
protect air quality. This rule making will require a Regulat ory Flex-NYS Register/January 3, 2018 Regulatory Agenda
82ibility Analysis for Small Businesses and Local Government s and a
Rural Area Flexibility Analysis and a Job Impact Analysis. C ontact:
Steven DeSantis, Department of Environmental Conservatio n, 625
Broadway, Albany, NY 12233-3251, (518) 402-8402. E-mail:
air.regs@dec.ny.gov Please include the Part number when emailing.
Division of Environmental Permits
6 NYCRR, Part 621, Uniform Procedure Act (UPA). Part 621 was
last amended on October 14, 2009 with the last major changes having
been made over one decade ago in 2006. Since that time several
statutes and regulations that interface with Part 621 have been changed
or amended. The Department proposes to update the main text of Part
621. Several minor changes and updates are proposed to align the text
with the revised regulations. Also several minor clariﬁcations and cor-
rections are proposed to correct inaccurate references and clarify
permitting procedures. This rule making will require a Regu latory
Flexibility Analysis for Small Businesses and Local Governments and
a Rural Area Flexibility Analysis. Contact: Kent Sanders, Department
of Environmental Conservation, 625 Broadway, 4th Fl., Alba ny, NY
12233-1750, (518) 402-9168. E-mail: deppermitting@dec.n y.gov
Please include the Part number when emailing.
Division of Environmental Remediation
6 NYCRR Parts 370, 371, 372, 373, 374, and 376, Hazardous Waste
Management Regulations (‘FedReg5’). This rule making will incorpo-
rate, as appropriate, (1) federal rules from January 2002 to present; (2)
changes related to Standards for Hazardous Air Pollutants for Hazard-
ous Waste Combustors (MACT rules) from September 1999 to pre -
sent; and (3) State-initiated changes, including clariﬁca tion of
language and corrections of errors found in the regulations. This rule
making will require a Regulatory Flexibility Analysis for Small Busi-
nesses and Local Governments, and a Rural Area Flexibility Analysis.
Contact: Michelle Ching, Department of Environmental Cons erva-
tion, Division of Environmental Remediation, 625 Broadway, Albany,
NY 12233-7020, (518) 402-9553. E-mail: hwregs@dec.ny.gov Please
include ‘FedReg5’ in the subject line when emailing.
6 NYCRR Parts 370, 371, 372, 373, 374 and 376, Hazardous Waste
Management Regulations (‘FedReg6’). This rule making will incorpo-
rate, as appropriate, six federal rules that were adopted be tween July
31, 2013 and November 28, 2016, which are: (1) Solvent-
Contaminated Wipes Rule, published in Federal Register on J uly 31,
2013, which modiﬁes provisions for laundering and reuse that are cur-
rently administered by Program Policy DSW-HW-03-09, ‘Regulatory
Status of Laundered Industrial Rags and Soiled Clothing;’ (2) Carbon
Dioxide Sequestration Rule, published in Federal Register on January
3, 2014, which provides a conditional exclusion for carbon d ioxide
streams in geological sequestration activities; (3) Electronic Manifest
Rule, published in Federal Register on February 7, 2014, whi ch
provides the legal and policy framework to authorize use of electronic
manifests; (4) Deﬁnition of Solid Waste Rule, published in the Federal
Register on October 30, 2008 and revised on January 13, 2015, which
revises the deﬁnition of solid waste to conditionally exclu de certain
hazardous secondary material destined for reclamation; (5 ) Export-
Import Revisions Rule, published in the Federal Register on November
28, 2016, which updates notiﬁcation requirements to include electronic
ﬁling; and (6) Generator Improvements Rule, also published in the
Federal Register on November 28, 2016, which reorganizes an d
updates the regulations for hazardous waste generators. This rule mak-
ing will require a Regulatory Flexibility Analysis for Small Businesses
and Local Governments, and a Rural Area Flexibility Analysi s.
Contact: Michelle Ching, Department of Environmental Cons erva-
tion, Division of Environmental Remediation, 625 Broadway, Albany,
NY 12233-7020, (518) 402-9553. E-mail: hwregs@dec.ny.gov Please
include ‘FedReg6’ in the subject line when e-mailing.
6 NYCRR Part 375 (Subparts 375-1 to 375-4, and 375-6), Environ-
mental Remediation Programs. The Department proposes to am end
subparts 375-1 to 375-4, and 375-6 to (1) incorporate legisl ative
mandates which modify the tax incentives offered under the Brown-
ﬁeld Cleanup Program (BCP); (2) incorporate the provision introduced
in that legislation that a property is not eligible for the program unless
the site “requires remediation,” which will be deﬁned in these regula-
tions; (3) incorporate needed changes, clariﬁcations, and modiﬁca-tions to the regulations based on the experience developed during the
ﬁrst decade of implementing the BCP. These changes will incr ease
consistency across remedial programs administered by the Division of
Environmental Remediation and provide the Department with the
tools necessary to more effectively implement the programs ; and (4)
incorporate soil cleanup objective (SCO) changes, if any, r esulting
from the statutorily required ﬁve-year review. This rule ma king will
require a Regulatory Flexibility Analysis for Small Busine sses and
Local Governments and a Rural Area Flexibility Analysis. Co ntact:
William Ottaway, Department of Environmental Conservatio n, Divi-
sion of Environmental Remediation, 625 Broadway, Albany, N Y
12233-7020, (518) 402-9553. E-mail: derweb@dec.ny.gov Pl ease
include ‘Part 375’ in the subject line when e-mailing.
6 NYCRR Part 384, Cleanup Criteria for Remediation of Sites Con-
taminated with Radioactive Material. This rule is being dev eloped to
adopt applicable sections of the federal Nuclear Regulatory Commis-
sion’s (NRC) License Termination Rule (LTR), which establi shes
cleanup criteria for radiologically contaminated sites, and the Timeli-
ness of Decommissioning Rule, which outlines necessary steps for the
planning and implementing of site cleanups. Program staff a re
coordinating adoption of these rules with the Department of Health
and the New York City Department of Health and Mental Hygiene to
ensure compatibility, as they also have to adopt applicable sections of
these federal rules. This rule making will require a Regulat ory Flex-
ibility Analysis for Small Businesses and Local Government s, and a
Rural Area Flexibility Analysis. Contact: Timothy Rice, De partment
of Environmental Conservation, Division of Environmental Remedia-
tion, 625 Broadway, Albany, NY 12233-7255, (518) 402-8579.
E-mail: Regs.Radiation@dec.ny.gov Please include ‘Part 3 84’ in the
subject line when e-mailing.
6 NYCRR Part 483, Hazardous Waste Program Fees. This rule mak-
ing will amend Part 483 to incorporate statutory changes made to the
Hazardous Waste Program Fees in Environmental Conservatio n Law
section 72-0402. This rule making will require a Regulatory Flex-
ibility Analysis for Small Businesses and Local Government s and a
Rural Area Flexibility Analysis. Contact: Karen Diligent, Department
of Environmental Conservation, Division of Environmental Remedia-
tion, 625 Broadway, Albany, NY 12233-7012, (518) 402-9764.
E-mail: derweb@dec.ny.gov Please include ‘Part 483’ in the subject
line when e-mailing.
6 NYCRR Parts 596, 597, 598, and 599, Chemical Bulk Storage
Regulations. In this second phase of rule making for revisio ns to the
Chemical Bulk Storage (CBS) regulations, the Department pr oposes
to amend Part 597 to update the list of hazardous substances a nd
clarify the spill reporting requirements. The Department also proposes
to repeal Parts 596, 598, and 599 and replace them with a new Pa rt
598 to: (1) achieve equivalency with 40 CFR Part 280 (Underground
Storage Tank regulations), which is needed in order for the S tate to
receive State Program Approval from U.S. Environmental Pro tection
Agency (EPA) by incorporating new requirements from the fed eral
regulations that the EPA promulgated in their July 2015 rule making;
and (2) incorporate State-initiated changes pertaining to the adminis-
tration of the CBS program and its consistency with the Petro leum
Bulk Storage program, where applicable. This rule making will require
a Regulatory Flexibility Analysis for Small Businesses and Local
Governments and a Rural Area Flexibility Analysis. Contact : Russ
Brauksieck, Department of Environmental Conservation, Di vision of
Environmental Remediation, 625 Broadway, Albany, NY 12233-7020,
(518) 402-9553. E-mail: derweb@dec.ny.gov Please include ‘Parts
597 and 598’ in the subject line when e-mailing.
6 NYCRR Part 610, Certiﬁcation of Onshore Major Facilities [Ma-
jor Oil Storage Facility (MOSF) Regulations]. The Departme nt
proposes to repeal and replace Part 610 to: (1) incorporate appropriate
language from the New York State Department of Transportati on
regulations, 17 NYCRR Parts 30, 31 and 32, that pertains to th e
administration of the MOSF program, which has been solely handled
by the Department since 1985; (2) repeal 17 NYCRR Parts 30, 31 and
32; (3) improve the consistency and clarity of language dire cting the
administration of the MOSF program, which will make explici t in
regulation the procedures set forth in the Department’s Program Policy
DER-11, Procedures for Licensing Onshore Major Oil Storage Facili-NYS Register/January 3, 2018 Regulatory Agenda
83ties; and (4) enhance monitoring, maintenance, procedures, and equip-
ment requirements to prevent leaks and spills. This rule mak ing will
require a Regulatory Flexibility Analysis for Small Busine sses and
Local Governments and a Rural Area Flexibility Analysis. Co ntact:
Russ Brauksieck, Department of Environmental Conservatio n, Divi-
sion of Environmental Remediation, 625 Broadway, Albany, N Y
12233-7020, (518) 402-9553. E-mail: derweb@dec.ny.gov Pl ease
include ‘Part 610’ in the subject line when e-mailing.
6 NYCRR Part 611, Environmental Priorities and Procedures in Pe-
troleum Cleanup and Removal. The Department proposes to rep eal
and replace Part 611 to incorporate requirements from Artic le 12 of
the Navigation Law, which prohibits the discharge of petrol eum and
provides for cleanup and removal of any petroleum discharge . Part
611 needs to be revised to achieve equivalency with 40 CFR Part 280
(Underground Storage Tank regulations), which is needed in order for
the State to receive State Program Approval from EPA. This rule mak-
ing will require a Regulatory Flexibility Analysis for Small Businesses
and Local Governments and a Rural Area Flexibility Analysis .
Contact: Kevin Hale, Department of Environmental Conserva tion,
Division of Environmental Remediation, 625 Broadway, Albany, NY
12233-7020, (518) 402-9553. E-mail: derweb@dec.ny.gov Pl ease
include ‘Part 611’ in the subject line when e-mailing.
6 NYCRR Part 613, Petroleum Bulk Storage Regulations. In thi s
second phase of rulemaking for revisions to the Petroleum Bulk Stor-
age (PBS) regulations, the Department proposes to amend Part 613 to:
(1) achieve equivalency with 40 CFR Part 280 (Underground Storage
Tank regulations), which is needed in order for the State to r eceive
State Program Approval from EPA by incorporating new requirements
from the federal regulations that the EPA promulgated in the ir July
2015 rule making; (2) clarify language of the existing requi rements;
and (3) incorporate State-initiated changes pertaining to the adminis-
tration of the PBS program and its consistency with the CBS program,
where applicable. This rule making will require a Regulator y Flex-
ibility Analysis for Small Businesses and Local Government s and a
Rural Area Flexibility Analysis. Contact: Russ Brauksieck , Depart-
ment of Environmental Conservation, Division of Environme ntal
Remediation, 625 Broadway, Albany, NY 12233-7020, (518) 40 2-
9553. E-mail: derweb@dec.ny.gov Please include ‘Part 613’ in the
subject line when e-mailing.
Division of Fish and Wildlife
6 NYCRR Part 10, 11, 18, 19, 35, 36 – Baitﬁsh and Commercial
Licenses. The Department is proposing to revise baitﬁsh and inland
commercial ﬁshing regulations to eliminate baitﬁsh collec tion
conﬂicts, simplify the existing inland baitﬁsh licensing f ee schedule,
and modify the regulatory structure for use of commercial gi ll nets
and trap nets in Great Lakes waters. These amendments may require a
Regulatory Flexibility Analysis for Small Businesses or a Rural Area
Flexibility Analysis. Contact: Gregory Kozlowski, Depart ment of
Environmental Conservation, Bureau of Fisheries, 625 Broa dway,
Albany, NY 12233, (518) 402-8896. E-mail:
gregory.kozlowski@dec.ny.gov Please include the Part number when
emailing.
6 NYCRR Part 51, Public use of State Wildlife Management Areas.
Statutory Authority: ECL 1-0101, 3-0301, 9-0105, and 11-21 01. The
Department is proposing to amend 6 NYCRR Part 51 to more clearly
identify public use compatible with the legal and intended purposes of
Wildlife Management Areas for wildlife dependent recreati on and
wildlife conservation. Where appropriate, revisions will more closely
mirror provisions in 6 NYCRR Part 190 Use of state lands. Thes e
amendments may require a Regulatory Flexibility Analysis for Small
Businesses and Local Governments or a Rural Area Flexibilit y
Analysis. Contact: Marcelo DelPuerto, Department of Environmental
Conservation, 625 Broadway, Albany, NY 12233-4754, (518) 4 02-
8883. E-mail: wildliferegs@dec.ny.gov Please include the Part
number when emailing.
6 NYCRR Parts 151, 153, 170, 174 and 182. Amendments to these
regulations would be done as one package.
6 NYCRR Part 151, Propagation and Sale of Fur-Bearing Animals.
The Department is proposing to amend 6 NYCRR Part 151 to bring
the regulations current with changes to ECL 11-1907, which b ecameeffective in April 2012. The statutory language now states t hat the
department shall not issue any new licenses after April 1, 20 12. The
regulatory changes will provide for continued licensing of currently
licensed individuals and will prohibit the issuance of new l icenses.
This amendment may require a Regulatory Flexibility Analys is for
Small Businesses and Local Governments but not a Rural Area Flex-
ibility Analysis. Contact: Joseph Therrien, Department of Environ-
mental Conservation, Division of Fish and Wildlife, 625 Bro adway,
Albany, NY 12233-4752, (518) 402-8985. E-mail:
joseph.therrien@dec.ny.gov Please include the Part numbe r when
emailing.
6 NYCRR Part 153, Preserve Licenses. The Department is propos-
ing to amend 6 NYCRR Part 153 to bring the regulations current with
changes to multiple Sections of the ECL. The statutory langu age has
removed the requirement for marking domestic game species w ith a
Department provided tag and has extended the shooting season autho-
rized for shooting preserve licenses. The regulatory chang es will
remove the carcass tagging requirements in Section 153.1 an d will
extend the shooting season as allowed in Section 153.2. In ad dition,
the requirement for submission of an annual report will be re moved
from Section 153.1. Contact: Joseph Therrien, Department of Environ-
mental Conservation, Division of Fish and Wildlife, 625 Bro adway,
Albany, NY 12233-4752, (518) 402-8985. E-mail:
joseph.therrien@dec.ny.gov Please include the Part numbe r when
emailing.
6 NYCRR Sections Part 170.1 and 170.3, Miscellaneous Licenses.
The Department is proposing to amend 6 NYCRR Sections 170.1 and
170.3 to remove the $1 fee for licenses issued for the importa tion of
ﬁsh or wildlife from without to within the state. Contact: Joseph Ther-
rien, Department of Environmental Conservation, Division of Fish
and Wildlife, 625 Broadway, Albany, NY 12233-4752, (518) 40 2-
8985. E-mail: joseph.therrien@dec.ny.gov Please include the Part
number when emailing.
6 NYCRR Part 174, Sale of Live Birds. The Department is propos-
ing to amend 6 NYCRR Part 174 to simplify the regulatory language
and to clearly state for what purposes a license is required. Part 174
will be repealed in its entirety and a new Part 174 will be writ ten.
Changes will also include the removal of the records retention require-
ment in 174.3(c). This amendment may require a Regulatory Fl ex-
ibility Analysis for Small Businesses but not a Rural Area Flexibility
Analysis. Contact: Joseph Therrien, Department of Environ mental
Conservation, Division of Fish and Wildlife, 625 Broadway, Albany,
NY 12233-4752, (518) 402-8985. E-mail: joseph.therrien@dec.ny.gov
Please include the Part number when emailing.
6 NYCRR Part 182, Endangered and threatened species of ﬁsh and
wildlife; species of special concern; incidental take perm its. The
Department is proposing to revise 6 NYCRR Subparts 182.2, 18 2.5,
182.7, 182.8 and 182.13 as part of three separate rule making s: (1)
Threatened and Endangered species list revision; (2) Jurisdictional de-
termination and permit process improvement; (3) Special li censes
improvements to address possession of non-native, federal ly listed
species and parts derived therefrom. This rule making will r equire a
Regulatory Flexibility Analysis for Small Businesses and L ocal
Governments and a Rural Area Flexibility Analysis. Contact : Dan
Rosenblatt, Department of Environmental Conservation, 625 Broad-
way, Albany, NY 12233-4754, (518) 402-8883. E-mail:
wildliferegs@dec.ny.gov Please include the Part number wh en
emailing.
6 NYCRR Part 177, Sporting License Issuance and Use. Amend
current regulations to update proof of qualiﬁcations for ce rtain licen-
ses to be consistent with updated procedures and potential c hanges
necessary to issue sporting licenses as part of a statewide, shared ser-
vices electronic licensing system that is currently under development.
Also, amend current regulations concerning the descriptio n of what
constitutes a license issued by the Department to allow for electronic
sporting licenses to be carried and presented via electronic device(s).
This amendment may require a Regulatory Flexibility Analys is for
Small Businesses or a Rural Area Flexibility Analysis Conta ct: Mary
Bailey, Department of Environmental Conservation, Divisi on of Fish
and Wildlife, 625 Broadway, Albany, NY 12233-4750, (518) 40 2-
8869. E-mail: mary.bailey@dec.ny.govNYS Register/January 3, 2018 Regulatory Agenda
846 NYCRR Part 186, Deer feeding. The Department is proposing
adoption of a new regulation (6 NYCRR Part 186) to strengthen the
general prohibition on feeding of deer, and to institute an i ntegrated
pest management (IPM) requirement for the use of 4-Poster
Tickicide™. These amendments may require a Regulatory Flexibility
Analysis for Small Businesses and Local Governments or a Rur al
Area Flexibility Analysis. Contact: Jeremy Hurst, Departm ent of
Environmental Conservation, 625 Broadway, Albany, NY 1223 3-
4754, (518) 402-8883. E-mail: wildliferegs@dec.ny.gov Pl ease
include the Part number when emailing.
Pending adoption of Part 186, the Department will also propo se
repealing existing sections of Part 189 (189.3[b] and [c] pertaining to
the feeding of wild deer) to avoid confusion with the new Part 186.
6 NYCRR Part 189, Chronic Wasting Disease. Statutory Authority:
ECL 3-0301, 11-0325, and 11-1905. These amendments are necessary
to strengthen disease prevention measures to prevent the introduction
or spread of Chronic Wasting Disease (CWD) in New York. The
Department is proposing to prohibit the importation of cert ain infec-
tious parts of CWD-susceptible cervids, to increase testin g of CWD-
susceptible cervids held under licenses issued by the Department and
to increase monitoring of activities that pose a threat of CW D
introduction or spread in New York. These amendments may require a
Regulatory Flexibility Analysis for Small Businesses or a Rural Area
Flexibility Analysis. Contact: Patrick Martin, Department of Environ-
mental Conservation, Division of Fish and Wildlife, 625 Bro adway,
Albany, NY 12233-4754, (518) 402-8883. Email:
wildliferegs@dec.ny.gov Please include the Part number wh en
emailing.
Ofﬁce of Hearings and Mediation Services
6 NYCRR Part 622, Uniform Enforcement Hearing Procedures.
The Department proposes to clarify procedures governing de fault
procedures and motions for order without hearing, and make v arious
typographical, technical and related corrections throughout. This rule
making may require a Regulatory Flexibility Analysis for Small Busi-
nesses, and a Rural Regulatory Flexibility Analysis. Contact: James T.
McClymonds, Chief Administrative Law Judge, Department of
Environmental Conservation, Ofﬁce of Hearings and Mediati on Ser-
vices, 625 Broadway, First Fl., Albany, NY 12233-1550. E-ma il:
james.mcclymonds@dec.ny.gov
6 NYCRR Part 624, Permit Hearing Procedures. The Department
proposes to amend procedures governing issues conferences and
interim appeals to the Commissioner from issues rulings by t he
Administrative Law Judges, to clarify the procedures gover ning mo-
tion practice, to establish procedures governing trade secrets and other
conﬁdential information in adjudicatory hearings, to revi se certain
deﬁnitions and to make various typographical, technical an d related
corrections. This rule making may require a Regulatory Flex ibility
Analysis for Small Businesses, and a Rural Regulatory Flexi bility
Analysis. Contact: Louis A. Alexander, Department of Environmental
Conservation, Ofﬁce of Hearings and Mediation Services, 62 5
Broadway, 14th Fl., Albany, NY 12233-1010. E-mail:
louis.alexander@dec.ny.gov
Division of Lands and Forests
6 NYCRR Part 190, Use of State Lands, Lake Placid to Tupper Lake
Recreational Trail. These regulations will guide the manag ement of
this recreational corridor. Contact: Francis Sheehan, Dep artment of
Environmental Conservation, Division of Lands and Forests , 625
Broadway, Albany, NY 12233-4250, (518) 402-9409, E-mail:
francis.sheehan@dec.ny.gov, Contact: Peter Frank, Depar tment of
Environmental Conservation, Division of Lands and Forests , 625
Broadway, Albany, NY 12233-4254, (518) 473-9518, E-mail:
peter.frank@dec.ny.gov
6 NYCRR Part 190, Use of State Lands. Amend section 190.26,
Hemlock-Canadice State Forest (Livingston-Ontario State Reforesta-
tion Area No.1). These regulations will amend the existing regulations
by applying further restrictions on public use to protect the public wa-
ter supply since Hemlock and Canadice lakes are a direct sour ce of
public water for the city of Rochester and other communities. Contact:
Robert Messenger, Department of Environmental Conservation, Divi-
sion of Lands and Forests, 625 Broadway, Albany, NY 12233-42 55,
(518) 402-9428, E-mail: robert.messenger@dec.ny.gov6 NYCRR Part 190, Use of State Lands. Amend section 190.10,
Unique Areas to include a new section, Rush Oak Openings Uniq ue
Area. These regulations will protect the unique area by proh ibiting
certain activities on the property. Contact: Robert Messenger, Depart-
ment of Environmental Conservation, Division of Lands and Forests,
625 Broadway, Albany, NY 12233-4255, (518) 402-9428, E-mai l:
robert.messenger@dec.ny.gov
6 NYCRR Part 510, Unmanned Aircraft. Adopt a new Part 510 to
control, track and manage the use of unmanned aircraft syste ms also
referred to as drones on Department of Environmental Conser vation
owned lands and waters. Contact: Scott McDonnell, Departme nt of
Environmental Conservation, Division of Lands and Forests , 625
Broadway, Albany, NY 12233-4253, (518) 402-9425, E-mail:
scott.mcdonnell@dec.ny.gov
6 NYCRR Part 190, Use of State Lands. Addition of a new section
190.36, Northern Catskill Riparian Areas. These regulatio ns will ad-
dress public safety and environmental issues at the Departm ent man-
aged Kaaterskill Falls, Kaaterskill Clove, Platte Clove an d Colgate
Lake. Contact: Peter Frank, Department of Environmental Co nserva-
tion, Division of Lands and Forests, 625 Broadway, Albany, N Y
12233-4254, (518) 473-9518, E-mail: peter.frank@dec.ny.gov
6 NYCRR Part 190, Use of State Lands. Amend section 190.35,
Peekamoose Valley Riparian Corridor. These regulations will address
the continued overuse of the area by requiring the public to o btain a
day use permit to access the area with the intention of limiti ng the
number of visitors and consequently protecting the resource. Contact:
Peter Frank, Department of Environmental Conservation, Division of
Lands and Forests, 625 Broadway, Albany, NY 12233-4254, (51 8)
473-9518, E-mail: peter.frank@dec.ny.gov
6 NYCRR Part 196, Operation of Motorized Vehicles, Vessels,
Aircraft and Motorized Equipment in the Forest Preserve. Amend sec-
tion 196.7, Operation of Bicycles in the Adirondack and Catskill For-
est Preserve. These regulations will update this section, including the
existing list of Adirondack and Catskill Forest Preserve wilderness ar-
eas where bicycles are prohibited. Contact: Peter Frank, De partment
of Environmental Conservation, Division of Lands and Fores ts, 625
Broadway, Albany, NY 12233-4254, (518) 473-9518, E-mail:
peter.frank@dec.ny.gov
6 NYCRR Part 196, Operation of Motorized Vehicles, Vessels,
Aircraft and Motorized Equipment in the Forest Preserve. Amend sec-
tion 196.8, Operation of Motorized Equipment in Wilderness , Primi-
tive, Primitive Bicycle Corridor and Canoe Areas within the Adiron-
dack and Catskill Parks. These regulations will update this section,
including establishing a list where motorized equipment is prohibited
on existing forest preserve units and newly classiﬁed fores t preserve
units. Contact: Peter Frank, Department of Environmental C onserva-
tion, Division of Lands and Forests, 625 Broadway, Albany, N Y
12233-4254, (518) 473-9518, E-mail: peter.frank@dec.ny.gov
6 NYCRR Part 195, Permits for the Erection and Maintenance of
Signs, Advertising Structures and Devices in the Catskill Park. These
regulations will allow a modest increase in the size of signs and the
distance of signs from businesses. Contact: Peter J. Frank, Department
of Environmental Conservation, Bureau of Forest Preserve M anage-
ment, 625 Broadway, Albany, NY 12233-4254, (518) 473-9518,
E-mail: peter.frank@dec.ny.gov
6 NYCRR Part 190, Use of State Lands. Amend section 190.13,
Wilderness Areas in the Adirondack Park. These regulations will
protect the natural resources in the Saint Regis Canoe Area f rom
overuse by applying restrictions to group size, camping, ca mpﬁres
and other activities. Contact: Peter J. Frank, Department of Environ-
mental Conservation, Bureau of Forest Preserve Management , 625
Broadway, Albany, NY 12233-4254, (518) 473-9518, E-mail:
peter.frank@dec.ny.gov
Division of Marine Resources
6 NYCRR Part 11, More Than One Species. The Department is
proposing amendments that pertain to the management of diadromous
ﬁshes, including American eel, for taking, possessing, sale, or trafﬁck-
ing in the Harlem or East Rivers and the Hudson River. The amen d-
ments are needed for New York State to remain in compliance wi th
ﬁshery management plans developed by the Atlantic States Ma rineNYS Register/January 3, 2018 Regulatory Agenda
85Fisheries Commission or as directed in the Federal Sustainable Fisher-
ies Act for such species. They also comply with the requireme nts of
Environmental Conservation Law regarding the management o f
anadromous species. The purpose of these regulations is to protect and
to maintain the health of these ﬁsh stocks. This rule making w ill
require a Regulatory Flexibility Analysis for Small Busine sses and
Local Government and a Rural Area Flexibility Analysis. Con tact:
John Maniscalco, Department of Environmental Conservatio n, Divi-
sion of Marine Resources, 205 N. Belle Meade Road, Suite 1, Ea st
Setauket, New York 11733, (631) 444-0430. E-mail:
john.maniscalco@dec.ny.gov Please include the Part numbe r when
emailing.
6 NYCRR Part 18, Taking Bait. The Department is proposing
amendments that pertain to the management of diadromous ﬁsh es to
take as bait for sportﬁshing through the use of ﬁshing device s. The
amendments are needed for New York State to remain in compliance
with ﬁshery management plans developed by the Atlantic Stat es
Marine Fisheries Commission or as directed in the Federal Su stain-
able Fisheries Act for such species. They also comply with the require-
ments of Environmental Conservation Law regarding the mana ge-
ment of anadromous species. The purpose of these regulation s is to
protect and to maintain the health of these ﬁsh stocks. This rule mak-
ing will require a Regulatory Flexibility Analysis for Small Businesses
and Local Government and a Rural Area Flexibility Analysis. Contact:
John Maniscalco, Department of Environmental Conservatio n, Divi-
sion of Marine Resources, 205 N. Belle Meade Rd., Suite 1, Eas t
Setauket, NY 11733, (631) 444-0430. E-mail:
john.maniscalco@dec.ny.gov Please include the Part numbe r when
emailing.
6 NYCRR Part 35, Licenses. The Department proposes to establish
new reporting requirements for certain inland commercial ﬁ shery
license holders, consistent with those in Part 40 for the same regulated
species. The Department also proposes to reduce the number of types
of licenses issued and to increase the fees charged for certain licenses.
This rule making will require a Regulatory Flexibility Anal ysis for
Small Businesses and Local Government and a Rural Area Flexibility
Analysis. Contact: John Maniscalco, Department of Environ mental
Conservation, Division of Marine Resources, 205 N. Belle Me ade
Rd., Suite 1, East Setauket, NY 11733, (631) 444-0430. E-mai l:
john.maniscalco@dec.ny.gov Please include the Part numbe r when
emailing.
6 NYCRR Part 36, Gear and Operation of Gear. The Department is
proposing amendments that pertain to the management of diadromous
ﬁshes in the Hudson and Delaware Rivers and are needed to maintain
compliance with ﬁshery management plans developed by the Atlantic
States Marine Fisheries Commission (ASMFC) or as directed i n the
Federal Sustainable Fisheries Act for such species. The ame ndments
will also comply with the requirements of Environmental Con serva-
tion Law regarding the management of anadromous species. This rule
making will require a Regulatory Flexibility Analysis for Small Busi-
nesses and Local Government and a Rural Area Flexibility Ana lysis.
Contact: John Maniscalco, Department of Environmental Con serva-
tion, Division of Marine Resources, 205 N. Belle Meade Rd., Suite 1,
E. Setauket, NY 11733, (631) 444-0430. E-mail:
john.maniscalco@dec.ny.gov Please include the Part numbe r when
emailing.
6 NYCRR Part 40, Marine Fish. The Department proposes to amend
regulations pertaining to the management of marine and diad romous
ﬁshes to maintain compliance with ﬁshery management plans devel-
oped by the Atlantic States Marine Fisheries Commission (AS MFC),
or with the requirements of Environmental Conservation Law, or pur-
suant to the Federal Sustainable Fisheries Act for such spec ies.
Proposed amendments will also provide compliance with Nati onal
Marine Fisheries Service requirements and other federal la ws. The
Department proposes to amend the regulations to deﬁne what methods
are allowed for recreational anglers to take ﬁsh. The Depart ment
proposes to amend reporting and record keeping requirement s for
State licensed harvesters; and to create a deﬁnition for pro of of
residency and establish requirements for providing such pr oof of
residency when obtaining marine license and permits. The De part-
ment proposes to amend reporting and record keeping require mentsfor State licensed harvesters who also hold federal harvesting licenses
to require them to notify the Department of the agency that th ey are
reporting to, as well as to clarify reporting requirements s peciﬁc to
federal Highly Migratory Species (HMS) permits to be able to collect
invaluable harvest data that is not captured by any other mea ns. The
Department proposes to amend the striped bass and summer ﬂounder
commercial ﬁshing special regulations to replace qualiﬁca tions for
permits with an acceptable substitute for 50 percent of earned income
and tax records and make changes to striped bass commercial ﬁshing
permit reissuance and striped bass commercial permit tag provisions.
New regulations will be proposed to make changes in the summe r
ﬂounder commercial ﬁshing special regulations to add langu age for
re-qualiﬁcation similar to that in the striped bass commerc ial ﬁshing
special regulations. The Department proposes to adopt regu lations to
establish a commercial eel permit with reporting requireme nts
statewide, and to extend coverage by the general provisions of this
part to include Rockland and Putnam Counties and ensure that com-
mercial possession is covered statewide. The Department proposes to
amend commercial ﬁshing regulations for American eel to est ablish
quota-based ﬁshing limits and closures. The Department pro poses to
adopt regulations which will require the use of bait bags when ﬁshing
with eel pots. The proposed amendments will adopt changes to the
shipping, labeling and packing requirements to require har vester’s
ﬁshing vessel trip report numbers on labels for quota managed species
and adopt regulations to clarify provision for records rete ntion by
food ﬁsh shippers and dealers. The Department proposes amendments
to establish seasonal area gear closures to decrease bycatch of Atlantic
sturgeon. In order to comply with NOAA requirements, the Dep art-
ment proposes amendments to coastal shark regulations to prohibit the
harvest of blacknose sharks, allow a limited exception for s mooth-
hound sharks to the general prohibition on landing sharks without ﬁns
attached, allow for seasonal adjustments of landing limits for large
coastal sharks and hammerheads, and to specify that recreational shark
size limits are measured in fork length. The Department also proposes
to adopt gear restrictions for the shore based shark ﬁshery to discour-
age ﬁshing on prohibited shark species. The Department prop oses
amendments to cod and squid regulations to allow for seasonal adjust-
ments of landing limits and to revise the commercial cod size limit.
This rule making will require a Regulatory Flexibility Anal ysis for
Small Businesses and Local Government and a Rural Area Flexibility
Analysis. Contact: John Maniscalco, Department of Environ mental
Conservation, Division of Marine Resources, 205 N. Belle Me ade
Rd., Suite 1, East Setauket, NY 11733, (631) 444-0430. E-mai l:
john.maniscalco@dec.ny.gov Please include the Part numbe r when
emailing.
6 NYCRR Part 41, Sanitary Condition of Shellﬁsh Lands. As nec -
essary, the Department will propose to amend regulations that specify
the classiﬁcation (certiﬁed or uncertiﬁed) of shellﬁsh lan ds. These
amendments are necessary to protect public health by design ating
lands that do not meet bacteriological water quality criteria as uncerti-
ﬁed or closed to shellﬁsh harvesting. Shellﬁsh lands that meet the wa-
ter quality criteria are designated as certiﬁed (open) for t he taking of
shellﬁsh. Additionally, shellﬁsh lands that have not been s ubject to a
sanitary survey conducted within the previous ten (10) years shall be
designated as uncertiﬁed. Shellﬁsh are deﬁned in law as oysters, scal-
lops, and all kinds of clams and mussels. This rule making may require
a Regulatory Flexibility Analysis for Small Businesses and Local
Government and a Rural Area Flexibility Analysis. Contact: William
Hastback, Department of Environmental Conservation, Divi sion of
Marine Resources, 205 N. Belle Meade Rd., Suite 1, East Setau ket,
NY 11733, (631) 444-0479. E-mail: william.hastback@dec.n y.gov
Please include the Part number when emailing.
6 NYCRR Part 42, Sanitary Control over Shellﬁsh. The Department
proposes to amend regulations pertaining to the sanitary, record keep-
ing, and reporting requirements and to require Vibrio contr ol plans
and introduce educational requirements, as necessary, to protect pub-
lic health and allow for the modiﬁcation of any conditions pl aced on
permit activities after the permit has been issued for shellﬁsh harvest-
ers and shippers needed to comply with the guidelines of the National
Shellﬁsh Sanitation Program (NSSP), the federal regulatio ns regard-
ing interstate shipment of shellﬁsh, and the Environmental Conserva-NYS Register/January 3, 2018 Regulatory Agenda
86tion Law. The proposed regulations will modify the descriptions of al-
lowable activities under each category of shellﬁsh shipper permits and
the harvester permit consistent with the NSSP and the Environmental
Conservation Law and amend and clarify descriptions of shel lﬁsh
harvest areas to clearly delineate geographical sites wher e shellﬁsh
are harvested. This rule making will require a Regulatory Fl exibility
Analysis for Small Businesses and Local Government and a Rur al
Area Flexibility Analysis. Contact: Susan Ritchie, Depart ment of
Environmental Conservation, Division of Marine Resources , 205 N.
Belle Meade Rd., Suite 1, East Setauket, NY 11733, (631) 444-0494.
E-mail: susan.ritchie@dec.ny.gov Please include the Part number
when emailing.
6 NYCRR Part 43, Surfclam/Ocean Quahog Fishery Management.
The Department proposes to amend regulations pertaining to the
management of surfclams and ocean quahogs that are consistent with
the provisions of ﬁshery management plans adopted by the Dep art-
ment and allow for the orderly implementation of any changes to the
Environmental Conservation Law for the surfclam ﬁshery. All amend-
ments may describe changes to permit requirements and eligi bility,
harvest limits, gear restrictions, record keeping, and rep orting
requirements. This rule making may require a Regulatory Fle xibility
Analysis for Small Businesses and Local Government and a Rur al
Area Flexibility Analysis. Contact: Jennifer O’Dwyer, Department of
Environmental Conservation, Division of Marine Resources , 205 N.
Belle Mead Rd., Suite 1, East Setauket, NY 11733, (631) 444-0 489.
E-mail: jennifer.odwyer@dec.ny.gov Please include the Pa rt number
when emailing.
6 NYCRR Part 44, Lobsters and Crabs. The Department proposes
to amend regulations pertaining to the management of lobste rs,
decapod crabs, and horseshoe crabs to maintain the health of such spe-
cies and to prevent the introduction of exotic species. These proposed
regulations will comply with ﬁshery management plans developed by
the Atlantic State Marine Fisheries Commission (ASMFC) for these
species and with requirements of the Environmental Conserv ation
Law. The proposed regulations will include general provisions consis-
tent with those found in Part 40. The proposed amendments will allow
for ﬂexibility in the type of vent used in crab traps, establish open crab
dredge seasons and areas, and revise blue crab size limits. The Depart-
ment proposes to amend reporting and record keeping require ments
for State licensed harvesters who also hold federal harvesting licenses
to require them to notify the Department of the agency that th ey are
reporting to, which will be consistent with regulations fou nd in Part
40. The Department proposes to adopt regulations to impleme nt the
new ASMFC Interstate Fishery Management Plan for Jonah Crab
which will include a special permit, size limit, bycatch limit, rules on
harvest of parts, effort controls and other management measures based
on details of the plan. The Department proposes to clarify cu rrent
language and remove unnecessary regulations. Horseshoe crab regula-
tions will be proposed to allow more control over the harvest and stor-
age of horseshoe crabs. Rules will also be developed to prohi bit the
importation, possession and use of Asian horseshoe crabs. A SMFC
will be developing an Addendum to the lobster management pla n to
scale the size of the Southern New England lobster ﬁshery to the size
of the resource and to respond to the continued depletion of the stock.
The Department will propose lobster regulations based on th e details
of the Addendum. The Department will propose rules to prohib it the
liberation of non-local crustaceans into New York’s marine district.
Rules will be developed to modify lobster trap tag allocations in order
to implement trap transferability program. The Department will
develop rules to establish consistency between State and Fe deral
lobster regulations in regards to traps removal and applica tion of the
most restrictive rule during lobster ﬁshery closed seasons. The Depart-
ment will also develop rules to establish a minimum age for the non-
commercial lobster license. This rule making will require a Regula-
tory Flexibility Analysis for Small Businesses and Local Government
and a Rural Area Flexibility Analysis. Contact: Kim McKown, Depart-
ment of Environmental Conservation, Division of Marine Res ources,
Finﬁsh and Crustaceans Section, 205 N. Belle Meade Rd., Suit e 1,
East Setauket, NY 11733, (631) 444-0454. E-mail:
kim.mckown@dec.ny.gov Please include the Part number when
emailing.6 NYCRR Part 48, Marine Hatcheries, On-Bottom and Off-Bottom
Culture of Marine Plant and Animal Life. The Department proposes to
amend regulations pertaining to the sale of cultured food ﬁsh and other
cultured food products for consumption or resale. The propo sed
regulations will amend requirements for marking and identiﬁcation of
cultivation products in commercial markets, requirements for permits,
and record keeping and reporting requirements. This rule making will
require a Regulatory Flexibility Analysis for Small Busine sses and
Local Government as well as a Rural Area Flexibility Analysi s.
Contact: Wade Carden, Department of Environmental Conserv ation,
Division of Marine Resources, 205 N. Belle Mead Rd., Suite 1, East
Setauket, NY 11733, (631) 444-0481. E-mail:
wade.carden@dec.ny.gov Please include the Part number whe n
emailing.
6 NYCRR Part 49, Shellﬁsh Management. The Department pro-
poses to adopt regulations for the management of hard clams, soft or
steamer clams and razor clams. The management measures incl ude
provisions for size limits, catch and possession limits, open and closed
seasons, closed areas, restrictions on the manner of taking and land-
ing, requirements for permits and eligibility, record keep ing and
identiﬁcation requirements, requirements on the amount an d type of
ﬁshing effort and gear, and requirements relating to transp ortation,
possession and sale. The Department proposes to amend regul ations
pertaining to the possession of oysters of less than legal size which is
needed to ensure enforceability and compliance with the min imum
size requirements for harvest of wild (natural) oysters in t he marine
district. This rule making will require a Regulatory Flexibility Analy-
sis for Small Businesses and Local Government as well as a Rur al
Area Flexibility Analysis. Contact: Debra Barnes, Departm ent of
Environmental Conservation, Division of Marine Resources , 205 N.
Belle Mead Rd., Suite 1, East Setauket, NY 11733, (631) 444-0 477.
E-mail: debra.barnes@dec.ny.gov Please include the Part n umber
when emailing.
6 NYCRR Part 50, Miscellaneous Marine Species. The Department
proposes to adopt new regulations for the protection and management
of various other marine species. The immediate need is for the adop-
tion of regulations for the protection and management of whelks (also
known as conch, Busycon spp). These regulations will includ e size
limits, speciﬁcations for marking and placement of whelk ﬁshing gear,
trap limits and other regulations necessary to manage the wh elk
ﬁshery. The Department proposes to amend reporting and record keep-
ing requirements for State licensed harvesters who also hol d federal
harvesting licenses to require them to notify the Departmen t of the
agency that they are reporting to, which will be consistent with regula-
tions found in Part 40. The Department also proposes to adopt regula-
tions which will require the use of bait bags when ﬁshing with whelk
traps. This rule making may require a Regulatory Flexibility Analysis
for Small Businesses and Local Government and a Rural Area Fl ex-
ibility Analysis. Contact: Kim McKown, Department of Environmen-
tal Conservation, Division of Marine Resources, 205 N. Bell e Mead
Rd., Suite 1, East Setauket, NY 11733, (631) 444-0454. E-mai l:
kim.mckown@dec.ny.gov Please include the Part number when
emailing.
Division of Materials Management
6 NYCRR Part 321 Pesticides in Grape Vineyards, Part 322
Pesticides in Grape Vineyards, Niagara County, Part 323 Pesticides In
Grape Vineyards, Chautauqua County, Southern Townships, Part 324
Pesticides In Grape Vineyards, Erie County, and Part 325 Application
of Pesticides will be repealed and replaced with new Parts 32 1-325.
This rule making will include comprehensive reorganization and revi-
sions to the current rule to update the current pesticide use regulations,
including the use of pesticides classiﬁed by the USEPA as exe mpt
from the requirements of the Federal Insecticide, Fungicid e, and
Rodenticide Act. These pesticides are commonly known as 25( b) or
minimum risk pesticides. These rules will also incorporate federal cer-
tiﬁcation and training regulations contained in 40 CFR Part 170 and
the provisions currently in Part 326 Registration and Classiﬁcation of
Pesticides related to the sale of restricted use pesticides . In addition,
Part 326 will be revised to address the registration of minim um risk
pesticides. This rule making will require a Regulatory Flexibility Anal-
ysis for Small Businesses and Local Governments, and a Rural AreaNYS Register/January 3, 2018 Regulatory Agenda
87Flexibility Analysis. Contact: Tricia Newell, Department of Environ-
mental Conservation, Division of Materials Management, 62 5
Broadway, Albany, NY 12233-7254, (518) 402-8748. E-mail:
pestmgt@dec.ny.gov Please include the Part number when e-mailing.
6 NYCRR, Part 327, Rules and Regulations Relating to the Use of
Chemicals for the Control or Elimination of Aquatic Vegetat ion. Part
327 will be amended to incorporate relevant provisions of Pa rt 328
(Rules and Regulations Relating to the Use of Chemicals for t he
Control or Elimination of Undesirable Fish) and Part 329 (Ru les and
Regulations Relating to the Use of Chemicals for the Control or
Elimination of Aquatic Insects) and to reﬂect the current st atutory
requirement of the Environmental Conservation Law. 6 NYCRR Part
328 and 6 NYCRR Part 329 will be repealed. This rule making wil l
require a Regulatory Flexibility Analysis for Small Busine sses and
Local Governments, and a Rural Area Flexibility Analysis. C ontact:
Anthony Lamanno, Department of Environmental Conservation, Divi-
sion of Materials Management, 625 Broadway, Albany, NY 1223 3-
7254, (518) 402-8727. E-mail: pestcomp@dec.ny.gov Please include
the Part number when e-mailing.
6 NYCRR Part 367, Returnable Beverage Containers. This rule
making will incorporate revisions to the statute that speci ﬁcally
changed and, in some cases, change the Part 367 regulations that were
promulgated in 1983; reﬂect changes in the way the industry a nd the
regulated community now complies with these regulations; a nd
include changes that will lead to improved compliance and
enforcement. This rule making will require a Regulatory Fle xibility
Analysis for Small Businesses and Local Governments, and a R ural
Area Flexibility Analysis. Contact: Jennifer Kruman, Depa rtment of
Environmental Conservation, Division of Materials Management, 625
Broadway, Albany, NY 12233-7253, (518) 402-8706. E-mail:
nybottle@dec.ny.gov Please include the Part number when e-mailing.
6 NYCRR Part 368, Product Stewardship and Labeling. This rul e
making will rename and include changes to the existing Recyc ling
Emblem regulations in 6 NYCRR Part 368 to be consistent with
national labeling guidelines for recycling terms. It will a lso include
developing regulations for mercury-added consumer produc ts label-
ing, and product stewardship requirements for the E-Waste take back
program resulting from legislation adopted in 2010 for E-Wa ste
management. This rule making will require a Regulatory Flex ibility
Analysis for Small Businesses and Local Governments, and a R ural
Area Flexibility Analysis. Contact: Peter Pettit, Departm ent of
Environmental Conservation, Division of Materials Management, 625
Broadway, Albany, NY 12233-7253, (518) 402-8706. E-mail:
pswr@dec.ny.gov Please include the Part number when e-mailing.
Division of Operations
6 NYCRR 623: Use of Environmental Education Centers. The
Department is proposing to revise 6 NYCRR 623: Use of Environmen-
tal Education Centers to include Reinstein Woods Environme ntal
Education Center, update appropriate uses of the education centers,
and make the regulations consistent with relevant sections of Part 190:
Use of State Lands. This rule making will not require a Regula tory
Flexibility Analysis for Small Businesses and Local Governments and
a Rural Area Flexibility Analysis. Contact: Tom Shimalla, Department
of Environmental Conservation, 625 Broadway, Albany, NY 12 233-
5256, (518) 402-8043. E-mail: edcenterregs@dec.ny.gov Pl ease
include the Part number when emailing.
Division of Water
6 NYCRR Part TBD, Water Well Registration and Reporting. A
new Part will be developed in conjunction with ECL section 15-1525
to establish registration, reporting, certiﬁcation, and e nforcement
provisions. This rule making may require a Regulatory Flexi bility
Analysis for Small Businesses and Local Governments and a Ru ral
Area Flexibility Analysis. Contact: Diane English, Sectio n Chief,
Bureau of Water Resource Management, Division of Water, Dep art-
ment of Environmental Conservation, 625 Broadway, Albany, NY
12233, (518) 402-8195. E-mail: diane.english@dec.ny.gov
6 NYCRR Part TBD - Waste Water Reuse. Regulations are needed
to reﬂect the provisions in ECL section 15-0605 regarding wa ter ef-
ﬁciencies and the promotion of the reuse of reclaimed wastew ater.
This may require a Regulatory Flexibility Analysis for Smal l Busi-nesses and Local Governments and a Rural Area Flexibility Analysis.
Contact: Koon Tang, Director of Bureau of Water Resource Manage-
ment, Division of Water, Department of Environmental Conservation,
625 Broadway, Albany, NY 12233, (518) 402-8086. E-mail:
koon.tang@dec.ny.gov
6 NYCRR Part 485 - State Pollutant Discharge Elimination System
(SPDES) Program Fees. The SPDES program fees were changed in
2009 through amendments to ECL section 72-0602. Part 485 wil l be
amended to conform the SPDES fees in regulation to the fees in
statute. This rule making may require a Regulatory Flexibility Analy-
sis for Small Businesses and Local Governments and a Rural Ar ea
Flexibility Analysis. Contact: Carol Lamb-LaFay, Director, Bureau of
Water Permits, Division of Water, Department of Environmental Con-
servation, 625 Broadway, Albany, NY 12233-3505, (518) 402- 8111.
E-mail: carol.lamb-lafay@dec.ny.gov
6 NYCRR Part 502 - Floodplain Management Criteria for State
Projects. Revisions will update language to comply with ena bling
legislation and will update criteria to comply with changes in Federal
Emergency Management Agency regulations and New York State
Building Code. Part 502 was last updated in 1984. Revisions w ill
include updated deﬁnitions, clarifying ﬂoodway encroachm ent
requirements, changing lowest ﬂoor elevation requirement s to reﬂect
the Building Code of New York State, and clarifying the variance ap-
plication and decision process. This rule making may require a Regula-
tory Flexibility Analysis for Small Businesses and Local Governments
and a Rural Area Flexibility Analysis. Contact: Alan Fuchs, Director
Bureau of Flood Protection and Dam Safety, Division of Water ,
Department of Environmental Conservation, Albany, NY 12233-3507,
(518) 402-8185. E-mail: alan.fuchs@dec.ny.gov
6 NYCRR Part 505 - Coastal Erosion Management Regulations.
Part 505 of 6 NYCRR was last amended in March 1988. Revisions
will include clarifying deﬁnitions, adding new deﬁned term s, and
clarifying language regarding regulated activities in natural protective
features areas. This rule making may require a Regulatory Flexibility
Analysis for Small Businesses and Local Governments and a Ru ral
Area Flexibility Analysis. Contact: Alan Fuchs, Director, Bureau of
Water Permits, Division of Water, Department of Environmental Con-
servation, 625 Broadway, Albany, NY 12233-3505, (518) 402- 8185.
E-mail: alan.fuchs@dec.ny.gov
6 NYCRR Part 602 - Long Island Agricultural Water Wells. Revi -
sions are needed to reﬂect that the permit exemption for agri cultural
water wells on Long Island was eliminated in 1992 by the intro duc-
tion of paragraph 7 of ECL section 15-1527. This rule making m ay
require a Regulatory Flexibility Analysis for Small Busine sses and
Local Governments and a Rural Area Flexibility Analysis. Co ntact:
Koon Tang, Director of Bureau of Water Resource Management, Divi-
sion of Water, Department of Environmental Conservation, 6 25
Broadway, Albany, NY 12233, (518) 402-8086. E-mail:
koon.tang@dec.ny.gov
6 NYCRR 676 – Salt Storage. A new part will be added to regulate
the private and municipal storage of road salt and road salt/ sand
mixtures. Regulations are needed to protect waters of the st ate from
contamination due to the uncovered storage of road salt and road salt/
sand mixtures. The rule making will require a Regulatory Fle xibility
Analysis for Small Businesses and Local Governments and a Ru ral
Area Flexibility Analysis. Contact: Carol Lamb-LaFay, Dir ector,
Bureau of Water Permits, Division of Water, Department of Environ-
mental Conservation, 625 Broadway, Albany, NY 12233-3505, (518)
402-8111. E-mail: carol.lamb-lafay@dec.ny.gov
6 NYCRR Parts 700 – 706 Water Quality Standards. Revisions will
add/revise ambient water quality standards, standard-setting proce-
dures, implementation procedures, and other regulatory pr ovisions.
This rule making may require a Regulatory Flexibility Analy sis for
Small Businesses and Local Governments and a Rural Area Flexibility
Analysis. Contact: Scott Stoner, Chief, Standards and Analytical Sup-
port Section, Bureau of Water Quality Management, Division of Wa-
ter, Department of Environmental Conservation, Albany, NY 12233-
3502, (518) 402-8193. E-mail: scott.stoner@dec.ny.gov
6 NYCRR Part 750 - State Pollutant Discharge Elimination System
(SPDES) Permits. Revisions are necessary to incorporate new federalNYS Register/January 3, 2018 Regulatory Agenda
88criteria and standards. This rule making may require a Regul atory
Flexibility Analysis for Small Businesses and Local Governments and
a Rural Area Flexibility Analysis. Contact: Carol Lamb-LaFay, Direc-
tor, Bureau of Water Permits, Division of Water, Department of
Environmental Conservation, 625 Broadway, Albany, NY 1223 3-
3505, (518) 402- 8111. E-mail: carol.lamb-lafay@dec.ny.gov
6 NYCRR Part 910 - St. Lawrence River Drainage Basin. Revi-
sions will reclassify surface waters as needed to provide water quality
protection consistent with designated best usages, as well as the Clean
Water Act (CWA) Section 101(a)(2) goals. This rule making ma y
require a Regulatory Flexibility Analysis for Small Busine sses and
Local Governments and a Rural Area Flexibility Analysis. Co ntact:
Scott Stoner, Chief, Standards and Analytical Support Section, Bureau
of Water Quality Management, Division of Water, Department of
Environmental Conservation, Albany, NY 12233-3502, (518) 402-
8193. E-mail: scott.stoner@dec.ny.gov
Education Department
Pursuant to section 202-d of the State Administrative Proce dure
Act, the State Education Department presents its regulator y agenda
for calendar year 2018. All section and part references are to Title 8 of
the New York Code of Rules and Regulations. The State Educati on
Department reserves the right to add, delete or modify, without further
notice, except as required by the State Administrative Procedure Act,
any item or information presented herein as relating to the 2 018
Regulatory Agenda.
OFFICE OF P-12 EDUCATION
Addition of a new Part of the Commissioner’s Regulations pertain-
ing to the requirements for student and teacher data privacy and secu-
rity pursuant to Education Law section 2-d, as added by Subpart L of
Part AA of Chapter 56 of the Laws of 2014. A rural area ﬂexibili ty
analysis and/or a regulatory ﬂexibility analysis may be required.
Amendment of Parts 52 and 80 of the Commissioner’s Regulations
to require all prospective teachers to complete coursework on English
Language Learner instructional needs, co-teaching strate gies, and
integrating language and content instruction for English L anguage
Learners. A regulatory ﬂexibility analysis for local government and a
rural area ﬂexibility analysis may be required.
Amendment of Part 80 of the Commissioner’s Regulations to create
a certiﬁcation extension for bilingual teaching assistants. A regulatory
ﬂexibility analysis for local government and a rural area ﬂe xibility
analysis may be required.
Amendment of section 80-1.9 of the Commissioner’s Regulati ons
relating to the ﬁling of district personnel data. A regulato ry change
may be required to align the requirement for collecting personnel data
which has changed from staff ﬁling a paper form to an electronic ﬁling
by school districts, BOCES and charter schools. A regulator y ﬂex-
ibility analysis for local government and a rural area ﬂexibility analy-
sis may be required.
Amendment of section 100.1(a) of the Commissioner’s Regulations
relating to the deﬁnition of a unit of study. A regulatory ﬂex ibility
analysis for local government and a rural area ﬂexibility analysis may
be required.
Amendment of section 100.1(b) of the Commissioner’s Regulations
relating to the deﬁnition of a unit of credit. A regulatory ﬂe xibility
analysis for local government and a rural area ﬂexibility analysis may
be required.
Amendment of section 100.2(ff) of the Commissioner’s Regul a-
tions related to children in Residential Facilities and/or the appoint-
ment of a liaison to align with the state’s Every Student Succeeds Act
plan. A regulatory ﬂexibility analysis for local government and a rural
area ﬂexibility analysis may be required.
Amendment of section 100.2(i) of the Commissioner’s Regulations
to allow the reporting of complaints about the use of corporal punish-
ment by BOCES, district or charter school personnel to be done once
a year. A regulatory ﬂexibility analysis for local government and a ru-
ral area ﬂexibility analysis may be required.
Amendment of section 100.2(m) of the Commissioner’s Regula -tions relating to the Public-School Reports to align with th e state’s
Every Student Succeeds Act plan. A regulatory change may be
required for reporting requirements for districts to allow for the vari-
ous data of the school report card to be identiﬁed individual ly. A
regulatory ﬂexibility analysis for local government and a r ural area
ﬂexibility analysis may be required.
Amendment to section 100.2(f) to clarify the use of Departme nt
Approved Alternatives to Regents examinations for use as pa thways
to graduation and not for accountability purposes. A regula tory ﬂex-
ibility analysis for local government and a rural ﬂexibilit y analysis
may be required.
Amendment to section 100.5(b) to allow districts to develop and
implement Arts coursework and curriculum without the appro val of
the State Education Department. A regulatory ﬂexibility an alysis for
local government and a rural ﬂexibility analysis may be required.
Amendment of section 100.3 of the Commissioner’s Regulatio ns
relating to the PreK-4 Program requirements to reﬂect the adoption of
the Learning Standards. A regulatory ﬂexibility analysis f or local
government and a rural area ﬂexibility analysis may be required.
Amendment of section 100.4 of the Commissioner’s Regulatio ns
relating to program requirements in grades 5-6 to reﬂect the adoption
of the Learning Standards. A regulatory ﬂexibility analysi s for local
government and a rural area ﬂexibility analysis may be required.
Amendment of section 100.5 of the Commissioner’s Regulatio ns,
relating to graduation requirements. A regulatory change m ay be
required to allow for additional options for English language learners.
A regulatory ﬂexibility analysis for local government and a rural area
ﬂexibility analysis may be required.
Amendment of section 100.7 of the Commissioner’s Regulatio ns
relating to the State High School Equivalency Program to increase the
age of eligibility and minimum number of hours required by th e
program. A regulatory ﬂexibility analysis for local govern ment and a
rural area ﬂexibility analysis may be required.
Amendment of section 100.4(b) of the Commissioner’s Regulations
relating to program requirements in grades ﬁve and six. A reg ulatory
ﬂexibility analysis for local government and a rural area ﬂe xibility
analysis may be required.
Amendment of section 100.4(d) of the Commissioner’s Regulations
relating to grade eight acceleration for diploma credit. A r egulatory
ﬂexibility analysis for local government and a rural area ﬂe xibility
analysis may be required.
Amendment of section 100.5(a), (b) and (c) of the Commissioner’s
Regulations relating to graduation and diploma requiremen ts. A
regulatory ﬂexibility analysis for local government and a r ural area
ﬂexibility analysis may be required.
Amendment of section 100.19 of the Commissioner’s Regulati ons
related to Receivership, to align with the state’s Every Stu dent Suc-
ceeds Act plan. A regulatory ﬂexibility analysis for local government
and a rural area ﬂexibility analysis may be required.
Addition of a new section 100.21 of the Commissioner’s Regul a-
tions to implement the school and district accountability a nd school
and district improvement provisions of New York state’s Eve ry
Student Succeeds Act plan, including a system for different iation of
school and district performance and support for and interve ntion in
identiﬁed schools and districts. A regulatory ﬂexibility analysis for lo-
cal government and a rural area ﬂexibility analysis may be required.
Amendment to various sections of Part 100 to align with Education
Law, Article 66, section 3300 et seq., on the Interstate Comp act for
Educational Opportunity for Military Children. A regulatory ﬂexibility
analysis for local government and a rural area ﬂexibility analysis may
be required.
Amendment of section 114.1(b) of the Commissioner’s Regulations
relating to nutrition standards. A regulatory change may be required to
conform with federal statute and/or regulation. A regulatory ﬂexibility
analysis for local government and a rural area ﬂexibility analysis may
be required.
Amendment of Part 116 of the Commissioner’s Regulations rel at-
ing to children in Residential Facilities and/or the appointment of a li-
aison to align with the state’s Every Student Succeeds Act pl an. ANYS Register/January 3, 2018 Regulatory Agenda
89regulatory ﬂexibility analysis for local government and a r ural area
ﬂexibility analysis may be required.
Amendment of Part 117 of the Commissioner’s Regulations rel at-
ing to diagnostic screening for students who are new entrants or who
have low test scores in reading or mathematics. A regulatory ﬂex-
ibility analysis for local government and a rural area ﬂexibility analy-
sis may be required.
Amendment of Part 118 of the Commissioner’s Regulations rel at-
ing to new provisions in New York State’s Every Student Succe eds
Act plan regarding incarcerated youth. A regulatory ﬂexibi lity analy-
sis for local government and a rural area ﬂexibility analysi s may be
required.
Amendment of section 119.1 of the Commissioner’s Regulatio ns
relating to ﬁnancing of charter schools to correct a citatio n and ad-
dress statutory changes. A regulatory ﬂexibility analysis for local
government and a rural area ﬂexibility analysis may be required.
Amendment of section 119.3 of the Commissioner’s Regulatio ns
relating to charter school report cards to correct a citatio n. A regula-
tory ﬂexibility analysis for local government and a rural ar ea ﬂex-
ibility analysis may be required.
Amendment of section 119.4 of the Commissioner’s Regulatio ns
relating to the location and timelines for charter school he arings. A
regulatory ﬂexibility analysis for local government and a r ural area
ﬂexibility analysis may be required.
Amendment of section 119.5 of the Commissioner’s Regulatio ns
relating to charter school preferences. A regulatory ﬂexibility analysis
for local government and a rural area ﬂexibility analysis ma y be
required.
Amendment of Part 120 of the Commissioner’s Regulations to align
with the State’s Every Student Succeeds Act plan relating to public
school choice, supplemental education services (SES), hig hly quali-
ﬁed teachers and other provisions of the No Child Left Behind Act. A
regulatory ﬂexibility analysis for local government and a r ural area
ﬂexibility analysis may be required.
Amendment of Part 125 of the Commissioner’s Regulations rel at-
ing to the requirements for the voluntary registration of no npublic
nursery schools and kindergartens. A regulatory ﬂexibility analysis for
local government and a rural area ﬂexibility analysis may be required.
Amendment of Subpart 151-1 of the Commissioner’s Regulatio ns
relating to universal prekindergarten. A regulatory chang e may be
required to implement policy relating to the suspension and expulsion
of children in universal prekindergarten classes. A regula tory ﬂex-
ibility analysis for local government and a rural area ﬂexibility analy-
sis may be required.
Amendment of section 151-1.3 of the Commissioner’s Regulations
relating to the Universal Pre-Kindergarten program. A regulatory ﬂex-
ibility analysis for local government and a rural area ﬂexibility analy-
sis may be required.
Amendment of Part 136 to implement Chapter 373 of the Laws of
2016 and to make technical amendments, relating to school he alth
services. A regulatory ﬂexibility analysis and a rural area ﬂexibility
analysis may be required.
Amendment of section 136.3(b) of the Commissioner’s Regulations
to conform to Education Law section 901, as amended by the Laws of
2006, Ch. 58, pt. A-1, § 57, which removed the exemption of the city
school districts of Rochester and Buffalo from the requirem ent to
provide school health services. A regulatory ﬂexibility analysis for lo-
cal government and a rural area ﬂexibility analysis may be required.
Amendment of section 144.11 of the Commissioner’s Regulati ons
to eliminate the requirement that school districts have an Early Grade
Class Size Reduction Plan. A regulatory ﬂexibility analysi s for local
government and a rural area ﬂexibility analysis may be required.
Amendment of Subpart 151-1 of the Commissioner’s Regulatio ns
to create identiﬁcation, placement and program requiremen ts for
students who are English language learners in preschool. A regulatory
ﬂexibility analysis for local government and a rural area ﬂe xibility
analysis may be required.
Amendment of section 154-2.3(i) of the Commissioner’s Regu la-
tions to allow districts with less than 30 English Language Learners toapply for a one year waiver increasing the maximum allowable grade
span for grouping instruction in grades K-12 English as a New
Language and Bilingual Education classes to three contiguous grades,
instead of two contiguous grades. A regulatory ﬂexibility analysis for
local government and a rural area ﬂexibility analysis may be required.
Amendment of section 155.12 of the Regulations of the Commis -
sioner of Education relating to lease approval and building aid for
leased school buildings and facilities by school districts. A regulatory
ﬂexibility analysis for local government and a rural area ﬂe xibility
analysis may be required.
Amendment of section 155.22(a)(3)(i)(d)(1) through (4) of the
Regulations of the Commissioner of Education relating to Qu aliﬁed
Zone Academy Bonds ranking of eligible districts and alloca tion of
funds. A regulatory ﬂexibility analysis for local government and a ru-
ral area ﬂexibility analysis may be required.
Amendment of section 155.23 of the Regulations of the Commis -
sioner of Education relating to multi-year cost allowance. A regulatory
ﬂexibility analysis for local government and a rural area ﬂe xibility
analysis may be required.
Amendment of Parts 100 and 200 of the Commissioner’s Regula-
tions to make certain technical amendments, including corr ections to
cross citations, as may be appropriate to conform with the Ev ery
Student Succeeds Act. A regulatory ﬂexibility analysis for local
government and a rural area ﬂexibility analysis may be required.
Amendment of sections 200.4(i) and 200.5(a) of the Commis-
sioner’s Regulations relating to written notice upon graduation or ag-
ing out and the development of adult service recommendation s for
students with disabilities placed in residential schools, as may be nec-
essary to conform to changes to State statute. A regulatory ﬂ exibility
analysis for local government and a rural area ﬂexibility analysis may
be required.
Amendment of sections 200.1(x), 200.5(j) and 200.16(h) of t he
Commissioner’s Regulations relating to the impartial due p rocess
hearing procedures, including the provisions relating to p rehearing
conferences. A regulatory ﬂexibility analysis for local government and
a rural area ﬂexibility analysis may be required.
Amendment of section 200.2 of the Regulations of the Commis-
sioner of Education relating to least restrictive environm ent place-
ments of students with disabilities. A regulatory ﬂexibility analysis for
local government and a rural area ﬂexibility analysis may be required.
Amendment of section 200.6 of the Commissioner’s Regulatio ns
relating to approval of State reimbursement for students wi th dis-
abilities in approved private school placements. A regulat ory ﬂex-
ibility analysis for local government and a rural area ﬂexibility analy-
sis may be required.
Amendment of section 200.6 of the Commissioner’s Regulatio ns
relating to the minimum level of service requirements for co nsultant
teacher services and resource room programs, and the maximu m
instructional group size in a resource room program. A regul atory
ﬂexibility analysis for local government and a rural area ﬂe xibility
analysis may be required.
Amendment of section 200.7 of the Commissioner’s Regulatio ns
relating to conditions of approval and the program standard s for
private schools approved to serve students with disabilities. A regula-
tory ﬂexibility analysis for local government and a rural ar ea ﬂex-
ibility analysis may be required.
Amendment of section 200.9 of the Commissioner’s Regulatio ns
relating to tuition rates for approved special class integr ated setting
programs. A regulatory ﬂexibility analysis for local government and a
rural area ﬂexibility analysis may be required.
Amendment of section 200.18 of the Commissioner’s Regulati ons
relating to ﬁscal audits of approved programs. A regulatory ﬂexibility
analysis for local government and a rural area ﬂexibility analysis may
be required.
Amendment of section 200.20(a) of the Commissioner’s Regul a-
tions relating to public school districts as preschool evaluators as may
be necessary to conform to changes to State statute. A regulatory ﬂex-
ibility analysis for local government and a rural area ﬂexibility analy-
sis may be required.NYS Register/January 3, 2018 Regulatory Agenda
90Amendment of section 3.16(c)(1) of the Rules of the Board of
Regents to update delegation of authority with respect to the approval
of changes to certain charter school revisions. A regulatory ﬂexibility
analysis for local government and a rural area ﬂexibility analysis may
be required.
Amendment of section 3.17(a)(3) of the Rules of the Board of
Regents to update the revocation proceeding and to allow the Board of
Regents to appoint a representative to hear oral arguments o n behalf
of the Board of Regents and to make a determination in regard to such
oral argument. A regulatory ﬂexibility analysis for local g overnment
and a rural area ﬂexibility analysis may be required.
Amendment of section 3.17(a)(3) of the Rules of the Board of
Regents to update the revocation proceeding to revoke the ce rtiﬁcate
of incorporation after the assets of the education corporat ions have
been discharged. A regulatory ﬂexibility analysis for local government
and a rural area ﬂexibility analysis may be required.
Agency Representative:
Information may be obtained, and written comments may be
submitted, concerning any of the above proposed amendments by
contacting: Jhone M. Ebert, Senior Deputy Commissioner for Educa-
tion Policy, New York State Education Department, Room 875, Educa-
tion Building Annex, 89 Washington Avenue, Albany, NY 12234 ,
(518) 474-3862, nysedp12@nysed.gov
OFFICE OF HIGHER EDUCATION
Amendment of section 3.56 of Regents Rules to clarify requir e-
ments for out-of-state institutions of higher education that are seeking
Regents permission to operate in New York. A rural area ﬂexib ility
analysis and regulatory ﬂexibility analysis may be required.
Amendment of section 3.58 of the Regents Rules and addition o f
new section 3.59 of the Regents Rules establishing procedur es and
fees related to institutional authorization to offer degre e programs. A
rural area ﬂexibility analysis and regulatory ﬂexibility a nalysis may
be required.
Amendment of Subpart 4-1 of the Regents Rules establishing f ees
for voluntary institutional accreditation by the Commissi oner of
Education and Board of Regents. A rural area ﬂexibility anal ysis and
regulatory ﬂexibility analysis may be required.
Amendment of section 50.1 of the Commissioner’s Regulation s to
include a deﬁnition of a remedial course and a compensatory c ourse
as needed under sections 6451 and 6452 of the Education Law. A rural
area ﬂexibility analysis and regulatory ﬂexibility analys is may be
required.
Amendment of Parts 50 and 52 of the Commissioner’s Regulations
concerning registration of undergraduate and graduate pos tsecondary
curricula. A rural area ﬂexibility analysis and regulatory ﬂexibility
analysis may be required.
Amendment of section 52.2(f) of the Commissioner’s Regulat ions
specifying the academic content of a transcript prepared by an Institu-
tion of Higher Education. A regulatory ﬂexibility analysis for local
government and a rural area ﬂexibility analysis may be required.
Amendment of Part 80 of the Commissioner’s Regulations relating
to the certiﬁcation requirements for school counselors. A r ural area
ﬂexibility analysis may be required.
Amendment of section 80-3.4 of the Commissioner’s Regulati ons
relating to education requirements for the professional ce rtiﬁcate. A
rural area ﬂexibility analysis may be required.
Amendment of sections 80-4.3 and 80-5.18 of the Commissioner’s
Regulations relating to the requirements for a Supplementa ry Bilin-
gual Education extension and the Supplementary English to Speakers
of Other Languages certiﬁcate. A rural area ﬂexibility analysis may be
required.
Addition of new section 80-5.26 of the Regulations of the Commis-
sioner of Education to allow a temporary certiﬁcate for teac hers
displaced from Puerto Rico and/or another U.S. Territory, a s a result
of Hurricane Maria, to teach in New York State. A regulatory ﬂ ex-
ibility analysis for local government and a rural area ﬂexibility analy-
sis may be required.
Amendment of Part 86 of the Commissioner’s Regulations relatingto the requirements for the Albert Shanker Grant. A rural are a ﬂex-
ibility analysis may be required.
Amendment of Part 135 of the Commissioner’s Regulations related
to Health and Physical Education, to align with the state’s E very
Student Succeeds Act plan. A regulatory ﬂexibility analysi s for local
government and a rural area ﬂexibility analysis may be required.
Amendment of Part 135 of the Commissioner’s Regulations to
clarify the due process procedures relative to coaching lic enses. A
regulatory ﬂexibility analysis and a rural area ﬂexibility analysis may
be required.
Amendment of Commissioner’s Regulations section 145-2.1(a)(iii)
to provide a deﬁnition of a remedial course(s). A regulatory ﬂexibility
analysis for local government and a rural area ﬂexibility analysis may
be required.
Amendment of Commissioner’s Regulations section 145-2.2 t o
provide a deﬁnition of the term “the recognized equivalent o f such
certiﬁcate” as found in Education Law section 661(4)(f) for the
purposes of determining eligibility for the NYS Tuition Ass istance
Program. A regulatory ﬂexibility analysis for local government and a
rural area ﬂexibility analysis may be required.
Amendment of Commissioner’s Regulations section 145-2.15(b)(3)
to clarify and establish jurisdiction over a student at the t ime of the
completion of secondary education. A regulatory ﬂexibilit y analysis
for local government and a rural area ﬂexibility analysis ma y be
required.
Amendment of Commissioner’s Regulations section 145-2.15(b)(2)
to clarify the federally approved ability to beneﬁt test adm inistration
for the purposes of the NYS Tuition Assistance Program. A regulatory
ﬂexibility analysis for local government and a rural area ﬂe xibility
analysis may be required.
Amendment of Commissioner’s Regulations section 152-1.2 t o
insert language concerning remedial, developmental, and c ompensa-
tory courses. A regulatory ﬂexibility analysis for local go vernment
and a rural area ﬂexibility analysis may be required.
Amendment of Commissioner’s Regulations section 152-1.1 t o
amend applications to clarify that each application shall i nclude the
provision of a summer program that shall occur at the beginning of the
program year and to update obsolete processes and language. A regula-
tory ﬂexibility analysis for local government and a rural ar ea ﬂex-
ibility analysis may be required.
Amendment of Commissioner’s Regulations Part 50 and Part 54 to
amend the deﬁnitions and procedures related to off-campus i nstruc-
tion and locations. A regulatory ﬂexibility analysis for lo cal govern-
ment and a rural area ﬂexibility analysis may be required.
Amendment of Commissioner’s Regulations to establish a new part
to implement section 6449 of the Education Law as related to a ggre-
gate data reporting to the department as required by Chapter 76 of the
Laws of 2015, the Sexual Assault, Dating Violence, Domestic
Violence and Stalking Prevention and Response Policies and
Procedures. A regulatory ﬂexibility analysis for local government and
a rural area ﬂexibility analysis may be required.
Agency Representative:
Information may be obtained, and written comments may be
submitted, concerning any of the above proposed amendments by
contacting: John D’Agati, Deputy Commissioner for the Ofﬁc e of
Higher Education, Education Department, Ofﬁce of Higher Ed uca-
tion, Rm. 975, Education Bldg. Annex, 89 Washington Ave., Al bany,
NY 12234, (518) 486-3633, Shannon.Roberson@nysed.gov
OFFICE OF THE PROFESSIONS
Amendment of Part 29 of the Regents Rules relating to deﬁnitions
of unprofessional conduct in the public accountancy and certiﬁed pub-
lic accountancy professions. A regulatory ﬂexibility analysis for small
businesses and a rural area ﬂexibility analysis may be required.
Amendment of Part 29 of the Regents Rules relating to deﬁnitions
of unprofessional conduct in the pharmacy profession. A reg ulatory
ﬂexibility analysis for small businesses and a rural ﬂexibility analysis
may be required.
Amendment of section 29.7 of the Rules of the Board of RegentsNYS Register/January 3, 2018 Regulatory Agenda
91and section 63.6 of the Commissioner’s Regulations relatin g to the
Unprofessional Conduct Special Provisions and the Requirements for
Substituting Interchangeable Biological Products for Pre scribed
Products in the Profession of Pharmacy. A regulatory ﬂexibility analy-
sis for small businesses and a rural ﬂexibility analysis may be required.
Amendment of Part 61 of the Commissioner’s Regulations relating
to licensure by endorsement provisions for dentists. A regulatory ﬂex-
ibility analysis for small businesses and a rural area ﬂexibility analysis
may be required.
Amendment of Part 69 of the Commissioner’s Regulations relating
to licensure by endorsement provisions for architects. A re gulatory
ﬂexibility analysis for small businesses and a rural area ﬂe xibility
analysis may be required.
Amendment of Part 70 of the Commissioner’s Regulations relating
to the deﬁnitions of public accountancy and the certiﬁed pub lic ac-
countancy professions. A regulatory ﬂexibility analysis for small busi-
nesses and a rural area ﬂexibility analysis may be required.
Agency Representative:
Information may be obtained, and written comments may be
submitted, concerning any of the above proposed amendments by
contacting: Douglas E. Lentivech, Deputy Commissioner for the
Professions, New York State Education Department, Ofﬁce of the
Professions, 89 Washington Avenue, West Wing, Second Floor -
Education Building, Albany, NY 12234, (518) 486-1765,
opdepcom@nysed.gov
OFFICE OF CULTURAL EDUCATION
Amendment of Part 90 of the Commissioner’s Regulations, relating
to the library and library system programs and services. A re gulatory
ﬂexibility analysis for local government and a rural area ﬂe xibility
analysis may be required.
Agency Representative:
Information may be obtained, and written comments may be
submitted, concerning the above proposed amendment by contacting:
Bernard A. Margolis, State Librarian and Assistant Commissioner for
Libraries, New York State Education Department, New York St ate
Library, Room 10C34, Albany, NY 12230, (518) 474-5930,
Bernard.Margolis@nysed.gov
Amendment of Part 188 of the Commissioner’s Regulations related
to state government archives and records management to upda te the
agency fee list to match the current organizational structure of execu-
tive branch agencies. A regulatory ﬂexibility analysis for local govern-
ment and a rural area ﬂexibility analysis may be required.
Amendment of Part 188 of the Commissioner’s Regulations related
to state government archives and records management to upda te the
annual fees for storage of records in a records center facility. A regula-
tory ﬂexibility analysis for local government and a rural ar ea ﬂex-
ibility analysis may be required.
Agency Representative:
Information may be obtained, and written comments may be
submitted, concerning any of the above proposed amendments by
contacting: Tom Ruller, Assistant Commissioner for the State Ar-
chives, 9C49 Cultural Education Center, Albany, NY 12230, ( 518)
474-5561, Tom.Ruller@nysed.gov
OFFICE OF ADULT CAREER AND CONTINUING EDUCA-
TION SERVICES (ACCES)
Amendment of Parts 246 and 247 of the Commissioner’s Regula-
tions, regarding conforming and technical amendments pert aining to
the vocational rehabilitation and independent living prog rams. A
regulatory ﬂexibility analysis for local government and a r ural area
ﬂexibility analysis may be required.
Amendment of Part 246 of the Commissioner’s Regulations, relat-
ing to sheltered workshop programs and community rehabilit ation
providers, necessary to conform to federal regulations and to reﬂect
new standards for services established in contracts. A regulatory ﬂex-
ibility analysis for local government and a rural area ﬂexibility analy-
sis may be required.
Amendment of Parts 246 and 247 of the Commissioner’s Regula-
tions relating to the State vocational rehabilitation prog ram operatedpursuant to Title I of the Rehabilitation Act, as may be appropriate to
conform to changes resulting from the passage of the Workfor ce In-
novation and Opportunity Act (WIOA) on July 22, 2014, which
amended the Rehabilitation Act. The federal regulations were released
on August 19, 2016. A regulatory ﬂexibility analysis for local govern-
ment and a rural area ﬂexibility analysis may be required.
Agency Representative:
Information may be obtained, and written comments may be
submitted, concerning the modiﬁcation or continuation of a ny of the
above rules by contacting: Lisa Van Ryn, Manager, VR Resourc e
Development, Ofﬁce of Adult Career and Continuing Educatio n Ser-
vices, Room 580, EBA, 89 Washington Avenue, Albany, NY 12234 ,
(518) 473-1626, Lisa.VanRyn@nysed.gov
Amendment of Part 247 of the Commissioner’s Regulations, regard-
ing aid for blind or deaf students in relation to the purchase and use of
supports for the education of students who are blind, deaf, deaf-blind
or hard of hearing. Regulatory changes may be necessary to im ple-
ment recently enacted legislation. A regulatory ﬂexibility analysis for
local government and a rural area ﬂexibility analysis may be required.
Raymond Pierce, Manager, Service Delivery, Ofﬁce of Adult Career
and Continuing Education Services, Room 580, EBA, 89 Washington
Avenue, Albany, NY 12234, (518) 473-1626,
Raymond.Pierce@nysed.gov
Amendment of section 126.4(e)(2)(i) of the Commissioner’s
Regulations relating to standards and methods of instruction to revise
the language to say: except as provided in subparagraph (iii ) of this
paragraph, and notwithstanding any other provisions of law , any
student who is absent more than 15 percent of the total number of
instructional hours offered during each marking period of the student’s
program, excluding approved leaves of absence pursuant to paragraph
(6) of this subdivision, or who has not maintained satisfact ory aca-
demic progress, shall be dismissed or placed on academic probation in
accordance with subparagraph (iii) of this paragraph. A reg ulatory
ﬂexibility analysis for local government and a rural area ﬂe xibility
analysis may be required.
Amendment of section 126.4(g) of the Commissioner’s Regulations
relating to standards and methods of instruction to add the following:
All courses or curricula offered at no cost to a student by a sc hool
shall comply with all requirements of this Part, except non-
occupational courses as deﬁned by section 5002(1)(c) of the Educa-
tion Law. A regulatory ﬂexibility analysis for local government and a
rural area ﬂexibility analysis may be required.
Amendment of section 126.4(i) of the Commissioner’s Regulations
relating to standards and methods of instruction to revise i t to say:
Notwithstanding any other provisions of this Part, non-occ upational
courses, as deﬁned by section 5002(1)(c) of the Education Law, shall
be subject to the following alternate educational and curri culum
standards. 126.4(i)(4) teachers of non-occupational courses shall meet
the requirements for a special lecturer as set forth in section 126.6(m)
of this Part. A regulatory ﬂexibility analysis for local government and
a rural area ﬂexibility analysis may be required.
Amendment of section 126.6 of the Commissioner’s Regulatio ns
relating to qualiﬁcations of teaching and management perso nnel to
change the word “mailed” to “provided” and remove the words “ and
postmarked” as follows:
Each applicant shall submit, in a format speciﬁed by the comm is-
sioner, such data concerning the education, training, expe rience and
other qualiﬁcations, including supporting documentation , of the
administrative, supervisory and instructional staff of the school as the
commissioner may require. Upon submission of an applicatio n for a
director, the owner shall attest to the applicant’s ability to comply
with the provisions of this section. Pursuant to section 5002(6) of the
Education Law, all applications for teachers and directors shall be
provided to the commissioner four days prior to employment a t the
school, and must be completed, with all supporting materials and fees
required for evaluation of the ﬁle, within 20 days thereafter. However,
the commissioner, for good cause shown, may extend the time within
which to complete the application. When a complete applicat ion is
made, the commissioner shall act upon such application with in 30
days. If no written denial is made within 30 days, the application shallNYS Register/January 3, 2018 Regulatory Agenda
92be deemed to be approved until the commissioner acts upon it or until
the end of the term or semester, whichever occurs ﬁrst. If a wr itten
denial is made after the 30-day period, the commissioner may allow
the applicant to teach at the school for the remainder of the term or se-
mester if the commissioner determines that the removal of the teacher
would not be in the best interest of students. If a teacher or director ap-
plication, submitted to the department less than four days prior to the
employment of such individual, is evaluated and it is subseq uently
determined that the applicant is not qualiﬁed pursuant to th e provi-
sions of this section, the school may be subject to disciplinary action
pursuant to section 5003 of the Education Law, if such conduct consti-
tutes a pattern of abuse. As used in this subdivision, a pattern of abuse
is deﬁned as violations which occur three or more times in a 12-month
period.
A regulatory ﬂexibility analysis for local government and a rural
area ﬂexibility analysis may be required.
Amendment to the Commissioner’s Regulations section 126.7 to
read: If a transcript, diploma, certiﬁcate, or other docume nt evidenc-
ing satisfactory program or course completion is to be withh eld until
all fees and charges have been met, the enrollment agreement must so
state. A regulatory ﬂexibility analysis for local government and a rural
area ﬂexibility analysis may be required.
Agency Representative:
Information may be obtained, and written comments may be
submitted, concerning the modiﬁcation or continuation of a ny of the
above rules by contacting: Dr. Richard A. Rose, Director, Bu reau of
Proprietary School Supervision, Ofﬁce of Adult Career and C ontinu-
ing Education Services, Room 560, EBA, 89 Washington Avenue ,
Albany, NY 12234, (518) 474-3969, Richard.Rose@nysed.gov
OFFICE OF MANAGEMENT SERVICES
Amendment of Parts 187 and 188 to update regulations relatin g to
the inspection and copying of State Education Department re cords
and to State Government Archives and Records Management. A
regulatory ﬂexibility analysis and/or a rural area ﬂexibil ity analysis
may be required.
Agency Representative:
Information may be obtained, and written comments may be
submitted, concerning any of the above proposed amendments by
contacting: Alison Bianchi, Counsel and Deputy Commission er for
Legal Affairs, State Education Building, Room 112, 89 Washi ngton
Ave., Albany, NY 12234, (518) 474-6400, legal@nysed.gov
Ofﬁce of the Medicaid Inspector General
Pursuant to State Administrative Procedure Act (SAPA) § 202 -d,
the Ofﬁce of the Medicaid Inspector General (“OMIG”) presen ts its
regulatory agenda. The following regulations are under consideration
by OMIG for submission as Notices of Proposed Rulemaking in 2018.
All sections and parts refer to Title 18 of the New York Code of Rules
and Regulations. OMIG reserves the right to add, delete or mo dify,
without further notice, except as required by SAPA, any item or infor-
mation presented herein relating to the 2018 Regulatory Age nda.
Updated Regulatory Agendas may be found on OMIG’s website at :
http://www.omig.ny.gov.
Below is a brief description of the regulations, by subject m atter,
that are under review by OMIG:
515.1 Scope and Deﬁnitions – Amend to add new or clarify existing
deﬁnitions.
515.2 Unacceptable Practices – Amend to identify new or clar ify
existing unacceptable practices under the medical assistance program.
515.3 Authority to Sanction – Amend to clarify authority to s anc-
tion afﬁliates.
515.5 Sanctions; Effect – Amend to consolidate sanction deﬁnitions
and to clarify the effect of each sanction.
515.7 Immediate Sanctions – Amend to clarify existing guide lines
for immediate sanctions.
515.8 Mandatory Exclusions – Amend to clarify new and existi ng
guidelines for mandatory exclusions.516.1 Policy, Scope and Deﬁnitions – Amend to specify the sta n-
dards of the medical assistance program and the basis for mon etary
penalties.
516.4 Notiﬁcation and Hearings – Amend to clarify notiﬁcati on
procedures.
516.5 Effect and Enforcement of the Penalty – Amend to clarify the
authority to sanction and recover overpayments in relation to monetary
penalties.
517.3 Audit and Record Retention – Amend to update audit and rec-
ord retention requirements.
518.2 Deﬁnitions – Amend to include deﬁnition of a credible a lle-
gation of fraud.
518.3 Liability for Overpayments – Amend to clarify joint and sev-
eral liability for overpayments.
518.5 Recovery of Overpayments, Procedure – Amend to clarif y
the procedures for recovering overpayments.
518.6 Recoupment of Overpayments – Amend to identify overpay-
ment recoupment authority and procedure.
518.7 Withholding of Payments – Amend to clarify the guideli nes
and procedures for withholding payments.
518.8 Recovery of Overpayments Pending a Hearing – Amend to
clarify the procedures for the recovery of overpayments pen ding a
hearing.
519.4 Right to a Hearing – Amend to clarify the situations in which
a person is or is not entitled to a hearing.
519.7 Request for a Hearing – Amend to clarify mailing addres s
and procedures for hearing requests.
Part 521 Provider Compliance Programs – Amend to specify and
clarify the requirements of provider compliance programs.
CONTACT PERSON: Ofﬁce of the Medicaid Inspector General,
Michael T. D’Allaird, Esq., Associate Attorney, 800 N. Pear l St.,
Albany, NY 12204, (518) 408-5803, rulemaking@omig.ny.gov
Workers’ Compensation Board
Pursuant to section 202-d of the State Administrative Proce dures
Act, notice is hereby provided of the following rules which the Work-
ers’ Compensation Board (Board) is considering proposing b ut for
which a rule making proceeding has not been commenced. All re fer-
ences are to Title 12 of the New York Code of Rules and Regulations
unless otherwise noted. The Board’s regulatory plans are su bject to
change, and the Board reserves the right to add, delete, or modify any
item herein. The Board is not required to propose for adoptio n any
rule summarized in this regulatory agenda. In addition, the Board may
propose a rule for adoption which was not under consideration at the
time that this regulatory agenda was submitted for publication.
This notice is also intended to provide small businesses, lo cal
governments, and public and private interests in rural area s with the
opportunity to participate in the rule-making process, as provided for
in sections 202-b and 202-bb of the State Administrative Pro cedures
Act. All of the rules described below may require a Regulatory Flex-
ibility Analysis for Small Businesses and Local Government s and a
Rural Area Flexibility Analysis pursuant to sections 202-b and 202-bb
of the State Administrative Procedures Act, respectively.
The public is welcome to send written comments on the Board’s
Regulatory Agenda to the contact person at the end of this list.
The Chair and/or the Board is considering proposing the rule s
described below:
1. Amend section 313 to clarify that a Board decision is not a p re-
requisite to the parties’ compliance with statutory and reg ulatory
obligations and to set forth the criteria when a Board decision will be
issued.
2. Add a new section 300.39 to establish rules for the cross-
examination of medical witnesses and to repeal section 300.10(c).
3. Amend section 325-1.25 to permit the Chair to require electronic
submission of medical bill objections.
4. Add Part 304 describing the process for ﬁling and adjudication ofNYS Register/January 3, 2018 Regulatory Agenda
93discrimination claims against an employer pursuant to section 120 of
the WCL for retaliation in ﬁling of workers’ compensation claims.
5. Amend Part 440 to implement the prescription drug formula ry
that Workers’ Compensation Law § 13-p mandates the Workers’
Compensation Board adopt.
The Board will continue to review its rules in an effort to pro vide
for clearer and more accurate references to Board policies a nd
procedures, while also eliminating typographical errors a nd obsolete
forms/practices, etc.
To obtain information about or submit written comments conc ern-
ing any item in this Regulatory Agenda, contact : Heather M. MacMas-
ter, Deputy General Counsel, Workers’ Compensation Board, 328
State St., Schenectady, NY 12305-2318, (518) 486-9564, e-m ail:
regulations@wcb.ny.govNYS Register/January 3, 2018 Regulatory Agenda
94