(f) Incorporation by reference. The provisions of the Code of Federal Regulations which have been incorporated in this Part have been filed in the Office of the Secretary of State of the State of New York, the publications so filed being the books entitled: Code of Federal Regulations, Title 49, Parts 100 to 177, Parts 178 to 199, Parts 200 to 299 and Parts 300 to 399, revised as of October 1, 2013 [1990], published by the Office of the Federal Register, National Archives and Records Administration, as a special edition of the Federal Register. The regulations incorporated by reference may be examined at the office of the Department of State, One Commerce Plaza, 99 Washington Avenue, Albany, NY 12231-0001, [162 Washington Avenue, Albany, NY 12231,] at the Libraries of the New York Supreme Court, the Legislative Library, the New York State Department of Transportation, Office of Counsel or Central Permit Office, 50 Wolf Road, [Traffic and Safety Division, State Office Campus, Building 5,] Albany, NY 12232. They may also be purchased from the Superintendent of Documents, Government Printing Office, Washington, DC 20402-0001. Copies of the Code of Federal Regulations are also available at many [may] public libraries and bar association libraries.

17 NYCRR section 154-2.1(e) is amended to read as follows:

(e) Incorporation by reference. The provisions of the Code of Federal Regulations which have been incorporated in this Subpart have been filed in the Office of the Secretary of State of the State of New York, the publications so filed being the books entitled: Code of Federal Regulations, Title 49, Parts 100 to 177, Parts 178 to 199, Parts 200 to 299 and Parts 300 to 399, revised as of October 1, 2013 [1990], published by the Office of the Federal Register, National Archives and Records Administration as a special edition of the Federal Register. The regulations incorporated by reference may be examined at the office of the Department of State, One Commerce Plaza, 99 Washington Avenue, Albany, NY 12231-0001, [162 Washington Avenue, Albany, NY 12231,] at the Libraries of the New York Supreme Court, the Legislative Library, the New York State Department of Transportation, Office of Counsel or Central Permit Office, 50 Wolf Road, [Traffic and Safety Division, State Office Campus, Building 5,] Albany, NY 12232. They may also be purchased from the Superintendent of Documents, Government Printing Office, Washington, DC 20402-0001. Copies of the Code of Federal Regulations are also available at many [may] public libraries and bar association libraries.

17 NYCRR section 720.12(a) is amended to read as follows:

17 NYCRR 720.12 Incorporation by reference.

(a) [Incorporation by certain Federal regulation by reference.] The provisions of the Code of Federal Regulations which have been incorporated by reference in this Part have been filed in the Office of the Secretary of State of the State of New York, the publication so filed being the book[let]s entitled: Code of Federal Regulations, Title 49, Parts 100 to 177 [185], [parts 200 to 399 (NYSDOS File No. 943, File Date June 23, 1997, Tracking No. CFR-95-10) and parts 400 to 999 (NYSDOS File No. 1701, File Date September 1, 1998, Tracking No. CFR-97-5) revised as of October 1, 1997,] Parts 178 to 199, Parts 200 to 299, Parts 300 to 399, Parts 400 to 571 and Parts 572 to 999, revised as of October 1, 2013 [1997], published by the Office of the Federal Register, National Archives and Records Administration, as a special edition of the Federal Register. The regulations incorporated by reference may be examined at the Office of the Department of State, One Commerce Plaza, 99 Washington Avenue, [41 State Street,] Albany, NY 12231-0001, at the law libraries of the New York State Supreme Court, the Legislative Library, the New York State Department of Transportation, Office of Counsel or Motor Carrier Compliance Bureau, 50 Wolf Road, [State Office Campus,] Albany, NY 12232. They may also be purchased from the Superintendent of Documents, Government Printing Office, Washington, DC 20402-0001. Copies of the Code of Federal Regulations are also available at many public libraries and bar association libraries.

17 NYCRR section 721.6 is repealed.

A new section 17 NYCRR 721.6 is added to read as follows:

17 NYCRR section 820.14 is amended to read as follows:

17 NYCRR section 820.14. Incorporation by reference.

The provisions of the Code of Federal Regulations which have been incorporated by reference in this Part have been filed in the Office of the Secretary of State of the State of New York, the publication so filed being the books entitled: Code of Federal Regulations, Title 49, Parts 100 to 177, Parts 178 to 199, Parts 200 to 299, Parts 300 to 399, revised as of October 1, 2013 [2003], published by the Office of the Federal Register, National Archives and Records Administration, as a special edition of the Federal Register. The regulations incorporated by reference may be examined at the Office of the Department of State, One Commerce Plaza, 99 Washington Avenue, Albany, NY 12231-0001, [41 State Street, Albany, NY 12231] at the law libraries of the New York State Supreme Court, the Legislative Library, the New York State Department of Transportation, Office of Counsel or Motor Carrier Compliance Bureau, 50 Wolf Road, Albany, NY 12232. They may also be purchased from the Superintendent of Documents, Government Printing Office, Washington, DC 20402-0001. Copies of the Code of Federal Regulations are also available at many public libraries and bar association libraries.

17 NYCRR Part 845 is repealed.

A new 17 NYCRR Part 845 is added to read as follows:

The title of 17 NYCRR Part 855 is amended to read as follows: INSURANCE REQUIREMENTS FOR MOTOR CARRIERS OF PROPERTY [AND BROKERS]

17 NYCRR section 855.2 is amended to read as follows:

Section 855.2. Minimum levels of financial responsibility for interstate motor carriers of property. [Brokers.]

Incorporation by reference. The Commissioner of Transportation adopts Part 387 of Title 49 of the Code of Federal Regulations with the same force and effect as though herein fully set forth at length for for-hire motor carriers of property operating motor vehicle in interstate and foreign commerce and motor carriers transporting hazardous materials, hazardous substances, or hazardous wastes in interstate, intrastate, or foreign commerce. The provisions of the Code of Federal Regulations which have been incorporated in this Part have been filed in the Office of the Secretary of State of the State of New York, the publications so filed being the books entitled: Code of Federal Regulations, Title 49, Parts 100 to 185, Parts 186 to 199, Parts 200 to 299 and Parts 300-399, revised as of October 1, 2013, published by the Office of the Federal Register, National Archives and Records Administration, as a special edition of the Federal Register. The regulations incorporated by reference may be examined at the office of the Department of State, One Commerce Plaza, 99 Washington Avenue, Albany, NY 12231-0001, at the Libraries of the New York Supreme Court, the Legislative Library, the New York State Department of Transportation, Office of Counsel or Central Permit Office, 50 Wolf Road, Albany, NY 12232. They may also be purchased from the Superintendent of Documents, Government Printing Office, Washington, DC 20402-0001. Copies of the Code of Federal Regulations are also available at many public libraries and bar association libraries. [Every broker shall secure and maintain and file with this commissioner a corporate bond or policy of insurance in a company authorized to do business in this State by the Superintendent of Insurance, conditioned to insure financial responsibility and the supplying of authorized transportation in accordance with contracts, agreements or arrangements therefore. The bond or policy shall have a minimum liability of $10,000.]

Agency consensus determination per SAPA section 202(1)(b)(i).

The New York State Department of Transportation (NYSDOT) engages in commercial motor vehicle enforcement activities under the Motor Carrier Safety Assistance Program (MCSAP). MCSAP provides federal financial assistance to states in order to reduce the number and severity of accidents and hazardous materials incidents involving commercial motor vehicles. The Federal Motor Carrier Safety Administration (FMCSA), the federal oversight agency, sets the conditions for participation by states and local jurisdictions and promotes the adoption and uniform enforcement of safety rules, regulations, and standards compatible with the federal motor carrier safety regulations and federal hazardous material regulations for both interstate and intrastate motor carriers and drivers. The FMCSA has adopted standards for commercial motor vehicles and drivers that apply to any vehicle being operated in interstate commerce. These regulations, which appear in Title 49 of the Code of Federal Regulations (CFR), have been incorporated by reference into the NYSDOT regulations in Title 17 NYCRR.

Updates to Title 49 CFR regulations are published in new editions released on the first day of October in each year. Over the years, changes have been made to these regulations; while many of the safety standards remain unchanged, there have been additions, deletions and amendments. In addition, since the last time the Title 49 CFR regulations were incorporated by reference into Title 17 NYCRR, some of the part numbers of the federal regulations have changed. Finally, the addresses for the state agencies referenced in the NYSDOT regulations (Department of State (NYSDOS) and Transportation) have changed.

NYSDOT has determined that no person is likely to object to the amendment of 17 NYCRR parts as herein proposed, as the purpose of the rulemaking is to update the edition of Title 49 CFR regulations which are incorporated by reference into Title 17 NYCRR to 10/1/2013, update addresses of state agencies, and correct some minor typographical errors. This rulemaking does not represent a change in NYSDOT policy or practice.

1. Nature of impact: The proposed rule changes are being advanced for the purpose of updating the code of federal regulations (CFR) incorporated into Title 17 NYCRR regulations. The rule changes are not expected to have a resultant impact on jobs, because the associated New York State Department of Transportation (NYSDOT) enforcement activity will be consistent with past practice. Upon the filing of a notice of adoption pending expiration of the 45 day public comment period, the material incorporated by reference into Title 17 NYCRR from Title 49 CFR will be the CFR edition dated 10/1/2013. The CFR Parts in question have been renumbered and amended since last incorporated by reference in Title 17 NYCRR, and the present re-incorporation is necessary to include under Title 17 NYCRR the current provisions of federal regulations which have historically been enforced by NYSDOT Motor Carrier Investigations personnel.

2. Categories and numbers affected: NYSDOT participates in motor carrier enforcement with police agencies, and on its own initiative, performs inspections of vehicles and drivers and motor carrier compliance reviews. These reviews and inspections are performed using the standards that are found in the CFR regulations historically incorporated by reference in 17 NYCRR. Neither the frequency of inspections nor the basis for NYSDOT enforcement action is expected to change in any way.

3. Regions of adverse impact: Inspections and reviews are conducted pursuant to Department policy and there is no variance in the methodology across regions. No adverse impact on jobs in any particular region or regions is anticipated.

4. Minimizing adverse impact: The purpose of performing motor carrier enforcement activities is the advancement of public safety through verification of compliance with state law and regulation pertaining to motor carrier safety; consequently, there are no adverse impacts.