View Document - New York State Register

Removing a Racially Offensive Term That Appears in the Regulations

NY-ADR

7/20/11 N.Y. St. Reg. ENV-29-11-00003-P

NEW YORK STATE REGISTER

VOLUME XXXIII, ISSUE 29

July 20, 2011

RULE MAKING ACTIVITIES

DEPARTMENT OF ENVIRONMENTAL CONSERVATION

PROPOSED RULE MAKING

NO HEARING(S) SCHEDULED

I.D No. ENV-29-11-00003-P

Removing a Racially Offensive Term That Appears in the Regulations

PURSUANT TO THE PROVISIONS OF THE State Administrative Procedure Act, NOTICE is hereby given of the following proposed rule:

Proposed Action:

This is a consensus rule making to amend sections 821.6, 847.5 and 878.6 of Title 6 NYCRR.

Statutory authority:

Environmental Conservation Law, sections 17-0301 and 17-0303

Subject:

Removing a racially offensive term that appears in the regulations.

Purpose:

To remove a racially offensive term that appears in the regulations.

Text of proposed rule:

821.6 Table I.

TABLE I

CLASSIFICATION AND STANDARDS OF QUALITY AND PURITY ASSIGNED TO FRESH SURFACE WATERS WITHIN THE UPPER GENESEE RIVER DRAINAGE BASIN, ALLEGANY, CATTARAUGUS, GENESEE, LIVINGSTON, MONROE, ONTARIO, ORLEANS, STEUBEN AND WYOMING COUNTIES, NEW YORK

	Waters			Map
Item	Index			Ref.
No.	Number	Name	Description	No.	Class	Standards
(Item Nos. 1 through 433 remain unchanged)
434	Ont. 117-178a	[Nigger Spring Run]		M-8	C	C
		Tributary of
		Genesee River
(Item Nos. 435 through 494 remain unchanged)

847.5 Table I

TABLE I

CLASSIFICATIONS AND STANDARDS OF QUALITY AND PURITY ASSIGNED TO FRESH SURFACE WATERS WITHIN THE LAKE ONTARIO DRAINAGE BASIN, CAYUGA, GENESEE, JEFFERSON, LEWIS, MONROE, NIAGARA, ONEIDA, ORLEANS, OSWEGO AND WAYNE COUNTIES, NEW YORK

	Waters			Map
Item	Index			Ref.
No.	Number	Name	Description	No.	Class	Standards
(Item Nos. 1 through 418 remain unchanged)
419	Ont. 58-9-13-P 48	Coan Pond	Lies at head of Ont. 58-9-13 with outlet [0.2 mile north of Nigger Pond Road and] 1.0 mile east of Amboy-Parish town line.	G-16nw	B	B
(Item Nos. 420 through 710 remain unchanged)

878.6 Table I.

TABLE I

CLASSIFICATIONS AND STANDARDS OF QUALITY AND PURITY ASSIGNED TO FRESH SURFACE WATERS WITHIN THE EAST CANADA CREEK DRAINAGE BASIN, FULTON, HAMILTON, HERKIMER AND MONTGOMERY COUNTIES, NEW YORK, EXCEPT WATERS CONTAINED WITHIN BOUNDARIES OF STATE-OWNED FOREST PRESERVE LANDS

	Waters			Map
Item	Index			Ref.
No.	Number	Name	Description	No.	Class	Standards
(Item Nos. 1 through 126 remain unchanged)
127	H-240-144-13-P 717-4 and tribs. Including P 738, P 738a, P 714	Tribs. of Canada Lake	[Nigger Lake (P 738).] Mud Lake (P 714). Waters are located within forest preserve.	H-21ne
(Item Nos. 128 through 199 remain unchanged)

Map "H-21 ne" is repealed. A new Map "H-21 ne" is adopted. See Appendix in this issue of the Register.

Text of proposed rule and any required statements and analyses may be obtained from:

Robert Simson, NYS Department of Environmental Conservation, 625 Broadway, Albany, NY 12233-3500, (518) 402-8271, email: [email protected]

Data, views or arguments may be submitted to:

Same as above.

Public comment will be received until:

45 days after publication of this notice.

Consensus Rule Making Determination

The Department of Environmental Conservation (DEC) is proposing revisions to 6 NYCRR Parts 821, 847 and 878. The revisions will remove racially offensive names contained in these regulations.

DEC has determined that no person is likely to object to the adoption of the rule as written.

Job Impact Statement

The Department of Environmental Conservation (DEC) is proposing revisions to 6 NYCRR Parts 821, 847 and 878. The revisions will remove racially offensive names contained in these regulations.

The changes will not affect the substance of the regulatory requirements. DEC has therefore determined that this rulemaking will not have an impact on jobs and employment opportunities. Accordingly, a job impact statement is not required for this rulemaking.

End of Document