Introduction

Each year, pursuant to SAPA, the Department publishes a Regulatory Agenda in the State Register and on its website. This is a listing of the regulations that may be proposed for adoption or amendment 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 typographical errors, and other minor corrections to ensure consistent implementation across regions. This rule making will require a Regulatory Flexibility Analysis for Small Businesses and Local Governments and a Rural Area Flexibility Analysis. Contact: Mark Lanzafame, Department of Environmental Conservation, 625 Broadway, Albany, NY 12233-3255, (518) 402-8403. E-mail: [email protected] 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 Emission 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 Flexibility Analysis. Contact: Carlos Mancilla, Department of Environmental Conservation, 625 Broadway, Albany, NY 12233-3251, (518) 402-8396. E-mail: [email protected] 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 emissions from the oil and gas sector. This regulation will address and expand upon EPA’s control technique guideline. This rule making will require a Regulatory Flexibility Analysis for Small Businesses and Local 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: [email protected] 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) limits. This rule making will require a Regulatory Flexibility Analysis for Small Businesses and Local 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: [email protected] 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, Emission Guidelines and Compliance Times for Municipal Solid Waste Landfills. The revisions may also include additional measures that will assist in meeting the goals of the State’s Methane Reduction Plan. This rule making will require a Regulatory Flexibility Analysis for Small Businesses and Local Governments and a Rural Area Flexibility Analysis. Contact: Daniel Brinsko, Department of Environmental Conservation, 625 Broadway, Albany, NY 12233-3255, (518) 402-8403. E-mail: [email protected] Please include the Part number when emailing.

6 NYCRR Part 212, Process Operations. This proposal will repeal subpart 212-4, Control of nitrogen oxides for hot mix asphalt production plants and create a new regulation (or expand 212-4, not decided yet) to specifically address the emissions of particulate, carbon monoxide, sulfur dioxide, NOx and High Toxicity Air Contaminants (HTAC) such as formaldehyde, benzene and polycyclic aromatic hydrocarbons. The proposed regulation will enact stricter requirements for new sources built after the applicability date while addressing 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) regulation which controls the emissions of High Toxicity Air Contaminants. This rule making will require a Regulatory Flexibility Analysis for Small Businesses and Local Governments and a Rural Area Flexibility Analysis and a Job Impact Analysis. Contact: Steven DeSantis, Department of Environmental Conservation, 625 Broadway, Albany, NY 12233-3251, (518) 402-8402. E-mail: [email protected] 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 currently apply to 1993, 1994, 1996 and subsequent model-year light and medium duty vehicles. This rule making will require a Regulatory Flexibility Analysis for Small Businesses and Local Governments and a Rural Area Flexibility Analysis. Contact: Jeff Marshall, Department of Environmental Conservation, 625 Broadway, Albany, New York 12233-3255, (518) 402-8292. E-mail: [email protected] Please include 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 technology and reduce emissions of particulate matter from new crematories constructed in the state. In addition, Division of Air will sunset existing Subparts 219-5 and 219-6 by requiring that existing units subject to these requirements be regulated by more stringent standards. Furthermore, a new Subpart 219-10 will be proposed to set a limit on nitrogen oxide (NOx) emissions from municipal waste combustors. This rule making will require a Regulatory Flexibility Analysis for Small Businesses and Local Governments and a Rural Area Flexibility Analysis. Contact: Mark Lanzafame, Department of Environmental Conservation, 625 Broadway, Albany, New York 12233-3255, (518) 402-8403. E-mail: [email protected] 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 rule adopted on November 1, 2016. This rule making will require a Regulatory Flexibility Analysis for Small Businesses and Local Governments and a Rural Area Flexibility Analysis. Contact: John Barnes, Department of Environmental Conservation, 625 Broadway, Albany, New York 12233-3255, (518) 402-8396. E-mail: [email protected] 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 Department 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, the incorporation of federal waste oil pollutant content limits, the updating of monitoring, recordkeeping, and reporting requirements, and the relocating of specific definitions from Subpart 225-2 to 6 NYCRR Part 200, General Provisions. The new regulation will redefine what emission sources are eligible to fire waste oil, either as a permitted or exempt emission source, and will lower the exempt source size eligibility threshold to match the size requirement in State and federal hazardous waste regulations. This rule making will require a Regulatory Flexibility Analysis for Small Businesses and Local Governments and a Rural Area Flexibility Analysis. Contact: Mike Jennings, Department of Environmental Conservation, 625 Broadway, Albany, NY 12233-3255, (518) 402-8403. E-mail: [email protected] Please include the Part number when emailing.

6 NYCRR Part 226, Solvent Metal Cleaning Processes. The existing regulation will be amended to remove “out-of-date” regulatory references, update work practices, and establish requirements that meet the federal control techniques guideline (CTG) for industrial cleaning solvents. This rule making will require a Regulatory Flexibility Analysis for Small Businesses and Local Governments and a Rural Area Flexibility Analysis. Contact: John Henkes, Department of Environmental Conservation, 625 Broadway, Albany, NY 12233-3255, (518) 402-8403. E-mail: [email protected] 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 permissible emission rates for particulate matter for both solid and liquid fuels. This rule making will require a Regulatory Flexibility Analysis for Small Businesses and Local Governments and a Rural Area Flexibility Analysis. Contact: Mike Jennings, Department of Environmental Conservation, 625 Broadway, Albany, NY 12233-3255, (518) 402-8403. E-mail: [email protected] Please include the Part number when emailing.

6 NYCRR Subpart 227-2, NOx RACT. A review of the NOx emission limits for peaking turbines will be conducted. This rule making will require a Regulatory Flexibility Analysis for Small Businesses and Local 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: [email protected] Please include the Part number when emailing.

6 NYCRR Subpart 228-1, Surface Coating Facilities. Existing Subpart 228-1 will be revised to lower the volatile organic compound limits for surface coatings used in motor vehicle and mobile equipment repair and refinishing. This rule making will require a Regulatory Flexibility Analysis for Small Businesses and Local Governments and a Rural Area Flexibility Analysis. Contact: Marie Barnes, Department of Environmental Conservation, 625 Broadway, Albany, NY 12233-3251, (518) 402-8396. E-mail: [email protected] 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 testing requirements for gasoline dispensing sites (gas stations) and to conform more closely with new federal requirements and guidance. The proposed changes will also require prior notification to the Department for each test; as well as new vapor leak detection equipment; and remove Stage II requirements. This rule making will require a Regulatory Flexibility Analysis for Small Businesses and Local Governments and a Rural Area Flexibility Analysis. Contact: Denise Prunier, Department of Environmental Conservation, 625 Broadway, Albany, NY 12233-3255, (518) 408-5574. E-mail: [email protected] 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 on emissions of greenhouse gases (GHGs) and requirements for particulate 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 Flexibility Analysis for Small Businesses and Local Governments and a Rural Area Flexibility Analysis. Contact: Steven Yarrington, Department of Environmental Conservation, 625 Broadway, Albany, NY 12233-3254, (518) 402-8403. E-mail: [email protected] Please include the Part number when emailing.

6 NYCRR Part 235, Consumer Products. The existing regulation will be updated to implement additional Volatile Organic Compound (VOC) product content limits. This rule making will require a Regulatory Flexibility Analysis for Small Businesses and Local 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: [email protected] 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 consistent 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 Flexibility Analysis. Contact Laura Stevens, Department of Environmental Conservation, 625 Broadway, Albany, NY 12233-3251, (518) 402-8396. E-mail: [email protected] Please include the Part number 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 the Cross-State Air Pollution Rule adopted by the Environmental Protection Agency (EPA). These rules will be submitted to EPA as revisions to the New York State Implementation Plan. This rule making will require a Regulatory Flexibility Analysis for Small Businesses and Local Governments. Contact: Marie Barnes, Department of Environmental Conservation, 625 Broadway, Albany, NY 12233-3251, (518) 402-8396. E-mail: [email protected] 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 Local 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: [email protected] 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 existing electric generating facilities. This rule making will require a Regulatory Flexibility Analysis for Small Businesses and Local Governments and a Rural Area Flexibility Analysis. Contact: Laura Stevens, Department of Environmental Conservation, 625 Broadway, Albany, NY 12233-3251, (518) 402-8396. E-mail: [email protected] 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 number of these SAQS are outdated and have been superseded by Federal air quality standards and will be repealed or revised. The Department proposes to make the necessary changes to this regulation to achieve parity with federal standards and support its mission to preserve and protect air quality. This rule making will require a Regulatory Flexibility Analysis for Small Businesses and Local Governments and a Rural Area Flexibility Analysis and a Job Impact Analysis. Contact: Steven DeSantis, Department of Environmental Conservation, 625 Broadway, Albany, NY 12233-3251, (518) 402-8402. E-mail: [email protected] 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 corrections are proposed to correct inaccurate references and clarify permitting procedures. This rule making will require a Regulatory 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., Albany, NY 12233-1750, (518) 402-9168. E-mail: [email protected] 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 incorporate, as appropriate, (1) federal rules from January 2002 to present; (2) changes related to Standards for Hazardous Air Pollutants for Hazardous Waste Combustors (MACT rules) from September 1999 to present; and (3) State-initiated changes, including clarification of language and corrections of errors found in the regulations. This rule making will require a Regulatory Flexibility Analysis for Small Businesses and Local Governments, and a Rural Area Flexibility Analysis. Contact: Michelle Ching, Department of Environmental Conservation, Division of Environmental Remediation, 625 Broadway, Albany, NY 12233-7020, (518) 402-9553. E-mail: [email protected] 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 incorporate, as appropriate, six federal rules that were adopted between July 31, 2013 and November 28, 2016, which are: (1) Solvent-Contaminated Wipes Rule, published in Federal Register on July 31, 2013, which modifies provisions for laundering and reuse that are currently 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 dioxide streams in geological sequestration activities; (3) Electronic Manifest Rule, published in Federal Register on February 7, 2014, which 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 exclude 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 and updates the regulations for hazardous waste generators. This rule making will require a Regulatory Flexibility Analysis for Small Businesses and Local Governments, and a Rural Area Flexibility Analysis. Contact: Michelle Ching, Department of Environmental Conservation, Division of Environmental Remediation, 625 Broadway, Albany, NY 12233-7020, (518) 402-9553. E-mail: [email protected] Please include ‘FedReg6’ in the subject line when e-mailing.

6 NYCRR Part 375 (Subparts 375-1 to 375-4, and 375-6), Environmental Remediation Programs. The Department proposes to amend subparts 375-1 to 375-4, and 375-6 to (1) incorporate legislative mandates which modify the tax incentives offered under the Brownfield 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 regulations; (3) incorporate needed changes, clarifications, and modifications to the regulations based on the experience developed during the first decade of implementing the BCP. These changes will increase 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, resulting from the statutorily required five-year review. This rule making will require a Regulatory Flexibility Analysis for Small Businesses and Local Governments and a Rural Area Flexibility Analysis. Contact: William Ottaway, Department of Environmental Conservation, Division of Environmental Remediation, 625 Broadway, Albany, NY 12233-7020, (518) 402-9553. E-mail: [email protected] Please include ‘Part 375’ in the subject line when e-mailing.

6 NYCRR Part 384, Cleanup Criteria for Remediation of Sites Contaminated with Radioactive Material. This rule is being developed to adopt applicable sections of the federal Nuclear Regulatory Commission's (NRC) License Termination Rule (LTR), which establishes cleanup criteria for radiologically contaminated sites, and the Timeliness of Decommissioning Rule, which outlines necessary steps for the planning and implementing of site cleanups. Program staff are 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 Regulatory Flexibility Analysis for Small Businesses and Local Governments, and a Rural Area Flexibility Analysis. Contact: Timothy Rice, Department of Environmental Conservation, Division of Environmental Remediation, 625 Broadway, Albany, NY 12233-7255, (518) 402-8579. E-mail: [email protected] Please include ‘Part 384’ in the subject line when e-mailing.

6 NYCRR Part 483, Hazardous Waste Program Fees. This rule making will amend Part 483 to incorporate statutory changes made to the Hazardous Waste Program Fees in Environmental Conservation Law section 72-0402. This rule making will require a Regulatory Flexibility Analysis for Small Businesses and Local Governments and a Rural Area Flexibility Analysis. Contact: Karen Diligent, Department of Environmental Conservation, Division of Environmental Remediation, 625 Broadway, Albany, NY 12233-7012, (518) 402-9764. E-mail: [email protected] 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 revisions to the Chemical Bulk Storage (CBS) regulations, the Department proposes to amend Part 597 to update the list of hazardous substances and clarify the spill reporting requirements. The Department also proposes to repeal Parts 596, 598, and 599 and replace them with a new Part 598 to: (1) 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 U.S. Environmental Protection Agency (EPA) by incorporating new requirements from the federal regulations that the EPA promulgated in their July 2015 rule making; and (2) incorporate State-initiated changes pertaining to the administration of the CBS program and its consistency with the Petroleum 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, Division of Environmental Remediation, 625 Broadway, Albany, NY 12233-7020, (518) 402-9553. E-mail: [email protected] Please include ‘Parts 597 and 598’ in the subject line when e-mailing.

6 NYCRR Part 610, Certification of Onshore Major Facilities [Major Oil Storage Facility (MOSF) Regulations]. The Department proposes to repeal and replace Part 610 to: (1) incorporate appropriate language from the New York State Department of Transportation regulations, 17 NYCRR Parts 30, 31 and 32, that pertains to the 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 directing the administration of the MOSF program, which will make explicit in regulation the procedures set forth in the Department’s Program Policy DER-11, Procedures for Licensing Onshore Major Oil Storage Facilities; and (4) enhance monitoring, maintenance, procedures, and equipment requirements to prevent leaks and spills. 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, Division of Environmental Remediation, 625 Broadway, Albany, NY 12233-7020, (518) 402-9553. E-mail: [email protected] Please include ‘Part 610’ in the subject line when e-mailing.

6 NYCRR Part 611, Environmental Priorities and Procedures in Petroleum Cleanup and Removal. The Department proposes to repeal and replace Part 611 to incorporate requirements from Article 12 of the Navigation Law, which prohibits the discharge of petroleum 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 making will require a Regulatory Flexibility Analysis for Small Businesses and Local Governments and a Rural Area Flexibility Analysis. Contact: Kevin Hale, Department of Environmental Conservation, Division of Environmental Remediation, 625 Broadway, Albany, NY 12233-7020, (518) 402-9553. E-mail: [email protected] Please include ‘Part 611’ in the subject line when e-mailing.

6 NYCRR Part 613, Petroleum Bulk Storage Regulations. In this second phase of rulemaking for revisions to the Petroleum Bulk Storage (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 receive State Program Approval from EPA by incorporating new requirements from the federal regulations that the EPA promulgated in their July 2015 rule making; (2) clarify language of the existing requirements; and (3) incorporate State-initiated changes pertaining to the administration of the PBS program and its consistency with the CBS 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, Division of Environmental Remediation, 625 Broadway, Albany, NY 12233-7020, (518) 402-9553. E-mail: [email protected] 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 collection conflicts, simplify the existing inland baitfish licensing fee schedule, and modify the regulatory structure for use of commercial gill 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, Department of Environmental Conservation, Bureau of Fisheries, 625 Broadway, Albany, NY 12233, (518) 402-8896. E-mail: [email protected] 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 11-2101. 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 recreation and wildlife conservation. Where appropriate, revisions will more closely mirror provisions in 6 NYCRR Part 190 Use of state lands. These amendments may require a Regulatory Flexibility Analysis for Small Businesses and Local Governments or a Rural Area Flexibility Analysis. Contact: Marcelo DelPuerto, Department of Environmental Conservation, 625 Broadway, Albany, NY 12233-4754, (518) 402-8883. E-mail: [email protected] 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 became effective in April 2012. The statutory language now states that the department shall not issue any new licenses after April 1, 2012. The regulatory changes will provide for continued licensing of currently licensed individuals and will prohibit the issuance of new licenses. This amendment may require a Regulatory Flexibility Analysis for Small Businesses and Local Governments but not a Rural Area Flexibility Analysis. Contact: Joseph Therrien, Department of Environmental Conservation, Division of Fish and Wildlife, 625 Broadway, Albany, NY 12233-4752, (518) 402-8985. E-mail: [email protected] Please include the Part number when emailing.

6 NYCRR Part 153, Preserve Licenses. The Department is proposing to amend 6 NYCRR Part 153 to bring the regulations current with changes to multiple Sections of the ECL. The statutory language has removed the requirement for marking domestic game species with a Department provided tag and has extended the shooting season authorized for shooting preserve licenses. The regulatory changes will remove the carcass tagging requirements in Section 153.1 and will extend the shooting season as allowed in Section 153.2. In addition, the requirement for submission of an annual report will be removed from Section 153.1. Contact: Joseph Therrien, Department of Environmental Conservation, Division of Fish and Wildlife, 625 Broadway, Albany, NY 12233-4752, (518) 402-8985. E-mail: [email protected] Please include the Part number 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 importation of fish or wildlife from without to within the state. Contact: Joseph Therrien, Department of Environmental Conservation, Division of Fish and Wildlife, 625 Broadway, Albany, NY 12233-4752, (518) 402-8985. E-mail: [email protected] Please include the Part number when emailing.

6 NYCRR Part 174, Sale of Live Birds. The Department is proposing 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 written. Changes will also include the removal of the records retention requirement in 174.3(c). This amendment may require a Regulatory Flexibility Analysis for Small Businesses but not a Rural Area Flexibility Analysis. Contact: Joseph Therrien, Department of Environmental Conservation, Division of Fish and Wildlife, 625 Broadway, Albany, NY 12233-4752, (518) 402-8985. E-mail: [email protected] 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 permits. The Department is proposing to revise 6 NYCRR Subparts 182.2, 182.5, 182.7, 182.8 and 182.13 as part of three separate rule makings: (1) Threatened and Endangered species list revision; (2) Jurisdictional determination and permit process improvement; (3) Special licenses improvements to address possession of non-native, federally listed species and parts derived therefrom. This rule making will require a Regulatory Flexibility Analysis for Small Businesses and Local Governments and a Rural Area Flexibility Analysis. Contact: Dan Rosenblatt, Department of Environmental Conservation, 625 Broadway, Albany, NY 12233-4754, (518) 402-8883. E-mail: [email protected] Please include the Part number when emailing.

6 NYCRR Part 177, Sporting License Issuance and Use. Amend current regulations to update proof of qualifications for certain licenses to be consistent with updated procedures and potential changes necessary to issue sporting licenses as part of a statewide, shared services electronic licensing system that is currently under development. Also, amend current regulations concerning the description 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 Analysis for Small Businesses or a Rural Area Flexibility Analysis Contact: Mary Bailey, Department of Environmental Conservation, Division of Fish and Wildlife, 625 Broadway, Albany, NY 12233-4750, (518) 402-8869. E-mail: [email protected]

6 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 integrated 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 Rural Area Flexibility Analysis. Contact: Jeremy Hurst, Department of Environmental Conservation, 625 Broadway, Albany, NY 12233-4754, (518) 402-8883. E-mail: [email protected] Please include the Part number when emailing.

Pending adoption of Part 186, the Department will also propose 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 certain infectious parts of CWD-susceptible cervids, to increase testing of CWD-susceptible cervids held under licenses issued by the Department and to increase monitoring of activities that pose a threat of CWD 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 Environmental Conservation, Division of Fish and Wildlife, 625 Broadway, Albany, NY 12233-4754, (518) 402-8883. Email: [email protected] Please include the Part number when emailing.

Office of Hearings and Mediation Services

6 NYCRR Part 622, Uniform Enforcement Hearing Procedures. The Department proposes to clarify procedures governing default procedures and motions for order without hearing, and make various typographical, technical and related corrections throughout. This rule making may require a Regulatory Flexibility Analysis for Small Businesses, and a Rural Regulatory Flexibility Analysis. Contact: James T. McClymonds, Chief Administrative Law Judge, Department of Environmental Conservation, Office of Hearings and Mediation Services, 625 Broadway, First Fl., Albany, NY 12233-1550. E-mail: [email protected]

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 the Administrative Law Judges, to clarify the procedures governing motion practice, to establish procedures governing trade secrets and other confidential information in adjudicatory hearings, to revise certain definitions and to make various typographical, technical and related corrections. This rule making may require a Regulatory Flexibility Analysis for Small Businesses, and a Rural Regulatory Flexibility Analysis. Contact: Louis A. Alexander, Department of Environmental Conservation, Office of Hearings and Mediation Services, 625 Broadway, 14th Fl., Albany, NY 12233-1010. E-mail: [email protected]

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 management of this recreational corridor. Contact: Francis Sheehan, Department of Environmental Conservation, Division of Lands and Forests, 625 Broadway, Albany, NY 12233-4250, (518) 402-9409, E-mail: [email protected], Contact: Peter Frank, Department of Environmental Conservation, Division of Lands and Forests, 625 Broadway, Albany, NY 12233-4254, (518) 473-9518, E-mail: [email protected]

6 NYCRR Part 190, Use of State Lands. Amend section 190.26, Hemlock-Canadice State Forest (Livingston-Ontario State Reforestation Area No.1). These regulations will amend the existing regulations by applying further restrictions on public use to protect the public water supply since Hemlock and Canadice lakes are a direct source of public water for the city of Rochester and other communities. Contact: Robert Messenger, Department of Environmental Conservation, Division of Lands and Forests, 625 Broadway, Albany, NY 12233-4255, (518) 402-9428, E-mail: [email protected]

6 NYCRR Part 190, Use of State Lands. Amend section 190.10, Unique Areas to include a new section, Rush Oak Openings Unique Area. These regulations will protect the unique area by prohibiting certain activities on the property. Contact: Robert Messenger, Department of Environmental Conservation, Division of Lands and Forests, 625 Broadway, Albany, NY 12233-4255, (518) 402-9428, E-mail: [email protected]

6 NYCRR Part 510, Unmanned Aircraft. Adopt a new Part 510 to control, track and manage the use of unmanned aircraft systems also referred to as drones on Department of Environmental Conservation owned lands and waters. Contact: Scott McDonnell, Department of Environmental Conservation, Division of Lands and Forests, 625 Broadway, Albany, NY 12233-4253, (518) 402-9425, E-mail: [email protected]

6 NYCRR Part 190, Use of State Lands. Addition of a new section 190.36, Northern Catskill Riparian Areas. These regulations will address public safety and environmental issues at the Department managed Kaaterskill Falls, Kaaterskill Clove, Platte Clove and Colgate Lake. Contact: Peter Frank, Department of Environmental Conservation, Division of Lands and Forests, 625 Broadway, Albany, NY 12233-4254, (518) 473-9518, E-mail: [email protected]

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 obtain a day use permit to access the area with the intention of limiting 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, (518) 473-9518, E-mail: [email protected]

6 NYCRR Part 196, Operation of Motorized Vehicles, Vessels, Aircraft and Motorized Equipment in the Forest Preserve. Amend section 196.7, Operation of Bicycles in the Adirondack and Catskill Forest Preserve. These regulations will update this section, including the existing list of Adirondack and Catskill Forest Preserve wilderness areas where bicycles are prohibited. Contact: Peter Frank, Department of Environmental Conservation, Division of Lands and Forests, 625 Broadway, Albany, NY 12233-4254, (518) 473-9518, E-mail: [email protected]

6 NYCRR Part 196, Operation of Motorized Vehicles, Vessels, Aircraft and Motorized Equipment in the Forest Preserve. Amend section 196.8, Operation of Motorized Equipment in Wilderness, Primitive, Primitive Bicycle Corridor and Canoe Areas within the Adirondack 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 forest preserve units. Contact: Peter Frank, Department of Environmental Conservation, Division of Lands and Forests, 625 Broadway, Albany, NY 12233-4254, (518) 473-9518, E-mail: [email protected]

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 Management, 625 Broadway, Albany, NY 12233-4254, (518) 473-9518, E-mail: [email protected]

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 from overuse by applying restrictions to group size, camping, campfires and other activities. Contact: Peter J. Frank, Department of Environmental Conservation, Bureau of Forest Preserve Management, 625 Broadway, Albany, NY 12233-4254, (518) 473-9518, E-mail: [email protected]

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 trafficking in the Harlem or East Rivers and the Hudson River. The amendments are needed for New York State to remain in compliance with fishery management plans developed by the Atlantic States Marine Fisheries Commission or as directed in the Federal Sustainable Fisheries Act for such species. They also comply with the requirements of Environmental Conservation Law regarding the management of anadromous species. The purpose of these regulations is to protect and to maintain the health of these fish stocks. This rule making will require a Regulatory Flexibility Analysis for Small Businesses and Local Government and a Rural Area Flexibility Analysis. Contact: John Maniscalco, Department of Environmental Conservation, Division of Marine Resources, 205 N. Belle Meade Road, Suite 1, East Setauket, New York 11733, (631) 444-0430. E-mail: [email protected] Please include the Part number when emailing.

6 NYCRR Part 18, Taking Bait. The Department is proposing amendments that pertain to the management of diadromous fishes to take as bait for sportfishing through the use of fishing devices. The amendments are needed for New York State to remain in compliance with fishery management plans developed by the Atlantic States Marine Fisheries Commission or as directed in the Federal Sustainable Fisheries Act for such species. They also comply with the requirements of Environmental Conservation Law regarding the management of anadromous species. The purpose of these regulations is to protect and to maintain the health of these fish stocks. This rule making will require a Regulatory Flexibility Analysis for Small Businesses and Local Government and a Rural Area Flexibility Analysis. Contact: John Maniscalco, Department of Environmental Conservation, Division of Marine Resources, 205 N. Belle Meade Rd., Suite 1, East Setauket, NY 11733, (631) 444-0430. E-mail: [email protected] Please include the Part number when emailing.

6 NYCRR Part 35, Licenses. The Department proposes to establish new reporting requirements for certain inland commercial fishery 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 Analysis for Small Businesses and Local Government and a Rural Area Flexibility Analysis. Contact: John Maniscalco, Department of Environmental Conservation, Division of Marine Resources, 205 N. Belle Meade Rd., Suite 1, East Setauket, NY 11733, (631) 444-0430. E-mail: [email protected] Please include the Part number 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 in the Federal Sustainable Fisheries Act for such species. The amendments will also comply with the requirements of Environmental Conservation Law regarding the management of anadromous species. This rule making will require a Regulatory Flexibility Analysis for Small Businesses and Local Government and a Rural Area Flexibility Analysis. Contact: John Maniscalco, Department of Environmental Conservation, Division of Marine Resources, 205 N. Belle Meade Rd., Suite 1, E. Setauket, NY 11733, (631) 444-0430. E-mail: [email protected] Please include the Part number when emailing.

6 NYCRR Part 40, Marine Fish. The Department proposes to amend regulations pertaining to the management of marine and diadromous fishes to maintain compliance with fishery management plans developed by the Atlantic States Marine Fisheries Commission (ASMFC), or with the requirements of Environmental Conservation Law, or pursuant to the Federal Sustainable Fisheries Act for such species. Proposed amendments will also provide compliance with National Marine Fisheries Service requirements and other federal laws. The Department proposes to amend the regulations to define what methods are allowed for recreational anglers to take fish. The Department proposes to amend reporting and record keeping requirements for State licensed harvesters; and to create a definition for proof of residency and establish requirements for providing such proof of residency when obtaining marine license and permits. The Department proposes to amend reporting and record keeping requirements for State licensed harvesters who also hold federal harvesting licenses to require them to notify the Department of the agency that they are reporting to, as well as to clarify reporting requirements specific to federal Highly Migratory Species (HMS) permits to be able to collect invaluable harvest data that is not captured by any other means. The Department proposes to amend the striped bass and summer flounder commercial fishing special regulations to replace qualifications 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 summer flounder commercial fishing special regulations to add language for re-qualification similar to that in the striped bass commercial fishing special regulations. The Department proposes to adopt regulations to establish a commercial eel permit with reporting requirements statewide, and to extend coverage by the general provisions of this part to include Rockland and Putnam Counties and ensure that commercial possession is covered statewide. The Department proposes to amend commercial fishing regulations for American eel to establish quota-based fishing limits and closures. The Department proposes 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 harvester's fishing vessel trip report numbers on labels for quota managed species and adopt regulations to clarify provision for records retention 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 Department proposes amendments to coastal shark regulations to prohibit the harvest of blacknose sharks, allow a limited exception for smoothhound 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 discourage fishing on prohibited shark species. The Department proposes amendments to cod and squid regulations to allow for seasonal adjustments of landing limits and to revise the commercial cod size limit. This rule making will require a Regulatory Flexibility Analysis for Small Businesses and Local Government and a Rural Area Flexibility Analysis. Contact: John Maniscalco, Department of Environmental Conservation, Division of Marine Resources, 205 N. Belle Meade Rd., Suite 1, East Setauket, NY 11733, (631) 444-0430. E-mail: [email protected] Please include the Part number when emailing.

6 NYCRR Part 41, Sanitary Condition of Shellfish Lands. As necessary, the Department will propose to amend regulations that specify the classification (certified or uncertified) of shellfish lands. These amendments are necessary to protect public health by designating lands that do not meet bacteriological water quality criteria as uncertified or closed to shellfish harvesting. Shellfish lands that meet the water quality criteria are designated as certified (open) for the taking of shellfish. Additionally, shellfish lands that have not been subject to a sanitary survey conducted within the previous ten (10) years shall be designated as uncertified. Shellfish are defined in law as oysters, scallops, 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, Division of Marine Resources, 205 N. Belle Meade Rd., Suite 1, East Setauket, NY 11733, (631) 444-0479. E-mail: [email protected] 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 keeping, and reporting requirements and to require Vibrio control plans and introduce educational requirements, as necessary, to protect public health and allow for the modification of any conditions placed on permit activities after the permit has been issued for shellfish harvesters and shippers needed to comply with the guidelines of the National Shellfish Sanitation Program (NSSP), the federal regulations regarding interstate shipment of shellfish, and the Environmental Conservation Law. The proposed regulations will modify the descriptions of allowable 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 shellfish harvest areas to clearly delineate geographical sites where shellfish are harvested. This rule making will require a Regulatory Flexibility Analysis for Small Businesses and Local Government and a Rural Area Flexibility Analysis. Contact: Susan Ritchie, Department of Environmental Conservation, Division of Marine Resources, 205 N. Belle Meade Rd., Suite 1, East Setauket, NY 11733, (631) 444-0494. E-mail: [email protected] 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 Department and allow for the orderly implementation of any changes to the Environmental Conservation Law for the surfclam fishery. All amendments may describe changes to permit requirements and eligibility, harvest limits, gear restrictions, record keeping, and reporting requirements. This rule making may require a Regulatory Flexibility Analysis for Small Businesses and Local Government and a Rural 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) 444-0489. E-mail: [email protected] Please include the Part number when emailing.

6 NYCRR Part 44, Lobsters and Crabs. The Department proposes to amend regulations pertaining to the management of lobsters, decapod crabs, and horseshoe crabs to maintain the health of such species 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 Conservation Law. The proposed regulations will include general provisions consistent 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 Department proposes to amend reporting and record keeping requirements for State licensed harvesters who also hold federal harvesting licenses to require them to notify the Department of the agency that they are reporting to, which will be consistent with regulations found in Part 40. The Department proposes to adopt regulations to implement 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 current language and remove unnecessary regulations. Horseshoe crab regulations will be proposed to allow more control over the harvest and storage of horseshoe crabs. Rules will also be developed to prohibit the importation, possession and use of Asian horseshoe crabs. ASMFC will be developing an Addendum to the lobster management plan 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 the details of the Addendum. The Department will propose rules to prohibit 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 Federal lobster regulations in regards to traps removal and application of the most restrictive rule during lobster fishery closed seasons. The Department will also develop rules to establish a minimum age for the non-commercial lobster license. This rule making will require a Regulatory Flexibility Analysis for Small Businesses and Local Government and a Rural Area Flexibility Analysis. Contact: Kim McKown, Department of Environmental Conservation, Division of Marine Resources, Finfish and Crustaceans Section, 205 N. Belle Meade Rd., Suite 1, East Setauket, NY 11733, (631) 444-0454. E-mail: [email protected] 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 proposed 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 Businesses and Local Government as well as a Rural Area Flexibility Analysis. Contact: Wade Carden, Department of Environmental Conservation, Division of Marine Resources, 205 N. Belle Mead Rd., Suite 1, East Setauket, NY 11733, (631) 444-0481. E-mail: [email protected] Please include the Part number when emailing.

6 NYCRR Part 49, Shellfish Management. The Department proposes to adopt regulations for the management of hard clams, soft or steamer clams and razor clams. The management measures include provisions for size limits, catch and possession limits, open and closed seasons, closed areas, restrictions on the manner of taking and landing, requirements for permits and eligibility, record keeping and identification requirements, requirements on the amount and type of fishing effort and gear, and requirements relating to transportation, possession and sale. The Department proposes to amend regulations pertaining to the possession of oysters of less than legal size which is needed to ensure enforceability and compliance with the minimum size requirements for harvest of wild (natural) oysters in the marine district. This rule making will require a Regulatory Flexibility Analysis for Small Businesses and Local Government as well as a Rural Area Flexibility Analysis. Contact: Debra Barnes, Department of Environmental Conservation, Division of Marine Resources, 205 N. Belle Mead Rd., Suite 1, East Setauket, NY 11733, (631) 444-0477. E-mail: [email protected] Please include the Part number 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 adoption of regulations for the protection and management of whelks (also known as conch, Busycon spp). These regulations will include size limits, specifications for marking and placement of whelk fishing gear, trap limits and other regulations necessary to manage the whelk fishery. The Department proposes to amend reporting and record keeping requirements for State licensed harvesters who also hold federal harvesting licenses to require them to notify the Department of the agency that they are reporting to, which will be consistent with regulations found in Part 40. The Department also proposes to adopt regulations 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 Flexibility Analysis. Contact: Kim McKown, Department of Environmental Conservation, Division of Marine Resources, 205 N. Belle Mead Rd., Suite 1, East Setauket, NY 11733, (631) 444-0454. E-mail: [email protected] 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 321-325. This rule making will include comprehensive reorganization and revisions to the current rule to update the current pesticide use regulations, including the use of pesticides classified by the USEPA as exempt from the requirements of the Federal Insecticide, Fungicide, and Rodenticide Act. These pesticides are commonly known as 25(b) or minimum risk pesticides. These rules will also incorporate federal certification 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 minimum risk pesticides. This rule making will require a Regulatory Flexibility Analysis for Small Businesses and Local Governments, and a Rural Area Flexibility Analysis. Contact: Tricia Newell, Department of Environmental Conservation, Division of Materials Management, 625 Broadway, Albany, NY 12233-7254, (518) 402-8748. E-mail: [email protected] 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 Vegetation. Part 327 will be amended to incorporate relevant provisions of Part 328 (Rules and Regulations Relating to the Use of Chemicals for the Control or Elimination of Undesirable Fish) and Part 329 (Rules and Regulations Relating to the Use of Chemicals for the Control or Elimination of Aquatic Insects) and to reflect the current statutory requirement of the Environmental Conservation Law. 6 NYCRR Part 328 and 6 NYCRR Part 329 will be repealed. This rule making will require a Regulatory Flexibility Analysis for Small Businesses and Local Governments, and a Rural Area Flexibility Analysis. Contact: Anthony Lamanno, Department of Environmental Conservation, Division of Materials Management, 625 Broadway, Albany, NY 12233-7254, (518) 402-8727. E-mail: [email protected] 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 specifically changed and, in some cases, change the Part 367 regulations that were promulgated in 1983; reflect changes in the way the industry and the regulated community now complies with these regulations; and include changes that will lead to improved compliance and enforcement. This rule making will require a Regulatory Flexibility Analysis for Small Businesses and Local Governments, and a Rural Area Flexibility Analysis. Contact: Jennifer Kruman, Department of Environmental Conservation, Division of Materials Management, 625 Broadway, Albany, NY 12233-7253, (518) 402-8706. E-mail: [email protected] Please include the Part number when e-mailing.

6 NYCRR Part 368, Product Stewardship and Labeling. This rule making will rename and include changes to the existing Recycling Emblem regulations in 6 NYCRR Part 368 to be consistent with national labeling guidelines for recycling terms. It will also include developing regulations for mercury-added consumer products labeling, and product stewardship requirements for the E-Waste take back program resulting from legislation adopted in 2010 for E-Waste management. This rule making will require a Regulatory Flexibility Analysis for Small Businesses and Local Governments, and a Rural Area Flexibility Analysis. Contact: Peter Pettit, Department of Environmental Conservation, Division of Materials Management, 625 Broadway, Albany, NY 12233-7253, (518) 402-8706. E-mail: [email protected] 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 Environmental Education Centers to include Reinstein Woods Environmental 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 Regulatory 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 12233-5256, (518) 402-8043. E-mail: [email protected] Please 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 enforcement provisions. This rule making may require a Regulatory Flexibility Analysis for Small Businesses and Local Governments and a Rural Area Flexibility Analysis. Contact: Diane English, Section Chief, Bureau of Water Resource Management, Division of Water, Department of Environmental Conservation, 625 Broadway, Albany, NY 12233, (518) 402-8195. E-mail: [email protected]

6 NYCRR Part TBD - Waste Water Reuse. Regulations are needed to reflect the provisions in ECL section 15-0605 regarding water efficiencies and the promotion of the reuse of reclaimed wastewater. This may require a Regulatory Flexibility Analysis for Small Businesses and Local Governments and a Rural Area Flexibility Analysis. Contact: Koon Tang, Director of Bureau of Water Resource Management, Division of Water, Department of Environmental Conservation, 625 Broadway, Albany, NY 12233, (518) 402-8086. E-mail: [email protected]

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 will be amended to conform the SPDES fees in regulation to the fees in statute. This rule making may require a Regulatory Flexibility Analysis for Small Businesses and Local Governments and a Rural Area Flexibility Analysis. Contact: Carol Lamb-LaFay, Director, Bureau of Water Permits, Division of Water, Department of Environmental Conservation, 625 Broadway, Albany, NY 12233-3505, (518) 402-8111. E-mail: [email protected]

6 NYCRR Part 502 - Floodplain Management Criteria for State Projects. Revisions will update language to comply with enabling 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 will include updated definitions, clarifying floodway encroachment requirements, changing lowest floor elevation requirements to reflect the Building Code of New York State, and clarifying the variance application and decision process. This rule making may require a Regulatory 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: [email protected]

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 terms, 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 Rural Area Flexibility Analysis. Contact: Alan Fuchs, Director, Bureau of Water Permits, Division of Water, Department of Environmental Conservation, 625 Broadway, Albany, NY 12233-3505, (518) 402- 8185. E-mail: [email protected]

6 NYCRR Part 602 - Long Island Agricultural Water Wells. Revisions are needed to reflect that the permit exemption for agricultural water wells on Long Island was eliminated in 1992 by the introduction of paragraph 7 of ECL section 15-1527. This rule making may require a Regulatory Flexibility Analysis for Small Businesses and Local Governments and a Rural Area Flexibility Analysis. Contact: Koon Tang, Director of Bureau of Water Resource Management, Division of Water, Department of Environmental Conservation, 625 Broadway, Albany, NY 12233, (518) 402-8086. E-mail: [email protected]

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 state from contamination due to the uncovered storage of road salt and road salt/sand mixtures. The rule making will require a Regulatory Flexibility Analysis for Small Businesses and Local Governments and a Rural Area Flexibility Analysis. Contact: Carol Lamb-LaFay, Director, Bureau of Water Permits, Division of Water, Department of Environmental Conservation, 625 Broadway, Albany, NY 12233-3505, (518) 402-8111. E-mail: [email protected]

6 NYCRR Parts 700 – 706 Water Quality Standards. Revisions will add/revise ambient water quality standards, standard-setting procedures, implementation procedures, and other regulatory provisions. This rule making may require a Regulatory Flexibility Analysis for Small Businesses and Local Governments and a Rural Area Flexibility Analysis. Contact: 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: [email protected]

6 NYCRR Part 750 - State Pollutant Discharge Elimination System (SPDES) Permits. Revisions are necessary to incorporate new federal criteria and standards. This rule making may require a Regulatory Flexibility Analysis for Small Businesses and Local Governments and a Rural Area Flexibility Analysis. Contact: Carol Lamb-LaFay, Director, Bureau of Water Permits, Division of Water, Department of Environmental Conservation, 625 Broadway, Albany, NY 12233-3505, (518) 402- 8111. E-mail: [email protected]

6 NYCRR Part 910 - St. Lawrence River Drainage Basin. Revisions 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 may require a Regulatory Flexibility Analysis for Small Businesses and Local Governments and a Rural Area Flexibility Analysis. Contact: 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: [email protected]

Pursuant to section 202-d of the State Administrative Procedure Act, the State Education Department presents its regulatory 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 Education 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 2018 Regulatory Agenda.

OFFICE OF P-12 EDUCATION

Addition of a new Part of the Commissioner’s Regulations pertaining to the requirements for student and teacher data privacy and security 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 flexibility 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 strategies, and integrating language and content instruction for English Language 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 flexibility analysis may be required.

Amendment of section 80-1.9 of the Commissioner’s Regulations relating to the filing of district personnel data. A regulatory 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 regulatory flexibility analysis for local government and a rural area flexibility analysis 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 flexibility 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 flexibility analysis for local government and a rural area flexibility analysis may be required.

Amendment of section 100.2(ff) of the Commissioner’s Regulations related to children in Residential Facilities and/or the appointment 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 punishment by BOCES, district or charter school personnel to be done once a year. A regulatory flexibility analysis for local government and a rural area flexibility analysis may be required.

Amendment of section 100.2(m) of the Commissioner’s Regulations relating to the Public-School Reports to align with the state’s Every Student Succeeds Act plan. A regulatory change may be required for reporting requirements for districts to allow for the various data of the school report card to be identified individually. A regulatory flexibility analysis for local government and a rural area flexibility analysis may be required.

Amendment to section 100.2(f) to clarify the use of Department Approved Alternatives to Regents examinations for use as pathways to graduation and not for accountability purposes. A regulatory flexibility analysis for local government and a rural flexibility analysis may be required.

Amendment to section 100.5(b) to allow districts to develop and implement Arts coursework and curriculum without the approval of the State Education Department. A regulatory flexibility analysis for local government and a rural flexibility analysis may be required.

Amendment of section 100.3 of the Commissioner’s Regulations relating to the PreK-4 Program requirements to reflect the adoption of the Learning Standards. A regulatory flexibility analysis for local government and a rural area flexibility analysis may be required.

Amendment of section 100.4 of the Commissioner’s Regulations relating to program requirements in grades 5-6 to reflect the adoption of the Learning Standards. A regulatory flexibility analysis for local government and a rural area flexibility analysis may be required.

Amendment of section 100.5 of the Commissioner’s Regulations, relating to graduation requirements. A regulatory change may 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 Regulations relating to the State High School Equivalency Program to increase the age of eligibility and minimum number of hours required by the program. A regulatory flexibility analysis for local government 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 regulatory flexibility analysis for local government and a rural area flexibility analysis may be required.

Amendment of section 100.4(d) of the Commissioner's Regulations relating to grade eight acceleration for diploma credit. A regulatory flexibility analysis for local government and a rural area flexibility analysis may be required.

Amendment of section 100.5(a), (b) and (c) of the Commissioner's Regulations relating to graduation and diploma requirements. A regulatory flexibility analysis for local government and a rural area flexibility analysis may be required.

Amendment of section 100.19 of the Commissioner’s Regulations related to Receivership, 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.

Addition of a new section 100.21 of the Commissioner’s Regulations to implement the school and district accountability and school and district improvement provisions of New York state’s Every Student Succeeds Act plan, including a system for differentiation of school and district performance and support for and intervention in identified schools and districts. A regulatory flexibility analysis for local 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 Compact 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 relating to children in Residential Facilities and/or the appointment 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 Part 117 of the Commissioner’s Regulations relating to diagnostic screening for students who are new entrants or who have low test scores in reading or mathematics. A regulatory flexibility analysis for local government and a rural area flexibility analysis may be required.

Amendment of Part 118 of the Commissioner’s Regulations relating to new provisions in New York State’s Every Student Succeeds Act plan regarding incarcerated youth. A regulatory flexibility analysis for local government and a rural area flexibility analysis may be required.

Amendment of section 119.1 of the Commissioner's Regulations relating to financing of charter schools to correct a citation and address 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 Regulations relating to charter school report cards to correct a citation. A regulatory flexibility analysis for local government and a rural area flexibility analysis may be required.

Amendment of section 119.4 of the Commissioner's Regulations relating to the location and timelines for charter school hearings. A regulatory flexibility analysis for local government and a rural area flexibility analysis may be required.

Amendment of section 119.5 of the Commissioner's Regulations relating to charter school preferences. A regulatory flexibility analysis for local government and a rural area flexibility analysis may 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), highly qualified teachers and other provisions of the No Child Left Behind Act. A regulatory flexibility analysis for local government and a rural area flexibility analysis may be required.

Amendment of Part 125 of the Commissioner’s Regulations relating to the requirements for the voluntary registration of nonpublic 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 Regulations relating to universal prekindergarten. A regulatory change may be required to implement policy relating to the suspension and expulsion of children in universal prekindergarten classes. A regulatory flexibility analysis for local government and a rural area flexibility analysis may be required.

Amendment of section 151-1.3 of the Commissioner’s Regulations relating to the Universal Pre-Kindergarten program. A regulatory flexibility analysis for local government and a rural area flexibility analysis may be required.

Amendment of Part 136 to implement Chapter 373 of the Laws of 2016 and to make technical amendments, relating to school health 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 requirement to provide school health services. A regulatory flexibility analysis for local government and a rural area flexibility analysis may be required.

Amendment of section 144.11 of the Commissioner's Regulations to eliminate the requirement that school districts have an Early Grade Class Size Reduction Plan. 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 Regulations to create identification, placement and program requirements for students who are English language learners in preschool. A regulatory flexibility analysis for local government and a rural area flexibility analysis may be required.

Amendment of section 154-2.3(i) of the Commissioner’s Regulations to allow districts with less than 30 English Language Learners to apply 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 Commissioner 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 flexibility 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 Qualified Zone Academy Bonds ranking of eligible districts and allocation of funds. A regulatory flexibility analysis for local government and a rural area flexibility analysis may be required.

Amendment of section 155.23 of the Regulations of the Commissioner of Education relating to multi-year cost allowance. A regulatory flexibility analysis for local government and a rural area flexibility analysis may be required.

Amendment of Parts 100 and 200 of the Commissioner’s Regulations to make certain technical amendments, including corrections to cross citations, as may be appropriate to conform with the Every 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 Commissioner’s Regulations relating to written notice upon graduation or aging out and the development of adult service recommendations for students with disabilities placed in residential schools, as may be necessary to conform to changes to State statute. A regulatory flexibility 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 the Commissioner’s Regulations relating to the impartial due process hearing procedures, including the provisions relating to prehearing 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 Commissioner of Education relating to least restrictive environment placements 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 Regulations relating to approval of State reimbursement for students with disabilities in approved private school placements. 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 Regulations relating to the minimum level of service requirements for consultant teacher services and resource room programs, and the maximum instructional group size in a resource room program. A regulatory flexibility analysis for local government and a rural area flexibility analysis may be required.

Amendment of section 200.7 of the Commissioner’s Regulations relating to conditions of approval and the program standards for private schools approved to serve students with disabilities. A regulatory flexibility analysis for local government and a rural area flexibility analysis may be required.

Amendment of section 200.9 of the Commissioner’s Regulations relating to tuition rates for approved special class integrated 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 Regulations 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 Regulations relating to public school districts as preschool evaluators as may be necessary to conform to changes to State statute. A regulatory flexibility analysis for local government and a rural area flexibility analysis may be required.

Amendment 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 on behalf of the Board of Regents and to make a determination in regard to such oral argument. 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 to revoke the certificate of incorporation after the assets of the education corporations 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 Education Policy, New York State Education Department, Room 875, Education Building Annex, 89 Washington Avenue, Albany, NY 12234, (518) 474-3862, [email protected]

OFFICE OF HIGHER EDUCATION

Amendment of section 3.56 of Regents Rules to clarify requirements for out-of-state institutions of higher education that are seeking Regents permission to operate in New York. A rural area flexibility analysis and regulatory flexibility analysis may be required.

Amendment of section 3.58 of the Regents Rules and addition of new section 3.59 of the Regents Rules establishing procedures and fees related to institutional authorization to offer degree programs. A rural area flexibility analysis and regulatory flexibility analysis may be required.

Amendment of Subpart 4-1 of the Regents Rules establishing fees for voluntary institutional accreditation by the Commissioner of Education and Board of Regents. A rural area flexibility analysis and regulatory flexibility analysis may be required.

Amendment of section 50.1 of the Commissioner’s Regulations to include a definition of a remedial course and a compensatory course as needed under sections 6451 and 6452 of the Education Law. A rural area flexibility analysis and regulatory flexibility analysis may be required.

Amendment of Parts 50 and 52 of the Commissioner’s Regulations concerning registration of undergraduate and graduate postsecondary curricula. A rural area flexibility analysis and regulatory flexibility analysis may be required.

Amendment of section 52.2(f) of the Commissioner’s Regulations specifying the academic content of a transcript prepared by an Institution 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 rural area flexibility analysis may be required.

Amendment of section 80-3.4 of the Commissioner’s Regulations relating to education requirements for the professional certificate. 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 Supplementary Bilingual 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 Commissioner of Education to allow a temporary certificate for teachers displaced from Puerto Rico and/or another U.S. Territory, as a result of Hurricane Maria, to teach in New York State. A regulatory flexibility analysis for local government and a rural area flexibility analysis may be required.

Amendment of Part 86 of the Commissioner’s Regulations relating to the requirements for the Albert Shanker Grant. A rural area flexibility 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 Every Student Succeeds Act plan. A regulatory flexibility analysis 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 licenses. 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 to provide a definition of the term “the recognized equivalent of such certificate” as found in Education Law section 661(4)(f) for the purposes of determining eligibility for the NYS Tuition Assistance 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 time of the completion of secondary education. 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)(2) to clarify the federally approved ability to benefit test administration for the purposes of the NYS Tuition Assistance Program. A regulatory flexibility analysis for local government and a rural area flexibility analysis may be required.

Amendment of Commissioner’s Regulations section 152-1.2 to insert language concerning remedial, developmental, and compensatory courses. A regulatory flexibility analysis for local government and a rural area flexibility analysis may be required.

Amendment of Commissioner’s Regulations section 152-1.1 to amend applications to clarify that each application shall include the provision of a summer program that shall occur at the beginning of the program year and to update obsolete processes and language. A regulatory flexibility analysis for local government and a rural area flexibility analysis may be required.

Amendment of Commissioner’s Regulations Part 50 and Part 54 to amend the definitions and procedures related to off-campus instruction and locations. A regulatory flexibility analysis for local government 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 aggregate 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 Office of Higher Education, Education Department, Office of Higher Education, Rm. 975, Education Bldg. Annex, 89 Washington Ave., Albany, NY 12234, (518) 486-3633, [email protected]

OFFICE OF THE PROFESSIONS

Amendment of Part 29 of the Regents Rules relating to definitions of unprofessional conduct in the public accountancy and certified public 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 regulatory 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 Regents and section 63.6 of the Commissioner’s Regulations relating to the Unprofessional Conduct Special Provisions and the Requirements for Substituting Interchangeable Biological Products for Prescribed Products in the Profession of Pharmacy. A regulatory flexibility analysis 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 flexibility 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 regulatory flexibility analysis for small businesses and a rural area flexibility analysis may be required.

Amendment of Part 70 of the Commissioner’s Regulations relating to the definitions of public accountancy and the certified public accountancy professions. A regulatory flexibility analysis for small businesses 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, [email protected]

OFFICE OF CULTURAL EDUCATION

Amendment of Part 90 of the Commissioner’s Regulations, relating to the library and library system programs and services. 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 above proposed amendment by contacting: Bernard A. Margolis, State Librarian and Assistant Commissioner for Libraries, New York State Education Department, New York State Library, Room 10C34, Albany, NY 12230, (518) 474-5930, [email protected]

Amendment of Part 188 of the Commissioner’s Regulations related to state government archives and records management to update the agency fee list to match the current organizational structure of executive branch agencies. A regulatory flexibility analysis for local government 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 update the annual fees for storage of records in a records center facility. 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: Tom Ruller, Assistant Commissioner for the State Archives, 9C49 Cultural Education Center, Albany, NY 12230, (518) 474-5561, [email protected]

OFFICE OF ADULT CAREER AND CONTINUING EDUCATION SERVICES (ACCES)

Amendment of Parts 246 and 247 of the Commissioner’s Regulations, regarding conforming and technical amendments pertaining to the vocational rehabilitation and independent living programs. A regulatory flexibility analysis for local government and a rural area flexibility analysis may be required.

Amendment of Part 246 of the Commissioner’s Regulations, relating to sheltered workshop programs and community rehabilitation providers, necessary to conform to federal regulations and to reflect new standards for services established in contracts. A regulatory flexibility analysis for local government and a rural area flexibility analysis may be required.

Amendment of Parts 246 and 247 of the Commissioner’s Regulations relating to the State vocational rehabilitation program operated pursuant to Title I of the Rehabilitation Act, as may be appropriate to conform to changes resulting from the passage of the Workforce Innovation 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 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 any of the above rules by contacting: Lisa Van Ryn, Manager, VR Resource Development, Office of Adult Career and Continuing Education Services, Room 580, EBA, 89 Washington Avenue, Albany, NY 12234, (518) 473-1626, [email protected]

Amendment of Part 247 of the Commissioner’s Regulations, regarding 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 implement 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, [email protected]

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 satisfactory academic progress, shall be dismissed or placed on academic probation in accordance with subparagraph (iii) of this paragraph. A regulatory flexibility analysis for local government and a rural area flexibility 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 school shall comply with all requirements of this Part, except non-occupational courses as defined by section 5002(1)(c) of the Education 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 it to say: Notwithstanding any other provisions of this Part, non-occupational courses, as defined by section 5002(1)(c) of the Education Law, shall be subject to the following alternate educational and curriculum 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 Regulations relating to qualifications of teaching and management personnel 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 commissioner, such data concerning the education, training, experience 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 application 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 at 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 application is made, the commissioner shall act upon such application within 30 days. If no written denial is made within 30 days, the application shall be deemed to be approved until the commissioner acts upon it or until the end of the term or semester, whichever occurs first. If a written 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 semester if the commissioner determines that the removal of the teacher would not be in the best interest of students. If a teacher or director application, submitted to the department less than four days prior to the employment of such individual, is evaluated and it is subsequently determined that the applicant is not qualified pursuant to the provisions of this section, the school may be subject to disciplinary action pursuant to section 5003 of the Education Law, if such conduct constitutes 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 document evidencing satisfactory program or course completion is to be withheld 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 any of the above rules by contacting: Dr. Richard A. Rose, Director, Bureau of Proprietary School Supervision, Office of Adult Career and Continuing Education Services, Room 560, EBA, 89 Washington Avenue, Albany, NY 12234, (518) 474-3969, [email protected]

OFFICE OF MANAGEMENT SERVICES

Amendment of Parts 187 and 188 to update regulations relating to the inspection and copying of State Education Department records and to State Government Archives and Records Management. A regulatory flexibility analysis and/or 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: Alison Bianchi, Counsel and Deputy Commissioner for Legal Affairs, State Education Building, Room 112, 89 Washington Ave., Albany, NY 12234, (518) 474-6400, [email protected]

Pursuant to State Administrative Procedure Act (SAPA) § 202-d, the Office of the Medicaid Inspector General (“OMIG”) presents 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 modify, without further notice, except as required by SAPA, any item or information presented herein relating to the 2018 Regulatory Agenda. 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 matter, 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 clarify existing unacceptable practices under the medical assistance program.

515.3 Authority to Sanction – Amend to clarify authority to sanction 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 guidelines for immediate sanctions.

515.8 Mandatory Exclusions – Amend to clarify new and existing guidelines for mandatory exclusions.

516.1 Policy, Scope and Definitions – Amend to specify the standards of the medical assistance program and the basis for monetary penalties.

516.4 Notification and Hearings – Amend to clarify notification 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 record retention requirements.

518.2 Definitions – Amend to include definition of a credible allegation of fraud.

518.3 Liability for Overpayments – Amend to clarify joint and several liability for overpayments.

518.5 Recovery of Overpayments, Procedure – Amend to clarify the procedures for recovering overpayments.

518.6 Recoupment of Overpayments – Amend to identify overpayment recoupment authority and procedure.

518.7 Withholding of Payments – Amend to clarify the guidelines and procedures for withholding payments.

518.8 Recovery of Overpayments Pending a Hearing – Amend to clarify the procedures for the recovery of overpayments pending 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 address 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. Pearl St., Albany, NY 12204, (518) 408-5803, [email protected]

Pursuant to section 202-d of the State Administrative Procedures Act, notice is hereby provided of the following rules which the Workers’ Compensation Board (Board) is considering proposing but for which a rule making proceeding has not been commenced. All references are to Title 12 of the New York Code of Rules and Regulations unless otherwise noted. The Board’s regulatory plans are subject to change, and the Board reserves the right to add, delete, or modify any item herein. The Board is not required to propose for adoption 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, local governments, and public and private interests in rural areas with the opportunity to participate in the rule-making process, as provided for in sections 202-b and 202-bb of the State Administrative Procedures Act. All of the rules described below may require a Regulatory Flexibility Analysis for Small Businesses and Local Governments 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 rules described below:

1. Amend section 313 to clarify that a Board decision is not a prerequisite to the parties’ compliance with statutory and regulatory 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 of discrimination 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 formulary that Workers’ Compensation Law § 13-p mandates the Workers’ Compensation Board adopt.

The Board will continue to review its rules in an effort to provide for clearer and more accurate references to Board policies and procedures, while also eliminating typographical errors and obsolete forms/practices, etc.

To obtain information about or submit written comments concerning any item in this Regulatory Agenda, contact: Heather M. MacMaster, Deputy General Counsel, Workers’ Compensation Board, 328 State St., Schenectady, NY 12305-2318, (518) 486-9564, e-mail: [email protected]