Section 154-1.1.

(f) The provisions of the Code of Federal Regulations (CFR) that have been incorporated by reference in this Part have been filed in the Office of the Secretary of State of the State of New York, the publication so filed being the books entitled: Title 49 CFR Parts 100 to 177, Parts 178 to 199, Parts 300 to 399, Parts 400-571 and Parts 572-999 revised as of October 1, [2017]2019, published by the Office of the Federal Register, National Archives and Records Administration, as a special edition of the Federal Register. The incorporated regulations may be examined at the Office of the Department of State, One Commerce Plaza, 99 Washington Avenue, Albany, NY 12231-0001, at the law libraries of the New York State Supreme Court, the Legislative Library, the New York State Department of Transportation and Office of Counsel, 50 Wolf Road, Albany, NY 12232. They may be purchased by mail from the US Government Printing Office, New Orders, P.O. Box 979050, St. Louis, MO 63197-9000. The full text of the Code of Federal Regulations is available in electronic format at www.ofr.gov. Copies of the Code of Federal Regulations are also available at many public libraries and bar association libraries.

17 NYCRR section 154-2.1.

(e) Incorporation by reference. The provisions of the Code of Federal Regulations (CFR) that have been incorporated by reference in this Part have been filed in the Office of the Secretary of State of the State of New York, the publication so filed being the books entitled: Title 49 CFR Parts 100 to 177, Parts 178 to 199, Parts 300 to 399, Parts 400-571 and Parts 572-999 revised as of October 1, [2017]2019, published by the Office of the Federal Register, National Archives and Records Administration, as a special edition of the Federal Register. The incorporated regulations may be examined at the Office of the Department of State, One Commerce Plaza, 99 Washington Avenue, Albany, NY 12231-0001, at the law libraries of the New York State Supreme Court, the Legislative Library, the New York State Department of Transportation, Office of Counsel or Motor Carrier Compliance Bureau, 50 Wolf Road, Albany, NY 12232. They may be purchased by mail from the US Government Printing Office, New Orders, P.O. Box 979050, St. Louis, MO 63197-9000. The full text of the Code of Federal Regulations is available in electronic format at www.ofr.gov. Copies of the Code of Federal Regulations are also available at many public libraries and bar association libraries.

17 NYCRR 720.12 Incorporation by reference.

(a) Incorporation by reference. The provisions of the Code of Federal Regulations which have been incorporated in this Part have been filed in the Office of the Secretary of State of the State of New York, the publications so filed being the books entitled: Code of Federal Regulations, Title 49, Parts 100 to 177, Parts 178 to 199, Parts 300 to 399, Parts 400 to 571 and Parts 572 to 999 revised as of October 1, [2017]2019, published by the Office of the Federal Register, National Archives and Records Administration, as a special edition of the Federal Register. The regulations incorporated by reference may be examined at the office of the Department of State, One Commerce Plaza, 99 Washington Avenue, Albany, NY 12231-0001, at the Libraries of the New York Supreme Court, the Legislative Library, the New York State Department of Transportation, Office of Counsel, 50 Wolf Road, Albany, NY 12232. They may be purchased by mail from the US Government Printing Office, New Orders, P.O. Box 979050, St. Louis, MO 63197-9000. The full text of the Code of Federal Regulations is available in electronic format at www.ofr.gov. Copies of the Code of Federal Regulations are also available at many public libraries and bar association libraries.

Section 721.6. Incorporation by reference.

The provisions of the Code of Federal Regulations that have been incorporated by reference in this Part have been filed in the Office of the Secretary of State of the State of New York, the publication so filed being the books entitled: Title 49 Code of Federal Regulations Parts 100 to 177, Parts 178 to 199, Parts 300 to 399, Parts 400-571 and Parts 572-999, revised as of October 1, [2017]2019, published by the Office of the Federal Register, National Archives and Records Administration, as a special edition of the Federal Register. The incorporated regulations may be examined at the Office of the Department of State, One Commerce Plaza, 99 Washington Avenue, Albany, NY 12231-0001, at the law libraries of the New York State Supreme Court, the Legislative Library, the New York State Department of Transportation and Office of Counsel, 50 Wolf Road, Albany, NY 12232. They may be purchased by mail from the US Government Printing Office, New Orders, P.O. Box 979050, St. Louis, MO 63197-9000. The full text of the Code of Federal Regulations is available in electronic format at www.ofr.gov. Copies of the Code of Federal Regulations are also available at many public libraries and bar association libraries.

Section 750.3. Minimum levels of financial responsibility for for-hire motor carriers of passengers.

The Commissioner of Transportation adopts part 387 of title 49 of the Code of Federal Regulations with the same force and effect as though herein fully set forth at length for for-hire motor carriers of passengers operating motor vehicles in interstate and foreign commerce. The provisions of Title 49 of the Code of Federal Regulations that have been incorporated by reference in this Part, including Parts 100 to 177, Parts 178 to 199, Parts 300 to 399, Parts 400-571 and Parts 572-999, revised as of October 1, [2017]2019, have been filed in the Office of the Secretary of State of the State of New York, the publications so filed being the books entitled: Title 49 Code of Federal Regulations Parts 100 to 177, Parts 178 to 199, and Parts 300 to 399, Parts 400-571, revised as of October 1, [2017]2019, published by the Office of the Federal Register, National Archives and Records Administration, as a special edition of the Federal Register. The incorporated regulations may be examined at the Office of the Department of State, One Commerce Plaza, 99 Washington Avenue, Albany, NY 12231-0001, at the law libraries of the New York State Supreme Court, the Legislative Library, the New York State Department of Transportation and Office of Counsel, 50 Wolf Road, Albany, NY 12232. They may be purchased by mail from the US Government Printing Office, New Orders, P.O. Box 979050, St. Louis, MO 63197-9000. The full text of the Code of Federal Regulations is available in electronic format at www.ofr.gov. Copies of the Code of Federal Regulations are also available at many public libraries and bar association libraries.

Section 820.13. Incorporation by reference.

The provisions of the Code of Federal Regulations that have been incorporated by reference in this Part have been filed in the Office of the Secretary of State of the State of New York, the publications so filed being the books entitled: Title 49 Code of Federal Regulations Parts 100 to 177, Parts 178 to 199, Parts 300 to 399, Parts 400-571 and Parts 572-999, revised as of October 1, [2017]2019, published by the Office of the Federal Register, National Archives and Records Administration, as a special edition of the Federal Register. The provisions of Subpart B Part 395 of Title 49 the Code of Federal Regulations specifically include the Electronic Logging Device requirement and that is incorporated by reference into section 820.6 of this Part. The incorporated regulations may be examined at the Office of the Department of State, One Commerce Plaza, 99 Washington Avenue, Albany, NY 12231-0001, at the law libraries of the New York State Supreme Court, the Legislative Library, the New York State Department of Transportation Office of Counsel, 50 Wolf Road, Albany, NY 12232. They may be purchased by mail from the US Government Printing Office, New Orders, P.O. Box 979050, St. Louis, MO 63197-9000. The full text of the Code of Federal Regulations is available in electronic format at www.ofr.gov. Copies of the Code of Federal Regulations are also available at many public libraries and bar association libraries.

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

The provisions of the Code of Federal Regulations that have been incorporated by reference in this Part have been filed in the Office of the Secretary of State of the State of New York, the publications so filed being the books entitled: Title 49 Code of Federal Regulations Parts 100 to 177, Parts 178 to 199, Parts 300 to 399, Parts 400-571 and Parts 572-999, revised as of October 1, [2017]2019, published by the Office of the Federal Register, National Archives and Records Administration, as a special edition of the Federal Register. The regulations incorporated by reference may be examined at the Office of the Department of State, One Commerce Plaza, 99 Washington Avenue, Albany, NY 12231-0001, at the law libraries of the New York State Supreme Court, the Legislative Library, the New York State Department of Transportation, Office of Counsel or Motor Carrier Compliance Bureau, 50 Wolf Road, Albany, NY 12232. They may be purchased by mail from the US Government Printing Office, New Orders, P.O. Box 979050, St. Louis, MO 63197-9000 with payment by check or with payment by credit card at 8066-512-1800. The full text of the Code of Federal Regulations is available in electronic format at www.ofr.gov. Copies of the Code of Federal Regulations are also available at many public libraries and bar association libraries.

The New York State Department of Transportation (NYSDOT) in partnership with the New York State Police Commercial Vehicle Enforcement personnel, engages in commercial motor vehicle enforcement activities under the federal Motor Carrier Safety Assistance Program (MCSAP), the regulatory guidelines for which are published in 49 CFR Part 350. MCSAP is a grant program that provides federal financial assistance to states to reduce the number and severity of accidents and hazardous materials incidents involving commercial motor vehicles. The Federal Motor Carrier Safety Administration sets the conditions for participation by states and local jurisdictions and promotes the adoption and uniform enforcement of safety rules, regulations, and standards compatible with the federal motor carrier safety regulations and federal hazardous material regulations for both interstate and intrastate motor carriers and drivers. As provided in 49 USCS section 31102, the goal for MCSAP is to ensure that the Secretary, States, local governments, other political jurisdictions, federally recognized Indian tribes, and other persons work in partnership to establish programs to improve motor carrier, commercial motor vehicle, and driver safety to support a safe and efficient surface transportation system by, among other things, adopting and enforcing effective motor carrier, commercial motor vehicle, and driver safety regulations and practices consistent with federal requirements. Pursuant to implementation of said goal under 49 USCS section 31136, the Secretary of Transportation shall adopt regulations on commercial motor vehicle safety. At a minimum, the regulations shall ensure the responsibilities imposed on operators of commercial motor vehicles do not impair their ability to operate the vehicles safely so that the operation of commercial motor vehicles does not have a deleterious effect on the physical condition of the operators.

As provided in 49 CFR 350.355, FMCSA may initiate a proceeding to withdraw Plan approval or withhold MCSAP funds in accordance with 49 CFR 320.215 under certain circumstances, one of which occurs when a State fails to adopt a new federal motor carrier safety regulation (FMCSR) or hazardous material regulation (HMR) or an amendment to an existing FMCSR or HMR within 3 years of its effective date. NYSDOT last incorporated such federally consistent standards in December of 2018. Since then the FMCSR or HMR have been amended in various respects. As provided in 49 USCS section 31141(c), states may enforce regulations with the same effect as FMCSA and various NYSDOT regulations make FMCSA regulations applicable to all motor carriers and drivers operating either interstate or intrastate, with limited enumerated exceptions. States are not authorized to make random inspections of commercial motor vehicles to confirm compliance to operate within the mandatory prescriptions of MCSAP as provided in 49 USCS section 31142(d).

NYSDOT has determined that no person is likely to object to the amendment of the 17 NYCRR parts as herein proposed. The updates between 2017 and 2019 have been relatively minor and already apply in FMCSA regulations that apply in all 50 states. Pursuant to SAPA section 102(11)(b), this rulemaking conforms to non-discretionary statutory provisions in Transportation Law Article 9-A and 49 USCS sections 31136 through 31142. The purpose of this rulemaking is to update Title 49 CFR regulations that are incorporated by reference into Title 17 NYCRR to the 10/1/2019 Title 49 CFR edition that is the last published edition that is currently available. This rulemaking does not represent a change in NYSDOT policy or practice, nor does it impose significant burdens on commercial motor vehicle carriers and drivers.

1. Nature of impact: The proposed rule changes are advanced periodically to comply with the agreement between the State of New York and the Federal Motor Carrier Safety Administration (FMCSA) and to assure consistency between Title 17 NYCRR and Title 49 CFR provisions related to safe operation of commercial motor vehicles, most of which are incorporated by reference. Since the Department last adopted such updates by incorporation of the 10/1/2017 edition of CFR safety provisions in December 2018 the amendments to 49 CFR incorporated by New York have been minor. The current update serves to capture updates to the FMCSA rules by incorporation and is not expected to have a significant impact on jobs; the associated New York State Department of Transportation (NYSDOT) enforcement activity will be consistent with past practice.

2. Categories and numbers affected: Federal Motor Carrier rules apply to most owners and operators of commercial motor vehicles.

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

4. Minimizing adverse impact: Title 17 NYCRR regulations must remain consistent with the CFR, per 49 USCS section 31141. As such, NYSDOT reviews and inspections are performed using the standards that are found in the CFR regulations incorporated by reference in 17 NYCRR. Neither the frequency of inspections nor the basis for NYSDOT enforcement action is expected to change in any way post adoption of the instance rulemaking, so categories and numbers affected remain the same. The purpose of performing motor carrier enforcement activities is the advancement of public safety through verification of compliance with state law and regulation pertaining to motor carrier safety; consequently, there should be no adverse impacts.