TRN-35-14-00001-A Regulation of Commercial Motor Carriers in New York State
1/28/15 N.Y. St. Reg. TRN-35-14-00001-A
NEW YORK STATE REGISTER
VOLUME XXXVII, ISSUE 4
January 28, 2015
RULE MAKING ACTIVITIES
DEPARTMENT OF TRANSPORTATION
NOTICE OF ADOPTION
I.D No. TRN-35-14-00001-A
Filing No. 42
Filing Date. Jan. 13, 2015
Effective Date. Jan. 28, 2015
Regulation of Commercial Motor Carriers in New York State
PURSUANT TO THE PROVISIONS OF THE State Administrative Procedure Act, NOTICE is hereby given of the following action:
Action taken:
Amendment of Parts 154, 720, 721, 820, 845 and 855 of Title 17 NYCRR.
Statutory authority:
Transportation Law, sections 14(12), (18), 14-f(1)(a), 138(2) and 140(2); and Vehicle and Traffic Law, arts. 19-A and 19-B
Subject:
Regulation of commercial motor carriers in New York State.
Purpose:
The rules incorporate Title 49 CFR provisions pursuant to regulation of commercial motor carriers operating in New York State.
Text of final rule:
17 NYCRR section 154-1.1(f) is amended to read as follows:
(f) Incorporation by reference. The provisions of the Code of Federal Regulations which have been incorporated in this Part have been filed in the Office of the Secretary of State of the State of New York, the publications so filed being the books entitled: Code of Federal Regulations, Title 49, Parts 100 to 177, Parts 178 to 199, Parts 200 to 299 and Parts 300 to 399, revised as of October 1, 2013 [1990], published by the Office of the Federal Register, National Archives and Records Administration, as a special edition of the Federal Register. The regulations incorporated by reference may be examined at the office of the Department of State, One Commerce Plaza, 99 Washington Avenue, Albany, NY 12231-0001, [162 Washington Avenue, Albany, NY 12231,] at the Libraries of the New York Supreme Court, the Legislative Library, the New York State Department of Transportation, Office of Counsel or Central Permit Office, 50 Wolf Road, [Traffic and Safety Division, State Office Campus, Building 5,] Albany, NY 12232. They may also be purchased from the Superintendent of Documents, Government Printing Office, Washington, DC 20402-0001. Copies of the Code of Federal Regulations are also available at many [may] public libraries and bar association libraries.
17 NYCRR section 154-2.1(e) is amended to read as follows:
(e) Incorporation by reference. The provisions of the Code of Federal Regulations which have been incorporated in this Subpart have been filed in the Office of the Secretary of State of the State of New York, the publications so filed being the books entitled: Code of Federal Regulations, Title 49, Parts 100 to 177, Parts 178 to 199, Parts 200 to 299 and Parts 300 to 399, revised as of October 1, 2013 [1990], published by the Office of the Federal Register, National Archives and Records Administration as a special edition of the Federal Register. The regulations incorporated by reference may be examined at the office of the Department of State, One Commerce Plaza, 99 Washington Avenue, Albany, NY 12231-0001, [162 Washington Avenue, Albany, NY 12231,] at the Libraries of the New York Supreme Court, the Legislative Library, the New York State Department of Transportation, Office of Counsel or Central Permit Office, 50 Wolf Road, [Traffic and Safety Division, State Office Campus, Building 5,] Albany, NY 12232. They may also be purchased from the Superintendent of Documents, Government Printing Office, Washington, DC 20402-0001. Copies of the Code of Federal Regulations are also available at many [may] public libraries and bar association libraries.
17 NYCRR section 720.12(a) is amended to read as follows:
17 NYCRR 720.12 Incorporation by reference.
(a) [Incorporation by certain Federal regulation by reference.] The provisions of the Code of Federal Regulations which have been incorporated by reference in this Part have been filed in the Office of the Secretary of State of the State of New York, the publication so filed being the book[let]s entitled: Code of Federal Regulations, Title 49, Parts 100 to 177 [185], [parts 200 to 399 (NYSDOS File No. 943, File Date June 23, 1997, Tracking No. CFR-95-10) and parts 400 to 999 (NYSDOS File No. 1701, File Date September 1, 1998, Tracking No. CFR-97-5) revised as of October 1, 1997,] Parts 178 to 199, Parts 200 to 299, Parts 300 to 399, Parts 400 to 571 and Parts 572 to 999, revised as of October 1, 2013 [1997], published by the Office of the Federal Register, National Archives and Records Administration, as a special edition of the Federal Register. The regulations incorporated by reference may be examined at the Office of the Department of State, One Commerce Plaza, 99 Washington Avenue, [41 State Street,] Albany, NY 12231-0001, at the law libraries of the New York State Supreme Court, the Legislative Library, the New York State Department of Transportation, Office of Counsel or Motor Carrier Compliance Bureau, 50 Wolf Road, [State Office Campus,] Albany, NY 12232. They may also be purchased from the Superintendent of Documents, Government Printing Office, Washington, DC 20402-0001. Copies of the Code of Federal Regulations are also available at many public libraries and bar association libraries.
17 NYCRR section 721.6 is repealed.
A new section 17 NYCRR 721.6 is added to read as follows:
17 NYCRR 721.6. Incorporation by reference.
The provisions of the Code of Federal Regulations which have been incorporated by reference in this part have been filed in the Office of the Secretary of State of the State of New York, the publication so filed being the books entitled: Code of Federal Regulations, Title 49, Parts 100 to 177, Parts 178 to 199, Parts 200 to 299, Parts 300 to 399, Parts 400 to 571 and Parts 572 to 999, revised as of October 1, 2013, published by the Office of the Federal Register, National Archives and Records Administration, as a special edition of the Federal Register. The regulations incorporated by reference may be examined at the Office of the Department of State, One Commerce Plaza, 99 Washington Avenue, Albany, NY 12231-0001, at the law libraries of the New York State Supreme Court, the Legislative Library, the New York State Department of Transportation, Office of Counsel or Motor Carrier Compliance Bureau, 50 Wolf Road, Albany, NY 12232. They may also be purchased from the Superintendent of Documents, Government Printing Office, Washington, DC 20402-0001. Copies of the Code of Federal Regulations are also available at many public libraries and bar association libraries.
17 NYCRR section 820.14 is amended to read as follows:
17 NYCRR section 820.14. Incorporation by reference.
The provisions of the Code of Federal Regulations which have been incorporated by reference in this Part have been filed in the Office of the Secretary of State of the State of New York, the publication so filed being the books entitled: Code of Federal Regulations, Title 49, Parts 100 to 177, Parts 178 to 199, Parts 200 to 299, Parts 300 to 399, revised as of October 1, 2013 [2003], published by the Office of the Federal Register, National Archives and Records Administration, as a special edition of the Federal Register. The regulations incorporated by reference may be examined at the Office of the Department of State, One Commerce Plaza, 99 Washington Avenue, Albany, NY 12231-0001, [41 State Street, Albany, NY 12231] at the law libraries of the New York State Supreme Court, the Legislative Library, the New York State Department of Transportation, Office of Counsel or Motor Carrier Compliance Bureau, 50 Wolf Road, Albany, NY 12232. They may also be purchased from the Superintendent of Documents, Government Printing Office, Washington, DC 20402-0001. Copies of the Code of Federal Regulations are also available at many public libraries and bar association libraries.
17 NYCRR Part 845 is repealed.
A new 17 NYCRR Part 845 is added to read as follows:
Section 845.0. Applicability.
(a) The rules and regulations in this part are applicable to equipment operated by or for, but not owned by authorized carriers of property and of household goods in intrastate, interstate and foreign commerce subject to the provisions of Articles 6, 8 and 9 of the Transportation Law.
(b) Incorporation by reference. The provisions of the Code of Federal Regulations which have been incorporated by reference in this Part have been filed in the Office of the Secretary of State of the State of New York, the publication so filed being the book entitled: Code of Federal Regulations, Title 49, Parts 300 to 399, revised as of October 1, 2013, published by the Office of the Federal Register, National Archives and Records Administration, as a special edition of the Federal Register. The regulations incorporated by reference may be examined at the Office of the Department of State, One Commerce Plaza, 99 Washington Avenue, Albany, NY 12231-0001, at the law libraries of the New York State Supreme Court, the Legislative Library, the New York State Department of Transportation, Office of Counsel or Motor Carrier Compliance Bureau, 50 Wolf Road, Albany, NY 12232. They may also be purchased from the Superintendent of Documents, Government Printing Office, Washington, DC 20402-0001. Copies of the Code of Federal Regulations are also available at many public libraries and bar association libraries.
The title of 17 NYCRR Part 855 is amended to read as follows: INSURANCE REQUIREMENTS FOR MOTOR CARRIERS OF PROPERTY [AND BROKERS]
17 NYCRR section 855.2 is amended to read as follows:
Section 855.2. Minimum levels of financial responsibility for interstate motor carriers of property. [Brokers.]
Incorporation by reference. The Commissioner of Transportation adopts Part 387 of Title 49 of the Code of Federal Regulations with the same force and effect as though herein fully set forth at length for for-hire motor carriers of property operating motor vehicle in interstate and foreign commerce and motor carriers transporting hazardous materials, hazardous substances, or hazardous wastes in interstate, intrastate, or foreign commerce. The provisions of the Code of Federal Regulations which have been incorporated in this Part have been filed in the Office of the Secretary of State of the State of New York, the publications so filed being the books entitled: Code of Federal Regulations, Title 49, Parts 100 to 185, Parts 186 to 199, Parts 200 to 299 and Parts 300-399, revised as of October 1, 2013, published by the Office of the Federal Register, National Archives and Records Administration, as a special edition of the Federal Register. The regulations incorporated by reference may be examined at the office of the Department of State, One Commerce Plaza, 99 Washington Avenue, Albany, NY 12231-0001, at the Libraries of the New York Supreme Court, the Legislative Library, the New York State Department of Transportation, Office of Counsel or Central Permit Office, 50 Wolf Road, Albany, NY 12232. They may also be purchased from the Superintendent of Documents, Government Printing Office, Washington, DC 20402-0001. Copies of the Code of Federal Regulations are also available at many public libraries and bar association libraries. [Every broker shall secure and maintain and file with this commissioner a corporate bond or policy of insurance in a company authorized to do business in this State by the Superintendent of Insurance, conditioned to insure financial responsibility and the supplying of authorized transportation in accordance with contracts, agreements or arrangements therefore. The bond or policy shall have a minimum liability of $10,000.]
Final rule as compared with last published rule:
Nonsubstantive changes were made in section 855.2.
Text of rule and any required statements and analyses may be obtained from:
David E. Winans, Associate Counsel, New York State Department of Transportation, 50 Wolf Road, 6th Floor, Albany, NY 12232, (518) 457-2411, email: david.winans@dot.ny.gov
Revised Job Impact Statement
Changes made to the last published rule do not necessitate revision to the previously published JIS. In the Notice of Proposed Rulemaking published in the State Register on 9/3/2014, new material listing the parts and volumes of the CFR to be incorporated by reference in 17 NYCRR 855.2 was complete and correct, but not underlined. That typographical error has been corrected in this Notice of Adoption.
