PKR-42-09-00002-P Snowmobile Accident Reports

10/21/09 N.Y. St. Reg. PKR-42-09-00002-P

NEW YORK STATE REGISTER

VOLUME XXXI, ISSUE 42

October 21, 2009

RULE MAKING ACTIVITIES

OFFICE OF PARKS, RECREATION AND HISTORIC PRESERVATION

PROPOSED RULE MAKING

NO HEARING(S) SCHEDULED

 

I.D No. PKR-42-09-00002-P

Snowmobile Accident Reports

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

Proposed Action:

This is a consensus rule making to amend sections 453.1 and 457.1 of Title 9 NYCRR.

Statutory authority:

Parks, Recreation and Historic Preservation Law, section 3.09(8) and subtitle D

Subject:

Snowmobile accident reports.

Purpose:

To clarify definitions and update the threshold to $1,000 for reporting property damage from snowmobile accidents.

Text of proposed rule:

Section 453.1 Definitions

Subdivision (l) is repealed and subdivisions (m) through (ff) are renumbered (l) through (ee) and new subdivisions (y) and (aa) are amended as follows:

[(z)] (y) Special assistant to person in charge shall mean the person or persons [appointed by the commissioner pursuant to the provisions of article 25 of the Parks, Recreation and Historic Preservation Law] assigned by the person in charge to assist at a particular special event.

[(bb)] (aa) Bureau shall mean the Snowmobile Bureau [of Marine and Recreational Vehicles] of the Office of Parks, Recreation and Historic Preservation, Agency Building 1, Empire State Plaza, Albany, NY 12238.

Section 457.1 Accident reporting.

Subdivisions (a) and (c) are amended as follows:

(a) It shall be the duty of the operator of a snowmobile involved in any accident, as defined in this [section] subchapter, so far as he can do so, to render to other persons affected by said accident such assistance as may be practicable and as may be necessary in order to save them from or minimize any danger caused by the occurrence.

(c) The operator of every snowmobile involved in any [reportable] accident [, as defined herein,] resulting in loss of life, personal injury, or property damage in excess of $1,000 shall, within seven days of the accident, file a complete written report and description of the accident as provided in this section.

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

Kathleen L. Martens, Office of Parks, Recreation and Historic Preservation, ESP, Agency Building 1, 19th floor, Albany, NY 12238, [phone], email: [e-mail]

Data, views or arguments may be submitted to:

Same as above.

Public comment will be received until:

45 days after publication of this notice.

Consensus Rule Making Determination

No one is likely to object to this rule. It includes technical changes to definitions and conforms the text to a non-discretionary statutory change.

Job Impact Statement

The existing rule does not affect jobs or employment opportunities and repeal and amendment of these subdivisions would not affect jobs or employment opportunities.