TRN-11-15-00014-P Use of Rest Areas (Section 156.3) and Safe Operation of Commercial Motor Vehicles (Section 820.14)

3/18/15 N.Y. St. Reg. TRN-11-15-00014-P

NEW YORK STATE REGISTER

VOLUME XXXVII, ISSUE 11

March 18, 2015

RULE MAKING ACTIVITIES

DEPARTMENT OF TRANSPORTATION

PROPOSED RULE MAKING

NO HEARING(S) SCHEDULED

 

I.D No. TRN-11-15-00014-P

Use of Rest Areas (Section 156.3) and Safe Operation of Commercial Motor Vehicles (Section 820.14)

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 156.3(c) and 820.14 of Title 17 NYCRR.

Statutory authority:

Transportation Law, section 14(18); Vehicle and Traffic Law, section 1626

Subject:

Use of rest areas (section 156.3) and safe operation of commercial motor vehicles (section 820.14).

Purpose:

To update applicable regulations in 17 NYCRR 156.3(c) and 820.14.

Text of proposed rule:

17 NYCRR 156.3(c) is amended as follows:

(c) Parking of vehicles for longer than three hours during the hours of darkness is not permitted in any rest or parking area or scenic overlook; provided, however, that a commercial motor vehicle, as defined in section 820.1 [819.1] of this Title [or a motor bus as defined in section 723.1(f)] of this Title, may, except as provided otherwise by the Department of Transportation [Transportaion] by the posting of signs, remain motionless at such an area for up to ten [eight] hours [during the hours of darkness] if the commercial vehicle driver is present and is required to use this period as off duty or sleeper berth time to allow rest in accordance with Federal or State motor carrier safety hours of service regulations.

17 NYCRR 820.14 is amended to read as follows:

Section 820.[14] 13. 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 booklets entitled: Title 49 Code of Federal Regulations Parts 100 to 185, Parts 186 to 199 and Parts 200 to 299 and 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. Copies of the Code of Federal Regulations are also available at many public libraries and bar association libraries.

Text of proposed 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, [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

NYSDOT has determined that no person is likely to object to the amendment of 17 NYCRR 156.3(c) and the renumbering of 17 NYCRR 820.14 as herein proposed, the purposes of the amendments being non-controversial and not substantive changes to NYSDOT policy.

Job Impact Statement

1. Nature of impact: The proposed rule changes are for the purpose of updating the Department’s regulations related to use of rest / parking areas and scenic overlooks in 17 NYCRR 156.3(c). The amendment to 17 NYCRR 820.14 is a renumbering to 17 NYCRR 820.13; no changes to the content of section 820.14 are being proposed. As such, the rule changes are not expected to have an impact on jobs.

2. Categories and numbers affected: The period of authorized use of rest / parking areas and scenic overlooks by commercial motor vehicle operators will increase from 8 hours to 10 hours under the proposed amendment to 17 NYCRR 156.3(c). The CFR regulations currently incorporated by reference in 17 NYCRR 820.14 will be unchanged after the renumbering to 17 NYCRR 820.13.

3. Regions of adverse impact: No adverse impact on jobs in any particular region or regions is anticipated.

4. Minimizing adverse impact: The purpose of the subject regulations is the advancement of public safety; consequently, there are no adverse impacts expected.