PSC-20-13-00010-P Amendments to 16 NYCRR Chapter I, Subchapter A, Part 10

5/15/13 N.Y. St. Reg. PSC-20-13-00010-P

NEW YORK STATE REGISTER

VOLUME XXXV, ISSUE 20

May 15, 2013

RULE MAKING ACTIVITIES

PUBLIC SERVICE COMMISSION

PROPOSED RULE MAKING

NO HEARING(S) SCHEDULED

 

I.D No. PSC-20-13-00010-P

Amendments to 16 NYCRR Chapter I, Subchapter A, Part 10

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 Part 10 of Title 16 NYCRR.

Statutory authority:

Public Service Law, sections 4(1), 63-ff and 66

Subject:

Amendments to 16 NYCRR Chapter I, Subchapter A, Part 10.

Purpose:

To consider amendments to 16 NYCRR Chapter I, Subchapter A, Part 10.

Text of proposed rule:

SUBCHAPTER A, General

PART 10 REFERENCED MATERIAL

§ 10.2 Federal Regulations.

(5) 49 CFR part 193, Liquefied Natural Gas Facilities: Federal Safety Standards (Revised as of October 1, 20[04]12).

(6) 49 CFR part 195, Transportation of Hazardous Liquids by Pipeline (Revised as of October 1, 20[06]12).

Text of proposed rule and any required statements and analyses may be obtained by filing a Document Request Form (F-96) located on our website http://www.dps.state.ny.us/f96dir.htm. For questions, contact:

Deborah Swatling, Public Service Commission, 3 Empire State Plaza, Albany, New York 12223-1350, [phone], email: [e-mail]

Data, views or arguments may be submitted to:

Jeffrey C. Cohen, Acting Secretary, Public Service Commission, 3 Empire State Plaza, Albany, New York 12223-1350, [phone], email: [e-mail]

Public comment will be received until:

45 days after publication of this notice.

Consensus Rule Making Determination

This rule is being proposed as a consensus rule because, in accordance with State Administrative Procedure Act (SAPA) § 102(11)(c), it makes technical changes or is otherwise non-controversial.

Subchapter A of Part 10 of New York Code of Rules and Regulations (NYCRR) currently references Federal Regulations with revision dates that are no longer current. The proposed changes to this section update the revision dates of the referenced Federal Regulations to reflect the most current versions of the Federal Regulations.

The proposed rulemaking is non-controversial because regulated entities to which the sections apply are already subject to the updated Federal Regulations. No objections to adoption of the rule as written are expected. In accordance with the provisions of the SAPA § 202(1)(b)(i), this therefore should be considered a consensus rulemaking.

Job Impact Statement

The Department of Public Service (DPS) projects that there will be no adverse impacts on jobs or employment opportunities in the State of New York as a result of this proposed rule change. The proposed rule change merely brings Part 10 of New York Code of Rules and Regulations (NYCRR) Title 16 into conformance with Federal Regulations by updating the referenced Federal Regulations to reflect the current revision dates. The entities to which this provision applies are already subject to the current Federal Regulations. Since nothing in this proposed rule will create any adverse impacts on jobs or employment opportunities in the state, no further steps were needed to ascertain these facts and none were taken. As is apparent from the nature and purpose of this proposed rule change, a full job Impact Statement is not required and therefore has not been prepared.