PKR-30-16-00010-P Updated List of Facilities Within the Jurisdiction of the Office of Parks, Recreation and Historic Preservation

7/27/16 N.Y. St. Reg. PKR-30-16-00010-P

NEW YORK STATE REGISTER

VOLUME XXXVIII, ISSUE 30

July 27, 2016

RULE MAKING ACTIVITIES

OFFICE OF PARKS, RECREATION AND HISTORIC PRESERVATION

PROPOSED RULE MAKING

NO HEARING(S) SCHEDULED

 

I.D No. PKR-30-16-00010-P

Updated List of Facilities Within the Jurisdiction of the Office of Parks, Recreation and Historic Preservation

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

Proposed Action:

Amendment of sections 384.1-384.4, 384.7, 384.10 and 384.11 of Title 9 NYCRR.

Statutory authority:

Parks, Recreation and Historic Preservation Law, sections 3.09(8) and 13.03(1)

Subject:

Updated list of facilities within the jurisdiction of the Office of Parks, Recreation and Historic Preservation.

Purpose:

To keep accurate the list of facilities within the jurisdiction of the Office of Parks, Recreation and Historic Preservation.

Text of proposed rule:

Title 9 NYCRR Part 384.1, pertaining to and entitled “Niagara Region,” is amended as follows:

Subdivision (a), (b), and (c) of section 384.1 are amended as follows:

(a) State parks.

Amherst	Erie
Beaver Island	Erie
Buckhorn Island	Erie
Buffalo Harbor	Erie
DeVeaux Woods	Niagara
Devil's Hole	Niagara
Earl W. Brydges Artpark	Niagara
Evangola	Erie
Fort Niagara	Niagara
Four Mile Creek	Niagara
Golden Hill	Niagara
Joseph Davis	Niagara
Knox Farm	Erie
Niagara Falls	Niagara
Reservoir	Niagara
Strawberry Island	Erie
Whirlpool	Niagara
Wilson-Tuscarora	Niagara
Woodlawn Beach	Erie

(b) Boat launches.

Big Six Mile Creek Marina	Erie
[Buckhorn Island	Erie]
[Erie Canal	Niagara]
Rt. 62 North Tonawanda Boat Launch	Niagara
[Upper Niagara River	Erie]

(c) Parkways.

[Robert Moses] Niagara Scenic Parkway	Niagara
South State	Erie
West River	Erie

Title 9 NYCRR Part 384.2, pertaining to and entitled “Allegany Region,” is amended as follows:

Subdivision (b) of Section 384.2 is amended as follows:

(b) Boat launches.

Allegheny Reservoir	[Allegany] Cattaraugus
Sunset Bay State Marine Park	Chautauqua

Title 9 NYCRR Part 384.3, pertaining to and entitled “Genesee Region,” is amended as follows:

Subdivision (b) of Section 384.3 is amended as follows:

(b) Boat launches.

Canal Park at Lock 32 (Pittsford)	Monroe
Conesus Lake Marine Park	Livingston
Irondequoit Bay Marine Park	Monroe
[Oak Orchard Marine Park East	Orleans]
[Oak Orchard Marine Park West	Orleans]
Oak Orchard Marine Park	Orleans

Title 9 NYCRR Part 384.4, pertaining to and entitled “Finger Lakes Region,” is amended as follows:

Subdivision (e) of Section 384.4 is amended as follows:

(e) Trails and miscellaneous.

Black Diamond Trail	Tompkins
Catharine Valley Trail	Chemung and Schuyler
[Sterling Conservation Easement	Cayuga]

Title 9 NYCRR Part 384.7, pertaining to and entitled “Palisades Region,” is amended as follows:

Subdivision (a) of Section 384.7 is amended as follows:

(a) State parks.

Bear Mountain	Orange and Rockland
Blauvelt	Rockland
Bristol Beach	Ulster
Franny Reese [Preserve]	Ulster
Goose Pond Mountain	Orange
Harriman	Orange and Rockland
Haverstraw Beach	Rockland
Highland Lakes	Orange
High Tor	Rockland
Hook Mountain	Rockland
[Iona Island	Rockland]
Lake Superior	Sullivan
Minnewaska State Park Preserve	Ulster
Nyack Beach	Rockland
Palisades	Rockland
Rockland Lake	Rockland
Schunnemunk	Orange
Sterling Forest	Orange
Storm King	Orange
Tallman Mountain	Rockland

Title 9 NYCRR Part 384.10, pertaining to and entitled “Saratoga-Capital District Region,” is amended as follows:

Subdivision (a), (d) and (e) of Section 384.10 are amended as follows:

(a) State parks.

Cherry Plain	Rensselaer
Grafton Lakes	Rensselaer
Hudson River Islands	Columbia
John Boyd Thacher	Albany
Lake Lauderdale	Washington
Max V. Shaul	Schoharie
Mine Kill	Schoharie
Mohawk River	Schenectady
Moreau Lake	Saratoga and Warren
Peebles Island	Saratoga
Saratoga Spa	Saratoga
Schodack Island	Columbia, Greene and Rensselaer
[Thompson's Lake	Albany]

(d) State historic sites.

Bennington Battlefield	Rensselaer and Washington
Crailo	Rensselaer
Grant Cottage	Saratoga
Guy Park	Montgomery
Johnson Hall	Fulton
[Rexford Aqueduct	Schenectady]
Schoharie Crossing	Montgomery
Schuyler Mansion	Albany
Susan B. Anthony	Washington

Subdivision (e) of Section 384.10 is amended as follows:

(e) Trails and miscellaneous.

Hudson-Mohawk Trail	Albany, Schenectady, Montgomery, Herkimer
Washington County Trail	Washington County
Albany Pine Bush Preserve	Albany
Rexford Aqueduct - (listed on National and State Registers of Historic Places)	Schenectady

Title 9 NYCRR Part 384.11, pertaining to and entitled “New York City Region,” is amended as follows:

Subdivision (a) of Section 384.11 is amended as follows:

(a) State parks.

Bayswater Point	Queens
Clay Pit Ponds State Park Preserve	Richmond
East River	Kings
FDR Four Freedoms	New York
Gantry Plaza	Queens
[Hudson River Park	New York]
Riverbank	New York
Roberto Clemente	Bronx

Subdivision (b) of Section 384.11 is added as follows:

(b) State Historic Sites

Stonewall Inn

New York

Subdivision (c) of Section 384.11 is added as follows:

(c) Trails and miscellaneous.

Hudson River Park

New York

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

Shari Calnero, Office of Parks, Recreation and Historic Preservation, 625 Broadway, Albany, NY 12207, [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.

Regulatory Impact Statement

Statutory Authority:

Section 3.09(8) of the Parks, Recreation and Historic Preservation Law (Parks Law) authorizes OPRHP to create, amend, or rescind its rules to adequately perform the functions, powers, and duties of the Office. In addition, Section 13.03(1) of the Parks Law directs the OPRHP Commissioner to maintain a current list of these facilities.

Legislative Objectives:

The Legislature has tasked OPRHP with maintaining, describing, and updating the list of facilities (Parks Law Section 13.03(1)).

Needs and Benefits:

The current list at 9 NYCRR Part 384 is outdated. This amendment will ensure that the list of facilities is accurate, allowing OPRHP to fulfill its statutory mandate under Parks Law Section 13.03(1).

Cost-Benefit Analysis:

There are no costs associated with updating OPRHP’s official list of facilities. The State and the public will benefit from having an accurate, organized list and description of these facilities.

Local Government Mandates:

The proposed rule does not affect any local governments.

Paperwork:

The proposed rule does not require OPRHP staff to complete any additional paperwork other than processing the rule.

Duplication:

There is no overlap or duplication with other state or federal requirements.

Alternatives:

There is no alternative to updating the official list of OPRHP facilities because OPRHP is required to keep an accurate list of state parks, parkways, recreational facilities, and state historic sites.

Federal Standards:

The proposed regulatory changes do not violate any federal standards.

Compliance Schedule:

The rule will take effect on the date the Notice of Adoption is published in the New York State Register.

Regulatory Flexibility Analysis

A Regulatory Flexibility Analysis is not required for this proposal since it will not impose any adverse economic impact on small businesses or local governments. The proposed rule merely updates the list of facilities under OPRHP jurisdiction. Therefore, a Regulatory Flexibility Analysis is not required.

Rural Area Flexibility Analysis

A Rural Area Flexibility Analysis is not required for this proposed rule because it does not impose an adverse economic impact on any private or public sector interests in rural areas. The proposed rule merely updates the list of facilities under OPRHP jurisdiction. Therefore, a Rural Area Flexibility Analysis is not required.

Job Impact Statement

The regulations that are the subject of this proposed rule making (9 NYCRR 384.1 through 384.11) provide a listing of current state parks, parkways, recreation facilities, state land and historic sites within the jurisdiction of OPRHP (Facilities). The proposed amendments provide an updated list of these Facilities that have been added, renamed, merged, or are no longer within OPRHP’s jurisdiction; therefore, the amendments will not affect jobs or employment opportunities.