Rule Making Activities
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RULE MAKING ACTIVITIES Each rule making is identified by an I.D. No., which consists Park Lane South; then south and west on Park Lane South to 112th Street; then south on 112th Street to Atlantic Avenue; then west on Atlantic Ave- of 13 characters. For example, the I.D. No. AAM-01-96- nue to 106th Street; then south on 106th Street to 101st Avenue the east on 00001-E indicates the following: 101st Avenue to 106th Street and then south on 106th Street to Liberty Av- enue; then west on Liberty Avenue to Euclid Avenue; then south on Euclid AAM -the abbreviation to identify the adopting agency Avenue to Linden Boulevard; then west on Linden Boulevard to Caton Av- 01 -the State Register issue number enue; then west on Caton Avenue to the Prospect Expressway; then north and west on the Prospect Expressway to the Gowanus Expressway (Inter- 96 -the year state 278); then north and west on the Gowanus Expressway (Interstate 00001 -the Department of State number, assigned upon 278) to the Hugh L. Carey/Brooklyn Battery Tunnel (Interstate 478); then receipt of notice. north through the Hugh L. Carey/Brooklyn Battery Tunnel (Interstate 478) to the point where the tunnel meets the Brooklyn shoreline then north along E -Emergency Rule Making—permanent action the Brooklyn and then Queens shoreline of the East River to the point of not intended (This character could also be: A beginning. for Adoption; P for Proposed Rule Making; RP Subdivision (b) of section 139.2 of 1 NYCRR is amended to read as follows: for Revised Rule Making; EP for a combined (b) That area in the Villages of Amityville, Babylon, Farmingdale, Emergency and Proposed Rule Making; EA for Lindenhurst, Massapequa Park and the hamlets of North Amityville, an Emergency Rule Making that is permanent Bethpage, Old Bethpage, North Babylon, West Babylon, Copiague, Deer Park, East Farmingdale, South Farmingdale, North Lindenhurst, Melville, and does not expire 90 days after filing.) Massapequa, East Massapequa, North Massapequa, Wheatley Heights and Wyandanch; in the Towns of Babylon, Oyster Bay and Huntington; in the Italics contained in text denote new material. Brackets Counties of Nassau and Suffolk and bounded by a line beginning at a indicate material to be deleted. point where West Main Street (Route 27A) intersects the west shoreline of [Carll’s] Carlls River; then west along West Main Street (Route 27A) to its intersection with [Route 109] Little East Neck Road (Route 109); then northwest along [Route 109] Little East Neck Road (Route 109) to the point where Little East Neck Road and Route 109 diverge; continuing northwest along Little East Neck Road to its junction with Belmont Ave- Department of Agriculture and nue; then north along Belmont Avenue to its intersection with August Road; then southeast on August Road to its junction with Chuck [Blvd.] Markets Boulevard; then northeast along Chuck [Blvd.] Boulevard to its intersec- tion with Erlanger [Blvd.] Boulevard; then east along Erlanger [Blvd.] Boulevard to its intersection with Woods Road; then north along Woods PROPOSED RULE MAKING Road to its intersection with Westview Avenue; then west along Westview NO HEARING(S) SCHEDULED Avenue to its intersection with W 24th Street; then north along W 24th Street to its intersection with Grand [Blvd.] Boulevard; then east on Grand [Blvd.] Boulevard to its intersection with W 23rd Street; then north along Asian Long Horned Beetle (ALB) W 23rd Street continuing north over the Long Island Rail Road tracks and I.D. No. AAM-10-17-00004-P intersecting with Acorn Street; then west along Acorn Street to its junction with Adams Street; then following Adams Street north and then east to its junction with Somerset Place; then north on Somerset Place to its intersec- PURSUANT TO THE PROVISIONS OF THE State Administrative Pro- tion with Nicolls Road; then west on [Nicholls] Nicolls Road to its cedure Act, NOTICE is hereby given of the following proposed rule: intersection with Venedia Drive; then north on Venedia Drive to its Proposed Action: This is a consensus rule making to repeal section intersection with Straight Path; then southwest on Straight Path to its junc- 139.2(a); add new section 139.2(a); and amend section 139.2(b) of Title 1 tion with Brown [Blvd.] Boulevard; then north on Brown [Blvd.] Boule- NYCRR. vard to its intersection with Foothill Place; then west on Foothill Place to Statutory authority: Agriculture and Markets Law, sections 18, 164 and its intersection with Landscape Drive; then north on Landscape Drive to 167 the point it becomes West Hills Place; then north on West Hills Place to the point it intersects with West Farm Drive; then west on West Farm Drive Subject: Asian Long Horned Beetle (ALB). to its intersection with Bagatelle Road; then north along Bagatelle Road to Purpose: To lift the ALB quarantine in eastern Queens since the insect has its intersection with the south service road of the Long Island Expressway, no longer been detected there. To make technical changes. following the south service road of the Long Island Expressway west to its Text of proposed rule: Subdivision (a) of section 139.2 of 1 NYCRR is re- intersection with Round Swamp Road; then south on Round Swamp Road pealed, and a new subdivision (a) is added to read as follows: to its junction with Quaker Meeting House Road; then southwest on (a) That area in the boroughs of Brooklyn and Queens in the City of Quaker Meeting House Road until it intersects with [Merrits] Merritts New York that is bounded by a line beginning at the point where the Rob- Road; then west on [Merrits] Merritts Road until the point it becomes ert F. Kennedy/Triborough Bridge intersects with the Queens shoreline; Central Avenue; continuing west on Central Avenue until it intersects with then north and east along the Queens shoreline to its intersection with the Bethpage Parkway; then south on the Bethpage Parkway until its Flushing Creek; then south along the western shoreline of Flushing Creek intersection with [(Route 24)] Hempstead Turnpike (Route 24); then west until its intersection with the Roosevelt Avenue Bridge; then east on the along Hempstead Turnpike (Route 24) to its intersection with Hemlock Roosevelt Avenue Bridge to its intersection with the Van Wyck Expressway Drive; then south along Hemlock Drive to its intersection with Cheryl (Interstate 678); then south along the Van Wyck Expressway (Interstate Lane North; then east and south along Cheryl Lane North to its intersec- 678) to its intersection with the Jackie Robinson Parkway; then west on tion with Boundary Avenue; then east on Boundary Avenue to its intersec- the Jackie Robinson Parkway to Park Lane; then south on Park Lane to tion with North Broadway; then south on North Broadway and Broadway 1 Rule Making Activities NYS Register/March 8, 2017 to its junction with Hicksville Road; then south along Hicksville Road to CVS-07-16-00009-P February 17, 2016 February 16, 2017 the point it becomes Division Avenue continuing south along Division Av- enue to its intersection with South Oyster Bay; then east along the shoreline to [Carll’s] Carlls River, then north along the west shoreline of [Carll’s] Carlls River to the point of beginning. Department of Corrections and Text of proposed rule and any required statements and analyses may be obtained from: Christopher Logue, Director, Division of Plant Industry, NYS Department of Agriculture and Markets, 10B Airline Drive, Albany, Community Supervision New York 12235, (518) 457-2087, email: [email protected] Data, views or arguments may be submitted to: Same as above. NOTICE OF ADOPTION Public comment will be received until: 45 days after publication of this notice. Residential Treatment Facility Designation Consensus Rule Making Determination I.D. No. CCS-51-16-00005-A The Department has considered the proposed rule making and has Filing No. 120 determined that the rule is a consensus rule within the meaning of the State Administrative Procedure Act section 102(11) in that no person is Filing Date: 2017-02-17 likely to object to the rule as written since it is noncontroversial. Effective Date: 2017-03-08 The proposed rule repeals section 139.2(a) of 1 NYCRR and adds a new section 139.2(a), which lifts approximately 26 and one-half square PURSUANT TO THE PROVISIONS OF THE State Administrative Pro- miles of the Asian long horned beetle (ALB) quarantine in eastern Queens. cedure Act, NOTICE is hereby given of the following action: This action is appropriate at this time since the insect has not been detected in this area during two comprehensive surveys and one tree climbing Action taken: Amendment of sections 100.20(c), 100.100(d) and survey of host trees. 100.109(c) of Title 7 NYCRR. ALB can cause serious damage to healthy trees by boring into their Statutory authority: Correction Law, sections 70 and 112 heartwood and eventually killing them. Nursery stock, logs, green lumber, Subject: Residential treatment facility designation. firewood, stumps, roots, branches and debris of a half inch or more in di- Purpose: To designate additional correctional facilities, or parts thereof, ameter are subject to infestation. Host hardwood materials at risk to attack to serve as residential treatment facilities. and infestation include species of the following: Acer (Maple); Aesculus (Horse Chestnut); Albizzia (Silk Tree or Mimosa); Betula (Birch); Popu- Text or summary was published in the December 21, 2016 issue of the lus (Poplar); Salix (Willow); Ulmus (Elm); Celtis (Hackberry), Fraxinus Register, I.D. No. CCS-51-16-00005-EP. (Ash); Cercidiphyllum japonicum (Katsura); Platanus (Plane tree, Final rule as compared with last published rule: No changes.