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Notice of Revised Rule Making

Submitting Agency: Environmental Conservation, Department of

[ ] Approval has been granted by GORR to propose this rule making.
[ ] This rule making does not require GORR approval.

TEXT/SUBSTANCE AND ATTACHMENTS SUBMITTED:

Note: Typing and submission instructions are at the end of this form. Please be sure to COMPLETE ALL ITEMS. Incomplete forms and nonscannable text attachments will be cause for rejection of this notice.

1. Proposed action:

Amendment of Parts 608.1, 608.3, and 608.6, Title 6 NYCRR
Amendment of Parts 621.4, Title 6 NYCRR
Amendment of Part 673, Title 6 NYCRR

2. Statutory authority under which the rule is proposed:
Statutory authority to make these rules exists in Article 3 Title 3 and Article 15 Title 5 of the New York State
Environmental Conservation Law.

3. Subject of the rule:
Changes dam safety and permit requirements to be consistent with ECL.

4. Purpose of the rule:
Amend 6 NYCRR parts 608, 621 & 673 to comply with Chapter 364 (1999) and amend Part 673 to comply with
Chapter 178 (2006)

5. Terms of rule (SELECT ONE):
[ ] The full text of the rule is attached since it is under 2,000 words.
[x] A summary of the rule is attached since the full text of the rule is over 2,000 words.

6. Public hearings (check box and complete as applicable):
[x] NO public hearing is scheduled. (SKIP TO ITEM 10)
[ ] A public hearing is required by law and is scheduled as indicated below. (Note: first hearing date must
be at least 45 days after publication of this notice unless a different time is specified in statute.)
[ ] A public hearing is not required by law, but is scheduled as indicated below

7. Interpreter services (check only if a public hearing is scheduled):

8. Accessibility (check appropriate box only if a public hearing is scheduled):

9. Revised rule compared to proposed rule (identify only those changes made since the last published rule):

1. The original notice of proposed rule making was published in the State Register on:
   02/13/2008, I.D. No. ENV-07-08-00011 - P
2. List the date and I.D. No. of any previously published notice(s) of revised rule making:
   (none)
3. Substantial revisions were made in [Parts, sections, subdivisions or paragraphs]:
   Part 673; Part 621.4; 608.1; 608.3; 608.6

10. The revised text of the rule and any required statements and analyses may be obtained from:

11. Submit Data, views or arguments to (complete only if different than previously named agency contact):

12. Public comment will be received until:

[x] 30 days after publication of this notice [MINIMUM public comment period, SAPA §202(4-a)(a)]
[ ] Other: (specify)____________________________

13. Additional matter required by statute:

[ ] YES (include below material required by statute).

[x] NO additional material required by statute.

14. Revised Regulatory Impact Statement (RIS)
(SELECT AND COMPLETE ALL THAT APPLY; ALL ATTACHMENTS MUST BE 2,000 WORDS OR LESS, EXCLUDING SUMMARIES OF STUDIES, REPORTS OR ANALYSES [Needs and Benefits])

1. The attached Revised RIS contains:
   [x] The full text of the Revised RIS.
   [ ] A summary of the Revised RIS.
2. A statement is attached explaining why a Revised RIS is not required (check one box):
   [ ] Changes made to the last published rule do not necessitate revision to the previously published RIS.
   [ ] This is a technical amendment exempt from SAPA §202-a.

15. Revised Regulatory Flexibility Analysis (RFA) for small businesses and local governments (SELECT AND COMPLETE ALL THAT APPLY; ALL ATTACHMENTS MUST BE 2,000 WORDS OR LESS)

1. The attached Revised RFA contains:
   [x] The full text of the Revised RFA.
   [ ] A summary of the Revised RFA.
2. A statement is attached explaining why a Revised RFA is not required (check one box):
   [ ] Changes made to the last published rule do not necessitate revision to the previously published RFA.
   [ ] The changes will not impose any adverse economic impact or reporting, recordkeeping or other compliance requirements on small businesses or local governments. The attached statement sets forth this agency's findings and the reason(s)

16. Revised Rural Area Flexibility Analysis (RAFA)
(SELECT AND COMPLETE ALL THAT APPLY; ALL ATTACHMENTS MUST BE 2,000 WORDS OR LESS)

1. The attached Revised RAFA contains:
   [x] The full text of the Revised RAFA.
   [ ] A summary of the Revised RAFA.
2. A statement is attached explaining why a revised RAFA is not required (check one box):
   [ ] Changes made to the last published rule do not necessitate revision to the previously published RAFA.
   [ ] The changes will not impose any adverse impact or reporting, recordkeeping or other compliance requirements on public or private entities in rural areas. The attached statement sets forth this agency's findings and the reason(s) upon which the findings were made, including what measures were used to determine those findings.

17. Revised Job Impact Statement (JIS)
(SELECT AND COMPLETE ALL THAT APPLY; ALL ATTACHMENTS MUST BE 2,000 WORDS OR LESS)

1. The attached Revised JIS contains:
   [x] The full text of the Revised JIS.
   [ ] A summary of the Revised JIS.
2. A statement is attached explaining why a revised JIS is not required (check one box):
   [ ] Changes made to the last published rule do not necessitate revision to the previously published JIS.
   [ ] The changes will not impose a substantial impact on jobs and employment opportunities. The attached statement sets forth this agency's findings that the rule will have a positive impact or no impact on jobs and employment opportunities; except when it is evident from the subject matter of the rule that it could only have a positive impact or no impact on jobs and employment opportunities, the statement shall include a summary of the information and methodology underlying that determination.
3. [ ] A revised JIS is not attached because this rule was proposed by the State Comptroller or Attorney General.

18. Assessment of Public Comment (including legislative comment) (CHECK ONE):

[x] Attached is an assessment of public comment.
No particular form is required, and it need only include comments not addressed in any previously published assessment of public comment for this rule. However, the assessment must be based on any written comments received by the agency and any comments presented at any public hearing held by the agency about this proposal. It must contain a summary and an analysis of the issues raised and significant alternatives suggested, a statement of the reason(s) why any significant alternatives were not incorporated, and a description of any changes made as a result of such comments. If the assessment exceeds 2,000 words, submit a summary.
[ ] An assessment is not attached because no comments were received.

AGENCY CERTIFICATION (To be completed by the person who PREPARED the notice)

I have reviewed this form and the information submitted with it. The information contained in this notice is correct to the best of my knowledge.

I have reviewed Article 2 of SAPA and Parts 260 through 263 of 19 NYCRR, and I hereby certify that this notice complies with all applicable provisions.

Name: Robert Simson
Address: NYSDEC, Division of Water, 625 Broadway, 4th Floor, Albany, NY 12233
Telephone: (518) 402-8271
Email: rjsimson@gw.dec.state.ny.us
Date:

Please read before submitting this notice:

SPECIAL NOTE: Actions proposed as a Consensus Rule Making cannot be revised.

1. Except for this form itself, all text must be typed in the prescribed format as described in the Department of State's Register procedures manual, Rule Making in New York.
2. Collate the original and attachments as: (1) form; (2) text or summary of rule; and, if any, (3) regulatory impact statement, (4) regulatory flexibility analysis for small businesses and local governments, (5) rural area flexibility analysis, (6) job impact statement, (7) assessment of public comment. Submit the originals, as collated and ONE copy of that collated set.
3. Mail or hand deliver hard copy of rule making package to: Department of State, Division of Administrative Rules, 41 State Street, Suite 330, Albany, NY 12231-0001.
4. E-mail attachments to: nysregister@dos.state.ny.us or attach a disk containing the text/substance and required material.

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  Albany, 12233-3504
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