Rural Area Flexibility Analysis Revised 6 NYCRR Part 248
1. Types and estimated numbers of rural area:
Environmental Conservation Law (ECL) section 19-0323 and Part 248 specifically exempt those heavy duty vehicles (HDVs) defined under subparagraph 401.7(E)(2) and subdivision 401.13 of the New York State Vehicle and Traffic Law. Those exempt vehicles include agricultural and farm registered/plated heavy duty vehicles. The proposed revised regulation will apply in rural areas. Work may be conducted on behalf of the state in rural areas. As defined in the proposed revised regulation, "on behalf of" means all heavy duty vehicles used to perform regulated entity work by a prime contractor. Those vehicles include, but are not limited to, heavy duty vehicles owned, operated or leased by a prime contractor. However, vehicles used exclusively as snowplows under contract with a regulated entity are specifically exempt from the heavy duty vehicle definition in the proposed revised regulation. Prime contractors located in rural areas will be subject to the requirements in the regulation. The proposed revision will remove subcontractors from applicability. Since the department can not make a reputable estimate of the number of contract solicitations or awards that will occur in rural areas, it is difficult to predict the number of affected prime contractors at this time.
2. Reporting, recordkeeping and other compliance requirements; and professional services:
There are no reporting, recordkeeping or other compliance requirements associated with the proposed revisions to Part 248 for those HDVs identified as exempted agricultural or farm vehicles. Additionally, owners/operators of exempt vehicles will not need to submit any paperwork to prove that the vehicle is an exempted vehicle.
Owners/operators of exempt vehicles are not required to obtain any professional services to comply with the proposed revised regulation. Prime contractors working on behalf of the state will be subject to the reporting, recordkeeping and other compliance requirements as noted in the regulation. A useful life waiver provision will be included in the regulation which allows the Department to issue a waiver of the requirements of this part to a BART regulated entity or prime contractor upon receipt of request from such entity or prime contractor provided that such vehicle will be permanently taken out of service in New York State on or before December 31, 2013 pursuant to recent revisions to ECL section 19-0323.
Since agricultural and farm vehicles are largely exempt from the proposed revisions to Part 248, there are no costs incurred by owners/operators to comply with this regulation. Costs to prime contractors are unknown at this time since it ultimately will depend on the prime contractor selected best available retrofit technology (BART) device installed on each affected prime contractor vehicle. Estimated costs for the BART devices are described in more detail in the Regulatory Impact Statement and incorporated here.
4. Minimizing adverse impact:
There will be no adverse impact on rural areas as a result of this proposed revised regulation. The regulation specifically exempts agricultural and farm HDVs used exclusively for agricultural purposes.
5. Rural area participation:
There will be a public comment period in which interested parties can submit written comments on the proposed revisions to the regulation.