New York Register, Volume 37, Issue 22, June 3, 2015
| Jurisdiction | New York |
| Library | New York Register |
| Published date | 03 June 2015 |
| Year | 2015 |
RULE MAKING
ACTIVITIES
Each rule making is identified by an I.D. No., which consists
of 13 characters. For example, the I.D. No.
AAM-01-96-00001-E indicates the following:
AAM -the abbreviation to identify the adopting agency
01 -the State Register issue number
96 -the year
00001 -the Department of State number, assigned upon
receipt of notice.
E -Emergency Rule Making—permanent action
not intended (This character could also be: A
for Adoption; P for Proposed Rule Making; RP
for Revised Rule Making; EP for a combined
Emergency and Proposed Rule Making; EA for
an Emergency Rule Making that is permanent
and does not expire 90 days after filing.)
Italics contained in text denote new material. Brackets
indicate material to be deleted.
Department of Agriculture and
Markets
EMERGENCY/PROPOSED
RULE MAKING
HEARING(S) SCHEDULED
Importation of Poultry, That Have Not Been Determined to be
Free of Avian Influenza, into the State
I.D. No. AAM-22-15-00004-EP
Filing No. 384
Filing Date: 2015-05-14
Effective Date: 2015-05-14
PURSUANT TO THE PROVISIONS OF THE State Administrative Pro-
cedure Act, NOTICE is hereby given of the following action:
Proposed Action: Amendment of sections 45.1 and 45.6 of Title 1
NYCRR.
Statutory authority: Agriculture and Markets Law, sections 16, 18, 72
and 74
Finding of necessity for emergency rule: Preservation of general welfare.
Specific reasons underlying the finding of necessity: The proposed rule
will prohibit poultry that have not been determined to be free of avian
influenza from entering the State; presently, poultry that have not been so
determined may enter the State if they are not being shipped to a live bird
market. Poultry that contract avian influenza die quickly, and the proposed
rule will help to minimize the incidence of avian influenza in the State,
thereby benefitting the State’s poultry industry.
Subject: Importation of poultry, that have not been determined to be free
of avian influenza, into the State.
Purpose: To minimize the incidence of avian influenza in the State's
poultry population.
Public hearing(s) will be held at: 11:00 a.m., July 23, 2015 at Department
of Agriculture and Markets, 10B Airline Dr., Albany, NY.
Interpreter Service: Interpreter services will be made available to hearing
impaired persons, at no charge, upon written request submitted within rea-
sonable time prior to the scheduled public hearing. The written request
must be addressed to the agency representative designated in the paragraph
below.
Accessibility: All public hearings have been scheduled at places reason-
ably accessible to persons with a mobility impairment.
Text of emergency/proposed rule: Section 45.1 of 1 NYCRR is amended
by adding thereto subdivisions (n), (o), (p), (q) and (r), to read as follows:
(n) Imported for Immediate Slaughter means importation of poultry
into the State followed by slaughter within 144 hours of the time of import.
(o) Avian Influenza Monitored Source Flock means a flock that has
been so certified by the source state or country and that has met the fol-
lowing requirements:
(1) The flock has been together, without any additions thereto, for a
minimum of 21 days before the first test for avian influenza is performed;
and (2) No birds have been added to the flock after the first test was
performed; and
(3) Samples have been properly collected from thirty birds, each of
which are at least three weeks of age and all of which are representative
of the flock, from all pens and houses on the farm. If the flock contains less
than 30 birds, all birds within the flock must be tested. Notwithstanding
the preceding:
i. For serology, blood collection from silkies and other small
breeds of chickens may be delayed until the birds are 6 to 8 weeks of age.
ii. For serology, blood collection from guineas, chukars, and quail
may be delayed until the birds are 5 to 6 weeks of age.
iii. Eggs may be substituted for blood samples from quail and
chukars after they start laying; and
(4) The samples referred to in paragraph (3) of this subdivision have
been tested using an official test approved by the United States Depart-
ment of Agriculture conducted in a laboratory approved by the United
States Department of Agriculture and/ or the State to conduct such testing,
to determine if the birds from which such samples were obtained have
avian influenza; and
(5) Three consecutive series of samples of the type referred to in
paragraph (3) of this subdivision, each of which was collected between 21
– 30 days after the previous collection, have been determined by a labora-
tory of the type referred to in paragraph (4) of this subdivision to be free
of avian influenza. New birds may be added to a flock that has been certi-
fied as an avian influenza monitored flock, as provided for herein, only if
such birds are from a flock that has been certified as an avian influenza
monitored flock or have been determined by the Commissioner of
Agriculture and Markets to be a flock or part of a flock that is of an equal
or higher status; however, an avian influenza monitored flock to which
such birds have been added may not be moved to a live bird market or into
the State until samples from such flock have been tested and found to be
free of avian influenza, as provided in this subdivision.
(p) National Poultry Improvement Plan means a cooperative industry,
state, and federal program that was developed through which new
diagnostic technology can be applied to evaluate the health status of
poultry, set forth in Title 9 of the Code of Federal Regulations Parts 145-
147.
(q) U.S. Avian Influenza Clean means that a flock has been so desig-
nated by the state or country of origin, utilizing the procedures set forth in
the current version of the National Poultry Improvement Plan.
(r) U.S. H5/H7 Avian Influenza Clean means that a flock has been so
designated by the state or country of origin, utilizing the procedures set
forth in the current version of the National Poultry Improvement Plan.
1
Section 45.6 of 1 NYCRR is amended by adding thereto a new subdivi-
sion (g), to read as follows:
(g) A poultry dealer or poultry transporter who imports or causes the
importation of poultry into the State for any purpose other than immediate
slaughter shall comply with the requirements set forth in paragraphs (1),
(2), and (3) of this subdivision.
(1) No live poultry or poultry products may be moved into the State
unless they are moving on an approved certificate of veterinarian inspec-
tion or USDA VS Form 9-3, Report of Sales of Hatching Eggs, Chicks,
and Poults, which states that either:
(i) the poultry identified thereon are moving through a poultry
dealer or poultry transporter from a source flock which is certified by the
state or country of origin as an avian influenza monitored source; or
(ii) the poultry identified thereon are moving through a poultry
dealer or poultry transporter from a source flock in which a random
sample of 30 birds were tested negative for avian influenza within 10 days
prior to the date of movement, using an official test approved by the United
States Department of Agriculture conducted in a laboratory approved by
the United States Department of Agriculture and/or the State to conduct
such testing; or
(iii) The poultry identified thereon originate directly from a
National Poultry Improvement Plan flock designated “Avian Influenza
Clean” or “U.S. H5/H7 Avian Influenza Clean.”
(2) No live poultry which is held on premises where within the previ-
ous 12 months there has been a positive avian influenza serology, culture
or a trace back to said premises of birds that tested positive for avian
influenza within the previous 12 months shall be moved into the State un-
less the State Animal Health Official of the state or country of origin certi-
fies that:
(i) all birds held on the premises at or after the time of the positive
serology, culture, or trace back and prior to the cleaning and disinfection
of the premises were removed to slaughter or slaughtered and the premises
were thereafter cleaned and disinfected under official supervision and the
replacement flock complies with paragraph (2) of this subdivision; or
(ii) tracheal and cloacal swabs were obtained for virus isolation
from 150 randomly selected birds in a flock held on such premises or from
all of the birds in such flock, whichever is less, and such tests demon-
strated that avian influenza was not present, and no bird in such flock
exhibited clinical signs of avian influenza in the 45 days preceding the
date of sampling. If the birds so tested are waterfowl, then only cloacal
swabs shall be required. Such samples may be pooled in groups of up to
five samples per culture.
(3) Live poultry that qualify for movement must be kept separate and
apart from all other poultry of infected, exposed or unknown health status.
This notice is intended: to serve as both a notice of emergency adoption
and a notice of proposed rule making. The emergency rule will expire
August 11, 2015.
Text of rule and any required statements and analyses may be obtained
from: Dr. David Smith, Director, Division of Animal Industry, NYS Dept.
of Agriculture and Markets, 10B Airline Drive, Albany, NY 12235, (518)
457-3502, email: David.Smith@agriculture.ny.gov
Data, views or arguments may be submitted to: Same as above.
Public comment will be received until: Five days after the last scheduled
public hearing.
This rule was not under consideration at the time this agency submitted
its Regulatory Agenda for publication in the Register.
Regulatory Impact Statement, Regulatory Flexibility Analysis, Rural
Area Flexibility Analysis and Job Impact Statement
A Regulatory Impact Statement, Regulatory Flexibility Analysis, Rural
Area Flexibility Analysis and Job Impact Statement are not submitted, but
will be published in the Register within 30 days of the rule's effective
date.
Department of Civil Service
NOTICE OF ADOPTION
Jurisdictional Classification
I.D. No. CVS-20-14-00003-A
Filing No. 396
Filing Date: 2015-05-19
Effective Date: 2015-06-03
PURSUANT TO THE PROVISIONS OF THE State Administrative Pro-
cedure Act, NOTICE is hereby given of the following action:
Action taken: Amendment of Appendix 2 of Title 4 NYCRR.
Statutory authority: Civil Service Law, section 6(1)
Subject: Jurisdictional Classification.
Purpose: To classify positions in the non-competitive class.
Text of final rule: Amend Appendix 2 of the Rules for the Classified Ser-
vice, listing positions in the non-competitive class, in the Executive
Department under the subheading “Office of General Services,” by adding
thereto the positions of Empire Fellow (230) (temporary twenty-four
month period).
*Originally submitted omitting “(temporary twenty-four month pe-
riod)”
Final rule as compared with last published rule: Nonsubstantive changes
were made in Appendix 2.
Text of rule and any required statements and analyses may be obtained
from: Jennifer Paul, NYS Department of Civil Service, Empire State
Plaza, Agency Building 1, Albany, NY 12239, (518) 473-6598, email:
jennifer.paul@cs.ny.gov
Revised Regulatory Impact Statement, Regulatory Flexibility Analysis,
Rural Area Flexibility Analysis and Job Impact Statement
Changes made to the last published rule do not necessitate revision to the
previously published RIS, RFA, RAFA, and JIS.
Assessment of Public Comment
The agency received no public comment.
NOTICE OF ADOPTION
Jurisdictional Classification
I.D. No. CVS-30-14-00003-A
Filing No. 397
Filing Date: 2015-05-19
Effective Date: 2015-06-03
PURSUANT TO THE PROVISIONS OF THE State Administrative Pro-
cedure Act, NOTICE is hereby given of the following action:
Action taken: Amendment of Appendixes 1 and 2 of Title 4 NYCRR.
Statutory authority: Civil Service Law, section 6(1)
Subject: Jurisdictional Classification.
Purpose: To classify a position in the exempt class and to delete positions
from and classify positions in the non-competitive class.
Text of final rule: Amend Appendix 1 of the Rules for the Classified Ser-
vice, listing positions in the exempt class, in the Executive Department
under the subheading “Division of Homeland Security and Emergency
Services,” by increasing the number of positions of Deputy State Fire
Administrator from 1 to 2; and
Amend Appendix 2 of the Rules for the Classified Service, listing posi-
tions in the non-competitive class, in the Executive Department under the
subheading “Division of Homeland Security and Emergency Services,”
by deleting therefrom the positions of Communications Technician 1 (2)
and by adding thereto the positions of Communications Specialist
(DHSES) (3) and øAssistant Director Office of Interoperable and Emer-
gency Communications (1).
*Originally submitted to include adding the positions of Assistant Radio
Engineer (6) and Radio Engineer 2 (4) in the non-competitive class.
Final rule as compared with last published rule: Nonsubstantive changes
were made in Appendix 2.
Text of rule and any required statements and analyses may be obtained
from: Jennifer Paul, NYS Department of Civil Service, Empire State
Plaza, Agency Building 1, Albany, NY 12239, (518) 473-6598, email:
jennifer.paul@cs.ny.gov
Revised Regulatory Impact Statement, Regulatory Flexibility Analysis,
Rural Area Flexibility Analysis and Job Impact Statement
Changes made to the last published rule do not necessitate revision to the
previously published RIS, RFA, RAFA, and JIS.
Assessment of Public Comment
The agency received no public comment.
NYS Register/June 3, 2015Rule Making Activities
2
NOTICE OF ADOPTION
Jurisdictional Classification
I.D. No. CVS-30-14-00007-A
Filing No. 395
Filing Date: 2015-05-19
Effective Date: 2015-06-03
PURSUANT TO THE PROVISIONS OF THE State Administrative Pro-
cedure Act, NOTICE is hereby given of the following action:
Action taken: Amendment of Appendix 2 of Title 4 NYCRR.
Statutory authority: Civil Service Law, section 6(1)
Subject: Jurisdictional Classification.
Purpose: To delete a position from the non-competitive class.
Text or summary was published in the July 30, 2014 issue of the Register,
I.D. No. CVS-30-14-00007-P.
Final rule as compared with last published rule: No changes.
Text of rule and any required statements and analyses may be obtained
from: Jennifer Paul, NYS Department of Civil Service, Empire State
Plaza, Agency Building 1, Albany, NY 12239, (518) 473-6598, email:
jennifer.paul@cs.ny.gov
Assessment of Public Comment
The agency received no public comment.
Education Department
EMERGENCY/PROPOSED
RULE MAKING
NO HEARING(S) SCHEDULED
Teacher Certification
I.D. No. EDU-22-15-00012-EP
Filing No. 404
Filing Date: 2015-05-19
Effective Date: 2015-05-19
PURSUANT TO THE PROVISIONS OF THE State Administrative Pro-
cedure Act, NOTICE is hereby given of the following action:
Proposed Action: Amendment of sections 52.21, 80-1.5(c), 80-3.3, 80-3.4
and 80-5.13 of Title 8 NYCRR.
Statutory authority: Education Law, sections 207(not subdivided), 305(1),
(2), 3001(2), 3004(1), 3006(1)(b) and 3009(1)
Finding of necessity for emergency rule: Preservation of general welfare.
Specific reasons underlying the finding of necessity: Despite the high
pass rates on the new and redeveloped certification examinations by
candidates who have completed preparation programs and have been
recommended for certification, the field has expressed concern about the
pass rates for candidates who have not completed a preparation program
and have not yet been recommended for certification. At its April meeting,
the Board of Regents requested that the Department propose safety net op-
tions for the ALST, EAS and the CSTs. In response to the Board’s request,
the Department proposed at the April 2015 meeting, multiple options for
safety nets applicable to each of the following certification examinations:
ALST, EAS and the CSTs and an extension of the current edTPA safety
net to exist conterminously with any other safety nets covering the
remainder of the teacher certification examinations. At its April meeting,
the Board instructed the Department to present an emergency amendment
to the Commissioner’s regulations at its May 2015 meeting in order to
ensure that candidates have notice of the new safety net options for these
exams.
Because the Board of Regents meets at scheduled intervals, the earliest
the proposed amendment could be presented for regular (non-emergency)
adoption, after publication in the State Register and expiration of the 45-
day public comment period provided for in State Administrative Proce-
dure Act (SAPA) section 202(1) and (5), is the October 2015 Regents
meeting. Furthermore, pursuant to SAPA section 203(1), the earliest ef-
fective date of the proposed amendment, if adopted at the October Regents
meeting is November 11, 2015, the date a Notice of Adoption would be
published in the State Register. However, emergency action to adopt the
proposed rule is necessary now for the preservation of the general welfare
in order to ensure that teacher candidates who will be applying for certifi-
cation from now until June 30, 2016, have timely and sufficient notice
that, if they fail on or more of the following new and redeveloped certifi-
cation examinations (the ALST, the EAS, the edTPA and/or the required
CST, if they meet one or more of the safety net options in lieu of retaking
the failed examination, they may receive an initial certificate.
It is anticipated that the emergency rule will be presented to the Board
of Regents for adoption as a permanent rule at the October 2015 Regents
meeting, which is the first scheduled meeting after expiration of the 45-
day public comment period mandated by the State Administrative Proce-
dure Act for proposed rulemakings.
Subject: Teacher Certification.
Purpose: To provide a safety net for candidates who take the new teacher
certification examinations (ALST, EAS, and the redeveloped CSTs) and
to extend the time validity of the existing edTPA safety net.
Text of emergency/proposed rule: 1. A new subdivision (c) shall be added
to section 80-1.5 of the Regulations of the Commissioner of Education, ef-
fective May 19, 2015, to read as follows:
(c) Notwithstanding any applicable provisions of Subparts 80-1, 80-3,
80-4 and 80-5 of this Part or any other provision of rule or regulation to
the contrary, a candidate who applies for and meets all the requirements
for a certificate on or before June 30, 2017, except that such candidate
does not achieve a satisfactory level of performance on one or more of the
new certification examinations (the academic literacy skills test and/or the
teacher performance assessment) or the revised content specialty
examination(s), as prescribed by the Commissioner, that is/are required
for the certificate title sought, and such examination(s) was/were taken
and failed on or after September 1, 2013 through June 30, 2016, may
instead use one or more of the following safety net options, in lieu of retak-
ing one or more of such new and/or revised certification examinations:
(1) Teacher performance assessment. A candidate who takes and
fails to achieve a satisfactory level of performance on the teacher perfor-
mance assessment (after completing and submitting for scoring the teacher
performance assessment), may, in lieu of retaking the teacher perfor-
mance assessment:
(i) receive a satisfactory score on the written assessment of teach-
ing skills after receipt of his/her score on the teacher performance assess-
ment and prior to June 30, 2016; or
(ii) pass the written assessment of teaching skills on or before April
30, 2014 (before the new certification examination requirements became
effective), provided the candidate has taken and failed the teacher perfor-
mance assessment prior to June 30, 2016.
(2) Academic Literacy Skills Test. A candidate who takes and fails to
achieve a satisfactory level of performance on the academic literacy skills
test may, in lieu of retaking the academic literacy skills test, submit an at-
testation on or before June 30, 2016, on a form prescribed by the commis-
sioner, and signed by a dean or chief academic officer of a higher educa-
tion institution or the substantial equivalent, attesting that the candidate
has: (i) demonstrated comparable skills to what is required by the aca-
demic literacy skills test through course completion by completing a mini-
mum of three semester hours in coursework satisfactory to the commis-
sioner; and
(ii) received a cumulative grade of a 3.0 or higher, or the substan-
tial equivalent, in such coursework.
(3) Content Specialty Examination. A candidate who takes and fails
to achieve a satisfactory level of performance on any required revised
content specialty examination in the candidate’s certification area, may,
in lieu of retaking such revised content specialty test:
(i) receive a satisfactory score on the predecessor content specialty
examination after receipt of his/her failing score on the revised content
specialty tests and prior to June 30, 2016; or
(ii) pass the predecessor content specialty examination on or before
the new certification examination requirements became operational,
provided the candidate has taken and failed the revised content specialty
test prior to June 30, 2016.
2. Subclause (1) of clause (b) of subparagraph (iv) of paragraph (2) of
subdivision (b) of section 52.21 of the Regulations of the Commissioner
of Education is amended, effective May 19, 2015, to read as follows:
(1) [The] For the 2015-2016 academic year, in the event that
fewer than 80 percent of students, who have satisfactorily completed an
institution’s program during a given academic year and have also
completed one or more of the examinations required for a teaching certif-
icate, pass each such examination they have completed, such program
shall submit to the Department a professional development plan that
describes how the program plans to improve the readiness of faculty and
the pass rate for candidates on the examinations required for a teaching
NYS Register/June 3, 2015 Rule Making Activities
3
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