PURSUANT TO THE PROVISIONS OF THE State Administrative Procedure Act, NOTICE is hereby given of the following proposed rule:
Proposed Action:
Amendment of section 150.6 of Title 21 NYCRR.
Statutory authority:
Public Authorities Law, sections 354(5), 382(7)(d) and (k); Canal Law, sections 10(9), (15), (26), 85, 100 and 138-b(5)(a)
Subject:
Snowmobiling on Canal Lands.
Purpose:
Authorize the issuance of revocable permits to organized snowmobile clubs where local municipal support has been demonstrated.
Text of proposed rule:
§ 150.6 Prohibited Activities
(8) operate a snowmobile, motorbike or any other motorized vehicle, provided however, the Canal Corporation may, in its discretion, issue a revocable permit to a snowmobile club that is a member of the New York State Snowmobile Association for snowmobile use after each municipal governing board located within the permit area has passed a Resolution approving of such snowmobile use; such permit shall require liability insurance through a blanket insurance policy administered by the New York State Snowmobile Association and funded by the Office of Parks, Recreation and Historic Preservation. The permit shall also require that signing be placed in accordance with the New York State Snowmobile Trail Signing Handbook and that all operations be consistent with laws, rules and regulations governing the use and operation of snowmobiles. Minimum snow cover for snowmobile operations, trail opening and closing times and dates, and a maximum speed limit shall be specified.
Text of proposed rule and any required statements and analyses may be obtained from:
Public Authorities Law (PAL) section 354, subdivision 5, authorizes the Thruway Authority to make "rules and regulations governing the use of the thruways and all other properties and facilities under its jurisdiction." Further, section 382, subdivision 7(d) authorizes the Canal Corporation to "make and alter by-laws for its organization and internal management and make rules and regulations governing the use of its property and facilities." Subdivision 7(k) of the same section authorizes the Canal Corporation to "exercise those powers and duties of the authority pursuant to the canal law." Canal Law section 10, subdivision 9 authorizes the Canal Corporation to "prescribe rules and regulations not inconsistent with law relating to the navigation, protection and maintenance of the canal system..." Subdivision 15 authorizes the Canal Corporation to "issue revocable permits pursuant to this chapter" and subdivision 26 authorizes the Canal Corporation to "[P]erform such other acts as in its judgment constitute a duty required to efficiently administer the canal system." Canal Law section 85 states that "[T]he corporation shall prescribe and enforce rules and regulations, not inconsistent with the law, governing navigation on the canals and for the use of the terminals connected with the canals and for the use of all other property of the corporation under the corporation's control and maintained as a part of the canal system." Canal Law section 100 authorizes the Canal Corporation to issue revocable permits and Canal Law section 138-b(5)(a) directs the Canal Recreationway Commission, in carrying out the duties of the Canal Corporation under the Canal Recreationway Plan, to "evaluate and make recommendations for new operational, maintenance and capital initiatives or projects to enhance the canal."
2. Legislative Objectives:
The amendment to 21 NYCRR 150.6 would authorize the Canal Corporation to issue revocable permits for snowmobile use to a snowmobile club that is a member of the New York State Snowmobile Association where local municipal support for such snowmobile use in the form of a resolution has been demonstrated. The Canal Corporation initiated a pilot program in 1998 that allowed snowmobile use on Canal lands on a case-by-case basis in rural areas where local municipal support was demonstrated. The program was initiated in response to requests made by organized snowmobile groups and their elected representatives. This amendment is in response to additional requests that have been received by the Canal Corporation. Although snowmobiling is a prohibited activity in the Canal Rules and Regulations, the use is consistent with the Canal Recreationway Plan and this issuance of revocable permits provides an opportunity to enhance the overall use of the Canal System.
3. Needs and Benefits:
The proposed change to the regulation authorizes the issuance of revocable permits for snowmobile use on a case-by-case basis to clubs that are members of the New York State Snowmobile Association where local municipal support in the form of a resolution has been demonstrated. A pilot program was initiated in 1998 in response to requests made by organized snowmobile groups and their elected representatives. Although snowmobiling on Canal lands is a prohibited activity, the use is consistent with the Canal Recreationway Plan. Also, the prohibition against snowmobiling is difficult to enforce. Allowing snowmobiling through permits with organized clubs has helped manage the use and provided the Canal Corporation with a level of protection by requiring clubs to provide liability insurance coverage. It also makes the clubs responsible for placing signage and for repairing damage to the Canalway Trail caused by snowmobiles.
Approximately five snowmobile pilot programs have operated in different parts of the State on Canal lands since 1998. The clubs have acted responsibly and they are helping to maintain the trails. Although the pilot programs have been allowed to continue, no other permits for snowmobile use have been issued despite the additional requests received each year from clubs across the State and a number of municipal resolutions that were recently adopted urging the Canal Corporation to allow snowmobiling on Canal lands.
The permit would require liability insurance in the amount of $1 million per occurrence and $2 million aggregate through a blanket insurance policy administered by the New York State Snowmobile Association and funded by the Office of Parks, Recreation and Historic Preservation, which administers the snowmobiling program statewide. The blanket insurance is made available to clubs for their use of designated State corridor snowmobile trails. The permit would also require that signing be placed in accordance with the New York State Snowmobile Trail Signing Handbook and that all operations be consistent with laws, rules and regulations governing the use and operation of snowmobiles. Minimum snow cover for snowmobile operations, trail opening and closing times and dates, and a 25 mile per hour maximum speed limit would be specified.
Given the success of the snowmobile pilot programs and the popularity of snowmobiling in rural portions of the Canal System, the Canal Corporation is enacting this regulation to enhance the use of the Canal System.
4. Costs:
There is no cost to regulated parties for the implementation of and continuing compliance with the regulation. There are no additional administrative costs for implementation of the revised regulation.
5. Local Government Mandates:
This rule imposes no additional program, service, duty, or responsibility on local government beyond the local governing duties required in the normal course of business.
6. Paperwork:
None.
7. Duplication:
There is no duplication of State or Federal Law.
8. Alternatives:
The Canal Corporation considered a no action alternative but chose to pursue this rule in response to requests from local governments, elected officials and snowmobiling clubs. This is an opportunity to help manage the use of Canalway Trails, expand a popular pilot program and enhance the overall use of the New York State Canal System. The Canal Corporation considered offering this program to clubs that are not members of the New York State Snowmobile Association, however, few clubs exist who are not members of the Association and the ability of those clubs to obtain the required insurance independently is unlikely. Further, clubs who are not members of the Association are also not eligible for funds for trail maintenance through the New York State Office of Parks, Recreation and Historic Preservation which would make it virtually impossible for a club to have maintained trails without that funding.
9. Federal Standards:
There is no specific federal requirement.
10. Compliance Schedule:
The revocable permits will be issued to snowmobiling clubs at the discretion of the Canal Corporation upon receipt of a completed application supported by resolution of the local governing municipality.
Regulatory Flexibility Analysis
1. Effect of Rule: This rule provides local governments an opportunity to demonstrate support, in the form of a resolution, to snowmobiling clubs that are members of the New York State Snowmobile Association and want to apply for a revocable permit from the Canal Corporation.
2. Compliance Requirements: Participation is voluntary. Local governments would have an opportunity to demonstrate support of local snowmobiling clubs in the form of a resolution.
3. Professional Services: There is no need for professional services.
4. Compliance Costs: There are no compliance costs.
5. Economic and Technological Feasibility: There are no additional economic or technological requirements.
6. Minimizing Adverse Impact: This rule will have no adverse impact on local governments because participation in the program authorized by this rule making is voluntary and the resolution in support of clubs that are members of the New York State Snowmobile Association would be conducted as part of a local governments' normal course of business.
7. Small Business and Local Government Participation: This regulation is in response to requests from various local municipalities, such as those in Washington and Niagara County, that have contacted the Canal Corporation in response to requests made by organized snowmobile groups to allow snowmobiling on Canal lands.
Rural Area Flexibility Analysis
1. Types and estimated numbers of rural areas: This rule allows local municipalities along the Canal System to offer their support, in the form of a resolution, to snowmobiling clubs that want to apply for a revocable permit from the Canal Corporation.
2. Reporting, recordkeeping and other compliance requirements: No reporting, recordkeeping and other compliance requirements will be necessary by a local government other than what is required in its normal course of business.
3. Costs: No additional costs are required.
4. Minimizing adverse impact: Participation is voluntary and the application for the permit will be made by a snowmobiling club where support for participation in the program in the form of a resolution by the local governing municipality has been demonstrated.
5. Rural area participation: Participation is voluntary. This regulation is in response to requests from various local municipalities, such as those in Washington and Niagara County, that have contacted the Canal Corporation in response to requests made by organized snowmobile groups to allow snowmobiling on Canal lands.
Job Impact Statement
Based on the nature and purpose of the proposed rule, it will not have a substantial adverse impact on jobs and employment opportunities. As such, a Job Impact Statement is not required.
