Home » 2011 Issues » November 30, 2011 » LIR-48-11-00005-P To Add Outdoor Ticketing, Boarding or Platform Areas of Terminals or Stations to the Areas Where Smoking is Currently Prohibited
LIR-48-11-00005-P To Add Outdoor Ticketing, Boarding or Platform Areas of Terminals or Stations to the Areas Where Smoking is Currently Prohibited
11/30/11 N.Y. St. Reg. LIR-48-11-00005-P
NEW YORK STATE REGISTER
VOLUME XXXIII, ISSUE 48
November 30, 2011
RULE MAKING ACTIVITIES
LONG ISLAND RAILROAD COMPANY
PROPOSED RULE MAKING
NO HEARING(S) SCHEDULED
I.D No. LIR-48-11-00005-P
To Add Outdoor Ticketing, Boarding or Platform Areas of Terminals or Stations to the Areas Where Smoking is Currently Prohibited
PURSUANT TO THE PROVISIONS OF THE State Administrative Procedure Act, NOTICE is hereby given of the following proposed rule:
Proposed Action:
Amendment of section 1097.5(o) of Title 21 NYCRR.
Statutory authority:
Public Authorities Law, section 1266(4)
Subject:
To add outdoor ticketing, boarding or platform areas of terminals or stations to the areas where smoking is currently prohibited.
Purpose:
To conform LIRR Rules of Conduct to NY Public Health Law, article 13, section 1399-o and ensure continuation of enforcement powers.
Text of proposed rule:
21 N.Y.C.R.R. Section 1097.5(15)(o) is amended to read as follows:
No person in a terminal, station, or train shall:
Burn a lighted cigarette, cigar, pipe, or any other matter or substance which contains tobacco or any tobacco substitute on a train or in any indoor area within a terminal or station [or in any indoor area within a terminal or station not specifically designated as an area where such conduct is permitted], or in an outdoor ticketing, boarding or platform area of a terminal or station.
Text of proposed rule and any required statements and analyses may be obtained from:
Priscilla Lundin, Long Island Rail Road Company, Jamaica Station, MC #1143, Jamaica, NY 11435, (718) 558-8246, email: plundin@lirr.org
Data, views or arguments may be submitted to:
Same as above.
Public comment will be received until:
45 days after publication of this notice.
Regulatory Impact Statement
1. Statutory authority: Public Authorities Law, Section 1266(4). On September 28, 2011, the Board of the Metropolitan Transportation Authority ("MTA"), a public authority, sitting as the Board of the Long Island Rail Road Company ("LIRR"), a public benefit corporation and MTA subsidiary, authorized the commencement of the rule making process required by the New York State Administrative Procedure Act to amend LIRR's rules and regulations governing the conduct and safety of the public in the use and operation of its terminals and stations ("Rules of Conduct") with respect to the areas where smoking is prohibited. The proposed rule adds a prohibition against smoking in the outdoor ticketing, boarding and platform areas of LIRR's terminals and stations to the areas where smoking is currently prohibited.
2. Legislative objectives: To conform LIRR's Rules of Conduct to an amendment to Article 13 of the New York Public Health Law, effective November 13, 2011, which added the following language to Section 1399-o of the law: "Smoking shall not be permitted and no person shall smoke in the following outdoor areas: ticketing, boarding or platform areas of railroad stations operated by the Metropolitan Transportation Authority or its subsidiaries." This new law applies to LIRR.
3. Needs and benefits: The proposed rule is needed to conform LIRR'S Rules of Conduct to the new state law and ensure the continuation of LIRR's enforcement powers with respect thereto.
4. Costs: None.
5. Local government mandates: None.
6. Paperwork: None.
7. Duplication: None.
8. Alternatives: No significant alternatives to be considered.
9. Federal standards: None.
10. Compliance schedule: Immediate.
Regulatory Flexibility Analysis
The proposed rule adds outdoor, ticketing and platform areas of a terminal or station to the areas where smoking is currently prohibited under LIRR’s Rules of Conduct. The proposed rule will not impose any adverse economic impact or reporting, recordkeeping or other compliance requirements on small businesses or local governments, as is apparent from the nature and purpose of the proposed rule. Based on the foregoing, LIRR finds that a Regulatory Flexibility Analysis is not required.
Rural Area Flexibility Analysis
The proposed rule adds outdoor ticketing, boarding and platform areas of a terminal or station to the areas where smoking is currently prohibited under LIRR’s Rules of Conduct. The proposed rule will not impose any adverse economic impact on rural areas or reporting, recordkeeping or other compliance requirements on public or private entities in rural areas, as is apparent from the nature and purpose of the proposed rule. Based on the foregoing, LIRR finds that a Rural Area Flexibility Analysis is not required.
Job Impact Statement
The proposed rule adds outdoor ticketing, boarding or platform areas of a terminal or station to the areas where smoking is currently prohibited under LIRR’S Rules of Conduct. The proposed rule will not have a substantial adverse impact on jobs and employment opportunities, as is apparent from the nature and purpose of the proposed rule. Based on the foregoing, LIRR finds that a Job Impact Statement is not required.
