MTA-50-15-00005-P MTA Bus Company— Rules and Regulations

12/16/15 N.Y. St. Reg. MTA-50-15-00005-P

NEW YORK STATE REGISTER

VOLUME XXXVII, ISSUE 50

December 16, 2015

RULE MAKING ACTIVITIES

METROPOLITAN TRANSPORTATION AUTHORITY

PROPOSED RULE MAKING

NO HEARING(S) SCHEDULED

 

I.D No. MTA-50-15-00005-P

MTA Bus Company— Rules and Regulations

PURSUANT TO THE PROVISIONS OF THE State Administrative Procedure Act, NOTICE is hereby given of the following proposed rule:

Proposed Action:

Addition of Part 1044 to Title 21 NYCRR.

Statutory authority:

Public Authorities Law, sections 1264 and 1265.5

Subject:

MTA Bus Company— Rules and Regulations.

Purpose:

Regulate conduct on MTA buses and facilities to enhance safety and protect employees, customers, bus facilities and the public.

Substance of proposed rule (Full text is posted at the following State website:www.mta.info):

MTA Bus Company (“MTABC”) is a public benefit corporation and an independent subsidiary of the Metropolitan Transportation Authority ("MTA'') created pursuant to Public Authorities Law, section 1266(5). As such, MTABC is empowered by the New York State Public Authorities Law to make rules and regulations governing the conduct and safety of the public in the use and operation of its transportation facilities, buses and other conveyances. Public Authorities Law, sections 1265(5), 1265(14), 1266(4) and 1266(8).

These rules are established by MTABC to promote safety, to facilitate the proper use of MTABC transportation facilities, and to protect its transportation facilities, its customers, its employees and the public and to assure the payment of fares and other lawful charges for the use of its system. In addition to these rules, all applicable provisions of the Penal Law or any other applicable law shall continue to be enforceable.

These rules may be amended or added to from time to time at the sole discretion of MTABC in accordance with law.

Text of proposed rule and any required statements and analyses may be obtained from:

Elizabeth A. Cooney, MTA Bus Company, 2 Broadway, Room D30.13, New York, NY 10004, [phone], email: [e-mail]

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

Statutory Authority: Public Authorities Law §§ 1264 and 1265.5 authorize the Metropolitan Transportation Authority and affiliated Agencies (the “Authority”) to make rules and regulations that govern the exercise of its powers and the fulfillment of its purposes, which include providing safe, adequate, and efficient transportation within the New York Metropolitan area. Public Authorities Law § 1264 specifically empowers the Authority to “develop and implement a unified mass transportation policy. . . .”

Legislative Objective: Public Authorities Law §§ 1264 and 1265.5 was enacted to further develop and improve commuter transportation by, among other things, empowering the Authority to develop and implement a unified mass transportation policy. The Legislature determined that “efficient and adequate transportation of commuters within the New York metropolitan area is of vital importance to the commerce, defense and general welfare of the people of the New York metropolitan area, the state and the nation.” The MTA Bus Company is a public benefit corporation and an independent subsidiary of the Authority, created pursuant to section 1266(5) of the Public Authorities Law. The proposed rules embody and advance the Legislature’s statutory objective by promoting safety and protecting MTA Bus Company’s facilities, buses, customers, employees, and the public at large.

Needs and Benefits: Presently, there are no rules or regulations for the MTA Bus Company. In accordance with the statutory authority and the legislative objective, the proposed rules are aimed at developing and implementing a unified transportation policy and as mandated by PAL § 1265.5, and therefore support the fulfillment of the Authority’s purposes. Specifically, the proposed rules, modeled on those promulgated by New York City Transit Authority and the Manhattan and Bronx Surface Transit Operating Authority, will provide a unified Code of Conduct and basis for consistent enforcement thereof, among all MTA Bus carriers. The proposed rules set the standard for appropriate conduct and promote safety on MTA Bus Company’s facilities and buses, and are necessary to protect MTA Bus Company’s facilities, buses, customer, employees, and the public at large.

Costs: The Authority will not incur any costs from promulgating the proposed rules.

Local Government Mandate: There are no mandates on local governments.

Paperwork: This regulation requires no additional paperwork.

Duplication: There are no relevant State regulations which duplicate, overlap, or conflict with the proposed amendment.

Alternatives: The Authority has determined that this action is necessary for the safety of MTA Bus Company’s facilities, buses, customers, employees, and the public at large.

Federal Standards: The proposed amendment does not exceed any minimum operating standards imposed by the Federal government.

Compliance Schedule: The proposed rule will be effective upon publication of the Notice of Adoption in the New York State Register.

Regulatory Flexibility Analysis

No regulatory flexibility analysis is required pursuant to section 202-(b)(3)(a) of the State Administrative Procedure Act. The proposed amendment does not impose an adverse economic impact on small businesses or local governments, and it does not impose reporting, record keeping or other compliance requirements on small businesses or local governments.

The proposed rules will not have an adverse economic impact or impose recordkeeping compliance requirements on small businesses or local government. Therefore, pursuant to SAPA 202-(b)(3)(a), MTA Bus Company is exempt from RFA requirements.

Rural Area Flexibility Analysis

No rural area flexibility analysis is required pursuant to section 202-bb(4)(a) of the State Administrative Procedure Act. The proposed amendment does not impose an adverse impact on entities in rural areas, and it does not impose reporting, record keeping or other compliance requirements on entities in rural areas.

The proposed rules will not have an adverse impact or impose recordkeeping compliance requirements on public or private entities in rural areas. Therefore, pursuant to SAPA 202-bb(4)(a), MTA Bus Company is exempt from the RAFA requirements.

Job Impact Statement

The proposed rules are intended to regulate conduct in MTA Bus Company’s facilities and on buses, by promoting safety and protecting the buses, facilities, customers, employees and the public at large. The proposed rules will not have an adverse impact on jobs or employment opportunities. The promulgation of the proposed rules may contribute to an expansion of the MTA Bus Company’s enforcement team. The enforcement team is charged with issuing appearance tickets and ejecting persons from MTA Bus Company’s facilities or buses for rule violation. It is evident from the nature of the rule that it will have a positive impact, or no impact, on jobs or employment opportunities.