3/5/14 N.Y. St. Reg. NFT-09-14-00002-P
PURSUANT TO THE PROVISIONS OF THE State Administrative Procedure Act, NOTICE is hereby given of the following proposed rule:
Proposed Action:
This is a consensus rule making to amend Part 1151 of Title 21 NYCRR.
Statutory authority:
Public Authorities Law, sections 1299-e(14), 1299-f(4) and (7)
Purpose:
To clarify where at NFTA locations it is permissible to use electronic or battery-operated vapor inhalation devices.
Text of proposed rule:
Section 1151.9 is amended to read as follows:
No person shall smoke, carry or possess a lighted cigarette, cigar, pipe, match or other lighted equipment capable of causing naked flame inside any transportation facility or transportation vehicle. No person shall use any electronic or battery operated device that is capable of delivering vapor for inhalation, with or without nicotine, inside any transportation facility or transportation vehicle. No person shall smoke, carry or possess a lighted cigarette, cigar, pipe, match or other lighted equipment capable of causing naked flame, or use any electronic or battery operated device that is capable of delivering vapor for inhalation, with or without nicotine:
(a) within 20 feet of the main entrance to any transportation facility;
(b) inside any covered parking area that is physically part of or connected to a transportation facility;
(c) within 20 feet of building air intake ducts; and
(d) within 20 feet of the storage of flammable and combustible materials.
Text of proposed rule and any required statements and analyses may be obtained from:
Brigette R. Whitmore, Niagara Frontier Transportation Authority, 181 Ellicott Street, Buffalo, New York 14203, (716) 855-7219, email:
Brigette_Whitmore@nfta.comData, views or arguments may be submitted to:
Same as above.
Public comment will be received until:
45 days after publication of this notice.
Consensus Rule Making Determination
The Niagara Frontier Transportation Authority has determined that no person is likely to object to the rule being repealed or the rule as written for the following reasons:
1. Most of the changes are explanatory and/or are technical in nature.
2. None of the changes are controversial.
Job Impact Statement
The Niagara Frontier Transportation Authority has determined adoption of the proposed rule will have no impact on jobs or employment opportunities for the following reasons:
1. The proposed rule is the clarification of what is defined as smoking in regard to NFTA facilities. The rule does not impact hiring practices.
