THR-24-12-00001-P Advertising Device Permit Fees for Applications, Permits and Renewals

6/13/12 N.Y. St. Reg. THR-24-12-00001-P

NEW YORK STATE REGISTER

VOLUME XXXIV, ISSUE 24

June 13, 2012

RULE MAKING ACTIVITIES

NEW YORK STATE THRUWAY AUTHORITY

PROPOSED RULE MAKING

NO HEARING(S) SCHEDULED

 

I.D No. THR-24-12-00001-P

Advertising Device Permit Fees for Applications, Permits and Renewals

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

Proposed Action:

Amendment of section 105.5 of Title 21 NYCRR.

Statutory authority:

Public Authorities Law, section 354(5), (8) and (15); Public Authorities Law, section 361(1)(a); and Vehicle and Traffic Law, section 1630

Subject:

Advertising device permit fees for applications, permits and renewals.

Purpose:

To provide that Thruway Authority advertising device permit fees are consistent with DOT advertising device permit fees.

Text of proposed rule:

21 NYCRR Part 105.5 is amended as follows:

Section 105.5 Permits: Application for a permit or renewal thereof for each separate advertising device shall be on forms adopted by the Thruway Authority and shall contain such information as the Thruway Authority may require. Fees for a permit application, annual permit or permit renewal shall be as prescribed in 17 NYCRR 150.15; provided, however, that no other provisions of 17 NYCRR 150.15 shall be applicable to the Thruway Authority and the applicability of 17 NYCRR 150.15 shall be limited solely to the advertising device related fees contained therein.

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

Kathy Clark, New York State Thruway Authority, 200 Southern Blvd., Albany NY 12209, [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

1. Statutory Authority:

Subdivision 5 of section 354 of the Public Authorities Law authorizes the Thruway Authority to make "rules and regulations governing the use of the thruways and all other properties and facilities under its jurisdiction." Subdivision 8 of that section, in pertinent part, authorizes the Thruway Authority "to fix and collect such fees, rentals and charges for the use of the thruway system or any part thereof necessary…to produce sufficient revenue to meet the expense of maintenance and operation…" Subdivision 15 of the same section authorizes the Thruway Authority to "do all things necessary or convenient to carry out its purposes and exercise the powers expressly given." In addition, subdivision 1(a) of section 361 of the Public Authorities Law authorizes the Authority "to promulgate such rules and regulations for the use and occupancy of the thruway as may be necessary and proper for the public safety and convenience, for the preservation of its property and for the collection of tolls…" Furthermore, section 1630 of the Vehicle and Traffic Law authorizes the Authority to regulate traffic on and charge tolls for the use of its facilities.

2. Legislative Objectives:

Chapter 617 of the Laws of 2005 amended Public Authorities Law (PAL) Section 361-a(5) to provide that the Authority may by regulation impose advertising device fees that do not exceed the fees established by the Department of Transportation (hereinafter "DOT") in 17 NYCRR Section 150.15. Prior to 2005, the law provided that the Authority could charge 10 dollars for an advertising device permit fee and 5 dollars for a renewal. As a result of the statutory change, the Thruway Authority was authorized to charge fees that do not exceed the fees established by DOT through regulation and the Thruway Authority implemented the new fee schedule in 2008. DOT's fees range from 20 dollars to 100 dollars, depending on the size of the sign face and pursuant to its statutory authorization under PAL Section 361-a(5) the Thruway Authority implemented this range of permit fees to better reflect the actual cost of issuing these permits.

3. Needs and Benefits:

This amendment of section 105.5 of NYCRR Title 21 makes the regulatory provision consistent with the statutory authorization that the Thruway Authority may impose advertising device fees that do not exceed the fees established in regulation by the DOT. Pursuant to PAL Section 361-a(5), in 2008 the Thruway Authority implemented advertising device permit fee changes and the existing regulatory language does not reflect the statutory change and current practice. This rule making updates the regulatory language for such advertising device permit applications, permits and renewal fees to reflect that they are the same as the fees in 17 NYCRR Section 150.15, the related DOT regulations for advertising devices. The DOT fees, found in subsections (b) and (c) of 17 NYCRR Section 150.15, are the only part of 17 NYCRR Section 150.15 that are being incorporated into 21 NYCRR Section 105.5 and made applicable to the Authority. The Thruway Authority is statutorily prohibited from establishing fees that exceed the fees in DOT's regulations for advertising devices and has been charging the same fees as DOT since 2008.

4. Costs:

The previous rate for advertising device fees was 10 dollars for an advertising device permit fee and 5 dollars for a renewal. Pursuant to PAL Section 361-a(5), in 2008, the Thruway Authority revised the advertising permit fees and implemented the same fee schedule as DOT. This regulation will be revised to reflect the current practice consistent with the Thruway Authority's statutory authorization that it may charge fees for permit applications, permits and renewals not to exceed the fees in DOT's regulations. The fees in DOT's regulations range from 20 to 100 dollars and the Thruway Authority has been charging the same fees as DOT since 2008. There are no additional administrative costs for implementation of the revised regulation.

5. Local Government Mandates:

This rule imposes no program, service, duty or responsibility on local government.

6. Paperwork:

None.

7. Duplication:

None:

8. Alternatives:

The Thruway Authority's fee structure for these permits was established by statute in the 1950's. Chapter 617 of the Laws of 2005 authorized a change to allow Thruway Authority advertising permit fees to be consistent with DOT permit fees and to give the Authority the discretion to set the time periods for the advertising device permits and renewals. The Authority had the option to set fees less than DOT permit fees but given the administrative costs associated with this program, the Authority chose to mirror the DOT fees and in 2008 implemented the fee increases without incident.

9. Federal Standards:

None.

10. Compliance Schedule:

The advertising device permit fees have been in place since 2008 pursuant to the statutory change. The rule will be effective upon publication of adoption in the State Register, but will not result in any change to the fees currently being charged to the regulated community.

Regulatory Flexibility Analysis

This regulation will not impose any adverse economic impact on reporting, recordkeeping or other compliance requirements on small businesses or local governments. As such, a Regulatory Flexibility Analysis is not required.

Rural Area Flexibility Analysis

This regulation does not impose any adverse impact on rural areas whether through reporting, recordkeeping or other compliance requirements on public or private entities in rural areas; as such, a Rural Area Flexibility Analysis is not required.

Job Impact Statement

Based on the nature 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.