TBA-24-09-00004-EP To Enact a New Crossing Charge Schedule for Use of Bridges and Tunnels Operated by Triborough Bridge & Tunnel Authority

6/17/09 N.Y. St. Reg. TBA-24-09-00004-EP

NEW YORK STATE REGISTER

VOLUME XXXI, ISSUE 24

June 17, 2009

RULE MAKING ACTIVITIES

TRIBOROUGH BRIDGE AND TUNNEL AUTHORITY

EMERGENCY/PROPOSED RULE MAKING

NO HEARING(S) SCHEDULED

 

I.D No. TBA-24-09-00004-EP

Filing No. 606

Filing Date. Jun. 03, 2009

Effective Date. Jun. 03, 2009

To Enact a New Crossing Charge Schedule for Use of Bridges and Tunnels Operated by Triborough Bridge & Tunnel Authority

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

Proposed Action:

Repeal of section 1021.1 and addition of new section 1021.1 to Title 21 NYCRR.

Statutory authority:

Public Authorities Law, section 553(5)

Finding of necessity for emergency rule:

Preservation of general welfare.

Specific reasons underlying the finding of necessity:

The new section 1021.1 establishes crossing charges for use of Authority bridges and tunnels which contain increases but in substantially smaller amounts than the prior section 1021.1 which became effective on March 27, 2009 but has not yet been implemented. Compliance with the requirements governing permanent adoption of the new section 1021.1 would delay implementation of the new charges to the detriment of the general public, which would benefit from the smaller increases of the new section 1021.1. Immediate adoption of the new section 1021.1 would also preserve the general welfare by providing additional revenue to the Metropolitan Transportation Authority's mass transit system as soon as practicable.

The new section 1021.1 is being adopted as an emergency measure because it is essential to the public interest that the new crossing charges with smaller increases be enacted and implemented as soon as practicable.

Subject:

To enact a new crossing charge schedule for use of bridges and tunnels operated by Triborough Bridge & Tunnel Authority.

Purpose:

To increase crossing charges in amounts smaller than those enacted in prior section 1021.1, effective March 27, 2009.

Text of emergency/proposed rule:

See Appendix in the back of this issue.

This notice is intended:

to serve as both a notice of emergency adoption and a notice of proposed rule making. The emergency rule will expire August 29, 2009.

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

Robert M. O'Brien, General Counsel, Triborough Bridge and Tunnel Authority, 2 Broadway, 24th Floor, New York, New York 10004, [phone], email: [e-mail]

Data, views or arguments may be submitted to:

Judie Glaves, Triborough Bridge and Tunnel Authority, 2 Broadway, 22nd Floor, New York, NY 10004, [phone], email: [e-mail]

Public comment will be received until:

45 days after publication of this notice.

Regulatory Impact Statement

A regulatory impact statement is not submitted with this notice because the proposed rule is within the definition contained in section 102(2)(a)(ii) of the State Administrative Procedure Act.

Regulatory Flexibility Analysis

A regulatory flexibility analysis is not submitted with this notice because the proposed rule is within the definition contained in section 102(2)(a)(ii) of the State Administrative Procedure Act.

Rural Area Flexibility Analysis

A rural area flexibility analysis is not submitted with this notice because the proposed rule is within the definition contained in section 102(2)(a)(ii) of the State Administrative Procedure Act.

Job Impact Statement

A job impact statement is not submitted with this notice because the proposed rule is within the definition contained in section 102(2)(a)(ii) of the State Administrative Procedure Act.