NFT-26-08-00012-P Freedom of Information Regulations
6/25/08 N.Y. St. Reg. NFT-26-08-00012-P
NEW YORK STATE REGISTER
VOLUME XXX, ISSUE 26
June 25, 2008
RULE MAKING ACTIVITIES
NIAGARA FRONTIER TRANSPORTATION AUTHORITY
PROPOSED RULE MAKING
NO HEARING(S) SCHEDULED
I.D No. NFT-26-08-00012-P
Freedom of Information Regulations
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 1156 of Title 21 NYCRR.
Statutory authority:
Public Authorities Law, section 1299-e (5)
Subject:
Freedom of information regulations.
Purpose:
To conform to changes in State law.
Text of proposed rule:
Subdivision (a) of section 1156.5 is amended to read as follows:
1156.5 Requests for access to records.
(a) Requests for access to records of the Niagara Frontier Transportation Authority and/or any subsidiary corporations shall be in writing and addresse[s] d to:
Records Access Officer
Niagara Frontier Transportation Authority
Buffalo, N.Y. 14203
or made by e-mail in the format provided at www.nfta.com
Requests shall reasonably describe the record or records sought. Whenever possible a person requesting records should supply information regarding dates, file designations or other information that may help to describe the records sought.
Subdivision (a) of section 1156.7 is amended to read as follows:
1156.7 (a) The authority and each subsidiary corporation shall, within five business days of the receipt of a written request for access to records which reasonably describes the records sought, respond to such request. If the authority and each subsidiary corporation do not provide or deny access to the records sought within five business days of receipt of a request, the authority or the subsidiary corporation shall furnish a written acknowledgement of receipt of the request and a statement of the approximate date, which shall be reasonable under the circumstances of the request, when the request will be granted or denied. If the authority fails to respond to a request within five business days of receipt of a request with a written acknowledgment such failure shall be deemed a denial of access by the authority. If the Authority determines to grant a request in whole or in part, and if circumstances prevent disclosure within twenty business days from the date of the acknowledgment of the receipt of the request, the Authority shall state in writing both the reason for the inability to grant the request within twenty business days and a date certain within a reasonable period, depending on the circumstances, when the request will be granted in whole or in part. If the Authority fails to comply with this requirement, such failure shall be deemed a denial of access by the Authority. Denial of access to the records, in whole or in part, shall be in writing, stating the reason therefore and advising the person denied access of his or her right to appeal to the chairman of the authority or subsidiary corporation, who shall be further identified by name, business address and business telephone number.
Text of proposed rule and any required statements and analyses may be obtained from:
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. The rule being repealed is not necessary because the statute the rule was meant to implement is binding upon the NFTA.
2. The rule being adopted implements the requirements of the Personal Privacy Protection Law, a non-discretionary statutory provision.
3. 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 subject of the proposed rule is the regulation of the NFTA's compliance with the Freedom of Information Law. The proposed rule does not regulate the activities or practices of any other parties.
