PURSUANT TO THE PROVISIONS OF THE State Administrative Procedure Act, NOTICE is hereby given of the following action:
Action taken:
Amendment of section 101.2 of Title 21 NYCRR.
Statutory authority:
Public Authorities Law, sections 354(5), (8), (15), 361(1)(a); and Vehicle and Traffic Law, section 1630
Subject:
E-ZPass Discount Plan.
Purpose:
To implement a special additional E-ZPass Discount Plan.
Text of final rule:
Amendment to Section 101.2 of NYCRR Title 21.
Section 101.2 Toll schedules and fees.
The following toll schedules and fees shall apply for the use of the Thruway system:
(a) For that portion of the controlled system extending from, and including, the toll barrier at Woodbury, to, and including, the toll barrier at Williamsville, including the Berkshire section, and extending from, and including, the toll barrier at Lackawanna, to and including, the toll barrier at Ripley, the cash tolls shall be as set forth on the detailed toll schedules, each of which is designated “New York State Thruway Toll Schedule” and each of which is appended hereto in Appendix A-1, (see section 101.4 of this Part) and made a part hereof. Effective January 6, 2008 such cash tolls shall be as set forth on the detailed toll schedules, each of which is designated “New York State Thruway Toll Schedule 2008” and each of which is appended hereto in Appendix A-2, (see section 101.4 of this Part) and made a part hereof.
(b) For that portion of the controlled system extending from, and including, the toll barrier at Woodbury, to, and including, the toll barrier at Williamsville, including the Berkshire section, and extending from, and including, the toll barrier at Lackawanna, to and including, the toll barrier at Ripley, the E-ZPass tolls shall be as set forth on the detailed toll schedules, each of which is designated “New York State Thruway Toll Schedule – E-ZPass” and each of which is appended hereto in Appendix A-3, (see section 101.4 of this Part) and made a part hereof except that certain commercial vehicles including but not limited to certain commercial vehicles in classes 2H, 3H, 4H, 5H, 6H and 7H, may be eligible for a special additional E-ZPass discount[.] and except that vehicles in class 2L that meet fuel efficiency and emissions standards, as determined by the authority, may also be eligible for a special additional E-ZPass discount.
(c) For that portion of the controlled system extending from, and including, the toll barrier at Woodbury, to, and including, the toll barrier at Williamsville, including the Berkshire section, and extending from, and including, the toll barrier at Lackawanna, to and including, the toll barrier at Ripley, the E-ZPass tolls for motorcycles and for motorhomes each having an authorized E-ZPass tag shall be as set forth on the detailed toll schedules, each of which is designated “New York State Thruway Toll Schedule – Motorhome E-ZPass and Motorcycle E-ZPass” and each of which is appended hereto in Appendix A-4, (see section 101.4 of this Part) and made a part hereof.
(d) Annual permit plan.
(1) Class 2L vehicles with authorized E-ZPass tags are eligible for the annual permit plan on the controlled system only if such vehicles are held in the name of or leased to:
(i) an individual or two individuals not constituting a business entity; or
(ii) a nonprofit, religious, charitable or educational organization.
Class 2L vehicles owned by or leased to partnerships, corporations or other business entities (including rental companies) are not eligible for the annual permit plan. To receive the annual permit plan discount, customers must comply with all of the terms and conditions of their authorized E-ZPass License Agreement.
(2) All customers that apply and qualify for the annual permit plan shall, upon payment of $80, be entitled to use one designated E-ZPass tag, which is transferable to vehicles listed in paragraph (1) of this subdivision that are on the customer's E-ZPass account, that will provide an unlimited number of trips of 30 miles or less on the controlled system without payment of additional tolls, except that a toll of 45 cents shall be charged for all trips across the Castleton-on-Hudson Bridge, which will be charged to the annual permit plan customer's account at the time of exit from the controlled system. Under the annual permit plan, for each trip over 30 miles, the amount of the toll charged shall be discounted by the amount of the toll for the first 30 miles of that trip in accordance with the detailed toll schedule, which is designated “New York State Thruway Toll Schedule – Permits” which is appended hereto in Appendix A-5, (see section 101.4 of this Part) and made a part hereof. The annual permit plan shall become effective on the date of issuance of such permit and shall be valid for a term of one year. Customers may purchase the annual permit plan for each E-ZPass tag issued under their account for vehicles listed in paragraph (1) of this subdivision.
(e) Commercial charge accounts. Commercial charge account customers must have an authorized E-ZPass account. Commercial charge account customers with authorized E-ZPass tags shall be allowed a volume discount on such terms as may be set by the authority from time to time, provided that their operators or operating companies apply, qualify, establish and maintain a formal commercial charge account with the authority. Registered omnibuses that maintain a formal charge account with the authority shall be allowed a special discount, in addition to a volume discount, if any, provided that their operators or operating companies file with the authority's department of finance and accounts a formal certification that the operator or operating company operates buses on the Thruway system.
(f) Bridge and barrier stations. (1) The cash tolls for bridge and barrier stations are as follows:
TAPPAN ZEE BRIDGE
NEW ROCHELLE
YONKERS
SPRING VALLEY
HARRIMAN
CITY LINE/BLACK ROCK
GRAND ISLAND BRIDGES
*
*
*
*
2L
$4.00
$1.25
$0.75
$0.00
$0.75
$0.75
$0.75
3L
$9.50
$2.00
$1.00
$2.50
$1.00
$1.00
$1.00
4L
$11.25
$2.50
$1.25
$3.75
$1.25
$1.25
$1.25
2H
$12.25
$2.75
$1.50
$4.25
$1.50
$1.50
$1.50
3H
$17.00
$3.50
$1.75
$6.75
$2.25
$2.50
$1.75
4H
$20.25
$4.25
$2.25
$6.75
$2.50
$2.75
$2.25
5H
$27.00
$6.75
$3.50
$11.00
$3.50
$4.25
$3.50
6H
$33.75
$7.50
$3.75
$12.25
$4.25
$4.75
$3.75
7H
$40.50
$8.25
$4.25
$13.50
$4.75
$5.50
$4.25
* Toll collected one way only.
The E-ZPass tolls for bridge and barrier stations are as follows, except that certain commercial vehicles including but not limited to certain commercial vehicles in classes 2H, 3H, 4H, 5H, 6H and 7H, may be eligible for a special E-ZPass discount[:] and except that vehicles in class 2L that meet certain fuel efficiency and emissions standards, as determined by the authority, may also be eligible for a special additional E-ZPass discount:
TAPPEN ZEE BRIDGE
TAPPEN ZEE BRIDGE
NEW ROCHELLE
YONKERS
SPRING VALLEY
SPRING VALLEY
HARRIMAN
CITY LINE/BLACK ROCK
GRAND ISLAND BRIDGES
**
**
*
**
**
*
PEAK
OFF PEAK
PEAK
OFF PEAK
Resident
$0.09
Carpool
$0.50
$0.50
Commuter
$2.00
$2.00
$1.00
$0.50
$0.50
$0.50
$0.25
2L
$3.60
$3.60
$1.13
$0.68
$0.00
$0.00
$0.68
$0.68
$0.68
3L
$9.50
$4.75
$1.80
$0.90
$2.50
$1.25
$0.90
$0.90
$0.90
4L
$11.25
$5.63
$2.25
$1.13
$3.75
$1.88
$1.13
$1.13
$1.13
2H
$12.25
$6.13
$2.61
$1.43
$4.25
$2.13
$1.43
$1.43
$1.43
3H
$17.00
$8.50
$3.33
$1.66
$6.75
$3.38
$2.14
$2.38
$1.66
4H
$20.25
$10.13
$4.04
$2.14
$6.75
$3.38
$2.38
$2.61
$2.14
5H
$27.00
$13.50
$6.41
$3.33
$11.00
$5.50
$3.33
$4.04
$3.33
6H
$33.75
$16.88
$7.13
$3.56
$12.25
$6.13
$4.04
$4.51
$3.56
7H
$40.50
$20.25
$7.84
$4.04
$13.50
$6.75
$4.51
$5.23
$4.04
* Toll collected one way only.
** Toll collected one way only and the toll indicated for classes 3L through 7H represent the maximum amounts to be charged. The tolls for classes 3L through 7H may be reduced, on a graduated scale or otherwise, during certain hours for E-ZPass holders within such classes and upon such terms and conditions as the authority may determine from time to time.
The motor home and motorcycle Plan tolls for bridge and barrier stations are as follows:
TAPPEN ZEE BRIDGE
TAPPEN ZEE BRIDGE
NEW ROCHELLE
YONKERS
SPRING VALLEY
SPRING VALLEY
HARRIMAN
CITY LINE/BLACK ROCK
GRAND ISLAND BRIDGES
**
**
*
**
**
*
PEAK
OFF PEAK
PEAK
OFF PEAK
MTRHOME
2 AXLES
$3.60
$3.60
$1.13
$0.68
$0.00
$0.00
$0.68
$0.68
$0.68
MTRHOME
3 AXLES
$9.50
$4.75
$1.80
$0.90
$2.50
$1.25
$0.90
$0.90
$0.90
MTRHOME
4 AXLES
$11.25
$5.63
$2.25
$1.13
$3.75
$1.88
$1.13
$1.13
$1.13
2/3 AXLES MTRCYCL
$2.00
$2.00
$0.63
$0.38
$0.00
$0.00
$0.38
$0.38
$0.38
* Toll collected one way only.
** Toll collected one way only and the toll indicated for motor homes (with 3 or more axles) represents the maximum amounts to be charged. The tolls for motor homes (with 3 or more axles) may be reduced, on a graduated scale or otherwise, during certain hours for E-ZPass holders within such classes and upon such terms and conditions as the authority may determine from time to time.
On January 6, 2008 the Cash tolls will increase for bridge and barrier stations as follows:
TAPPAN ZEE BRIDGE
NEW ROCHELLE
YONKERS
SPRING VALLEY
HARRIMAN
CITY LINE/BLACK ROCK
GRAND ISLAND BRIDGES
*
*
*
*
2L
$4.50
$1.50
$1.00
$0.00
$1.00
$1.00
$1.00
3L
$10.50
$2.25
$1.25
$2.75
$1.25
$1.25
$1.25
4L
$12.50
$2.75
$1.50
$4.25
$1.50
$1.50
$1.50
2H
$13.50
$3.25
$1.75
$4.75
$1.75
$1.75
$1.75
3H
$18.75
$4.00
$2.00
$7.50
$2.50
$2.75
$2.00
4H
$22.50
$4.75
$2.50
$7.50
$2.75
$3.25
$2.50
5H
$29.75
$7.50
$4.00
$12.25
$4.00
$4.75
$4.00
6H
$37.25
$8.25
$4.25
$13.50
$4.75
$5.25
$4.25
7H
$44.75
$9.25
$4.75
$15.00
$5.25
$6.25
$4.75
* Toll collected one way only.
Final rule as compared with last published rule:
Nonsubstantive changes were made in section 101.2(b), (f).
Text of rule and any required statements and analyses may be obtained from:
Regulatory Impact Statement, Regulatory Flexibility Analysis, Rural Area Flexibility Analysis and Job Impact Statement
The rule as adopted contains nonsubstantial revisions. These revisions do not necessitate that a revised Regulatory Impact Statement, Regulatory Flexibility Analysis, Rural Area Flexibility Analysis or Job Impact Statement be issued.
Assessment of Public Comment
1. This Notice of Proposed Rule Making was published in the State Register on November 15, 2006. The Thruway Authority received one public comment relating to this special additional E-ZPass discount program. The commentor suggested that this discount program include alternate fuel vehicles, as well as the hybrid vehicles with certain fuel efficiency and emissions standards as cited in the Needs and Benefits section of the Regulatory Impact Statement.
2. The Thruway Authority's special additional E-ZPass discount program is based on the Governor's 9-Point Strategic Energy Action plan and offers a special additional E-ZPass discount to customers with vehicles that meet certain fuel efficiency and emissions standards. This E-ZPass discount program uses the exact same program criteria as the New York State Department of Motor Vehicles uses to qualify vehicles to use certain high occupancy vehicle (HOV) lanes even though the vehicles do not contain the requisite number of passengers ordinarily required for the use of such lanes. It is not only required that the vehicle be hybrid in nature, but also that certain fuel efficiency and emissions standard are met. The commentor's suggested vehicle may meet the emissions standard but does not meet the fuel efficiency standard as required by the program criteria.
3. The rule making as published meets the objectives set forth in the Governor's 9-Point Strategic Energy Action plan and is consistent with the criteria established by the Department of Motor Vehicles for HOV use. The suggestion to include alternative fuel vehicles in this special additional E-ZPass discount program will not meet the fuel efficiency standard of this program and as a result, no change to the rule was made.
