(j) Police officer [refers to] means any [member of the Metro-North Police Department and any] person so designated [other police officer duly appointed] pursuant to New York Criminal Procedure Law, section 1.20 who, pursuant to [his] their authority, has jurisdiction within a terminal, station or train including without limitation any member of the MTA Police Department, and also any Bridge and Tunnel Officer authorized to issue notices of violation pursuant to New York Public Authorities Law, section 553(7-a).

New subdivisions (e) and (f) are added to section 1085.4 to read as follows:

Subdivisions (a), (d), (o) and (q) of section 1085.5 are amended and new subdivisions (r), (s) and (t) are added to read as follows:

No person in a terminal, station or train shall:

(a) block free movement of another person or persons; lie on the floor, platforms, stairs, tables, benches, chairs or other furniture designed for sitting, counters or landings; or occupy more than one seat;

(d) drink any alcoholic beverage or possess any opened or unsealed container of alcoholic beverage, [except in premises or areas allowing the sale or consumption of alcoholic beverages, such as on trains or platforms or in bars or restaurants] except in such areas and at such times as may be permitted from time to time by Metro-North in its discretion;

(o) Burn a lighted cigarette, cigar, pipe, or any other matter or substance which contains tobacco or any tobacco substitute, or use an electronic cigarette (“vaping”) on a train or in any indoor area within a terminal or station or in an outdoor ticketing, boarding or platform area of a terminal or station.

(q) engage in noncommercial activities, except as authorized by subdivision (d) of this section[.];

Subdivision (c) of section 1085.15 is amended to read as follows:

(c) Violation of these rules shall constitute an offense punishable by a fine [not exceeding $50] or imprisonment [for not more than 30 days] or both but no such fine or imprisonment shall exceed the maximum fine or imprisonment permitted under Public Authorities Law, section 1266(4).

Statutory authority: Section 1204(5-a) of the Public Authorities Law provides that the New York City Transit Authority may adopt rules and regulations governing the conduct and safety of the public as it may deem necessary, convenient or desirable for the use and operation of the transit facilities under its jurisdiction; Sections 1266(4) and (5) of the Public Authorities Law provide that the Metropolitan Transportation Authority and its subsidiary public benefit corporations may adopt rules and regulations governing the conduct and safety of the public as they may deem necessary, convenient or desirable for the use of any transportation facility and related services operated by it or its subsidiaries.

Legislative objectives: The Legislature has conferred on the New York City Transit Authority and the Metropolitan Transportation Authority and their subsidiaries the authority to ensure the safety of their passengers and employees. Both have exercised that authority to adopt rules of conduct governing the conduct and safety of the public in the use of their facilities; these amended rules further the Legislature’s objective by safeguarding public health and safety, especially during the State disaster emergency related to the COVID-19 outbreak and after.

Needs and benefits: The proposed amendments are necessary to safeguard public health and safety and to ensure immediately that health care providers, first responders, and other essential workers who rely on subways and trains to get to and from work and also our employees are able to maintain social distancing during the COVID-19 outbreak.

Costs:

(a) Regulated parties. The proposed amendments to the rules governing conduct and safety do not impose new costs on passengers or others.

(b) State and local government. The proposed amendments to the rules governing conduct and safety will not impose any new costs on State or local governments.

Local government mandates: The proposed amended rules do not impose any new programs, services, duties or responsibilities on local government. The New York City Police Department’s Transit Bureau is already responsible with others in enforcing the New York City Transit Authority’s Rules Governing the Conduct and Safety of the Public, and the MTA Police Department is responsible for enforcing the comparable rules and regulations governing he conduct and safety of the public on trains and stations operated by the MTA’s two commuter railroads.

Paperwork: The proposed amended rules do not impose any new reporting requirements.

Duplication: The proposed amended rules do not duplicate, overlap, or conflict with any State or Federal rule.

Alternatives: The proposed amended rules seek to improve enforcement of rules governing the public’s use of the MTA’s facilities and conveyances. No significant alternatives to these amendments were considered.

Federal standards: The proposed amended rules do not exceed any Federal minimum standards.

Compliance schedule: There is no compliance schedule imposed by these proposed amended rules. Once adopted, the emergency amendments to the existing rules governing the conduct and safety of the public will be effective immediately.

A Regulatory Flexibility Analysis, a Rural Area Flexibility Analysis, and a Job Impact Statement are not required for this rulemaking proposal because it will not adversely affect small businesses, local governments, rural areas, or jobs.

This proposed rulemaking will amend Metro-North Commuter Railroad Company’s existing rules of conduct governing the conduct and safety of the public in the use of its facilities and conveyances. Due to its narrow focus, this proposed rule will not impose an adverse economic impact or reporting, recordkeeping, or other compliance requirements on small businesses or local governments in rural or urban areas or on jobs and employment opportunities.

The agency received no public comment.