1. Statutory authority:

Public Authorities Law (PAL) section 538 subdivision 1 authorizes the New York State Bridge Authority (Authority) to make rules and regulations for the preservation and use of bridges under its jurisdiction. PAL section 528 subdivision 2 authorizes the Authority to make by-laws for the management and regulation of its affairs. Section 1630 of the Vehicle and Traffic Law authorizes the Authority to make rules and regulations to regulate traffic on any highway under its jurisdiction with respect to charging tolls, taxes, fees, licenses or permits for the use of the highway or any property under the Authority’s jurisdiction.

2. Legislative objectives:

The proposed rule will amend the Authority’s regulations relating to the hours of operation for bridge walkways and/or bikeways. Currently, the Authority’s regulations allow bridge walkways and/or bikeways, where provided, to be open for use each day between dawn and dusk. The proposed regulation will allow the Authority to expand and set specific hours of operation at each bridge’s walkway and/or bikeway based on the unique needs of each facility.

3. Needs and benefits:

The modifications are necessary to ensure the desired use of bridge walkways and/or bikeways for mobility and recreational purposes. The amendment will allow the Authority to expand the hours of operation to accommodate pedestrian and cyclist needs at each facility without sacrificing the current needs the public has come to expect.

4. Costs:

a. Costs to regulated parties: The proposed rule will have no financial impact upon regulated parties.

b. Costs to the State, the Authority and local governments: This proposed rule will impose no costs on local governments.

5. Local government mandates:

The proposed rule will not affect local governments.

6. Paperwork:

Not applicable because the proposed rule is consistent with current practices.

7. Duplication:

This proposed regulation does not duplicate or conflict with any State or Federal rule.

8. Alternatives:

There were no significant alternatives to consider and a no action alternative was not considered.

9. Federal Standards:

This rule does not exceed any Federal standards.

10. Compliance schedule:

Anticipate immediate compliance will be readily achievable.

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

This proposed rulemaking will ensure the desired use of bridge walkways and/or bikeways for mobility and recreational purposes. It will allow the Authority to expand and set specific hours of operation at each bridge’s walkway and/or bikeway based on the unique needs of each facility.

Due to its narrow focus, this rule will not impose an adverse economic impact or reporting, record-keeping, or other compliance requirements on small businesses in rural or urban areas or on employment opportunities. No local government activities are involved.