Very minor changes to wording that do not change the substance of the rule have been made throughout the proposed rules and language that sets out criteria or other factors for review has been clarified to state that such criteria or factors “include but are not limited to”.

The following definitions under Section 751.02 are modified: In Authorized swimming and wading area, the name of the NYC Department of Health is amended to include Mental Hygiene. Environmental Control Board is amended to refer to the Office of Administrative Trials and Hearings (“OATH”) pursuant to chapter 45-a of the New York City Charter. General Project Plan is amended to cite to the actual General Project Plan dated July 16, 1998. Hudson River Park is redefined to clarify that the southern boundary is the northern seawall of Battery Park City, the eastern boundary is the western border of the Route 9A bikeway/Greenway, and the western boundary is the U.S. pierhead line.

Section 751.03(b) on Permits is modified as follows: Subparagraph (1) adds language that clarifies the issuance of a permit does not create a property right and such permits are terminable at will by the Trust. Subparagraph (2)(v) clarifies that the Trust may prohibit vehicles from driving or parking within the Park. Subparagraph (2)(vii) revises language regarding duty of permittees to restore the site after an event. Subparagraph (7) on insurance and subparagraph (13) on liability are modified to remove the Executive Department, New York City Region of State Parks, Recreation and Historic Preservation Commission and the City of New York Department of Parks and Recreation as additional insureds and indemnitees. Subparagraph (9) provides that the Trust will issue a permit in 30 days instead of 20 days of receipt of a complete application to be consistent with other rule sections that provide a 30-day review period. Subparagraph (14) has been revised to correct the phone number for reporting accidents or other incidents that occur in the Park.

Section 751.03(e) on Penalties is amended to refer to the new Section 751.07 penalty schedule added to the Trust rules and to the jurisdiction of OATH to hear such claims of violations of the Trust rules.

The last paragraph of Section 751.03(g) regarding demonstration permits has been moved to be a new subparagraph (h) entitled Demonstration permit fees.

Section 751.04 on Prohibited activities and uses is modified as follows: Language is added to inform the public that violators of the Trust rules will be subject to a civil penalty pursuant to the new penalty schedule at Section 751.07. Subparagraph (a) is amended to clarify that no property or equipment on or within the Park can be destroyed. The prohibition in subparagraph (b)(1) against destroying trees, plants, flowers, shrubs under subparagraph (b)(1) is separated into two separate sub-subparagraphs (i) and (ii). Subparagraph (c)(4) is revised to state that the disposal of abandoned property will be disposed of pursuant to law. Subparagraph (e) adds drones to the list of prohibited aviation uses and also clarifies that helicopter usage as needed by first responders is permitted. Subparagraph (g) expands and clarifies the types of abuse against animals that are prohibited in the Park. Subparagraph (m)(3) changes the word “charge” to “fee.” Subparagraph (q) adds hammocks tied to trees as a prohibited use. Subparagraph (v) clarifies that electronic cigarettes are also banned from the Park.

Section 751.05 on Regulated uses is modified as follows: Language is added to inform the public that violators of the Trust rules will be subject to a civil penalty pursuant to the new penalty schedule at Section 751.07. Subparagraph (a) is revised to clarify that events cannot significantly interfere with ordinary park use without a permit from the Trust. Subparagraph (i) clarifies that bicycle riding may only occur on designated service roads, access roads, and driveways used by motor vehicles within the Park or on the adjacent Greenway that is outside of the Park and is part of NYS Route 9A. Subparagraphs (o)(3) and (r)(2) clarify that in-line skates, roller skates, skateboards, and scooters may only be used on Park roads, areas designated for such use in the Park, and on the adjacent NYS Route 9A Greenway. Subparagraph (q) has been revised to include new sub-subparagraph numbers.

Section 751.06 on Boating is modified as follows: The term “State” is added before “Department of Motor Vehicles”.

A new section 751.07 on Civil Penalties is added that creates a new penalty schedule for violations of Trust rules, which penalty amounts range from $25 to $500 depending on type of violation. The penalty schedule is similar to the schedule that has been used by OATH to enforce violations of Trust rules, and which schedule will be rescinded upon final adoption of the Trust amendments that adopts the Trust’s penalty schedule. Penalties would continue to be recovered in a proceeding by the Office of Administrative Trials and Tribunals pursuant to Chapter 21, section 533(a)(9-b) of the New York City Charter.

A revised regulatory impact statement (RIS), a revised regulatory flexibility analysis (RFA), a revised rural area flexibility analysis (RAFA), and a revised job impact statement (JIS) are not required for this rulemaking adoption because it will not adversely affect small businesses, local governments, rural areas or jobs.

It is evident from the nature of the proposed rule and the nonsubstantive changes made, that the adopted rule will have no adverse impact on job opportunities or job development, no adverse economic impact on rural areas or reporting, recordkeeping, or other compliance requirements on public or private entities in rural areas, or other compliance requirements upon small businesses or local governments. The amendments and nonsubstantive changes involve minor wording and section heading numbering changes to the existing Hudson River Park rules, which outline permitted and prohibited uses and activities within the upland and water areas of Hudson River Park, and the adoption of a penalty schedule that conforms with the New York City Criminal Justice Reform Act and existing penalty schedules used in other parks throughout New York City.

As a rule that does not require a RFA, RAFA or JIS, this rule will be initially reviewed in the calendar year 2025, which is no later than the 5th year after the year in which this rule is being adopted.

During the Trust’s public comment period, the Trust received three written comments:

• One comment from the Office of Administrative Trials and Hearings (“OATH”) suggested two minor edits to the text of the rules.

• A comment from an individual noted that there is no designated rule about walkers and joggers staying off the bikeway adjacent to the Park and recommended that the Trust’s regulations prohibit pedestrians from using the bikeway.

• The third comment was from the New York City Department of Parks and Recreation (“NYC Parks”). As the NYC Parks Enforcement Patrol (“PEP”) enforces the Trust's rules within Hudson River Park, NYC Parks requested that the Trust ensure that its rules are as consistent as possible with the rules of NYC Parks found in Title 56 of the Rules of the City of New York ("NYC Parks Rules").

Hudson River Park Trust Responses:

Edits to Text:

The Trust agrees with the minor edits suggested by OATH that corrects a citation to the New York City Charter and corrects the full name of OATH to be the “Office of Administrative Trials and Hearings Environmental Control Board” and the Trust has incorporated these minor edits in the final rule.

Bikeway:

The bikeway is not within the Park’s boundaries and therefore is not covered under the Trust’s rules for the Hudson River Park. The bikeway is owned by the NYS Department of Transportation and is part of Route 9A. The Trust’s understanding is that the bikeway was funded and built as an alternative transportation corridor and that it therefore cannot currently be limited to bicycles or wheeled vehicles alone.

Rules Consistency with NYC Parks Rules:

The Trust agrees with this comment and has strived to increase the consistency in preparing the proposed amendment with the NYC Parks Rules as much as possible. Further, pursuant to Section 533(a)(9) of the New York City Charter, PEP can enforce NYC Parks Rules on property under the jurisdiction of the Trust, provided the Trust has entered into an agreement to provide protection of such property. The Trust is currently under such an agreement with NYC Parks to provide Park Enforcement Patrol security services and thus PEP officers likely will continue to issue summons under NYC Parks Rules as permitted under the New York City Charter and in the contract between the Trust and NYC Parks.