New York City Department of Transportation. Notice of Public Hearing and Opportunity to Comment on Proposed Rules

Transcription

1 New York City Department of Transportation Notice of Public Hearing and Opportunity to Comment on Proposed Rules What are we proposing? The New York City Department of Transportation (NYCDOT) is proposing to amend subdivision (c) (1) in Section 2-11 of Chapter 2 of Title 34 of the Official Compilation of the rules of the City of New York to allow proposed excavation areas to be easily identifiable for underground facility owners so that mark outs will be confined to the proposed excavation area instead of the entire street segment. When and where is the hearing? The Department of Transportation will hold a public hearing on the proposed rule. The public hearing will take place at 2:00pm on Monday, August 17, The hearing will be in the Bid Room at 55 Water Street, New York, NY How do I comment on the proposed rules? Anyone can comment on the proposed rules by: Website. You can submit comments to NYCDOT through the NYC rules website at . You can written comments to rules@dot.nyc.gov. Mail. You can mail written comments to NYCDOT, 55 Water Street, 7 th Floor New York, NY Attn: Joe Yacca. Fax. You can fax written comments to: Joe Yacca, New York City Department of Transportation at By speaking at the hearing. Anyone who wants to comment on the proposed rule at the public hearing must sign up to speak. You can sign up before the hearing by calling You can also sign up in the hearing room before the hearing begins on Monday, August 17, You can speak for up to three minutes. Is there a deadline to submit written comments? Yes, Friday, August 14, 2015 Do you need assistance to participate in the hearing? You must tell the Office of Legal Affairs if you need a reasonable accommodation of a disability at the hearing. You must tell us if you need a sign language interpreter. You can tell us by mail at the address given above. You may also tell us by telephone at You must tell us by Friday, August 14, Can I review the comments made on the proposed rules? You can review the comments made online on the proposed rules by going to the website at A few days after the hearing, a transcript of the hearing and copies of the written comments will be available to the public at the Office of Legal Affairs at 55 Water Street, 9 th Floor New York, NY Page 1 of 6

2 What authorizes [your agency] to make this rule? Sections 1043(a) and 2903(b) of the City Charter authorize NYCDOT to make this proposed rule. This proposed rule was included in NYCDOT s regulatory agenda for this Fiscal Year. Where can I find the NYCDOT s rules? NYCDOT s rules are in title 34 of the Rules of the City of New York. What rules govern the rulemaking process? NYCDOT must meet the requirements of Section 1043 of the City Charter when creating or changing rules. This notice is made according to the requirements of Section 1043 of the City Charter. Page 2 of 6

3 Statement of Basis and Purpose of Proposed Rule Prior to excavating a city street, permittees and owners of underground facilities must comply with the State of New York s Industrial Code Rule 753. Under the Industrial Code Rules, permittees and others are required to call DigNet, an organization that acts as a communications link between utility companies and excavation entities, prior to commencing work. The Industrial Code encourages the use of white paint to delineate excavation areas to identify the excavation site. This rule proposes to require permittees and sub-surface utility owners to limit the areas that are marked with white paint ( mark out areas) to only the affected area instead of the entire street segment. NYCDOT s authority for these rules is found in section 2903(b) of the New York City Charter. New material is underlined. [Deleted material is in brackets.] Shall and must denote mandatory requirements and may be used interchangeably in the rules of this department, unless otherwise specified or unless the context clearly indicates otherwise. Section 1. Paragraph (1) of subdivision (c) of Section 2-11 of Title 34 of the Rules of the city of New York is amended to read as follows: (1) Proper notification. [Permittees and owners of underground facilities shall comply with State of New York Industrial Code Rule 53 relating to Construction, Excavation and Demolition Operations at or near Underground Facilities. Permittees shall take the precautions necessary to protect such pipes, mains, conduits, and other appurtenances at their own expense.] (i) Permittees and owners of underground facilities must comply with State of New York Industrial Code Rule 753 relating to construction, excavation and demolition operations at or near underground facilities. (ii) Permittees must take the precautions necessary to protect and prevent damage to pipes, mains, conduits, and other underground facilities at their own expense. (iii) Mark out requirements. Permittees must delineate the proposed area of excavation but must take measures to limit the geographical area to be marked out and must avoid excessive or oversized markings. Permittees must ascertain, to the extent possible, the precise area of excavation and mark the corresponding area in accordance with this subparagraph. The proposed area of excavation must be marked with temporary white paint by using a continuous line, dots marking a radius or arc, or dashes outlining the excavation project. Dashes must be 6 to 12 in length and 1 in width. Dots must be 1 in diameter. The illustration below includes suggested examples of how the proposed area of excavation should be marked by using a continuous line, dots marking a radius or arc, or dashes. Page 3 of 6

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5 NEW YORK CITY LAW DEPARTMENT DIVISION OF LEGAL COUNSEL 100 CHURCH STREET NEW YORK, NY CERTIFICATION PURSUANT TO CHARTER 1043(d) RULE TITLE: Identification of Street Excavation Areas REFERENCE NUMBER: 2015 RG 039 RULEMAKING AGENCY: Department of Transportation I certify that this office has reviewed the above-referenced proposed rule as required by section 1043(d) of the New York City Charter, and that the abovereferenced proposed rule: (i) (ii) (iii) (iv) is drafted so as to accomplish the purpose of the authorizing provisions of law; is not in conflict with other applicable rules; to the extent practicable and appropriate, is narrowly drawn to achieve its stated purpose; and to the extent practicable and appropriate, contains a statement of basis and purpose that provides a clear explanation of the rule and the requirements imposed by the rule. /s/ STEVEN GOULDEN Date: June 19, 2015 Acting Corporation Counsel Page 5 of 6

6 NEW YORK CITY MAYOR S OFFICE OF OPERATIONS 253 BROADWAY, 10 th FLOOR NEW YORK, NY CERTIFICATION / ANALYSIS PURSUANT TO CHARTER SECTION 1043(d) RULE TITLE: Identification of Street Excavation Areas REFERENCE NUMBER: DOT-26 RULEMAKING AGENCY: Department of Transportation I certify that this office has analyzed the proposed rule referenced above as required by Section 1043(d) of the New York City Charter, and that the proposed rule referenced above: (i) (ii) (iii). Is understandable and written in plain language for the discrete regulated community or communities; Minimizes compliance costs for the discrete regulated community or communities consistent with achieving the stated purpose of the rule; and Does not provide a cure period because it does not establish a violation, modification of a violation, or modification of the penalties associated with a violation. Norma Ponce Mayor s Office of Operations _6/23/2015 Date Page 6 of 6