March 29, 2005

Notice of Opportunity to Comment on Promulgation of Chapter 14 of Title 15 of the Rules of the City of New York Rules Concerning the Use of Ultra-Low Sulfur Fuel and Emissions Control Technology in Nonroad Vehicles Used in City Construction

PUBLIC NOTICE IS HEREBY GIVEN PURSUANT TO THE AUTHORITY VESTED IN THE Department of Environmental Protection by section 1043 and subdivision (c) of section 1403 of the New York City Charter and section 24-163.3 of the Administrative Code of the City of New York that the Department of Environmental Protection is proposing to promulgate rules concerning the use of ultra-low sulfur fuel and emissions control technology in nonroad vehicles. The prior version of this Rule was published in the City Record on June 11, 2004. A hearing was held on that version of the Rule on July 12, 2004.

PLEASE BE ADVISED THAT WRITTEN COMMENTS regarding the proposed Rule may be sent on or before April 1, 2005 to the New York City Department of Environmental Protection, Office of Legal and Legislative Affairs, 59-17 Junction Boulevard, 19th floor, Flushing, New York 11373 Attention: Judah Prero, Esq.

PLEASE BE FURTHER ADVISED THAT ORAL COMMENTS regarding the proposed Rule may be delivered at a public hearing to be held on March 28, 2005 at 59-17 Junction Boulevard, 6th Floor, Flushing, NY 11373 from 10am to 12 Noon. If you have any questions about the location of the hearing, please contact Belinda Pantina at (718) 595-6555.

Persons who request that a sign language interpreter or other form of reasonable accommodation for a disability be provided at the hearing are asked to notify Belinda Pantina at the phone number above by two weeks prior to the hearing.

LEASE BE FURTHER ADVISED THAT COPIES OF ALL WRITTEN COMMENTS and a summary of the oral comments delivered at the public hearing will be available for inspection within a reasonable time after receipt between the hours of 9am and 5pm at the Department of Environmental Protection, Office of Legal Affairs, 59-17 Junction Boulevard, 19th floor, Flushing, New York 11373.