Feds want plan to resolve 'I ❤ NY' sign dispute
ALBANY, N.Y. — Federal highway officials are questioning why New York Gov. Andrew Cuomo's administration has yet to submit a plan to resolve an ongoing dispute over the state's "I Love NY" highway signs.
The Federal Highway Administration is still awaiting a proposal from the state Department of Transportation to satisfy the U.S. government's myriad concerns over the 514 highway signs, which Cuomo's administration installed despite a 2013 ruling explicitly prohibiting it from doing so.
That proposal was expected in early April and has yet to be submitted, according to a letter obtained under the federal Freedom of Information Act.
And the federal regulators — who could use the signs to cut off millions of dollars in highway funding for the state — aren't pleased.
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"With motorist safety in mind, it is with our greatest urging we ask the state to expedite the delivery of their proposal to the (Federal Highway Administration)," Peter Osborn, the federal agency's New York division administrator, wrote in the May 8 letter to state Transportation Commissioner Matthew Driscoll.
Asked about the letter, a spokeswoman for the New York Department of Transportation would only say the conversations with the federal agency were "ongoing."
The federal regulators have battled with Cuomo's administration for four years over the large blue signs, which tout the state's various tourism programs.
The signs are generally grouped in five and posted in rapid succession along the New York State Thruway and other highways across the state.
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First comes a "motherboard" sign welcoming drivers to the state or touting the "New York State Experience," depending on its location. Then comes multiple signs promoting different state tourism programs, such as Taste NY, I Love NY and Path Through History.
Each of the signs also include a mention of ILoveNY.com and the state's I Love NY mobile app.
The state DOT and Thruway Authority began installing the signs in 2014 before dramatically expanding them last year, spending $8.1 million in total. They used emergency highway contracts and overtime to ensure they were up before July 4.
But the state repeatedly ignored warnings from the Federal Highway Administration that the signs violate federal law, including in a 2013 order that came in response to the state's request to begin installing them.
The federal regulators say the signs are dangerous in part because they contain too much information that isn't of immediate use to the driver.
In his letter to the state, Osborn noted that the state and federal administration agreed to form a working group to figure out how to resolve the regulatory standoff.
When the group last met in February, the federal agency expected to receive a proposal to resolve the situation in early April, Osborn wrote. That didn't happen, according to the letter.
The New York Department of Transportation has contended the signs are legal.
"During this process there has been feedback between (the Federal Highway Administration) and (the state Department of Transportation), and the conversations are ongoing," said state transportation spokeswoman Tiffany Portzer.
Federal law requires states to follow meticulous rules on color, font, spacing, logos and size for signs on federally funded highways. The rules are laid out in a dense document known as the National Manual on Uniform Traffic Control Devices.
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If a state doesn't follow the rules in the manual, the highway administration can strip federal funding.
The potential penalty is significant: Last year, New York received about $1.7 billion in federal highway funding, though a penalty probably would be capped at 10%.
Osborn's letter did not specifically threaten to cut off any funding, but made clear the federal government continues to contend the signs are out of compliance.
"As discussed previously, these signs are not in compliance with the National Manual on Uniform Traffic Control Devices," Osborn wrote.
The plan the highway administration is seeking from the state would be an "experimental proposal," a process that allows states to experiment with signage that isn't explicitly allowed by the manual.
But the highway administration would have to approve such a proposal. Even then, the approval would be temporary with a requirement that the state regularly report on the safety and effectiveness of the signs.
In a statement Wednesday, highway administration spokesman Doug Hecox said the administration "continues to work with (New York State Department of Transportation) to develop a plan to achieve compliance.
"(The state transportation department) is currently developing an 'experimental proposal' for our consideration," he said. "The (Federal Highway Administration) will review the proposal upon receipt and work with (the New York State Department of Transportation) on next steps."
Campbell writes for Gannett's Albany (N.Y.) Bureau. Follow Jon Campbell on Twitter: @JonCampbellGAN