STATE OF NEW YORK

DEPARTMENT OF TAXATION AND FINANCE

ALBANY, NEW YORK

Pursuant to the authority contained in subdivision First of section 171, subdivision (c) of section 301-h, subdivision 7 of section 509, subdivision (b) of section 523, and subdivision (a) of section 528 of the Tax Law, the Commissioner of Taxation and Finance, at an open meeting held on even date with the signing of this proposal, hereby proposes to make and adopt the following amendments to the regulations with respect to the Fuel Use Tax, as published in Article 3 of Subchapter C of Chapter III of Title 20 of the Official Compilation of Codes, Rules and Regulations of the State of New York.

Section 1. Paragraph (1) of subdivision (b) of section 492.1 of such regulations is amended by adding a new subparagraph (xxix) to read as follows:

Motor Fuel	Diesel Motor Fuel

Sales Tax	Composite	Aggregate	Sales Tax	Composite	Aggregate

Component	Rate	Rate	Component	Rate	Rate

(xxviii) October - December 2002

09.0	17.0	31.6	08.9	16.9	29.75

( xxix) January - March 2003

09.4	17.4	31.4	09.8	17.8	30.05

____________________________________

Arthur J. Roth

Commissioner of Taxation and Finance

DATED:	Albany, New York

October 29, 2002