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