N.Y. General Business Law § 599-b: Certificate of approval

§ 599-b. Certificate of approval. Any person, firm, association or

corporation desiring a certificate of approval of any traffic control

device not conforming to the current manual and specifications for a

uniform system of traffic-control devices shall submit to the department

of transportation one or more sets of each type of device for which

approval is desired or such plans, specifications, design information or

data that the commissioner may require, in accordance with and together

with the fee provided by the rules and regulations promulgated by the

commissioner of transportation pursuant to this article. Upon a finding

by the commissioner that the use of any such traffic-control device is

necessary, because there are no equivalent conforming devices, and

because such use is consistent with the safe regulation of traffic on

highways within this state, he may issue a certificate of approval for

the sale, lease or offer for sale or hire of any such device.