TRN-48-15-00005-P Updates to Various Household Goods Provisions

12/2/15 N.Y. St. Reg. TRN-48-15-00005-P

NEW YORK STATE REGISTER

VOLUME XXXVII, ISSUE 48

December 02, 2015

RULE MAKING ACTIVITIES

DEPARTMENT OF TRANSPORTATION

PROPOSED RULE MAKING

NO HEARING(S) SCHEDULED

 

I.D No. TRN-48-15-00005-P

Updates to Various Household Goods Provisions

PURSUANT TO THE PROVISIONS OF THE State Administrative Procedure Act, NOTICE is hereby given of the following proposed rule:

Proposed Action:

This is a consensus rule making to repeal Part 814; and add new Part 814 to Title 17 NYCRR.

Statutory authority:

Transportation Law, sections 14(18), 191 and 196

Subject:

Updates to various household goods provisions.

Purpose:

Updates various household goods provisions.

Substance of proposed rule (Full text is posted at the following State website: https://www.dot.ny.gov/divisions/operating/ osss/truck/regulations):

The proposed rule amendments provide for the following changes. Part 814.0 is amended to contain a definition of household goods; currently, there is no definition of the term. Subdivision 814.1(a) contains an outdated reference to the Public Service Commission, which is removed. Subdivision 814.1(e) allows for the provision of the Summary of Information booklet to shippers electronically. Subdivisions 814.2(a) and (c) now reference Transportation Law section 196 rather than section 172, reflecting statutory changes. A new Part 814.3 is added to allow for combination of a Non-Binding Estimate and Order for Service into one document, with the ability for electronic communication added. Part 814.4 is repealed. Part 814.5 is renumbered as 814.4, with the addition of e-mail addresses as a point of contact. Part 814.6 is renumbered as 814.5, with the removal of a requirement of the licensee to inform the Department in cases of reasonable dispatch, as defined. Part 814.7 is renumbered as 814.6, with the addition of all items of life sustenance to be delivered by licensee in instances of disputes as to charges. Part 814.8 is renumbered as 814.7. Part 814.9 is renumbered as 814.8, with the addition of electronic means of communication. The 120 day requirement for disposition of claims is reduced to 90 days. The 60 day requirement to satisfy a judgment is reduced to 30 days to harmonize with Civil Court requirements.

Text of proposed rule and any required statements and analyses may be obtained from:

David E. Winans, Associate Counsel, New York State Department of Transportation, 50 Wolf Road, 6th Floor, Albany, NY 12232, [phone], email: [e-mail]

Data, views or arguments may be submitted to:

Same as above.

Public comment will be received until:

45 days after publication of this notice.

Consensus Rule Making Determination

NYSDOT has determined that no person is likely to object to the amendments to 17 NYCRR Part 814, regulating the transportation of household goods, as herein proposed. These rulemaking provisions add a definition of the term ‘household goods’, update correspondence and notice options to allow for electronic communication, update the references to the statutory authority for household goods regulations, correct out of date addresses, and specify what information must be provided to shippers via order for service documents. These changes were made with the cooperation and participation of the moving industry, as represented by the New York State Movers & Warehousemen’s Association. This rulemaking does not represent a change in NYSDOT policy or practice or result in significant additional regulatory requirements for motor carriers.

Job Impact Statement

1. Nature of impact: The proposed rule changes are being advanced for the purpose of adding a definition of the term ‘household goods’, specifying the information that must be provided to shippers via order for service documents, updating the related statutory authority, allowing for electronic communications, and to correct addresses which have changed. The rule changes are not expected to have any impact on jobs, because the associated New York State Department of Transportation (NYSDOT) enforcement activity will be consistent with past practice.

2. Categories and numbers affected: NYSDOT participates in motor carrier enforcement with police agencies, and on its own initiative, performs inspections of vehicles and drivers and motor carrier compliance reviews. These reviews and inspections are performed using the standards that are found in the CFR regulations historically incorporated by reference in 17 NYCRR. Neither the frequency of inspections nor the basis for NYSDOT enforcement action is expected to change in a way that could affect employment.

3. Regions of adverse impact: Inspections and reviews are conducted pursuant to Department policy and there is no variance in the methodology across regions. No adverse impact on jobs in any region or regions is anticipated.

4. Minimizing adverse impact: The purpose of performing motor carrier enforcement activities is the advancement of public safety through verification of compliance with state and federal law and regulation pertaining to motor carrier safety; consequently, there are no adverse impacts.