TRN-48-15-00005-A Updates to Various Household Goods Provisions in Title 17 NYCRR

8/3/16 N.Y. St. Reg. TRN-48-15-00005-A

NEW YORK STATE REGISTER

VOLUME XXXVIII, ISSUE 31

August 03, 2016

RULE MAKING ACTIVITIES

DEPARTMENT OF TRANSPORTATION

NOTICE OF ADOPTION

 

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

Filing No. 707

Filing Date. Jul. 19, 2016

Effective Date. Aug. 03, 2016

Updates to Various Household Goods Provisions in Title 17 NYCRR

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

Action taken:

Repeal of Part 814; and addition of new Part 814 to Title 17 NYCRR.

Statutory authority:

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

Subject:

Updates to various household goods provisions in Title 17 NYCRR.

Purpose:

Update various household goods provisions in Title 17 NYCRR.

Substance of final rule:

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 Subdivision 814.1(a) contains an outdated reference to the Public Service Commission, which was removed.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 Part 814.4 is repealed.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.

Final rule as compared with last published rule:

Nonsubstantive changes were made in sections 814.3(b), (c), 814.4 and 814.8(b).

Text of 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]

Revised 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.

Assessment of Public Comment

A comment was received on the proposal to repeal Part 814 as adopted in 1974 and adopt a new Part 814. The comment was submitted by Bill Whalen, Executive Director of the NYS Movers and Warehousemen’s Association through their counsel, Amy Kellogg of Harter Secrest & Emory LLP. Mr. Whalen’s comment was supportive of the Department’s initiative updating Part 814, and assisted by identifying a few typographical and editorial errors that were present in text posted on the Department’s public webpage. The errors required a few non-substantive changes to the text, and the corrected text file was sent to Mr. Whalen through his counsel for confirmation as corrected, the text was consistent with our mutual expectations of the finished product. He did so confirm and reiterated his full support of the adoption of the new Part 814.