44 N.J.R. 2035(a)

Proposed Amendments: N.J.A.C. 13:44D-1.1 and 4.1
Proposed New Rule: N.J.A.C. 13:44D-3A

 
Authorized By: Eric T. Kanefsky, Acting Director, Division of Consumer Affairs.
 
Authority: N.J.S.A. 45:14D-6.
 
Calendar Reference: See Summary below for explanation of exception to calendar requirement.
 
Proposal Number: PRN 2012-103.
 
Submit written comments by October 5, 2012 to:
   Eric T. Kanefsky, Acting Director
   Division of Consumer Affairs
   Post Office Box 45027
   Newark, New Jersey 07101
 
The agency proposal follows:
 
Summary
The Interstate Commerce Commission Termination Act of 1995, Pub. L. No. 104-88, 109 Stat. 803 (codified in scattered sections of 11, 45, and 49 USCS), (Act) preempts a state from regulating prices, routes, or services of motor carriers engaged in the transport of office goods. In order to clarify these Federal preemptions, the Division of Consumers Affairs (Division) proposes to amend N.J.A.C. 13:44D-1.1 and 4.1 and proposes new Subchapter 3A, Office Goods.
The proposed amendment to N.J.A.C. 13:44D-1.1 provides a definition for "office goods."
Proposed new N.J.A.C. 13:44D-3A.1(a) sets forth the provisions of N.J.A.C. 13:44D that do not apply when public movers and/or warehousemen move or store office goods. Subsection (b) sets forth additional provisions that do not apply when public movers and/or warehousemen limit their business to moving or storage of office goods. Furthermore, subsection (c) sets forth that when applying for a license, a public mover and/or warehouseman who limits his or her business to moving or storing of office goods shall submit the documentation required by N.J.A.C. 13:44D-2.1(b)1, 2, and 3 and shall comply with the mandates of N.J.A.C. 13:44D-2.1(c) and (d). Such a public mover and/or warehouseman shall not be required to submit the documentation required by N.J.A.C. 13:44D-2.1(b)4.
Proposed new N.J.A.C. 13:44D-4.1(e) establishes that a public mover and/or warehouseman is not required to provide consumers with the "Important Notice to Consumers" brochure or use estimate or order for service forms required by the rules when he or she is solely moving or storing office goods.
The Division has determined that the comment period for this notice of proposal will be 60 days; therefore, pursuant to N.J.A.C. 1:30-3.3(a)5, this notice is excepted from the rulemaking calendar requirement.
 
Social Impact
As the proposed amendments and new rule give effect to an existing Federal preemption of State rules pertaining to moving or storage of office goods, the proposed amendments and new rule will have no social impact.
 
Economic Impact
As the proposed amendments and new rule recognize an existing Federal preemption on State rule of rates, routes, and services of moving or storage of office goods, the proposed amendments and new rule will have no economic impact.
 
Federal Standards Statement
The proposed amendments and new rule recognizes that the Act, Pub. L. No. 104-88, 109 Stat. 803 (codified in scattered sections of 11, 45, and 49 USCS), preempts the Division from regulating prices, routes, or services when public movers and/or warehousemen are moving or storing office goods. While the proposed amendments and new rule are proposed in recognition of the Federal rule, they do not exceed the Federal standards or requirements. Therefore, no Federal standard analysis is necessary.
 
Jobs Impact
The Division does not anticipate that the proposed amendments and new rule will result in an increase or decrease of jobs in this State.
 
Agriculture Industry Impact
The Division does not anticipate that the proposed amendments and new rule will have any impact on the agriculture industry of this State.
 
Regulatory Flexibility Statement
A regulatory flexibility analysis is not necessary as the proposed amendments and new rule will have no adverse economic impact, will not require public movers and/or warehousemen to employ any professional services, and will not impose compliance, recordkeeping or reporting requirements on small businesses, as defined in the Regulatory Flexibility Act, N.J.S.A. 52:14B-16 et seq.
 
Housing Affordability Impact Analysis
The proposed amendments and new rule will have an insignificant impact on affordable housing in New Jersey and there is an extreme unlikelihood that the rules would evoke a change in the average costs [page=2036] associated with housing because the proposed amendments and new rule concern moving and storage of office goods.
 
Smart Growth Development Impact Analysis
The proposed amendments and new rule will have an insignificant impact on smart growth and there is an extreme unlikelihood that the rules would evoke a change in housing production in Planning Areas 1 or 2, or within designated centers, under the State Development and Redevelopment Plan in New Jersey because the proposed amendments and new rule concern moving and storage of office goods.
 
Full text of the proposal follows (additions indicated in boldface thus; deletions indicated in brackets [thus]):
 
SUBCHAPTER 1.    DEFINITIONS
 
13:44D-1.1   Words and phrases defined
 
The following words and terms, when used in this chapter, shall have the following meanings unless the context clearly indicates otherwise.
 
. . .
 
"Office goods" means personal effects, fixtures, furniture, equipment, stock, and supplies or other property usually used in or as part of the stock of any office, or commercial, institutional, professional, or other type of establishment, when it is transported or put into storage by virtue of its removal, in whole or in part, from one location to another.
 
. . .
 
SUBCHAPTER 3A.    OFFICE GOODS
 
13:44D-3A.1   Office goods
 
(a) A public mover and/or warehouseman who is providing moving or storage services for office goods shall not be required to comply with the following rules, with respect to those services:
 
1. N.J.A.C. 13:44D-3.1, pertaining to tariffs;
 
2. N.J.A.C. 13:44D-4.2, pertaining to moving contract: non-binding estimate;
 
3. N.J.A.C. 13:44D-4.3, pertaining to moving contract: binding estimate;
 
4. N.J.A.C. 13:44D-4.4, pertaining to warehousemen entering into a contract to provide services;
 
5. N.J.A.C. 13:44D-4.5, pertaining to combination of order for service and estimate forms;
 
6. N.J.A.C. 13:44D-4.6(d), pertaining to liability listed in order for service form;
 
7. N.J.A.C. 13:44D-4.8, pertaining to withholding a shipment;
 
8. N.J.A.C. 13:44D-4.9, pertaining to subcontracting;
 
9. N.J.A.C. 13:44D-4.10(d), pertaining to written notice regarding use of an owner-operator;
 
10. N.J.A.C. 13:44D-4.10(f), pertaining to responsibility of licensed public mover when using the services of an owner-operator;
 
11. N.J.A.C. 13:44D-4.11, pertaining to occupational misconduct;
 
12. N.J.A.C. 13:44D-4.12, pertaining to labor and equipment;
 
13. N.J.A.C. 13:44D-4.13, pertaining to warehousing; and
 
14. N.J.A.C. 13:44D-4.17, pertaining to short-notice move or warehousing.
 
(b) A public mover and/or warehouseman who limits his or her business to moving or storing of office goods shall not be required to comply with the following rules:
 
1. N.J.A.C. 13:44D-2.1(a), pertaining to truck ownership or leasing requirements;
 
2. N.J.A.C. 13:44D-2.1(e), license display requirements;
 
3. N.J.A.C. 13:44D-2.1(g), pertaining to decal requirements;
 
4. N.J.A.C. 13:44D-2.1(h), pertaining to truck labeling requirements;
 
5. N.J.A.C. 13:44D-2.1(i), pertaining to offering of service limitations;
 
6. N.J.A.C. 13:44D-2.5, pertaining to advertising;
 
7. N.J.A.C. 13:44D-2.6, pertaining to place of business;
 
8. N.J.A.C. 13:44D-2.7, pertaining to names used to offer moving and/or warehousing;
 
9. N.J.A.C. 13:44D-3.1, pertaining to tariffs;
 
10. N.J.A.C. 13:44D-4.2, pertaining to moving contract: non-binding estimate;
 
11. N.J.A.C. 13:44D-4.3, pertaining to moving contract: binding estimate;
 
12. N.J.A.C. 13:44D-4.4, pertaining to warehousemen entering into a contract to provide services;
 
13. N.J.A.C. 13:44D-4.5, pertaining to combination of order for service and estimate forms;
 
14. N.J.A.C. 13:44D-4.6(d), pertaining to liability listed in order for service form;
 
15. N.J.A.C. 13:44D-4.8, pertaining to withholding a shipment;
 
16. N.J.A.C. 13:44D-4.9, pertaining to subcontracting;
 
17. N.J.A.C. 13:44D-4.10(d), pertaining to written notice regarding use of an owner-operator;
 
18. N.J.A.C. 13:44D-4.10(f), pertaining to responsibility of licensed public movers when using the services of an owner-operator;
 
19. N.J.A.C. 13:44D-4.11, pertaining to occupational misconduct;
 
20. N.J.A.C. 13:44D-4.12, pertaining to labor and equipment;
 
21. N.J.A.C. 13:44D-4.13, pertaining to warehousing; and
 
22. N.J.A.C. 13:44D-4.17, pertaining to short-notice move or warehousing.
 
(c) When applying for a license, a public mover and/or warehouseman who limits his or her business to moving or storing of office goods shall submit the documentation required by N.J.A.C. 13:44D-2.1(b)1, 2, and 3 and shall comply with the mandates of N.J.A.C. 13:44D-2.1(c) and (d). Such a public mover and/or warehouseman shall not be required to submit the documentation required by N.J.A.C. 13:44D-2.1(b)4.
 
SUBCHAPTER 4.    GENERAL PROVISIONS
 
13:44D-4.1   Forms
 
(a)-(d) (No change.)
 
(e) When a public mover and/or warehouseman is providing moving services for a shipment that consists solely of office goods, he or she shall not be required to issue the brochure entitled "Important Notice to Consumers" required by N.J.A.C. 13:44D-4.2, 4.3, and 4.4 or to use the estimate required by N.J.A.C. 13:44D-4.2(b) or 4.3(b), or the order for service required by N.J.A.C. 13:44D-4.2(c) or 4.3(b).