
[Federal Register: October 19, 2009 (Volume 74, Number 200)]
[Notices]               
[Page 53578-53579]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr19oc09-110]                         

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2009-0271]

 
Identification of Interstate Motor Vehicles: New York City, Cook 
County and New Jersey Tax Identification Requirements; Petition for 
Determination

AGENCY: Federal Motor Carrier Safety Administration (FMCSA), Department 
of Transportation (DOT).

ACTION: Notice of Petition for Determination; request for comments.

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SUMMARY: FMCSA is inviting all interested persons to comment on three 
petitions submitted by the American Trucking Associations (ATA) 
requesting determinations that the Commercial Motor Vehicle (CMV) 
identification requirements imposed by the State of New Jersey, New 
York City, and Cook County, Illinois are preempted by Federal law. The 
Safe, Accountable, Flexible, Efficient Transportation Equity Act: A 
Legacy for Users (SAFETEA-LU) prohibits States and their political 
subdivisions from requiring motor carriers to display in or on CMVs any 
form of identification other than forms required by the Secretary of 
Transportation, with certain exceptions. FMCSA seeks comment on whether 
the credential display requirements described below are preempted or 
whether they qualify for the relevant exception codified at 49 U.S.C. 
14506(b)(3).

DATES: Comments are due on or before November 18, 2009.

ADDRESSES: You may submit comments identified by the Federal Docket 
Management System Number in the heading of this document by any of the 
following methods. Do not submit the same comments by more than one 
method. However, to allow effective public participation before the 
comment period deadline, the Agency encourages use of the Web site that 
is listed first. It will provide the most efficient and timely method 
of receiving and processing your comments.
     Federal eRulemaking Portal: Go to http://
www.regulations.gov. Follow the online instructions for submitting 
comments.
     Fax: 1-202-493-2251.
     Mail: Docket Management Facility; U.S. Department of 
Transportation, Room W12-140, 1200 New Jersey Avenue, SE., Washington, 
DC 20590-0001.
     Hand Delivery: Ground floor, Room W12-140, 1200 New Jersey 
Avenue, SE., Washington, DC, between 9 a.m. and 5 p.m., e.t., Monday 
through Friday, except Federal holidays.
    Instructions: All submissions must include the Agency name and 
docket number for this action. Note that all comments received will be 
posted without change to http://www.regulations.gov, including any 
personal information provided. Refer to the Privacy Act heading on 
http://www.regulations.gov for further information.
    Public Participation: The regulations.gov system is generally 
available 24 hours each day, 365 days each year. You can find 
electronic submission and retrieval help and guidelines under the 
``Help'' section of the Web site. For notification that FMCSA received 
the comments, please include a self-addressed, stamped envelope or 
postcard, or print the acknowledgement page that appears after 
submitting comments on line. Copies or abstracts of all documents 
referenced in this notice are in the docket: FMCSA-2009-0271. For 
access to the docket to read background documents or comments received, 
go to http://www.regulations.gov at any time or to Room W12-140, 1200 
New Jersey Avenue, SE., Washington, DC, between 9 a.m. and 5 p.m., 
e.t., Monday through Friday, except Federal holidays. All comments 
received before the close of business on the comment closing date 
indicated above will be considered and will be available for 
examination in the docket at the above address. Comments received after 
the closing date will be considered to the extent practicable. FMCSA 
may, however, issue a final determination at any time after the close 
of the comment period. In addition to late comments, FMCSA will also 
continue to file in the public docket relevant information that becomes 
available after the comment closing date. Interested persons should 
monitor the public docket for new material.

FOR FURTHER INFORMATION CONTACT: Genevieve D. Sapir, Office of the 
Chief Counsel, Federal Motor Carrier Safety Administration, 1200 New 
Jersey Avenue, SE., Washington, DC 20590, (202) 366-7056; e-mail 
Genevieve.Sapir@dot.gov.

SUPPLEMENTARY INFORMATION:

Background

    New Jersey's Tax Code requires all motor carriers hauling, 
transporting, or delivering fuel to display a Motor Fuel Transport 
License Plate and annual Transport License Certificate. This 
requirement applies to all motor carriers hauling, transporting, or 
delivering fuel in New Jersey regardless of their State of domicile or 
registration. New Jersey Statutes Annotated Sec.  54:39-41 and Sec.  
54:39-53.
    New York City's Administrative Code requires CMVs used principally 
in the city or used principally in connection with a business carried 
on within the city to pay a tax and display a stamp. The requirement 
appears to apply whether or not the CMV is registered to an address in 
New York City.\1\
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    \1\ Chapter 8 of Title 11 of the New York City Administrative 
Code Tax on Commercial Motor Vehicles and Motor Vehicles for 
Transportation of Passengers.
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    Cook County's Code of Ordinances requires motor vehicle owners 
residing within the unincorporated area of Cook County to: (a) Display 
a window sticker showing payment of fees; and (b) paint business 
vehicle identification information on their vehicles. Article XIV of 
chapter 74 of the Cook County Code of Ordinances is referred to as the 
``Cook County Wheel Tax on Motor Vehicles Ordinance,'' and was amended 
most recently on March 4, 2009.
    Section 4306 of SAFETEA-LU, codified at 49 U.S.C. 14506(a), 
prohibits States from requiring motor carriers to display in or on CMVs 
any form of identification other than forms required by the Secretary 
of Transportation. However, Sec.  14506(b)(3) provides, in part, that 
``a State may continue to require display of credentials that are 
required * * * under a State law regarding motor vehicle license plates 
or other displays that the Secretary determines are appropriate.'' This 
authority has been delegated to FMCSA by 49 CFR 1.73 (a)(7). FMCSA 
believes that Congress intended to limit the exception at Sec.  
14506(b)(3) to two categories of requirements. The first includes 
identification requirements related to motor vehicle license plates. 
The second includes any other identification displays that the 
Secretary of Transportation approves.
    FMCSA seeks comment on whether the referenced identification 
display requirements are preempted by Federal law. Specifically, the 
Agency seeks comment on: (1) Whether New Jersey's, New York City's, 
and/or Cook County's credential display requirements qualify as 
identification requirements related to motor vehicle license plates; 
and/or (2) whether there is any other reason FMCSA should consider 
approving these requirements under 49 U.S.C.

[[Page 53579]]

14506(b)(3). ATA's petitions seeking determinations, along with the 
applicable statutes, regulations and ordinances, are available in the 
docket established for this Notice for inspection.

Request for Comments

    FMCSA invites the three affected jurisdictions, as well as any 
other interested party, to comment on the limited issue of whether New 
Jersey's, New York City's, and/or Cook County's credential display 
requirements are preempted in accordance with 49 U.S.C. 14506. 
Interested parties are requested to limit their comments to this issue. 
FMCSA has no authority to review the imposition, amounts, or collection 
of any taxes for which the credentials are issued. FMCSA encourages 
commenters to submit data or legal authorities supporting their 
position.

    Issued on: September 25, 2009.
Rose A. McMurray,
Acting Deputy Administrator.
[FR Doc. E9-25093 Filed 10-16-09; 8:45 am]
