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49 CFR 387.9; and motor carrier of 

passengers—49 CFR 387.33). FMCSA 

and the public can verify that a motor 

carrier of property or passengers has 

obtained, and has in effect, the required 

minimum levels of financial 

responsibility, by use of the information 

enclosed within these documents. 

Title: Financial Responsibility for 

Motor Carrier of Passengers and Motor 

Carriers of Property. 

OMB Control Number: 2126–0008. 

Type of Request: Revision of a 

currently-approved information 

collection. 

Respondents: Insurance and surety 

companies of motor carriers of property 

(Forms MCS–90 and MCS–82) and 

motor carriers of passengers (Forms 

MCS–90B and MCS–82B). 

Estimated Number of Respondents: 

175,338. 

Estimated Time per Response: The 

FMCSA estimates it takes two minutes 

to complete the Endorsement for Motor 

Carrier Policies of Insurances for Public 

Liability or three minutes for the Motor 

Carrier Public Liability Surety Bond; 

and one minute to place either 

document on board the vehicle (foreigndomiciled motor carriers only) [49 CFR 

387(f)]. These endorsements are 

maintained at the motor carrier’s 

principal place of business [49 CFR 

387.7(iii)(d)]. 

Expiration Date: March 31, 2010. 

Frequency of Response: Upon 

creation, change or replacement of an 

insurance policy or surety bond. 

Estimated Total Annual Burden: 4, 

056 burden hours [182 hours for 

Passenger Carriers + 3,401 hours for 

Property Carriers + 33 hours for 

Property Carrier Surety Bonds) + 440 

hours for placing financial 

responsibility documents in Canadadomiciled and Mexico- and Non-North 

America (NNA)-domiciled carriers]. 

Public Comments Invited: You are 

asked to comment on any aspect of this 

information collection, including: (1) 

Whether the proposed collection is 

necessary for the performance of 

FMCSA’s functions; (2) the accuracy of 

the estimated burden; (3) ways for the 

FMCSA to enhance the quality, 

usefulness, and clarity of the collected 

information; and (4) ways that the 

burden could be minimized without 

reducing the quality of the collected 

information. The agency will summarize 

or include your comments in the request 

for OMB’s clearance of this information 

collection. 

Issued on: October 9, 2009. 

David Anewalt, 

Acting Associate Administrator, for Research 

and Information Technology. 

[FR Doc. E9–25071 Filed 10–16–09; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF TRANSPORTATION 

Federal Transit Administration 

Federal Fiscal Year 2010 Annual List of 

Certifications and Assurances for 

Federal Transit Administration Grants 

and Cooperative Agreements 

AGENCY: Federal Transit Administration, 

DOT. 

ACTION: Notice. 

SUMMARY: Pursuant to 49 U.S.C. 5323(n), 

FTA is authorized to consolidate the 

certifications and assurances required 

by Federal law or regulations for its 

programs into a single document. FTA 

is also required by 49 U.S.C. 5323(n) to 

publish a list of those certifications and 

assurances annually. 

Appendix A of this Notice contains 

the comprehensive compilation of 

FTA’s Certifications and Assurances for 

Federal Fiscal Year (Federal FY) 2010 

applicable to the various Federal 

assistance programs that FTA will 

administer during that Federal FY. 

FTA’s Certifications and Assurances for 

Federal FY 2010 reflect Federal 

statutory, regulatory, and programmatic 

changes that have now become effective. 

DATES: Effective Date: These FTA 

Certifications and Assurances are 

effective on October 1, 2009, the first 

day of Federal FY 2010. 

FOR FURTHER INFORMATION CONTACT: FTA 

staff in the appropriate FTA Regional 

Office or FTA Metropolitan Office listed 

below. For copies of other related 

documents, see the FTA Web site at 

http://www.fta.dot.gov or contact FTA’s 

Office of Administration at 202–366– 

4022. 

Region 1: Boston 

States served: Connecticut (bus only), 

Maine, Massachusetts, New Hampshire, 

Rhode Island, and Vermont. Telephone 

# 617–494–2055. 

Region 2: New York 

States served: Connecticut (rail only), 

New York, and New Jersey. Telephone 

# 212–668–2170. 

Region 3: Philadelphia 

States served: Delaware, Maryland, 

Pennsylvania, Virginia, and West 

Virginia. Telephone # 215–656–7100. 

Region 4: Atlanta 

States served: Alabama, Florida, 

Georgia, Kentucky, Mississippi, North 

Carolina, South Carolina, Tennessee, 

Territories served: Puerto Rico and the 

U.S. Virgin Islands. Telephone # 404– 

865–5600. 

Region 5: Chicago 

States served: Illinois, Indiana, 

Michigan, Minnesota, Ohio, and 

Wisconsin. Telephone # 312–353–2789. 

Region 6: Dallas/Ft. Worth 

States served: Arkansas, Louisiana, 

New Mexico, Oklahoma, and Texas. 

Telephone # 817–978–0550. 

Region 7: Kansas City 

States served: Iowa, Kansas, Missouri, 

and Nebraska. Telephone # 816–329– 

3920. 

Region 8: Denver 

States served: Colorado, Montana, 

North Dakota, South Dakota, Utah, and 

Wyoming. Telephone # 720–963–3300. 

Region 9: San Francisco 

States served: Arizona, California, 

Hawaii, Nevada, Territories served: 

Guam, American Samoa, and the 

Northern Mariana Islands. Telephone # 

415–744–3133. 

Region 10: Seattle 

States served: Alaska, Idaho, Oregon, 

and Washington. Telephone # 206–220– 

7954. 

Chicago Metropolitan Office 

Area served: Chicago Metropolitan 

Area. Telephone # 312–886–1616. 

Los Angeles Metropolitan Office 

Area served: Los Angeles 

Metropolitan Area. Telephone # 213– 

202–3950. 

Lower Manhattan Recovery Office 

Area served: Lower Manhattan. 

Telephone # 212–668–1770. 

New York Metropolitan Office 

Area served: New York Metropolitan 

Area. Telephone # 212–668–2201. 

Philadelphia Metropolitan Office 

Area served: Philadelphia 

Metropolitan Area. Telephone # 215– 

656–7070. 

Washington DC Metropolitan Office 

Area served: Washington DC 

Metropolitan Area. Telephone # 202– 

219–3562/219–3565. 

SUPPLEMENTARY INFORMATION: 

1. Purposes 

The purposes of this Notice are to: 


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• Publish FTA’s Federal FY 2010 

Certifications and Assurances for 

Applicants for Federal assistance 

administered by FTA and the Projects 

for which they seek Federal assistance. 

• Highlight new changes to the FTA 

Certifications and Assurances now in 

effect. 

• Identify locations where these FTA 

Certifications and Assurances may be 

viewed, and 

• Provide directions for submitting 

these FTA Certifications and 

Assurances. 

2. Background 

a. FTA’s Responsibilities. Since 

Federal FY 1995, FTA has been 

consolidating the various certifications 

and assurances that may be required of 

its Applicants and their projects into a 

single document for publication in the 

Federal Register. FTA intends to 

continue publishing this document 

annually, when feasible in conjunction 

with its publication of the FTA annual 

apportionment notice, which sets forth 

the allocations of funds made available 

by the latest U.S. Department of 

Transportation (U.S. DOT) annual 

appropriations act. Because U.S. DOT’s 

full-year appropriations for Federal FY 

2010 were not signed into law on 

October 1, 2010 (the first day of Federal 

FY 2010), and have not yet been signed 

into law, FTA is proceeding with 

publication of its Certifications and 

Assurances for FY 2010. 

b. Applicant’s Responsibilities. 

Irrespective of whether a project will be 

financed under the authority of 49 

U.S.C. chapter 53, Title 23, United 

States Code, or another Federal statute, 

the Applicant must submit Federal FY 

2010 Certifications and Assurances to 

FTA applicable to all projects for which 

the Applicant seeks funding during 

Federal FY 2010. 

FTA requests that an Applicant 

submit all of the twenty-four (24) 

categories of the Certifications and 

Assurances that may be needed for all 

projects for which the Applicant intends 

to or might seek Federal assistance in 

the Federal FY 2010. Selecting and 

submitting these Certifications and 

Assurances to FTA signifies the 

Applicant’s intent and ability to comply 

with all applicable provisions thereof. 

In order to assure FTA that the 

Applicant is authorized under State and 

local law to certify compliance with the 

FTA Certifications and Assurances it 

has selected, FTA requires the 

Applicant to obtain a current (Federal 

FY 2010) affirmation signed by the 

Applicant’s attorney affirming the 

Applicant’s legal authority to certify its 

compliance with the FTA Certifications 

and Assurances that the Applicant has 

selected. The Applicant’s attorney must 

sign this affirmation during Federal FY 

2010. Irrespective of whether the 

Applicant makes a single selection of all 

twenty-four (24) categories of FTA 

Certifications and Assurances or selects 

individual categories from the FTA 

Certifications and Assurances, the 

Affirmation of Applicant’s Attorney 

from a previous Federal FY is not 

acceptable, unless FTA expressly 

determines otherwise in writing. 

c. Effect of Subrecipient Participation. 

Absent a written determination by FTA 

to the contrary, the Applicant itself is 

ultimately responsible for compliance 

with the FTA Certifications and 

Assurances it has selected even though 

the Project may be carried out in whole 

or in part by one or more subrecipients. 

Thus, if subrecipients will be 

participating in the Project, when the 

Applicant submits its FTA Certifications 

and Assurances, the Applicant is also 

signifying that it will be responsible for 

compliance, both of itself and of each of 

its subrecipients, with the provisions of 

the FTA Certifications and Assurances it 

has selected. Therefore, in providing 

Certifications and Assurances that 

necessarily involve the compliance of 

any prospective subrecipient, FTA 

strongly recommends that the Applicant 

take the appropriate measures, 

including but not limited to obtaining 

sufficient documentation from each 

subrecipient participating in the project, 

to assure the validity of the Applicant’s 

Certifications and Assurances to FTA. 

3. Significant Information About FTA’s 

Certifications and Assurances for 

Federal FY 2010 

a. Legal Implications 

(1) Binding Commitments. Because 

the Applicant is required by Federal law 

and regulations to comply with the 

applicable provisions of all FTA 

Certifications and Assurances it 

submits, it is important that the 

Applicant be familiar with the 

provisions of all twenty-four (24) 

categories of FTA Certifications and 

Assurances for Federal FY 2010. The 

text of those Certifications and 

Assurances is contained in Appendix A 

of this Notice, and also appears at 

http://www.fta.dot.gov/documents/ 

2010-Certs-Appendix.A.pdf, and in 

FTA’s electronic award and 

management system, TEAM–Web, 

http://ftateamweb.fta.dot.gov, at the 

‘‘Cert’s & Assurances’’ tab of the ‘‘View/ 

Modify Recipients’’ page in the 

‘‘Recipients’’ option. Provisions of this 

Notice supersede conflicting statements 

in any FTA circular containing a 

previous version of FTA’s annual 

Certifications and Assurances. The 

Certifications and Assurances contained 

in those FTA circulars are merely 

examples, and are not acceptable or 

valid for Federal FY 2010. 

An Applicant’s annual Certifications 

and Assurances to FTA generally 

remain in effect for either the duration 

of the Grant or Cooperative Agreement 

supporting the Project until the Project 

is closed out or for the duration of the 

Project or Project property when a 

useful life or industry standard is in 

effect, whichever occurs later. If, 

however, the Applicant provides 

Certifications and Assurances to FTA in 

a later year that differ from the 

Certifications and Assurances 

previously provided, the later 

Certifications and Assurances will apply 

to the Grant, Cooperative Agreement, 

Project, or Project property, except to 

the extent FTA permits otherwise in 

writing. 

(2) Penalties for Noncompliance. If 

the Applicant makes a false, fictitious, 

or fraudulent claim, statement, 

submission, certification, assurance, or 

representation to the Federal 

government or includes a false, 

fictitious, or fraudulent statement or 

representation in any agreement with 

the Federal government in connection 

with a Project authorized under 49 

U.S.C. chapter 53 or any other Federal 

law, the Federal government reserves 

the right to impose on the Applicant the 

penalties of the Program Fraud Civil 

Remedies Act of 1986, as amended, 31 

U.S.C. 3801 et seq., and implementing 

U.S. DOT regulations, ‘‘Program Fraud 

Civil Remedies,’’ 49 CFR part 31, or the 

penalties of 49 U.S.C. 5323(l) invoking 

the criminal provisions of 18 U.S.C. 

1001, or other applicable Federal law to 

the extent the Federal government 

deems appropriate. 

(3) FTA’s Certifications and 

Assurances Constitute Only a Partial 

List of Federal Requirements. FTA 

cautions that the FTA Certifications and 

Assurances required by Federal law and 

regulations do not address all the 

Federal requirements that will apply to 

the Applicant and its Project. FTA’s 

Certifications and Assurances are 

generally pre-award requirements, i.e., 

those requirements of Federal law and 

regulations the Applicant must fulfill 

before FTA is legally authorized to 

award Federal financial assistance to an 

Applicant. 

(4) Other Federal Requirements. 

Because FTA’s Certifications and 

Assurances do not encompass all 

Federal requirements that will apply to 

the Applicant and its Project, FTA 

strongly encourages the Applicant to 


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review the Federal authorizing 

legislation, regulations, and directives 

pertaining to the program or programs 

for which the Applicant seeks Federal 

assistance. The FTA Master Agreement 

for Federal FY 2010 at http:// 

www.fta.dot.gov/documents/16- 

Master.pdf identifies a substantial 

number of those Federal laws, 

regulations, and directives that apply to 

Applicants and their various projects. 

b. Importance of FTA’s Certifications 

and Assurances for Federal FY 2010. 

Following publication of these 

Certifications and Assurances, FTA may 

not award Federal financial assistance 

through a Federal Grant or Cooperative 

Agreement until the Applicant submits 

all of the FTA Certifications and 

Assurances for Federal FY 2010 

pertaining to itself and its project as 

required by Federal laws and 

regulations. The Applicant’s 

Certifications and Assurances for 

Federal FY 2010 will be applicable to all 

projects for which it seeks Federal 

assistance during Federal FY 2010 and 

through the next Federal FY until FTA 

issues its annual Certifications and 

Assurances for Federal FY 2011. 

c. Federal FY 2010 Changes. Apart 

from minor editorial revisions, 

significant matters concerning FTA’s 

Certifications and Assurances include 

the following: 

(1) In the Introductory paragraphs 

preceding the text of FTA’s 

Certifications and Assurances, the FTA 

Web site for the FTA Master Agreement 

for Federal FY 2010 is identified as 

http://www.fta.dot.gov/documents/16- 

Master.pdf. 

(2) Certification (01)F.5(g) has been 

revised to substitute a more specific 

citation to the confidentiality provisions 

of the Public Health Service Act of 1912, 

as amended, in lieu of the general 

citation to the Public Health Service Act 

of 1912. 

(3) The text of Certification (02), 

‘‘Lobbying Certification,’’ has been 

revised for consistency with terms used 

in the Transportation Infrastructure 

Finance and Innovation Act, 23 U.S.C. 

chapter 6, and to add a reference to 

OMB’s Standard Form-LLL, ‘‘Disclosure 

of Lobbying Activities,’’ Rev. 7–97, 

currently in use. 

(4) The heading of Certification (23) 

has been changed from ‘‘Infrastructure 

Finance Projects’’ to ‘‘TIFIA Projects’’ 

for clarity. The acronym ‘‘TIFIA’’ has 

thus been substituted for the term 

‘‘Infrastructure Finance’’ where used 

previously. 

(5) Although the American Recovery 

and Reinvestment Act of 2009, Public 

Law 111–5, February 17, 2009 

(‘‘Recovery Act’’) requires the 

submission of certain certifications, as a 

condition of Recovery Act funding, 

Recovery Act certifications are 

submitted individually and separately 

as required by that Act, rather than as 

a part of FTA’s Annual Certifications 

and Assurances. For that reason, we 

have not added a new category for 

annual Recovery Act certifications and 

assurances. 

d. When to Submit. All Applicants for 

FTA formula program or capital 

program assistance, and current FTA 

Grantees with an active project financed 

with FTA formula program or capital 

program assistance, are expected to 

provide their FTA Certifications and 

Assurances for Federal FY 2010 within 

90 days from the date of this publication 

or as soon as feasible after their first 

application for Federal assistance 

authorized or made available for Federal 

FY 2010, whichever is earlier. In 

addition, FTA encourages Applicants 

seeking Federal assistance for other 

projects to submit their FTA 

Certifications and Assurances to FTA as 

soon as possible to expedite awards of 

FTA assistance. 

4. Ways To Submit FTA Certifications 

and Assurances 

As further explained, FTA will accept 

an Applicant’s Certifications and 

Assurances submitted either in TEAM– 

Web at http://ftateamweb.fta.dot.gov, or 

on paper containing the text set forth on 

the Signature Page(s) of Appendix A of 

this Notice. In order of preference, FTA 

permits: 

a. Electronic Submission in TeamWeb. An Applicant registered in TEAM– 

Web must submit its FTA Certifications 

and Assurances, as well as its 

applications for Federal assistance in 

TEAM–Web. FTA prefers that other 

Applicants for Federal assistance submit 

their FTA Certifications and Assurances 

through TEAM–Web. 

The TEAM–Web ‘‘Recipients’’ option 

at the ‘‘Cert’s & Assurances’’ tab of the 

‘‘View/Modify Recipients’’ page 

contains fields for selecting among the 

twenty-four (24) categories of FTA 

Certifications and Assurances to be 

submitted. There is also a field for 

entering a single selection covering all 

twenty-four (24) categories of FTA 

Certifications and Assurances. 

Within the ‘‘Cert’s & Assurances’’ tab 

is a field for the Applicant’s authorized 

representative to enter his or her 

personal identification number (PIN), 

which constitutes the Applicant’s 

electronic signature for the FTA 

Certifications and Assurances selected. 

In addition, there is a field for the 

Applicant’s attorney to enter his or her 

PIN, affirming the Applicant’s legal 

authority to make and comply with the 

FTA Certifications and Assurances the 

Applicant has selected. The Applicant’s 

authorized representative may enter his 

or her PIN in lieu of the Attorney’s PIN, 

provided that the Applicant has a 

current Affirmation of Applicant’s 

Attorney as set forth in Appendix A of 

this Notice, written and signed by the 

attorney in Federal FY 2010. 

For more information, the Applicant 

may contact the appropriate FTA 

Regional Office or Metropolitan Office 

listed in this Notice or the TEAM–Web 

Helpdesk. 

b. Paper Submission. Only if the 

Applicant is unable to submit its FTA 

Certifications and Assurances in 

TEAM–Web may the Applicant submit 

its FTA Certifications and Assurances 

on paper. 

If an Applicant is unable to submit its 

FTA Certifications and Assurances 

electronically, it must mark the 

categories of FTA Certifications and 

Assurances it is making on the 

Signature Page(s) in Appendix A of this 

Notice and submit them to FTA. The 

Applicant may signify compliance with 

all categories by placing a single mark 

in the appropriate space or select the 

categories applicable to itself and its 

projects. 

The Applicant must enter its 

signature on the Signature Page(s) and 

must provide an Affirmation of 

Applicant’s Attorney pertaining to the 

Applicant’s legal capacity to make and 

comply with the Certifications and 

Assurances the Applicant has selected. 

The Applicant may enter its signature in 

lieu of its Attorney’s signature in the 

Affirmation of Applicant’s Attorney 

section of the Signature Page(s), 

provided that the Applicant has on file 

the Affirmation of Applicant’s Attorney 

as set forth in Appendix A of this 

Notice, written and signed by the 

attorney and dated in Federal FY 2010. 

For more information, the Applicant 

may contact the appropriate FTA 

Regional Office or Metropolitan Office 

listed in this Notice. 

Authority. 49 U.S.C. chapter 53; the Safe, 

Accountable, Flexible, Efficient 

Transportation Equity Act: A Legacy for 

Users (SAFETEA–LU), as amended by the 

SAFETEA–LU Technical Corrections Act, 

2008, Public Law 110–244, June 6, 2008; 

Title 23, United States Code (Highways); 

other Federal laws administered by FTA; 

U.S. DOT and FTA regulations at Title 49, 

Code of Federal Regulations; and FTA 

Circulars. 

Issued in Washington, DC, this 8th day of 

October 2009. 

Peter M. Rogoff, 

Administrator. 

BILLING CODE 4910–57–P 


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1Chapter 8 of Title 11 of the New York City 

Administrative Code Tax on Commercial Motor 

Vehicles and Motor Vehicles for Transportation of 

Passengers. 

[FR Doc. E9–24922 Filed 10–16–09; 8:45 am] 

BILLING CODE 4910–57–C 

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. 

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 § 54:39–41 and 

§ 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

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, § 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 § 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. 


sroberts on DSKD5P82C1PROD with NOTICES