53578 Federal Register / Vol. 74, No. 200 / Monday, October 19, 2009 / Notices 

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
Federal Register / Vol. 74, No. 200 / Monday, October 19, 2009 / Notices 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] 

BILLING CODE P 

DEPARTMENT OF TRANSPORTATION 

Pipeline and Hazardous Materials 

Safety Administration 

International Standards on the 

Transport of Dangerous Goods; Public 

Meeting 

AGENCY: Pipeline and Hazardous 

Materials Safety Administration 

(PHMSA), Department of 

Transportation. 

ACTION: Notice of public meeting. 

SUMMARY: This notice is to advise 

interested persons that PHMSA will 

conduct a public meeting in preparation 

for the 36th session of the United 

Nations Sub-Committee of Experts on 

the Transport of Dangerous Goods 

(UNSCOE TDG) to be held November 

30–December 9, 2009 in Geneva, 

Switzerland. During this meeting, 

PHMSA is also soliciting comments 

relative to potential new work items 

which may be considered for inclusion 

in its international agenda. 

Information Regarding The UNSCOE 

TDG Meeting 

DATES: Tuesday, November 10, 2009; 

9:30 a.m.–12:30 p.m. 

ADDRESSES: The meeting will be held at 

the DOT Headquarters, West Building, 

1200 New Jersey Avenue, SE., 

Washington, DC 20590. 

Conference Call Capability/Live 

Meeting Information: Conference call-in 

and ‘‘live meeting’’ capability will be 

provided for this meeting. Specific 

information on call-in and live meeting 

access will be posted when available at 

http://www.phmsa.dot.gov/regs/ 

international. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Duane Pfund, Director, Office of 

International Standards or Mr. Shane 

Kelley, International Transportation 

Specialist, Office of Hazardous 

Materials Safety, Department of 

Transportation, Washington, DC 20590; 

(202) 366–0656. 

SUPPLEMENTARY INFORMATION: The 

primary purpose of this meeting will be 

to prepare for the 36th session of the 

UNSCOE TDG, which is the second 

meeting of the current 2009–2010 

biennium. The UNSCOE will consider 

proposals for the 17th Revised Edition 

of the United Nations Recommendations 

on the Transport of Dangerous Goods 

Model Regulations which will come 

into force in the international 

regulations beginning January 1, 2013. 

Topics on the agenda for the UNSCOE 

TDG meeting include: 

• Explosives and related matters. 

• Listing, classification and packing. 

• Electric storage systems. 

• Miscellaneous proposals of 

amendments to the Model Regulations 

on the Transport of Dangerous Goods. 

• Electronic data interchange (EDI) 

for documentation purposes. 

• Cooperation with the International 

Atomic Energy Agency (IAEA). 

• Global harmonization of transport 

of dangerous goods regulations with the 

Model Regulations. 

• Guiding principles for the Model 

Regulations. 

• Issues relating to the Globally 

Harmonized System of Classification 

and Labelling of Chemicals (GHS). 

In addition, PHMSA is soliciting 

comments on how to further enhance 

harmonization for international 

transport of hazardous materials. 

PHMSA has finalized a broad 

international strategic plan and 

welcomes input on items which 

stakeholders believe should be included 

as specific initiatives within this plan. 

PHMSA’s Office of International 

Standards Strategic Plan can be 

accessed at: http://www.phmsa.dot.gov/ 

hazmat/regs/international. 

The public is invited to attend 

without prior notification. Due to the 

heightened security measures 

participants are encouraged to arrive 

early to allow time for security checks 

necessary to obtain access to the 

building. Following the 36th session of 

the UNSCOE TDG, PHMSA will place a 

copy of the Sub-Committee’s report and 

a summary of the results on PHMSA’s 

Hazardous Materials Safety Homepage 

at http://www.phmsa.dot.gov/hazmat/ 

regs/international. 

Documents 

Copies of documents for the UNSCOE 

TDG meeting and the meeting agenda 

may be obtained by downloading them 

from the United Nations Transport 

Division’s Web site at: http:// 

www.unece.org/trans/main/dgdb/ 

dgsubc/c32009.html. PHMSA’s site at 

http://www.phmsa.dot.gov/hazmat/ 

regs/international also provides 

additional information regarding the 

UNSCOE TDG and related matters such 

as summaries of decisions taken at 

previous sessions of the UNSCOE TDG. 

Dr. Magdy El-Sibaie, 

Acting Deputy Associate Administrator for 

Hazardous Materials Safety. 

[FR Doc. E9–24891 Filed 10–16–09; 8:45 am] 

BILLING CODE 4910–60–M 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

Aviation Rulemaking Advisory 

Committee—New Task 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of new task assignment 

for the Aviation Rulemaking Advisory 

Committee (ARAC)—Aviation 

Rulemaking Advisory Committee 

Process Improvement. 

SUMMARY: The FAA assigned the 

Aviation Rulemaking Advisory 

Committee (ARAC) a new task to 

provide advice and recommendations to 

the FAA about the current ARAC 

process. This notice informs the public 

of the new ARAC activity. 

FOR FURTHER INFORMATION CONTACT: 

Pamela Hamilton, Office of Rulemaking, 

Federal Aviation Administration, 800 

Independence Avenue, SW., 

Washington, DC 20591; telephone: 202– 

267–8742, facsimile: 202–267–5075; email pam.hamilton@faa.gov. 

SUPPLEMENTARY INFORMATION: 

Background 

The Secretary of Transportation 

determined the formation and use of an 

advisory committee to serve as a forum 

for the FAA to get input from outside 

the Federal Government on major 

regulatory issues facing the agency. As 

a result, the FAA established ARAC. 

ARAC is a formal standing advisory 

committee made up of representatives 

from aviation associations, aviation 

industry, public interest groups, 


sroberts on DSKD5P82C1PROD with NOTICES