Federal Register / Vol. 75, No. 202 / Wednesday, October 20, 2010 / Notices 64779 

competitiveness, encourage new 

technologies and emerging economic 

sectors, increase the participation of 

small- and medium-sized businesses in 

trade, and support the development of 

efficient production and supply chains 

that include U.S. firms in order to 

encourage firms to invest and produce 

in the United States. The TPSC Chair 

invites comments regarding how 

Malaysia’s participation in the 

negotiations might affect these new 

approaches. The TPSC Chair also invites 

comments on the impact of Malaysia’s 

participation in the negotiations on 

other trade-related priorities in this 

regional agreement, including 

environmental protection and 

conservation, transparency, workers 

rights and protections, development, 

and other issues. 

USTR has already provided notice 

and requested comments on the scope 

for an environmental review of the 

proposed TPP trade agreement (see 75 

FR 14470, March 25, 2010). As 

described above, the present notice 

invites comments on, among other 

topics, environmental issues to be 

addressed in the TPP negotiations to 

take into account Malaysia’s 

participation in the negotiation. Further 

comments are also invited on the 

environmental review, including 

possible changes in the scope or other 

issues that should be addressed in the 

review. At a later date, USTR, through 

the TPSC, will publish notice of reviews 

regarding the impact of the proposed 

agreement on U.S. employment and 

labor markets. These reviews will take 

into account Malaysia’s participation in 

the negotiations. 

A hearing will be held on November 

19, 2010, in Rooms 1, and 2, 1724 F 

Street, NW., Washington, DC. Persons 

wishing to testify at the hearing must 

provide written notification of their 

intention by November 10, 2010. The 

notification should include: (1) The 

name, address, and telephone number of 

the person presenting the testimony; 

and (2) a short (one or two paragraph) 

summary of the presentation, including 

the subject matter and, as applicable, 

the product(s) (with HTSUS numbers), 

service sector(s), or other subjects (such 

as investment, intellectual property 

and/or government procurement) to be 

discussed. A copy of the testimony must 

accompany the notification. Remarks at 

the hearing should be limited to no 

more than five minutes to allow for 

possible questions from the TPSC. 

Persons with mobility impairments who 

will need special assistance in gaining 

access to the hearing should contact the 

TPSC Executive Secretary. 

Interested persons, including persons 

who participate in the hearing, may 

submit written comments by no later 

than noon, Monday, November 22, 

2010. 

3. Requirements for Submissions 

Persons submitting comments must 

do so in English and must identify (on 

the first page of the submission) the 

‘‘Participation of Malaysia in the TransPacific Partnership Trade Negotiations.’’ 

In order to ensure the timely receipt 

and consideration of comments, USTR 

strongly encourages commenters to 

make on-line submissions, using the 

http://www.regulations.gov Web site. 

Comments should be submitted under 

the following docket: USTR–2010–0031. 

To find the docket, enter the docket 

number in the ‘‘Enter Keyword or ID’’ 

window at the http:// 

www.regulations.gov home page and 

click ‘‘Search.’’ The site will provide a 

search-results page listing all documents 

associated with this docket. Find a 

reference to this notice by selecting 

‘‘Notices’’ under ‘‘Document Type’’ on 

the search-results page, and click on the 

link entitled ‘‘Submit a Comment.’’ (For 

further information on using the 

www.regulations.gov Web site, please 

consult the resources provided on the 

Web site by clicking on the ‘‘Help’’ tab.) 

The http://www.regulations.gov Web 

site provides the option of making 

submissions by filling in a comments 

field, or by attaching a document. USTR 

prefers submissions to be provided in an 

attached document. If a document is 

attached, it is sufficient to type ‘‘See 

attached’’ in the ‘‘Type comment & 

Upload File’’ field. USTR prefers 

submissions in Microsoft Word (.doc) or 

Adobe Acrobat (.pdf). If the submission 

is in an application other than those 

two, please indicate the name of the 

application in the ‘‘Comments’’ field. 

For any comments submitted 

electronically containing business 

confidential information, the file name 

of the business confidential version 

should begin with the characters ‘‘BC’’. 

Any page containing business 

confidential information must be clearly 

marked ‘‘BUSINESS CONFIDENTIAL’’ 

on the top of that page. Filers of 

submissions containing business 

confidential information must also 

submit a public version of their 

comments. The file name of the public 

version should begin with the character 

‘‘P’’. The ‘‘BC’’ and ‘‘P’’ should be 

followed by the name of the person or 

entity submitting the comments or reply 

comments. Filers submitting comments 

containing no business confidential 

information should name their file using 

the character ‘‘P’’, followed by the name 

of the person or entity submitting the 

comments. 

Please do not attach separate cover 

letters to electronic submissions; rather, 

include any information that might 

appear in a cover letter in the comments 

themselves. Similarly, to the extent 

possible, please include any exhibits, 

annexes, or other attachments in the 

same file as the submission itself, not as 

separate files. 

USTR strongly urges submitters to file 

comments through regulations.gov, if at 

all possible. Any alternative 

arrangements must be made with Ms. 

Blue in advance of transmitting a 

comment. Ms. Blue should be contacted 

at (202) 395–3475. General information 

concerning USTR is available at http:// 

www.ustr.gov. 

Carmen Suro-Bredie, 

Chair, Trade Policy Staff Committee. 

[FR Doc. 2010–26332 Filed 10–19–10; 8:45 am] 

BILLING CODE 3190–W1–P 

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), DOT. 

ACTION: Notice; Grant of petition for 

determination. 

SUMMARY: The FMCSA grants 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 grants ATA’s requests because 

the three credential display 

requirements do not qualify for the 

relevant statutory exception for State 

display of credentials and are 

preempted by Federal statute. 

DATES: This decision is effective October 

20, 2010. 


emcdonald on DSK2BSOYB1PROD with NOTICES
64780 Federal Register / Vol. 75, No. 202 / Wednesday, October 20, 2010 / Notices 

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, § 11–809, requires 

CMVs used principally in New York 

City or in connection with a business 

carried on within New York 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. 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.’’ 

Section 4306(a) 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. 

Section 14506(b), however, establishes 

several exceptions to this prohibition: 

(b) Exception.—Notwithstanding 

subsection (a), a State may continue to 

require display of credentials that are 

required— 

(1) Under the International Registration 

Plan under section 31704 [of title 49, United 

States Code]; 

(2) Under the International Fuel Tax 

Agreement under section 31705 [of title 49, 

United States Code]; 

(3) Under a State law regarding motor 

vehicle license plates or other displays that 

the Secretary determines are appropriate; 

(4) In connection with Federal 

requirements for hazardous materials 

transportation under section 5103 [of title 49, 

United States Code]; or 

(5) In connection with the Federal vehicle 

inspection standards under section 31136 [of 

title 49, United States Code]. 

The exception relevant to ATA’s 

petitions is § 14506(b)(3), which 

provides 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.’’ The 

Secretary’s authority is delegated to 

FMCSA by 49 CFR 1.73(a)(7). 

ATA’s petitions seeking 

determinations, along with the 

applicable statutes, regulations, and 

ordinances, are available for inspection 

in the docket established for this notice. 

Public Comments 

On October 19, 2009, FMCSA 

published a notice in the Federal 

Register, ‘‘Identification of Interstate 

Motor Vehicles: New York City, Cook 

County and New Jersey Tax 

Identification Requirements; Petition for 

Determination’’ (74 FR 53578), 

requesting public comment on ATA’s 

petitions. In formulating its decision, 

FMCSA considered all of the comments 

received in response to the Agency’s 

notice. 

FMCSA received 11 comments, of 

which 7 were from trade associations, 3 

from motor carriers, and 1 from an 

individual. All commenters supported 

preemption. 

ATA and the Distribution and LTL 

Carriers Association commented that 

the credential display requirements are 

related to revenue raising and that they 

do not fall under any of the § 14506(b) 

exceptions. Con-way Inc. commented 

that the credential display requirements 

are impediments to interstate 

commerce. United Parcel Service, Inc. 

(UPS) commented that, as an interstate 

carrier operating in many States, it finds 

credential display requirements to be 

burdensome. UPS further commented 

that, although the vehicles in its fleet 

may be in compliance with State or 

local tax, fee, or permit requirements, if 

its drivers cannot display the 

appropriate credential on demand, the 

company can nonetheless receive a 

citation. Martin Storage Co. also 

commented that the paperwork 

associated with State and local 

credential display requirements is 

burdensome. The Truckload Carriers 

Association and the Truck Renting and 

Leasing Association commented that the 

credential display requirements are not 

eligible for the § 14506(b)(3) exception 

because they are not related to vehicle 

registration. The National Private Truck 

Council observed that none of the 

affected jurisdictions submitted 

comments to justify the credential 

display requirements. 

In addition, FMCSA received a letter 

from the Office of the State’s Attorney 

of Cook County acknowledging that its 

credential display requirement is 

preempted. This letter is also available 

for review in the docket. 

FMCSA Decision 

New Jersey’s tax credential display 

requirement is a State-mandated form of 

identification preempted by 49 U.S.C. 

14506(a) and does not qualify for the 

exception at § 14506(b)(3). First, it is not 

an identification requirement related to 

motor vehicle license plates. Even 

though the credential itself is in the 

form of a license plate, its purpose does 

not relate to State licensing of vehicles. 

Rather, it appears to identify those 

motor carriers, registered in New Jersey 

or elsewhere, that have paid State taxes 

for hauling, transporting, or delivering 

motor fuel. Second, New Jersey failed to 

articulate any justification for FMCSA to 

exercise its delegated discretion to 

approve the display. 

New York City’s and Cook County’s 

display requirements are also 

preempted by 49 U.S.C. 14506(a) 

because they are identification 

requirements mandated by political 

subdivisions of a State. However, the 

assessment of whether a § 14506(b) 

exception applies to these display 

requirements requires a slightly 

different analysis. The prohibition in 

§ 14506(a) specifically applies to States, 

political subdivisions of States, 

interstate agencies and other political 

agencies of two or more States, whereas 

the exceptions in § 14506(b) apply to 

States without mention of political 

subdivisions or agencies. Consequently, 

the first question the Agency must 

answer is whether a § 14506(b) 

exception can apply to a political 

subdivision of a State. 

Two possible interpretations exist. 

One is that Congress intended for States, 

political subdivisions of States, 

interstate agencies and other political 

agencies of two or more States to be 

subject to the general prohibition on 

display of identification requirements, 

but only intended for States (and not the 

other subdivisions and agencies) to be 

eligible for the exceptions in § 14506(b). 

The second is that Congress intended 

the States, as well as political 

subdivisions and agencies, to be eligible 

for the exceptions and that its omission 

of these other entities from § 14506(b) is 

not evidence of its intent to exclude 

them from being eligible for the 

exception. FMCSA believes that the 

latter is the correct interpretation. 

In City of Columbus v. Ours Garage & 

Wrecker Service, 536 U.S. 424 (2002), 

the Supreme Court considered a 

provision with nearly identical language 

to § 14506 and determined that 

Congress’ exclusion of political 


emcdonald on DSK2BSOYB1PROD with NOTICES
Federal Register / Vol. 75, No. 202 / Wednesday, October 20, 2010 / Notices 64781 

subdivisions in the exception was not a 

sufficiently clear and manifest 

indication of its intent to preempt local 

regulation. In reaching this conclusion, 

the Court made two points that guide 

our analysis and conclusions here. First, 

consistent with existing precedent, a 

political subdivision may exercise 

whatever portion of State power the 

State chooses to delegate under its own 

constitution and laws. Id. at 428. 

Second, if the exception were 

interpreted to apply only to States, 

political subdivisions would be 

preempted from enforcing laws 

legitimately enacted by the State 

pursuant to the exception. The Court 

found it unlikely that Congress would 

preserve State power to enact rules but 

bar routine enforcement through local 

instrumentalities. Id. at 435. 

The Agency concludes that the 

exceptions in § 14506(b) can apply to 

New York City’s and Cook County’s 

credential display requirements, if they 

meet the statutory criteria. The only 

exception relevant to ATA’s petition is 

found in § 14506(b)(3); however, no 

evidence supports the application of 

this exception to New York City’s and 

Cook County’s credential display 

requirements. These display 

requirements are unrelated to State 

vehicle licensing requirements, and 

neither jurisdiction articulated any 

justification for the Agency to exercise 

its delegated discretion to approve the 

display. In fact, the only jurisdiction to 

respond to the Agency, Cook County, 

conceded that its credential display 

requirements are preempted by Federal 

law. 

In consideration of the above, FMCSA 

grants the petitions submitted by ATA. 

New York City, New Jersey, and Cook 

County are preempted from imposing 

and may no longer enforce their 

credential display requirements. 

Issued on: October 4, 2010. 

Anne S. Ferro, 

Administrator. 

[FR Doc. 2010–26202 Filed 10–19–10; 8:45 am] 

BILLING CODE P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

[Summary Notice No. PE–2010–45] 

Petition for Exemption; Summary of 

Petition Received 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of petition for exemption 

received. 

SUMMARY: This notice contains a 

summary of a petition seeking relief 

from specified requirements of 14 CFR 

Part 43. The purpose of this notice is to 

improve the public’s awareness of, and 

participation in, this aspect of FAA’s 

regulatory activities. Neither publication 

of this notice nor the inclusion or 

omission of information in the summary 

is intended to affect the legal status of 

the petition or its final disposition. 

DATES: Comments on this petition must 

identify the petition docket number 

involved and must be received on or 

before November 9, 2010. 

ADDRESSES: You may send comments 

identified by Docket Number FAA– 

2010–0544 using any of the following 

methods: 

• Government-wide rulemaking Web 

site: Go to http://www.regulations.gov 

and follow the instructions for sending 

your comments electronically. 

• Mail: Send comments to the Docket 

Management Facility; U.S. Department 

of Transportation, 1200 New Jersey 

Avenue, SE., West Building Ground 

Floor, Room W12–140, Washington, DC 

20590. 

• Fax: Fax comments to the Docket 

Management Facility at 202–493–2251. 

• Hand Delivery: Bring comments to 

the Docket Management Facility in 

Room W12–140 of the West Building 

Ground Floor at 1200 New Jersey 

Avenue, SE., Washington, DC, between 

9 a.m. and 5 p.m., Monday through 

Friday, except Federal holidays. 

Privacy: We will post all comments 

we receive, without change, to http:// 

www.regulations.gov, including any 

personal information you provide. 

Using the search function of our docket 

Web site, anyone can find and read the 

comments received into any of our 

dockets, including the name of the 

individual sending the comment (or 

signing the comment for an association, 

business, labor union, etc.). You may 

review DOT’s complete Privacy Act 

Statement in the Federal Register 

published on April 11, 2000 (65 FR 

19477–78). 

Docket: To read background 

documents or comments received, go to 

http://www.regulations.gov at any time 

or to the Docket Management Facility in 

Room W12–140 of the West Building 

Ground Floor at 1200 New Jersey 

Avenue, SE., Washington, DC, between 

9 a.m. and 5 p.m., Monday through 

Friday, except Federal holidays. 

FOR FURTHER INFORMATION CONTACT: 

Katherine Haley, Office of Rulemaking, 

ARM–203, Federal Aviation 

Administration, 800 Independence 

Ave., SW., Washington, DC 20591; 

telephone (202) 493–5708, facsimile 

(202) 267–5075; e-mail 

Katherine.L.Haley@faa.gov. 

This notice is published pursuant to 

14 CFR 11.85. 

Issued in Washington, DC, on October 15, 

2010. 

Pamela Hamilton-Powell, 

Director, Office of Rulemaking. 

Petition for Exemption 

Docket No.: FAA–2010–0544. 

Petitioner: Florida Fish and Wildlife 

Conservation Commission. 

Sections of 14 CFR Affected: 

Part 43 and § 91.205(h). 

Description of Relief Sought: 

Florida Fish and Wildlife 

Conservation Commission seeks relief 

for a period of up to 5 years to allow 

sufficient time for it to acquire the 

necessary funding and complete 

modifications to bring its aircraft into 

compliance with the requirements for 

use of Night Vision Goggles. 

[FR Doc. 2010–26346 Filed 10–19–10; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF THE TREASURY 

Office of Foreign Assets Control 

Additional Designations, Foreign 

Narcotics Kingpin Designation Act 

AGENCY: Office of Foreign Assets 

Control, Treasury. 

ACTION: Notice. 

SUMMARY: The Treasury Department’s 

Office of Foreign Assets Control 

(‘‘OFAC’’) is publishing the names of five 

entities whose property and interests in 

property have been blocked pending 

investigation pursuant to the Foreign 

Narcotics Kingpin Designation Act 

(‘‘Kingpin Act’’) (21 U.S.C. 1901–1908, 8 

U.S.C. 1182). 

DATES: The blocking pending 

investigation by the Director of OFAC of 

the five entities identified in this notice 

pursuant to section 806(a)(2) of the 

Kingpin Act is effective on October 13, 

2010. 

FOR FURTHER INFORMATION CONTACT: 

Assistant Director, Compliance 

Outreach & Implementation, Office of 

Foreign Assets Control, Department of 

the Treasury, Washington, DC 20220, 

tel.: 202/622–2490. 

SUPPLEMENTARY INFORMATION: 

Electronic and Facsimile Availability 

This document and additional 

information concerning OFAC are 

available on OFAC’s Web site (http:// 

www.treas.gov/ofac) or via facsimile 

through a 24-hour fax-on-demand 

service, tel.: (202) 622–0077. 


emcdonald on DSK2BSOYB1PROD with NOTICES