Identification of Interstate Motor Vehicles: City of Chicago, IL Registration Emblem Requirement; Petition for Determination

Raymond P. Martinez
Federal Motor Carrier Safety Administration
3 September 2019

[Federal Register Volume 84, Number 170 (Tuesday, September 3, 2019)]
[Notices]
[Pages 46085-46086]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-18983]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

 [Docket No. FMCSA-2012-0086]


Identification of Interstate Motor Vehicles: City of Chicago, IL 
Registration Emblem Requirement; Petition for Determination

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

ACTION: Re-opening of comment period.

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SUMMARY: In January 2012, Allerton Charter Coach, Inc. (Allerton) 
submitted a petition requesting that FMCSA determine that the Chicago 
Ground Transportation Tax registration emblem display requirement is 
preempted by Federal law. In March 2012, FMCSA published a notice of 
Allerton's petition for determination and requested comments. The 
Agency received five comments in response to the March 2012 notice. Due 
to the passage of time, and to ensure that all interested parties have 
an opportunity to provide comments or new information, the Agency re-
opens the comment period for 30 days.

DATES: Comments must be received on or before October 3, 2019.

ADDRESSES: You may submit comments identified by Docket Number FMCSA-
2012-0086 using any of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the online instructions for submitting comments.
     Mail: Docket Management Facility, U.S. Department of 
Transportation, 1200 New Jersey Avenue SE, West Building, Ground Floor, 
Room W12-140, Washington, DC 20590-0001.
     Hand Delivery or Courier: West Building, Ground Floor, 
Room W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590, between 
9 a.m. and 5 p.m. ET, Monday through Friday, except Federal holidays.
     Fax: (202) 493-2251.
    To avoid duplication, please use only one of these four methods. 
See the ``Public Participation and Request for Comments'' portion of 
the SUPPLEMENTARY INFORMATION section for instructions on submitting 
comments.

FOR FURTHER INFORMATION CONTACT: C. Kim McCarthy, Office of the Chief 
Counsel, Federal Motor Carrier Safety Administration, 1200 New Jersey 
Avenue SE, Washington, DC 20590-0001; by email at 
carolyn.mccarthy@dot.gov, or by telephone at (202) 366-9307. If you 
have questions on viewing or submitting material to the docket, contact 
Docket Services, telephone (202) 366-9826.

SUPPLEMENTARY INFORMATION:

I. Public Participation and Request for Comments

A. Submitting Comments

    If you submit a comment, please include the docket number for this 
Notice (FMCSA-2012-0086), indicate the specific section of the document 
to which each comment applies, and provide a reason for each suggestion 
or recommendation. You may submit your comments and material online or 
by fax, mail, or hand delivery, but please use only one of these means. 
FMCSA recommends that you include your name and a mailing address, an 
email address, or a telephone number in the body of your document so 
that FMCSA can contact you if there are questions regarding your 
submission.
    To submit your comment online, go to http://www.regulations.gov, 
put the docket number, FMCSA-2012-0086, in the keyword box, and click 
``Search.'' When the new screen appears, click on the ``Comment Now!'' 
button and type your comment into the text box on the following screen. 
Choose whether you are submitting your comment as an individual or on 
behalf of a third party and then submit.
    If you submit your comments by mail or hand delivery, submit them 
in an unbound format, no larger than 8\1/2\ by 11 inches, suitable for 
copying and electronic filing. If you submit comments by mail and would 
like to know that they reached the facility, please enclose a stamped, 
self-addressed postcard or envelope.
    FMCSA seeks comment on whether the emblem display requirement 
described below is preempted or whether it qualifies for an exception. 
If you previously submitted comments in response to the Agency's March 
2012 Notice, it is not necessary to resubmit your comments, unless you 
have new information to provide. The Agency will consider all comments 
and material received during the comment period.

B. Viewing Comments and Documents

    To view comments, as well as any documents mentioned in this 
preamble as being available in the docket, go to http://www.regulations.gov. Insert the docket number, FMCSA-2012-0086, in the 
keyword box, and click ``Search.'' Next, click the ``Open Docket 
Folder'' button and choose the document to review. If you do not have 
access to the internet, you may view the docket online by visiting the 
Docket Management Facility in Room W12-140

[[Page 46086]]

on the ground floor of the DOT West Building, 1200 New Jersey Avenue 
SE, Washington, DC 20590, between 9 a.m. and 5 p.m. ET, Monday through 
Friday, except Federal holidays.

C. Privacy Act

    DOT solicits comments from the public to better inform its 
decisionmaking processes. DOT posts these comments, without edit, 
including any personal information the commenter provides, to 
www.regulations.gov, as described in the system of records notice (DOT/
ALL-14 FDMS), which can be reviewed at www.transportation.gov/privacy.

II. Background

    On January 20, 2012, Allerton submitted a petition for 
determination that the Chicago Ground Transportation Tax (the Tax) 
registration emblem display requirement, which applies to interstate 
motor passenger carriers within FMCSA's jurisdiction, is preempted by 
49 U.S.C. 14506(a). Section 14506(a) prohibits States from requiring 
interstate motor carriers to display in or on specified commercial 
motor vehicles (CMVs) any form of identification other than forms 
required by the Secretary of Transportation, with certain exceptions. 
On March 23, 2012, FMCSA published a Notice of Allerton's petition, 
requesting comment on whether the registration emblem display 
requirement is preempted by 49 U.S.C. 14506(a) or whether any exception 
set forth in section 14506(b) applies (77 FR 17105). On May 18, 2012, 
the City of Chicago (Chicago) submitted its response to Allerton's 
petition. Chicago opposed the petition, arguing that Allerton did not 
demonstrate a ``live dispute'' regarding the emblem display requirement 
and, further, that the emblem display requirement falls within the 
exceptions identified in 49 U.S.C. 14506(b)(2) and (3). The statutory 
exceptions cited by Chicago are, respectively, credentials required 
under the International Fuel Tax Agreement or applicable State law (49 
U.S.C. 14506(b)(2)) and a State law regarding motor vehicle license 
plates ``or other displays that the Secretary determines are 
appropriate'' (49 U.S.C. 14506(b)(3)). Allerton's petition and 
Chicago's response are available in the docket for this Notice.
    The Tax requires providers of passenger ground transportation 
within the City of Chicago to register their vehicles and pay a 
graduated fee that varies according to the seating capacity of each 
vehicle registered (Chicago Mun. Code ch. 3-46). The Tax applies to all 
for-hire vehicles used to pick up, drop off, or both pick up and drop 
off passengers within the city (Chicago Mun. Code Sec.  3-46-020(H)). 
The Tax applies regardless of whether the vehicle is registered or 
titled within the State of Illinois. Id.
    Vehicles subject to the Tax must display an emblem on the 
windshield as evidence of registration and payment (Chicago Mun. Code 
Sec.  3-46-073(A)). Vehicles failing to display the emblem are 
prohibited from operating within the city and are subject to seizure 
and impoundment at the vehicle owner's expense, as well as an 
administrative penalty of $500. Id.
    As noted above, Federal law, codified at 49 U.S.C. 14506(a), 
prohibits States from requiring interstate motor carriers to display in 
or on CMVs any form of identification other than forms required by the 
Secretary of Transportation. However, section 14506(b) states that a 
State may continue to require display of credentials required (1) under 
the International Registration Plan under section 31704; (2) under the 
International Fuel Tax Agreement (IFTA) or under an applicable State 
law if, on October 1, 2006, the State has a form of highway use 
taxation not subject to collection through IFTA; (3) under a State law 
regarding requiring 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; or (5) in connection with Federal vehicle inspection 
standards under section 31136.
    In accordance with a previous decision, FMCSA interprets all the 
exceptions in section 14506(b) to apply to political subdivisions of 
States, including municipalities. See Identification of Interstate 
Motor Vehicles: New York City, Cook County, and New Jersey 
Identification Requirements; Petition for Determination, 75 FR 64779 
(Oct. 20, 2010). Authority granted to the Secretary under section 14506 
has been delegated to the FMCSA Administrator by 49 CFR 1.87(a)(7).
    On July 2, 2019, the American Bus Association (ABA) requested that 
the Agency re-publish the petition to allow an opportunity for any 
additional public comments on the matter, and that FMCSA issue a 
determination as soon as practicable thereafter. The ABA also noted 
that, although Allerton recently ceased operations, a number of ABA 
members currently operating in Chicago remain subject to the decal 
requirement and the associated penalties for non-compliance.\1\
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    \1\ The July 2, 2019 letter from ABA to FMCSA Administrator Ray 
Martinez is available in Docket No. FMCSA-2012-0086, accessible 
through https://www.regulations.gov.
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III. Comments Requested

    As explained above, considering the passage of time since the 
publication of the Notice, FMCSA is re-opening the comment period on 
Allerton's petition. The Agency specifically seeks comment on whether 
the City of Chicago's registration emblem display requirement is 
preempted by 49 U.S.C. 14506(a) or whether it qualifies under any of 
the five exceptions set forth in 49 U.S.C. 14506(b) and listed above. 
As stated in the March 23, 2012, Notice, FMCSA believes that section 
14506(b)(3) is the only exception that could potentially apply to the 
Tax and therefore seeks comment specifically on whether the Agency 
should approve the registration emblem display requirement under that 
exception. The Agency requests that comments be limited to these 
issues, and encourages the submission of data or legal authorities 
supporting the commenter's position. Parties who commented in response 
to the Agency's March 23, 2012, Notice and have no further or updated 
information to add need not resubmit their comments. FMCSA may issue a 
determination on the petition at any time after the close of the 
comment period.

    Issued on: August 27, 2019.
Raymond P. Martinez,
Administrator.
[FR Doc. 2019-18983 Filed 8-30-19; 8:45 am]
 BILLING CODE 4910-EX-P