Identification of Interstate Motor Vehicles: The Port Authority of New York and New Jersey's Drayage Truck Registry Sticker Display Requirements; Petition for Determination

Anne S. Ferro
Federal Motor Carrier Safety Administration
December 3, 2010

[Federal Register: December 3, 2010 (Volume 75, Number 232)]
[Notices]               
[Page 75540-75542]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr03de10-99]                         

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2010-0387]

 
Identification of Interstate Motor Vehicles: The Port Authority 
of New York and New Jersey's Drayage Truck Registry Sticker Display 
Requirements; Petition for Determination

AGENCY: Federal Motor Carrier Safety Administration, Department of 
Transportation.

ACTION: Notice of petition for determination; request for comments.

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SUMMARY: FMCSA invites all interested persons to comment on a petition 
that the New Jersey Motor Truck Association (NJMTA) submitted 
requesting that FMCSA declare the Port Authority of New York and New 
Jersey's (Port Authority) Drayage Truck Registry

[[Page 75541]]

(DTR) sticker display requirement 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 
commercial motor vehicles (CMVs) any form of identification other than 
forms required by the Secretary of Transportation, with certain 
exceptions. NJMTA requests that FMCSA determine that the Port 
Authority's DTR sticker display requirement is preempted by SAFETEA-LU. 
FMCSA seeks comment on whether the Port Authority's display requirement 
described below is preempted or whether it qualifies for the relevant 
exception codified at 49 U.S.C. 14506(b)(3).

DATES: Initial comments are due on or before January 3, 2011. In order 
to allow adequate time and notice for commenters to prepare reply 
comments, initial comments received after the deadline will not be 
considered. Reply comments are due on or before January 18, 2011. The 
Agency will only consider reply comments responding directly to issues 
raised in the initial round of comments. Commenters may not use reply 
comments to raise new issues.

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. To allow effective public participation before the 
comment deadline, however, 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. Do not submit the 
same comments by more than one method.
     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 this docket. 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 initial 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 not be considered. FMCSA will 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.

SUPPLEMENTARY INFORMATION: 

Background

    Effective October 1, 2010, the Port Authority amended its marine 
tariff (PAMT FMC No. 10) to require trucks entering marine terminal 
facilities to display a sticker showing compliance with its new Drayage 
Truck Registry (DTR). In response, the NJMTA has petitioned the 
Secretary of Transportation (Secretary) for a determination that the 
Port Authority's sticker display requirement is preempted by Federal 
law. Effective October 15, 2010, and in response to the NJMTA's 
petition, the Port Authority amended its tariff to clarify that the 
compliance stickers are a voluntary way to demonstrate compliance with 
the DTR and that no truck will be denied access to marine terminal 
facilities for failure to display a sticker. In a letter to the 
Secretary dated November 2, 2010, the NJMTA disagreed that the 
compliance sticker would be voluntary and amended its petition to 
request the Secretary to determine that the substantive provisions of 
the DTR are preempted under 49 U.S.C. 14501(c). FMCSA will consider the 
NJMTA's request for a preemption determination on the substantive 
provisions of the DTR as a separate matter, but will make its decision 
available in this docket for inspection.
    The NJMTA is a non-profit trade association that represents over 
500 trucking companies with operations in New Jersey. NJMTA states that 
its mission is to foster and promote sound economical and efficient 
service by motor carrier transportation; to promote safety and courtesy 
in highway transportation; to foster and support beneficial laws and 
regulations affecting the motor carrier industry and highway 
transportation; to promote and encourage the construction and 
maintenance of an adequate system of safely engineered highways; to 
foster and promote sound and reasonable taxation at the State and 
Federal levels on highway users; and to engage in any and all 
activities that will advance the interests of highway transportation 
and highway users generally.
    The Port Authority conceives, builds, operates and maintains 
infrastructure critical to the New York/New Jersey region's trade and 
transportation network. These facilities include the New York/New 
Jersey airport system, marine terminals and ports, the PATH rail 
transit system, six tunnels and bridges between New York and New 
Jersey, the Port Authority Bus Terminal in Manhattan, and the World 
Trade Center.
    In an effort to reduce Port-related diesel and greenhouse gas 
emissions, the Port Authority is implementing a truck phase-out plan 
that will deny old drayage trucks access to its marine terminal 
facilities. Under this plan, the Port Authority will deny drayage 
trucks with pre-1994 model year engines access to Port Authority marine 
terminal facilities effective January 1, 2011. Effective January 1, 
2017, the Port Authority will deny drayage trucks equipped with engines 
that fail to meet or exceed 2007 model year Federal heavy-duty, diesel-
fueled, on-road emission standards access to marine terminal 
facilities. In order to implement the truck phase-out plan, the Port 
Authority will require drayage trucks accessing Port Authority marine 
terminal facilities to be registered in the DTR. The Port Authority 
will issue compliance stickers to drayage trucks that are compliant 
with the elements of the phase-out plan to facilitate and expedite 
transit of those trucks onto,

[[Page 75542]]

through and out of marine terminal facilities. As noted above, the Port 
Authority has amended its tariff to clarify that the compliance 
stickers are a voluntary way to demonstrate compliance with the DTR and 
that no truck will be denied access to marine terminal facilities for 
failure to display a sticker.
    Section 4306(a) of SAFETEA-LU, codified at 49 U.S.C. 14506, 
prohibits States from requiring motor carriers to display in or on 
commercial motor vehicles any form of identification other than forms 
required by the Secretary of Transportation. Section 14506(b)(3) 
authorizes the Secretary to make an exception for display requirements 
that he ``determines are appropriate.''
    FMCSA seeks comment on whether the Port Authority's sticker display 
requirement is preempted by Federal law. Specifically, the Agency seeks 
comment on whether the Port Authority's sticker display requirement 
should qualify for the Secretary's exception in 49 U.S.C. 14506(b)(3). 
NJMTA's petition, the Port Authority's October 21, 2010 submission to 
FMCSA in response to the petition, NJMTA's November 2, 2010 amended 
petition and the relevant portions of the Port Authority's October 1 
and October 15, 2010 marine terminal tariffs are available in the 
docket for inspection.

Request for Comments

    FMCSA invites the Port Authority, as well as any other interested 
party, to comment on the limited issue of whether the Port Authority's 
sticker display requirement is preempted by 49 U.S.C. 15406. Interested 
parties are requested to limit their comments to this issue. FMCSA will 
not consider NJMTA's request to preempt substantive provisions of the 
DTR as a part of this docket. FMCSA encourages commenters to submit 
data or legal authorities supporting their positions.

    Issued on: November 19, 2010.
Anne S. Ferro,
Administrator.
[FR Doc. 2010-30315 Filed 12-2-10; 8:45 am]
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