Identification of Interstate Motor Vehicles: The Port Authority of New York and New Jersey's Drayage Truck Registry Sticker Display Requirements; Petition for Determination, 75540-75542 [2010-30315]

Download as PDF 75540 Federal Register / Vol. 75, No. 232 / Friday, December 3, 2010 / Notices training to operate Longer Combination Vehicles (LCVs) safely on the Nation’s highways. Motor carriers are required to maintain a copy of the training certification in each LCV driver’s qualification file, which may be reviewed by Federal or State enforcement officials. This ICR is being revised due to an anticipated increase in the estimated number of LCV drivers submitting training certificates to employers resulting in a change to the estimated information collection burden for this training task. On September 9, 2010, FMCSA published a Federal Register notice allowing for a 60-day comment period on the ICR. No comment was received. DATES: Please send your comments by January 3, 2011. OMB must receive your comments by this date in order to act quickly on the ICR. ADDRESSES: All comments should reference Federal Docket Management System (FDMS) Docket Number FMCSA–2010–0380. Interested persons are invited to submit written comments on the proposed information collection to the Office of Information and Regulatory Affairs, Office of Management and Budget. Comments should be addressed to the attention of the Desk Officer, Department of Transportation/Federal Motor Carrier Safety Administration, and sent via electronic mail to oira_submission@omb.eop.gov, or faxed to (202) 395–6974, or mailed to the Office of Information and Regulatory Affairs, Office of Management and Budget, Docket Library, Room 10102, 725 17th Street, NW., Washington, DC 20503. Mr. Thomas Yager, Chief, Driver and Carrier Operations Division, Department of Transportation, Federal Motor Carrier Safety Administration, West Building 6th Floor, 1200 New Jersey Avenue, SE., Washington, DC 20590. Telephone: 202–366–4325; e-mail tom.yager@dot.gov. FOR FURTHER INFORMATION CONTACT: mstockstill on DSKH9S0YB1PROD with NOTICES SUPPLEMENTARY INFORMATION: Title: Training Certification for Drivers of Longer Combination Vehicles. OMB Control Number: 2126–0026. Type of Request: Revision of a currently-approved information collection. Respondents: Drivers who complete LCV training each year, current LCV drivers who submit the LCV DriverTraining Certificate to a prospective employer, and motor carriers receiving and filing the certificates. Estimated Number of Respondents: 31,500 drivers and motor carriers (700 VerDate Mar<15>2010 16:09 Dec 02, 2010 Jkt 223001 new LCV drivers plus 15,050 current LCV drivers plus 15,750 motor carriers). Estimated Number of Responses: 31,500 (700 new LCV drivers plus 15,050 current LCV drivers plus 15,750 motor carriers). Estimated Time per Response: 10 minutes for preparation of LCV DriverTraining Certificate and an additional 10 minutes for the use of the LCV Driver-Training Certificate during the hiring process each year. Expiration Date: February 28, 2011. Frequency of Response: At various times during the year. Estimated Total Annual Burden: 2,742 hours. The total number of drivers per year for whom this activity will occur consists of newly-trained LCV drivers (700) and current LCV drivers changing employers (15,050), a total of 15,750 drivers. The total annual information collection burden is estimated to be 2,742 hours: Preparation of LCV Driver-Training Certificate [700 newly trained LCV drivers × 10 minutes ÷ 60 minutes], and use of the certificate during the hiring process [15,750 total LCV drivers × 10 minutes ÷ 60 minutes]. Background: Section 4007(b) of the Motor Carrier Act of 1991 (Title IV of the Intermodal Surface Transportation Efficiency Act of 1991 (ISTEA), Public Law 102–240, 105 Stat. 1914, 2152; 49 U.S.C. 31307) requires the Secretary of Transportation to establish Federal minimum training requirements for drivers of LCVs. The responsibility for implementing the statutory requirement was subsequently delegated to FMCSA (49 CFR 1.73). The FMCSA, in a final rule entitled, ‘‘Minimum Training Requirements for Longer Combination Vehicle (LCV) Operators and LCV Driver-Instructor Requirements’’ adopted implementing regulations for minimum training requirements for the operators of LCVs (March 30, 2004; 69 FR 16722). The 2004 final rule created an information collection burden concerning the certification of new, current and non-grandfathered LCV drivers. An LCV is any combination of a truck-tractor and two or more semitrailers or trailers, which operates on the National System of Interstate and Defense Highways (as defined in 23 CFR 470.107) and has a gross vehicle weight greater than 80,000 pounds. The purpose of this rule is to enhance the safety of LCV operations on our nation’s highways. By regulation, motor carriers cannot allow a driver to operate an LCV without ensuring that the driver has been properly trained in accordance with the requirements of 49 CFR 380.113. LCV drivers must present their PO 00000 Frm 00090 Fmt 4703 Sfmt 4703 LCV Driver-Training Certificate to prospective employers as proof of qualification to drive LCVs. Motor carriers must maintain a copy of the LCV Training Certificate in order to be able to show Federal, State or local officials that drivers operating LCVs are certified to do so. Definitions: The LCV training regulations under 49 CFR part 380 are applicable only to drivers of ‘‘longer combination vehicles,’’ defined as ‘‘any combination of a truck-tractor and two or more trailers or semi-trailers, which operate[s] on the National System of Interstate and Defense Highways (defined in 23 CFR 470.107) with a gross vehicle weight greater than 80,000 pounds’’ (49 CFR 380.105). 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 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: November 23, 2010. Kelly Leone, Associate Administrator, Research and Information Technology. [FR Doc. 2010–30382 Filed 12–2–10; 8:45 am] BILLING CODE 4910–EX–P 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 Federal Motor Carrier Safety Administration, Department of Transportation. ACTION: Notice of petition for determination; request for comments. AGENCY: 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 SUMMARY: E:\FR\FM\03DEN1.SGM 03DEN1 mstockstill on DSKH9S0YB1PROD with NOTICES Federal Register / Vol. 75, No. 232 / Friday, December 3, 2010 / Notices (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:// VerDate Mar<15>2010 16:09 Dec 02, 2010 Jkt 223001 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 PO 00000 Frm 00091 Fmt 4703 Sfmt 4703 75541 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, E:\FR\FM\03DEN1.SGM 03DEN1 75542 Federal Register / Vol. 75, No. 232 / Friday, December 3, 2010 / Notices 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] mstockstill on DSKH9S0YB1PROD with NOTICES BILLING CODE 4910–EX–P DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA–2000–7165; FMCSA– 2000–8398; FMCSA–2004–17984; FMCSA– 2004–18885; FMCSA–2008–0266] Qualification of Drivers; Exemption Renewals; Vision Federal Motor Carrier Safety Administration (FMCSA), DOT. ACTION: Notice of final disposition. AGENCY: FMCSA previously announced its decision to renew the exemptions from the vision requirement in the Federal Motor Carrier Safety Regulations for 21 individuals. FMCSA has statutory authority to exempt individuals from the vision requirement if the exemptions granted will not compromise safety. The Agency has concluded that granting these exemptions will provide a level of safety that will be equivalent to, or greater than, the level of safety maintained, Director, Medical Programs, (202) 366– 4001, fmcsamedical@dot.gov, FMCSA, without the exemptions for these commercial motor vehicle (CMV) drivers. FOR FURTHER INFORMATION CONTACT: Dr. Mary D. Gunnels Department of Transportation, 1200 New Jersey Avenue, SE., Room W64–224, Washington, DC 20590–0001. Office hours are from 8:30 a.m. to 5 p.m. Monday through Friday, except Federal holidays. SUPPLEMENTARY INFORMATION: SUMMARY: Background Under 49 U.S.C. 31136(e) and 31315, FMCSA may grant an exemption for a 2year period if it finds ‘‘such exemption would likely achieve a level of safety that is equivalent to, or greater than, the level that would be achieved absent such exemption.’’ The statute also allows the Agency to renew exemptions at the end of the 2-year period. The comment period ended on October 27, 2010 (75 FR 59327). Discussion of Comments FMCSA received no comments in this proceeding. Conclusion The Agency has not received any adverse evidence on any of these drivers that indicates that safety is being compromised. Based upon its evaluation of the 21 renewal applications, FMCSA renews the Federal vision exemptions for Paul G. Albrecht, Elijah A. Allen, Jr., David W. VerDate Mar<15>2010 16:09 Dec 02, 2010 Jkt 223001 PO 00000 Frm 00092 Fmt 4703 Sfmt 4703 Brown, Monty G. Calderon, Awilda S. Colon, David M. Hagadorn, Zane G. Harvey, Jr., Jeffrey M. Keyser, Donnie A. Kildow, Daniel A. McNabb, David G. Meyers, Thomas L. Oglesby, Michael J. Paul, Russell A. Payne, Rodney M. Pegg, Raymond E. Peterson, Zbigniew P. Pietranik, John C. Rodriguez, Terrance L. Trautman, Charles E. Wood, and Joseph F. Wood. In accordance with 49 U.S.C. 31136(e) and 31315, each renewal exemption will be valid for 2 years unless revoked earlier by FMCSA. The exemption will be revoked if: (1) The person fails to comply with the terms and conditions of the exemption; (2) the exemption has resulted in a lower level of safety than was maintained before it was granted; or (3) continuation of the exemption would not be consistent with the goals and objectives of 49 U.S.C. 31136 and 31315. Issued on: November 20, 2010. Larry W. Minor, Associate Administrator, Office of Policy. [FR Doc. 2010–30384 Filed 12–2–10; 8:45 am] BILLING CODE 4910–EX–P DEPARTMENT OF TRANSPORTATION Federal Railroad Administration Petition for Waiver of Compliance In accordance with Part 211 of Title 49 Code of Federal Regulations (CFR), notice is hereby given that the Federal Railroad Administration (FRA) has received a request for a waiver of compliance from certain requirements of its safety standards. The individual petition is described below, including the party seeking relief, the regulatory provisions involved, the nature of the relief being requested, and the petitioner’s arguments in favor of relief. Albany Port Railroad Corporation [Waiver Petition Docket Number FRA–2010– 0164] The Albany Port Railroad (APRR) and the United Transportation Union (UTU) (together referred to as ‘‘Petitioners’’) jointly seek a waiver from compliance of a certain provision of the Federal Hours of Service Laws (49 U.S.C. Chapter 211; HSL). Specifically, APRR and UTU request relief from 49 U.S.C. 21103(a)(4), which states that a train employee may not be required, or allowed to remain, or go on duty after that employee has initiated an on-duty period each day for 6 consecutive days unless that employee has had at least 48 consecutive hours off-duty at the employee’s home terminal. In support of the request for relief, the petitioners explain that UTU is the sole E:\FR\FM\03DEN1.SGM 03DEN1

Agencies

[Federal Register Volume 75, Number 232 (Friday, December 3, 2010)]
[Notices]
[Pages 75540-75542]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-30315]


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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.

-----------------------------------------------------------------------

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]
BILLING CODE 4910-EX-P