Identification of Interstate Motor Vehicles: City of Chicago, IL Registration Emblem Requirement; Petition for Determination, 17105-17107 [2012-7124]

Download as PDF Federal Register / Vol. 77, No. 57 / Friday, March 23, 2012 / Notices control initiatives. Attendance is open to the interested public, but will be limited to the space available. Please note the following special security requirements for access to the Pragmatics, Inc. Corporation Headquarters. A picture I.D. is required of all US citizens. All foreign national participants are required to have a passport. Additionally, not later than April 10, 2012, foreign national attendees must provide their name, country of citizenship, company/ organization representing, and country of the company/organization. Send the information to: John Banks, Innovative Solutions International, FAA, Flight Procedures Standards Branch, AFS–420, 6500 South MacArthur Blvd., P.O. Box 25082, Oklahoma City, OK, or via Email (preferred) to: john.ctr.banks@faa.gov. Foreign nationals who do not provide the required information will not be allowed entrance—NO EXCEPTIONS. The public must make arrangements by April 6, 2012, to present oral statements at the meeting. The public may present written statements and/or new agenda items to the committee by providing a copy to the person listed in the FOR FURTHER INFORMATION section not later than April 6, 2012. Public statements will only be considered if time permits. Issued in Washington, DC, on March 19, 2012. Valerie S. Watson, Co-Chair, Aeronautical Charting Forum. [FR Doc. 2012–7058 Filed 3–22–12; 8:45 am] BILLING CODE 4910–13–P DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA–2008–0078] Commercial Driver’s License (CDL) Standards; Rotel North American Tours, LLC; Application for Renewal of Exemption; Correction Federal Motor Carrier Safety Administration (FMCSA), DOT. ACTION: Notice; correction. AGENCY: FMCSA corrects two notices published in the Federal Register on January 31, 2012, and June 14, 2010. In each instance, FMCSA announced in error that 22 named drivers being renewed for an exemption were employed by Rotel North American Tours, LLC. This notice corrects the error and provides the correct name of the employer for these drivers, Rotel Tours of Germany. srobinson on DSK4SPTVN1PROD with NOTICES SUMMARY: VerDate Mar<15>2010 17:14 Mar 22, 2012 Jkt 226001 Ms. Pearlie Robinson, FMCSA Driver and Carrier Operations Division, Office of Bus and Truck Standards and Operations, Telephone: 202–366–4325. Email: MCPSD@dot.gov. SUPPLEMENTARY INFORMATION: FMCSA published a notice and request for comments in the Federal Register on January 31, 2012 (77 FR 4881), and June 14, 2010 (75 FR 33661), announcing that Rotel North American Tours, LLC (Rotel) had applied for renewal of its current exemption permitting 22 named drivers, employed by Rotel, possessing German CDLs, to operate commercial motor vehicles (CMVs) in the United States without a CDL issued by one of the States. The 22 drivers named are actually employed by Rotel Tours of Germany (currently, Rotel Tours, Das Rollende Hotel, through Georg Hoeltl GmBh & Co.Kg, Tittling, or George Hoeltl GmbH, Tittling), of which Rotel North American Tours, LLC, is an affiliate and not the employer. The driver-employees of Rotel Tours of Germany are utilized by Rotel North American Tours, LLC, which conducts international tours. For FMCSA’s notice of application for renewal of exemption published on January 31, 2012 (77 FR 4881), the following correction is made: On page 4881, in the third column, Summary section, we correct the first sentence ‘‘FMCSA announces that Rotel North American Tours, LLC (Rotel), has applied for renewal of its current exemption permitting 22 named drivers, employed by Rotel and possessing German CDLs, to operate commercial motor vehicles (CMVs) in the United States without a CDL issued by one of the States,’’ to read ‘‘FMCSA announces that Rotel North American Tours, LLC (Rotel), has applied for renewal of its current exemption permitting 22 named drivers, employed by Rotel Tours of Germany (currently, Rotel Tours, Das Rollende Hotel, through Georg Hoeltl GmBh & Co.Kg, Tittling, or George Hoeltl GmbH, Tittling) and possessing German CDLs, to operate commercial motor vehicles (CMVs) in the United States without a CDL issued by one of the States.’’ For FMCSA’s notice of application for renewal of exemption published on June 14, 2010 (FR 75 33661), the following correction is made: On page 33661, in the first column, Summary section, we correct the first sentence ‘‘FMCSA announces that Rotel North American Tours, LLC (Rotel), has applied for renewal of its current exemption permitting 22 named drivers, employed by Rotel and possessing FOR FURTHER INFORMATION CONTACT: PO 00000 Frm 00105 Fmt 4703 Sfmt 4703 17105 German CDLs, to operate commercial motor vehicles (CMVs) in the United States without a CDL issued by one of the States,’’ to read ‘‘FMCSA announces that Rotel North American Tours, LLC (Rotel), has applied for renewal of its current exemption permitting 22 named drivers, employed by Rotel Tours of Germany (currently, Rotel Tours, Das Rollende Hotel, through Georg Hoeltl GmBh & Co.Kg, Tittling, or George Hoeltl GmbH, Tittling) and possessing German CDLs, to operate commercial motor vehicles (CMVs) in the United States without a CDL issued by one of the States.’’ Issued on: March 13, 2012. Larry W. Minor, Associate Administrator for Policy. [FR Doc. 2012–7123 Filed 3–22–12; 8:45 am] BILLING CODE 4910–EX–P 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 Federal Motor Carrier Safety Administration (FMCSA), Department of Transportation (DOT). ACTION: Notice of Petition for Determination; Request for Comments. AGENCY: FMCSA invites all interested persons to comment on a petition submitted by Allerton Charter Coach, Inc. (Allerton) requesting a determination that the Commercial Motor Vehicle (CMV) identification requirement imposed by the Chicago Ground Transportation Tax is preempted by Federal law. Federal law 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 requirement described below is preempted or whether it qualifies for an exception. DATES: Comments are due on or before May 22, 2012. 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 SUMMARY: E:\FR\FM\23MRN1.SGM 23MRN1 srobinson on DSK4SPTVN1PROD with NOTICES 17106 Federal Register / Vol. 77, No. 57 / Friday, March 23, 2012 / Notices 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 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 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. VerDate Mar<15>2010 17:14 Mar 22, 2012 Jkt 226001 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; email Genevieve.Sapir@dot.gov. If you have questions on viewing the docket, call Renee V. Wright, Program Manager, Docket Operations, telephone 202–366– 9826. SUPPLEMENTARY INFORMATION: Background On January 20, Allerton submitted a petition requesting that FMCSA determine that the Chicago Ground Transportation Tax’s (the Tax) registration emblem display requirement, which applies to interstate passenger motor carriers under FMCSA’s jurisdiction, is preempted by 49 U.S.C. 14506. On February 9, the City of Chicago responded to the petition, stating that it would file public comments in response to 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 § 3–46–020(H). These vehicles include, but are not limited to: Water taxis, horse-drawn carriages and taxicabs, and all automobiles, limousines, buses and other vehicles used to provide passenger transportation for a charge. Chicago Mun. Code § 3–46–020(D). The Tax applies regardless of whether the vehicle in question is registered or titled with the State of Illinois. Id. To prevent multiple taxation, most providers of forhire passenger transportation who are required to pay a similar tax in another municipality may claim a credit by the amount paid to the other municipality. Chicago Mun. Code § 3–46–030(C)(1). Vehicles subject to the Tax must display an emblem on the windshield as evidence of registration and payment. Chicago Mun. Code § 3–46–073(A), (B). Vehicles that do not 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.; Chicago Mun. Code § 3–46–076(A). 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 PO 00000 Frm 00106 Fmt 4703 Sfmt 4703 Secretary of Transportation (Secretary). Section 14506(b), however, establishes the following exceptions to this prohibition [all statutory references are to title 49, United States Code]: (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; (2) Under the International Fuel Tax Agreement under section 31705 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 the International Fuel Tax Agreement; (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; or (5) In connection with the Federal vehicle inspection standards under section 31136. FMCSA interprets § 14506(b)(3) to establish two categories of excepted 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. 49 U.S.C. 14506(b)(3). In addition, in accordance with a previous decision, FMCSA interprets all of the exceptions at § 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). All authority granted to the Secretary under § 14506 has been delegated to the FMCSA Administrator by 49 CFR 1.73(a)(7). Request for comments FMCSA seeks comment on whether the City of Chicago’s registration emblem display requirement is preempted by Federal law. FMCSA welcomes comments on whether any exception set forth in 49 U.S.C. 14506(b) applies to the Tax, however the Agency believes that § 14506(b)(3) is the only exception that could apply to the Tax. As such, the Agency specifically seeks comment on whether there is any reason FMCSA should consider approving the requirement under § 14506(b)(3). The Agency requests that submissions be limited to these issues and encourages commenters to submit data or legal authorities supporting their positions. FMCSA has no authority to review the imposition, amounts, or collection of any taxes for which the credentials are issued. Allerton’s E:\FR\FM\23MRN1.SGM 23MRN1 Federal Register / Vol. 77, No. 57 / Friday, March 23, 2012 / Notices petition and the City of Chicago’s response are available for inspection in the docket established for this Notice. Issued on: March 20, 2012. William A. Bronrott, Deputy Administrator. [FR Doc. 2012–7124 Filed 3–22–12; 8:45 am] BILLING CODE 4910–EX–P DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA–1999–5578; FMCSA– 1999–5748; FMCSA–1999–6156; FMCSA– 1999–6480; FMCSA–2003–15892; FMCSA– 2003–16564; FMCSA–2005–22194; MCSA– 2005–23099; FMCSA–2005–23238; FMCSA– 2006–23773; FMCSA–2009–0303; FMCSA– 2009–0321] Qualification of Drivers; Exemption Applications; Vision Federal Motor Carrier Safety Administration (FMCSA), DOT. ACTION: Notice of renewal of exemptions; request for comments. AGENCY: FMCSA announces its decision to renew the exemptions from the vision requirement in the Federal Motor Carrier Safety Regulations for 28 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 exemption renewals will provide a level of safety that is equivalent to or greater than the level of safety maintained without the exemptions for these commercial motor vehicle (CMV) drivers. DATES: This decision is effective April 14, 2012. Comments must be received on or before April 23, 2012. ADDRESSES: You may submit comments bearing the Federal Docket Management System (FDMS) numbers: FMCSA– 1999–5578; FMCSA–1999–5748; FMCSA–1999–6156; FMCSA–1999– 6480; FMCSA–2003–15892; FMCSA– 2003–16564; FMCSA–2005–22194; FMCSA–2005–23099; FMCSA–2005– 23238; FMCSA–2006–23773; FMCSA– 2009–0303; FMCSA–2009–0321, using any of the following methods: • Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the on-line 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. srobinson on DSK4SPTVN1PROD with NOTICES SUMMARY: VerDate Mar<15>2010 17:14 Mar 22, 2012 Jkt 226001 • Hand Delivery or Courier: West Building Ground Floor, Room W12–140, 1200 New Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal Holidays. • Fax: 1–202–493–2251. Instructions: Each submission must include the Agency name and the docket number for this notice. Note that DOT posts all comments received without change to http:// www.regulations.gov, including any personal information included in a comment. Please see the Privacy Act heading below. Docket: For access to the docket to read background documents or comments, go to http:// www.regulations.gov at any time or Room W12–140 on the ground level of the West Building, 1200 New Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The Federal Docket Management System (FDMS) is available 24 hours each day, 365 days each year. If you want acknowledgment that we received your comments, please include a selfaddressed, stamped envelope or postcard or print the acknowledgement page that appears after submitting comments on-line. Privacy Act: Anyone may search the electronic form of all comments received into any of our dockets by the name of the individual submitting the comment (or of the person signing the comment, if submitted on behalf of an association, business, labor union, etc.). You may review DOT’s Privacy Act Statement for the FDMS published in the Federal Register on January 17, 2008 (73 FR 3316), or you may visit http://edocket.access.gpo.gov/2008/pdf/ E8–785.pdf. FOR FURTHER INFORMATION CONTACT: Elaine M. Papp, Chief, Medical Programs Division, 202–366–4001, fmcsamedical@dot.gov, FMCSA, 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: Background Under 49 U.S.C. 31136(e) and 31315, FMCSA may renew an exemption from the vision requirements in 49 CFR 391.41(b)(10), which applies to drivers of CMVs in interstate commerce, for a two-year period if it finds ‘‘such exemption would likely achieve a level of safety that is equivalent to or greater PO 00000 Frm 00107 Fmt 4703 Sfmt 4703 17107 than the level that would be achieved absent such exemption.’’ The procedures for requesting an exemption (including renewals) are set out in 49 CFR part 381. Exemption Decision This notice addresses 28 individuals who have requested renewal of their exemptions in accordance with FMCSA procedures. FMCSA has evaluated these 28 applications for renewal on their merits and decided to extend each exemption for a renewable two-year period. They are: Bradley T. Alspach (IL) Scott E. Ames (ME) Otto J. Ammer, Jr. (PA) Nick D. Bacon (KY) Mark A. Baisden (OH) Johnny W. Bradford, Sr. (KY) Levi A. Brown (MT) Charlie F. Cook (GA) Curtis J. Crowston (ND) Clifford H. Dovel (WA) Arthur L. Fields (SC) Rupert G. Gilmore, III (AL) Albert Gschwind (WI) Walter R. Hardiman (WV) Michael W. Jones (IL) Matthew J. Konecki (MT) Paul E. Lindon (KY) Travis J. Luce (MI) Jack D. Miller (OH) Eric M. Moats, Sr. (MD) Robert W. Nicks (NY) Joseph S. Nix, IV (MO) Monte L. Purciful (IN) Luis F. Saavedra (FL) Earl W. Sheets (OH) Robert V. Sloan (NC) Steven L. Valley (ME) Darel G. Wagner (MN) The exemptions are extended subject to the following conditions: (1) That each individual has a physical examination every year (a) by an ophthalmologist or optometrist who attests that the vision in the better eye continues to meet the requirements in 49 CFR 391.41(b)(10), and (b) by a medical examiner who attests that the individual is otherwise physically qualified under 49 CFR 391.41; (2) that each individual provides a copy of the ophthalmologist’s or optometrist’s report to the medical examiner at the time of the annual medical examination; and (3) that each individual provide a copy of the annual medical certification to the employer for retention in the driver’s qualification file and retains a copy of the certification on his/her person while driving for presentation to a duly authorized Federal, State, or local enforcement official. Each exemption will be valid for two years unless rescinded earlier by FMCSA. The exemption will be rescinded E:\FR\FM\23MRN1.SGM 23MRN1

Agencies

[Federal Register Volume 77, Number 57 (Friday, March 23, 2012)]
[Notices]
[Pages 17105-17107]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-7124]


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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), Department 
of Transportation (DOT).

ACTION: Notice of Petition for Determination; Request for Comments.

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

SUMMARY: FMCSA invites all interested persons to comment on a petition 
submitted by Allerton Charter Coach, Inc. (Allerton) requesting a 
determination that the Commercial Motor Vehicle (CMV) identification 
requirement imposed by the Chicago Ground Transportation Tax is 
preempted by Federal law. Federal law 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 requirement described below 
is preempted or whether it qualifies for an exception.

DATES: Comments are due on or before May 22, 2012.

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

[[Page 17106]]

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 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 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; email 
Genevieve.Sapir@dot.gov. If you have questions on viewing the docket, 
call Renee V. Wright, Program Manager, Docket Operations, telephone 
202-366-9826.

SUPPLEMENTARY INFORMATION:

Background

    On January 20, Allerton submitted a petition requesting that FMCSA 
determine that the Chicago Ground Transportation Tax's (the Tax) 
registration emblem display requirement, which applies to interstate 
passenger motor carriers under FMCSA's jurisdiction, is preempted by 49 
U.S.C. 14506. On February 9, the City of Chicago responded to the 
petition, stating that it would file public comments in response to 
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). 
These vehicles include, but are not limited to: Water taxis, horse-
drawn carriages and taxicabs, and all automobiles, limousines, buses 
and other vehicles used to provide passenger transportation for a 
charge. Chicago Mun. Code Sec.  3-46-020(D). The Tax applies regardless 
of whether the vehicle in question is registered or titled with the 
State of Illinois. Id. To prevent multiple taxation, most providers of 
for-hire passenger transportation who are required to pay a similar tax 
in another municipality may claim a credit by the amount paid to the 
other municipality. Chicago Mun. Code Sec.  3-46-030(C)(1).
    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), (B). Vehicles that do not 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.; Chicago Mun. Code Sec.  3-46-
076(A).
    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 (Secretary). Section 14506(b), however, establishes the 
following exceptions to this prohibition [all statutory references are 
to title 49, United States Code]:

    (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;
    (2) Under the International Fuel Tax Agreement under section 
31705 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 the International Fuel Tax Agreement;
    (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; or
    (5) In connection with the Federal vehicle inspection standards 
under section 31136.

    FMCSA interprets Sec.  14506(b)(3) to establish two categories of 
excepted 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. 
49 U.S.C. 14506(b)(3). In addition, in accordance with a previous 
decision, FMCSA interprets all of the exceptions at Sec.  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). All authority granted to 
the Secretary under Sec.  14506 has been delegated to the FMCSA 
Administrator by 49 CFR 1.73(a)(7).

Request for comments

    FMCSA seeks comment on whether the City of Chicago's registration 
emblem display requirement is preempted by Federal law. FMCSA welcomes 
comments on whether any exception set forth in 49 U.S.C. 14506(b) 
applies to the Tax, however the Agency believes that Sec.  14506(b)(3) 
is the only exception that could apply to the Tax. As such, the Agency 
specifically seeks comment on whether there is any reason FMCSA should 
consider approving the requirement under Sec.  14506(b)(3).
    The Agency requests that submissions be limited to these issues and 
encourages commenters to submit data or legal authorities supporting 
their positions. FMCSA has no authority to review the imposition, 
amounts, or collection of any taxes for which the credentials are 
issued. Allerton's

[[Page 17107]]

petition and the City of Chicago's response are available for 
inspection in the docket established for this Notice.

    Issued on: March 20, 2012.
William A. Bronrott,
Deputy Administrator.
[FR Doc. 2012-7124 Filed 3-22-12; 8:45 am]
BILLING CODE 4910-EX-P