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


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

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 
[email protected]. 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