Agency to take comments on port rule

Jill Dunn | December 03, 2010

The Federal Motor Carrier Safety Administration has been asked to determine if federal law preempts the Port Authority of New York and New Jersey from requiring trucks to have the port’s registry stickers before entering.

In a Notice of Petition for Determination, to be published in the Dec. 3 Federal Register, the agency said it would accept comment on the matter until Jan. 3 and reply comments until Jan. 18.

The port authority stipulated trucks entering its facilities display stickers indicating compliance with its new Drayage Truck Registry. The New Jersey Motor Truck Association asked the Secretary of Transportation if federal law preempted this rule.

The port then amended its tariff to clarify the stickers are voluntary and trucks would not be denied access for lacking stickers, effective Oct. 15.

But the association said it would not be voluntary and broadened its request to ask DOT determine if substantive DTR provisions are preempted by federal law.

The 2005 omnibus transportation funding authorization prohibits states from requiring motor carriers to display identification, unless required by the Secretary of Transportation. However, if determined appropriate, the secretary may make an exception to this.

The port’s Clean Truck Program requires DTR registration and phases out the most polluting trucks first, beginning Jan. 1.

Comments, which must include the Docket Number FMCSA−2010−0387, may be submitted the following ways:

• Online at www.regulations.gov.
• Fax: (202) 493–2251.
• Mail: Docket Management Facility; U.S. Department of Transportation, Room
W12–140, 1200 New Jersey Avenue, SE, Washington, DC, 20590–0000.

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