Rescission of Quarterly Financial Reporting Requirements |
|---|
|
Anne S. Ferro
Federal Motor Carrier Safety Administration
December 17, 2013
[Federal Register Volume 78, Number 242 (Tuesday, December 17, 2013)]
[Rules and Regulations]
[Pages 76241-76245]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-29936]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
49 CFR Part 369
[Docket No. FMCSA-2012-0020]
RIN-2126-AB69; Formerly RIN 2126-AB48
Rescission of Quarterly Financial Reporting Requirements
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: FMCSA eliminates the quarterly financial reporting
requirements for certain for-hire motor carriers of property (Form QFR)
and for-hire motor carriers of passengers (Form MP-1). This paperwork
burden is removed without an adverse impact on safety or the Agency's
ability to maintain effective commercial regulatory oversight over the
for-hire trucking and passenger-carrying industries. The annual
reporting requirements remain.
DATES: Effective Date: January 16, 2014.
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
email or call Ms. Vivian Oliver, Office of Research and Information
Technology, Federal Motor Carrier Safety Administration, 1200 New
Jersey Ave. SE., Washington, DC 20590; Telephone 202-366-2974; email
Vivian.Oliver@dot.gov.
SUPPLEMENTARY INFORMATION:
Executive Summary
This action is in response to a recommendation received from the
public and in response to Executive Order 13563, ``Improving Regulation
and Regulatory Review,'' which required Agencies, among other things,
to prepare plans for reviewing existing rules.
The rule eliminates the quarterly financial reporting requirements
for certain for-hire motor carriers of property and for-hire motor
carriers of passengers. This paperwork burden can be removed without an
adverse impact on safety or the Agency's ability to maintain effective
commercial regulatory oversight over the for-hire trucking and
passenger-carrying industries.
[[Page 76242]]
FMCSA estimates that eliminating these reporting requirements
reduces the burden to industry by about 200 hours and $9,900 annually.
There is no cost associated with this action. Table ES-1 displays the
average annual net costs and benefits of the rule.
Table ES-1--Estimated Annual Costs and Benefits for Implementing This
Final Rule
[2013 Dollars rounded]
------------------------------------------------------------------------
Annual impact
------------------------------------------------------------------------
Costs................................................... $0
Benefits................................................ 9,900
Net Benefits............................................ 9,900
------------------------------------------------------------------------
Viewing Comments and Documents
To view comments, as well as documents mentioned in this preamble
as being available in the docket, go to http://www.regulations.gov and
insert ``FMCSA-2012-0020'' in the ``Search'' box and then click on
``Search.'' Click on the ``Open Docket Folder'' link and all the
information for the notice, and the list of comments will appear with a
link to each one. Click on the comment you would like to read. If you
do not have access to the Internet, you may also view the docket online
by visiting the Docket Management Facility in Room W12-140 on the
ground floor of the Department of Transportation West Building, 1200
New Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m.
e.t., Monday through Friday, except Federal holidays.
Privacy Act
Anyone can search the electronic form of comments received into any
of our dockets by the name of the individual submitting the comment (or
signing the comment, if submitted on behalf of an association,
business, labor union, etc.). You may review a Privacy Act notice
regarding our public dockets in the January 17, 2008, issue of the
Federal Register (73 FR 3316).
Background
Annual Financial Reporting Requirements
Section 14123 of title 49 of the United States Code (U.S.C.)
requires certain for-hire motor carriers of property, household goods,
and passengers to file annual financial reports. Annual financial
reports are filed on Form M (for-hire property carriers, including
household goods carriers) and Form MP-1 (for-hire passenger carriers).
FMCSA has continued to collect carriers' annual reports and to furnish
copies of the reports requested under the Freedom of Information Act.
These requirements remain in effect. Section 14123(d) requires FMCSA to
streamline and simplify, to the maximum extent practicable,'' any
reporting requirement under this section.
Quarterly Financial Reporting
Section 14123(a)(2) of 49 U.S.C. allows, but does not require, the
Agency to require for-hire property and passenger carriers to file
quarterly financial reports. These requirements are in 49 CFR part 369
and apply to Class I (average annual gross transportation operating
revenues of $10 million or more) and Class II (average annual gross
transportation operating revenues of $3 million dollars or more, but
less than $10 million) for-hire motor carriers of property. The
requirements also apply to Class I (average annual gross transportation
operating revenues of $5 million or more) for-hire motor carriers of
passengers. This information is submitted on Form QFR for property
carriers and Form MP-1 Quarterly for passenger carriers.
E.O. 13563 Improving Regulation and Regulatory Review
On January 18, 2011, the President issued Executive Order (E.O.)
13563, ``Improving Regulation and Regulatory Review,'' 76 FR 3821 (Jan.
21, 2011), which required agencies, among other things, to prepare
plans for reviewing existing rules. On February 16, 2011, DOT published
a notice requesting comments on its regulatory review plan (76 FR
8940). One person argued that the financial reporting requirements
transferred from the ICC to FMCSA provide no discernible benefits to
the government or motor carrier industry.
Direct Final Rule
On June 27, 2012, FMCSA published a direct final rule that would
have eliminated the quarterly financial reporting requirements for
certain for-hire motor carriers of property (Form QFR) and for-hire
motor carriers of passengers (Form MP-1 Quarterly) if no adverse
comments were received by July 27, 2012 (77 FR 38211). One entity, SJ
Consulting Group, submitted adverse comments and stated that it uses
the quarterly financial information to advise motor carriers, shippers,
and persons interested in buying motor carriers. It stated that the
quarterly report filings provide useful insight into the U.S. trucking
industry, such as operating statistics that are not available from
other public sources, particularly for private carriers. Although SJ
Consulting acknowledged that some data on general demand and pricing
trends are available from other sources, it believed that quarterly
data on the profitability of carriers are essential in providing safe
and timely service to shippers, estimating future growth rates, and
assessing opportunities for profitable investment in the trucking
industry. SJ Consulting has used Form QFR quarterly report filings for
these purposes for many years. FMCSA considered this an adverse comment
and the Agency withdrew the direct final rule on August 27, 2012 (77 FR
51705).
Although FMCSA considered SJ Consulting's comment adverse for the
direct final rule, it continues to believe the quarterly financial
reporting requirements for certain for-hire motor carriers of property
(on Form QFR) and for-hire motor carriers of passengers (on Form MP-1
Quarterly) can be eliminated without an adverse impact on safety. The
information collected does not currently support any Agency regulatory
function, nor does it have practical utility for the Agency or for
those carriers who must comply with the reporting requirement.
Notice of Proposed Rulemaking (NPRM)
On May 24, 2013, FMCSA published the NPRM for comment with a 60-day
comment period under Regulatory Identification Number (RIN) 2126-AB48.
The NPRM proposed to amend 49 CFR part 369 by eliminating the quarterly
reporting requirement under 49 CFR 369.1 and 369.4 (78 FR 31475). In
addition, FMCSA proposed making other conforming technical amendments
to 49 CFR 369.8, 369.9, and 369.11. A new RIN 2126-AB69 was assigned
for this final rule.
Discussion of the Comments
Three comments were received. Two industry associations (American
Trucking Associations, Inc. (ATA) and National Motor Freight Traffic
Association, Inc.) filed comments in support of the proposal to
eliminate the quarterly financial report. A third commenter, a private
citizen from Florida, supported eliminating the reporting requirement,
noting the change will save motor carriers significant time. ATA
requested that FMCSA expand the proposal to include elimination of the
Form M annual report as well, given the fact that the Agency has not
had any staff working on compiling or analyzing the for-hire motor
carrier financial reports for many years.
As FMCSA explained in the June 27, 2012, direct final rule and the
May 24, 2013, NPRM, 49 U.S.C. 14123 requires certain for-hire motor
carriers of
[[Page 76243]]
property and household goods to file annual financial reports. Congress
has given FMCSA no discretion to rescind or repeal annual financial
reports. In its 2011 reauthorization technical drafting assistance, the
Agency proposed a repeal of the annual reporting requirement, but the
repeal provision was omitted from the final version of the bill that
became the Moving Ahead for Progress in the 21st Century Act, Public
Law 112-141 (MAP-21). FMCSA, however, has lessened the burden of annual
reporting by eliminating the requirement to file Form MP-1 report in
duplicate. Form M filers for property carriers have not been required
to file in duplicate since 1999 (64 FR 13916, March 23, 1999). A single
copy of Form MP-1 will now be required. This is consistent with our
mandate to ``streamline and simplify'' reporting requirements under 49
USC 14123(d).
FMCSA received a letter from SJ Consulting on July 23, 2013,
requesting the Agency to extend the NPRM comment period, but FMCSA
denied the request on August 14, 2013. The Agency believes all
interested parties were provided ample opportunity to respond to the
NPRM, especially since the Agency provided for a 60-day comment period
in its June 27, 2012, direct final rule and also the 60-day comment
period for the NPRM. FMCSA also said in its denial of SJ Consulting's
request that it would consider late comments to the extent practicable.
The Administrative Procedure Act requires only 30 days for public
comment. 5 U.S.C. 553(d).
Discussion of the Rule
For the reasons discussed in the Background section, above, FMCSA
amends 49 CFR part 369 by eliminating the quarterly reporting
requirement under 49 CFR 369.1 and 369.4. In addition, FMCSA makes
other conforming technical amendments to 49 CFR 369.8, 369.9, and
369.11. This final rule does not affect the annual reporting
requirements, which still must be completed and filed as required by
statute (49 U.S.C. 14123(a)(1)). In accordance with 49 USC 14123(d),
the final rule does simplify and streamline the reporting requirement
by eliminating in 49 CFR 369.4 the requirement to submit the annual
report in duplicate.
Regulatory Analyses
Regulatory Planning and Review
FMCSA has determined that this action does not meet the criteria
for a ``significant regulatory action'' as specified in Executive Order
12866, as supplemented by Executive Order 13563, or within the meaning
of the Department of Transportation regulatory policies and procedures
(44 FR 11034, Feb. 26, 1979). This rulemaking is not a significant
regulatory action under section 3(f) of E.O. 12866, and does not
require an assessment of potential costs and benefits under section
6(a)(3) of that Order. This rulemaking will not have a significant
economic impact. In fact, elimination of the reporting requirement will
have a beneficial, albeit non-significant, economic impact on the motor
carrier industry through reduced reporting costs. Consequently, the OMB
has not reviewed this rule under that Order.
Small Entities
Under the Regulatory Flexibility Act (RFA), as amended by the Small
Business Regulatory Enforcement Fairness Act of 1996 (Pub. L. 104-121,
Title II, 110 Stat. 857), when an agency issues a rulemaking, the RFA
requires the agency to ``prepare and make available for public comment
a final regulatory flexibility analysis'' that will ``describe the
impact of the proposed rule on small entities'' (5 U.S.C. 603(a)) or
certify the final rule will not have a significant economic impact on a
substantial number of small entities (5 U.S.C. 605).
FMCSA has determined that the impact on entities affected by this
final rule will not be significant. In fact, the existing burden from
quarterly reporting will be eliminated. FMCSA expects the impact of the
rule will be a reduction in the paperwork burden for for-hire motor
carriers. FMCSA asserts that the economic impact of the reduction in
paperwork, if any, will be minimal and entirely beneficial to small
for-hire motor carriers. As can be seen below under section C.,
Paperwork Reduction Act, FMCSA estimates that eliminating these
reporting requirements will reduce the burden to the for-hire motor
carrier industry by about 200 hours and $9,900 annually.
Courts have held that ``a regulatory flexibility analysis is
required when an agency determines that the rule will have a
significant economic impact on a substantial number of small entities
that are subject to the requirements of the rule.'' \1\ The RFA does
not require FMCSA to consider the effect of this rule on entities that
are not subject to the rule.\2\ Although SJ Consulting Group filed an
adverse comment to the FMCSA's June 27, 2012, direct final rule, it is
not a for-hire motor carrier and, therefore, not subject to the current
financial reporting rule. In any event, FMCSA has determined that this
rule will not have an impact on a substantial number of small entities
that are subject to the requirements of the rule.
---------------------------------------------------------------------------
\1\ E.g., Mid-Tex Electric Cooperative, Inc. v. Federal Energy
Regulatory Commission (FERC), 773 F.2d 327, 342 (D.C. Cir. 1985).
\2\ Id. See also ``A Guide for Government Agencies: How to
Comply with the Regulatory Flexibility Act,'' Small Business
Administration (2010), retrieved February 13, 2013, from http://archive.sba.gov/advo/laws/rfaguide.pdf.
---------------------------------------------------------------------------
Section 605 of the RFA allows an agency to certify a rule, in lieu
of preparing an analysis, if the rulemaking is not expected to have a
significant economic impact on a substantial number of small entities.
This rule directly affects 112 for-hire motor carriers that prepare and
file quarterly financial reports under 49 CFR part 369. FMCSA estimates
that approximately 10 percent of these 112 for-hire motor carriers are
small entities with average annual gross transportation operating
revenues of no more than $23.5 million. The current requirement to file
quarterly financial reports applies only to for-hire motor carriers of
property with average annual gross transportation operating revenues of
$3 million dollars or more, and $5 million or more for passenger
carriers.
Accordingly, I certify that this final rule will not have a
significant economic impact on a substantial number of small entities.
Paperwork Reduction Act
This rulemaking eliminates two quarterly reporting requirements
that are currently reported to OMB under the Paperwork Reduction Act
(PRA) of 1995 (44 U.S.C. 3501-3520).
Quarterly Report for 110 Property Carriers
Form QFR Quarterly for property carriers, authorized by OMB under
information collection 2126-0033, is two pages long and takes
approximately 27 minutes for each of the approximately 110 carriers to
complete. This report is filed 4 times per year, so the total burden-
hour impact per filer per year is 4 x 27/60 = 1.8 hours. Multiplying
this figure by the 110 carriers that file quarterly reports yields a
total burden estimate of 198 hours.
FMCSA assumes that completion and submission of Form QFR is
performed by an accountant designated by the business entity. The
median salary of an accountant in the truck transportation industry is
$25.90 per hour (BLS, May 2010).\3\ Two adjustments are made to
[[Page 76244]]
this hourly compensation estimate. First, employee benefits are
estimated at 50.0 percent of the employee wage.\4\ Second, employee
wage and benefits are increased by 27 percent to include relevant firm
overhead.\5\ Applying the estimated 50.0 percent factor for employee
benefits and 27 percent for overhead results in $49.34 in hourly
compensation for the accountant ($25.90 x (1 + 0.50) x (1 + 0.27) =
$49.34). The total annual salary cost burden associated with the
filings is $9,770 rounded up ($49.34 x 198 hours = $9,769.32).
---------------------------------------------------------------------------
\3\ Bureau of Labor Statistics, ``Occupational Employment
Survey,'' May 2010, retrieved December 15, 2011, from http://www.bls.gov/oes/current/naics3_484000.htm. North American Industry
Classification System (NAICS) 484000, Truck Transportation, Standard
Occupational Classification (SOC) 13-2011, Accountants and Auditors.
\4\ FMCSA estimates this 50 percent employee benefit rate by
using the private industry average wage ($16.03 per hour) and
benefit information ($8.01 per hour) for production, transportation,
and moving material workers. Benefits thus amount to 50.0 percent of
wages (0.500 = $8.01/$16.03). From ``Employer Costs for Employee
Compensation--September 2010,'' retrieved August 23, 2011, from
http://www.bls.gov/news.release/pdf/ecec.pdf.
\5\ Berwick, Farooq. ``Truck Costing Model for Transportation
Managers.'' Upper Great Plains Transportation Institute, North
Dakota State University (2003), retrieved January 9, 2013, from
http://ntl.bts.gov/lib/24000/24200/24223/24223.pdf.
---------------------------------------------------------------------------
Quarterly Report for Two Passenger Carriers
The Class I passenger carrier financial quarterly survey (Form MP-1
Quarterly), which is two pages long and takes about 18 minutes to
complete for the estimated 2 participating carriers, is authorized by
OMB under information collection 2126-0031. Since this report is also
filed 4 times per year, the total burden hours associated with the
requirement are 4 x 18/60 x 2 = 2.4 hours.
FMCSA believes the completion and submission of Form MP-1 Quarterly
is typically performed by a business and financial operations expert
designated by the business entity because of the level of detail in the
financial reports. The median salary of a business and financial
operations expert in the interurban and rural bus transportation
industry is $26.41 per hour (BLS, May 2010).\6\ Two adjustments are
made to this hourly estimate. First, employee benefits are estimated at
50.0 percent of the employee wage.\7\ Second, employee wage and
benefits are increased by 27 percent to include relevant firm
overhead.\8\ Applying the estimated 50.0 percent factor for employee
benefits and 27 percent for overhead results in $50.31 in hourly
compensation for the business and financial operations expert ($26.41 x
(1 + 0.50) x (1 + 0.27) = $50.31). The total annual salary cost burden
associated with the filings is $121 ($50.31 x 2.4 hours = $120.74,
rounded to the nearest dollar).
---------------------------------------------------------------------------
\6\ Bureau of Labor Statistics, ``Occupational Employment
Survey,'' May 2010, retrieved December 15, 2011, from http://www.bls.gov/oes/current/naics4_485200.htm. North American Industry
Classification System (NAICS) 485200, Interurban and Rural Bus
Transportation, Standard Occupational Classification (SOC) 13-2000,
Business and Financial Operations Occupations.
\7\ FMCSA estimates this 50 percent employee benefit rate by
using the private industry average wage ($16.03 per hour) and
benefit information ($8.01 per hour) for production, transportation,
and moving material workers. See footnote 5, above.
\8\ Berwick ``Truck Costing Model for Transportation Managers.''
---------------------------------------------------------------------------
Collectively, eliminating these reporting requirements reduces the
burden to industry by 200.4 hours and $9,891 annually, rounded to 200
hours and $9,900, respectively.
The PRA requires that each agency ``shall certify . . . that each
collection of information . . . is necessary for the proper performance
of the functions of the agency, including that the information has
practical utility'' (44 U.S.C. 3506(c)(3)(A); 5 CFR 1320.5(d)(1)(iii)).
FMCSA can no longer certify that the quarterly requirements are
``necessary for the proper performance of the functions of the
agency.'' Therefore, FMCSA is discontinuing the quarterly reporting
requirements.
Federalism
A rule has implications under E.O. 13132, Federalism, if it has a
substantial direct effect on State or local governments and would
either preempt State law or impose a substantial direct cost of
compliance on the States. FMCSA has analyzed this rulemaking under that
Order and has determined that it does not have federalism implications.
Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $143.1 million (which is the
value of $100,000,000 in 2010 after adjusting for inflation) or more in
any 1 year. This rulemaking would not result in such an expenditure.
Taking of Private Property
This rulemaking will not effect a taking of private property or
otherwise have taking implications under E.O. 12630, Governmental
Actions and Interference with Constitutionally Protected Property
Rights.
Civil Justice Reform
This rulemaking meets applicable standards in sections 3(a) and
3(b)(2) of E.O. 12988, Civil Justice Reform, to minimize litigation,
eliminate ambiguity, and reduce burden.
Protection of Children
FMCSA analyzed this rule under E.O. 13045, Protection of Children
from Environmental Health Risks and Safety Risks. This rule is not
economically significant and does not create an environmental risk to
health or risk to safety that may disproportionately affect children.
Energy Effects
FMCSA analyzed this rule under E.O. 13211, Actions Concerning
Regulations That Significantly Affect Energy Supply, Distribution, or
Use. The Agency determined that it is not a ``significant energy
action'' under that order because it is not a ``significant regulatory
action'' under E.O. 12866 and will not have a significant adverse
effect on the supply, distribution, or use of energy. The Administrator
of the Office of Information and Regulatory Affairs has not designated
it as a significant energy action. Therefore, it does not require a
Statement of Energy Effects under E.O. 13211.
National Technology Transfer and Advancement Act
The National Technology Transfer and Advancement Act (15 U.S.C. 272
note) directs agencies to use voluntary consensus standards in their
regulatory activities unless the agency provides Congress, through OMB,
with an explanation of why using these standards would be inconsistent
with applicable law or otherwise impractical. The Agency is not aware
of any technical standards relating to FMCSA's quarterly financial
reporting and has concluded that this requirement does not apply.
Environment
The Agency analyzed this rule for the purpose of the National
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321, et seq.) and
determined under the Agency's environmental procedures Order 5610.1,
published March 1, 2004 (69 FR 9680), that this action is excluded from
further environmental documentation under two categorical exclusions
(CEs). These are found in Appendix 2, paragraph 4, which covers data
and information gathering, and Appendix 2, paragraph 6(y)(2),
[[Page 76245]]
concerning reports provided by motor carriers. The action involves no
extraordinary circumstances that would have any effect on the quality
of the environment. Thus, the action does not require an environmental
assessment or an environmental impact statement. The Categorical
Exclusion Determination is available for inspection or copying in the
regulations.gov Web site listed under ADDRESSES.
FMCSA also analyzed this rule under the Clean Air Act, as amended
(CAA), section 176(c), as amended (42 U.S.C. 7401, et seq.), and
implementing regulations promulgated by the Environmental Protection
Agency. Approval of this action is exempt from the CAA's general
conformity requirement since it does not result in any potential
increase in emissions that are above the general conformity rule's de
minimis emission threshold levels (40 CFR 93.153(c)(2)). This action
merely eliminates a reporting requirement.
Additionally, FMCSA evaluated the effects of this rule in
accordance with Executive Order 12898 and determined that there are no
environmental justice issues associated with its provisions nor any
collective environmental impacts resulting from its promulgation.
Environmental justice issues would be raised if there were
``disproportionate'' and ``high and adverse impact'' on minority or
low-income populations. As noted above, this rule is exempt from
analysis under the National Environmental Policy Act due to two
categorical exclusions. This final rule simply eliminates a paperwork
requirement and would not result in high and adverse environmental
impacts.
List of Subjects in 49 CFR Part 369
Motor carriers, Reporting and recordkeeping requirements.
In consideration of the foregoing, FMCSA amends part 369 in 49 CFR
chapter III, subchapter B, as follows:
PART 369--REPORTS OF MOTOR CARRIERS
0
1. The authority citation for part 369 continues to read as follows.
Authority: 49 U.S.C. 14123; 49 CFR 1.87.
0
2. Amend Sec. 369.1, by removing paragraph (b) and redesignating
paragraph (c) as paragraph (b) and revising it to read as follows.
Sec. 369.1 Annual reports of motor carriers of property, motor
carriers of household goods, and dual property carriers.
* * * * *
(b) Where to file report. Carriers must file the annual report with
the Federal Motor Carrier Safety Administration at the address in Sec.
369.6. You can obtain blank copies of the report form from the Federal
Motor Carrier Safety Administration Web site http://www.fmcsa.dot.gov/forms/reporting/mcs_info.htm#fos.
0
3. Revise Sec. 369.4 to read as follows.
Sec. 369.4 Annual reports of Class I carriers of passengers.
(a) All Class I motor carriers of passengers shall complete and
file Motor Carrier Annual Report Form MP-1 for Motor Carriers of
Passengers (Form MP-1).
(b) Accounting period. (1) Motor Carrier Annual Report Form MP-1
shall be used to file annual selected motor carrier data.
(2) The annual accounting period shall be based either:
(i) On the 31st day of December in each year, or
(ii) An accounting year of 13 4-week periods ending at the close of
the last 7 days of each calendar year.
(3) A carrier electing to adopt an accounting year of 13 4-week
periods shall file with the FMCSA a statement showing the day on which
its accounting year will close. A subsequent change in the accounting
period may not be made except by authority of the FMCSA.
(c) The annual report shall be filed on or before March 31 of the
year following the year to which it relates. The annual report shall be
filed with the Federal Motor Carrier Safety Administration at the
address in Sec. 369.6. Copies of Form MP-1 may be obtained from the
FMCSA.
0
4. Amend Sec. 369.8 by revising paragraphs (a) and (d) to read as
follows.
Sec. 369.8 Requests for exemptions from filing.
(a) General. This section governs requests for exemptions from
filing of the report required under Sec. 369.1.
* * * * *
(d) When requests are due. The timing of a request for an exemption
from filing is the same as the timing for a request for an exemption
from public release contained in Sec. 369.9(d). For Annual Form M,
both the report and the request are due by March 31 of the year
following the year to which it relates.
* * * * *
0
5. Amend Sec. 369.9 by removing paragraph (d)(4) and revising
paragraphs (a) and (e)(4) to read as follows.
Sec. 369.9 Requests for exemptions from public release.
(a) General. This section governs requests for exemptions from
public release of the report required under Sec. 369.1.
* * * * *
(e) * * *
(4) FMCSA will grant or deny each request no later than 90 days
after the request's due date as defined in paragraph (d) of this
section. The decision by FMCSA shall be administratively final. For
Annual Form M, both the report and the request are due by March 31, and
the decision is due by June 30.
* * * * *
Sec. 369.11 [Removed]
0
6. Remove Sec. 369.11.
Issued under the authority delegated in 49 CFR 1.87 on: November
26, 2013.
Anne S. Ferro,
Administrator.
[FR Doc. 2013-29936 Filed 12-16-13; 8:45 am]
BILLING CODE 4910-EX-P