Request for Information Concerning Preservation of Records |
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Meera Joshi
Federal Motor Carrier Safety Administration
24 August 2021
[Federal Register Volume 86, Number 161 (Tuesday, August 24, 2021)]
[Notices]
[Pages 47365-47366]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-18169]
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2019-0074]
Request for Information Concerning Preservation of Records
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), Department
of Transportation (DOT).
ACTION: Notice; request for information.
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SUMMARY: FMCSA requests information to assist FMCSA in reviewing
records retention requirements in Part 379 of the Federal Motor Carrier
Safety Regulations (FMCSRs).
DATES: Comments must be received on or before September 23, 2021.
ADDRESSES: You may submit comments identified by Docket Number FMCSA-
2019-0074 using any of the following methods:
Federal eRulemaking Portal: Go to https://www.regulations.gov/docket/FMCSA-2019-0074/document. Follow the online
instructions for submitting comments.
Mail: Dockets Operations, U.S. Department of
Transportation, 1200 New Jersey Avenue SE, West Building, Ground Floor,
Room W12-140, Washington, DC 20590-0001.
Hand Delivery or Courier: Dockets Operations, U.S.
Department of Transportation, 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: (202) 493-2251.
Submissions Containing Confidential Business Information
(CBI): Mr. Brian Dahlin, Chief, Regulatory Evaluation Division, 1200
New Jersey Avenue SE, Washington, DC 20590.
To avoid duplication, please use only one of these four methods.
See the ``Public Participation and Request for Comments'' portion of
the SUPPLEMENTARY INFORMATION section for instructions on submitting
comments.
FOR FURTHER INFORMATION CONTACT: Ms. Pearlie Robinson, Driver and
Carrier Operations, Office of Carrier, Driver, and Vehicle Safety
Standards, Federal Motor Carrier Safety Administration, 1200 New Jersey
Avenue SE, Washington, DC 20590-0001, (202) 366-4225, MCPSD@dot.gov. If
you have questions on viewing or submitting material to the docket,
contact Dockets Operations, (202) 366-9826.
SUPPLEMENTARY INFORMATION:
A. Submitting Comments
If you submit a comment, please include the docket number for this
Request for Information (RFI) (FMCSA-2019-0074), indicate the specific
section of this document to which your comment applies, and provide a
reason for each suggestion or recommendation. You may submit your
comments and material online or by fax, mail, or hand delivery, but
please use only one of these means. FMCSA recommends that you include
your name and a mailing address, an email address, or a phone number in
the body of your document so that FMCSA can contact you if there are
questions regarding your submission.
To submit your comment online, go to https://www.regulations.gov/docket/FMCSA-2019-0074/document, click on this RFI, click ``Comment,''
and type your comment into the text box on the following screen.
If you submit your comments by mail or hand delivery, submit them
in an unbound format, no larger than 8\1/2\ by 11 inches, suitable for
copying and electronic filing. If you submit comments by mail and would
like to know that they reached the facility, please enclose a stamped,
self-addressed postcard or envelope. FMCSA will consider all comments
and material received during the comment period.
Confidential Business Information (CBI)
CBI is commercial or financial information that is both customarily
and actually treated as private by its owner. Under the Freedom of
Information Act (5 U.S.C. 552), CBI is exempt from public disclosure.
If your comments responsive to the RFI contain commercial or financial
information that is customarily treated as private, that you actually
treat as private, and that is relevant or responsive to the RFI, it is
important that you clearly designate the submitted comments as CBI.
Please mark each page of your submission that constitutes CBI as
``PROPIN'' to indicate it contains proprietary information. FMCSA will
treat such marked submissions as confidential under the Freedom of
Information Act, and they will not be placed in the public docket of
the RFI. Submissions containing CBI should be sent to Mr. Brian Dahlin,
Chief, Regulatory Analysis Division, Office of Policy, Federal Motor
Carrier Safety Administration, 1200 New Jersey Avenue SE, Washington,
DC 20590-0001. Any comments FMCSA receives not specifically designated
as CBI will be placed in the public docket for this rulemaking.
B. Viewing Comments and Documents
To view comments, as well as any documents mentioned in this RFI as
being available in the docket, go to https://www.regulations.gov/docket/FMCSA-2019-0074/document and choose the document to review. To
view comments, click this RFI, and click ``Browse Comments.'' If you do
not have access to the internet, you may view the docket online by
visiting Dockets Operations in Room W12-140 on the ground floor of the
DOT West Building, 1200 New Jersey Avenue SE, Washington, DC 20590,
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays. To be sure someone is there to help you, please call (202)
366-9317 or (202) 366-9826 before visiting Dockets Operations.
C. Privacy Act
DOT posts comments received without edit, including any personal
information the commenter provides, to www.regulations.gov, as
described in the system of records notice (DOT/ALL-14 FDMS), which can
be reviewed at www.transportation.gov/privacy.
[[Page 47366]]
I. Background
The Secretary of Transportation has discretionary authority to
prescribe the records required to be prepared or compiled by certain
for-hire motor carriers and brokers subject to the commercial
regulations implementing Title 49 U.S.C., subtitle IV, part B,
including records related to movement of traffic and receipts and
expenditures of money. 49 U.S.C. 14122(a). The Secretary may prescribe
the time period during which operating, accounting, and financial
records must be preserved by for-hire motor carriers and brokers
subject to the reporting requirements. 49 U.S.C. 14122(c). In addition,
some for-hire motor carriers (transporting either passengers or
property) are required to submit annual financial reports under 49
U.S.C. 14123.
FMCSA's regulations include record retention requirements in
several places. Appendix A to part 379 provides a generalized listing
of retention times for records required to be prepared or compiled by
certain for-hire motor carriers and brokers subject to the commercial
regulations implementing Title 49 U.S.C., subtitle IV, part B. Parts
369 and 379 of the FMCSRs contain the regulations relating to annual
reporting and preservation of records. Other parts of the FMCSRs
contain specific record retention requirements for records pertinent to
that part.
FMCSA's predecessor agency, the Interstate Commerce Commission,
published a final rule on March 18, 1985, (50 FR 10774) which created
``Note A'' to be applied to certain records listed in Appendix A. The
note is codified at the end of Appendix A to part 379 and is listed as
the applicable ``Retention Period'' for several items and categories of
records on the table in Appendix A. Note A indicates that the records
so referenced shall be maintained as determined by the designated
records supervisory official for the company. It further states that
companies should be aware of other regulatory agencies' record
retention requirements and exercise reasonable care in choosing
retention periods which reflect past experiences, company needs,
pending litigation, and regulatory requirements.
Only a few of the FMCSRs refer to the record-keeping requirements
in 49 CFR part 379 as the basis for retention requirements. FMCSA
requests comments providing information on the necessity and
appropriateness of these references and links described below:
1. Title 49 CFR part 369 contains regulations governing the
reporting requirements for motor carriers under the authority of 49
U.S.C. 14123(a). Those reporting requirements are now very minimal.
Only large for-hire motor carriers of property and large for-hire motor
carriers of passengers are subject to the annual report provisions. See
49 CFR 369.1-369.4. The records necessary to support these reporting
requirements are specified in 49 CFR 369.5: ``Books, records and
carrier operating documents shall be retained as prescribed in 49 CFR
part 379, Preservation of Records.''
2. Regulations found in 49 CFR part 373 govern the issuance of
bills of lading and freight or expense bills by for-hire motor carriers
to shipper and receivers. With some exceptions, for-hire carriers are
required to issue bills of lading with certain specified information,
such as receipts for property being transported as required by the
Carmack Amendment, 49 U.S.C. 14706. 49 CFR 373.101. A record of the
information on the bill of lading is required to be kept in accordance
with part 379. Property carriers are also required to issue freight or
expense bills with specified information, and to retain copies of such
documents in accordance with part 379, 49 CFR 373.103(a). For-hire
motor carriers of property may enter into written agreements with
shippers to waive any of these requirements, 49 U.S.C. 14101(b)(1).
Part 373 also includes requirements applicable to for-hire
passenger carriers to issue an expense bill for charter service, and to
retain copies of such documents in accordance with part 379, 49 CFR
373.103(b).
II. Request for Public Comments
FMCSA requests comments on recordkeeping activities associated with
Appendix A to part 379 and responses to the questions below.
General Question: Records Retention
1. If other Federal or State entities have record retention
requirements for similar or the same records, what type of records are
they, how long are you required to retain them, and which Federal or
State entities require them?
You may find it useful, when answering this question, to submit
your responses in a table format. If you wish to do so, go to the
docket FMCSA-2019-0074 at Regulations.gov and fill out and submit the
table as part of your comment to this RFI. This table may be found in
the supporting materials for the docket and includes current FMCSA
existing recordkeeping requirements in Part 379 and those under
consideration. Information can be added to each requirement concerning
whether other agencies collect this information from you and for how
long they request retention.
Retention Times
2. How long do you hold each of the records listed in Appendix A
that are subject to Note A now?
3. Do you hold them that long ONLY because of the requirement in
Appendix A?
If yes, how long would you hold them in the ordinary course of
business regardless of the Appendix A requirement?
Numbers and Costs of Records Retention
4. For each category of records maintained for FMCSA, how many
records do you maintain, e.g., how many physical pages/volumes of
electronic information do you retain? How many and which categories of
records are also subject to the requirements of another regulatory
entity?
5. Can you provide an estimate for how much it costs to store each
category of records per year? Does this cost reflect retaining paper
records, electronic records, or both?
Note A
6. Should any of the items listed in Appendix A that do not refer
to Note A be modified to adopt Note A?
7. As Note A does not provide a specific retention period, should
those items remain in Appendix A or be removed?
8. Is it helpful to retain Note A? Why or why not?
Issued under authority delegated in 49 CFR 1.87.
Meera Joshi,
Deputy Administrator.
[FR Doc. 2021-18169 Filed 8-23-21; 8:45 am]
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