Filing Requirements of 49 U.S.C. 14123; The Motor Carrier Financial and Operating Statistics Program (the Annual Form M Filing); Application for Exemption From Swift Transportation Corporation, 14612 [E9-6460]

Download as PDF 14612 Federal Register / Vol. 74, No. 60 / Tuesday, March 31, 2009 / Notices DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA–2008–0289] Filing Requirements of 49 U.S.C. 14123; The Motor Carrier Financial and Operating Statistics Program (the Annual Form M Filing); Application for Exemption From Swift Transportation Corporation AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT. ACTION: Notice of final disposition. SUMMARY: The Federal Motor Carrier Safety Administration (FMCSA) published a Federal Register notice of an application by Swift Transportation Corporation (Swift Transportation) for an exemption from the requirement annually to report certain financial information (49 CFR 369.1). Swift Transportation stated that disclosing this information would cause competitive harm. The Agency received one comment to the public docket. The Agency has considered the comment and grants Swift Transportation’s request for exemption. DATES: This exemption is effective until December 31, 2011. FOR FURTHER INFORMATION CONTACT: Rhonda Scott, Office of Information Technology, IT Operations Division, (202) 366–4134; Federal Motor Carrier Safety Administration, 1200 New Jersey Avenue, SE., Washington, DC 20590. SUPPLEMENTARY INFORMATION: tjames on PRODPC61 with NOTICES Background Although 49 U.S.C. 14123 requires certain motor carriers annually to file financial and safety reports with FMCSA, subsection (c) authorizes exemptions from the filing requirements or from public release of the information. Exemption requests must comply with 49 CFR 369.9, and the request must be published in the Federal Register. Swift Transportation’s Application for Exemption On December 14, 2007, Swift Transportation applied for an exemption under 49 CFR 369.9 from disclosing confidential business information to the public. A privately held corporation, Swift Transportation argued that disclosure of this information would result in competitive harm. Comments FMCSA published a Federal Register notice announcing the application on VerDate Nov<24>2008 14:35 Mar 30, 2009 Jkt 217001 November 6, 2008 (73 FR 66095). One comment was submitted to the docket. The commenter concurred with the request on the ground that the data is not being used and the requirement is no longer needed. FMCSA Decision FMCSA reviewed the comment and the documentation submitted by the applicant. The Agency determined that Swift Transportation is not a publicly held corporation and that it provided sufficient support for the claim of competitive harm, both of which are preconditions for an exemption under 49 CFR 369.9. The Agency therefore grants the exemption, which will be effective from March 31, 2008 through December 31, 2011 (§ 369.9(g)). Issued on: March 18, 2009. Rose A. McMurray, Acting Deputy Administrator. [FR Doc. E9–6460 Filed 3–30–09; 8:45 am] BILLING CODE 4910–EX–P DEPARTMENT OF TRANSPORTATION Pipeline and Hazardous Materials Safety Administration International Standards on the Transport of Dangerous Goods; Public Meeting AGENCY: Pipeline and Hazardous Materials Safety Administration (PHMSA), Department of Transportation. ACTION: Notice of public meeting. SUMMARY: This notice is to advise interested persons that PHMSA will conduct a public meeting in preparation for the 35th session of the United Nations Sub-Committee of Experts on the Transport of Dangerous Goods (UNSCOE TDG) to be held June 22–26, 2009 in Geneva, Switzerland. During this meeting, PHMSA is also soliciting comments relative to potential new work items which may be considered for inclusion in its international agenda, and comments relative to a potential future rulemaking action regarding the use and applicability of international standards. Information Regarding the UNSCOE TDG Meeting DATES: Wednesday, June 17, 2009; 9:30 a.m.–12 p.m. ADDRESSES: The meeting will be held at the DOT Headquarters, West Building, Oklahoma City Conference Room, 1200 New Jersey Avenue, SE., Washington, DC 20590. PO 00000 Frm 00101 Fmt 4703 Sfmt 4703 Conference Call Capability/Live Meeting Information: Conference call-in and ‘‘live meeting’’ capability will be provided for this meeting. Specific information on call-in and live meeting access will be posted when available at https://www.phmsa.dot.gov/hazmat/ regs/international. FOR FURTHER INFORMATION CONTACT: Mr. Duane Pfund, Director, Office of International Standards or Mr. Shane Kelley, International Transportation Specialist, Office of Hazardous Materials Safety, Department of Transportation, Washington, DC 20590; (202) 366–0656. SUPPLEMENTARY INFORMATION: The primary purpose of this meeting will be to prepare for the 35th session of the UNSCOE TDG. The 35th session of the UNSCOE TDG is the first meeting in the current 2009–2010 biennium. The UNSCOE will consider proposals for the 16th Revised Edition of the United Nations Recommendations on the Transport of Dangerous Goods Model Regulations which will come into force in the international regulations from January 1, 2013. Topics on the agenda for the UNSCOE TDG meeting include: • Explosives and related matters; • Listing, classification and packing; • Electric storage systems; • Miscellaneous proposals of amendments to the Model Regulations on the Transport of Dangerous Goods; • Electronic data interchange (EDT) for documentation purposes; • Cooperation with the International Atomic Energy Agency (IAEA); • Global harmonization of transport of dangerous goods regulations with the UN Model Regulations; • Guiding principles for the Model Regulations; and • Issues relating to the Globally Harmonized System of Classification and Labelling of Chemicals (GHS). In addition, PHMSA is soliciting comments on how to further enhance harmonization for international transport of hazardous materials. PHMSA has finalized a broad international strategic plan and welcomes input on items which stakeholders believe should be included as specific initiatives within this plan. PHMSA’s Office of International Standards Strategic Plan can be accessed at: https://www.phmsa.dot.gov/ hazmat/regs/intemational. Finally, PHMSA is soliciting comments regarding a potential future rulemaking action regarding the use of international regulations, in particular the International Civil Aviation Organization’s Technical Instructions for the Safe Transport of Dangerous E:\FR\FM\31MRN1.SGM 31MRN1

Agencies

[Federal Register Volume 74, Number 60 (Tuesday, March 31, 2009)]
[Notices]
[Page 14612]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-6460]



[[Page 14612]]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2008-0289]


Filing Requirements of 49 U.S.C. 14123; The Motor Carrier 
Financial and Operating Statistics Program (the Annual Form M Filing); 
Application for Exemption From Swift Transportation Corporation

AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.

ACTION: Notice of final disposition.

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

SUMMARY: The Federal Motor Carrier Safety Administration (FMCSA) 
published a Federal Register notice of an application by Swift 
Transportation Corporation (Swift Transportation) for an exemption from 
the requirement annually to report certain financial information (49 
CFR 369.1). Swift Transportation stated that disclosing this 
information would cause competitive harm. The Agency received one 
comment to the public docket. The Agency has considered the comment and 
grants Swift Transportation's request for exemption.

DATES: This exemption is effective until December 31, 2011.

FOR FURTHER INFORMATION CONTACT: Rhonda Scott, Office of Information 
Technology, IT Operations Division, (202) 366-4134; Federal Motor 
Carrier Safety Administration, 1200 New Jersey Avenue, SE., Washington, 
DC 20590.

SUPPLEMENTARY INFORMATION: 

Background

    Although 49 U.S.C. 14123 requires certain motor carriers annually 
to file financial and safety reports with FMCSA, subsection (c) 
authorizes exemptions from the filing requirements or from public 
release of the information. Exemption requests must comply with 49 CFR 
369.9, and the request must be published in the Federal Register.

Swift Transportation's Application for Exemption

    On December 14, 2007, Swift Transportation applied for an exemption 
under 49 CFR 369.9 from disclosing confidential business information to 
the public. A privately held corporation, Swift Transportation argued 
that disclosure of this information would result in competitive harm.

Comments

    FMCSA published a Federal Register notice announcing the 
application on November 6, 2008 (73 FR 66095). One comment was 
submitted to the docket. The commenter concurred with the request on 
the ground that the data is not being used and the requirement is no 
longer needed.

FMCSA Decision

    FMCSA reviewed the comment and the documentation submitted by the 
applicant. The Agency determined that Swift Transportation is not a 
publicly held corporation and that it provided sufficient support for 
the claim of competitive harm, both of which are preconditions for an 
exemption under 49 CFR 369.9. The Agency therefore grants the 
exemption, which will be effective from March 31, 2008 through December 
31, 2011 (Sec.  369.9(g)).

    Issued on: March 18, 2009.
Rose A. McMurray,
Acting Deputy Administrator.
[FR Doc. E9-6460 Filed 3-30-09; 8:45 am]
BILLING CODE 4910-EX-P

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