Rescission of Quarterly Financial Reporting Requirements, 38211-38215 [2012-15744]
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Federal Register / Vol. 77, No. 124 / Wednesday, June 27, 2012 / Rules and Regulations
The foregoing notice is required by
the Paperwork Reduction Act of 1995,
Public Law 104–13, October 1, 1995,
and 44 U.S.C. 3507.
The total annual reporting burdens
and costs for the respondents are as
follows:
OMB Control Number: 3060–1170.
OMB Approval Date: May 16, 2012.
OMB Expiration Date: May 31, 2015.
Title: Section 90.209(b)(7)—
Bandwidth limitations.
Form Number: N/A.
Type of Review: New collection.
Respondents: Business or other forprofit entities.
Number of Respondents and
Responses: 27 respondents; 25
responses.
Estimated Time per Response: 0.5 up
to 8.4 hours.
Frequency of Response: On occasion,
third party disclosure requirement.
Obligation to Respond: Required to
obtain or retain benefits.
Total Annual Burden: 22 hours.
Total Annual Cost: $52,500.
Privacy Impact Assessment: N/A.
Nature and Extent of Confidentiality:
None.
Needs and Uses: This information
will be used to help ensure that 800
MHz public safety licensees are not
impacted by EA-based 800 MHz SMR
licensees exceeding the channel spacing
and bandwidth requirement in part 90
of the Commission’s rules as modified
under FCC 12–55. Pursuant to this
notice, 800 MHz public safety licensees
within the notice area will be able to
monitor their networks for any increase
in harmful interference in and around
the time that an EA-based 800 MHz
SMR licensee begins operations that
exceed the existing channel spacing and
bandwidth limitation in part 90.
Federal Communications Commission.
Marlene H. Dortch,
Secretary.
[FR Doc. 2012–15627 Filed 6–26–12; 8:45 am]
BILLING CODE 6712–01–P
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
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49 CFR Part 369
[Docket No. FMCSA–2012–0020]
RIN–2126–AB48
Federal Motor Carrier Safety
Administration, DOT.
AGENCY:
13:12 Jun 26, 2012
Direct final rule.
By direct final rule, the
Federal Motor Carrier Safety
Administration (FMCSA) eliminates the
quarterly financial reporting
requirements for certain for-hire motor
carriers of property (Form QFR) and forhire motor carriers of passengers (Form
MP–1). This paperwork burden can be
removed without an adverse impact on
safety or the Agency’s ability to
maintain effective commercial
regulations over the for-hire trucking
and passenger-carrying industries.
DATES: This rule is effective August 27,
2012, unless an adverse comment, or
notice of intent to submit an adverse
comment, is either submitted to our
online docket via https://
www.regulations.gov on or before July
27, 2012 or reaches the Docket
Management Facility by that date. If an
adverse comment, or notice of intent to
submit an adverse comment, is received
by July 27, 2012, we will withdraw this
direct final rule and publish a timely
notice of withdrawal in the Federal
Register.
ADDRESSES: You may submit comments
identified by docket number FMCSA–
2012–0020 using any one of the
following methods:
(1) Federal eRulemaking Portal:
https://www.regulations.gov.
(2) Fax: 202–493–2251.
(3) Mail: Docket Management Facility
(M–30), U.S. Department of
Transportation, West Building Ground
Floor, Room W12–140, 1200 New Jersey
Avenue SE., Washington, DC 20590–
0001.
(4) Hand delivery: Same as mail
address above, between 9 a.m. and
5 p.m. e.t., Monday through Friday,
except Federal holidays. The telephone
number is 202–366–9329.
To avoid duplication, please use only
one of these four methods. See the
‘‘Public Participation and Comments’’
portion of the SUPPLEMENTARY
INFORMATION section below for
instructions on submitting comments.
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.
SUMMARY:
SUPPLEMENTARY INFORMATION:
Rescission of Quarterly Financial
Reporting Requirements
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ACTION:
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I. Public Participation and Comments
If you would like to participate in this
rulemaking, you may submit comments
and related materials. All comments
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received will be posted, without change,
to https://www.regulations.gov and will
include any personal information you
have provided.
A. Submitting Comments
If you submit a comment, please
include the docket number for this
rulemaking (FMCSA–2012–0020),
indicate the specific section of this
document to which each 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. We recommend that you
include your name and a mailing
address, an email address, or a phone
number in the body of your document
so that we can contact you if we have
questions regarding your submission. As
a reminder, FMCSA will only consider
adverse comments as defined in 49 CFR
389.39(b) and explained below.
To submit your comment online, go to
https://www.regulations.gov, click on the
‘‘submit a comment’’ box, which will
then become highlighted in blue. In the
‘‘Document Type’’ drop down menu
select ‘‘Rule’’ and insert ‘‘FMCSA–
2012–0020’’ in the ‘‘Keyword’’ box.
Click ‘‘Search,’’ then click on the
balloon shape in the ‘‘Actions’’ column.
If you submit your comments by mail or
hand delivery, submit them in an
unbound format, no larger than 81⁄2 by
11 inches, suitable for copying and
electronic filing. If you submit them by
mail and would like to know that they
reached the facility, please enclose a
stamped, self-addressed postcard or
envelope.
B. Viewing Comments and Documents
To view comments, go to https://
www.regulations.gov, click on the ‘‘read
comments’’ box, which will then
become highlighted in blue. In the
‘‘Keyword’’ box insert ‘‘FMCSA–2012–
0020’’ and click ‘‘Search.’’ Click the
‘‘Open Docket Folder’’ in the ‘‘Actions’’
column. 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.
C. 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
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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).
II. Regulatory Information
FMCSA publishes this direct final
rule under 49 CFR 389.11 and 389.39,
because the Agency has determined that
the rule makes non-controversial, minor
amendments to 49 CFR part 369 that
will reduce reporting requirements for
certain for-hire motor carriers. FMCSA
does not expect any adverse comments.
If no adverse comments or notices of
intent to submit an adverse comment
are received by July 27, 2012, this rule
will become effective as stated in the
DATES section. In that case,
approximately 30 days before the
effective date, we will publish a
document in the Federal Register
stating that no adverse comments were
received and confirming that this rule
will become effective as scheduled.
However, if we receive any adverse
comments or notices of intent to submit
an adverse comment, we will publish a
document in the Federal Register
announcing the withdrawal of all or part
of this direct final rule. If we decide to
proceed with a rulemaking following
receipt of any adverse comments, we
will publish a separate notice of
proposed rulemaking (NPRM) and
provide a new opportunity for
comment.
A comment is considered ‘‘adverse’’ if
the comment explains why this rule or
a part of this rule would be
inappropriate, including a challenge to
its underlying premise or approach, or
would be ineffective or unacceptable
without a change.
III. Background
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Annual Financial Reporting
Requirements
Section 14123 of title 49, United
States Code, requires the filing of annual
financial reports by certain for-hire
motor carriers of property and
household goods (Form M).
The annual reporting program was
implemented on Dec. 24, 1938 (3 FR
3158) (the first annual report for 1938
was due by Mar. 31, 1939) and
subsequently was transferred from the
Interstate Commerce Commission (ICC)
to the U.S. Department of
Transportation’s (DOT) Bureau of
Transportation Statistics (BTS) on
January 1, 1996. The Secretary of DOT
delegated to BTS the responsibility for
the program on December 17, 1996 (61
FR 68162–02). Responsibility for
collection of Form M (for-hire property
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13:12 Jun 26, 2012
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carriers, including household goods
carriers) and Form MP–1 (for-hire
passenger carriers), including quarterly
reporting requirements for such forms
(Form QFR), was transferred from the
BTS to the FMCSA on August 17, 2004
(69 FR 51009), and the regulations were
redesignated as 49 CFR part 369 on
August 10, 2006 (71 FR 45740). FMCSA
has continued to collect carriers’ annual
reports and to furnish copies of the
reports requested under the Freedom of
Information Act.
Quarterly Financial Reporting
Subsection 14123(a)(2) of title 49,
United States Code, allows the Agency
to require quarterly financial reports
from for-hire property and passenger
carriers, but it does not mandate that the
Agency require these reports to be
submitted. These requirements are
included 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.
E.O. 13563 Improving Regulation and
Regulatory Review
On January 18, 2011, the President
issued Executive Order 13563,
‘‘Improving Regulation and Regulatory
Review’’ (76 FR 3821, January 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). A public meeting on this
issue was held on March 14, 2011. DOT
placed all of the comments it received
in docket DOT–OST–2011–0025, along
with a transcript of the March 14
meeting. DOT received 102 comments,
many offering multiple suggestions. One
person argued that the financial
reporting requirements transferred from
the ICC to FMCSA provide no
discernible benefits to the government
or industry.
FMCSA rescinds 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 burden can be removed without an
adverse impact on safety or the
Agency´s ability to maintain effective
commercial regulations over the for-hire
trucking and passenger-carrying
industries. FMCSA does not currently
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use the quarterly reports because the
reports cover a small subset of the motor
carriers of property and motor carriers
of passengers that are subject to the
Agency’s safety oversight and the
financial reporting data is not necessary
to monitor carriers’ safety performance.
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.
This direct final rulemaking is noncontroversial because it ‘‘Make[s] minor
changes to rules regarding statistics and
reporting requirements, such as a
change in reporting period (for example,
from quarterly to annually) or
eliminat[es] a type of data collection no
longer necessary’’ 49 CFR 389.39(a)(5).
Elimination of the outdated and
unnecessary quarterly reporting
requirement falls squarely within the
intended purpose of a direct final rule.
FMCSA, therefore, finds there is good
cause to dispense with the normal
notice and comment procedures since
reducing the reporting requirement is
not likely to be controversial.
Consequently, receipt of public
comments prior to finalizing this action
is unnecessary. 49 CFR 389.11.
IV. 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.
In the course of redesignating 49 CFR
part 1420 as 49 CFR part 369 in 2006
(August 10, 2006, 71 FR 45740), the
authority citation for part 369 was
inadvertently corrupted by adding
references to (1) 5 U.S.C. 553 and 559
of the Administrative Procedure Act
relating to rulemaking and
administrative law judges, and (2) 16
U.S.C. 1456, a provision of the Coastal
Zone Management Act (CZMA) of 1972.
These statutes provide no authority for
part 369 and the references have
therefore been removed.
V. Regulatory Analyses
When developing this direct final
rule, FMCSA considered numerous
statutes and executive orders related to
rulemaking. The Agency’s analyses are
summarized below.
A. Regulatory Planning and Review
Under Executive Order (E.O.) 12866
(58 FR 51735, October 4, 1993) as
supplemented by E.O. 13563 (76 FR
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3821, January 18, 2011), FMCSA must
determine whether a regulatory action is
‘‘significant’’ and, therefore, subject to
Office of Management and Budget
(OMB) review and the requirements of
the E.O. The Order defines ‘‘significant
regulatory action’’ as one that is likely
to result in a rule that may:
(1) Have an annual effect on the
economy of $100 million or more or
adversely affect in a material way the
economy, a sector of the economy,
productivity, competition, jobs, the
environment, public health or safety, or
State, local, or tribal governments or
communities.
(2) Create a serious inconsistency or
otherwise interfere with an action taken
or planned by another agency.
(3) Materially alter the budgetary
impact of entitlements, grants, user fees,
or loan programs or the rights and
obligations of recipients thereof.
(4) Raise novel legal or policy issues
arising out of legal mandates, the
President’s priorities, or the principles
set forth in the E.O.
This rule is not a significant
regulatory action under section 3(f) of
Executive Order 12866, Regulatory
Planning and Review, and does not
require an assessment of potential costs
and benefits under section 6(a)(3) of that
Order. The Office of Management and
Budget (OMB) has not reviewed it under
that Order. This rule will not have a
significant economic impact. In fact,
elimination of the reporting requirement
will, if anything, have a beneficial
economic impact on industry.
B. 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), FMCSA is not
required to prepare a final regulatory
flexibility analysis under 5 U.S.C. 604(a)
for this final rule because the agency has
not issued an NPRM prior to this action.
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C. Paperwork Reduction Act
This rule 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). 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 111 carriers
to complete. This report is filed 4 times
per year, so the total burden hour
impact per filer per year is 4 × 27/60 =
1.8 hours. Multiplying this figure by the
111 carriers that file quarterly reports
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13:12 Jun 26, 2012
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yields a total burden estimate of 200
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).1 Two adjustments are made to
this hourly compensation estimate.
First, employee benefits are estimated at
50.0 percent of the employee wage.2
Second, employee wage and benefits are
increased by 27 percent to include
relevant firm overhead.3 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 × (1 + 0.50) × (1 + 0.27) =
$49.34). The total annual salary cost
burden associated with the filings is
$9,868 ($49.34 × 200 hours = $9,868.00).
The Class I passenger carrier financial
quarterly survey (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 × 18/60 × 2 = 2.4
hours.
FMCSA believes the completion and
submission of Form MP–1 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).4 Two adjustments are made to
1 Bureau of Labor Statistics, ‘‘Occupational
Employment Survey’’. May 2010. https://
www.bls.gov/oes/current/naics3_484000.htm
(accessed December 15, 2011). North American
Industry Classification System (NAICS) 484000,
Truck Transportation, Standard Occupational
Classification (SOC) 13–2011, Accountants and
Auditors.
2 FMCSA estimates this 50% 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’’. Accessed on 23–August–2011 at
https://www.bls.gov/news.release/pdf/ecec.pdf.
3 Berwick, Farooq. ‘‘Truck Costing Model for
Transportation Managers’’. Upper Great Plains
Transportation Institute, North Dakota State
University (2003) accessed on 23–August–2011 at
https://ntl.bts.gov/lib/24000/24200/24223/
24223.pdf.
4 Bureau of Labor Statistics, ‘‘Occupational
Employment Survey’’. May 2010. https://
www.bls.gov/oes/current/naics4_485200.htm
(accessed December 15, 2011). North American
Industry Classification System (NAICS) 485200,
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38213
this hourly estimate. First, employee
benefits are estimated at 50.0 percent of
the employee wage.5 Second, employee
wage and benefits are increased by 27
percent to include relevant firm
overhead.6 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 × (1 + 0.50) × (1 + 0.27) =
$50.31). The total annual salary cost
burden associated with the filings is
$121 ($50.31 × 2.4 hours = $120.74,
rounded to the nearest dollar).
Collectively, eliminating these
reporting requirements reduces the
burden to industry by 202.4 hours and
$9,989.
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.
D. Federalism
A rule has federalism implications
under Executive Order 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 rule under that Order and
have determined that it does not have
federalism implications.
E. 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
Interurban and Rural Bus Transportation, Standard
Occupational Classification (SOC) 13–2000,
Business and Financial Operations Occupations.
5 FMCSA estimates this 50% 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’’. Accessed on 23–August–2011 at
https://www.bls.gov/news.release/pdf/ecec.pdf.
6 Berwick, Farooq. ‘‘Truck Costing Model for
Transportation Managers’’. Upper Great Plains
Transportation Institute, North Dakota State
University (2003) accessed on 23–August–2011 at
https://ntl.bts.gov/lib/24000/24200/24223/
24223.pdf.
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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
rule would not result in such an
expenditure.
F. Taking of Private Property
This rule will not effect a taking of
private property or otherwise have
taking implications under Executive
Order 12630, Governmental Actions and
Interference with Constitutionally
Protected Property Rights.
G. Civil Justice Reform
This rule meets applicable standards
in sections 3(a) and 3(b)(2) of Executive
Order 12988, Civil Justice Reform, to
minimize litigation, eliminate
ambiguity, and reduce burden.
H. Protection of Children
FMCSA has analyzed this rule under
Executive Order 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.
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I. Energy Effects
FMCSA has analyzed this rule under
Executive Order 13211, Actions
Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use. The Agency has
determined that it is not a ‘‘significant
energy action’’ under that order because
it is not a ‘‘significant regulatory action’’
under Executive Order 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 Executive Order 13211.
J. Environment
The Agency analyzed this direct final
rule for the purpose of the National
Environmental Policy Act of 1969
(NEPA) (42 U.S.C. 4321 et seq.) and
determined under our environmental
procedures Order 5610.1, published
March 1, 2004 (69 FR 9680), that this
action is categorically excluded under
two categorical exclusions (CEs) in the
Order from further environmental
documentation. These are found in
Appendix 2, paragraph 4, which covers
data and information gathering, and
Appendix 2, paragraph 6(y)(2)
concerning reports provided by motor
carriers. This direct final rulemaking
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makes minor changes to rules regarding
‘‘a change in reporting period (for
example, from quarterly to annually) or
eliminating a type of data collection no
longer necessary,’’ as authorized by 49
CFR 389.39(a)(5). 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.
FMCSA also analyzed this rule under
the Clean Air Act, as amended (CAA),
section 176(c), (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.
The Categorical Exclusion
Determination is available for
inspection or copying in the
regulations.gov Web site listed under
ADDRESSES.
List of Subjects in 49 CFR Part 369
Motor carriers, Reporting and
recordkeeping requirements.
In consideration of the foregoing,
FMCSA amends 49 CFR part 369 in title
49, Code of Federal Regulations, chapter
III, subchapter B, as follows:
PART 369—[AMENDED]
1. The authority citation for part 369
is revised to read as follows.
■
Authority: 49 U.S.C. 14123; 49 CFR 1.73.
2. Amend § 369.1, by removing
paragraph (b) and redesignating
paragraph (c) as paragraph (b) and
revising it to read as follows.
■
§ 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 reports with the Federal
Motor Carrier Safety Administration at
the address in § 369.6. You can obtain
blank copies of the report forms from
the Federal Motor Carrier Safety
Administration Web site https://
www.fmcsa.dot.gov/forms/reporting/
mcs_info.htm#fos.
■ 3. Revise § 369.4 to read as follows.
§ 369.4 Annual reports of Class I carriers
of passengers.
(a) All Class I motor carriers of
passengers shall complete and file
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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 thirteen
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 thirteen 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 in duplicate with
the Federal Motor Carrier Safety
Administration at the address in § 369.6.
Copies of Form MP–1 may be obtained
from the FMCSA.
■ 4. Amend § 369.8 by revising
paragraph (d) and removing the table
following it, to read as follows.
§ 369.8
filing.
Requests for exemptions from
*
*
*
*
*
(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 § 369.9(d). For Annual
Form M, both the report and the request
are due by March 31.
*
*
*
*
*
■ 5. Amend § 369.9 by removing
paragraph (d)(4) and revising paragraph
(e)(4) and removing the table following
it, to read as follows.
§ 369.9 Requests for exemptions from
public release.
*
*
*
*
*
(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.
*
*
*
*
*
§ 369.11
■
[Removed]
6. Remove § 369.11.
E:\FR\FM\27JNR1.SGM
27JNR1
Federal Register / Vol. 77, No. 124 / Wednesday, June 27, 2012 / Rules and Regulations
Issued on: June 22, 2012.
Anne S. Ferro,
Administrator.
[FR Doc. 2012–15744 Filed 6–26–12; 8:45 am]
BILLING CODE 4910–EX–P
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
49 CFR Part 385
Change to FMCSA Policy on
Calculating and Publicizing the Driver,
Vehicle, and Hazardous Materials Outof-Service Rates and Crash Rates
Federal Motor Carrier Safety
Administration (FMCSA), DOT.
ACTION: Notice of amendment to
enforcement policy.
AGENCY:
As stated in 49 CFR 385.407,
in order for FMCSA to issue a hazardous
materials safety permit (HMSP), a motor
carrier must not have a crash rate, or
driver, vehicle, or hazardous materials
(HM) Out-of-Service (OOS) rate in the
top 30 percentile of the national
average.
The current method for determining
the qualifying crash and OOS rates
under this rule, in effect since the
inception of the HMSP program, utilizes
two years of inspection data from
FMCSA’s Motor Carrier Management
Information System (MCMIS) to
calculate the OOS rates representing the
top or worst-performing 30 percent of
the national average. FMCSA has been
recalculating the threshold crash and
OOS rates every two years, using
MCMIS data from the preceding two
years.
This notice of amendment explains
the new methodology the Agency will
begin to use to calculate the threshold
crash rate and driver, vehicle, and HM
OOS rates that qualify or disqualify a
carrier for HMSP issuance. The revised
methodology uses eight years of data
from MCMIS (data from 2003 to 2010)
to determine the national average for
eligible crash and OOS thresholds that
qualify for an HMSP. These rates will
remain static rather than change every
two years. The Agency decided that
crash and OOS rates, which remain
static over a longer period of time, will
improve safety by providing a clearly
identifiable standard for industry
compliance and minimize the burden
on motor carriers and the HM industry
by allowing more appropriate measures
that ensure eligibility for the HMSP. The
calculations of crash and OOS rates in
this notice of amendment will be
emcdonald on DSK67QTVN1PROD with RULES
SUMMARY:
VerDate Mar<15>2010
13:12 Jun 26, 2012
Jkt 226001
implemented immediately and posted to
FMCSA’s Web site. These new static
rates will remain in effect until further
notice.
DATES: Effective Date: This policy
amendment becomes effective June 27,
2012.
FOR FURTHER INFORMATION CONTACT: Ms.
Roxane Greene, at
Roxane.Greene@dot.gov or phone (202)
366–0735; or John Hardridge, at
John.Hardridge@dot.gov or or (202)
366–0811. Both staff members may be
reached at Federal Motor Carrier Safety
Administration, Office of Enforcement
and Program Delivery, 1200 New Jersey
Avenue SE., Washington, DC 20590.
Office hours are from 8:30 a.m. to
5 p.m., EST, Monday through Friday,
except Federal holidays.
SUPPLEMENTARY INFORMATION: The
HMSP requirement became effective for
motor carriers as of January 1, 2005.
Additionally, 49 CFR part 385, subpart
E identifies which motor carriers must
hold a HMSP, and establishes the
application process for a HMSP. It also
specifies the need for a carrier’s crash
rate and driver, vehicle, and HM OOS
rates to be below the 70th percentile and
describes other conditions that must be
satisfied to qualify for this permit. As
specified in § 385.407(a)(2), FMCSA will
not issue a HMSP to a motor carrier
having a crash rate in the top 30 percent
of the national average, or a driver,
vehicle, HM, or total OOS rate in the top
30 percent of the national average, as
indicated in MCMIS. The methodologies
for calculating these rates are posted on
the FMCSA Web site
www.fmcsa.dot.gov. More conditions
are set forth in § 385.407 that require a
carrier to have a Satisfactory safety
rating, certify that it has a satisfactory
security program, and be properly
registered with the Pipeline and
Hazardous Materials Safety
Administration (PHMSA). The carrier
also is required to submit proof of
minimum levels of financial
responsibility as stated in § 387.9.
Pursuant to 49 CFR 390.19, a motor
carrier is required to file its MCS–150
form with FMCSA every two years. The
application for the HMSP was
incorporated into the MCS–150 as an
expanded version of the form entitled
‘‘MCS–150B or Combined Motor Carrier
Identification Report and HM Permit
Application.’’ Thus, the HMSP must be
renewed every two years. Revision to
the calculations of the crash and OOS
rates will not change this requirement.
On November 7, 2007, FMCSA
published a Notice of Enforcement
Policy (72 FR 62795) explaining the
methodology used by the Agency to
PO 00000
Frm 00045
Fmt 4700
Sfmt 4700
38215
calculate those averages. The rates had
been calculated using roadside
inspection data in MCMIS for both HM
and non-HM inspections for driver and
vehicle OOS rates. For the HM OOS
rate, only inspections that indicated that
HM was present were used. The
applicant motor carriers needed to have
a least three roadside inspections
indicated in MCMIS for each of the 2year rate calculation timeframes. For
instance, when calculating the 2005–
2006 registration cycle rates, in order to
be included in the calculation, a motor
carrier would had to have at least three
roadside inspections during the 2003–
2004 time period.
During the course of the program, the
calculated 70th percentile OOS
thresholds have fluctuated causing
uncertainty in the industry. It has
become increasingly more difficult for a
motor carrier to attain or retain a HMSP
because it must maintain OOS rates
below 7.14% for drivers, 33.33% for
vehicles, and 3.45% for HM. These rates
compare with the national averages for
all motor carriers at 5.51%, 20.72%, and
4.50% respectively.
A historical picture of the OOS and
crash rates, data from the entire eightyear period since the inception of the
program, was used in the calculations
(2003–2010) for the fixed rates. This
provides a balanced perspective of
motor carrier performance over a longer
period of time and virtually eliminates
the short term fluctuations that some
motor carriers experience. It is also
reflective of all of the time periods used
to calculate rates for the present and
three former registration periods. The
threshold rate calculation included only
carriers that had at least 12 inspections
over the 8 years previously described,
making this analysis comparable to the
3-inspections-per-cycle method used in
previous calculations. The main
difference in the fixed-rate calculations
when compared to previous 2-year
calculations is that, due to the number
of inspections required during the
extended timeframe (12), the number of
inspections with an HM OOS rate of
0.00% decreased. This resulted in
raising the overall HM OOS average for
the population of motor carriers used in
the calculation, and while higher, it is
a more appropriate indicator of
placarded motor carriers’ roadside
inspection HM OOS performance.
In order to calculate the fixed crash
rate, a MCMIS snapshot was taken on
February 24, 2012. The 8-year period
was divided into four 2-year periods
reflecting fiscal years (FY) 2003–2004,
FY 2005–2006, FY 2007–2008, and FY
2009–2010. Qualifying motor carriers
had at least 2 crashes in at least one 2-
E:\FR\FM\27JNR1.SGM
27JNR1
]]>Agencies
[Federal Register Volume 77, Number 124 (Wednesday, June 27, 2012)]
[Rules and Regulations]
[Pages 38211-38215]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-15744]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
49 CFR Part 369
[Docket No. FMCSA-2012-0020]
RIN-2126-AB48
Rescission of Quarterly Financial Reporting Requirements
AGENCY: Federal Motor Carrier Safety Administration, DOT.
ACTION: Direct final rule.
-----------------------------------------------------------------------
SUMMARY: By direct final rule, the Federal Motor Carrier Safety
Administration (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 can be removed without an adverse impact on safety or the
Agency's ability to maintain effective commercial regulations over the
for-hire trucking and passenger-carrying industries.
DATES: This rule is effective August 27, 2012, unless an adverse
comment, or notice of intent to submit an adverse comment, is either
submitted to our online docket via https://www.regulations.gov on or
before July 27, 2012 or reaches the Docket Management Facility by that
date. If an adverse comment, or notice of intent to submit an adverse
comment, is received by July 27, 2012, we will withdraw this direct
final rule and publish a timely notice of withdrawal in the Federal
Register.
ADDRESSES: You may submit comments identified by docket number FMCSA-
2012-0020 using any one of the following methods:
(1) Federal eRulemaking Portal: https://www.regulations.gov.
(2) Fax: 202-493-2251.
(3) Mail: Docket Management Facility (M-30), U.S. Department of
Transportation, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE., Washington, DC 20590-0001.
(4) Hand delivery: Same as mail address above, between 9 a.m. and 5
p.m. e.t., Monday through Friday, except Federal holidays. The
telephone number is 202-366-9329.
To avoid duplication, please use only one of these four methods.
See the ``Public Participation and Comments'' portion of the
SUPPLEMENTARY INFORMATION section below for instructions on submitting
comments.
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:
I. Public Participation and Comments
If you would like to participate in this rulemaking, you may submit
comments and related materials. All comments received will be posted,
without change, to https://www.regulations.gov and will include any
personal information you have provided.
A. Submitting Comments
If you submit a comment, please include the docket number for this
rulemaking (FMCSA-2012-0020), indicate the specific section of this
document to which each 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. We recommend that you include your name and a mailing
address, an email address, or a phone number in the body of your
document so that we can contact you if we have questions regarding your
submission. As a reminder, FMCSA will only consider adverse comments as
defined in 49 CFR 389.39(b) and explained below.
To submit your comment online, go to https://www.regulations.gov,
click on the ``submit a comment'' box, which will then become
highlighted in blue. In the ``Document Type'' drop down menu select
``Rule'' and insert ``FMCSA-2012-0020'' in the ``Keyword'' box. Click
``Search,'' then click on the balloon shape in the ``Actions'' column.
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 them by mail and would
like to know that they reached the facility, please enclose a stamped,
self-addressed postcard or envelope.
B. Viewing Comments and Documents
To view comments, go to https://www.regulations.gov, click on the
``read comments'' box, which will then become highlighted in blue. In
the ``Keyword'' box insert ``FMCSA-2012-0020'' and click ``Search.''
Click the ``Open Docket Folder'' in the ``Actions'' column. 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.
C. 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
[[Page 38212]]
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).
II. Regulatory Information
FMCSA publishes this direct final rule under 49 CFR 389.11 and
389.39, because the Agency has determined that the rule makes non-
controversial, minor amendments to 49 CFR part 369 that will reduce
reporting requirements for certain for-hire motor carriers. FMCSA does
not expect any adverse comments. If no adverse comments or notices of
intent to submit an adverse comment are received by July 27, 2012, this
rule will become effective as stated in the DATES section. In that
case, approximately 30 days before the effective date, we will publish
a document in the Federal Register stating that no adverse comments
were received and confirming that this rule will become effective as
scheduled. However, if we receive any adverse comments or notices of
intent to submit an adverse comment, we will publish a document in the
Federal Register announcing the withdrawal of all or part of this
direct final rule. If we decide to proceed with a rulemaking following
receipt of any adverse comments, we will publish a separate notice of
proposed rulemaking (NPRM) and provide a new opportunity for comment.
A comment is considered ``adverse'' if the comment explains why
this rule or a part of this rule would be inappropriate, including a
challenge to its underlying premise or approach, or would be
ineffective or unacceptable without a change.
III. Background
Annual Financial Reporting Requirements
Section 14123 of title 49, United States Code, requires the filing
of annual financial reports by certain for-hire motor carriers of
property and household goods (Form M).
The annual reporting program was implemented on Dec. 24, 1938 (3 FR
3158) (the first annual report for 1938 was due by Mar. 31, 1939) and
subsequently was transferred from the Interstate Commerce Commission
(ICC) to the U.S. Department of Transportation's (DOT) Bureau of
Transportation Statistics (BTS) on January 1, 1996. The Secretary of
DOT delegated to BTS the responsibility for the program on December 17,
1996 (61 FR 68162-02). Responsibility for collection of Form M (for-
hire property carriers, including household goods carriers) and Form
MP-1 (for-hire passenger carriers), including quarterly reporting
requirements for such forms (Form QFR), was transferred from the BTS to
the FMCSA on August 17, 2004 (69 FR 51009), and the regulations were
redesignated as 49 CFR part 369 on August 10, 2006 (71 FR 45740). FMCSA
has continued to collect carriers' annual reports and to furnish copies
of the reports requested under the Freedom of Information Act.
Quarterly Financial Reporting
Subsection 14123(a)(2) of title 49, United States Code, allows the
Agency to require quarterly financial reports from for-hire property
and passenger carriers, but it does not mandate that the Agency require
these reports to be submitted. These requirements are included 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.
E.O. 13563 Improving Regulation and Regulatory Review
On January 18, 2011, the President issued Executive Order 13563,
``Improving Regulation and Regulatory Review'' (76 FR 3821, January 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).
A public meeting on this issue was held on March 14, 2011. DOT placed
all of the comments it received in docket DOT-OST-2011-0025, along with
a transcript of the March 14 meeting. DOT received 102 comments, many
offering multiple suggestions. One person argued that the financial
reporting requirements transferred from the ICC to FMCSA provide no
discernible benefits to the government or industry.
FMCSA rescinds 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 burden can be removed
without an adverse impact on safety or the Agency[acute]s ability to
maintain effective commercial regulations over the for-hire trucking
and passenger-carrying industries. FMCSA does not currently use the
quarterly reports because the reports cover a small subset of the motor
carriers of property and motor carriers of passengers that are subject
to the Agency's safety oversight and the financial reporting data is
not necessary to monitor carriers' safety performance. 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.
This direct final rulemaking is non-controversial because it
``Make[s] minor changes to rules regarding statistics and reporting
requirements, such as a change in reporting period (for example, from
quarterly to annually) or eliminat[es] a type of data collection no
longer necessary'' 49 CFR 389.39(a)(5). Elimination of the outdated and
unnecessary quarterly reporting requirement falls squarely within the
intended purpose of a direct final rule. FMCSA, therefore, finds there
is good cause to dispense with the normal notice and comment procedures
since reducing the reporting requirement is not likely to be
controversial. Consequently, receipt of public comments prior to
finalizing this action is unnecessary. 49 CFR 389.11.
IV. 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.
In the course of redesignating 49 CFR part 1420 as 49 CFR part 369
in 2006 (August 10, 2006, 71 FR 45740), the authority citation for part
369 was inadvertently corrupted by adding references to (1) 5 U.S.C.
553 and 559 of the Administrative Procedure Act relating to rulemaking
and administrative law judges, and (2) 16 U.S.C. 1456, a provision of
the Coastal Zone Management Act (CZMA) of 1972. These statutes provide
no authority for part 369 and the references have therefore been
removed.
V. Regulatory Analyses
When developing this direct final rule, FMCSA considered numerous
statutes and executive orders related to rulemaking. The Agency's
analyses are summarized below.
A. Regulatory Planning and Review
Under Executive Order (E.O.) 12866 (58 FR 51735, October 4, 1993)
as supplemented by E.O. 13563 (76 FR
[[Page 38213]]
3821, January 18, 2011), FMCSA must determine whether a regulatory
action is ``significant'' and, therefore, subject to Office of
Management and Budget (OMB) review and the requirements of the E.O. The
Order defines ``significant regulatory action'' as one that is likely
to result in a rule that may:
(1) Have an annual effect on the economy of $100 million or more or
adversely affect in a material way the economy, a sector of the
economy, productivity, competition, jobs, the environment, public
health or safety, or State, local, or tribal governments or
communities.
(2) Create a serious inconsistency or otherwise interfere with an
action taken or planned by another agency.
(3) Materially alter the budgetary impact of entitlements, grants,
user fees, or loan programs or the rights and obligations of recipients
thereof.
(4) Raise novel legal or policy issues arising out of legal
mandates, the President's priorities, or the principles set forth in
the E.O.
This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866, Regulatory Planning and Review, and does not
require an assessment of potential costs and benefits under section
6(a)(3) of that Order. The Office of Management and Budget (OMB) has
not reviewed it under that Order. This rule will not have a significant
economic impact. In fact, elimination of the reporting requirement
will, if anything, have a beneficial economic impact on industry.
B. 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), FMCSA is not required to prepare a final
regulatory flexibility analysis under 5 U.S.C. 604(a) for this final
rule because the agency has not issued an NPRM prior to this action.
C. Paperwork Reduction Act
This rule 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). 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
111 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 111 carriers that file quarterly reports
yields a total burden estimate of 200 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).\1\ Two adjustments are made to this
hourly compensation estimate. First, employee benefits are estimated at
50.0 percent of the employee wage.\2\ Second, employee wage and
benefits are increased by 27 percent to include relevant firm
overhead.\3\ 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 $9,868 ($49.34 x 200 hours = $9,868.00).
---------------------------------------------------------------------------
\1\ Bureau of Labor Statistics, ``Occupational Employment
Survey''. May 2010. https://www.bls.gov/oes/current/naics3_484000.htm (accessed December 15, 2011). North American Industry
Classification System (NAICS) 484000, Truck Transportation, Standard
Occupational Classification (SOC) 13-2011, Accountants and Auditors.
\2\ FMCSA estimates this 50% 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''. Accessed on 23-August-2011 at https://www.bls.gov/news.release/pdf/ecec.pdf.
\3\ Berwick, Farooq. ``Truck Costing Model for Transportation
Managers''. Upper Great Plains Transportation Institute, North
Dakota State University (2003) accessed on 23-August-2011 at https://ntl.bts.gov/lib/24000/24200/24223/24223.pdf.
---------------------------------------------------------------------------
The Class I passenger carrier financial quarterly survey (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 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).\4\ Two adjustments are
made to this hourly estimate. First, employee benefits are estimated at
50.0 percent of the employee wage.\5\ Second, employee wage and
benefits are increased by 27 percent to include relevant firm
overhead.\6\ 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).
---------------------------------------------------------------------------
\4\ Bureau of Labor Statistics, ``Occupational Employment
Survey''. May 2010. https://www.bls.gov/oes/current/naics4_485200.htm (accessed December 15, 2011). North American Industry
Classification System (NAICS) 485200, Interurban and Rural Bus
Transportation, Standard Occupational Classification (SOC) 13-2000,
Business and Financial Operations Occupations.
\5\ FMCSA estimates this 50% 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''. Accessed on 23-August-2011 at https://www.bls.gov/news.release/pdf/ecec.pdf.
\6\ Berwick, Farooq. ``Truck Costing Model for Transportation
Managers''. Upper Great Plains Transportation Institute, North
Dakota State University (2003) accessed on 23-August-2011 at https://ntl.bts.gov/lib/24000/24200/24223/24223.pdf.
---------------------------------------------------------------------------
Collectively, eliminating these reporting requirements reduces the
burden to industry by 202.4 hours and $9,989.
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.
D. Federalism
A rule has federalism implications under Executive Order 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 rule
under that Order and have determined that it does not have federalism
implications.
E. 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
[[Page 38214]]
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 rule would
not result in such an expenditure.
F. Taking of Private Property
This rule will not effect a taking of private property or otherwise
have taking implications under Executive Order 12630, Governmental
Actions and Interference with Constitutionally Protected Property
Rights.
G. Civil Justice Reform
This rule meets applicable standards in sections 3(a) and 3(b)(2)
of Executive Order 12988, Civil Justice Reform, to minimize litigation,
eliminate ambiguity, and reduce burden.
H. Protection of Children
FMCSA has analyzed this rule under Executive Order 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.
I. Energy Effects
FMCSA has analyzed this rule under Executive Order 13211, Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. The Agency has determined that it is not a
``significant energy action'' under that order because it is not a
``significant regulatory action'' under Executive Order 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 Executive Order 13211.
J. Environment
The Agency analyzed this direct final rule for the purpose of the
National Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321 et
seq.) and determined under our environmental procedures Order 5610.1,
published March 1, 2004 (69 FR 9680), that this action is categorically
excluded under two categorical exclusions (CEs) in the Order from
further environmental documentation. These are found in Appendix 2,
paragraph 4, which covers data and information gathering, and Appendix
2, paragraph 6(y)(2) concerning reports provided by motor carriers.
This direct final rulemaking makes minor changes to rules regarding ``a
change in reporting period (for example, from quarterly to annually) or
eliminating a type of data collection no longer necessary,'' as
authorized by 49 CFR 389.39(a)(5). 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.
FMCSA also analyzed this rule under the Clean Air Act, as amended
(CAA), section 176(c), (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.
The Categorical Exclusion Determination is available for inspection
or copying in the regulations.gov Web site listed under ADDRESSES.
List of Subjects in 49 CFR Part 369
Motor carriers, Reporting and recordkeeping requirements.
In consideration of the foregoing, FMCSA amends 49 CFR part 369 in
title 49, Code of Federal Regulations, chapter III, subchapter B, as
follows:
PART 369--[AMENDED]
0
1. The authority citation for part 369 is revised to read as follows.
Authority: 49 U.S.C. 14123; 49 CFR 1.73.
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 reports
with the Federal Motor Carrier Safety Administration at the address in
Sec. 369.6. You can obtain blank copies of the report forms from the
Federal Motor Carrier Safety Administration Web site https://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 thirteen 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 thirteen 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 in duplicate 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 paragraph (d) and removing the table
following it, to read as follows.
Sec. 369.8 Requests for exemptions from filing.
* * * * *
(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.
* * * * *
0
5. Amend Sec. 369.9 by removing paragraph (d)(4) and revising
paragraph (e)(4) and removing the table following it, to read as
follows.
Sec. 369.9 Requests for exemptions from public release.
* * * * *
(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.
[[Page 38215]]
Issued on: June 22, 2012.
Anne S. Ferro,
Administrator.
[FR Doc. 2012-15744 Filed 6-26-12; 8:45 am]
BILLING CODE 4910-EX-P
