Rescission of Quarterly Financial Reporting Requirements, 76241-76245 [2013-29936]

Agencies

• Federal Motor Carrier Safety Administration
• DEPARTMENT OF TRANSPORTATION

[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]


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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.

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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 https://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.
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    \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 https://archive.sba.gov/advo/laws/rfaguide.pdf.
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    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).
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    \3\ Bureau of Labor Statistics, ``Occupational Employment 
Survey,'' May 2010, retrieved December 15, 2011, from https://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 
https://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 
https://ntl.bts.gov/lib/24000/24200/24223/24223.pdf.
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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).
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    \6\ Bureau of Labor Statistics, ``Occupational Employment 
Survey,'' May 2010, retrieved December 15, 2011, from https://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.''
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    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 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 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]
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