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

Download as PDF Federal Register / Vol. 78, No. 242 / Tuesday, December 17, 2013 / Rules and Regulations lll (entity) restricts by contract any intermediate provider to which a call is directed by lll (entity) from permitting more than one additional intermediate provider in the call path before the call reaches the terminating provider or terminating tandem. I certify that any nondisclosure agreement with an intermediate provider permits lll (entity) to reveal the identity of the intermediate provider and any additional intermediate provider to the Commission and to the rural incumbent local exchange carrier(s) whose incoming long-distance calls are affected by the intermediate provider’s performance. I certify that lll (entity) has a process in place to monitor the performance of its intermediate providers. (2) Covered providers that file the second certification must describe the process they have in place to monitor the performance of their intermediate providers. (b) A covered provider that meets the requirements described in paragraph (a) of this section must comply with the data retention requirements in § 64.2103 for a period that includes only the three most recent complete calendar months, so long as it continues to meet the requirements of paragraph (a) of this section. A covered provider that ceases to meet the requirements described in paragraph (a) of this must immediately begin retaining data for six months, as required by § 64.2103. (c) A covered provider that meets the requirements described in paragraph (a) of this section must comply with the reporting requirements in § 64.2105 for a period of one year commencing when it first filed the certification described in paragraph (a) of this section, so long as it continues to meet those paragraph (a) of this section requirements. A covered provider that ceases to meet the requirements described in paragraph (a) of this section must begin filing the reports required by § 64.2105 on the next filing deadline. (d) Affiliated covered providers may meet the requirements of paragraph (a) of this section individually or in the aggregate. wreier-aviles on DSK5TPTVN1PROD with RULES § 64.2109 Disclosure of data. (a) Providers subject to the reporting requirements in § 64.2105 of this chapter may make requests for Commission nondisclosure of the data submitted under § 0.459 of this chapter by so indicating on the report at the time that the data are submitted. (b) The Chief of the Wireline Competition Bureau will release information to states upon request, if the VerDate Mar<15>2010 15:00 Dec 16, 2013 Jkt 232001 states are able to maintain the confidentiality of this information. ■ 3. Add subpart W, consisting of § 64.2201, to read as follows: 76241 international calls while they are within the United States. [FR Doc. 2013–29867 Filed 12–16–13; 8:45 am] BILLING CODE 6712–01–P Subpart W—Ring Signaling Integrity § 64.2201 Ringing indication requirements. (a) A long-distance voice service provider shall not convey a ringing indication to the calling party until the terminating provider has signaled that the called party is being alerted to an incoming call, such as by ringing. (1) If the terminating provider signals that the called party is being alerted and provides an audio tone or announcement, originating providers must cease any locally generated audible tone or announcement and convey the terminating provider’s tone or announcement to the calling party. (2) The requirements in this paragraph apply to all voice call signaling and transmission technologies and to all long-distance voice service providers, including local exchange carriers as defined in § 64.4001(e), interexchange carriers as defined in § 64.4001(d), providers of commercial mobile radio service as defined in § 20.3 of this chapter, providers of interconnected voice over Internet Protocol (VoIP) service as defined in 47 U.S.C. 153(25), and providers of noninterconnected VoIP service as defined in 47 U.S.C. 153(36) to the extent such providers offer the capability to place calls to or receive calls from the public switched telephone network. (b) Intermediate providers must return unaltered to providers in the call path any signaling information that indicates that the terminating provider is alerting the called party, such as by ringing. (1) An intermediate provider may not generate signaling information that indicates the terminating provider is alerting the called party. An intermediate provider must pass the signaling information indicating that the called party is being alerted unaltered to subsequent providers in the call path. (2) Intermediate providers must also return unaltered any audio tone or announcement provided by the terminating provider. (3) In this section, the term ‘‘intermediate provider’’ has the same meaning as in § 64.1600(f). (4) The requirements in this section apply to all voice call signaling and transmission technologies. (c) The requirements in paragraphs (a) and (b) of this section apply to both interstate and intrastate calls, as well as to both originating and terminating PO 00000 Frm 00047 Fmt 4700 Sfmt 4700 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 Federal Motor Carrier Safety Administration (FMCSA), DOT. ACTION: Final rule. AGENCY: 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 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. SUMMARY: 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. E:\FR\FM\17DER1.SGM 17DER1 76242 Federal Register / Vol. 78, No. 242 / Tuesday, December 17, 2013 / Rules and Regulations 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 ..................................... Benefits ................................. Net Benefits .......................... $0 9,900 9,900 Viewing Comments and Documents To view comments, as well as documents mentioned in this preamble as being available in the docket, go to http://www.regulations.gov and insert ‘‘FMCSA–2012–0020’’ in the ‘‘Search’’ box and then click on ‘‘Search.’’ Click on the ‘‘Open Docket Folder’’ link and all the information for the notice, and the list of comments will appear with a link to each one. Click on the comment you would like to read. If you do not have access to the Internet, you may also view the docket online by visiting the Docket Management Facility in Room W12–140 on the ground floor of the Department of Transportation West Building, 1200 New Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m. e.t., Monday through Friday, except Federal holidays. Privacy Act Anyone can search the electronic form of comments received into any of our dockets by the name of the individual submitting the comment (or signing the comment, if submitted on behalf of an association, business, labor union, etc.). You may review a Privacy Act notice regarding our public dockets in the January 17, 2008, issue of the Federal Register (73 FR 3316). wreier-aviles on DSK5TPTVN1PROD with RULES Background Annual Financial Reporting Requirements Section 14123 of title 49 of the United States Code (U.S.C.) requires certain forhire 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 VerDate Mar<15>2010 15:00 Dec 16, 2013 Jkt 232001 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 forhire 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 PO 00000 Frm 00048 Fmt 4700 Sfmt 4700 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 E:\FR\FM\17DER1.SGM 17DER1 Federal Register / Vol. 78, No. 242 / Tuesday, December 17, 2013 / Rules and Regulations 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). wreier-aviles on DSK5TPTVN1PROD with RULES 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 VerDate Mar<15>2010 15:00 Dec 16, 2013 Jkt 232001 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 nonsignificant, 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 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 PO 00000 Frm 00049 Fmt 4700 Sfmt 4700 76243 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. 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 × 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 Act,’’ Small Business Administration (2010), retrieved February 13, 2013, from http:// archive.sba.gov/advo/laws/rfaguide.pdf. 3 Bureau of Labor Statistics, ‘‘Occupational Employment Survey,’’ May 2010, retrieved E:\FR\FM\17DER1.SGM Continued 17DER1 76244 Federal Register / Vol. 78, No. 242 / Tuesday, December 17, 2013 / Rules and Regulations 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 × (1 + 0.50) × (1 + 0.27) = $49.34). The total annual salary cost burden associated with the filings is $9,770 rounded up ($49.34 × 198 hours = $9,769.32). wreier-aviles on DSK5TPTVN1PROD with RULES 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 × 18/60 × 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 December 15, 2011, from http://www.bls.gov/oes/ current/naics3_484000.htm. North American Industry Classification System (NAICS) 484000, Truck Transportation, Standard Occupational Classification (SOC) 13–2011, Accountants and Auditors. 4 FMCSA estimates this 50 percent employee benefit rate by using the private industry average wage ($16.03 per hour) and benefit information ($8.01 per hour) for production, transportation, and moving material workers. Benefits thus amount to 50.0 percent of wages (0.500 = $8.01/$16.03). From ‘‘Employer Costs for Employee Compensation— September 2010,’’ retrieved August 23, 2011, from http://www.bls.gov/news.release/pdf/ecec.pdf. 5 Berwick, Farooq. ‘‘Truck Costing Model for Transportation Managers.’’ Upper Great Plains Transportation Institute, North Dakota State University (2003), retrieved January 9, 2013, from http://ntl.bts.gov/lib/24000/24200/24223/ 24223.pdf. 6 Bureau of Labor Statistics, ‘‘Occupational Employment Survey,’’ May 2010, retrieved December 15, 2011, from http://www.bls.gov/oes/ current/naics4_485200.htm. North American Industry Classification System (NAICS) 485200, Interurban and Rural Bus Transportation, Standard Occupational Classification (SOC) 13–2000, Business and Financial Operations Occupations. 7 FMCSA estimates this 50 percent employee benefit rate by using the private industry average VerDate Mar<15>2010 15:00 Dec 16, 2013 Jkt 232001 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 × (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 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 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.’’ PO 00000 Frm 00050 Fmt 4700 Sfmt 4700 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), E:\FR\FM\17DER1.SGM 17DER1 Federal Register / Vol. 78, No. 242 / Tuesday, December 17, 2013 / Rules and Regulations 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 1. The authority citation for part 369 continues to read as follows. wreier-aviles on DSK5TPTVN1PROD with RULES Authority: 49 U.S.C. 14123; 49 CFR 1.87. 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. VerDate Mar<15>2010 * * 15:00 Dec 16, 2013 Jkt 232001 § 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 § 369.6. Copies of Form MP–1 may be obtained from the FMCSA. § 369.8 filing. ■ * 3. Revise § 369.4 to read as follows. 4. Amend § 369.8 by revising paragraphs (a) and (d) to read as follows. PART 369—REPORTS OF MOTOR CARRIERS * ■ ■ Motor carriers, Reporting and recordkeeping requirements. In consideration of the foregoing, FMCSA amends part 369 in 49 CFR chapter III, subchapter B, as follows: * (b) Where to file report. Carriers must file the annual report with the Federal Motor Carrier Safety Administration at the address in § 369.6. You can obtain blank copies of the report form from the Federal Motor Carrier Safety Administration Web site http:// www.fmcsa.dot.gov/forms/reporting/ mcs_info.htm#fos. Requests for exemptions from (a) General. This section governs requests for exemptions from filing of the report required under § 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 § 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. * * * * * 5. Amend § 369.9 by removing paragraph (d)(4) and revising paragraphs (a) and (e)(4) to read as follows. ■ PO 00000 Frm 00051 Fmt 4700 Sfmt 4700 76245 § 369.9 Requests for exemptions from public release. (a) General. This section governs requests for exemptions from public release of the report required under § 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. * * * * * § 369.11 ■ [Removed] 6. Remove § 369.11. Issued under the authority delegated in 49 CFR 1.87 on: November 26, 2013. Anne S. Ferro, Administrator. [FR Doc. 2013–29936 Filed 12–16–13; 8:45 am] BILLING CODE 4910–EX–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 679 [Docket No. 121018563–3148–02] RIN 0648–XD029 Fisheries of the Exclusive Economic Zone Off Alaska; Greenland Turbot in the Bering Sea Subarea of the Bering Sea and Aleutian Islands Management Area National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Temporary rule; closure. AGENCY: NMFS is prohibiting directed fishing for Greenland turbot in the Bering Sea subarea of the Bering Sea and Aleutian Islands management area (BSAI). This action is necessary to prevent exceeding the 2013 Greenland turbot initial total allowable catch (ITAC) in the Bering Sea subarea of the BSAI. DATES: Effective 1200 hrs, Alaska local time (A.l.t.), December 12, 2013, through 2400 hrs, A.l.t., December 31, 2013. FOR FURTHER INFORMATION CONTACT: Josh Keaton, 907–586–7269. SUPPLEMENTARY INFORMATION: NMFS manages the groundfish fishery in the SUMMARY: E:\FR\FM\17DER1.SGM 17DER1

Agencies

[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 http://www.regulations.gov and 
insert ``FMCSA-2012-0020'' in the ``Search'' box and then click on 
``Search.'' Click on the ``Open Docket Folder'' link and all the 
information for the notice, and the list of comments will appear with a 
link to each one. Click on the comment you would like to read. If you 
do not have access to the Internet, you may also view the docket online 
by visiting the Docket Management Facility in Room W12-140 on the 
ground floor of the Department of Transportation West Building, 1200 
New Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m. 
e.t., Monday through Friday, except Federal holidays.

Privacy Act

    Anyone can search the electronic form of comments received into any 
of our dockets by the name of the individual submitting the comment (or 
signing the comment, if submitted on behalf of an association, 
business, labor union, etc.). You may review a Privacy Act notice 
regarding our public dockets in the January 17, 2008, issue of the 
Federal Register (73 FR 3316).

Background

Annual Financial Reporting Requirements

    Section 14123 of title 49 of the United States Code (U.S.C.) 
requires certain for-hire motor carriers of property, household goods, 
and passengers to file annual financial reports. Annual financial 
reports are filed on Form M (for-hire property carriers, including 
household goods carriers) and Form MP-1 (for-hire passenger carriers). 
FMCSA has continued to collect carriers' annual reports and to furnish 
copies of the reports requested under the Freedom of Information Act. 
These requirements remain in effect. Section 14123(d) requires FMCSA to 
streamline and simplify, to the maximum extent practicable,'' any 
reporting requirement under this section.

Quarterly Financial Reporting

    Section 14123(a)(2) of 49 U.S.C. allows, but does not require, the 
Agency to require for-hire property and passenger carriers to file 
quarterly financial reports. These requirements are in 49 CFR part 369 
and apply to Class I (average annual gross transportation operating 
revenues of $10 million or more) and Class II (average annual gross 
transportation operating revenues of $3 million dollars or more, but 
less than $10 million) for-hire motor carriers of property. The 
requirements also apply to Class I (average annual gross transportation 
operating revenues of $5 million or more) for-hire motor carriers of 
passengers. This information is submitted on Form QFR for property 
carriers and Form MP-1 Quarterly for passenger carriers.

E.O. 13563 Improving Regulation and Regulatory Review

    On January 18, 2011, the President issued Executive Order (E.O.) 
13563, ``Improving Regulation and Regulatory Review,'' 76 FR 3821 (Jan. 
21, 2011), which required agencies, among other things, to prepare 
plans for reviewing existing rules. On February 16, 2011, DOT published 
a notice requesting comments on its regulatory review plan (76 FR 
8940). One person argued that the financial reporting requirements 
transferred from the ICC to FMCSA provide no discernible benefits to 
the government or motor carrier industry.

Direct Final Rule

    On June 27, 2012, FMCSA published a direct final rule that would 
have eliminated the quarterly financial reporting requirements for 
certain for-hire motor carriers of property (Form QFR) and for-hire 
motor carriers of passengers (Form MP-1 Quarterly) if no adverse 
comments were received by July 27, 2012 (77 FR 38211). One entity, SJ 
Consulting Group, submitted adverse comments and stated that it uses 
the quarterly financial information to advise motor carriers, shippers, 
and persons interested in buying motor carriers. It stated that the 
quarterly report filings provide useful insight into the U.S. trucking 
industry, such as operating statistics that are not available from 
other public sources, particularly for private carriers. Although SJ 
Consulting acknowledged that some data on general demand and pricing 
trends are available from other sources, it believed that quarterly 
data on the profitability of carriers are essential in providing safe 
and timely service to shippers, estimating future growth rates, and 
assessing opportunities for profitable investment in the trucking 
industry. SJ Consulting has used Form QFR quarterly report filings for 
these purposes for many years. FMCSA considered this an adverse comment 
and the Agency withdrew the direct final rule on August 27, 2012 (77 FR 
51705).
    Although FMCSA considered SJ Consulting's comment adverse for the 
direct final rule, it continues to believe the quarterly financial 
reporting requirements for certain for-hire motor carriers of property 
(on Form QFR) and for-hire motor carriers of passengers (on Form MP-1 
Quarterly) can be eliminated without an adverse impact on safety. The 
information collected does not currently support any Agency regulatory 
function, nor does it have practical utility for the Agency or for 
those carriers who must comply with the reporting requirement.

Notice of Proposed Rulemaking (NPRM)

    On May 24, 2013, FMCSA published the NPRM for comment with a 60-day 
comment period under Regulatory Identification Number (RIN) 2126-AB48. 
The NPRM proposed to amend 49 CFR part 369 by eliminating the quarterly 
reporting requirement under 49 CFR 369.1 and 369.4 (78 FR 31475). In 
addition, FMCSA proposed making other conforming technical amendments 
to 49 CFR 369.8, 369.9, and 369.11. A new RIN 2126-AB69 was assigned 
for this final rule.

Discussion of the Comments

    Three comments were received. Two industry associations (American 
Trucking Associations, Inc. (ATA) and National Motor Freight Traffic 
Association, Inc.) filed comments in support of the proposal to 
eliminate the quarterly financial report. A third commenter, a private 
citizen from Florida, supported eliminating the reporting requirement, 
noting the change will save motor carriers significant time. ATA 
requested that FMCSA expand the proposal to include elimination of the 
Form M annual report as well, given the fact that the Agency has not 
had any staff working on compiling or analyzing the for-hire motor 
carrier financial reports for many years.
    As FMCSA explained in the June 27, 2012, direct final rule and the 
May 24, 2013, NPRM, 49 U.S.C. 14123 requires certain for-hire motor 
carriers of

[[Page 76243]]

property and household goods to file annual financial reports. Congress 
has given FMCSA no discretion to rescind or repeal annual financial 
reports. In its 2011 reauthorization technical drafting assistance, the 
Agency proposed a repeal of the annual reporting requirement, but the 
repeal provision was omitted from the final version of the bill that 
became the Moving Ahead for Progress in the 21st Century Act, Public 
Law 112-141 (MAP-21). FMCSA, however, has lessened the burden of annual 
reporting by eliminating the requirement to file Form MP-1 report in 
duplicate. Form M filers for property carriers have not been required 
to file in duplicate since 1999 (64 FR 13916, March 23, 1999). A single 
copy of Form MP-1 will now be required. This is consistent with our 
mandate to ``streamline and simplify'' reporting requirements under 49 
USC 14123(d).
    FMCSA received a letter from SJ Consulting on July 23, 2013, 
requesting the Agency to extend the NPRM comment period, but FMCSA 
denied the request on August 14, 2013. The Agency believes all 
interested parties were provided ample opportunity to respond to the 
NPRM, especially since the Agency provided for a 60-day comment period 
in its June 27, 2012, direct final rule and also the 60-day comment 
period for the NPRM. FMCSA also said in its denial of SJ Consulting's 
request that it would consider late comments to the extent practicable. 
The Administrative Procedure Act requires only 30 days for public 
comment. 5 U.S.C. 553(d).

Discussion of the Rule

    For the reasons discussed in the Background section, above, FMCSA 
amends 49 CFR part 369 by eliminating the quarterly reporting 
requirement under 49 CFR 369.1 and 369.4. In addition, FMCSA makes 
other conforming technical amendments to 49 CFR 369.8, 369.9, and 
369.11. This final rule does not affect the annual reporting 
requirements, which still must be completed and filed as required by 
statute (49 U.S.C. 14123(a)(1)). In accordance with 49 USC 14123(d), 
the final rule does simplify and streamline the reporting requirement 
by eliminating in 49 CFR 369.4 the requirement to submit the annual 
report in duplicate.

Regulatory Analyses

Regulatory Planning and Review

    FMCSA has determined that this action does not meet the criteria 
for a ``significant regulatory action'' as specified in Executive Order 
12866, as supplemented by Executive Order 13563, or within the meaning 
of the Department of Transportation regulatory policies and procedures 
(44 FR 11034, Feb. 26, 1979). This rulemaking is not a significant 
regulatory action under section 3(f) of E.O. 12866, and does not 
require an assessment of potential costs and benefits under section 
6(a)(3) of that Order. This rulemaking will not have a significant 
economic impact. In fact, elimination of the reporting requirement will 
have a beneficial, albeit non-significant, economic impact on the motor 
carrier industry through reduced reporting costs. Consequently, the OMB 
has not reviewed this rule under that Order.

Small Entities

    Under the Regulatory Flexibility Act (RFA), as amended by the Small 
Business Regulatory Enforcement Fairness Act of 1996 (Pub. L. 104-121, 
Title II, 110 Stat. 857), when an agency issues a rulemaking, the RFA 
requires the agency to ``prepare and make available for public comment 
a final regulatory flexibility analysis'' that will ``describe the 
impact of the proposed rule on small entities'' (5 U.S.C. 603(a)) or 
certify the final rule will not have a significant economic impact on a 
substantial number of small entities (5 U.S.C. 605).
    FMCSA has determined that the impact on entities affected by this 
final rule will not be significant. In fact, the existing burden from 
quarterly reporting will be eliminated. FMCSA expects the impact of the 
rule will be a reduction in the paperwork burden for for-hire motor 
carriers. FMCSA asserts that the economic impact of the reduction in 
paperwork, if any, will be minimal and entirely beneficial to small 
for-hire motor carriers. As can be seen below under section C., 
Paperwork Reduction Act, FMCSA estimates that eliminating these 
reporting requirements will reduce the burden to the for-hire motor 
carrier industry by about 200 hours and $9,900 annually.
    Courts have held that ``a regulatory flexibility analysis is 
required when an agency determines that the rule will have a 
significant economic impact on a substantial number of small entities 
that are subject to the requirements of the rule.'' \1\ The RFA does 
not require FMCSA to consider the effect of this rule on entities that 
are not subject to the rule.\2\ Although SJ Consulting Group filed an 
adverse comment to the FMCSA's June 27, 2012, direct final rule, it is 
not a for-hire motor carrier and, therefore, not subject to the current 
financial reporting rule. In any event, FMCSA has determined that this 
rule will not have an impact on a substantial number of small entities 
that are subject to the requirements of the rule.
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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 http://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 http://www.bls.gov/oes/current/naics3_484000.htm. North American Industry 
Classification System (NAICS) 484000, Truck Transportation, Standard 
Occupational Classification (SOC) 13-2011, Accountants and Auditors.
    \4\ FMCSA estimates this 50 percent employee benefit rate by 
using the private industry average wage ($16.03 per hour) and 
benefit information ($8.01 per hour) for production, transportation, 
and moving material workers. Benefits thus amount to 50.0 percent of 
wages (0.500 = $8.01/$16.03). From ``Employer Costs for Employee 
Compensation--September 2010,'' retrieved August 23, 2011, from 
http://www.bls.gov/news.release/pdf/ecec.pdf.
    \5\ Berwick, Farooq. ``Truck Costing Model for Transportation 
Managers.'' Upper Great Plains Transportation Institute, North 
Dakota State University (2003), retrieved January 9, 2013, from 
http://ntl.bts.gov/lib/24000/24200/24223/24223.pdf.
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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 http://www.bls.gov/oes/current/naics4_485200.htm. North American Industry 
Classification System (NAICS) 485200, Interurban and Rural Bus 
Transportation, Standard Occupational Classification (SOC) 13-2000, 
Business and Financial Operations Occupations.
    \7\ FMCSA estimates this 50 percent employee benefit rate by 
using the private industry average wage ($16.03 per hour) and 
benefit information ($8.01 per hour) for production, transportation, 
and moving material workers. See footnote 5, above.
    \8\ Berwick ``Truck Costing Model for Transportation Managers.''
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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 http://www.fmcsa.dot.gov/forms/reporting/mcs_info.htm#fos.

0
3. Revise Sec.  369.4 to read as follows.


Sec.  369.4  Annual reports of Class I carriers of passengers.

    (a) All Class I motor carriers of passengers shall complete and 
file Motor Carrier Annual Report Form MP-1 for Motor Carriers of 
Passengers (Form MP-1).
    (b) Accounting period. (1) Motor Carrier Annual Report Form MP-1 
shall be used to file annual selected motor carrier data.
    (2) The annual accounting period shall be based either:
    (i) On the 31st day of December in each year, or
    (ii) An accounting year of 13 4-week periods ending at the close of 
the last 7 days of each calendar year.
    (3) A carrier electing to adopt an accounting year of 13 4-week 
periods shall file with the FMCSA a statement showing the day on which 
its accounting year will close. A subsequent change in the accounting 
period may not be made except by authority of the FMCSA.
    (c) The annual report shall be filed on or before March 31 of the 
year following the year to which it relates. The annual report shall be 
filed with the Federal Motor Carrier Safety Administration at the 
address in Sec.  369.6. Copies of Form MP-1 may be obtained from the 
FMCSA.

0
4. Amend Sec.  369.8 by revising paragraphs (a) and (d) to read as 
follows.


Sec.  369.8  Requests for exemptions from filing.

    (a) General. This section governs requests for exemptions from 
filing of the report required under Sec.  369.1.
* * * * *
    (d) When requests are due. The timing of a request for an exemption 
from filing is the same as the timing for a request for an exemption 
from public release contained in Sec.  369.9(d). For Annual Form M, 
both the report and the request are due by March 31 of the year 
following the year to which it relates.
* * * * *

0
5. Amend Sec.  369.9 by removing paragraph (d)(4) and revising 
paragraphs (a) and (e)(4) to read as follows.


Sec.  369.9  Requests for exemptions from public release.

    (a) General. This section governs requests for exemptions from 
public release of the report required under Sec.  369.1.
* * * * *
    (e) * * *
    (4) FMCSA will grant or deny each request no later than 90 days 
after the request's due date as defined in paragraph (d) of this 
section. The decision by FMCSA shall be administratively final. For 
Annual Form M, both the report and the request are due by March 31, and 
the decision is due by June 30.
* * * * *


Sec.  369.11  [Removed]

0
6. Remove Sec.  369.11.

    Issued under the authority delegated in 49 CFR 1.87 on: November 
26, 2013.
Anne S. Ferro,
Administrator.
[FR Doc. 2013-29936 Filed 12-16-13; 8:45 am]
BILLING CODE 4910-EX-P