
[Federal Register: November 6, 2008 (Volume 73, Number 216)]
[Notices]               
[Page 66095]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr06no08-87]                         

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2008-0289]

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

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

ACTION: Notice of application for exemption; request for comments.

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SUMMARY: The Federal Motor Carrier Safety Administration (FMCSA) 
requests public comment on an application by Swift Transportation 
Corporation (Swift Transportation) regarding an exemption to the annual 
reporting requirements of 49 CFR 369.1. Swift Transportation is 
requesting the exemption on the basis that disclosing this information 
to the public would be likely to cause it substantial competitive harm.

DATES: Comments received on or before November 17, 2008.

ADDRESSES: You may submit comments identified by Federal Docket 
Management System Number FMCSA-2008--by any of the following methods:
     Web Site: http://www.regulations.gov. Follow the 
instructions for submitting comments on the Federal electronic docket 
site.
     Federal Rulemaking Portal: Go to http://
www.regulations.gov. Follow the on-line instructions for submitting 
comments.
     Mail: Docket Management Facility; U.S. Department of 
Transportation, 1200 New Jersey Avenue, SE., West Building Ground 
Floor, Room W12-140, Washington, DC 20590-0001.
     Hand Delivery: West Building Ground Floor, Room W12-140, 
1200 New Jersey Avenue, SE., Washington, DC, between 9 a.m. and 5 p.m., 
Monday through Friday, except Federal Holidays.
     Fax: 1-202-493-2251.
    Instructions: All submissions must include the Agency name and the 
docket ID for this notice. For detailed instructions on submitting 
comments and additional information on the exemption process, see the 
``Public Participation'' heading below. Note that DOT posts all 
comments received without change to http://www.regulations.gov, 
including any personal information included in a comment. Please see 
the Privacy Act heading below.
    Docket: For access to the docket to read background documents or 
comments, go to http://www.regulations.gov at any time or Room W12-140, 
DOT Building on the ground level of the West Building, 1200 New Jersey 
Avenue, SE., Washington, DC, between 9 a.m. and 5 p.m., Monday through 
Friday, except Federal holidays. The FDMS is available 24 hours each 
day, 365 days each year. If you want acknowledgment that we received 
your comments, please include a self-addressed, stamped envelope or 
postcard or print the acknowledgement page that appears after 
submitting comments on-line.
    Privacy Act: Anyone may search the electronic form of all comments 
received into any of our dockets by the name of the individual 
submitting the comment (or of the person signing the comment, if 
submitted on behalf of an association, business, labor union, etc.). 
You may review the DOT's complete Privacy Act Statement in the Federal 
Register published on April 11, 2000 (65 FR 19476; Apr. 11, 2000). This 
information is also available at http://docketsinfo.dot.gov.
    Public participation: The http://www.regulations.gov Web site is 
generally available 24 hours each day, 365 days each year. You can get 
electronic submission and retrieval help and guidelines under the 
``help'' section of the http://www.regulations.gov Web site and also at 
the DOT's http://docketsinfo.dot.gov Web site. If you want confirmation 
of receipt of your comments, please include a self-addressed, stamped 
envelope or postcard or print the acknowledgement page that appears 
after submitting comments online.

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

SUPPLEMENTARY INFORMATION:

Background

    Section 14123 of Title 49 of the United States Code (U.S.C. Section 
14123) requires FMCSA to collect from certain for-hire Motor Carriers 
Annual Financial and Safety reports. The Statute provides FMCSA the 
authority to exempt upon good cause any party from the reporting 
requirements. The implementing regulations are found at 49 CFR part 
369. In accordance with 49 C.F.R. Section 369.9(e)(1), a request for an 
exemption must be posted in the Federal Register. The Agency must 
provide the public with an opportunity to comment on the request.
    Any request for an exemption must demonstrate, at a minimum, that 
an exemption is required to avoid competitive harm and preserve 
confidential business information that is not otherwise publicly 
available.

Swift Transportation's Application for Exemption

    On December 14, 2007, Swift Transportation applied for an exemption 
from 49 CFR 369.9 requesting to be exempt from disclosing confidential 
business information to the public on the basis that Swift 
Transportation is a privately held corporation and that disclosure of 
this information would result in competitive harm. A copy of the 
request is in the public docket identified at the beginning of this 
notice.

Request for Comments

    FMCSA seeks comments on whether Swift Transportation request for an 
exemption from public disclosure of information otherwise required to 
be reported to FMCSA pursuant to 49 U.S.C. 14123 and 49 CFR 369.1. 
Comments should specifically address whether public disclosure of the 
information sought to be redacted by Swift Transportation would be 
likely to cause substantial harm to the carrier's competitive position.

    Dated: October 27, 2008.
Rose A. McMurray,
Acting Administrator.
 [FR Doc. E8-26475 Filed 11-5-08; 8:45 am]

BILLING CODE 4910-EX-P
