
[Federal Register Volume 78, Number 101 (Friday, May 24, 2013)]
[Proposed Rules]
[Pages 31475-31479]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-12339]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

49 CFR Part 369

[Docket No. FMCSA-2012-0020]
RIN-2126-AB48


Rescission of Quarterly Financial Reporting Requirements

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

ACTION: Notice of proposed rulemaking (NPRM); request for comments.

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SUMMARY: FMCSA proposes to eliminate the quarterly financial reporting 
requirements for certain for-hire motor carriers of property (Form QFR) 
and for-hire motor carriers of passengers (Form MP-1). This paperwork 
burden can be removed without an adverse impact on safety or the 
Agency[acute]s ability to maintain effective commercial regulatory 
oversight over the for-hire trucking and passenger-carrying industries.

DATES: You may submit comments by July 23, 2013.

ADDRESSES: You may submit comments identified by docket number FMCSA-
2012-0020 using any one of the following methods:
    (1) Federal eRulemaking Portal: http://www.regulations.gov.
    (2) Fax: 202-493-2251.
    (3) Mail: Docket Management Facility (M-30), U.S. Department of 
Transportation, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue SE., Washington, DC 20590-0001.
    (4) Hand delivery: Same as mail address above, between 9 a.m. and 5 
p.m. e.t., Monday through Friday, except Federal holidays. The 
telephone number is 202-366-9329.
    To avoid duplication, please use only one of these four methods. 
See the ``Public Participation and Comments'' portion of the 
SUPPLEMENTARY INFORMATION section below for instructions on submitting 
comments.

FOR FURTHER INFORMATION CONTACT: If you have questions on this 
proposal, 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: 

Public Participation and Comments

    If you would like to participate in this rulemaking, you may submit 
comments and related materials. All comments received will be posted, 
without change, to http://www.regulations.gov and will include any 
personal information you have provided.

Submitting Comments

    If you submit a comment, please include the docket number for this 
rulemaking (FMCSA-2012-0020), indicate the specific section of this 
document to which each comment applies, and provide a reason for each 
suggestion or recommendation. You may submit your comments and material 
online or by fax, mail, or hand delivery, but please use only one of 
these means. FMCSA recommends that you include your name and a mailing 
address, an email address, or a phone number in the body of your 
document so the Agency can contact you if it has questions regarding 
your submission.
    To submit your comment online, go to http://www.regulations.gov and 
insert ``FMCSA-2012-0020'' in the ``Search'' box, and then click the 
``Search'' button to the right of the white box. Click on the top 
``Comment Now'' box which appears next to the notice. Fill in your 
contact information, as desired and your comment, uploading documents 
if appropriate. If you submit your comments by mail or hand delivery, 
submit them in an unbound format, no larger than 8\1/2\; by 11 inches, 
suitable for copying and electronic filing. If you submit comments by 
mail and would like to know that they reached the facility, please 
enclose a stamped, self-addressed postcard or envelope.
    FMCSA will consider all comments and material received during the 
comment period and may change this proposed rule based on your 
comments.

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

[[Page 31476]]

the list of comments will appear with a link to each one. Click on the 
comment you would like to read.

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).

Executive Summary

Purpose of the Proposal

    This action is in response to a recommendation received by the 
public in response to Executive Order 13563, ``Improving Regulation and 
Regulatory Review,'' which required FMCSA, among other things, to 
prepare plans for reviewing existing rules. One person argued that the 
financial reporting requirements transferred from the Interstate 
Commerce Commission (ICC) to FMCSA provide no discernible benefits to 
the government or motor carrier industry.

Summary of the Major Provision

    The proposal would eliminate 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[acute]s ability to 
maintain effective commercial regulatory oversight over the for-hire 
trucking and passenger-carrying industries.

Costs and Benefits

    FMCSA estimates that eliminating these reporting requirements would 
reduce the burden to industry by about 200 hours and $9,900 annually. 
Table ES-1 displays the average annual net costs and benefits that we 
are proposing.

  Table ES--1 Estimated Annual Costs and Benefits for Implementing the
                                Proposal
                         [2013 Dollars rounded]
------------------------------------------------------------------------
                                                           Annual Impact
------------------------------------------------------------------------
Benefits................................................          $9,900
Costs...................................................               0
Net Benefits............................................           9,900
------------------------------------------------------------------------

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 and household 
goods to file annual financial reports. The annual reporting program 
was implemented on December 24, 1938 (3 FR 3158), and it was 
subsequently transferred from the Interstate Commerce Commission (ICC) 
to the U.S. Department of Transportation's (DOT) Bureau of 
Transportation Statistics (BTS) on January 1, 1996. The Secretary of 
DOT delegated to BTS the responsibility for the program on December 17, 
1996 (61 FR 68162). Annual financial reports are filed on Form M (for-
hire property carriers, including household goods carriers) and Form 
MP-1 (for-hire passenger carriers). Responsibility for collection of 
the reports was transferred from BTS to FMCSA on August 17, 2004 (69 FR 
51009), and the regulations were redesignated as 49 CFR part 369 on 
August 10, 2006 (71 FR 45740). FMCSA has continued to collect carriers' 
annual reports and to furnish copies of the reports requested under the 
Freedom of Information Act.
Quarterly Financial Reporting
    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 included in 49 CFR 
part 369 and apply to Class I (average annual gross transportation 
operating revenues of $10 million or more) and Class II (average annual 
gross transportation operating revenues of $3 million dollars or more, 
but less than $10 million) for-hire motor carriers of property. The 
requirements also apply to Class I (average annual gross transportation 
operating revenues of $5 million or more) for-hire motor carriers of 
passengers.
E.O. 13563 Improving Regulation and Regulatory Review
    On January 18, 2011, the President issued Executive Order (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). A public meeting on this issue was held on March 14, 2011. DOT 
placed all of the comments it received in docket DOT-OST-2011-0025, 
along with a transcript of the March 14 meeting. DOT received 102 
comments, many offering multiple suggestions. One person argued that 
the financial reporting requirements transferred from the ICC to FMCSA 
provide no discernible benefits to the government or 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 argued that the 
quarterly reports 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 conceded that some data on general demand and pricing trends 
are available from other sources, it argued 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 reports for these purposes for many years. 
FMCSA considered this an adverse comment which caused the Agency to 
therefore withdraw 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 
(Form QFR) and for-hire motor carriers of passengers (Form MP-1 
Quarterly) can be eliminated without an adverse impact on safety. SJ 
Consulting and others that have used the quarterly report will still be 
able to use the annual Form M and Form MP-1 reports which are not being 
rescinded in this proposed rule. SJ Consulting can still advise motor 
carriers, shippers, and persons interested in buying for-hire motor 
carriers of freight using 112 annual reports through Form M's and Form 
MP-1's operating statistics and data on general demand, pricing, and 
profitability to estimate future growth rates, and to assess 
opportunities for profitable investment in the for-hire truck and 
motorcoach industries. The Agency also continues to believe

[[Page 31477]]

removal of the quarterly financial reporting requirements will have no 
impact on the Agency's ability to maintain effective commercial 
regulatory oversight over the for-hire trucking and passenger-carrying 
industries.
    The information submitted to FMCSA does not help the Agency with 
any decisions the Agency needs to make with regard to raising the 
safety bar to enter the motor carrier industry, maintaining high 
standards to remain in the industry, and removing unsafe operators. The 
implementation of these three core principles is not contingent upon 
financial reporting data. 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.

Discussion of the Proposal

    For the reasons discussed in the Background section, above, FMCSA 
proposes to amend 49 CFR part 369 by eliminating the quarterly 
reporting requirement under 49 CFR 369.1 and 369.4. In addition, FMCSA 
would make other conforming technical amendments to 49 CFR 369.8, 
369.9, and 369.11. This proposal does not affect the annual reporting 
requirements, which still must be prepared and filed as required by 
statute (49 U.S.C. 14123(a)(1)).

Regulatory Analyses

    When developing this NPRM, FMCSA considered numerous statutes and 
executive orders related to rulemaking. The Agency's analyses are 
summarized below.

Regulatory Planning and Review

    Under E.O. 12866 (58 FR 51735, Oct. 4, 1993) as supplemented by 
E.O. 13563 (76 FR 3821, Jan. 18, 2011), FMCSA must determine whether a 
regulatory action is ``significant'' and, therefore, subject to Office 
of Management and Budget (OMB) review and the requirements of the E.O. 
The Order defines ``significant regulatory action'' as one that is 
likely to result in a rule that may:
    (1) Have an annual effect on the economy of $100 million or more or 
adversely affect in a material way the economy, a sector of the 
economy, productivity, competition, jobs, the environment, public 
health or safety, or State, local, or tribal governments or 
communities.
    (2) Create a serious inconsistency or otherwise interfere with an 
action taken or planned by another agency.
    (3) Materially alter the budgetary impact of entitlements, grants, 
user fees, or loan programs or the rights and obligations of recipients 
thereof.
    (4) Raise novel legal or policy issues arising out of legal 
mandates, the President's priorities, or the principles set forth in 
the E.O.
    This 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, if anything, have a 
beneficial economic impact on the motor carrier industry through 
reduced reporting costs. Consequently, the OMB has not reviewed it 
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 proposal, 
the RFA requires the agency to ``prepare and make available for public 
comment an initial regulatory flexibility analysis'' that will 
``describe the impact of the proposed rule on small entities'' (5 
U.S.C. sec. 603(a)).
    FMCSA has determined that the impact on entities affected by the 
proposed rule will not be significant. In fact, the existing burden 
from quarterly reporting will be eliminated. FMCSA expects the impact 
of the proposed 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 eliminating these 
reporting requirements reduces the burden to the for-hire motor carrier 
industry by about 200 hours and $9,900 annually.
    The 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 proposal 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. Consequently, FMCSA has determined 
that this proposed 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\ 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 proposed rulemaking is not expected to 
have a significant economic impact on a substantial number of small 
entities regulated by FMCSA. This proposed rule directly affects 112 
for-hire motor carriers that prepare and file quarterly financial 
reports under per 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, the Administrator of the FMCSA hereby certifies that 
this rulemaking will not have a significant economic impact on a 
substantial number of small entities. FMCSA invites comment from 
members of the public who believe there will be a significant impact on 
a substantial number of small for-hire motor carriers.
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

[[Page 31478]]

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 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 2 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 proposing to discontinue the quarterly 
reporting requirements.
Federalism
    A rule has federalism 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 NPRM under E.O. 13045, Protection of Children 
from Environmental Health Risks and Safety Risks. This NPRM 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 NPRM 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.
Environment
    The Agency analyzed this NPRM for the purpose of the National 
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321, et seq.) and 
determined under our environmental procedures Order 5610.1, published 
March 1, 2004 (69 FR 9680), that this action is 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) 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

[[Page 31479]]

the regulations.gov Web site listed under ADDRESSES.
    FMCSA also analyzed this NPRM 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. This NPRM is exempt from analysis under the 
National Environmental Policy Act due to a categorical exclusion. This 
proposal 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 proposes to amend part 369 
in 49 CFR chapter III, subchapter B, as follows:

PART 369 [AMENDED]

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 
thirteen 4-week periods ending at the close of the last 7 days of each 
calendar year.
    (3) A carrier electing to adopt an accounting year of thirteen 4-
week periods shall file with the FMCSA a statement showing the day on 
which its accounting year will close. A subsequent change in the 
accounting period may not be made except by authority of the FMCSA.
    (c) The annual report shall be filed on or before March 31 of the 
year following the year to which it relates. The annual report shall be 
filed in duplicate with the Federal Motor Carrier Safety Administration 
at the address in Sec.  369.6. Copies of Form MP-1 may be obtained from 
the FMCSA.
0
4. Amend Sec.  369.8 by revising 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 of this part.
* * * * *
    (d) When requests are due. The timing of a request for an exemption 
from filing is the same as the timing for a request for an exemption 
from public release contained in Sec.  369.9(d). For Annual Form M, 
both the report and the request are due by March 31.
* * * * *
0
5. Amend Sec.  369.9 by removing paragraph (d)(4) and revising 
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 
filing of the report required under Sec.  369.1 of this part.
* * * * *
    (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: May 13, 
2013.
Anne S. Ferro,
Administrator.
[FR Doc. 2013-12339 Filed 5-23-13; 8:45 am]
BILLING CODE 4910-EX-P


