99-27669. Motor Carrier Financial and Operating Information; Requests for Exemption From Public Release of Reports

[Federal Register Volume 64, Number 205 (Monday, October 25, 1999)]
[Notices]
[Pages 57512-57513]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-27669]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Bureau of Transportation Statistics
[Docket No. BTS-99-6375]


Motor Carrier Financial and Operating Information; Requests for 
Exemption From Public Release of Reports

AGENCY: Bureau of Transportation Statistics, DOT.

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: Class I and Class II motor carriers of property and household 
goods are required to file annual and quarterly reports with the Bureau 
of Transportation Statistics (BTS). As provided by statute, carriers 
may request that their reports be withheld from public release. BTS is 
issuing this notice to invite comments on several requests submitted by 
carriers.

DATES: Comments must be submitted by November 24, 1999.

ADDRESSES: Please send comments to the Docket Clerk, Docket No. BTS-99-
6375, Department of Transportation, 400 Seventh Street, SW., Room PL-
401, Washington, DC 20590, from 10:00 a.m. to 5:00 p.m., Monday through 
Friday, except Federal holidays.
    You only need to submit one copy. If you would like the Department 
to acknowledge receipt of the comments, you must include a self-
addressed stamped postcard with the following statement: Comments on 
Docket BTS-99-6375. The Docket Clerk will date stamp the postcard and 
mail it back to you.
    If you wish to file comments using the Internet, you may use the 
U.S. DOT Dockets Management System website at http://dms.dot.gov. 
Please follow the instructions online for more information.

FOR FURTHER INFORMATION CONTACT: David Mednick, K-1, Bureau of 
Transportation Statistics, 400 Seventh Street, SW., Washington, DC 
20590; [phone]; fax: [phone]; e-mail: 
[e-mail].

SUPPLEMENTARY INFORMATION:

I. Background

    Under 49 U.S.C. 14123 and its implementing regulations at 49 CFR 
1420, BTS collects financial and operating information from for-hire 
motor carriers of property and household goods. The data are collected 
on annual Form M, filed by Class I and Class II carriers, and quarterly 
Form QFR, filed only by Class I carriers. The data are used by the 
Department of Transportation, other federal agencies, motor carriers, 
shippers, industry analysts, labor unions, segments of the insurance 
industry, investment analysts, and the consultants and data vendors 
that support these users. Among the uses of the data are: (1) 
Developing the U.S. national accounts and preparing the quarterly 
estimates of the Gross Domestic Product, which help us better 
understand the U.S. economy and the motor carrier industry's role in 
it; (2) measuring the performance of the for-hire motor carrier 
industry and segments within it; (3) monitoring carrier safety; (4) 
benchmarking carrier performance; and (5) analyzing motor carrier 
safety and productivity.
    Generally, all data are made publicly available. A carrier can, 
however, request that its report be withheld from public release, as 
provided for by statute, 49 U.S.C. 14123(c)(2), and its implementing 
regulations, 49 CFR 1420.9. BTS will grant a request upon a proper 
showing that the carrier is not a publicly held corporation or that the 
carrier is not subject to financial reporting requirements of the 
Securities and Exchange Commission, and that the exemption is necessary 
to avoid competitive harm and to avoid the disclosure of information 
that qualifies as trade secret or privileged or confidential 
information under 5 U.S.C. 552(b)(4). The carrier must submit a written 
request containing supporting information. BTS must receive the request 
by the report's due date, unless it is postmarked by the due date or 
there are extenuating circumstances. Requests covering the quarterly 
reports must be received by the due date of the annual report that 
relates to the prior year.
    In accordance with our regulations, after each due date of each 
annual report BTS then publishes a notice, such as this one, in the 
Federal Register requesting comments on any requests it has received. 
After considering the requests and comments, BTS will decide to grant 
or deny each request no later than 90 days after the request's due 
date. While a decision is pending, BTS will not publicly release the 
report except as allowed under 49 CFR 1420.10(c). BTS issued a similar 
notice and request for comments on September 3, 1999 (64 FR 48452), 
covering the carrier requests it had received relating to their 1998 
annual reports and, in some cases, their 1999 quarterly reports. BTS is 
issuing this second notice and request for comments for several 
additional requests. Those carriers received additional time, past the 
original May 31 report deadline, to make their requests due to 
extenuating circumstances.

[[Page 57513]]

II. Request for Comments

    BTS invites comments on several carrier requests for exemption from 
public release. These requests cover the 1998 annual report and some 
also cover the 1999 quarterly reports. BTS is withholding portions of 
one carrier's request. While BTS will consider this material in 
deciding whether to grant the request, the information is not being 
released publicly. BTS has determined that some of the information is 
confidential business information and therefore exempt from public 
disclosure by 5 U.S.C. 552(b)(4) and 49 CFR 7.69. Other information 
would reveal the contents of the carrier's report and therefore 
releasing it would defeat the purpose of the exemption request. The 
public version of the request provides adequate notice.
    Comments should be made within the context of the governing 
regulations at 49 CFR 1420.9, which were published in the Federal 
Register on March 23, 1999 (64 FR 13916). We are inviting your comments 
on requests from the following carriers:

Annett Holdings, Inc. (MC 115730)
D & A Truck Line, Inc. (MC147545)
LTI, Inc. (MC 170078)
North American Van Lines, Inc. (MC 107012)
The Kaplan Trucking Company (MC 002304)

    If you wish the read their exemption requests and the comments 
submitted in response to this Notice, use the DOT Dockets Management 
System. This is located at the Department of Transportation, 400 
Seventh Street, SW., Room PL-401, Washington, DC 20590, and is open 
from 10:00 a.m. to 5:00 p.m., Monday through Friday, except Federal 
holidays. Internet users can access the Dockets Management System at 
http://dms.dot.gov. Please follow the instructions online for more 
information and help.
    You must also use the Dockets Management System if you wish to 
comment on one or more exemption requests. Please follow the 
instructions listed above under ADDRESSES.
Ashish Sen,
Director.
[FR Doc. 99-27669 Filed 10-22-99; 8:45 am]
BILLING CODE 4910-FE-P