[Federal Register Volume 67, Number 43 (Tuesday, March 5, 2002)]
[Notices]
[Pages 10043-10045]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-5155]


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DEPARTMENT OF TRANSPORTATION

Bureau of Transportation Statistics

[Docket BTS-2001-10909]


Agency Information Collection Activities Under OMB Review: OMB 
No. 2139-0002 and 2139-0004 (Financial and Operating Statistics for 
Motor Carriers of Property)

AGENCY: Bureau of Transportation Statistics (BTS), U.S. DOT.

ACTION: Notice.

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SUMMARY: The BTS announces that two Information Collection Requests 
(ICR) described in this notice have been sent to the Office of 
Management and Budget (OMB) for review and approval. The BTS is 
requesting OMB's renewal of the information collections required for 
the Financial and Operating Statistics for Motor Carriers of Property. 
The ICRs describe each information collection and its expected cost and 
burden. The Federal Register notice allowing for a 60-day comment 
period on the two information collections was published on November 5, 
2001 (66 FR 55981). The BTS is required to send ICRs to OMB under the 
Paperwork Reduction Act.

DATES: Comments must be submitted by April 4, 2002.

ADDRESSES: Send comments to the U. S. Department of Transportation, 
Dockets Management System (DMS). You may submit your comments by mail 
or in person to the Docket Clerk, Docket No. BTS-2001-10909, Department 
of Transportation, 400 Seventh Street, SW., Room PL-401, Washington, DC 
20590-0001. Comments should identify the docket number and be submitted 
in duplicate. If you would like the Department to acknowledge receipt 
of your comments, you must submit a self-addressed stamped postcard on 
which the following statement is made: Comments on Docket BTS-2001-
10909. The Docket Clerk will date stamp the postcard prior to returning 
it to you via the U.S. mail. The DMS is open for examination and 
copying, at the above address, from 9 a.m. to 5 p.m., Monday through 
Friday, except Federal holidays. Please note that due to delays in the 
delivery of U.S. mail to Federal offices in Washington, DC, we 
recommend that persons consider an alternative method (the Internet, 
fax, or professional delivery service) to submit comments to the docket 
and ensure their timely receipt at U.S. DOT. You may fax your comments 
to the DMS at (202) 493-2251.
    If you wish to file comments using the Internet, you may use the 
DOT DMS Web site at http://dms.dot.gov. Please follow the online 
instructions for submitting an electronic comment.
    We particularly request your comments on the accuracy of the 
estimated burden; ways to enhance the quality, usefulness, and clarity 
of the collected information; and ways to minimize the collection 
burden without reducing the quality of the information collected 
including additional use of automated collection techniques or other 
forms of information technology. The OMB requests comments within 30 
days of publication of this notice to process the ICR expeditiously.

FOR FURTHER INFORMATION CONTACT: Paula R. Robinson, Compliance Program 
Manager, Office of Motor Carrier Information, K-13, Bureau of 
Transportation Statistics, 400 Seventh Street, SW., Washington, DC 
20590-0001; (202) 366-2984; fax: (202) 366-3364; e-mail: 
[email protected].

SUPPLEMENTARY INFORMATION:

Electronic Access

    You may view all comments submitted to Docket BTS-2001-10909

[[Page 10044]]

online through the Document Management System at http://dms.dot.gov.
    Title: Financial and Operating Statistics for Motor Carriers of 
Property
    OMB Approval Numbers: 2139-0002 (Form QFR) and 2139-0004 (Form M)
    Following the publication of the November 5, 2001 Notice, the BTS 
received three comments. The issues raised in the comments are also 
addressed in the agency's supporting statement that was submitted 
previously to OMB. Requests for information on the supporting statement 
should be directed to the Information Contact named in this notice.
    Background: The Quarterly Report of Class I Motor Carriers of 
Property (Form QFR) and Annual Report of Class I and Class II Motor 
Carriers of Property (Form M) are mandated reporting requirements for 
for-hire motor carriers. Motor carriers required to comply with the BTS 
regulations are classified on the basis of their gross annual operating 
revenues. Under the financial and operating statistics (F&OS) program, 
the BTS collects balance sheet and income statement data along with 
information on tonnage, mileage, employees, transportation equipment, 
and other related data. The data and information collected are made 
publicly available and used by the BTS to determine a motor carrier's 
compliance with the F&OS program requirements prescribed in the BTS 
regulations (49 CFR 1420). The regulations were formerly administered 
by Interstate Commerce Commission (ICC) and later transferred to the 
U.S. Department of Transportation on January 1, 1996, by the ICC 
Termination Act of 1995 (the Act), Public Law 104-88, 109 Stat. 803 
(1995) (codified at 49 U.S.C. 14123).
    The BTS published the required notice offering a 60-day comment 
period on two ICRs on November 5, 2001 (66 FR 55981). The agency 
received three comments to the docket. The commenters were: The Central 
Analysis Bureau, Inc.(CAB); International Brotherhood of Teamsters 
(IBT); and Inland Marine Underwriters Association (IMUA).
    The first commenter, the CAB supported the agency's need for the 
data collection and categorized themselves as a ``major user'' of the 
F&OS data. They did however, point out that one ICR, the Form M, could 
be completed in substantially less time than 9 hours based on a motor 
carrier's efforts to compile the same data for corporate and tax 
purposes. The CAB felt the burden estimate for the second ICR, the Form 
QFR, was reasonable. Additionally, CAB recommended the agency include 
additional data items on the Form M.
    The second commenter, the IBT, made similar comments to those made 
by the CAB, estimating that the agency may have overstated the burden 
hours for Form M, and commented on other specific issues. Regarding the 
IBT's recommendation about ``an explanatory statement,'' BTS does now 
include detailed instructions with the forms and does solicit 
``explanatory statement[s] * * * setting forth [any alternative] 
methodology used'' by filing motor carriers, as suggested by the IBT.
    Based on the fact that BTS collects F&OS data of critical 
importance, the agency recognizes the need to improve compliance as 
commenters suggested. BTS now carefully documents all communication 
(phone calls, faxes, e-mails, letters, etc.) and is adding staff in 
preparation for continuing to decrease the number of motor carriers not 
in compliance with BTS regulations.
    Furthermore, the IBT commented on the need for a more automated 
system to track nonfilers and remind late-filers. BTS has, within the 
past year, developed and implemented a detailed, automated quality 
control and edit-check (QC/EC) system to improve the completeness of 
filed reports and the accuracy of the data submitted on them. In 
combination with motor carriers filing their Form M and Form QFR data 
over the Internet, which was implemented in the past year, this 
provides a system to track and remind carriers who aren't filing 
regularly. BTS notes that motor carriers are increasingly using 
electronic filing methods provided by the agency--diskettes, CDs, and 
the Internet.
    In response to the IBT's comments on new-entrant classification, 
BTS recognizes the challenges in correctly classifying new-entrant 
carriers and welcomes suggestions of the IBT and other commenters to 
improve the system. The IBT states that ``[a]lthough the regulations 
provide for [classification] * * * on the basis of estimated annual 
revenues, 49 CFR 1420(b)(2), in practice this is not done. Instead, new 
entrant carriers are automatically placed in Class III, where they may 
remain until BTS discovers that they have revenues sufficient to be in 
Class I or II.'' In practice, according to 49 CFR 1420.2(b)(1), BTS 
uses the three-year/$3-million rule to classify carriers: ``Upward and 
downward classification will be effected as of January 1 of the year 
immediately following the third consecutive year of revenue 
qualification.'' However, applying that rule to new entrants is 
particularly challenging and requires using private sector data in the 
absence of a new-entrant carriers abiding by the mandatory self-
classification requirement: ``Carriers must notify [BTS] of any change 
in classification'' (49 CFR 1420.2(b)(4)). BTS is working to remedy 
that new-entrant classification conundrum (no data upon which to 
estimate) by working with the Federal Motor Carrier Safety 
Administration (FMCSA) to include revenue data in the proposed Motor 
Carrier Replacement Information/Registration System. The BTS expects 
the revenue information on the proposed form, combined with number-of-
power-units and other information, will improve the basis for carrier 
classification by providing public sector revenue-estimating 
information where there is none now (prior to a carrier's filing its 
Form M). However, BTS encourages the IBT and other commenters to 
provide information to BTS for new-entrant and other carrier 
classification purposes.
    BTS recognizes the challenges that will arise as new Mexican 
carrier entrants appear in U.S. commerce. The IBT suggested that BTS 
use procedures to classify Mexican motor carriers based on annual 
earnings from their existing operations in Mexico combined with 
estimated or actual revenues from U.S. operations. With regard to the 
new-entrant classification regulations in 49 CFR 1420.2(b)(2), BTS 
understands the IBT is suggesting that [Mexican] revenue earned by 
Mexican carriers in Mexico could be used to estimate whether and how 
much a Mexican carrier likely began to earn over $3 million gross 
operating revenue while traveling on U.S. highways. Such estimates 
would be used to classify the Mexican carrier as Class I, II or III. 
BTS will investigate that possibility, although BTS is not aware of the 
availability of public sector individual-carrier revenue-size data for 
Mexican carriers operating in Mexico. The point made by the IBT is that 
a more active effort needs to be taken to classify and include new-
entrant North American carriers earning revenue on U.S. highways and 
intermodally. While this comment goes beyond the immediate paperwork 
burden issues, BTS will work with the available private sector data 
sources and develop FMCSA and other public sector sources. BTS 
recognizes this challenge and will continue to place emphasis on this 
issue.
    The third commenter, the Inland Marine Underwriters Association 
(IMUA), supported the agency's need to renew the data collection and 
placed great value on the data and information collected by BTS. 
However, the IMUA, like the CAB, suggested that BTS

[[Page 10045]]

expand Form M to include suggested refinements to line items to collect 
what they consider useful data. With respect to the IMUA's 
recommendation about ``names of corporate officers,'' it is instructive 
to point out that those data were collected in the past on predecessor 
forms to Form M and, as a result of a previous rulemaking, after 
receiving public comments, line items of limited value, including the 
listing of corporate officers were eliminated from predecessor forms to 
Form M. BTS is a statistical and a data agency specializing in 
numerical data for analysis. Although useful to some users, directory-
like information would probably fall below the threshold of usefulness 
when compared with the additional burden to collect it. For public 
companies, this type of corporate information is a matter of record in 
the state of incorporation and easily retrieved by interested parties.
    BTS thanks CAB, IBT, and IMUA for their comments and assures them 
and other potential commenters that BTS will continue to balance the 
need for a reduction in the paperwork burden against the need for 
additional financial information. The CAB and IMUA provided no 
estimates for the additional data items suggested and the agency is 
reluctant to impose additional burdens without accurate estimates. 
Based on its previous efforts, BTS has found that the shorter the form, 
the easier it is for carriers to file; the easier it is for carriers to 
file, the more numerous the carriers that file; the greater the number 
of carriers that file, the less time needs to be devoted to compliance 
activities. Additional resources can then be put toward increasing data 
accuracy and report completeness to make the F&OS data more useful to 
thousands of users who value the increased comprehensiveness BTS has 
accomplished within the past year (approximately 50% increase in the 
number of motor carriers filing the 2000 Form M when compared to the 
number filing the 1999 Form M).
    For additional information, interested parties may review the 
supporting statement the agency submitted to OMB.
    (1) Title: Quarterly Report of Class I Motor Carriers of Property.
    OMB Control No.: 2139-0002.
    Respondents: Class I Motor Carriers of Property.
    Number of Respondents: 1,000 (per quarter).
    Estimated Time Per Response: 1.8 hours (27 minutes per quarter)
    Total Annual Burden: 1,800 hours.
    (2) Title: Annual Report of Class I and Class II Motor Carriers of 
Property. OMB Control No. 2139-0004.
    Form No.: BTS Form M.
    Respondents: Class I and Class II Motor Carriers of Property.
    Number of Respondents: 3,000 (per year)
    Estimated Time Per Response: 9 hours.
    Total Annual Burden: 27,000 hours.

    Authority: The Paperwork Reduction Act of 1995, 44 U.S.C. 
Chapter 35, as amended; and 49 CFR 1.73.

    Issued on: February 26, 2002.
Russell B. Capelle, Jr.,
Assistant BTS Director for Motor Carrier Information, Department of 
Transportation.
[FR Doc. 02-5155 Filed 3-4-02; 8:45 am]
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