[Federal Register Volume 68, Number 50 (Friday, March 14, 2003)]
[Notices]
[Pages 12400-12401]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-6185]


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DEPARTMENT OF TRANSPORTATION

Bureau of Transportation Statistics

[Docket BTS-2002-13790]


Notice of Request To Renew Approval of Information Collection; 
Collection: OMB No. 2139-0003 (Financial and Operating Statistics for 
Motor Carriers of Passengers)

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

ACTION: Notice and request for comments.

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    OMB Control Numbers: 2139-0003 (Form MP-1, Quarterly and Annual 
Reports).
SUMMARY: This notice announces that the information collection request 
(ICR) to renew approval for the information collection, the Annual and 
Quarterly Reports for Class I Motor Carriers of Passengers (Form MP-1) 
has been sent to the Office of Management and Budget (OMB) for review 
and approval. This information collection is necessary to ensure that 
motor carriers comply with financial and operating statistics 
requirements as prescribed in the BTS regulations (49 CFR 1420). The 
Federal Register notice allowing for a 60-day comment period on this 
information collection was published on November 15, 2002 (67 FR 
69300). This notice is required under the Paperwork Reduction Act 
(PRA).

DATES: Comments must be submitted to OMB on or before April 14, 2003.

ADDRESSES: Send comments to the Office of Information and Regulatory 
Affairs, Office of Management and Budget, New Executive Office 
Building, NW., Room 10202, Washington, DC 20502, ATTN: Desk Officer for 
the Bureau of Transportation Statistics. Comments should identify the 
docket number, BTS-2002-13790, and be submitted in duplicate. OMB 
requests comments by April 14, 2003 to process the information 
collection request 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

    An electronic copy of this document may be downloaded by using a 
computer, modem, and suitable communications software from the 
Government Printing Office's Electronic Bulletin Board Services at 
(202) 512-1661. Internet users may reach the Office of the Federal 
Register's Home Page at: http://www.nara.gov/fedreg and the Government 
Printing Office's database at: http://www.access.gpo.gov/nara. You can 
also view and download this document by going to the Web page of the 
Department's Docket Management System (http://dms.dot.gov/). On that 
page, click on ``search.'' On the next page, type the last five digits 
of the docket number shown in the heading of this document. Then click 
on ``search.''
    The public should be aware that anyone may search the electronic 
form of all comments received in the Department's Docket Management 
System by using 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 DOT's complete Privacy Act 
Statement in the Federal Register published on April 11, 2000 (Volume 
65, Number 70; Pages 19477-78) or you may visit http://dms.dot.gov.

Background

    The Quarterly and Annual Report of Motor Carriers of Passengers 
(Form MP-1) is a mandated reporting requirement for any for-hire Class 
I motor carriers of passengers that have annual operating

[[Page 12401]]

reviews that are $5,000,000 dollars or more. Motor carriers required to 
comply with the BTS regulations are classified on the basis of their 
annual gross carrier operating revenues (including interstate and 
intrastate). 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. These regulations were formerly 
administered by Interstate Commerce Commission (ICC), the Interstate 
Commerce Act, 49 U.S.C. 11145, 49 U.S.C. 11343(d)(1) and the Bus 
Regulatory Act of 1982 and later transferred to the Secretary of 
Transportation under 49 U.S.C. 14123 and BTS' implementing regulations 
(49 CFR part 1420).

Comment to the Docket

    The BTS published in the Federal Register the required notice 
offering a 60-day comment period on November 15, 2002 (67 FR 69300). 
The agency received one comment to the docket from the Central Analysis 
Bureau, Inc., (CAB). The CAB is a private organization within the 
insurance industry that provides services to motor carriers of 
passengers and property.
    In their comments, CAB supports the agency's need for the data 
collection and the agency's combined use of the form both as a 
quarterly and annual report for passenger carriers, however, it 
recommends that the agency revise its existing MP-1 Form and initiate 
efforts to prescribe a new MP-1 Form that complies with governing 
statutes. CAB believes that the current MP-1 Form does not meet 
statutory requirements, in that it lacks sufficient details in the 
balance sheet and income statement information. CAB further states that 
in order to permit a proper evaluation of a passenger carrier's ability 
to operate with sufficient capital that the agency must require more 
detailed information. They suggest a new form, which would include more 
meaningful financial and safety information. Secondly, CAB suggests 
that if the quarterly report were supplemental to an improved annual 
report for passenger carriers, the form would have greater utility.
    The CAB believes that proper motor carrier financial reporting 
continues to be a crucial safety issue because ``almost every safety 
study, such as the General Accounting Office's April 1991 report, 
``Freight Trucking: Promising Approach for Predicting Carriers' Safety 
Risks'' has found that financially weak motor carriers have more 
accidents. The CAB believes that a financially weak motor carrier will 
sometimes cut back on safety engineering services, including 
maintenance, employee hiring standards, and other safety related 
aspects.
    CAB also recommends that the agency conduct a survey of all 
passenger carriers to determine their qualifying revenues. Currently, 
motor carriers of passengers with annual operating revenues of $5 
million dollars or more are required to file the Form MP-1. Under the 
CAB proposal, the reporting threshold would be lowered to $3 million 
dollars in annual operating revenues.

BTS Response

    BTS reviewed the CAB comment. It should be noted that the comment 
contained multiple proposals that would require the agency to conduct a 
rulemaking. The BTS is deferring rulemaking action, at this time, 
because the benefits of increasing the reporting requirements do not 
appear to outweigh the costs of the increased regulatory burden. The 
agency will consider CAB's proposal in any future rulemaking to revise 
the agency's reporting requirements.
    The agency will consider CAB's proposal for the agency to survey 
passenger carriers about their qualifying revenues as a long-term 
action. The agency believes that it is not practical at this time to 
conduct a survey because it does not have the resources and/or 
necessary approval from OMB.
    In the meantime, the agency will continue to work with motor 
carriers of passengers and others within the bus and transportation 
community to collect F&OS data and to conduct and facilitate useful 
analysis. Although no additional comments were received to the docket, 
specifically from the regulated community, the agency believes that the 
present regulations are not burdensome. Therefore, BTS without any 
additional data or information bus carriers or other affected parties 
as to the extent of the burden, will not proceed with the CAB's 
recommendation at this time. BTS will continue to work with CAB and 
others in the future on ways to reduce the burden on the motor carrier 
industry and improve the reporting process.

Information Collected for a Non-Statistical Purpose

    Respondents are hereby notified by this notice that BTS uses the 
information it collects under this OMB approval for non-statistical 
purposes including, but not limited to, publication of both 
Respondent's identity and its data. There may be reports of this 
information to agencies outside BTS for review, analysis, and other 
possible non-statistical uses.

The Data Collection

    The Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35; as 
amended) and 5 CFR part 1320 require each Federal agency to obtain an 
OMB approval to continue an information collection activity for which 
the agency received prior approval. BTS is seeking OMB' approval for 
the following BTS information collection activity.
    Title: Class I Quarterly and Annual Reports of Motor Carriers of 
Passengers.
    OMB Control Number: 2139-0003.
    Form Number: BTS Form MP-1.
    Type of Review: Extension of a currently approved collection.
    Respondents: Class I Motor Carriers of Passengers.
    Number of Respondents: 26.
    Estimated Time Per Response: 1.5 hours.
    Expiration Date: February 28, 2003.
    Frequency: Quarterly and Annually.
    Total Annual Burden: 195 hours.
    Abstract: This report provides financial and operating data. The 
Department of Transportation uses this information to assess the health 
of the industry and identify industry changes that may affect national 
transportation policy. The data also show company financial stability 
and traffic.
    For additional information regarding this data collection, 
interested parties may review the supporting statements the agency 
submitted to OMB.

    Issued on: March 10, 2003 in Washington, DC.
Russell B. Capelle, Jr.,
Assistant BTS Director for Motor Carrier Information, Department of 
Transportation.
[FR Doc. 03-6185 Filed 3-13-03; 8:45 am]
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