[Federal Register Volume 74, Number 55 (Tuesday, March 24, 2009)]
[Notices]
[Pages 12436-12437]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-6458]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2009-0030]


Agency Information Collection Activities; Revision and Renewal of 
a Currently-Approved Information Collection: Annual and Quarterly 
Report of Class I Motor Carriers of Passengers (OMB Control Number 
2126-0031)

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

ACTION: Notice and request for comments.

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SUMMARY: In accordance with the Paperwork Reduction Act of 1995, FMCSA 
announces its plan to submit to the Office of Management and Budget 
(OMB) its request to revise a currently-approved information collection 
for Class I Motor Carriers of Passengers (Form MP-1) entitled, ``Annual 
and Quarterly Reports.'' This information collection is necessary to 
ensure that motor carriers comply with financial and operating 
statistics requirements at chapter III of title 49 CFR part 369 
entitled, ``Reports of Motor Carriers.'' The agency invites public 
comments on this information request.

DATES: We must receive your comments on or before May 26, 2009.

ADDRESSES: You may submit comments bearing the Federal Docket 
Management System (FDMS) Docket Number FMCSA-2009-0030 using any of the 
following methods:
     Federal eRulemaking 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

[[Page 12437]]

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, 20590-0001 between 9 a.m. 
and 5 p.m., e.t., Monday through Friday, except Federal Holidays.
     Fax: 1-202-493-2251.

Each submission must include the Agency name and the docket number for 
this Notice. 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 
on the ground level of the West Building, 1200 New Jersey Avenue, SE., 
Washington, DC, 20590-0001 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 acknowledgement that we received 
your comments, please include a self-addressed, stamped envelope or 
post card or print the acknowledgement page that appears after 
submitting them 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 on April 11, 2000 (65 FR 19476). This information is also 
available at http://docketsinfo.dot.gov.

FOR FURTHER INFORMATION CONTACT: Ms. Vivian Oliver, Office of Research 
and Information Technology, Department of Transportation, Federal Motor 
Carrier Safety Administration, West Building 6th Floor, 1200 New Jersey 
Avenue, SE., Washington, DC 20590. Telephone: 202-366-2974; e-mail 
[email protected].

SUPPLEMENTARY INFORMATION:
    Background: For-hire Class I motor carriers of passengers 
(including interstate and intrastate) \1\ are required to file Motor 
Carrier Annual and Quarterly Reports (Form MP-1) that provide financial 
and operating data (see 49 U.S.C. 14123; and implementing FMCSA 
regulations at 49 CFR part 369). The agency 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 patterns. Motor carriers of passengers 
required to comply with the regulations are classified on the basis of 
their annual gross carrier operating revenues. Under the F&OS program 
the FMCSA collects balance sheet and income statement data along with 
information on tonnage, mileage, employees, transportation equipment, 
and other related data.
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    \1\ For purposes of the Financial & Operating Statistics (F&OS) 
program, passenger carriers are classified into the following two 
groups; (1) Class I carriers are those having average annual gross 
transportation operating revenues (including interstate and 
intrastate) of $5 million or more from passenger motor carrier 
operations after applying the revenue deflator formula as shown in 
the Note at 49 CFR 369.3; and (2) Class II passenger carriers are 
those having average annual gross transportation operating revenues 
(including interstate and intrastate) of less than $5 million from 
passenger motor carrier operations after applying the revenue 
deflator formula as shown in the Note at 49 CFR 369.3. Only Class I 
carriers of passengers are required to file the Annual and Quarterly 
Report Form MP-1. Class II passenger carriers, however, must notify 
the agency when there is a change in their classification or their 
revenues exceed the Class II limit.
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    The data and information collected is made publicly available as 
prescribed in 49 CFR part 369. Class I and Class II motor carriers are 
required by 49 U.S.C. 14123 to file annual and quarterly financial 
reports with the Secretary. The Secretary has exercised his discretion 
under section 14123 to also require Class I property carriers 
(including dual-property carriers), Class I household goods carriers 
and Class I passengers carriers to file quarterly reports.
    Over the years, the regulations were formerly administered by the 
Interstate Commerce Commission (ICC), but the ICC Termination Act of 
1995 (ICCTA) (Pub. L. 104-88, 109 Stat. 803 (Dec. 29, 1995); now 
codified at 49 U.S.C. 14123) abolished the ICC and transferred the 
responsibility for collecting and disseminating motor carrier financial 
information to the Secretary of Transportation (Secretary). On 
September 30, 1998, the Secretary delegated and transferred the 
authority to administer the F&OS program to the former Bureau of 
Transportation Statistics (BTS), now a part of the Research and 
Innovative Technology Administration (RITA), to former Chapter XI, 
subchapter 13 of 49 CFR part 1420 (63 FR 52192).
    On September 29, 2004, the Secretary transferred the responsibility 
for the F&OS program from BTS to FMCSA in the belief that the program 
was more aligned with FMCSA's safety mission and its other motor 
carrier responsibilities (69 FR 51009). On August 10, 2006 (71 FR 
45740), the Secretary published a final rule that transferred and 
redesignated the motor carrier financial and statistical reporting 
regulations of BTS that were formerly located at chapter XI of title 49 
CFR to FMCSA in 49 chapter III of title 49 CFR part 369.
    Title: Annual and Quarterly Report of Class I Motor Carriers of 
Passengers (formerly OMB Control Number 2139-0003).
    New OMB Control Number: 2126-0031.
    Type of Request: Revision and renewal of a currently-approved 
information collection request.
    Respondents: Class I Motor Carriers of Passengers.
    Estimated Number of Respondents: 6.
    Estimated Time per Response: 18 minutes per response.
    Expiration Date: September 30, 2009.
    Frequency of Response: Annually and quarterly.
    Estimated Total Annual Burden: 9 hours [30 responses x 18 minutes 
per response/60 minutes = 9].
    Public Comments Invited: You are asked to comment on any aspect of 
this information collection, including: (1) Whether the proposed 
collection is necessary for FMCSA to perform its mission; (2) the 
accuracy of the estimated burden; (3) ways for FMCSA to enhance the 
quality, usefulness, and clarity of the collected information; and (4) 
ways that the burden could be minimized without reducing the quality of 
the collected information. The agency will summarize and/or include 
your comments in the request for OMB's clearance of this information 
collection.

    Issued on: March 16, 2009.
Terry Shelton,
Associate Administrator for Research and Information Technology.
[FR Doc. E9-6458 Filed 3-23-09; 8:45 am]
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