[Federal Register Volume 74, Number 60 (Tuesday, March 31, 2009)]
[Notices]
[Page 14612]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-6460]



[[Page 14612]]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2008-0289]


Filing Requirements of 49 U.S.C. 14123; The Motor Carrier 
Financial and Operating Statistics Program (the Annual Form M Filing); 
Application for Exemption From Swift Transportation Corporation

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

ACTION: Notice of final disposition.

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SUMMARY: The Federal Motor Carrier Safety Administration (FMCSA) 
published a Federal Register notice of an application by Swift 
Transportation Corporation (Swift Transportation) for an exemption from 
the requirement annually to report certain financial information (49 
CFR 369.1). Swift Transportation stated that disclosing this 
information would cause competitive harm. The Agency received one 
comment to the public docket. The Agency has considered the comment and 
grants Swift Transportation's request for exemption.

DATES: This exemption is effective until December 31, 2011.

FOR FURTHER INFORMATION CONTACT: Rhonda Scott, Office of Information 
Technology, IT Operations Division, (202) 366-4134; Federal Motor 
Carrier Safety Administration, 1200 New Jersey Avenue, SE., Washington, 
DC 20590.

SUPPLEMENTARY INFORMATION: 

Background

    Although 49 U.S.C. 14123 requires certain motor carriers annually 
to file financial and safety reports with FMCSA, subsection (c) 
authorizes exemptions from the filing requirements or from public 
release of the information. Exemption requests must comply with 49 CFR 
369.9, and the request must be published in the Federal Register.

Swift Transportation's Application for Exemption

    On December 14, 2007, Swift Transportation applied for an exemption 
under 49 CFR 369.9 from disclosing confidential business information to 
the public. A privately held corporation, Swift Transportation argued 
that disclosure of this information would result in competitive harm.

Comments

    FMCSA published a Federal Register notice announcing the 
application on November 6, 2008 (73 FR 66095). One comment was 
submitted to the docket. The commenter concurred with the request on 
the ground that the data is not being used and the requirement is no 
longer needed.

FMCSA Decision

    FMCSA reviewed the comment and the documentation submitted by the 
applicant. The Agency determined that Swift Transportation is not a 
publicly held corporation and that it provided sufficient support for 
the claim of competitive harm, both of which are preconditions for an 
exemption under 49 CFR 369.9. The Agency therefore grants the 
exemption, which will be effective from March 31, 2008 through December 
31, 2011 (Sec.  369.9(g)).

    Issued on: March 18, 2009.
Rose A. McMurray,
Acting Deputy Administrator.
[FR Doc. E9-6460 Filed 3-30-09; 8:45 am]
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