[Federal Register Volume 74, Number 114 (Tuesday, June 16, 2009)]
[Notices]
[Pages 28587-28588]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-14122]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2009-0144]


Agency Information Collection Activities; Revision of Two 
Currently Approved Information Collection Requests: OMB Control Numbers 
2126-0032 and 2126-0033 (Financial and Operating Statistics for Motor 
Carriers of Property)

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, this 
notice announces FMCSA's plan to submit to the Office of Management and 
Budget (OMB) its request to revise two currently-approved information 
collection requests (ICRs) as follows: (1) OMB Control Number 2126-0032 
entitled, ``Annual Report of Class I and Class II Motor Carriers of 
Property (formerly OMB 2139-0004),'' and (2) OMB Control Number 2126-
0033 entitled, ``Quarterly Report of Class I Motor Carriers of Property 
(formerly OMB 2139-0002).'' These ICRs are necessary to ensure that 
motor carriers comply with FMCSA's financial and operating statistics 
requirements at chapter III of title 49 CFR part 369 entitled, 
``Reports of Motor Carriers.'' On April 8, 2009, FMCSA published a 
Federal Register notice allowing for a 60-day comment period on the 
ICR. No comments were received.

DATES: Please send your comments by July 16, 2009. OMB must receive 
your comments by this date in order to act quickly on the ICR.

ADDRESSES: All comments should reference Federal Docket Management 
System (FDMS) Docket Number FMCSA-2009-0144. Interested persons are 
invited to submit written comments on the proposed information 
collection to the Office of Information and Regulatory Affairs, Office 
of Management and Budget. Comments should be addressed to the attention 
of the Desk Officer, Department of Transportation/Federal Motor Carrier 
Safety Administration, and sent via electronic mail to [email protected], or faxed to 202-395-6974, or mailed to the 
Office of Information and Regulatory Affairs, Office of Management and 
Budget, Docket Library, Room 10102, 725 17th Street, NW., Washington, 
DC 20503.

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 20590-0001. Telephone: 202-366-2974; e-mail 
[email protected]. Office hours are from 9 a.m. to 5 p.m., Monday 
through Friday, except Federal Holidays.

SUPPLEMENTARY INFORMATION:
    Title: Annual Report of Class I and Class II Motor Carriers of 
Property (formerly OMB Control Number 2139-0004).
    New OMB Control Number: 2126-0032.
    Type of Request: Revision of a currently-approved information 
collection.
    Respondents: Class I and Class II Motor Carriers of Property.
    Estimated Number of Respondents: 372 (per year).
    Estimated Time per Response: 9 hours.
    Expiration Date: June 30, 2009.
    Frequency of Response: Annually.
    Estimated Total Annual Burden: 3,348 hours [372 respondents x 9 
hours to complete form = 3,348].

    Title: Quarterly Report of Class I Motor Carriers of Property 
(formerly OMB Control Number 2139-0002).
    New OMB Control Number: 2126-0033.
    Type of Request: Revision of a currently-approved information 
collection.
    Respondents: Class I Motor Carriers of Property.
    Estimated Number of Respondents: 120.
    Estimated Time per Response: 1.8 hours (27 minutes per quarter).
    Expiration Date: June 30, 2009.
    Frequency of Response: Quarterly.
    Estimated Total Annual Burden: 216 hours [120 respondents x 1.8 
hours to complete forms = 216].
    Background: The Annual Report of Class I and Class II Motor 
Carriers of Property (Form M) and the Quarterly Report of Class I Motor 
Carriers of Property (Form QFR) are reporting requirements for all for-
hire motor carriers. See 49 U.S.C. Sec.  14123, and implementing FMCSA 
regulations at 49 CFR part 369. The Secretary of Transportation 
(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 passenger carriers to file 
quarterly reports. Motor carriers (including interstate and intrastate) 
subject to the Federal Motor Carrier Safety Regulations are classified 
on the basis of their gross carrier operating revenues.\1\
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    \1\ For purposes of the F&OS program, carriers are classified 
into the following three groups: (1) Class I carriers are those 
having annual carrier operating revenues (including interstate and 
intrastate) of $10 million or more after applying the revenue 
deflator formula as set forth in Note A of 49 CFR 369.2; (2) Class 
II carriers are those having annual carrier operating revenues 
(including interstate and intrastate) of at least $3 million, but 
less than $10 million after applying the revenue deflator formula as 
set forth in 49 CFR 369.2; and (3) Class III carriers are those 
having annual carrier operating revenues (including interstate and 
intrastate) of less than $3 million after applying the revenue 
deflator formula as set forth in Note A of 49 CFR Sec.  369.2.
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    Under the F&OS program, FMCSA collects from Class I and Class II 
property carriers balance sheet and income statement data along with 
information on safety needs, tonnage, mileage, employees, 
transportation equipment, and other related data. FMCSA may also ask 
carriers to respond to surveys concerning their operations. The data 
and information collected would be made publicly available and used by 
FMCSA to determine a motor carrier's compliance with the F&OS program 
requirements prescribed at chapter III of title 49 CFR part 369.
    The regulations were formerly administered by the Interstate 
Commerce Commission and later transferred to the Secretary on January 
1, 1996, by section 103 of the ICC Termination Act of 1995 (Pub. L.104-
88, 109 Stat. 803 (Dec. 29, 1995)), now

[[Page 28588]]

codified at 49 U.S.C. 14123. 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 part of 
the Research and Innovative Technology Administration (RITA), to former 
chapter XI, subchapter B 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 mission and its other motor carrier 
responsibilities (69 FR 51009). On August 10, 2006, the Secretary 
published a final rule (71 FR 45740) that transferred and redesignated 
certain motor carrier financial and statistical reporting regulations 
of BTS, that were formerly located at chapter XI, subchapter B of title 
49 CFR part 1420, to FMCSA under chapter III of title 49 CFR part 369.
    On April 8, 2009, FMCSA published a Federal Register notice on this 
same topic and provided 60 days for public comment (74 FR 16037). The 
Agency received no comments to the docket in response to this notice.
    Public Comments Invited: You are asked to comment on any aspect of 
this information collection, including: (1) Whether the proposed 
collection is necessary for the FMCSA to perform its functions; (2) the 
accuracy of the estimated burden; (3) ways for the 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.

    Issued on: June 2, 2009
David G. Anewalt,
Acting Associate Administrator for Research and Information Technology.
[FR Doc. E9-14122 Filed 6-15-09; 8:45 am]
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