Agency Information Collection Activities Under OMB Review: OMB
No. 2139-0002 and 2139-0004 (Financial and Operating Statistics for
Motor Carriers of Property)
Federal Register Notice
March 5, 2002
Volume 67, Number 43
AGENCY: Bureau of Transportation Statistics (BTS), U.S. DOT.
ACTION: Notice.
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:
paula.robinson@bts.gov.
SUPPLEMENTARY INFORMATION:
Electronic Access
You may view all comments submitted to Docket BTS-2001-10909
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 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]
BILLING CODE 4910-FE-P
|
