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Reports of Motor Carriers; Notice of Requests for Exemptions From Public Release; Request for Comments
Federal Register Notice
December 28, 2001
Volume 66, Number 249
AGENCY: Bureau of Transportation Statistics (BTS), DOT.
ACTION: Notice.
SUMMARY: This Notice announces BTS' receipt of exemption requests from
the motor carriers listed below and invites public comments on the
exemption requests. Class I and Class II for-hire motor carriers of
property and household goods, with gross annual operating revenue of $3
million or more, are required to file annual reports with the BTS and
Class I motor carriers must also file quarterly reports. As provided by
statute, carriers may request that their reports be withheld from
public release. BTS has opened a public docket and is inviting comments
on the exemption requests from motor carriers listed below.
DATES: Comments must be submitted by February 26, 2002.
ADDRESSES: Send comments to the U. S. Department of Transportation,
Dockets Management System (DMS). You may submit your comments by fax,
Internet, in person or via the U.S. mail to the Docket Clerk, Docket
No. BTS-2001-11069, Department of Transportation, 400 Seventh Street,
SW., Room PL-401, Washington, DC 20590-0001. 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 have provided any
correspondence related to any exemption request listed below, please
call (202) 366-5685 to verify receipt at U.S. DOT.
If you wish to file comments using the Internet, you may use the
DOT DMS website at http://dms.dot.gov. Please follow the online
instructions for submitting an electronic comment. 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-2001-11069. 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.
FOR FURTHER INFORMATION CONTACT: Russell B. Capelle, Jr., K-13, Bureau
of Transportation Statistics, 400 Seventh Street, SW., Washington, DC
20590-0001; (202) 366-5685; fax: (202) 366-3364; e-mail:
russ.capelle@bts.gov or Robert A. Monniere, K-2, Bureau of
Transportation Statistics, 400 Seventh Street, SW., Washington, DC
20590-0001; (202) 366-5498; fax: (202) 366-3640; e-mail:
robert.monniere@bts.gov.
SUPPLEMENTARY INFORMATION:
I. Background
Under 49 U.S.C. 14123 and its implementing regulations at 49 CFR
part 1420, BTS collects financial and operating information from for-
hire motor carriers of property and household goods. The data are
collected on annual Form M, filed by Class I and Class II carriers, and
quarterly Form QFR, filed only by Class I carriers. The data are used
by the Department of Transportation, other federal agencies, motor
carriers, shippers, industry analysts, labor unions, segments of the
insurance industry, investment analysts, and the consultants and data
vendors that support these users. Among the uses of the data are: (1)
Developing financial and operating performance indicators to better
measure the trucking industry and the motor carriers' role in the
economy; (2) Implementing performance-based government policies; (3)
Developing benchmark data for competitive analysis of trucking
companies and the basis for industry policies; and (4) Research and
analysis by educational institutions.
Generally, all data are made publicly available. A motor carrier
can, however, request that its report be withheld from public release,
as provided for by statute, 49 U.S.C. 14123(c)(2), and its implementing
regulations, 49 CFR 1420.9. BTS will grant a request upon a proper showing that the carrier
is not a publicly held corporation or that the carrier is not subject
to financial reporting requirements of the Securities and Exchange
Commission, and that the exemption is necessary to avoid substantial
competitive harm and to avoid the disclosure of information that
qualifies as trade secret or privileged or confidential information
under 5 U.S.C. 552(b)(4). The carrier must submit a written request
containing supporting information. The request must be received or
postmarked by the report's due date unless there are extenuating
circumstances. Requests covering the quarterly reports must be received
by the due date of the annual report that relates to the prior year.
Motor carriers are reminded that an exemption from public release
is valid for a period of three years from the date the report was due
to BTS, 49 CFR 1420.9(g). After a date three years from the report's
due date, unless otherwise required by law, BTS will make these reports
available to the public.
In accordance with our regulations, after the due date of each
annual report, we will publish a notice in the Federal Register
requesting comments on the requests we have received for an exemption
from public release. After considering the merits of each request and
any public comments, we will make a decision to grant or deny each
exemption request. While a decision is pending, we will not publicly
release the motor carrier's annual and/or quarterly report(s), except
as allowed under 49 CFR 1420.10(c).
II. Request for Comments
BTS invites comments on the following requests for exemption from
public release. These requests cover the 1999 & 2000 annual reports and
some also cover the 2000 & 2001 quarterly reports. The comments should
be made within the context of the governing regulations at 49 CFR
1420.9. For additional information concerning these regulations, the
public is encouraged to review the BTS final rule published in March
23, 1999 edition of the Federal Register (64 FR 13916).
The following motor carriers have submitted a request for an
exemption from public release and we invite your comments:
Aulick Leasing Corp. (MC# 167541)
B & T Express, Inc. (MC# 194598)
Barr Transportation Corp. (MC# 141335)
Bernard D. Harner & Son, Inc. (MC# 142525)
Bullet Freight System, Inc. (MC# 240746)
C.R. England, Inc. (MC# 124679)
CZ Cartage, Inc. (MC# 272644)
Central States Trucking Co. (MC# 152337)
Central Trucking, Inc. (MC# 155550)
Chickasaw Container Services, Inc. (MC# 176391)
Chuck Foster Trucking, Inc. (MC# 252061)
Comcar Industries, Inc. and its six affiliated companies *
* Coastal Transport, Inc. (MC# 121654)
* Commercial Carrier, Corp. (MC# 115491)
* CTL Distribution, Inc. (MC# 129326)
* MD Transport Systems, Inc. (MC# 136123)
* Midwest Coast Transport, Inc. (MC# 111812)
* Willis Shaw Express, Inc. (MC# 117119)
Coosada Trucking Co., Inc. (MC# 183165)
Cowan Systems, LLC (MC# 271882)
Crewe Transfer, Inc. (MC# 36222)
D & A Truck Line, Inc. (MC# 147545)
Ee-Jay Motor Transports, Inc. (MC# 119422)
H.O. Wolding, Inc. (MC# 142310)
Harry Owen Trucking, Inc. (MC# 160454)
Harvey D. Bailey, Inc. d/b/a Cross Country Cartage (MC# 190669)
Hartwick & Hand, Inc. (MC# 197217)
Hornady Truck Line, Inc. (MC# 121664)
Illinois Armored Car Corporation d/b/a United Armored Services (MC# 157414)
Indiana Western Express (MC# 212622)
Industrial Transfer & Storage, Inc. (MC# 183132)
J & S Transport, Inc. (MC# 178215)
J L J Trucking, Inc. (MC# 200833)
Laris Shelman & Sons Trucking (MC# 222645)
Laura Kopetsky Tri-Ax, Inc. (MC# 259667)
Martin Transport, Inc. (MC# 164594)
McLeod, Inc. (MC# 239540)
Olson Carriers, Inc. (MC# 173716)
Riverton Truckers, Inc. (MC# 250963)
S-J Transportation Company (MC# 150546)
Schneider National and its five affiliated companies *
* Schneider National Carriers, Inc. (MC# 133655)
* Schneider National Bulk Carriers, Inc. (MC# 143594)
* Schneider Specialized Carriers, Inc. (MC# 113855)
* Schneider Tank Lines, Inc. (MC# 110988)
* Schneider Transport, Inc. (MC# 051146)
Security Armored Car Service, Inc. (MC# 134009)
Shelton Trucking Service, Inc. (MC# 124887)
Southern Pride Trucking Company, Inc. (MC# 149343)
T & M Express, Inc. (MC# 269387)
Thomas H. Ireland, Inc. (MC# 244166)
Transportation Services, Inc. (MC# 147039)
Truck Air of Carolinas, Inc. (MC# 167209)
W-H Transportation Co., Inc. (MC# 146329)
Wesco, Inc. (MC# 152643)
If you wish to read the exemption requests and the comments that
are submitted in response to this Notice, you must use the DOT Dockets
Management System. The DMS is located at the Department of
Transportation, 400 Seventh Street, SW., Room PL-401, Washington, DC
20590, and is open from 9 a.m. to 5 p.m., Monday through Friday, except
Federal holidays. Internet users can access the DMS at http://dms.dot.gov. Please follow the instructions online for more information
and help. You must also use the DMS if you wish to comment on one or
more exemption requests. Please follow the instructions listed above
under the section ADDRESSES.
Russell B. Capelle, Jr.,
Assistant BTS Director for Motor Carrier Information.
[FR Doc. 01-32023 Filed 12-27-01; 8:45 am]
BILLING CODE 4910-FE-P
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