Proposed Agency Information Collection Activity; Comment Request
Federal Register Notice
September 2, 1997
Volume 62, Number 169
AGENCY: Bureau of Transportation Statistics (DOT).
ACTION: Notice.
OMB CONTROL NUMBERS: 2139-0002, 2139-0004, and 2139-0005
SUMMARY: This notice announces that three data collections are coming
up for renewal: Quarterly Report of Class I Motor Carriers of Property,
Form QFR; Annual Report of Class I Motor Carriers of Property, Form M-
1; and Annual Report of Class II Motor Carriers of Property, Form M-2.
In compliance with the Paperwork Reduction Act of 1995 (44 U.S.C. 3501
et seq., Public Law 104-13), the Bureau of Transportation Statistics
(BTS) invites the general public, industry, and other Federal agencies
to comment on the continuing need and usefulness of BTS collecting
financial data from Class I and Class II motor carriers of property. The renewal is occurring while BTS is
beginning formal rulemaking for the program under which data are
collected. The rulemaking proposes to examine the same issues as the
paperwork renewal.
DATES: Written comments must be submitted by November 3, 1997.
ADDRESSES: Comments should be directed to the Docket Clerk, Docket No.
BTS-97-2859, Department of Transportation, 400 Seventh Street, SW.,
Room PL-401, Washington, DC 20590, from 10 a.m. to 5 p.m. ET, Monday
through Friday, except Federal Holidays.
Comments should identify the regulatory docket number and be
submitted in duplicate to the address listed above. Commenters wishing
the Department to acknowledge receipt of their comments must submit
with those comments a self-addressed stamped postcard on which the
following statement is made: Comments on Docket BTS-97-2859. The Docket
Clerk will date stamp the postcard and mail it back to the commenter.
All comments submitted will be available for examination in the Rules
Docket both before and after the closing date for comments.
FOR FURTHER INFORMATION CONTACT: David Mednick, K-2, Bureau of
Transportation Statistics, 400 Seventh Street, SW., Washington, DC
20590; (202) 366-8871; Fax: (202) 366-3640; e-mail: david.mednick@bts.gov.
SUPPLEMENTARY INFORMATION:
I. The Data Collection
(1) Title: Quarterly Report of Class I Motor Carriers of Property.
OMB Control No. 2139-0002.
Form No.: BTS Form QFR.
Type of Review: Extension of a currently approved collection.
Respondents: Class I Motor Carriers of Property.
Number of Respondents: 900.
Estimated Time Per Response: 2 hours.
Total Annual Burden: 7,200 hours.
(2) Title: Annual Report of Class I Motor Carriers of Property. OMB
Control No. 2139-0004.
Form No.: BTS Form M-1.
Type of Review: Extension of a currently approved collection.
Respondents: Class I Motor Carriers of Property.
Number of Respondents: 900.
Estimated Time Per Response: 25 hours.
Total Annual Burden: 22,500 hours.
(3) Title: Annual Report of Class II Motor Carriers of Property.
OMB Control No. 2139-0005.
Form No.: BTS Form M-2.
Type of Review: Extension of a currently approved collection.
Respondents: Class II Motor Carriers of Property.
Number of Respondents: 1,900.
Estimated Time Per Response: 10 hours.
Total Annual Burden: 19,000 hours.
Needs and Uses: These data collection forms were transferred from
the Interstate Commerce Commission to the Department of Transportation
(DOT) 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 OMB Control numbers while under the ICC were 3120-0002, 3120-0032,
and 3120-0138. Since Congress preserved the data collection provisions,
albeit with some differences, the regulations remain in effect until
``modified, terminated, superseded, set aside, or revoked'' by BTS.
Section 204 of the Act. That is, the program remains current and DOT
will continue collecting motor carrier financial data as was done when
the ICC administered the program.
The program will also continue under current regulations during
rulemaking. On December 9, 1996, BTS proposed establishing a negotiated
rulemaking committee to help revise the program. A public issues forum,
held on March 31, 1997, provided additional information as to the best
way to proceed with rulemaking. BTS is currently considering how to
proceed with rulemaking, including whether to use negotiated
rulemaking.
Revision of the reporting requirements is necessary because the Act
changed the laws governing data collection slightly. Similar to the old
legislation, the Act requires DOT to collect certain data from motor
carriers of property and motor carriers of passengers.
The Secretary shall require Class I and Class II motor carriers
to file with the Secretary annual financial and safety reports, the
form and substance of which shall be prescribed by the Secretary;
except that, at a minimum, such reports shall include balance sheets
and income statements.
However, the earlier statute did not explicitly charge ICC to
collect information relevant to safety. The Act also allows DOT to
collect certain other data as needed.
The Secretary may require motor carriers, freight forwarders,
brokers, lessors, and associations, or classes of them as the
Secretary may prescribe, to file quarterly, periodic, or special
reports with the Secretary and to respond to surveys concerning
their operations.
In designing the reporting program, DOT must consider, pursuant to
the Act: (1) Safety needs; (2) the need to preserve confidential
business information and trade secrets and prevent competitive harm;
(3) private sector, academic, and public use of information in the
reports; and (4) the public interest. Congress has also explicitly
called on DOT to ``streamline and simplify'' reporting requirements to
the maximum extent practicable. BTS notes that the data needs of the
public and private sectors have changed, and the technology to collect,
process, and disseminate data is much improved. Further, as part of the
Regulatory Reinvention Initiative, the President asked that agencies
reduce by half the frequency of reports that the public is required to
provide. Likewise, the Paperwork Reduction Act sets a Government wide
goal for the reduction of information collection burdens of 25 percent
by the end of fiscal year 1998. 35 U.S.C. 3505.
As it redesigns the data collection program under the Act, BTS will
seek to determine the government and private needs for motor carrier
financial and operating data and how to balance these needs against the
burden on respondents. This rulemaking will form the basis for
addressing these questions, as well as others that may be identified as
this process continues. When complete, the Bureau hopes to resolve: (1)
Which motor carriers should report; (2) what data items should be
collected; (3) how often data should be collected; and (4) whether BTS
should release carrier-specific data in addition to aggregate data and,
if so, what entities should have access.
It is against this background of rulemaking that BTS is renewing
the QFR, M-1, and M-2 report forms. While the rulemaking process will
likely take longer to complete than renewal of the report forms, it
covers the same areas and is a more rigorous review. The rulemaking
will serve to inform BTS about the needs and uses of the data on the
one hand, and about potential gains in reducing reporting burdens on
the other. The information collection will be changed accordingly.
II. Request for Comments
BTS requests comments concerning the information collection,
including whether (a) the reports are needed by BTS to fulfill its
legal mandate under 14 U.S.C. Sec. 14123 to collect financial data from
motor carriers; (b) BTS accurately estimated the reporting burden; (c)
there are other ways to enhance the quality, utility, or clarity of the
information collected; and (d) there are ways to minimize reporting
burden, including the use of automated collection techniques or other forms of
information technology.
Robert A. Knisely,
Deputy Director, Bureau of Transportation Statistics.
[FR Doc. 97-23195 Filed 8-29-97; 8:45 am]
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