DOT 49 CFR PART 369-2010 REPORTS OF MOTOR CARRIERS.pdf

1、57 Federal Motor Carrier Safety Administration, DOT 369.2 of Data Analysis and Information Sys-tems within 20 days of the date of the letter denying the application. The de-cision of the Director will be the final agency order. PART 369REPORTS OF MOTOR CARRIERS Sec. 369.1 Annual reports of motor car

2、riers of property, motor carriers of household goods, and dual property carriers. 369.2 Classification of carriersmotor car-riers of property, household goods car-riers, and dual property carriers. 369.3 Classification of carriersmotor car-riers of passengers. 369.4 Annual and quarterly reports of C

3、lass I carriers of passengers. 369.5 Records. 369.6 Address. 369.8 Requests for exemptions from filing. 369.9 Requests for exemptions from public release. 369.10 Public release of motor carrier of property data. 369.11 Quarterly reports of passenger reve-nues, expenses, and statistics. AUTHORITY: 5

4、U.S.C. 553 and 559; 16 U.S.C. 1456; 49 U.S.C. 14123; 49 CFR 1.73. 369.1 Annual reports of motor car-riers of property, motor carriers of household goods, and dual property carriers. (a) Annual Report Form M. All class I and class II common and contract car-riers of property, including household good

5、s and dual property motor car-riers, must file Motor Carrier Annual Report Form M (Form M). Carriers must file the annual report on or be-fore March 31 of the year following the year to which it relates. For classifica-tion criteria, see 369.2. (b) Quarterly Report Form QFR. All class I common motor

6、 carriers of prop-erty and class I household goods motor carriers must file Motor Carrier Quar-terly Report Form QFR (Form QFR). The quarterly accounting periods end on March 31, June 30, September 30, and December 31. The quarterly reports must be filed within 30 calendar days after the end of the

7、reporting quarter. (c) Where to file reports. Carriers must file the quarterly and annual reports with the Federal Motor Carrier Safety Administration at the address in 369.6. You can obtain blank copies of the re-port forms from the Federal Motor Car-rier Safety Administration. 64 FR 13921, Mar. 23

8、, 1999. Redesignated at 71 FR 45742, Aug. 10, 2006, and amended at 71 FR 45743, Aug. 10, 2006 369.2 Classification of carriers motor carriers of property, house-hold goods carriers, and dual prop-erty carriers. (a) Common and contract motor car-riers of property are grouped into the following three

9、classes: Class I. Carriers having annual car-rier operating revenues (including interstate and intrastate) of $10 million or more after applying the revenue deflator formula in Note A. Class II. Carriers having annual car-rier operating revenues (including interstate and intrastate) of at least $3 m

10、illion but less than $10 million after applying the revenue deflator formula in Note A. Class III. Carriers having annual car-rier operating revenues (including interstate and intrastate) of less than $3 million after applying the revenue deflator formula in Note A. (b)(1) The class to which any car

11、rier belongs shall be determined by annual carrier operating revenues (excluding revenues from private carriage, com-pensated intercorporate hauling, and leasing vehicles with drivers to private carriers) after applying the revenue deflator formula in Note A. Upward and downward classification will

12、be ef-fective as of January 1 of the year im-mediately following the third consecu-tive year of revenue qualification. (2) Any carrier which begins new op-erations by obtaining operating au-thority not previously held or extends its existing authority by obtaining ad-ditional operating rights shall

13、be clas-sified in accordance with a reasonable estimate of its annual carrier oper-ating revenues after applying the rev-enue deflator formula shown in Note A. (3) When a business combination oc-curs such as a merger, reorganization, or consolidation, the surviving carrier shall be reclassified effe

14、ctive as of Jan-uary 1 of the next calendar year on the basis of the combined revenues for the year when the combination occurred after applying the revenue deflator for-mula shown in Note A. VerDate Mar2010 08:20 Dec 16, 2010 Jkt 220216 PO 00000 Frm 00067 Fmt 8010 Sfmt 8010 Y:SGML220216.XXX 220216j

15、djones on DSK8KYBLC1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-58 49 CFR Ch. III (10110 Edition) 369.3 (4) Carriers must notify the Federal Motor Carrier Safety Administration (FMCSA) of any change in classifica-tion or any change i

16、n annual operating revenues that would cause a change in classification. The carrier may request a waiver or an exception from these regulations in unusual or extenuating circumstances, where the classification process will unduly burden the carrier, such as partial liquidation or curtail-ment or el

17、imination of contracted services. The request must be in writ-ing, specifying the conditions justi-fying the waiver or exception. FMCSA will notify the carriers of any change in classification. (5) Carriers not required to file an Annual Report Form M may be re-quired to file the Worksheet for Calcu

18、-lating Carrier Classification. All car-riers will be notified of any classifica-tion changes. NOTE A: Each carriers operating revenues will be deflated annually using the Producers Price Index (PPI) of Finished Goods before comparing those revenues with the dollar revenue limits prescribed in parag

19、raph (a) of this section. The PPI is published monthly by the Bureau of Labor Statistics. The for-mula to be applied is as follows: Current year s annualoperating revenuesaverage PPPIoperating revenues=1994 PICurrent years average Adjusted annual52 FR 10383, Apr. 1, 1987, as amended at 59 FR 5111, F

20、eb. 3, 1994; 59 FR 49848, Sept. 30, 1994. Redesignated at 63 FR 52193, Sept. 30, 1998, and amended at 64 FR 13921, 13922, Mar. 23, 1999; 68 FR 4719, Jan. 30, 2003. Resesignated at 71 FR 45742, Aug. 10, 2006, and amended at 71 FR 45743, Aug. 10, 2006 369.3 Classification of carriers motor carriers of

21、 passengers. (a) Common and contract carriers of passengers are grouped into the fol-lowing two classes: Class ICarriers having average an-nual gross transportation operating revenues (including interstate and intrastate) of $5 million or more from passenger motor carrier operations after applying t

22、he revenue deflator for-mula as shown in the Note. Class IICarriers having average an-nual gross transportation operating revenues (including interstate or intra-state) of less than $5 million from pas-senger motor carrier operations after applying the revenue deflator formula as shown in the Note.

23、(b)(1) The class to which any carrier belongs shall be determined by annual carrier operating revenues after apply-ing the revenue deflator formula as shown in the Note. Upward and down-ward reclassification will be effective as of January 1 of the year imme-diately following the third consecutive y

24、ear of revenue qualification. (2) Any carrier which begins new op-erations (obtains operating authority not previously held) or extends its ex-isting authority (obtains additional op-erating rights) shall be classified in ac-cordance with a reasonable estimate of its annual carrier operating revenue

25、s after applying the revenue deflator for-mula shown in the Note. (3) When a business combination oc-curs, such as a merger, reorganization, or consolidation, the surviving carrier shall be reclassified effective as of Jan-uary 1 of the next calendar year on the basis of the combined revenues for th

26、e year when the combination occurred after applying the revenue deflator for-mula shown in the Note. (4) Carriers shall notify the FMCSA of any change in classification or when their annual operating revenues exceed the Class II limit by writing to the Federal Motor Carrier Safety Adminis-tration at

27、 the address in 369.6. In un-usual circumstances where the classi-fication regulations and reporting re-quirements will unduly burden the car-rier, the carrier may request from the FMCSA a waiver from these regula-tions. This request shall be in writing specifying the conditions justifying the waive

28、r. The FMCSA then shall notify carriers of any change in classification or reporting requirements. VerDate Mar2010 08:20 Dec 16, 2010 Jkt 220216 PO 00000 Frm 00068 Fmt 8010 Sfmt 8010 Y:SGML220216.XXX 220216ec03mr91.051jdjones on DSK8KYBLC1PROD with CFRProvided by IHSNot for ResaleNo reproduction or

29、networking permitted without license from IHS-,-,-59 Federal Motor Carrier Safety Administration, DOT 369.6 (c) For classification purposes, the FMCSA shall publish in the FEDERAL REGISTER annually an index number which shall be used for adjusting gross annual operating revenues. The index number (d

30、eflator) is based on the Pro-ducer Price Index of Finished Goods and is used to eliminate the effects of inflation from the classification proc-ess. NOTE: Each carriers operating revenues will be deflated annually using the Producers Price Index (PPI) of Finished Goods before comparing them with the

31、 dollar revenue lim-its prescribed in paragraph (a) of this sec-tion. The PPI is published monthly by the Bureau of Labor Statistics. The formula to be applied is as follows: Current year s annualoperating revenuesaverage PPPIoperating revenues=1986 PICurrent years average Adjusted annual53 FR 4029,

32、 Feb. 11, 1988. Redesignated at 63 FR 52193, Sept. 30, 1998, and amended at 68 FR 4719, Jan. 30, 2003. Redesignated at 71 FR 45742, Aug. 10, 2006, and amended at 71 FR 45743, Aug. 10, 2006 369.4 Annual and quarterly reports of Class I carriers of passengers. (a) All Class I motor carriers of pas-sen

33、gers shall complete and file Motor Carrier Quarterly and Annual Report Form MP1 for Motor Carriers of Pas-sengers (Form MP1). Other than Class I carriers are not required to file Form MP1. (b) Motor Carrier Quarterly and An-nual Report Form MP1 shall be used to file both quarterly and annual se-lect

34、ed motor carrier data. The annual accounting period shall be based either (1) on the 31st day of December in each year, or (2) an accounting year of thir-teen 4-week periods ending at the close of the last 7 days of each calendar year. A carrier electing to adopt an account-ing year of thirteen 4-we

35、ek periods shall file with the FMCSA a statement showing the day on which its account-ing year will close. A subsequent change in the accounting period may not be made except by authority of the FMCSA. The quarterly accounting pe-riod shall end on March 31, June 30, September 30, and December 31. Th

36、e quarterly report shall be filed within 30 days after the end of the reporting quarter. The annual report shall be filed on or before March 31 of the year following the year to which it relates. (c) The quarterly and annual report shall be filed in duplicate to the Fed-eral Motor Carrier Safety Adm

37、inistra-tion at the address in 369.6. Copies of Form MP1 may be obtained from the FMCSA. 52 FR 20400, June 1, 1987. Redesignated at 63 FR 52193, Sept. 30, 1998, as amended at 68 FR 4719, Jan. 30, 2003. Redesignated at 71 FR 45742, Aug. 10, 2006, and amended at 71 FR 45743, Aug. 10, 2006 369.5 Record

38、s. Books, records and carrier operating documents shall be retained as pre-scribed in 49 CFR part 379, Preserva-tion of Records. 52 FR 10383, Apr. 1, 1987. Redesignated at 63 FR 52193, Sept. 30, 1998. Redesignated at 71 FR 45742, Aug. 10, 2006, and amended at 71 FR 45743, Aug. 10, 2006 369.6 Address

39、. The following address must be used by motor carriers when submitting a report, requesting an exemption from filing a report, or requesting an exemp-tion from public release of a report: Federal Motor Carrier Safety Adminis-tration, Office of Information Tech-nology (MCRI), 1200 New Jersey Ave., SE

40、., Washington, DC 205900001. This address may also be used for general correspondence regarding the data col-lection program described in this sec-tion. 64 FR 13923, Mar. 23, 1999, as amended at 68 FR 4719, Jan. 30, 2003. Redesignated at 71 FR 45742, Aug. 10, 2006, and amended at 71 FR 45743, Aug. 1

41、0, 2006; 72 FR 55699, Oct. 1, 2007 VerDate Mar2010 08:20 Dec 16, 2010 Jkt 220216 PO 00000 Frm 00069 Fmt 8010 Sfmt 8010 Y:SGML220216.XXX 220216ec03mr91.052jdjones on DSK8KYBLC1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-60 49 CFR Ch.

42、III (10110 Edition) 369.8 369.8 Requests for exemptions from filing. (a) In General. This section governs requests for exemptions from filing of reports required under 369.1. (b) Criteria. The Federal Motor Car-rier Safety Administration (FMCSA) may grant a request upon a proper showing that the exe

43、mption is nec-essary to preserve confidential business information that is not otherwise pub-licly available. Information is consid-ered to be confidential when: (1) Disclosure of the information in the carriers report would be likely to cause substantial harm to the carriers competitive position; o

44、r (2) Disclosure of information in the report would be likely to impair protectable government interests. (c) Contents of a request. The contents of a request for an exemption from fil-ing must contain, at a minimum, the contents that are required for a request for an exemption from public release c

45、ontained in 369.9(c). A carriers re-quest may include any other grounds as to why the request should be grant-ed. (d) When requests are due. The timing of a request for an exemption from fil-ing is the same as the timing for a re-quest for an exemption from public re-lease contained in 369.9(d). The

46、 table below summarizes report and request due dates. Report Report due by Request due by Annual Form M March 31 . March 31 First Quarter Form QFR April 30 March 31 Second Quarter Form QFR . July 31 . March 31 Third Quarter Form QFR . October 31 . March 31 Fourth Quarter Form QFR January 31 . March

47、31 (e) Decision to grant or deny a request. (1) A request will be denied if it fails to provide all of the supporting informa-tion required in paragraph (c) of this section or if the supporting informa-tion is insufficient to establish that in-formation in the carriers report meets the criteria in p

48、aragraph (b) of this sec-tion. (2) FMCSA will grant or deny each request within a reasonable period of time. FMCSA will notify the carrier of its decision. The decision by FMCSA shall be administratively final. (f) Pendency. While a request is pend-ing, the carrier is required to submit any reports

49、required under 369.1. (g) Period of exemptions. If a request for an exemption under this section is granted, the carrier will be exempt from the reporting requirements of 369.1 for a period of three reporting years. (h) Modification of a decision to grant a request. If a request is granted it re-mains in effect in accordance with its terms, unless modified by a later find-ing that the decision was clearly erro-neous. If FMCSA beli