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Federal Register / Vol. 86, No. 161 / Tuesday, August 24, 2021 / Notices
lotter on DSK11XQN23PROD with NOTICES1

I. Background The Secretary of Transportation has discretionary authority to prescribe the records required to be prepared or compiled by certain for-hire motor carriers and brokers subject to the commercial regulations implementing Title 49 U.S.C., subtitle IV, part B, including records related to movement of traffic and receipts and expenditures of money. 49 U.S.C. 14122a. The Secretary may prescribe the time period during which operating, accounting, and financial records must be preserved by for-hire motor carriers and brokers subject to the reporting requirements. 49
U.S.C. 14122c. In addition, some forhire motor carriers transporting either passengers or property are required to submit annual financial reports under 49 U.S.C. 14123.
FMCSAs regulations include record retention requirements in several places.
Appendix A to part 379 provides a generalized listing of retention times for records required to be prepared or compiled by certain for-hire motor carriers and brokers subject to the commercial regulations implementing Title 49 U.S.C., subtitle IV, part B. Parts 369 and 379 of the FMCSRs contain the regulations relating to annual reporting and preservation of records. Other parts of the FMCSRs contain specific record retention requirements for records pertinent to that part.
FMCSAs predecessor agency, the Interstate Commerce Commission, published a final rule on March 18, 1985, 50 FR 10774 which created Note A to be applied to certain records listed in Appendix A. The note is codified at the end of Appendix A to part 379 and is listed as the applicable Retention Period for several items and categories of records on the table in Appendix A. Note A indicates that the records so referenced shall be maintained as determined by the designated records supervisory official for the company. It further states that companies should be aware of other regulatory agencies record retention requirements and exercise reasonable care in choosing retention periods which reflect past experiences, company needs, pending litigation, and regulatory requirements.
Only a few of the FMCSRs refer to the record-keeping requirements in 49 CFR
part 379 as the basis for retention requirements. FMCSA requests comments providing information on the necessity and appropriateness of these references and links described below:
1. Title 49 CFR part 369 contains regulations governing the reporting requirements for motor carriers under
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the authority of 49 U.S.C. 14123a.
Those reporting requirements are now very minimal. Only large for-hire motor carriers of property and large for-hire motor carriers of passengers are subject to the annual report provisions. See 49
CFR 369.1369.4. The records necessary to support these reporting requirements are specified in 49 CFR 369.5: Books, records and carrier operating documents shall be retained as prescribed in 49
CFR part 379, Preservation of Records.
2. Regulations found in 49 CFR part 373 govern the issuance of bills of lading and freight or expense bills by for-hire motor carriers to shipper and receivers. With some exceptions, forhire carriers are required to issue bills of lading with certain specified information, such as receipts for property being transported as required by the Carmack Amendment, 49 U.S.C.
14706. 49 CFR 373.101. A record of the information on the bill of lading is required to be kept in accordance with part 379. Property carriers are also required to issue freight or expense bills with specified information, and to retain copies of such documents in accordance with part 379, 49 CFR 373.103a. Forhire motor carriers of property may enter into written agreements with shippers to waive any of these requirements, 49 U.S.C. 14101b1.
Part 373 also includes requirements applicable to for-hire passenger carriers to issue an expense bill for charter service, and to retain copies of such documents in accordance with part 379, 49 CFR 373.103b.
II. Request for Public Comments FMCSA requests comments on recordkeeping activities associated with Appendix A to part 379 and responses to the questions below.
General Question: Records Retention 1. If other Federal or State entities have record retention requirements for similar or the same records, what type of records are they, how long are you required to retain them, and which Federal or State entities require them?
You may find it useful, when answering this question, to submit your responses in a table format. If you wish to do so, go to the docket FMCSA2019
0074 at Regulations.gov and fill out and submit the table as part of your comment to this RFI. This table may be found in the supporting materials for the docket and includes current FMCSA
existing recordkeeping requirements in Part 379 and those under consideration.
Information can be added to each requirement concerning whether other agencies collect this information from
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you and for how long they request retention.
Retention Times 2. How long do you hold each of the records listed in Appendix A that are subject to Note A now?
3. Do you hold them that long ONLY
because of the requirement in Appendix A?
If yes, how long would you hold them in the ordinary course of business regardless of the Appendix A
requirement?
Numbers and Costs of Records Retention 4. For each category of records maintained for FMCSA, how many records do you maintain, e.g., how many physical pages/volumes of electronic information do you retain?
How many and which categories of records are also subject to the requirements of another regulatory entity?
5. Can you provide an estimate for how much it costs to store each category of records per year? Does this cost reflect retaining paper records, electronic records, or both?
Note A
6. Should any of the items listed in Appendix A that do not refer to Note A
be modified to adopt Note A?
7. As Note A does not provide a specific retention period, should those items remain in Appendix A or be removed?
8. Is it helpful to retain Note A? Why or why not?
Issued under authority delegated in 49 CFR
1.87.
Meera Joshi, Deputy Administrator.
FR Doc. 202118169 Filed 82321; 8:45 am BILLING CODE 4910EXP

DEPARTMENT OF TRANSPORTATION
Federal Transit Administration FTA Docket No. FTA 20210007

Agency Information Collection Activity Under OMB Review AGENCY:

Federal Transit Administration,
DOT.
ACTION:

Notice of request for comments.

In compliance with the Paperwork Reduction Act of 1995, this notice announces that the Information Collection Requirements ICRs abstracted below have been forwarded to the Office of Management and Budget OMB for review and comment. The
SUMMARY:

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