49 U.S. Code § 14123 - Financial reporting
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(1) Annual reports.— 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.
(b) Matters To Be Covered.— In determining the matters to be covered by any reports to be filed under subsection (a), the Secretary shall consider—
(2) the need to preserve confidential business information and trade secrets and prevent competitive harm;
(1) From filing.— The Secretary may exempt upon good cause shown any party from the financial reporting requirements of subsection (a). Any request for such exemption must demonstrate, at a minimum, that an exemption is required to avoid competitive harm and preserve confidential business information that is not otherwise publicly available.
(2) From public release.—
(A) In general.— The Secretary shall allow, upon request, a filer of a report under subsection (a) that is not a publicly held corporation or that is not subject to financial reporting requirements of the Securities and Exchange Commission, an exemption from the public release of such report.
(B) Procedure.— After a request under subparagraph (A) and notice and opportunity for comment but in no event later than 90 days after the date of such request, the Secretary shall approve such request if the Secretary finds that the exemption requested is necessary to avoid competitive harm and to avoid the disclosure of information that qualifies as a trade secret or privileged or confidential information under section 552 (b)(4) of title 5.
(C) Use of data for internal dot purposes.— If an exemption is granted under this paragraph, nothing shall prevent the Secretary from using data from reports filed under this subsection for internal purposes of the Department of Transportation or including such data in aggregate industry statistics released for publication if such inclusion would not render the filer’s data readily identifiable.
Source(Added Pub. L. 104–88, title I, § 103,Dec. 29, 1995, 109 Stat. 893; amended Pub. L. 105–102, § 2(11),Nov. 20, 1997, 111 Stat. 2205.)
Historical and Revision Notes
Pub. L. 105–102
This amends 49:14123(c)(2)(B) to correct a grammatical error.
Provisions similar to those in this section were contained in section 11145 of this title prior to the general amendment of this subtitle by Pub. L. 104–88, § 102(a).
1997—Subsec. (c)(2)(B). Pub. L. 105–102inserted “in” before “no event”.