---
kind: "section"
citation: "49 C.F.R. § 369.8"
title: "49"
number: "369.8"
heading: "Requests for exemptions from filing."
url: "https://uscodex.org/cfr/49/369.8"
---

# §369.8. Requests for exemptions from filing.

- (a) **General.** This section governs requests for exemptions from filing of the report required under [§ 369.1](/cfr/49/369.1.md).
- (b) **Criteria.** The Federal Motor Carrier Safety Administration (FMCSA) may grant a request upon a proper showing that the exemption is necessary to preserve confidential business information that is not otherwise publicly available. Information is considered to be confidential when:
  - (1) Disclosure of the information in the carrier's report would be likely to cause substantial harm to the carrier's competitive position; or
  - (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 filing must contain, at a minimum, the contents that are required for a request for an exemption from public release contained in [§ 369.9(c)](/cfr/49/369.9.md?p=c). A carrier's request may include any other grounds as to why the request should be granted.
- (d) **When requests are due.** The timing of a request for an exemption from filing is the same as the timing for a request for an exemption from public release contained in [§ 369.9(d)](/cfr/49/369.9.md?p=d). For Annual Form M, both the report and the request are due by March 31 of the year following the year to which it relates.
- (e) **Decision to grant or deny a request.**
  - (1) A request will be denied if it fails to provide all of the supporting information required in [paragraph (c)](#c) of this section or if the supporting information is insufficient to establish that information in the carrier's report meets the criteria in [paragraph (b)](#b) of this section.
  - (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 pending, the carrier is required to submit any reports required under [§ 369.1](/cfr/49/369.1.md).
- (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](/cfr/49/369.1.md) for a period of three reporting years.
- (h) **Modification of a decision to grant a request.** If a request is granted it remains in effect in accordance with its terms, unless modified by a later finding that the decision was clearly erroneous. If FMCSA believes such a finding should be made, FMCSA will notify the requesting carrier in writing of the reasons for the modification. The carrier may seek reconsideration of the modification.

## Notes

### Amendments

[64 FR 13922, Mar. 23, 1999. Redesignated at 71 FR 45742, Aug. 10, 2006, and amended at 71 FR 45743, Aug. 10, 2006; 78 FR 76245, Dec. 17, 2013]

### Authority

Authority: 49 U.S.C. 14123; 49 CFR 1.87.

### Amendments

[64 FR 13922, Mar. 23, 1999. Redesignated at 71 FR 45742, Aug. 10, 2006, and amended at 71 FR 45743, Aug. 10, 2006; 78 FR 76245, Dec. 17, 2013]