(a) In general. Unless otherwise provided in this section, the data contained in a report filed under §369.1 shall be made publicly available, but no sooner than the due date for the report.

(b) Exceptions relating to exemptions from public release.

(1) If a request for an exemption from public release is pending under §369.9, FMCSA will not publicly release the reports covered by the request until at least the time that a decision to grant or deny the request is made.

(2) If a carrier is granted an exemption from public release under §369.9, FMCSA will not publicly release the reports covered by the granted exemption for a period of three years from the report's due date.

(c) Other exceptions. Notwithstanding any other provision of this part, information may be released:

(1) If the data are included in aggregate industry statistics that do not identify the individual carrier;

(2) To other components of the Department of Transportation for their internal use only;

(3) If required by law;

(4) With the consent of the carrier filing the report; or

(5) To contractors, if necessary for the performance of a contract with FMCSA.

[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. 10, 2006]