Page:United States Statutes at Large Volume 109 Part 1.djvu/910

 109 STAT. 894 PUBLIC LAW 104-88—DEC. 29, 1995 " (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 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.—I f 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. "(D) PENDING REQUESTS. — The Secretary shall not release publicly the report of a carrier making a request under subparagraph (A) while such request is pending. "(3) PERIOD OF EXEMPTIONS.—Exemptions granted under this subsection shall be for 3-year periods. "(d) STREAMLINING AND SIMPLIFICATION. — The Secretary shall streamline and simplify, to the maximum extent practicable, any reporting requirements the Secretary imposes under this section. " CHAPTER 143—FINANCE "Sec. "14301. Security interests in certain motor vehicles. "14302. Pooling and division of transportation or earnings. "14303. Consolidation, merger, and acquisition of control of motor carriers of passengers. "§ 14301. Security interests in certain motor vehicles "(a) DEFINITIONS.—In this section, the following definitions apply: "(1) MOTOR VEHICLE. — The term 'motor vehicle' means a truck of rated capacity (gross vehicle weight) of at least 10,000 pounds, a highway tractor of rated capacity (gross combination weight) of at least 10,000 pounds, a property-carrying trailer or semitrailer with at least one load-carrying axle of at least 10,000 pounds, or a motor bus with a seating capacity of at least 10 individuals. "(2) LIEN CREDITOR. — The term 'lien creditor' means a creditor having a lien on a motor vehicle and includes an assignee for benefit of creditors from the date of assignment, a trustee in a case under title 11 from the date of filing of the petition in that case, and a receiver in equity from the date of appointment of the receiver. "(3) SECURITY INTEREST. — The term 'security interest' means an interest (including an interest established by a condi-

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