(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;
     
    
    
        
        (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]