Federal Register / Vol. 87, No. 133 / Wednesday, July 13, 2022 / Notices 41853 

applicants in the exemption document 

and includes the following: (1) each 

driver must report any crashes or 

accidents as defined in § 390.5; (2) each 

driver must report all citations and 

convictions for disqualifying offenses 

under 49 CFR 383 and 49 CFR 391 to 

FMCSA; and (3) each driver is 

prohibited from operating a motorcoach 

or bus with passengers in interstate 

commerce. The driver must also have a 

copy of the exemption when driving, for 

presentation to a duly authorized 

Federal, State, or local enforcement 

official. In addition, the exemption does 

not exempt the individual from meeting 

the applicable CDL testing 

requirements. 

VI. Preemption 

During the period the exemption is in 

effect, no State shall enforce any law or 

regulation that conflicts with this 

exemption with respect to a person 

operating under the exemption. 

VII. Conclusion 

Based upon its evaluation of the 22 

exemption applications, FMCSA 

exempts the following drivers from the 

hearing standard, § 391.41(b)(11), 

subject to the requirements cited above: 

Christopher Adams (IA), Jerritt Boehle 

(IL), Nathan Bohannon (TX), John 

Darr (TN), Jeremy Earl (IL), Taniko 

Graham (TN), Rodney Henley (AL), 

Quincy Hicks (VA), Omar Ibrahim 

(MN), Larry Mancill (MO), Glenn 

McCormack (IL), Carlos Morales (FL), 

Steven Morris (TX), Tisha Simmons 

(NC), Vikramdeep Singh (NY), Joseph 

Stanford, III (OR), Charles Stire (KY), 

Amanda Sturdevant (TX), Robert 

Walker, Jr. (WA), Joshua Wayland 

(IL), Kevin Young (AL), Karisa 

Zapotocky (CA) 

In accordance with 49 U.S.C. 

31315(b), each exemption will be valid 

for 2 years from the effective date unless 

revoked earlier by FMCSA. The 

exemption will be revoked if the 

following occurs: (1) the person fails to 

comply with the terms and conditions 

of the exemption; (2) the exemption has 

resulted in a lower level of safety than 

was maintained prior to being granted; 

or (3) continuation of the exemption 

would not be consistent with the goals 

and objectives of 49 U.S.C. 31136(e) and 

31315(b). 

Larry W. Minor, 

Associate Administrator for Policy. 

[FR Doc. 2022–14849 Filed 7–12–22; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

[Docket No. FMCSA–2022–0080] 

Agency Information Collection 

Activities; Renewal of an Approved 

Information Collection: Lease and 

Interchange of Vehicles 

AGENCY: Federal Motor Carrier Safety 

Administration (FMCSA), Department 

of Transportation (DOT). 

ACTION: Notice and request for 

comments. 

SUMMARY: In accordance with the 

Paperwork Reduction Act of 1995, 

FMCSA announces its plan to submit 

the Information Collection Request (ICR) 

described below to the Office of 

Management and Budget (OMB) for its 

review and approval and invites public 

comment. This ICR will enable FMCSA 

to document the burden associated with 

the for-hire truck leasing regulations 

and passenger carrier regulations. These 

regulations require certain for-hire 

property carriers and certain for-hire 

and private passenger carriers to have a 

formal lease when leasing equipment 

from other motor carriers. FMCSA 

requests approval to renew an ICR 

titled, ‘‘Lease and Interchange of 

Vehicles.’’ 

DATES: Comments on this notice must be 

received on or before September 12, 

2022. 

ADDRESSES: You may submit comments 

identified by Federal Docket 

Management System Docket Number 

FMCSA–2022–0080 using any of the 

following methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the online 

instructions for submitting comments. 

• Fax: (202) 493–2251. 

• Mail: Dockets Operations; U.S. 

Department of Transportation, 1200 

New Jersey Avenue SE, West Building, 

Ground Floor, Room W12–140, 

Washington, DC 20590–0001. 

• Hand Delivery or Courier: U.S. 

Department of Transportation, 1200 

New Jersey Avenue SE, West Building, 

Ground Floor, Room W12–140, 

Washington, DC 20590–0001 between 9 

a.m. and 5 p.m. e.t., Monday through 

Friday, except Federal holidays. 

Instructions: All submissions must 

include the Agency name and docket 

number. For detailed instructions on 

submitting comments see the Public 

Participation heading below. Note that 

all comments received will be posted 

without change to https://

www.regulations.gov, including any 

personal information provided. Please 

see the Privacy Act heading below. 

Docket: For access to the docket to 

read background documents or 

comments received, go to https://

www.regulations.gov, and follow the 

online instructions for accessing the 

dockets, or go to the street address listed 

above. 

Privacy: In accordance with 5 CFR 

1320.8(d)(1), DOT solicits comments 

from the public to better inform its 

collections of information approval 

process. DOT posts these comments, 

without edit, including any personal 

information the commenter provides, to 

www.regulations.gov, as described in 

the system of records notice (DOT/ALL– 

14 FDMS), which can be reviewed at 

www.dot.gov/privacy. 

Public Participation: The Federal 

eRulemaking Portal is available 24 

hours each day, 365 days each year. You 

can obtain electronic submission and 

retrieval help and guidelines under the 

‘‘help’’ section of the Federal 

eRulemaking Portal website. If you want 

us to notify you that we received your 

comments, please include a selfaddressed, stamped envelope or 

postcard, or print the acknowledgement 

page that appears after submitting 

comments online. Comments received 

after the comment closing date will be 

included in the docket and will be 

considered to the extent practicable. 

FOR FURTHER INFORMATION CONTACT: 

Stacy Ropp, Compliance Division, DOT, 

FMCSA, West Building 6th Floor, 1200 

New Jersey Avenue SE, Washington, DC 

20590–0001; (609) 661–2062; 

Stacy.Ropp@dot.gov. 

SUPPLEMENTARY INFORMATION: 

Background 

Property transportation. Under 49 

U.S.C. 14102(a), The Secretary of 

Transportation (Secretary) ‘‘may require 

a motor carrier providing for-hire 

transportation that uses motor vehicles 

not owned by it to transport property 

under an arrangement with another 

party to— 

(1) make the arrangement in writing 

signed by the parties specifying its 

duration and the compensation to be 

paid by the motor carrier; 

(2) carry a copy of the arrangement in 

each motor vehicle to which it applies 

during the period the arrangement is in 

effect; 

(3) inspect the motor vehicles and 

obtain liability and cargo insurance on 

them; and 

(4) have control of and be responsible 

for operating those motor vehicles in 

compliance with requirements 

prescribed by the Secretary on safety of 


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41854 Federal Register / Vol. 87, No. 133 / Wednesday, July 13, 2022 / Notices 

operations and equipment, and with 

other applicable law as if the motor 

vehicles were owned by the motor 

carrier.’’ 

The Secretary has delegated authority 

pertaining to leased motor vehicles to 

FMCSA pursuant to 49 CFR 1.87(a)(6). 

The Agency’s regulations governing 

leased motor vehicles are at 49 CFR part 

376. 

The regulations were adopted to 

ensure that small trucking companies 

were protected when they agreed to 

lease their equipment and drivers to 

larger for-hire carriers. They also ensure 

the government and members of the 

public can determine who is responsible 

for a property-carrying commercial 

motor vehicle. Prior to adoption of the 

regulations, some equipment was leased 

without written agreements, leading to 

disputes over which party to the lease 

was responsible for charges and actions 

and, at times, who was legally 

responsible for the vehicle. 

The regulations specify what must be 

covered in the lease, but leave open how 

many responsibilities must be divided. 

The parties to the lease determine 

numerous details between themselves. 

Part 376 applies only to certain motor 

carriers in interstate commerce and only 

to certain leasing situations based on 

exemptions set forth in § 376.11, which 

cross references other provisions in part 

376. Section 376.11 provides that an 

authorized carrier (a person or persons 

authorized to engage in the 

transportation of property as a motor 

carrier under the provisions of 49 U.S.C. 

13901 and 13902) may perform 

authorized transportation using 

equipment it does not own only when 

the following conditions are met: 

(1) There shall be a written lease 

granting the use of the equipment and 

meeting the requirements contained in 

§ 376.12; 

(2) Receipts, specifically identifying 

the equipment to be leased and stating 

the date and time of day possession is 

transferred, shall be given; and 

(3) The authorized carrier acquiring 

the use of equipment under this section 

shall identify the equipment as being in 

its service. 

Passenger transportation. FMCSA can 

regulate the lease and interchange of 

passenger-carrying commercial motor 

vehicles based on the authority of the 

Motor Carrier Act of 1935 and the Motor 

Carrier Safety Act of 1984, as amended. 

FMCSA’s regulations about the lease 

and interchange of passenger-carrying 

commercial motor vehicles in subpart G 

of 49 CFR part 390 help ensure that 

passenger carriers cannot evade FMCSA 

oversight and enforcement by entering 

into lease agreements to operate under 

the authority of another carrier that 

exercises no control over these 

operations. Motor carriers that (1) 

operate passenger-carrying commercial 

motor vehicles, (2) have active operating 

authority registration with FMCSA to 

transport passengers, and (3) engage in 

the lease or interchange of passengercarrying commercial motor vehicles 

with other motor carriers that have 

active operating authority registration 

with FMCSA to transport passengers, 

are not subject to the regulations in 

subpart G of 49 CFR part 390 and the 

recordkeeping requirements therein. 

Such regulations and requirements also 

do not apply to financial leases (such as 

a closed-end lease, hire purchase, lease 

purchase, purchase agreement, 

installment plan, demonstration or 

loaner vehicle, etc.) between a motor 

carrier and a bank or similar financial 

organization or a manufacturer or dealer 

of passenger-carrying commercial motor 

vehicles. 

Section 390.403(b) specifies the four 

required items of information that any 

lease or interchange record document 

for passenger-carrying commercial 

motor vehicles is required to contain. 

These are (1) vehicle identification 

information; (2) information about and 

signatures of the involved motor carriers 

of passengers [the lessor and the lessee]; 

(3) specific duration of the lease or 

interchange agreement; and (4) a clear 

statement about exclusive possession 

and responsibilities. Section 390.403(c) 

requires a copy of the lease or 

interchange agreement be on the 

passenger-carrying commercial motor 

vehicle during the period of the lease or 

interchange agreement. Both the lessee 

and lessor must retain a copy of the 

lease or interchange agreement for one 

year after the expiration date. 

These property carrier and passenger 

carrier provisions account for the 

burden in this information collection. 

The program change increase of 

75,968 estimated annual burden hours 

(212,256 proposed estimated annual 

burden hours¥136,288 currently 

approved estimated annual burden 

hours) is due to the availability of new 

or improved data, the use of enhanced 

analysis or estimation methodologies, 

and/or the correction of arithmetic or 

other errors made previously when 

calculating the burden for the currently 

approved information collection. 

Previous estimates were based on 2017 

data. Current passenger carrier-related 

estimates are based on the October 29, 

2021, Licensing and Insurance, Motor 

Carrier Management Information 

System, and Safety Measurement 

System snapshots. Current property 

carrier related estimates are based on 

the November 26, 2021, Licensing and 

Insurance, Motor Carrier Management 

Information System, and Safety 

Measurement System snapshots. The 

data pulled for the current ICR shows an 

increase in the overall number of 

affected property carriers and a decrease 

in the overall number of affected 

passenger carriers from the data used in 

the previous ICR. The increase in the 

number of affected property carriers was 

greater than the decrease in the overall 

number of affected passenger carriers 

which resulted in an increase in the 

overall burden hours associated with 

this ICR. 

Title: Lease and Interchange of 

Vehicles. 

OMB Control Number: 2126–0056. 

Type of Request: Renewal of currently 

approved ICR. 

Respondents: Motor carriers 

authorized by the Secretary to transport 

property and passengers that use leased 

equipment. 

Estimated Number of Respondents: 

48,046 [45,536 property carriers (lessees 

and lessors) + 2,230 interstate 

authorized for-hire passenger carriers 

(lessees and lessors) + 124 interstate 

exempt for-hire passenger carriers 

(lessees and lessors) + 156 interstate 

private motor carriers of passengers 

(lessees and lessors)]. 

Estimated Time per Response: Varies 

from 5 to 30 minutes. 

Expiration Date: October 31, 2022. 

Frequency of Response: On occasion. 

Estimated Total Annual Burden: 

212,256 hours [45,536 hours for master 

lease (creation of master leases by 

lessees and lessors that are property 

carriers) + 73,067 hours for standard 

statement (creation of a statement or 

copy of the lease to be carried in each 

leased truck tractor) + 80,320 hours for 

one-time lease negotiations by lessees 

and lessors that are passenger carriers + 

13,333 hours for lease documentation by 

lessees and lessors that are passenger 

carriers + zero or de minimis hours for 

lease copying by passenger carriers]. 

Public Comments Invited: You are 

asked to comment on any aspect of this 

information collection, including: (1) 

whether the proposed collection is 

necessary for the performance of 

FMCSA’s functions; (2) the accuracy of 

the estimated burden; (3) ways for 

FMCSA to enhance the quality, 

usefulness, and clarity of the collected 

information; and (4) ways that the 

burden could be minimized without 

reducing the quality of the collected 

information. The Agency will 

summarize or include your comments in 

the request for OMB’s clearance of this 

ICR. 


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Federal Register / Vol. 87, No. 133 / Wednesday, July 13, 2022 / Notices 41855 

1These criteria may be found in APPENDIX A TO 

PART 391—MEDICAL ADVISORY CRITERIA, 

section H. Epilepsy: § 391.41(b)(8), paragraphs 3, 4, 

and 5, which is available on the internet at https:// 

www.gpo.gov/fdsys/pkg/CFR-2015-title49-vol5/pdf/ 

CFR-2015-title49-vol5-part391-appA.pdf. 

Issued under the authority of 49 CFR 1.87. 

Thomas P. Keane, 

Associate Administrator, Office of Research 

and Registration. 

[FR Doc. 2022–14850 Filed 7–12–22; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

[Docket No. FMCSA–2022–0044] 

Qualification of Drivers; Exemption 

Applications; Epilepsy and Seizure 

Disorders 

AGENCY: Federal Motor Carrier Safety 

Administration (FMCSA), Department 

of Transportation (DOT). 

ACTION: Notice of applications for 

exemption; request for comments. 

SUMMARY: FMCSA announces receipt of 

applications from 16 individuals for an 

exemption from the prohibition in the 

Federal Motor Carrier Safety 

Regulations (FMCSRs) against persons 

with a clinical diagnosis of epilepsy or 

any other condition that is likely to 

cause a loss of consciousness or any loss 

of ability to control a commercial motor 

vehicle (CMV) to drive in interstate 

commerce. If granted, the exemptions 

would enable these individuals who 

have had one or more seizures and are 

taking anti-seizure medication to 

operate CMVs in interstate commerce. 

DATES: Comments must be received on 

or before August 12, 2022. 

ADDRESSES: You may submit comments 

identified by the Federal Docket 

Management System Docket No. 

FMCSA–2022–0044 using any of the 

following methods: 

• Federal eRulemaking Portal: Go to 

www.regulations.gov/, insert the docket 

number, FMCSA–2022–0044, in the 

keyword box, and click ‘‘Search.’’ Next, 

sort the results by ‘‘Posted (NewerOlder),’’ choose the first notice listed, 

and click on the ‘‘Comment’’ button. 

Follow the online instructions for 

submitting comments. 

• Mail: Dockets Operations; U.S. 

Department of Transportation, 1200 

New Jersey Avenue SE, West Building 

Ground Floor, Room W12–140, 

Washington, DC 20590–0001. 

• Hand Delivery: West Building 

Ground Floor, Room W12–140, 1200 

New Jersey Avenue SE, Washington, DC 

20590–0001 between 9 a.m. and 5 p.m., 

ET, Monday through Friday, except 

Federal Holidays. 

• Fax: (202) 493–2251. 

To avoid duplication, please use only 

one of these four methods. See the 

‘‘Public Participation’’ portion of the 

SUPPLEMENTARY INFORMATION section for 

instructions on submitting comments. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Christine A. Hydock, Chief, Medical 

Programs Division, (202) 366–4001, 

fmcsamedical@dot.gov, FMCSA, DOT, 

1200 New Jersey Avenue SE, Room 

W64–224, Washington, DC 20590–0001. 

Office hours are 8:30 a.m. to 5 p.m., ET, 

Monday through Friday, except Federal 

holidays. If you have questions 

regarding viewing or submitting 

material to the docket, contact Dockets 

Operations, (202) 366–9826. 

SUPPLEMENTARY INFORMATION: 

I. Public Participation 

A. Submitting Comments 

If you submit a comment, please 

include the docket number for this 

notice (Docket No. FMCSA–2022–0044), 

indicate the specific section of this 

document to which each comment 

applies, and provide a reason for each 

suggestion or recommendation. You 

may submit your comments and 

material online or by fax, mail, or hand 

delivery, but please use only one of 

these means. FMCSA recommends that 

you include your name and a mailing 

address, an email address, or a phone 

number in the body of your document 

so that FMCSA can contact you if there 

are questions regarding your 

submission. 

To submit your comment online, go to 

www.regulations.gov/docket?D=FMCSA2022-0044. Next, sort the results by 

‘‘Posted (Newer-Older),’’ choose the first 

notice listed, click the ‘‘Comment’’ 

button, and type your comment into the 

text box on the following screen. Choose 

whether you are submitting your 

comment as an individual or on behalf 

of a third party and then submit. 

If you submit your comments by mail 

or hand delivery, submit them in an 

unbound format, no larger than 81⁄2 by 

11 inches, suitable for copying and 

electronic filing. If you submit 

comments by mail and would like to 

know that they reached the facility, 

please enclose a stamped, self-addressed 

postcard or envelope. 

FMCSA will consider all comments 

and material received during the 

comment period. 

B. Viewing Comments 

To view comments go to 

www.regulations.gov. Insert the docket 

number, FMCSA–2022–0044, in the 

keyword box, and click ‘‘Search.’’ Next, 

sort the results by ‘‘Posted (NewerOlder),’’ choose the first notice listed, 

and click ‘‘Browse Comments.’’ If you 

do not have access to the internet, you 

may view the docket online by visiting 

Dockets Operations in Room W12–140 

on the ground floor of the DOT West 

Building, 1200 New Jersey Avenue SE, 

Washington, DC 20590–0001, between 9 

a.m. and 5 p.m., ET, Monday through 

Friday, except Federal holidays. To be 

sure someone is there to help you, 

please call (202) 366–9317 or (202) 366– 

9826 before visiting Dockets Operations. 

C. Privacy Act 

In accordance with 49 U.S.C. 

31315(b)(6), DOT solicits comments 

from the public on the exemption 

request. DOT posts these comments, 

without edit, including any personal 

information the commenter provides, to 

www.regulations.gov, as described in 

the system of records notice (DOT/ALL– 

14 FDMS), which can be reviewed at 

www.dot.gov/privacy. 

II. Background 

Under 49 U.S.C. 31136(e) and 

31315(b), FMCSA may grant an 

exemption from the FMCSRs for no 

longer than a 5-year period if it finds 

such exemption would likely achieve a 

level of safety that is equivalent to, or 

greater than, the level that would be 

achieved absent such exemption. The 

statute also allows the Agency to renew 

exemptions at the end of the 5-year 

period. FMCSA grants medical 

exemptions from the FMCSRs for a 2- 

year period to align with the maximum 

duration of a driver’s medical 

certification. 

The 16 individuals listed in this 

notice have requested an exemption 

from the epilepsy and seizure disorders 

prohibition in 49 CFR 391.41(b)(8). 

Accordingly, the Agency will evaluate 

the qualifications of each applicant to 

determine whether granting the 

exemption will achieve the required 

level of safety mandated by statute. 

The physical qualification standard 

for drivers regarding epilepsy found in 

§ 391.41(b)(8) states that a person is 

physically qualified to drive a CMV if 

that person has no established medical 

history or clinical diagnosis of epilepsy 

or any other condition which is likely 

to cause the loss of consciousness or any 

loss of ability to control a CMV. 

In addition to the regulations, FMCSA 

has published advisory criteria 1 to 

assist medical examiners (MEs) in 

determining whether drivers with 

certain medical conditions are qualified 


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