[Federal Register Volume 87, Number 133 (Wednesday, July 13, 2022)]
[Notices]
[Pages 41853-41855]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-14850]


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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.

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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:
    <bullet> Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the online instructions for submitting comments.
    <bullet> Fax: (202) 493-2251.
    <bullet> Mail: Dockets Operations; U.S. Department of 
Transportation, 1200 New Jersey Avenue SE, West Building, Ground Floor, 
Room W12-140, Washington, DC 20590-0001.
    <bullet> 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 self-addressed, 
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; <a href="/cdn-cgi/l/email-protection#43103722203a6d112c333303272c376d242c35"><span class="__cf_email__" data-cfemail="693a1d080a10473b061919290d061d470e061f">[email protected]</span></a>.

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

[[Page 41854]]

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 Sec.  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 Sec.  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 passenger-carrying 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.


[[Page 41855]]


    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


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