Notice2022-21978
Agency Information Collection Activities; Renewal of an Approved Information Collection: Lease and Interchange of Vehicles
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
October 11, 2022
Issuing agencies
Transportation DepartmentFederal Motor Carrier Safety Administration
Abstract
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 review and approval. 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."
Full Text
<html>
<head>
<title>Federal Register, Volume 87 Issue 195 (Tuesday, October 11, 2022)</title>
</head>
<body><pre>
[Federal Register Volume 87, Number 195 (Tuesday, October 11, 2022)]
[Notices]
[Pages 61429-61431]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-21978]
-----------------------------------------------------------------------
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 review
and approval. 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
[[Page 61430]]
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 November
10, 2022.
ADDRESSES: Written comments and recommendations for the proposed
information collection should be sent within 30 days of publication of
this notice to <a href="http://www.reginfo.gov/public/do/PRAMain">www.reginfo.gov/public/do/PRAMain</a>. Find this information
collection by selecting ``Currently under 30-day Review--Open for
Public Comments'' or by using the search function.
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#b5e6c1d4d6cc9be7dac5c5f5d1dac19bd2dac3"><span class="__cf_email__" data-cfemail="4d1e392c2e34631f223d3d0d292239632a223b">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
Title: Lease and Interchange of Vehicles.
OMB Control Number: 2126-0056.
Type of Request: Renewal of a currently approved ICR.
Respondents: Motor carriers authorized by the Secretary of
Transportation (Secretary) to transport property and passengers that
use leased equipment.
Estimated Number of Respondents: 48,046 [45,536 property carriers
(lessees and lessors) + 2,510 passenger-carrying motor carriers
(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.
Background
Property transportation. Under 49 U.S.C. 14102(a), The 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 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
[[Page 61431]]
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.
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.
Issued under the authority of 49 CFR 1.87.
Thomas P. Keane,
Associate Administrator, Office of Research and Registration.
[FR Doc. 2022-21978 Filed 10-7-22; 8:45 am]
BILLING CODE 4910-EX-P
</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>Indexed from Federal Register on October 11, 2022.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.