[Federal Register Volume 87, Number 195 (Tuesday, October 11, 2022)]
[Notices]
[Pages 61429-61431]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-21978]


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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 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 www.reginfo.gov/public/do/PRAMain. 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; [email protected].

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

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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


