83 FR 17884 - Agency Information Collection Activities; Renewal of an Approved Information Collection: Lease and Interchange of Vehicles
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration Federal Register Volume 83, Issue 79 (April 24, 2018)
Federal Motor Carrier Safety Administration
Federal Register Volume 83, Issue 79 (April 24, 2018)
| Page Range | 17884-17885 | |
| FR Document | 2018-08525 |
[Federal Register Volume 83, Number 79 (Tuesday, April 24, 2018)] [Notices] [Pages 17884-17885] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-08525] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA-2018-0087] Agency Information Collection Activities; Renewal of an Approved Information Collection: Lease and Interchange of Vehicles AGENCY: FMCSA, 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 codified in 49 CFR part 376, ``Lease and Interchange of Vehicles'' and passenger carrier regulations codified at 49 CFR part 390, subpart F, ``Lease and Interchange of Passenger-Carrying Commercial Motor Vehicles.'' These regulations require certain for-hire motor carriers to have a formal lease when leasing equipment. The FMCSA requests approval to renew an ICR titled, ``Lease and Interchange of Vehicles.'' DATES: We must receive your comments on or before June 25, 2018. ADDRESSES: You may submit comments identified by Federal Docket Management System (FDMS) Docket Number FMCSA-2018-0087 using any of the following methods:Federal eRulemaking Portal: http://www.regulations.gov. Follow the online instructions for submitting comments. Fax: 1-202-493-2251. Mail: Docket 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 http://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 http://www.regulations.gov, and follow the online instructions for accessing the dockets, or go to the street address listed above. Privacy Act: In accordance with 5 U.S.C. 553(c), DOT solicits comments from the public to better inform its rulemaking 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: Crystal Frederick, Compliance Division, Department of Transportation, Federal Motor Carrier Safety Administration, West Building 6th Floor, 1200 New Jersey Avenue SE, Washington, DC 20590. Telephone: 202-366-2904; email: Crystal.Frederick@dot.gov. SUPPLEMENTARY INFORMATION: [[Page 17885]] Background: The Secretary of Transportation (Secretary) is authorized to require a motor carrier that uses commercial motor vehicles not owned by it to transport property under an arrangement with another party to make the arrangement in writing. This written lease agreement must specify its duration, the compensation to be paid by the motor carrier providing transportation subject to jurisdiction under 49 U.S.C. 14102(a), ``Leased Motor Vehicles'' and signed by the parties. 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 rules 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 that the government and members of the public can determine who is responsible for a property- carrying commercial motor vehicle. Prior to 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. Under 49 U.S.C. 14102(a), FMCSA ``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 rules 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 49 CFR 376.11, which cross references other provisions in part 376. Section 376.11 requires that authorized carriers (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; and (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. Comments to the part 390 rulemaking on passenger carrier leasing caused FMCSA to reduce the regulatory and paperwork burden on passenger carrier vehicles in certain ways. First, vehicles exchanged between or among commonly owned and controlled motor carriers will not be required to have leases and receipts. Second, leases and receipts will not be required when passenger carriers party to a revenue pooling agreement approved by the Surface Transportation Board exchange or interchange passenger vehicles between or among themselves on routes subject to the pooling agreement. A simple statement affirming responsibility for regulatory compliance and marking the vehicle appropriately will be required for these: (1) Exchanges of passenger vehicles among commonly owned and controlled motor carriers; and (2) parties to revenue pooling agreement approved by the Surface Transportation Board. These property and passenger carrier provisions account for the burden in this information collection. This program change increase of 527,214 estimated annual burden hours (1,136,114 proposed estimated annual burden hours--608,900 currently approved estimated annual burden) is due to updated estimates of the number of respondents and responses. Previous estimates were based on 2014 data. Current estimates are based on September 26, 2017, 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 carriers since the data used in the previous ICR. The increased carriers 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 collection. Respondents: Motor carriers authorized by the Secretary to transport property and passengers that use leased equipment. Estimated Number of Respondents: 5,213,193 [18,820 lessees (IC-1) + 18,820 lessors (IC-1) + 5,175,552 carrier representatives (IC-2)]. Estimated Time per Response: Varies from 5 to 30 minutes. Expiration Date: August 31, 2018. Frequency of Response: On occasion. Estimated Total Annual Burden: 1,136,114 hours [18,820 master lease (ICR Component 1 (IC-1)) + 62,236 standard statement (IC-1) + 13,478 master lease (ICR Component 2 (IC-2)) + 862,592 negotiation (IC-2) + 143,190 documentation (IC-2) + 0 (negligible) copying (IC-2) + 35,798 charter group notification (IC-2)]. 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 information collection. Issued under the authority of 49 CFR 1.87 on: April 18, 2018. Kelly Regal, Associate Administrator for Office of Research and Information Technology. [FR Doc. 2018-08525 Filed 4-23-18; 8:45 am] BILLING CODE 4910-EX-P
![17884 Federal Register / Vol. 83, No. 79 / Tuesday, April 24, 2018 / Notices
applicant states that as a solo driver, indicated at the beginning of this notice • Federal eRulemaking Portal: http://
‘‘there is no ready need for access will be considered and will be available www.regulations.gov. Follow the online
between the sleeper berth and the for examination in the docket at the instructions for submitting comments.
driver’s compartment.’’ In addition, the location listed under the ADDRESSES • Fax: 1–202–493–2251.
applicant states: section of this notice. Comments • Mail: Docket Operations; U.S.
I plan to incorporate the sleeper berth into received after the comment closing date Department of Transportation, 1200
the bed of the tow vehicle. The utilization of will be filed in the public docket and New Jersey Avenue SE, West Building,
this type of sleeper berth, would allow will be considered to the extent Ground Floor, Room W12–140,
myself (as the sole driver) to meet the hours practicable. In addition to late Washington, DC 20590–0001.
of [10-hour] service rest period requirements comments, FMCSA will also continue to • Hand Delivery or Courier: U.S.
by utilizing a sleeper berth incorporated into file, in the public docket, relevant Department of Transportation, 1200
the bed of the vehicle (Rear covered, information that becomes available after New Jersey Avenue SE, West Building,
ventilated, insulated, bed with cap and full the comment closing date. Interested Ground Floor, Room W12–140,
size twin mattress) in lieu of a motel each
persons should continue to examine the Washington, DC, 20590–0001 between 9
evening. The tow vehicle/trailer combination
would not be operating on the roadway public docket for new material. a.m. and 5 p.m. e.t., Monday through
during my 10-hour rest period, so there is no Issued on: April 17, 2018. Friday, except Federal holidays.
benefit in having the access requirements to Instructions: All submissions must
Larry W. Minor,
the driver compartment, nor any need for include the Agency name and docket
Associate Administrator for Policy. number. For detailed instructions on
communication with the driver (myself), nor
any occupant restraint requirement as the [FR Doc. 2018–08509 Filed 4–23–18; 8:45 am] submitting comments see the Public
vehicle is not moving while I am sleeping. BILLING CODE 4910–EX–P Participation heading below. Note that
The sleeper berth is separate from the trailer all comments received will be posted
behind the tow vehicle, and is therefore without change to http://
separate from the cargo. DEPARTMENT OF TRANSPORTATION
The current FMCSR regulatory
www.regulations.gov, including any
requirements for sleeper berth access seem to Federal Motor Carrier Safety personal information provided. Please
rely on the assumption that one driver is Administration see the Privacy Act heading below.
driving while another driver is in the sleeper Docket: For access to the docket to
berth, and that the truck is moving at all read background documents or
times. The situation that I have as a single [Docket No. FMCSA–2018–0087] comments received, go to http://
driver is that when I am off duty, the vehicle www.regulations.gov, and follow the
is not moving and therefore direct access to Agency Information Collection
online instructions for accessing the
the sleeper berth area should not be required, Activities; Renewal of an Approved
dockets, or go to the street address listed
and since the vehicle is not moving there is Information Collection: Lease and
no need for occupant restraint systems nor a
above.
Interchange of Vehicles
means for communication with the driver. Privacy Act: In accordance with 5
All other dimensional requirements, FMCSA, DOT.
AGENCY: U.S.C. 553(c), DOT solicits comments
ventilation, and protection against exhaust from the public to better inform its
Notice and request for
ACTION:
rulemaking process. DOT posts these
and fuel leaks will be met.
comments. comments, without edit, including any
The applicant states that as a result of
mobility issues associated with a personal information the commenter
SUMMARY: In accordance with the
partially fused spine, it is easier for him provides, to www.regulations.gov, as
Paperwork Reduction Act of 1995,
to access a sleeper berth installed in the described in the system of records
FMCSA announces its plan to submit
bed of the pickup truck as opposed to notice (DOT/ALL–14 FDMS), which can
the Information Collection Request (ICR)
a sleeper berth that could be installed in be reviewed at www.dot.gov/privacy.
described below to the Office of
the back seat of the pickup truck that Public Participation: The Federal
Management and Budget (OMB) for its
meets the requirements of the FMCSRs. eRulemaking Portal is available 24
review and approval and invites public
The exemption would apply to hours each day, 365 days each year. You
comment. This ICR will enable FMCSA
Castignoli’s sole driver and pickup can obtain electronic submission and
to document the burden associated with
truck. Castignoli believes that the retrieval help and guidelines under the
the for-hire truck leasing regulations
sleeper berth installed in the bed of the ‘‘help’’ section of the Federal
codified in 49 CFR part 376, ‘‘Lease and
pickup truck will maintain a level of eRulemaking Portal website. If you want
Interchange of Vehicles’’ and passenger
safety that is equivalent to, or greater us to notify you that we received your
carrier regulations codified at 49 CFR
than, the level of safety achieved comments, please include a self-
part 390, subpart F, ‘‘Lease and
without the exemption. addressed, stamped envelope or
Interchange of Passenger-Carrying
postcard, or print the acknowledgement
Request for Comments Commercial Motor Vehicles.’’ These
page that appears after submitting
regulations require certain for-hire
In accordance with 49 U.S.C. 31315 comments online. Comments received
motor carriers to have a formal lease
and 31136(e), FMCSA requests public after the comment closing date will be
when leasing equipment. The FMCSA
comment from all interested persons on included in the docket and will be
requests approval to renew an ICR
Castignoli’s application for an considered to the extent practicable.
titled, ‘‘Lease and Interchange of
exemption from sections (a)(3), (b)(2), Vehicles.’’ FOR FURTHER INFORMATION CONTACT:
(c), (d), and (h) of 49 CFR 393.76. All Crystal Frederick, Compliance Division,
daltland on DSKBBV9HB2PROD with NOTICES
comments received before the close of DATES: We must receive your comments Department of Transportation, Federal
business on the comment closing date on or before June 25, 2018. Motor Carrier Safety Administration,
ADDRESSES: You may submit comments West Building 6th Floor, 1200 New
for-hire freight, whether for a single customer or identified by Federal Docket Jersey Avenue SE, Washington, DC
less-than-truckload. The truck is often a 3⁄4 to 11⁄2 20590. Telephone: 202–366–2904;
ton pickup outfitted with weight-distributing
Management System (FDMS) Docket
gooseneck- or fifth-wheel-type connections to a Number FMCSA–2018–0087 using any email: Crystal.Frederick@dot.gov.
trailer. of the following methods: SUPPLEMENTARY INFORMATION:
VerDate Sep<11>2014 17:03 Apr 23, 2018 Jkt 244001 PO 00000 Frm 00097 Fmt 4703 Sfmt 4703 E:\FR\FM\24APN1.SGM 24APN1](https://thefederalregister.org/doc/83_FR_17963/page/1.svg)
![Federal Register / Vol. 83, No. 79 / Tuesday, April 24, 2018 / Notices 17885
Background: The Secretary of authorized carriers (a person or persons Type of Request: Renewal of currently
Transportation (Secretary) is authorized authorized to engage in the approved collection.
to require a motor carrier that uses transportation of property as a motor Respondents: Motor carriers
commercial motor vehicles not owned carrier under the provisions of 49 U.S.C. authorized by the Secretary to transport
by it to transport property under an 13901 and 13902) may perform property and passengers that use leased
arrangement with another party to make authorized transportation using equipment.
the arrangement in writing. This written equipment it does not own only when Estimated Number of Respondents:
lease agreement must specify its the following conditions are met: (1) 5,213,193 [18,820 lessees (IC–1) +
duration, the compensation to be paid There shall be a written lease granting 18,820 lessors (IC–1) + 5,175,552 carrier
by the motor carrier providing the use of the equipment and meeting representatives (IC–2)].
transportation subject to jurisdiction the requirements contained in 376.12; Estimated Time per Response: Varies
under 49 U.S.C. 14102(a), ‘‘Leased and (2) Receipts, specifically identifying from 5 to 30 minutes.
Motor Vehicles’’ and signed by the the equipment to be leased and stating Expiration Date: August 31, 2018.
parties. The Secretary has delegated the date and time of day possession is Frequency of Response: On occasion.
authority pertaining to leased motor transferred, shall be given; and (3) The Estimated Total Annual Burden:
vehicles to FMCSA pursuant to 49 CFR authorized carrier acquiring the use of 1,136,114 hours [18,820 master lease
1.87(a)(6). The Agency’s regulations equipment under this section shall (ICR Component 1 (IC–1)) + 62,236
governing leased motor vehicles are at identify the equipment as being in its standard statement (IC–1) + 13,478
49 CFR part 376. service. master lease (ICR Component 2 (IC–2))
The rules were adopted to ensure that + 862,592 negotiation (IC–2) + 143,190
Comments to the part 390 rulemaking
small trucking companies were documentation (IC–2) + 0 (negligible)
on passenger carrier leasing caused
protected when they agreed to lease copying (IC–2) + 35,798 charter group
FMCSA to reduce the regulatory and
their equipment and drivers to larger notification (IC–2)].
paperwork burden on passenger carrier
for-hire carriers. They also ensure that Public Comments Invited: You are
vehicles in certain ways. First, vehicles
the government and members of the asked to comment on any aspect of this
exchanged between or among
public can determine who is responsible information collection, including: (1)
commonly owned and controlled motor
for a property-carrying commercial Whether the proposed collection is
carriers will not be required to have
motor vehicle. Prior to the regulations, necessary for the performance of
leases and receipts. Second, leases and
some equipment was leased without FMCSA’s functions; (2) the accuracy of
receipts will not be required when
written agreements, leading to disputes the estimated burden; (3) ways for
passenger carriers party to a revenue
over which party to the lease was FMCSA to enhance the quality,
pooling agreement approved by the
responsible for charges and actions and, usefulness, and clarity of the collected
Surface Transportation Board exchange
at times, who was legally responsible for information; and (4) ways that the
or interchange passenger vehicles
the vehicle. Under 49 U.S.C. 14102(a), burden could be minimized without
between or among themselves on routes
FMCSA ‘‘may require a motor carrier reducing the quality of the collected
subject to the pooling agreement. A
providing for-hire transportation that information. The agency will summarize
simple statement affirming
uses motor vehicles not owned by it to or include your comments in the request
responsibility for regulatory compliance
transport property under an for OMB’s clearance of this information
and marking the vehicle appropriately
arrangement with another party to— collection.
will be required for these: (1) Exchanges
(1) make the arrangement in writing of passenger vehicles among commonly Issued under the authority of 49 CFR 1.87
signed by the parties specifying its owned and controlled motor carriers; on: April 18, 2018.
duration and the compensation to be and (2) parties to revenue pooling Kelly Regal,
paid by the motor carrier; agreement approved by the Surface Associate Administrator for Office of
(2) carry a copy of the arrangement in Research and Information Technology.
Transportation Board.
each motor vehicle to which it applies [FR Doc. 2018–08525 Filed 4–23–18; 8:45 am]
during the period the arrangement is in These property and passenger carrier
effect; provisions account for the burden in BILLING CODE 4910–EX–P
(3) inspect the motor vehicles and this information collection.
obtain liability and cargo insurance on This program change increase of
527,214 estimated annual burden hours DEPARTMENT OF TRANSPORTATION
them; and
(4) have control of and be responsible (1,136,114 proposed estimated annual
Federal Motor Carrier Safety
for operating those motor vehicles in burden hours—608,900 currently
Administration
compliance with requirements approved estimated annual burden) is
prescribed by the Secretary on safety of due to updated estimates of the number [Docket No. FMCSA–2018–0091]
operations and equipment, and with of respondents and responses. Previous
estimates were based on 2014 data. Agency Information Collection
other applicable law as if the motor
Current estimates are based on Activities; Renewal of an Approved
vehicles were owned by the motor
September 26, 2017, Motor Carrier Information Collection: Commercial
carrier.’’
The rules specify what must be Management Information System and Motor Vehicle Marking Requirements
covered in the lease, but leave open how Safety Measurement System snapshots. AGENCY: Federal Motor Carrier Safety
many responsibilities must be divided. The data pulled for the current ICR Administration, DOT.
The parties to the lease determine shows an increase in the overall number ACTION: Notice and request for
daltland on DSKBBV9HB2PROD with NOTICES
numerous details between themselves. of carriers since the data used in the comments.
Part 376 applies only to certain motor previous ICR. The increased carriers
carriers in interstate commerce and only resulted in an increase in the overall SUMMARY: In accordance with the
to certain leasing situations based on burden hours associated with this ICR. Paperwork Reduction Act of 1995,
exemptions set forth in 49 CFR 376.11, Title: Lease and Interchange of FMCSA announces its plan to submit
which cross references other provisions Vehicles. the Information Collection Request (ICR)
in part 376. Section 376.11 requires that OMB Control Number: 2126–0056. described below to the Office of
VerDate Sep<11>2014 17:03 Apr 23, 2018 Jkt 244001 PO 00000 Frm 00098 Fmt 4703 Sfmt 4703 E:\FR\FM\24APN1.SGM 24APN1](https://thefederalregister.org/doc/83_FR_17963/page/2.svg)
Document Created: 2018-04-24 00:39:27
Document Modified: 2018-04-24 00:39:27
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Action | Notice and request for comments. | |
| Dates | We must receive your comments on or before June 25, 2018. | |
| Contact | Crystal Frederick, Compliance Division, Department of Transportation, Federal Motor Carrier Safety Administration, West Building 6th Floor, 1200 New Jersey Avenue SE, Washington, DC 20590. Telephone: 202-366-2904; email: [email protected] | |
| FR Citation | 83 FR 17884 |
2024 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR