Agency Information Collection Activities; Renewal of an Approved Information Collection: Lease and Interchange of Vehicles, 17884-17885 [2018-08525]

Download as PDF 17884 Federal Register / Vol. 83, No. 79 / Tuesday, April 24, 2018 / Notices applicant states that as a solo driver, ‘‘there is no ready need for access between the sleeper berth and the driver’s compartment.’’ In addition, the applicant states: I plan to incorporate the sleeper berth into the bed of the tow vehicle. The utilization of this type of sleeper berth, would allow myself (as the sole driver) to meet the hours of [10-hour] service rest period requirements by utilizing a sleeper berth incorporated into the bed of the vehicle (Rear covered, ventilated, insulated, bed with cap and full size twin mattress) in lieu of a motel each evening. The tow vehicle/trailer combination would not be operating on the roadway during my 10-hour rest period, so there is no benefit in having the access requirements to the driver compartment, nor any need for communication with the driver (myself), nor any occupant restraint requirement as the vehicle is not moving while I am sleeping. The sleeper berth is separate from the trailer behind the tow vehicle, and is therefore separate from the cargo. The current FMCSR regulatory requirements for sleeper berth access seem to rely on the assumption that one driver is driving while another driver is in the sleeper berth, and that the truck is moving at all times. The situation that I have as a single driver is that when I am off duty, the vehicle is not moving and therefore direct access to the sleeper berth area should not be required, and since the vehicle is not moving there is no need for occupant restraint systems nor a means for communication with the driver. All other dimensional requirements, ventilation, and protection against exhaust and fuel leaks will be met. daltland on DSKBBV9HB2PROD with NOTICES The applicant states that as a result of mobility issues associated with a partially fused spine, it is easier for him to access a sleeper berth installed in the bed of the pickup truck as opposed to a sleeper berth that could be installed in the back seat of the pickup truck that meets the requirements of the FMCSRs. The exemption would apply to Castignoli’s sole driver and pickup truck. Castignoli believes that the sleeper berth installed in the bed of the pickup truck will maintain a level of safety that is equivalent to, or greater than, the level of safety achieved without the exemption. Request for Comments In accordance with 49 U.S.C. 31315 and 31136(e), FMCSA requests public comment from all interested persons on Castignoli’s application for an exemption from sections (a)(3), (b)(2), (c), (d), and (h) of 49 CFR 393.76. All comments received before the close of business on the comment closing date for-hire freight, whether for a single customer or less-than-truckload. The truck is often a 3⁄4 to 11⁄2 ton pickup outfitted with weight-distributing gooseneck- or fifth-wheel-type connections to a trailer. VerDate Sep<11>2014 17:03 Apr 23, 2018 Jkt 244001 indicated at the beginning of this notice will be considered and will be available for examination in the docket at the location listed under the ADDRESSES section of this notice. Comments received after the comment closing date will be filed in the public docket and will be considered to the extent practicable. In addition to late comments, FMCSA will also continue to file, in the public docket, relevant information that becomes available after the comment closing date. Interested persons should continue to examine the public docket for new material. Issued on: April 17, 2018. Larry W. Minor, Associate Administrator for Policy. [FR Doc. 2018–08509 Filed 4–23–18; 8:45 am] BILLING CODE 4910–EX–P 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 FMCSA, DOT. Notice and request for comments. AGENCY: ACTION: 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.’’ SUMMARY: 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: DATES: PO 00000 Frm 00097 Fmt 4703 Sfmt 4703 • Federal eRulemaking Portal: https:// 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 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 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 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: 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: E:\FR\FM\24APN1.SGM 24APN1 daltland on DSKBBV9HB2PROD with NOTICES Federal Register / Vol. 83, No. 79 / Tuesday, April 24, 2018 / Notices 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 VerDate Sep<11>2014 17:03 Apr 23, 2018 Jkt 244001 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. PO 00000 Frm 00098 Fmt 4703 Sfmt 4703 17885 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 DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA–2018–0091] Agency Information Collection Activities; Renewal of an Approved Information Collection: Commercial Motor Vehicle Marking Requirements Federal Motor Carrier Safety Administration, DOT. ACTION: Notice and request for comments. AGENCY: 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 SUMMARY: E:\FR\FM\24APN1.SGM 24APN1

Agencies

[Federal Register Volume 83, Number 79 (Tuesday, April 24, 2018)]
[Notices]
[Pages 17884-17885]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-08525]


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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: https://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 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 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: 
[email protected].

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
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