Agency Information Collection Activities; Renewal of Existing Information Collection Request: Lease and Interchange of Vehicles, 40841-40842 [2018-17683]
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Federal Register / Vol. 83, No. 159 / Thursday, August 16, 2018 / Notices
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[FR Doc. 2018–17641 Filed 8–15–18; 8:45 am]
BILLING CODE 4910–13–P
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17:15 Aug 15, 2018
Jkt 244001
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[Docket No. FMCSA–2018–0087]
Agency Information Collection
Activities; Renewal of Existing
Information Collection Request: Lease
and Interchange of Vehicles
Federal Motor Carrier Safety
Administration (FMCSA), 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
Management and Budget (OMB) for
review and approval.
DATES: Please send your comments by
September 17, 2018. OMB must receive
your comments by this date in order to
act quickly on the ICR.
ADDRESSES: All comments should
reference Federal Docket Management
System (FDMS) Docket Number
FMCSA–2018–0087–0001. Interested
persons are invited to submit written
comments on the proposed information
collection to the Office of Information
and Regulatory Affairs, Office of
Management and Budget. Comments
should be addressed to the attention of
the Desk Officer, Department of
Transportation/Federal Motor Carrier
Safety Administration, and sent via
electronic mail to oira_submission@
omb.eop.gov, or faxed to (202) 395–
6974, or mailed to the Office of
Information and Regulatory Affairs,
Office of Management and Budget,
Docket Library, Room 10102, 725 17th
Street NW, Washington, DC 20503.
FOR FURTHER INFORMATION CONTACT:
Crystal Frederick, Transportation
Specialist, Compliance Division,
Department of Transportation, Federal
Motor Carrier Safety Administration,
6th Floor, West Building, 1200 New
Jersey Avenue SE, Washington, DC
20590–0001. Telephone: 202–366–2904;
Email Address: crystal.frederick@
dot.gov. Office hours are from 9 a.m. to
5 p.m., Monday through Friday, except
Federal Holidays.
SUPPLEMENTARY INFORMATION: 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
SUMMARY:
PO 00000
Frm 00098
Fmt 4703
Sfmt 4703
40841
Vehicles.’’ These regulations require
certain motor carriers to have a formal
lease when leasing equipment. The
FMCSA requests approval to renew an
ICR titled, ‘‘Lease and Interchange of
Vehicles.’’
Title: Lease and Interchange of
Vehicles.
OMB Control Number: 2126–0056.
Type of Request: Renewal of
information 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)].
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
E:\FR\FM\16AUN1.SGM
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sradovich on DSK3GMQ082PROD with NOTICES
40842
Federal Register / Vol. 83, No. 159 / Thursday, August 16, 2018 / Notices
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.
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
VerDate Sep<11>2014
17:15 Aug 15, 2018
Jkt 244001
previous ICR. The increased carriers
resulted in an increase in the overall
burden hours associated with this ICR.
FMCSA received a total of 13
comments concerning the Leasing ICR,
12 in the appropriate docket and 1
misfiled in another docket in response
to the 60-day comment Federal Register
(83 FR 17884), published on April 24,
2018. Comments were received from the
following organizations and/or
individuals: Academy Bus, Adirondack
Transit Lines, American Bus
Association, Connecticut Bus
Association, Elite Coach, FTI Coach
Lines, Greyhound Lines, Jefferson Lines,
Burlington Trailways, Anderson Coach
& Travel, Owner-Operator Independent
Drivers Association (OOIDA), TransBridge Lines, and Tim Watson from an
unnamed carrier.
The majority of the comments
received made points against the
Leasing rule that include the following:
(1) The ICR will present a significant
paperwork burden to carriers, (2) there
is a shift in liability from the lessor to
the lessee without explanation, (3) the
Leasing rule will negatively impact
carrier operations and businesses, and
(4) the ICR should not be approved
because the Leasing rule itself needs to
be repealed. Additional, less frequently
cited points include: (1) The rule will
negatively impact safety, (2) the
definition used for the term, ‘‘lease’’ is
inconsistent with other organizations
and governments, and (3) FMCSA will
make changes to the Leasing rule so
close to the pending compliance date
that there will be insufficient time to
address potential remaining issues with
the rule.
First, based on FMCSA’s estimates,
we do not believe there is a significant
burden represented by this ICR as the
estimated time per response is between
5 and 30 minutes and the collection
frequency is estimated to be
occasionally. Second, the remainder of
the comments are out of scope as they
speak to the leasing rule itself and not
the collection request represented in
this ICR.
One commenter, OOIDA, expressed
support of the Leasing rule. OOIDA
made the following points: (1) The
Leasing rule ensures that motor carriers
take more responsibility in the lessor/
lessee relationship and diminishes
abuse of that relationship, (2) the
burden for complying with the rule will
not be significant, and (3) the Leasing
rule supports safety by permitting
owner-operators to manage their
business and not drive when tired.
Additionally, OOIDA also commented
specifically on the collection outlined in
the ICR, indicating the following:
PO 00000
Frm 00099
Fmt 4703
Sfmt 9990
‘‘Although it is fair to estimate that the
information that the Rules require to be
disclosed may fit on a single page, some
carriers choose to express the required
lease provisions in more lengthy
documents. Leases are often multiple
pages because they also contain
contractual provisions beyond those
required by the rules. That factors leans
toward a higher burden (at the choice of
motor carriers) than estimated by the
Agency. The typical lease is for a term
of one year, and such leases are
regularly self-renewing and not
recreated and affirmed on an annual
basis. Therefore, in these instances, the
burden of issuing copies of leases would
be less.’’ While FMCSA appreciates
these points on the length of documents
and self-renewal, without specific
numbers on document length or
frequency of self-renewals we have no
specific basis to adjust the numbers in
the ICR and intend to keep the estimates
proposed at this time.
As FMCSA announced in a notice
titled, Proposal in response to petitions
for reconsideration; request for public
comments, dated June 16, 2017, it
intends to publish a notice of proposed
rulemaking (NPRM) to revise the 2015
final rule, reducing the burdens
generally it would have imposed on
motor carriers of passengers [82 FR
27768]. Currently, FMCSA is working
on the NPRM and expects to publish it
later in 2018. The compliance date of
the 2015 rule, currently January 1, 2019
[82 FR 27766], will be extended and
ultimately replaced by a new
compliance date adopted upon
completion of the forthcoming
rulemaking. For the purpose of this ICR
all of the burden from the existing
regulations must be assessed.
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 FMCSA to perform its
functions; (2) the accuracy of the
estimated burden; (3) ways for the
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 delegated in 49
CFR 1.87 on: August 8, 2018.
G. Kelly Regal,
Associate Administrator for Office of
Research and Information Technology.
[FR Doc. 2018–17683 Filed 8–15–18; 8:45 am]
BILLING CODE 4910–EX–P
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]]>Agencies
[Federal Register Volume 83, Number 159 (Thursday, August 16, 2018)]
[Notices]
[Pages 40841-40842]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-17683]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2018-0087]
Agency Information Collection Activities; Renewal of Existing
Information Collection Request: Lease and Interchange of Vehicles
AGENCY: Federal Motor Carrier Safety Administration (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 review
and approval.
DATES: Please send your comments by September 17, 2018. OMB must
receive your comments by this date in order to act quickly on the ICR.
ADDRESSES: All comments should reference Federal Docket Management
System (FDMS) Docket Number FMCSA-2018-0087-0001. Interested persons
are invited to submit written comments on the proposed information
collection to the Office of Information and Regulatory Affairs, Office
of Management and Budget. Comments should be addressed to the attention
of the Desk Officer, Department of Transportation/Federal Motor Carrier
Safety Administration, and sent via electronic mail to
[email protected], or faxed to (202) 395-6974, or mailed to
the Office of Information and Regulatory Affairs, Office of Management
and Budget, Docket Library, Room 10102, 725 17th Street NW, Washington,
DC 20503.
FOR FURTHER INFORMATION CONTACT: Crystal Frederick, Transportation
Specialist, Compliance Division, Department of Transportation, Federal
Motor Carrier Safety Administration, 6th Floor, West Building, 1200 New
Jersey Avenue SE, Washington, DC 20590-0001. Telephone: 202-366-2904;
Email Address: [email protected]. Office hours are from 9 a.m.
to 5 p.m., Monday through Friday, except Federal Holidays.
SUPPLEMENTARY INFORMATION: 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 motor carriers to have a formal lease when
leasing equipment. The FMCSA requests approval to renew an ICR titled,
``Lease and Interchange of Vehicles.''
Title: Lease and Interchange of Vehicles.
OMB Control Number: 2126-0056.
Type of Request: Renewal of information 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)].
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
[[Page 40842]]
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.
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.
FMCSA received a total of 13 comments concerning the Leasing ICR,
12 in the appropriate docket and 1 misfiled in another docket in
response to the 60-day comment Federal Register (83 FR 17884),
published on April 24, 2018. Comments were received from the following
organizations and/or individuals: Academy Bus, Adirondack Transit
Lines, American Bus Association, Connecticut Bus Association, Elite
Coach, FTI Coach Lines, Greyhound Lines, Jefferson Lines, Burlington
Trailways, Anderson Coach & Travel, Owner-Operator Independent Drivers
Association (OOIDA), Trans-Bridge Lines, and Tim Watson from an unnamed
carrier.
The majority of the comments received made points against the
Leasing rule that include the following: (1) The ICR will present a
significant paperwork burden to carriers, (2) there is a shift in
liability from the lessor to the lessee without explanation, (3) the
Leasing rule will negatively impact carrier operations and businesses,
and (4) the ICR should not be approved because the Leasing rule itself
needs to be repealed. Additional, less frequently cited points include:
(1) The rule will negatively impact safety, (2) the definition used for
the term, ``lease'' is inconsistent with other organizations and
governments, and (3) FMCSA will make changes to the Leasing rule so
close to the pending compliance date that there will be insufficient
time to address potential remaining issues with the rule.
First, based on FMCSA's estimates, we do not believe there is a
significant burden represented by this ICR as the estimated time per
response is between 5 and 30 minutes and the collection frequency is
estimated to be occasionally. Second, the remainder of the comments are
out of scope as they speak to the leasing rule itself and not the
collection request represented in this ICR.
One commenter, OOIDA, expressed support of the Leasing rule. OOIDA
made the following points: (1) The Leasing rule ensures that motor
carriers take more responsibility in the lessor/lessee relationship and
diminishes abuse of that relationship, (2) the burden for complying
with the rule will not be significant, and (3) the Leasing rule
supports safety by permitting owner-operators to manage their business
and not drive when tired. Additionally, OOIDA also commented
specifically on the collection outlined in the ICR, indicating the
following: ``Although it is fair to estimate that the information that
the Rules require to be disclosed may fit on a single page, some
carriers choose to express the required lease provisions in more
lengthy documents. Leases are often multiple pages because they also
contain contractual provisions beyond those required by the rules. That
factors leans toward a higher burden (at the choice of motor carriers)
than estimated by the Agency. The typical lease is for a term of one
year, and such leases are regularly self-renewing and not recreated and
affirmed on an annual basis. Therefore, in these instances, the burden
of issuing copies of leases would be less.'' While FMCSA appreciates
these points on the length of documents and self-renewal, without
specific numbers on document length or frequency of self-renewals we
have no specific basis to adjust the numbers in the ICR and intend to
keep the estimates proposed at this time.
As FMCSA announced in a notice titled, Proposal in response to
petitions for reconsideration; request for public comments, dated June
16, 2017, it intends to publish a notice of proposed rulemaking (NPRM)
to revise the 2015 final rule, reducing the burdens generally it would
have imposed on motor carriers of passengers [82 FR 27768]. Currently,
FMCSA is working on the NPRM and expects to publish it later in 2018.
The compliance date of the 2015 rule, currently January 1, 2019 [82 FR
27766], will be extended and ultimately replaced by a new compliance
date adopted upon completion of the forthcoming rulemaking. For the
purpose of this ICR all of the burden from the existing regulations
must be assessed.
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 FMCSA to perform its functions; (2) the
accuracy of the estimated burden; (3) ways for the 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 delegated in 49 CFR 1.87 on: August
8, 2018.
G. Kelly Regal,
Associate Administrator for Office of Research and Information
Technology.
[FR Doc. 2018-17683 Filed 8-15-18; 8:45 am]
BILLING CODE 4910-EX-P
