60-day Federal Register Notice

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Federal Register / Vol. 78, No. 59 / Wednesday, March 27, 2013 / Notices

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[Docket No. FMCSA–2013–0050]

Agency Information Collection
Activities; New Information Collection:
Lease and Interchange of Vehicles
Federal Motor Carrier Safety
Administration (FMCSA), DOT.
ACTION: Notice and request for
comments.
AGENCY:

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 marking regulations codified in 49
CFR Part 376, ‘‘Lease and Interchange of
Vehicles.’’ These regulations require
certain for-hire motor carriers to have a
formal lease when leasing equipment.
ACTION: Notice and request for
comments.

We must receive your comments
on or before May 28, 2013.
ADDRESSES: You may submit comments
identified by Federal Docket
Management System (FDMS) Docket
Number FMCSA–2013–0050 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 Management Facility;
U.S. Department of Transportation, 1200
New Jersey Avenue SE., West Building,
Ground Floor, Room W12–140, 20590–
0001.
• Hand Delivery or Courier: West
Building, Ground Floor, Room W12–
140, 1200 New Jersey Avenue SE.,
Washington, DC, 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 and additional
information on the exemption process,
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://

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www.regulations.gov, and follow the
online instructions for accessing the
dockets, or go to the street address listed
above.
Privacy Act: Anyone is able to search
the electronic form of all comments
received into any of our dockets by the
name of the individual submitting the
comment (or signing the comment, if
submitted on behalf of an association,
business, labor union, etc.). You may
review DOT’s complete Privacy Act
Statement for the Federal Docket
Management System published in the
Federal Register on January 17, 2008
(73 FR 3316), or you may visit
http://edocket.access.gpo.gov/2008/
pdfE8-794.pdf.
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 Web site. 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:
Thomas Kelly, Chief, Compliance
Division, Office of Enforcement and
Compliance, U.S. Department of
Transportation, Federal Motor Carrier
Safety Administration, 1200 New Jersey
Avenue SE., Washington, DC 20590–
0001. Telephone: 202–366–1812; Email:
[email protected].
SUPPLEMENTARY INFORMATION:
Background: The Secretary of
Transportation (Secretary) is authorized
to require a motor carrier that uses
motor vehicles not owned by it to
transport property under an
arrangement with another party to make
the arrangement in writing. This written
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
part 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

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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 not how
responsibilities must be divided. The
parties to the lease determine the details
between themselves.
Part 376 applies to only certain motor
carriers in interstate commerce and only
certain leasing situations. The rules
cover leasing between a for-hire carrier
that does not hold an operating
authority and another for-hire carrier
that does hold operating authority. A
for-hire motor carrier with or without
operating authority that leases its
equipment and drivers to a private
motor carrier is not covered by the rule.
A for-hire carrier with operating
authority that leases its equipment to a
non-motor carrier and operates under its
own authority is also not covered by the
rule. Private carriers that lease their
equipment to for-hire motor carriers and
for-hire carriers with their own
operating authority leasing to another
such carrier are subject to lesser
requirements. For-hire carriers in
interstate commerce are exempt from
the rules if they operate exclusively in
commercial zones. Commercial zones,
last set by the ICC in 1975, are generally
defined as a municipality and a distance
from the limits of the municipality that
ranges from 3 miles for cities with
populations less than 2,500 to 20 miles
for cities of a million or more people.

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Federal Register / Vol. 78, No. 59 / Wednesday, March 27, 2013 / Notices
Some municipalities have additional
areas defined for them.
Title: Lease and Interchange of
Vehicles.
OMB Control Number: 2126–XXXX.
Type of Request: New collection.
Respondents: Motor carriers or
shippers authorized by the Secretary to
transport property that uses leasing
equipment.
Estimated Number of Respondents:
16,500.
Estimated Time per Response: 1 hour
35 minutes [26,000 estimated annual
burden hours/16,500 respondents =
1.57575 hours or 1 hour 35 minutes].
Expiration Date: N/A.
Frequency of Response: On occasion.
Estimated Total Annual Burden
Hours: 26,000.
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 on: March 18, 2013.
G. Kelly Leone,
Associate Administrator, Office of Research
and Information Technology and Chief
Information Officer.
[FR Doc. 2013–07096 Filed 3–26–13; 8:45 am]
BILLING CODE 4910–EX–P

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[Docket No. FMCSA–1998–4334; FMCSA–
2000–7006; FMCSA–2000–7918; FMCSA–
2002–12844; FMCSA–2003–14223; FMCSA–
2005–20027; FMCSA–2006–25246; FMCSA–
2006–26066; FMCSA–2008–0174; FMCSA–
2010–0287; FMCSA–2010–0372; FMCSA–
2010–0385; FMCSA–2011–0010]

Qualification of Drivers; Exemption
Applications; Vision
Federal Motor Carrier Safety
Administration (FMCSA), DOT.
ACTION: Notice of renewal of
exemptions; request for comments.

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AGENCY:

SUMMARY: FMCSA announces its
decision to renew the exemptions from
the vision requirement in the Federal
Motor Carrier Safety Regulations for 27

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individuals. FMCSA has statutory
authority to exempt individuals from
the vision requirement if the
exemptions granted will not
compromise safety. The Agency has
concluded that granting these
exemption renewals will provide a level
of safety that is equivalent to or greater
than the level of safety maintained
without the exemptions for these
commercial motor vehicle (CMV)
drivers.
This decision is effective April
21, 2013. Comments must be received
on or before April 26, 2013.
ADDRESSES: You may submit comments
bearing the Federal Docket Management
System (FDMS) numbers: [Docket No.
FMCSA–1998–4334; FMCSA–2000–
7006; FMCSA–2000–7918; FMCSA–
2002–12844; FMCSA–2003–14223;
FMCSA–2005–20027; FMCSA–2006–
25246; FMCSA–2006–26066; FMCSA–
2008–0174; FMCSA–2010–0287;
FMCSA–2010–0372; FMCSA–2010–
0385; FMCSA–2011–0010] using any of
the following methods:
• Federal eRulemaking Portal: Go to
http://www.regulations.gov. Follow the
on-line instructions for submitting
comments.
• Mail: Docket Management Facility;
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: West
Building Ground Floor, Room W12–140,
1200 New Jersey Avenue SE.,
Washington, DC, between 9 a.m. and 5
p.m., Monday through Friday, except
Federal holidays.
• Fax: 1–202–493–2251.
Instructions: Each submission must
include the Agency name and the
docket number for this notice. Note that
DOT posts all comments received
without change to http://
www.regulations.gov, including any
personal information included in a
comment. Please see the Privacy Act
heading below.
Docket: For access to the docket to
read background documents or
comments, go to http://
www.regulations.gov at any time or
Room W12–140 on the ground level of
the West Building, 1200 New Jersey
Avenue SE., Washington, DC, between 9
a.m. and 5 p.m., Monday through
Friday, except Federal holidays. The
Federal Docket Management System
(FDMS) is available 24 hours each day,
365 days each year. If you want
acknowledgment that we received your
comments, please include a selfaddressed, stamped envelope or
postcard or print the acknowledgement
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18667

page that appears after submitting
comments on-line.
Privacy Act: Anyone may search the
electronic form of all comments
received into any of our dockets by the
name of the individual submitting the
comment (or of the person signing the
comment, if submitted on behalf of an
association, business, labor union, etc.).
You may review DOT’s Privacy Act
Statement for the Federal Docket
Management System (FDMS) published
in the Federal Register on December 29,
2010 (75 FR 82132), or you may visit
http://www.gpo.gov/fdsys/pkg/FR-201012-29/pdf/2010-32876.pdf.
FOR FURTHER INFORMATION CONTACT:
Elaine M. Papp, Chief, Medical
Programs Division, 202–366–4001,
[email protected], FMCSA,
Department of Transportation, 1200
New Jersey Avenue SE., Room W64–
224, Washington, DC 20590–0001.
Office hours are from 8:30 a.m. to 5 p.m.
Monday through Friday, except Federal
holidays.
SUPPLEMENTARY INFORMATION:
Background
Under 49 U.S.C. 31136(e) and 31315,
FMCSA may renew an exemption from
the vision requirements in 49 CFR
391.41(b)(10), which applies to drivers
of CMVs in interstate commerce, for a
two-year period if it finds ‘‘such
exemption would likely achieve a level
of safety that is equivalent to or greater
than the level that would be achieved
absent such exemption.’’ The
procedures for requesting an exemption
(including renewals) are set out in 49
CFR part 381.
Exemption Decision
This notice addresses 27 individuals
who have requested renewal of their
exemptions in accordance with FMCSA
procedures. FMCSA has evaluated these
27 applications for renewal on their
merits and decided to extend each
exemption for a renewable two-year
period. They are:
Roger B. Anders (MD)
John D. Bolding, Jr. (OK)
Daniel H. Bungartz (WI)
Benny J. Burke (AL)
David J. Collier (IA)
Michael P. Curtin (IL)
Richard L. Elyard (VA)
Elias Gomez, Jr. (TX)
Gary J. Hambrick (GA)
Michael E. Herrera, Jr. (NM)
James K. Holmes (PA)
Michael R. Holmes (SD)
Mark C. Jeffrey (MT)
William S. LaMar, Sr. (IA)
Shelby V. Nicholson (KY)
Harry M. Oxendine (NC)

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