30-day FR

Federal Register / Vol. 83, No. 159 / Thursday, August 16, 2018 / Notices
Ground Floor at 1200 New Jersey
Avenue SE, Washington, DC, between 9
a.m. and 5 p.m., Monday through
Friday, except Federal holidays.
• Fax: Fax comments to Docket
Operations at 202–493–2251.
Privacy: 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
http://www.regulations.gov, as
described in the system of records
notice (DOT/ALL–14 FDMS), which can
be reviewed at http://www.dot.gov/
privacy.
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http://www.regulations.gov at any time.
Follow the online instructions for
accessing the docket or go to the Docket
Operations in Room W12–140 of the
West Building Ground Floor at 1200
New Jersey Avenue SE, Washington,
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through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT:

Michael Harrison, AIR–673, Federal
Aviation Administration, 2200 South
216th Street, Des Moines, WA 98198,
phone 206–231–3368, email
[email protected]; or Alphonso
Pendergrass, ARM–200, Office of
Rulemaking, Federal Aviation
Administration, 800 Independence
Avenue SW, Washington, DC 20591,
phone 202–267–4713, email
[email protected].
This notice is published pursuant to
14 CFR 11.85.
Issued in Des Moines, Washington, on
August 10, 2018.
Victor Wicklund,
Manager, Transport Standards Branch.

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Petition for Exemption
Docket No.: FAA–2017–0259.
Petitioner: The Boeing Company.
Section(s) of 14 CFR Affected:
§ 25.813(e).
Description of Relief Sought: The
Boeing Company requests an
amendment to Exemption No. 17634 to
add the Model 777–8 and 777–9
airplanes, increase the maximum
number of mini-suites allowed, and
change the conditions of the exemption
regarding evacuation analysis.
[FR Doc. 2018–17641 Filed 8–15–18; 8:45 am]
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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:

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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

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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

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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:

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‘‘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]
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