The purpose of this ICR revision is to ensure that truck and bus carriers are identified (and in some cases protected) when they agree to lease their equipment and drivers to other carriers. This ICR also ensures that FMCSA, our State partners, and the National Transportation Safety Board (NTSB) are better able to identify the responsible motor carrier and therefore correctly assign regulatory violations to the appropriate carrier during inspections, investigations, compliance reviews, and crash studies. These regulations also ensure that the government and members of the public can determine who is responsible for a commercial motor vehicle (CMV).
The leases and other agreements are developed and held by the lessor (e.g., those granting use of equipment) and lessee (e.g., party acquiring equipment). FMCSA generally collects no information with this ICR. These recordkeeping requirements vary in frequency, are mandatory and consistent with the provisions of the Motor Carrier Safety Act of 1984 for for-hire and private passenger carriers that operate CMVs, in order to enable the general public and investigators to identify the passenger carrier responsible for safety.
Also, under 49 U.S.C. 14102(a). FMCSA âmay 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 toâ
(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.â
FMCSA requests OMB approval of this revision of the existing currently approved ICR. The vehicle leasing and interchange regulations specify what must be covered in the lease, and to some degree, the responsibilities of the motor carrier. The parties to the lease determine much of the details between themselves. FMCSA needs to revise the annual burden for this ICR due to changes in the vehicle leasing and interchange regulations in part 390 for motor carriers of passengers, which eliminate certain provisions of the existing lease and interchange requirements for motor carriers of passengers, and reduce the applicability of those provisions that remain.
US Code:
49 USC 14102
Name of Law: Leased Motor Vehicles
There is a change of 3,587,119 fewer responses, 936,771 less burden hours, and $50,199,248 less cost burden due to adjustment in agency estimate. The adjustment portion of the total change in burden is the result of factors other than deliberate Agency action, and may include, for example, changes resulting from the availability of new or improved data, the use of enhanced analysis or estimation methodologies, or the correction of arithmetic or other errors made previously when calculating the burden for the currently approved information collection. There is a change of 713,835 fewer responses, 63,055 fewer burden hours, and $3,626,061 less cost burden due to change in Agency discretion. The program change is the result of deliberate Agency action, in this case the final rule âLease and Interchange of Vehicles; Motor Carriers of Passengersâ to be published, that is the basis for this ICR revision. The final rule to be published eliminate two existing provisions in 49 CFR part 390 regarding the lease and interchange of passenger-carrying CMVs, that for lease receipt copying, and that for charter party notification. Furthermore, the applicability of those provisions that remain is substantially reduced, affecting approximately 75 percent fewer motor carriers of passengers and CMV trips. Combined, these changes result in the substantial reductions in the number of responses, burden hours, and cost burden due to program change.
On behalf of this Federal agency, I certify that the collection of information encompassed by this request complies with 5 CFR 1320.9 and the related provisions of 5 CFR 1320.8(b)(3).
The following is a summary of the topics, regarding the proposed collection of information, that the certification covers:
(i) Why the information is being collected;
(ii) Use of information;
(iii) Burden estimate;
(iv) Nature of response (voluntary, required for a benefit, or mandatory);
(v) Nature and extent of confidentiality; and
(vi) Need to display currently valid OMB control number;
If you are unable to certify compliance with any of these provisions, identify the item by leaving the box unchecked and explain the reason in the Supporting Statement.
2126-0056 Final Rule SS.docx
Attachment E (49 CFR 1.87).pdf
IC-2: Property-Carrying CMVs Preparing and Signing Written Lease Document