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 “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.” 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
US Code: 49 USC 141029(a) 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 “Lease and
Interchange of Vehicles; Motor Carriers of Passengers” 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