Extension without change of a currently approved collection
No
Regular
10/12/2022
Requested
Previously Approved
36 Months From Approved
10/31/2022
1,212,354
1,193,139
212,256
136,288
552,290
349,158
The purpose of this ICR renewal 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.” There are 5 ICS as follows: IC1: Property-Carrying CMVs
Lease Negotiation; IC2: Property-Carrying CMVs Preparing and
Signing Written Lease Document; IC3: Passenger-Carrying CMVs
One-Time Lease Negotiation; IC4: Passenger-Carrying CMVs Lease
Documentation; and IC5: Passenger-Carrying CMVs Lease
Copying.
US Code:
49
USC 14102 Name of Law: Leased Motor Vehicles
US Code: 49 USC 141029(a) Name of Law: Leased
Motor Vehicles
This program change increase of
75,968 estimated annual burden hours (212,256 proposed estimated
annual burden hours - 136,288 currently approved estimated annual
burden hours) is due to the availability of new or improved data,
the use of enhanced analysis or estimation methodologies, and/or
the correction of arithmetic or other errors made previously when
calculating the burden for the currently approved information
collection. The increase in the number of affected property
carriers was greater than the decrease in the overall number of
affected passenger carriers which resulted in an increase in the
overall burden hours associated with this ICR. There is a decrease
in the annual number of responses that results primarily from a
reduced estimate of the affected population of passenger-carrying
motor carriers and changes in calculation methods. There is an
adjustment change increase in total burden hours primarily from (1)
an increased population calculation for affected property-carrying
motor carriers and their operated vehicles/trailers, and (2) an
increased burden hour calculation for passenger-carrying motor
carriers due to appropriate changes in calculation methods even
though there was a decrease in the calculated affected
passenger-carrying motor carriers. Total Annual Operation and
Maintenance Cost Burden: $552,290 [$528,194 cost burden for lease
copying and lease receipt copying for IC-1 and IC-2 + $24,096 cost
for lease copying for IC-5]. There is an increase in the operation
and maintenance burden costs of $203,132 [$552,290 proposed -
$349,158 previously approved] due to the increased number of
responses proposed to incur the expense.
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.