60-day FR for 2126-0056

Federal Register / Vol. 87, No. 133 / Wednesday, July 13, 2022 / Notices
applicants in the exemption document
and includes the following: (1) each
driver must report any crashes or
accidents as defined in § 390.5; (2) each
driver must report all citations and
convictions for disqualifying offenses
under 49 CFR 383 and 49 CFR 391 to
FMCSA; and (3) each driver is
prohibited from operating a motorcoach
or bus with passengers in interstate
commerce. The driver must also have a
copy of the exemption when driving, for
presentation to a duly authorized
Federal, State, or local enforcement
official. In addition, the exemption does
not exempt the individual from meeting
the applicable CDL testing
requirements.
VI. Preemption
During the period the exemption is in
effect, no State shall enforce any law or
regulation that conflicts with this
exemption with respect to a person
operating under the exemption.
VII. Conclusion
Based upon its evaluation of the 22
exemption applications, FMCSA
exempts the following drivers from the
hearing standard, § 391.41(b)(11),
subject to the requirements cited above:

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Christopher Adams (IA), Jerritt Boehle
(IL), Nathan Bohannon (TX), John
Darr (TN), Jeremy Earl (IL), Taniko
Graham (TN), Rodney Henley (AL),
Quincy Hicks (VA), Omar Ibrahim
(MN), Larry Mancill (MO), Glenn
McCormack (IL), Carlos Morales (FL),
Steven Morris (TX), Tisha Simmons
(NC), Vikramdeep Singh (NY), Joseph
Stanford, III (OR), Charles Stire (KY),
Amanda Sturdevant (TX), Robert
Walker, Jr. (WA), Joshua Wayland
(IL), Kevin Young (AL), Karisa
Zapotocky (CA)
In accordance with 49 U.S.C.
31315(b), each exemption will be valid
for 2 years from the effective date unless
revoked earlier by FMCSA. The
exemption will be revoked if the
following occurs: (1) the person fails to
comply with the terms and conditions
of the exemption; (2) the exemption has
resulted in a lower level of safety than
was maintained prior to being granted;
or (3) continuation of the exemption
would not be consistent with the goals
and objectives of 49 U.S.C. 31136(e) and
31315(b).
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2022–14849 Filed 7–12–22; 8:45 am]
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[Docket No. FMCSA–2022–0080]

Agency Information Collection
Activities; Renewal of an Approved
Information Collection: Lease and
Interchange of Vehicles
Federal Motor Carrier Safety
Administration (FMCSA), Department
of Transportation (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 its
review and approval and invites public
comment. This ICR will enable FMCSA
to document the burden associated with
the for-hire truck leasing regulations
and passenger carrier regulations. These
regulations require certain for-hire
property carriers and certain for-hire
and private passenger carriers to have a
formal lease when leasing equipment
from other motor carriers. FMCSA
requests approval to renew an ICR
titled, ‘‘Lease and Interchange of
Vehicles.’’

SUMMARY:

Comments on this notice must be
received on or before September 12,
2022.

DATES:

You may submit comments
identified by Federal Docket
Management System Docket Number
FMCSA–2022–0080 using any of the
following methods:
• Federal eRulemaking Portal: http://
www.regulations.gov. Follow the online
instructions for submitting comments.
• Fax: (202) 493–2251.
• Mail: Dockets Operations; 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: U.S.
Department of Transportation, 1200
New Jersey Avenue SE, West Building,
Ground Floor, Room W12–140,
Washington, DC 20590–0001 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 see the Public
Participation heading below. Note that
all comments received will be posted
without change to https://
www.regulations.gov, including any

ADDRESSES:

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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 https://
www.regulations.gov, and follow the
online instructions for accessing the
dockets, or go to the street address listed
above.
Privacy: In accordance with 5 CFR
1320.8(d)(1), DOT solicits comments
from the public to better inform its
collections of information approval
process. DOT posts these comments,
without edit, including any personal
information the commenter provides, to
www.regulations.gov, as described in
the system of records notice (DOT/ALL–
14 FDMS), which can be reviewed at
www.dot.gov/privacy.
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 website. 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:
Stacy Ropp, Compliance Division, DOT,
FMCSA, West Building 6th Floor, 1200
New Jersey Avenue SE, Washington, DC
20590–0001; (609) 661–2062;
[email protected].
SUPPLEMENTARY INFORMATION:
Background
Property transportation. Under 49
U.S.C. 14102(a), The Secretary of
Transportation (Secretary) ‘‘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

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Federal Register / Vol. 87, No. 133 / Wednesday, July 13, 2022 / Notices

operations and equipment, and with
other applicable law as if the motor
vehicles were owned by the motor
carrier.’’
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 regulations 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
the government and members of the
public can determine who is responsible
for a property-carrying commercial
motor vehicle. Prior to adoption of 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.
The regulations 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 § 376.11, which
cross references other provisions in part
376. Section 376.11 provides that an
authorized carrier (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;
(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.
Passenger transportation. FMCSA can
regulate the lease and interchange of
passenger-carrying commercial motor
vehicles based on the authority of the
Motor Carrier Act of 1935 and the Motor
Carrier Safety Act of 1984, as amended.
FMCSA’s regulations about the lease
and interchange of passenger-carrying
commercial motor vehicles in subpart G
of 49 CFR part 390 help ensure that
passenger carriers cannot evade FMCSA
oversight and enforcement by entering
into lease agreements to operate under

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the authority of another carrier that
exercises no control over these
operations. Motor carriers that (1)
operate passenger-carrying commercial
motor vehicles, (2) have active operating
authority registration with FMCSA to
transport passengers, and (3) engage in
the lease or interchange of passengercarrying commercial motor vehicles
with other motor carriers that have
active operating authority registration
with FMCSA to transport passengers,
are not subject to the regulations in
subpart G of 49 CFR part 390 and the
recordkeeping requirements therein.
Such regulations and requirements also
do not apply to financial leases (such as
a closed-end lease, hire purchase, lease
purchase, purchase agreement,
installment plan, demonstration or
loaner vehicle, etc.) between a motor
carrier and a bank or similar financial
organization or a manufacturer or dealer
of passenger-carrying commercial motor
vehicles.
Section 390.403(b) specifies the four
required items of information that any
lease or interchange record document
for passenger-carrying commercial
motor vehicles is required to contain.
These are (1) vehicle identification
information; (2) information about and
signatures of the involved motor carriers
of passengers [the lessor and the lessee];
(3) specific duration of the lease or
interchange agreement; and (4) a clear
statement about exclusive possession
and responsibilities. Section 390.403(c)
requires a copy of the lease or
interchange agreement be on the
passenger-carrying commercial motor
vehicle during the period of the lease or
interchange agreement. Both the lessee
and lessor must retain a copy of the
lease or interchange agreement for one
year after the expiration date.
These property carrier and passenger
carrier provisions account for the
burden in this information collection.
The 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.
Previous estimates were based on 2017
data. Current passenger carrier-related
estimates are based on the October 29,
2021, Licensing and Insurance, Motor
Carrier Management Information
System, and Safety Measurement
System snapshots. Current property
carrier related estimates are based on

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the November 26, 2021, Licensing and
Insurance, 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
affected property carriers and a decrease
in the overall number of affected
passenger carriers from the data used in
the previous ICR. 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.
Title: Lease and Interchange of
Vehicles.
OMB Control Number: 2126–0056.
Type of Request: Renewal of currently
approved ICR.
Respondents: Motor carriers
authorized by the Secretary to transport
property and passengers that use leased
equipment.
Estimated Number of Respondents:
48,046 [45,536 property carriers (lessees
and lessors) + 2,230 interstate
authorized for-hire passenger carriers
(lessees and lessors) + 124 interstate
exempt for-hire passenger carriers
(lessees and lessors) + 156 interstate
private motor carriers of passengers
(lessees and lessors)].
Estimated Time per Response: Varies
from 5 to 30 minutes.
Expiration Date: October 31, 2022.
Frequency of Response: On occasion.
Estimated Total Annual Burden:
212,256 hours [45,536 hours for master
lease (creation of master leases by
lessees and lessors that are property
carriers) + 73,067 hours for standard
statement (creation of a statement or
copy of the lease to be carried in each
leased truck tractor) + 80,320 hours for
one-time lease negotiations by lessees
and lessors that are passenger carriers +
13,333 hours for lease documentation by
lessees and lessors that are passenger
carriers + zero or de minimis hours for
lease copying by passenger carriers].
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
ICR.

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Federal Register / Vol. 87, No. 133 / Wednesday, July 13, 2022 / Notices
Issued under the authority of 49 CFR 1.87.
Thomas P. Keane,
Associate Administrator, Office of Research
and Registration.
[FR Doc. 2022–14850 Filed 7–12–22; 8:45 am]
BILLING CODE 4910–EX–P

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[Docket No. FMCSA–2022–0044]

Qualification of Drivers; Exemption
Applications; Epilepsy and Seizure
Disorders
Federal Motor Carrier Safety
Administration (FMCSA), Department
of Transportation (DOT).
ACTION: Notice of applications for
exemption; request for comments.
AGENCY:

FMCSA announces receipt of
applications from 16 individuals for an
exemption from the prohibition in the
Federal Motor Carrier Safety
Regulations (FMCSRs) against persons
with a clinical diagnosis of epilepsy or
any other condition that is likely to
cause a loss of consciousness or any loss
of ability to control a commercial motor
vehicle (CMV) to drive in interstate
commerce. If granted, the exemptions
would enable these individuals who
have had one or more seizures and are
taking anti-seizure medication to
operate CMVs in interstate commerce.
DATES: Comments must be received on
or before August 12, 2022.
ADDRESSES: You may submit comments
identified by the Federal Docket
Management System Docket No.
FMCSA–2022–0044 using any of the
following methods:
• Federal eRulemaking Portal: Go to
www.regulations.gov/, insert the docket
number, FMCSA–2022–0044, in the
keyword box, and click ‘‘Search.’’ Next,
sort the results by ‘‘Posted (NewerOlder),’’ choose the first notice listed,
and click on the ‘‘Comment’’ button.
Follow the online instructions for
submitting comments.
• Mail: Dockets Operations; U.S.
Department of Transportation, 1200
New Jersey Avenue SE, West Building
Ground Floor, Room W12–140,
Washington, DC 20590–0001.
• Hand Delivery: West Building
Ground Floor, Room W12–140, 1200
New Jersey Avenue SE, Washington, DC
20590–0001 between 9 a.m. and 5 p.m.,
ET, Monday through Friday, except
Federal Holidays.
• Fax: (202) 493–2251.
To avoid duplication, please use only
one of these four methods. See the

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SUMMARY:

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‘‘Public Participation’’ portion of the
section for
instructions on submitting comments.
FOR FURTHER INFORMATION CONTACT: Ms.
Christine A. Hydock, Chief, Medical
Programs Division, (202) 366–4001,
[email protected], FMCSA, DOT,
1200 New Jersey Avenue SE, Room
W64–224, Washington, DC 20590–0001.
Office hours are 8:30 a.m. to 5 p.m., ET,
Monday through Friday, except Federal
holidays. If you have questions
regarding viewing or submitting
material to the docket, contact Dockets
Operations, (202) 366–9826.
SUPPLEMENTARY INFORMATION:
SUPPLEMENTARY INFORMATION

I. Public Participation
A. Submitting Comments
If you submit a comment, please
include the docket number for this
notice (Docket No. FMCSA–2022–0044),
indicate the specific section of this
document to which each comment
applies, and provide a reason for each
suggestion or recommendation. You
may submit your comments and
material online or by fax, mail, or hand
delivery, but please use only one of
these means. FMCSA recommends that
you include your name and a mailing
address, an email address, or a phone
number in the body of your document
so that FMCSA can contact you if there
are questions regarding your
submission.
To submit your comment online, go to
www.regulations.gov/docket?D=FMCSA2022-0044. Next, sort the results by
‘‘Posted (Newer-Older),’’ choose the first
notice listed, click the ‘‘Comment’’
button, and type your comment into the
text box on the following screen. Choose
whether you are submitting your
comment as an individual or on behalf
of a third party and then submit.
If you submit your comments by mail
or hand delivery, submit them in an
unbound format, no larger than 81⁄2 by
11 inches, suitable for copying and
electronic filing. If you submit
comments by mail and would like to
know that they reached the facility,
please enclose a stamped, self-addressed
postcard or envelope.
FMCSA will consider all comments
and material received during the
comment period.
B. Viewing Comments
To view comments go to
www.regulations.gov. Insert the docket
number, FMCSA–2022–0044, in the
keyword box, and click ‘‘Search.’’ Next,
sort the results by ‘‘Posted (NewerOlder),’’ choose the first notice listed,
and click ‘‘Browse Comments.’’ If you
do not have access to the internet, you

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may view the docket online by visiting
Dockets Operations in Room W12–140
on the ground floor of the DOT West
Building, 1200 New Jersey Avenue SE,
Washington, DC 20590–0001, between 9
a.m. and 5 p.m., ET, Monday through
Friday, except Federal holidays. To be
sure someone is there to help you,
please call (202) 366–9317 or (202) 366–
9826 before visiting Dockets Operations.
C. Privacy Act
In accordance with 49 U.S.C.
31315(b)(6), DOT solicits comments
from the public on the exemption
request. DOT posts these comments,
without edit, including any personal
information the commenter provides, to
www.regulations.gov, as described in
the system of records notice (DOT/ALL–
14 FDMS), which can be reviewed at
www.dot.gov/privacy.
II. Background
Under 49 U.S.C. 31136(e) and
31315(b), FMCSA may grant an
exemption from the FMCSRs for no
longer than a 5-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
statute also allows the Agency to renew
exemptions at the end of the 5-year
period. FMCSA grants medical
exemptions from the FMCSRs for a 2year period to align with the maximum
duration of a driver’s medical
certification.
The 16 individuals listed in this
notice have requested an exemption
from the epilepsy and seizure disorders
prohibition in 49 CFR 391.41(b)(8).
Accordingly, the Agency will evaluate
the qualifications of each applicant to
determine whether granting the
exemption will achieve the required
level of safety mandated by statute.
The physical qualification standard
for drivers regarding epilepsy found in
§ 391.41(b)(8) states that a person is
physically qualified to drive a CMV if
that person has no established medical
history or clinical diagnosis of epilepsy
or any other condition which is likely
to cause the loss of consciousness or any
loss of ability to control a CMV.
In addition to the regulations, FMCSA
has published advisory criteria 1 to
assist medical examiners (MEs) in
determining whether drivers with
certain medical conditions are qualified
1 These criteria may be found in APPENDIX A TO
PART 391—MEDICAL ADVISORY CRITERIA,
section H. Epilepsy: § 391.41(b)(8), paragraphs 3, 4,
and 5, which is available on the internet at https://
www.gpo.gov/fdsys/pkg/CFR-2015-title49-vol5/pdf/
CFR-2015-title49-vol5-part391-appA.pdf.

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