30-day FR for 2126-0056

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Federal Register / Vol. 87, No. 195 / Tuesday, October 11, 2022 / Notices
• Mail: Dockets Operations; U.S.
Department of Transportation, 1200
New Jersey Avenue SE, West Building,
Ground Floor, Room W12–140, 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. ET, 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
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. To be sure someone is there to
help you, please call (202) 366–9317 or
(202) 366–9826 before visiting Dockets
Operations.
Privacy Act: 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 www.regulations.gov. As
described in the system of records
notice DOT/ALL–14 FDMS, which can
be reviewed at https://www.dot.gov/
privacy, the comments are searchable by
the name of the submitter.
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
‘‘FAQ’’ 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: Ms.
Pearlie Robinson, FMCSA Driver and
Carrier Operations Division, DOT,
FMCSA, West Building, 6th Floor, 1200
New Jersey Avenue SE, Washington, DC
20590; (202) 366–4225 or by email at
[email protected]. If you have
questions on viewing or submitting

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material to the docket, contact Docket
Services, telephone (202) 366–9826.
SUPPLEMENTARY INFORMATION:
Background
An LCV is any combination of a trucktractor and two or more semi-trailers or
trailers that operates on the National
System of Interstate and Defense
Highways (according to 23 CFR part
470.107) and has a gross vehicle weight
greater than 80,000 pounds. To enhance
the safety of LCV operations on our
Nation’s highways, section 4007(b) of
the Motor Carrier Act of 1991 directed
the Secretary of Transportation to
establish Federal minimum training
requirements for drivers of LCVs
(Intermodal Surface Transportation
Efficiency Act of 1991, Public Law 102–
240, 105 Stat. 1914, 2152). The
Secretary of Transportation delegated
responsibility for establishing these
requirements to FMCSA (49 CFR part
1.87), and on March 30, 2004, after
appropriate notice and solicitation of
public comment, FMCSA established
the current training requirements for
operators of LCVs (69 FR 16722). The
regulations bar motor carriers from
permitting their drivers to operate an
LCV if they have not been properly
trained in accordance with the
requirements of § 380.113. Drivers
receive an LCV Driver-Training
Certificate upon successful completion
of these training requirements. Motor
carriers employing an LCV driver must
verify the driver’s qualifications to
operate an LCV and must maintain a
copy of the LCV Driver-Training
Certificate and present it to authorized
Federal, State, or local officials upon
request.
Renewal of This Information Collection
(IC)
The current burden estimate
associated with this IC, approved by
OMB on June 26, 2020, is 4,200 hours.
The expiration date of the current ICR
is June 30, 2023. Through this ICR
renewal, the Agency requests an
increase in the burden hours from 4,200
hours to 4,360 hours. The increase is the
result of the increase in estimated driver
population as well as the increase in
expected industry growth rate for
drivers from 2020 to 2030.
Title: Training Certification for
Drivers of LCVs.
OMB Control Number: 2126–0026.
Type of Request: Renewal of an
information collection.
Respondents: LCV training providers,
drivers, and motor carriers employing
LCV drivers.
Estimated Number of Respondents:
52,082, consisting of 240 LCV training

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providers, plus 240 newly-certified LCV
drivers seeking employment, plus
25,681 currently certified LCV drivers
seeking employment plus 25,921 motor
carriers employing LCV drivers.
Estimated Time per Response: 10
minutes for preparation of LCV DriverTraining Certificates for drivers who
successfully complete the LCV training,
and 10 minutes for activities associated
with the LCV Driver-Training Certificate
during the hiring process.
Expiration Date: June 30, 2023.
Frequency of Response: On occasion.
Estimated Total Annual Burden:
4,360 hours.
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 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 information
collected. The agency will summarize or
include your comments in the request
for OMB’s clearance of this ICR.
Issued under the authority of 49 CFR 1.87.
Thomas P. Keane,
Associate Administrator, Office of Research
and Registration.
[FR Doc. 2022–21977 Filed 10–7–22; 8:45 am]
BILLING CODE 4910–EX–P

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
review and approval. 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

SUMMARY:

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Federal Register / Vol. 87, No. 195 / Tuesday, October 11, 2022 / Notices

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.’’
DATES: Comments on this notice must be
received on or before November 10,
2022.
Written comments and
recommendations for the proposed
information collection should be sent
within 30 days of publication of this
notice to www.reginfo.gov/public/do/
PRAMain. Find this information
collection by selecting ‘‘Currently under
30-day Review—Open for Public
Comments’’ or by using the search
function.

ADDRESSES:

FOR FURTHER INFORMATION CONTACT:

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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:
Title: Lease and Interchange of
Vehicles.
OMB Control Number: 2126–0056.
Type of Request: Renewal of a
currently approved ICR.
Respondents: Motor carriers
authorized by the Secretary of
Transportation (Secretary) to transport
property and passengers that use leased
equipment.
Estimated Number of Respondents:
48,046 [45,536 property carriers (lessees
and lessors) + 2,510 passenger-carrying
motor carriers (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.
Background
Property transportation. Under 49
U.S.C. 14102(a), The Secretary ‘‘may
require a motor carrier providing forhire 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

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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 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

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into lease agreements to operate under
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

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Federal Register / Vol. 87, No. 195 / Tuesday, October 11, 2022 / Notices
carrier related estimates are based on
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.
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.
Issued under the authority of 49 CFR
1.87.
Thomas P. Keane,
Associate Administrator, Office of Research
and Registration.
[FR Doc. 2022–21978 Filed 10–7–22; 8:45 am]
BILLING CODE 4910–EX–P

DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety
Administration
[Docket Nos. NHTSA–2019–0095; NHTSA–
2019–0134; Notice 2]

Specialty Tires of America, Inc., Grant
of Petitions for Decision of
Inconsequential Noncompliance
National Highway Traffic
Safety Administration (NHTSA),
Department of Transportation (DOT).
ACTION: Grant of petitions.
AGENCY:

Specialty Tires of America,
Inc. (STA) has determined that certain
STA light truck tires do not fully
comply with Federal Motor Vehicle
Safety Standard (FMVSS) No. 119, New
Pneumatic Tires for Motor Vehicles with
a GVWR of More than 4,536 kilograms
(10,000 pounds) and Motorcycles, or
FMVSS No. 139, New Pneumatic Radial
Tires for Light Vehicles. STA filed
noncompliance reports dated August 27,
2019, November 15, 2019, and
November 18, 2019. STA also petitioned
NHTSA on September 16, 2019, and

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SUMMARY:

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December 13, 2019, and later amended
the former on March 3, 2020, for a
decision that the subject
noncompliances are inconsequential as
they relate to motor vehicle safety. This
document announces the grant of STA’s
petitions.
FOR FURTHER INFORMATION CONTACT:
Jayton Lindley, Office of Vehicle Safety
Compliance, the National Highway
Traffic Safety Administration (NHTSA),
telephone (325)–655–0547,
[email protected].
SUPPLEMENTARY INFORMATION:
I. Overview: STA has determined that
certain STA light truck tires do not fully
comply with paragraph S6.5(f) of
FMVSS No. 119, New Pneumatic Tires
for Motor Vehicles with a GVWR of
More than 4,536 kilograms (10,000
pounds) and Motorcycles (49 CFR
571.119) or paragraphs S5.5(e) and (f) of
FMVSS No. 139, New Pneumatic Radial
Tires for Light Vehicles (49 CFR
571.139). STA filed noncompliance
reports dated August 27, 2019,
November 15, 2019, and November 18,
2019, pursuant to 49 CFR part 573,
Defect and Noncompliance
Responsibility and Reports. STA also
petitioned NHTSA on September 16,
2019, and December 13, 2019, and later
amended the former on March 3, 2020,
for an exemption from the notification
and remedy requirements of 49 U.S.C.
chapter 301 on the basis that this
noncompliance is inconsequential as it
relates to motor vehicle safety, pursuant
to 49 U.S.C. 30118(d) and 30120(h) and
49 CFR part 556, Exemption for
Inconsequential Defect or
Noncompliance.
Notice of receipt of STA’s petitions
was published with a 30-day public
comment period, on October 6, 2020, in
the Federal Register (85 FR 63161).
NHTSA received one comment from the
general public. While the Agency takes
great interest in the public’s concerns
and appreciates the commenter’s
feedback, the comment does not address
the purpose of this particular petitions.
To view the petitions and all supporting
documents, log onto the Federal Docket
Management System (FDMS) website at
https://www.regulations.gov/. Then
follow the online search instructions to
locate docket numbers ‘‘NHTSA–2019–
0095 and NHTSA–2019–0134.’’
II. Tires Involved: Approximately
5,489 of the following STA light truck
tires, manufactured between January 1,
2009, and October 27, 2019, and
certified to FMVSS No. 119, are
potentially involved:
• 8–17.5 LT STA Super Traxion
• 8–17.5 STA Super Transport
• 8–14.5LT G/14 STA Super Transport

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•
•
•
•

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8–14.5LT F 12 STA Super Transport
7.50–18 STA Super Traxion
7.50–17 STA Super Transport
10.00–20 STA Super Transport
Approximately 2,887 of the following
STA light truck tires, manufactured
between February 2, 2014, and
September 1, 2019, and certified to
FMVSS No. 139, are potentially
involved:
• 37x12.50R20LT Interco SSR
• 37x12.50R17LT Interco SSR
• 35x12.50–16LT Interco Thornbird
• 33x13.50R17LT Interco Irok
III. Noncompliance: STA explains that
in both cases, the noncompliance is that
the sidewalls of the subject tires
incorrectly state the ply material and
number of plies and, therefore, do not
meet the applicable requirement
specified in either paragraph S6.5 of
FMVSS No. 119 or paragraphs S5.5(e)
and (f) of FMVSS No. 139. Specifically,
the subject tires were incorrectly
marked in the following ways:
• 8–17.5LT STA Super Traxion
Sidewall marked as Tread: 6 Ply
Nylon, Sidewall: 4 Ply Nylon
Correct marking should be Tread: 4
Ply Nylon, Sidewall: 4 Ply Nylon
• 8–17.5 STA Super Transport
Sidewall marked as Tread: 6 Ply
Nylon, Sidewall: 4 Ply Nylon
Correct marking should be Tread: 4
Ply Nylon, Sidewall: 4 Ply Nylon
• 8–14.5LT G/14STA Super Transport
Sidewall marked as Tread: 6 Ply
Nylon, Sidewall: 6 Ply Nylon
Correct marking should be Tread: 8
Ply Nylon, Sidewall: 6 Ply Nylon
• 8–14.5LT F 12 STA Super Transport
Sidewall marked as Tread: 6 Ply
Nylon, Sidewall: 6 Ply Nylon
Correct marking should be Tread: 8
Ply Nylon, Sidewall: 6 Ply Nylon
• 7.50–18 STA Super Traxion
Sidewall marked as Tread: 4 Ply
Nylon, Sidewall: 4 Ply Nylon
Correct marking should be Tread: 6
Ply Nylon, Sidewall: 4 Ply Nylon
• 7.50–17 STA Super Transport
Sidewall marked as Tread: 4 Ply
Nylon, Sidewall: 4 Ply Nylon
Correct marking should be Tread: 6
Ply Nylon, Sidewall: 6 Ply Nylon
• 10.00–20 STA Super Transport
Sidewall marked as Tread: 10 Ply
Nylon, Sidewall: 10 Ply Nylon
Correct marking should be Tread: 8
Ply Nylon, Sidewall: 6 Ply Nylon
• 37x12.50R20LT Interco SSR
Sidewall marked as Tread: 3 Poly + 2
Steel + 1 Nylon, Sidewall: 3 Poly
Correct marking should be Tread: 2
Poly + 2 Steel + 2 Nylon, Sidewall:
2 Poly
• 37x12.50R17LT Interco SSR
Sidewall marked as Tread: 3 Poly + 2

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