[Federal Register Volume 90, Number 101 (Wednesday, May 28, 2025)]
[Notices]
[Pages 22560-22562]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-09502]
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2025-0091]
Agency Information Collection Activities; Renewal of an Approved
Information Collection: Lease and Interchange of Vehicles
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), Department
of Transportation (DOT).
ACTION: Notice and request for comments.
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SUMMARY: 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. FMCSA requests approval
to renew an ICR titled, ``Lease and Interchange of Vehicles.'' 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.
DATES: Comments on this notice must be received on or before July 28,
2025.
ADDRESSES: You may submit comments identified by Docket Number FMCSA-
2025-0091 using any of the following methods:
Federal eRulemaking Portal: https://www.regulations.gov.
Follow the online instructions for submitting comments.
Mail: Dockets Operations; U.S. Department of
Transportation, 1200 New Jersey Avenue SE, West Building, Ground Floor,
Washington, DC 20590-0001.
Hand Delivery or Courier: Dockets Operations, U.S.
Department of Transportation, 1200 New Jersey Avenue SE, West Building,
Ground Floor, 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.
Fax: (202) 493-2251.
To avoid duplication, please use only one of these four methods.
See the ``Public Participation and Request for Comments'' portion of
the SUPPLEMENTARY INFORMATION section for instructions on submitting
comments.
FOR FURTHER INFORMATION CONTACT: Stacy Ropp, Compliance Division, DOT,
FMCSA, 1200 New Jersey Avenue SE, West Building, 6th Floor, Washington,
DC 20590-0001; (609) 661-2062; [email protected].
SUPPLEMENTARY INFORMATION:
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.
Public Participation and Request for Comments
If you submit a comment, please include the docket number for this
notice (FMCSA-2025-0091), indicate the specific section of this
document to which your 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 FMCSA can contact you if there are questions regarding your
submission.
To submit your comment online, go to https://www.regulations.gov/docket/FMCSA-2025-0091/document, click on this notice, click
``Comment,'' and type your comment into the text box on the following
screen.
If you submit your comments by mail or hand delivery, submit them
in an unbound format, no larger than 8\1/2\ by 11 inches, suitable for
copying and electronic filing.
Comments received after the comment closing date will be included
in the docket and will be considered to the extent practicable.
Privacy Act
In accordance with 5 U.S.C. 553(c), DOT solicits comments from the
public to better inform its regulatory process. DOT posts these
comments, including any personal information the commenter provides, to
www.regulations.gov as described in the
[[Page 22561]]
system of records notice DOT/ALL 14 (Federal Docket Management System
(FDMS)), which can be reviewed at https://www.transportation.gov/individuals/privacy/privacy-act-system-records-notices. The comments
are posted without edits and are searchable by the name of the
submitter.
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 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 (CMV). 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 Sec. 376.11, which cross reference 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 Sec. 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 CMVs 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 CMVs 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 the authority of
another carrier that exercises no control over these operations. Motor
carriers that (1) operate passenger-carrying CMVs, (2) have active
operating authority registration with FMCSA to transport passengers,
and (3) engage in the lease or interchange of passenger-CMVs 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 CMVs.
Section 390.403(b) specifies the four required items of information
that any lease or interchange record document for passenger-carrying
CMVs 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 CMV 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 decrease
of 26,154 estimated annual burden hours (186,102 proposed estimated
annual burden hours-212,256 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 2021 data. Current property carrier and passenger
carrier-related estimates are based on the December 27, 2024, Motor
Carrier Management Information System and Safety Measurement System
snapshots. The data pulled for the current ICR shows a decrease in the
overall number of affected property carriers and an increase in the
overall number of affected passenger carriers from the data used in the
previous ICR. The decrease in the number of affected property carriers
was greater than the increase in the overall number of affected
passenger carriers which resulted in a decrease 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: 31,677 [28,758 property carriers
(lessees and lessors) + 2,013 interstate authorized for-hire passenger
carriers (lessees and lessors) + 236 interstate exempt for-hire
passenger carriers (lessees and lessors) + 671 interstate private motor
carriers of passengers (lessees and lessors)].
Estimated Time per Response: Varies from 5 to 30 minutes.
Expiration Date: December 31, 2025.
Frequency of Response: On occasion.
Estimated Total Annual Burden: 186,102 hours [28,758 hours for
master lease (creation of master leases by lessees and lessors that are
property carriers) + 48,446 hours for standard statement (creation of a
statement or
[[Page 22562]]
copy of the lease to be carried in each leased truck tractor) + 93,395
hours for one-time lease negotiations by lessees and lessors that are
passenger carriers + 15,504 hours for lease documentation by lessees
and lessors that are passenger carriers + zero or de minimis hours for
lease copying by passenger carriers].
Definitions: None.
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.
Issued under the authority of 49 CFR 1.87.
Kenneth Riddle,
Acting Associate Administrator Office of Research and Registration.
[FR Doc. 2025-09502 Filed 5-27-25; 8:45 am]
BILLING CODE 4910-EX-P