Lease and Interchange of Vehicles

OMB Control No: 2126-0056	ICR Reference No: 201807-2126-002
Status: Historical Active	Previous ICR Reference No: 201505-2126-002
Agency/Subagency: DOT/FMCSA	Agency Tracking No:
Title: Lease and Interchange of Vehicles
Type of Information Collection: Extension without change of a currently approved collection	Common Form ICR:  No
Type of Review Request: Regular
OIRA Conclusion Action: Approved with change	Conclusion Date: 10/01/2018
Retrieve Notice of Action (NOA)	Date Received in OIRA: 08/31/2018
Terms of Clearance: Agency corrected the annual cost burden estimation.

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	10/31/2021	36 Months From Approved	09/30/2018
Responses	5,494,093	0	3,384,000
Time Burden (Hours)	1,136,114	0	677,000
Cost Burden (Dollars)	54,174,467	0	499,000

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Abstract: 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 crashes. 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.”

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Authorizing Statute(s): US Code: 49 USC 14102 Name of Law: Leased Motor Vehicles

Citations for New Statutory Requirements: US Code: 49 USC 141029(a) Name of Law: Leased Motor Vehicles

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
	Not associated with rulemaking

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Federal Register Notices & Comments
60-day Notice:	Federal Register Citation:	Citation Date:
	83 FR 17884	04/24/2018
30-day Notice:	Federal Register Citation:	Citation Date:
	83 FR 40841	08/16/2018
Did the Agency receive public comments on this ICR? No

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Number of Information Collection (IC) in this ICR: 2

IC Title Form No. Form Name Part 376, Property-Carrying Commercial Motor Vehicles Part 390, Subpart F, Passenger-Carrying Commercial Motor Vehicles

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ICR Summary of Burden

	Total Approved	Previously Approved	Change Due to New Statute	Change Due to Agency Discretion	Change Due to Adjustment in Estimate	Change Due to Potential Violation of the PRA
Annual Number of Responses	5,494,093	3,384,000	0	0	2,110,093	0
Annual Time Burden (Hours)	1,136,114	677,000	0	0	459,114	0
Annual Cost Burden (Dollars)	54,174,467	499,000	0	0	53,675,467	0

Burden increases because of Program Change due to Agency Discretion: No

Burden Increase Due to:

Burden decreases because of Program Change due to Agency Discretion: No

Burden Reduction Due to:

Short Statement: This program change increase of 459,114 estimated annual burden hours (1,136,114 proposed estimated annual burden hours - 677,000 currently approved estimated annual burden) is due to updated estimates of the number of respondents and responses (an increase of 2,110,093) for both motor carriers of property and passengers, and an increase of $53,675,467 in burden hour costs. Previous estimates were based on 2014 data. Current estimates are based on September 26, 2017, MCMIS and SMS snapshots. The data pulled for the current ICR shows an increase in the overall number of carriers since the data used in the previous ICR. The increase in number of carriers resulted in an increase in the overall burden hours associated with this ICR.

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Annual Cost to Federal Government: $0

Does this IC contain surveys, censuses, or employ statistical methods? No

Does this ICR request any personally identifiable information (see OMB Circular No. A-130 for an explanation of this term)? Please consult with your agency's privacy program when making this determination.     No

Does this ICR include a form that requires a Privacy Act Statement (see 5 U.S.C. §552a(e)(3))? Please consult with your agency's privacy program when making this determination.     No

Is this ICR related to the Affordable Care Act [Pub. L. 111-148 & 111-152]? No

Is this ICR related to the Dodd-Frank Wall Street Reform and Consumer Protection Act, [Pub. L. 111-203]? No

Is this ICR related to the American Recovery and Reinvestment Act of 2009 (ARRA)? No

Is this ICR related to the Pandemic Response? Uncollected

Agency Contact: Crystal Frederick 202 366-2904 [email protected]

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Common Form ICR:  No

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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:
		(a) It is necessary for the proper performance of agency functions;
		(b) It avoids unnecessary duplication;
		(c) It reduces burden on small entities;
		(d) It uses plain, coherent, and unambiguous language that is understandable to respondents;
		(e) Its implementation will be consistent and compatible with current reporting and recordkeeping practices;
		(f) It indicates the retention periods for recordkeeping requirements;
		(g) It informs respondents of the information called for under 5 CFR 1320.8 (b)(3) about:
			(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;
		(h) It was developed by an office that has planned and allocated resources for the efficient and effective management and use of the information to be collected.
		(i) It uses effective and efficient statistical survey methodology (if applicable); and
		(j) It makes appropriate use of information technology.
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.
Certification Date: 08/31/2018

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