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 âmay 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 toâ
(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.â
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
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.