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OMB Control No: 2126-0056	ICR Reference No: 201908-2126-003
Status: Historical Active	Previous ICR Reference No: 201906-2126-003
Agency/Subagency: DOT/FMCSA	Agency Tracking No:
Title: Lease and Interchange of Vehicles
Type of Information Collection: Revision of a currently approved collection	Common Form ICR: No
Type of Review Request: Regular
OIRA Conclusion Action: Approved without change	Conclusion Date: 10/01/2019
Retrieve Notice of Action (NOA)	Date Received in OIRA: 08/29/2019
Terms of Clearance:

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	10/31/2022	36 Months From Approved	10/31/2021
Responses	1,193,139	0	5,494,093
Time Burden (Hours)	136,288	0	1,136,114
Cost Burden (Dollars)	349,158	0	54,174,467

Abstract: The purpose of this ICR revision 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 “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.” FMCSA requests OMB approval of this revision of the existing currently approved ICR. The vehicle leasing and interchange regulations specify what must be covered in the lease, and to some degree, the responsibilities of the motor carrier. The parties to the lease determine much of the details between themselves. FMCSA needs to revise the annual burden for this ICR due to changes in the vehicle leasing and interchange regulations in part 390 for motor carriers of passengers, which eliminate certain provisions of the existing lease and interchange requirements for motor carriers of passengers, and reduce the applicability of those provisions that remain.

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

Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
2126-AC07	Final or interim final rulemaking	84 FR 40272	08/14/2019

Federal Register Notices & Comments
Did the Agency receive public comments on this ICR? No

ICR Summary of Burden

	Total Approved	Previously Approved	Change Due to Agency Discretion	Change Due to Adjustment in Estimate
Annual Number of Responses	1,193,139	5,494,093	-713,835	-3,587,119
Annual Time Burden (Hours)	136,288	1,136,114	-63,055	-936,771
Annual Cost Burden (Dollars)	349,158	54,174,467	-3,626,061	-50,199,248

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: Yes

Burden Reduction Due to: Changing Regulations

Short Statement: There is a change of 3,587,119 fewer responses, 936,771 less burden hours, and $50,199,248 less cost burden due to adjustment in agency estimate. The adjustment portion of the total change in burden is the result of factors other than deliberate Agency action, and may include, for example, changes resulting from the availability of new or improved data, the use of enhanced analysis or estimation methodologies, or the correction of arithmetic or other errors made previously when calculating the burden for the currently approved information collection. There is a change of 713,835 fewer responses, 63,055 fewer burden hours, and $3,626,061 less cost burden due to change in Agency discretion. The program change is the result of deliberate Agency action, in this case the final rule “Lease and Interchange of Vehicles; Motor Carriers of Passengers” to be published, that is the basis for this ICR revision. The final rule to be published eliminate two existing provisions in 49 CFR part 390 regarding the lease and interchange of passenger-carrying CMVs, that for lease receipt copying, and that for charter party notification. Furthermore, the applicability of those provisions that remain is substantially reduced, affecting approximately 75 percent fewer motor carriers of passengers and CMV trips. Combined, these changes result in the substantial reductions in the number of responses, burden hours, and cost burden due to program change.

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 crystal.frederick@dot.gov

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