View Information Collection Request (ICR) Package

OMB Control No: 2126-0056	ICR Reference No: 202209-2126-001
Status: Active	Previous ICR Reference No: 201908-2126-003
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 without change	Conclusion Date: 12/21/2022
Retrieve Notice of Action (NOA)	Date Received in OIRA: 10/12/2022
Terms of Clearance:

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	12/31/2025	36 Months From Approved	12/31/2022
Responses	1,212,354	0	1,193,139
Time Burden (Hours)	212,256	0	136,288
Cost Burden (Dollars)	552,290	0	349,158

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 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.” 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.

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:
	Not associated with rulemaking

Federal Register Notices & Comments
60-day Notice:	Federal Register Citation:	Citation Date:
	87 FR 41853	07/13/2022
30-day Notice:	Federal Register Citation:	Citation Date:
	87 FR 61429	10/11/2022
Did the Agency receive public comments on this ICR? No

ICR Summary of Burden

	Total Approved	Previously Approved	Change Due to Adjustment in Estimate
Annual Number of Responses	1,212,354	1,193,139	19,215
Annual Time Burden (Hours)	212,256	136,288	75,968
Annual Cost Burden (Dollars)	552,290	349,158	203,132

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 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.

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? No

Agency Contact: Crystal Frederick 202 366-2904 crystal.frederick@dot.gov

View ICR - OIRA Conclusion