The Federal Motor Carrier Safety Administration (FMCSA), part of the Department of Transportation, has issued a notice in the Federal Register seeking renewal of an information collection request under the Paperwork Reduction Act of 1995. Published on November 17, 2025, this notice pertains to regulations requiring formal leases for for-hire property carriers and certain passenger carriers when using equipment from other motor carriers. The action aims to document the administrative burden of these rules, which ensure accountability and safety in interstate transportation. With an estimated annual burden of 186,102 hours across 31,677 respondents, the renewal reflects updated data showing a net decrease in burden hours. This development underscores ongoing efforts to balance regulatory compliance with operational efficiency in the trucking and passenger transport sectors, where leasing practices have long been a point of contention for safety and liability reasons.
Background and Regulatory Framework
The regulations stem from authority granted under 49 U.S.C. 14102(a), which allows the Secretary of Transportation to mandate written arrangements for motor carriers using non-owned vehicles in for-hire transportation. FMCSA administers these rules through 49 CFR part 376 for property carriers and 49 CFR part 390 subpart G for passenger carriers. Originally adopted to protect small trucking companies from exploitative leasing without clear agreements, these provisions address disputes over responsibility for charges, actions, and vehicle liability. For property carriers, leases must specify duration, compensation, and include receipts for equipment transfer, along with vehicle identification in service.
For passenger carriers, the rules prevent evasion of oversight by requiring leases or interchange agreements with specific details like vehicle identification, carrier signatures, duration, and statements on exclusive possession and responsibilities. Exemptions apply to carriers with active operating authority that lease among themselves or engage in financial leases with banks or manufacturers. These frameworks trace back to the Motor Carrier Act of 1935 and the Motor Carrier Safety Act of 1984, evolving to adapt to industry practices while prioritizing public safety.
Key Players and Process
FMCSA leads this initiative, with the notice signed by Acting Associate Administrator Nicole Michel. The agency relies on data from the Motor Carrier Management Information System and Safety Measurement System snapshots as of December 27, 2024, to estimate burdens. Respondents include 28,758 property carriers, 2,013 interstate authorized for-hire passenger carriers, 236 interstate exempt for-hire passenger carriers, and 671 interstate private motor carriers of passengers. The Office of Management and Budget (OMB) will review the request, currently under control number 2126-0056, set to expire on December 31, 2025.
One public comment was received following the 60-day notice published on May 28, 2025, supporting renewal for accountability in contract expenditures and passenger regulations. FMCSA agreed, emphasizing the collection's role in maintaining transparency. Comments are now invited until December 17, 2025, via the reginfo.gov portal, focusing on necessity, burden accuracy, and ways to improve data quality.
Burden Estimates and Changes
The notice details an estimated total annual burden of 186,102 hours, down from 212,256 hours in the prior approval. This program change decrease of 26,154 hours results from updated carrier data, showing fewer property carriers offsetting an increase in passenger carriers. Breakdowns include 28,758 hours for creating master leases among property carriers, 48,446 hours for standard statements in leased truck tractors, and various hours for passenger carrier lease negotiations and documentation. Time per response ranges from 5 to 30 minutes, with responses occurring on occasion.
These estimates highlight the administrative load of compliance, such as carrying lease copies in vehicles and retaining records for one year post-expiration. While property carrier rules apply to authorized interstate carriers under 49 U.S.C. 13901 and 13902, passenger rules target operations that might otherwise skirt FMCSA enforcement.
Implications and Perspectives
Short-term implications include potential adjustments based on public feedback, which could refine burden calculations before OMB approval. Long-term, the renewal reinforces accountability in an industry where leasing disputes have historically led to safety lapses and legal battles, as seen in cases involving unclear liability for accidents. Industry groups like the American Trucking Associations have advocated for streamlined regulations to reduce paperwork without compromising safety, while safety advocates emphasize the rules' role in traceability.
Different perspectives emerge: carriers may view the burden as an operational hurdle, especially for small operators, whereas regulators and the public benefit from clear responsibility chains that aid in accident investigations and insurance claims. No legal precedents are directly cited in the notice, but the rules align with broader federal efforts to minimize regulatory evasion, similar to updates in hazardous materials transport.
In conclusion, this ICR renewal maintains essential safeguards for motor carrier leasing, with updated data reflecting industry shifts. Potential next steps involve OMB review and possible revisions based on comments, addressing ongoing debates over balancing administrative efficiency with safety imperatives in transportation policy.