83 FR 31633 - Proposed Pilot Program To Allow Persons Between the Ages of 18 and 21 With Military Driving Experience To Operate Commercial Motor Vehicles in Interstate Commerce

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration

Federal Register Volume 83, Issue 130 (July 6, 2018)

Page Range		31633-31638
FR Document		2018-14025
On August 22, 2016, FMCSA proposed a pilot program to meet the requirements of section 5404 of the Fixing America's Surface Transportation (FAST) Act. FMCSA proposed a pilot program to allow a limited number of individuals ages 18, 19, and 20 to operate commercial motor vehicles (CMVs) in interstate commerce, if they have received specified heavy-vehicle driver training while in military service and were hired by a participating motor carrier. This notice provides the details of the pilot program and responds to comments received in response to the August 22, 2016 notice.
Federal Register, Volume 83 Issue 130 (Friday, July 6, 2018)
[Federal Register Volume 83, Number 130 (Friday, July 6, 2018)]
[Notices]
[Pages 31633-31638]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-14025]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2016-0069]


Proposed Pilot Program To Allow Persons Between the Ages of 18 
and 21 With Military Driving Experience To Operate Commercial Motor 
Vehicles in Interstate Commerce

AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.

ACTION: Notice.

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SUMMARY: On August 22, 2016, FMCSA proposed a pilot program to meet the 
requirements of section 5404 of the Fixing America's Surface 
Transportation (FAST) Act. FMCSA proposed a pilot program to allow a 
limited number of individuals ages 18, 19, and 20 to operate commercial 
motor vehicles (CMVs) in interstate commerce, if they have received 
specified heavy-vehicle driver training while in military service and 
were hired by a participating motor carrier. This notice provides the 
details of the pilot program and responds to comments received in 
response to the August 22, 2016 notice.

FOR FURTHER INFORMATION CONTACT: Mr. Selden Fritschner, Commercial 
Driver's License Division, Federal Motor Carrier Safety Administration, 
1200 New Jersey Avenue SE, Washington, DC 20590-0001, by email at 
[email protected], or by telephone at (202) 366-0677. If you 
have questions on viewing or submitting material to the docket, contact 
Docket Services, telephone (202) 366-9826.

SUPPLEMENTARY INFORMATION: 

Definitions

    For the purposes of this pilot program, FMCSA is using the 
following definitions:
    Approved motor carrier--A motor carrier approved by the Agency to 
use covered drivers to operate CMVs in interstate commerce that agrees 
to provide data on covered drivers, control drivers and/or intrastate 
drivers.
    Control Driver--A 21 to 24-year-old driver employed by a motor 
carrier with a valid commercial driver's license (CDL) who operates 
CMVs in interstate commerce.
    Covered Driver--An 18-, 19-, or 20-year-old driver with military 
training, in one of the seven Military Occupational Specialties (MOS), 
as defined below, employed by an approved motor carrier, who may 
operate in interstate commerce based on the provisions of this pilot 
program.

[[Page 31634]]

    Intrastate Driver--An 18-, 19-, or 20-year-old driver employed by a 
motor carrier who may operate a CMV only in intrastate commerce.
    Military Occupational Specialties (MOS)--For the purposes of this 
Federal Register notice, this term is used as a generic term for all 
military job classifications that include: 88M--Motor Transport 
Operator (Army), 92F--Fueler (Army), 2T1--Vehicle Operations (Air 
Force), 2Fo--Fueler (Air Force), 3E2--Pavement and Construction 
Equipment (Air Force), E.O.--Equipment Operator (Navy), and 3531--Motor 
Vehicle Operator (Marine Corps).

Legal Basis

    As noted in the August 22, 2016, Federal Register notice, Section 
4007 of the Transportation Equity Act for the 21st Century (TEA-21) 
(Pub. L. 105- 178, 112 Stat. 107) amended 49 U.S.C. 31315 and 31136(e) 
to give the Secretary of Transportation authority to conduct pilot 
programs. Section 4007 of TEA-21 also authorizes pilot programs in 
which one or more exemptions are granted to allow for the testing of 
innovative alternatives to certain Federal Motor Carrier Safety 
Regulations (FMCSRs). Section 4007 was implemented through an interim 
final rule (IFR) on December 8, 1998 (63 FR 67600) and codified at 49 
CFR part 381. The IFR was finalized on August 20, 2004 (69 FR 51589). 
The final rule established procedures to propose and manage pilot 
programs. FMCSA must publish in the Federal Register a detailed 
description of each pilot program, including the exemptions being 
considered, and provide notice and an opportunity for public comment 
before the effective date of the program. That requirement was 
fulfilled by the August 22, 2016, notice.
    The Agency is required to ensure that the safety measures in the 
pilot programs are designed to achieve a level of safety that is 
equivalent to, or greater than, the level of safety that would be 
achieved through compliance with the safety regulations. The maximum 
duration of pilot programs is 3 years from the starting date. At the 
conclusion of each pilot program, FMCSA must report to Congress its 
findings, conclusions, and recommendations, including suggested 
amendments to laws and regulations that would enhance motor carrier, 
CMV, and driver safety, and improve compliance with the FMCSRs.
    Section 5404 of the FAST Act (Pub. L. 114-94, 129 Stat. 1312, 1549, 
Dec. 4, 2015) requires the Secretary of Transportation to conduct a 
commercial driver pilot program to ``. . . study the feasibility, 
benefits, and safety impacts of allowing a covered driver to operate a 
commercial motor vehicle in interstate commerce.'' A ``covered driver'' 
is defined as a member or former member of the armed forces or reserve 
and national guard components between the ages of 18 and 21, who is 
qualified in a MOS to operate a CMV or similar vehicle. A covered 
driver participating in the pilot program may not transport passengers 
or hazardous cargo that require endorsements, or operate a vehicle in a 
special configuration. Section 5404 requires this pilot program to 
collect and analyze data regarding crashes involving covered drivers 
participating in the program, and drivers under the age of 21 operating 
CMVs in intrastate commerce.

Discussion of Comments and Responses on the Notice of Proposed Pilot 
Program

    On August 22, 2016, FMCSA published a notice in the Federal 
Register proposing this pilot program and requesting public comment (81 
FR 56745). Sixty-seven comments were submitted to the docket; 40 
favored the pilot program and 9 opposed it. The remaining 18 comments 
were a form letter asking the Agency to either expand the current pilot 
program or initiate a new one for drivers aged 20 and under who are 
engaged in agricultural operations. This request is outside of the 
scope of this pilot program as was defined by the FAST Act.
    In addition to private citizens, the following types of entities 
commented on the notice: Agricultural industry, motor carriers, CMV 
drivers, insurance industry, professional associations, owner 
operators, safety advocacy groups, State Driver License Agencies 
(SDLAs), and other trade associations.
    Only a handful of the 40 commenters who favored the pilot program 
endorsed it without reservation. Commenters generally supported the 
pilot program, provided FMCSA accepted their recommendations on program 
implementation. A number of commenters, all of which are motor 
carriers, supported the pilot program and expressed their interest in 
participating and employing 18 to 20-year-old drivers. Those generally 
in favor of the pilot program included the Colorado Department of 
Revenue, American Association of Motor Vehicle Administrators (AAMVA), 
National Propane Gas Association (NPGA), National Limousine 
Association, American Trucking Associations (ATA), Truckload Carriers 
Association (TCA), Serenity Trucking LLC, and Agricultural Retailers 
Association.
    Organizations and individual commenters including the Commercial 
Vehicle Training Association (CVTA), the Insurance Institute for 
Highway Safety (IIHS), and the Owner-Operator Independent Drivers 
Association (OOIDA) did not expressly support or oppose the pilot 
program but asked for clarifications and offered recommendations to 
ensure safety.
    Commenters generally opposing the pilot program made several 
arguments. The most frequent assertions were that drivers 18 to 20 
years old are more likely to crash. This was based on the previous 
efforts to lower the CMV driving age. There was also skepticism that 
drivers with military experience will yield useful data to determine if 
all 18-20-year-old drivers can safely operate CMVs. Those opposed to 
the pilot program included individuals plus representatives of the 
National Safety Council, Truck Safety Coalition (TSC), Advocates for 
Highway and Auto Safety (AHAS), Parents Against Tired Truckers, and 
Citizens for Reliable and Safe Highways. The safety groups provided 
data on 18 to 20-year-old drivers to document the safety history of 
this age group. Although AHAS opposed the pilot program in general, it 
did offer recommendations on the design of the program. Some private 
citizens expressed their complete disapproval of the pilot program, 
arguing that it would be a ``huge mistake'' and ``very dangerous'' to 
allow covered drivers to operate in interstate commerce and that by 
doing so it would ``create a higher danger for those on the road.''
    George Kern provided statistics from the Center for Disease Control 
highlighting a variety of situations where teens are more likely to 
crash. Russ Swift opposes the pilot program saying the data 
demonstrates that younger drivers are more likely to crash than drivers 
who are older than 21 years of age. Deborah Hersman of the National 
Safety Council refers to National Highway Traffic Safety Administration 
2014 data that indicated 4,272 people were killed in crashes involving 
young drivers in 2014. Additionally, Ms. Hersman referred to a study 
conducted by the University of Michigan Transportation Research 
Institute that found from 1980[hyphen]1984 fatal crash, 
mileage[hyphen]based involvement rates for drivers of large trucks 
increase with decreasing driver age.
    FMCSA's Response: Safety is FMCSA's number one priority. Before a 
motor carrier or driver is approved to participate in the pilot 
program, FMCSA will ensure that strict qualification safety standards 
are met. If at any time

[[Page 31635]]

during the pilot program, a motor carrier or driver is not complying 
with the standards, FMCSA may remove the motor carrier and/or driver 
from the pilot program. The qualification and disqualification 
standards for the motor carrier and the driver are outlined below.

Pilot Program Design

    AAMVA, CVTA, IIHS, and the National Limousine Association offered 
recommendations to improve safety and asked for clarification on the 
direction of the pilot program. AAMVA asked how the participants in the 
pilot program will be differentiated from other commercial learner's 
permit or CDL holders.
    Some commenters, including Werner Enterprises, recommended 
requiring electronic logging devices and other electronic monitoring 
equipment. Deborah Lipsitz, Matthew Kelpe, the National Safety Council, 
AAMVA, NPGA, IIHS, TSC, OOIDA, AHAS, ATA, and Werner Enterprises 
provided recommendations for the collection and analysis of data.
    The Colorado Department of Revenue, IIHS, OOIDA, ATA, and TCA 
recommended increasing the number of covered drivers.
    Werner Enterprises expressed concern over the Agency's lack of 
appropriate crash accountability factors. Werner Enterprises has 
concerns about how the Agency is defining ``good safety record'' and 
the use of the Safety Measurement System (SMS) and referenced the 
Government Accountability Office report on SMS.
    AHAS noted that previous efforts to lower the age have been 
consistently rejected and provided information on earlier efforts by 
the Federal Highway Administration. Therefore, AHAS noted that the 
pilot program must be designed to collect all available safety data to 
accurately assess performance. AHAS requested that FMCSA require 
onboard monitoring systems for a more accurate picture of driver 
performance--hard braking, jerking of the wheel and alertness.
    Deborah Lipsitz and Joe Book recommended not enrolling drivers in 
the pilot who have been dishonorably discharged from the military.
    The Colorado Department of Revenue recommended lowering the age of 
the control group to 21 to 24-year-old drivers, to make the ages as 
close as possible to the study group.
    FMCSA Response: Approved motor carriers will be exempted from 49 
CFR 391.11(b)(1), which prohibits a person from operating a CMV in 
interstate commerce under the age of 21. The motor carriers will be 
provided with a letter from FMCSA approving their use of the approved 
covered drivers. A list of covered drivers that is updated in real-time 
will be available electronically to law enforcement for confirmation 
during inspections or investigations.
    FMCSA does not agree with increasing the number of covered drivers. 
FMCSA believes the current sample size is large enough to ensure 
statistically valid results. More information on the sample size and 
design may be found in the Federal Notice published elsewhere in this 
issue of the Federal Register proposing the associated Information 
Collection Request (ICR). The ICR notice also explains the Agency's 
research and analysis plans. FMCSA requests that comments on the plan 
be submitted to the docket for that notice.
    FMCSA will continue to use the SMS as a measure of a motor 
carrier's performance against its peers. The Agency's regulations 
require FMCSA to ensure that the pilot program design does not 
jeopardize safety.
    FMCSA is not requiring on board monitoring systems for this study 
because it would be cost-prohibitive for carriers to participate and 
may minimize participation by smaller carriers. For those carriers that 
have on-board monitoring systems, the Agency will be requesting 
information from the technology for the approved motor carriers, but 
the decision of whether or not to provide it will be the carrier's.
    FMCSA concurs with the two commenters who opposed allowing 
applicants with a dishonorable discharge to participate in the pilot 
program. The Agency made this decision because Congress' intent was to 
initiate a pilot program using a subset of drivers (those with military 
experience and training) that had been exposed to and demonstrated safe 
practices and discipline. The Agency believes this was to ensure 
maximum safety for this effort and we believe a driver who received a 
dishonorable discharge has not demonstrated the discipline Congress 
anticipated for study participants.
    The age parameters for the covered drivers were established by the 
FAST Act. Based on comments received and a review of literature 
regarding young drivers, FMCSA is revising the ages of control group to 
21-24, as suggested by the Colorado Department of Revenue, to capture 
data on a group of younger drivers as the point of comparison. In 
addition, the FAST Act requires FMCSA to also study intrastate drivers 
aged 18, 19 and 20, as part of this pilot program.

Training for Covered Drivers

    CVTA, ATA, and TCA recommended that the Agency require certain 
levels of training consistent with the Entry Level Driver Training 
(ELDT) standards. CVTA and Werner Enterprises pointed out that there 
are differences between military and civilian training; specifically, 
the military does not teach drivers about log books and the FMCSRs. 
OOIDA recommended that FMCSA require applicants and participants in the 
pilot program to have experience operating a heavy motor vehicle while 
in military service and verification of the types of vehicles the 
covered drivers were trained on and drove for the military. Both AHAS 
and TSC commented that FMCSA should ensure that behind the wheel 
training is provided, including skills needed to deal with critical 
safety events requiring hard braking or jerking the wheel, and to avoid 
distracted driving. Two private citizens recommended that drivers to be 
required to provide proof of training and experience in the military.
    FMCSA's Response: A covered driver is an individual who is 18, 19 
or 20 years old; a current or former member of the armed forces, 
reserve, or national guard components; and is qualified in one of the 
following seven MOS: 88M--Motor Transport Operator (Army), 92F--Fueler 
(Army), 2T1--Vehicle Operations (Air Force), 2Fo--Fueler (Air Force), 
3E2--Pavement and Construction Equipment (Air Force), E.O.--Equipment 
Operator (Navy), and 3531--Motor Vehicle Operator (Marine Corps). 
Military personnel qualified in these job classifications receive 
extensive training and experience that goes beyond the ELDT 
requirements. FMCSA has carefully reviewed both the knowledge and 
skills training and, along with AAMVA, the testing of graduates of 
these seven MOS. Each of the seven MOS provides more than 160 hours of 
training on all vehicles in the military vehicle fleet. Subsequently, 
each qualified serviceman is licensed on the individual vehicle, and 
retested each time he or she changes commands. In addition, members of 
the military receive recurring training.
    FMCSA recognizes there may be an experience gap, as noted by CVTA 
and TCA. Both mention that military personnel are not taught about the 
requirements of the FMCSRs, specifically records of duty status and 
hours of service. The motor carriers that participate in the pilot 
program will be responsible for training the covered drivers on the 
FMCSRs to ensure that the pilot program drivers are in compliance. In 
addition, 49 CFR

[[Page 31636]]

390.3(e) requires motor carriers to have knowledge of, and comply with, 
all applicable FMCSRs. Also, drivers must demonstrate knowledge of the 
FMCSRs, in order to successfully pass the CDL knowledge and skills 
tests.

Publication of the Study Results

    The IIHS urged FMCSA to conduct the strongest possible study due to 
crash risk. Three commenters requested that FMCSA share the data 
generated by the pilot program.
    FMCSA's Response: FMCSA will fully analyze the results of the pilot 
study and will determine the feasibility, benefits, and safety impacts 
of allowing a covered driver to operate a CMV in interstate commerce. 
The results of this pilot program will be conveyed to Congress and be 
publicly available.

General Comments to the Notice

    Several commenters provided additional recommendations.
    William Young and other commenters recommended the program be 
managed similar to State Graduated Driver License programs which 
include specified times and driving conditions for the covered drivers.
    FMCSA's Response: Limiting how much the covered drivers may operate 
would negatively impact the pilot program in several ways. First, if 
covered drivers operate differently than control group drivers, the 
data will not be comparable and will negatively impact the Agency's 
ability to reach conclusions at the end of the pilot program. Second, 
limiting how approved motor carriers may use the covered drivers may 
reduce interest in the pilot program and jeopardize the Agency's 
ability to execute a statistically valid pilot program.
    In addition, each of the covered drivers will be hired and 
monitored by motor carriers approved by FMCSA in accordance with the 
program guidelines. The motor carriers will monitor each of the covered 
drivers just as they would all their drivers. FMCSA has established an 
internal process to monitor both the carrier and pilot program drivers 
to ensure highway safety is maintained.
    Comments: Deborah Lipsitz, Matthew Kelpe, AAMVA, the Colorado 
Department of Revenue, IIHS, NPGA, the ATA, and TCA expressed concerns 
about various aspects of the study protocol, including the group size, 
technology/collection, geographical distribution of the covered and 
control groups, critical safety factors, and specific requirements for 
data collection parameters.
    FMCSA's Response: Details of the proposed analysis methodologies 
and statistical methods may be found in the 60-day notice of proposed 
information collection published elsewhere in today's Federal Register. 
The parameters described have been peer reviewed and those comments are 
likewise posted in the 60-day notice. Age, maturity levels, and 
experience are crucial factors in a driver's safety performance. Trying 
to compare the performance of an 18-, 19-, or 20-year-old to a 21-, 22-
, 23- or 24-year-old will provide a much more accurate comparison than 
trying to compare an 18-, 19-, or 20-year-old to someone 30 or older. 
Our control group is similar to an insurance age bracket, which tends 
to show an increase in safety after 25 years of age. While the data 
analysis is largely dependent upon the type, amount, and quality of the 
data received, the research team will conduct as thorough of an 
analysis as possible.
    Comments: The Colorado Department of Revenue and OOIDA expressed 
concerns about verification of covered drivers by law enforcement 
during inspections. OOIDA recommended that some sort of decal or cab 
card be provided to drivers in the study.
    FMCSA's Response: FMCSA will maintain a list of approved motor 
carriers and covered drivers in the Query Central system. In addition, 
the covered drivers will be required to carry a copy of a letter from 
FMCSA to the approved motor carrier and present the letter during 
inspections or other encounters with law enforcement.

Pilot Program Requirements and Procedures

Information Collection Requirements

    As indicated above, the 60-day notice for the ICR associated with 
this pilot program is published separately in today's Federal Register. 
The ICR includes the application and consent forms for motor carriers, 
covered drivers, control group drivers, and intrastate drivers 
providing information for the pilot program. The ICR also explains the 
Agency's hypotheses for the pilot program, monthly reporting 
requirements, and ICR burdens.
    The ICR has a 60-day comment period. After review of comments 
received, FMCSA will make any necessary adjustments on the ICR 
documents and will publish a subsequent notice advising that the ICR 
has been submitted to the Office of Management and Budget (OMB).

Announcement of Pilot Program Start

    Upon approval of the ICR by OMB, FMCSA will publish, on the 
Agency's website at www.fmcsa.dot.gov, an announcement that 
applications are being accepted for participation in the pilot program. 
The website will also provide links to the application forms and other 
helpful information for motor carriers and military drivers interested 
in participating in the pilot program.

Motor Carriers

    FMCSA expects to need 70 motor carriers to hire at least 200 
covered drivers and with 200 control group drivers and/or 200 
intrastate drivers, so that the pilot program anticipates the results/
data will allow for conclusions within a confidence level of 0.95 
(i.e., significance level of 0.05) and statistical power of 80 percent. 
More information on the statistical design of the study can be found in 
Federal Docket FMCSA-2017-0196.
    When FMCSA announces approval of the ICR, interested motor carriers 
will be required to complete the application form. To qualify for 
participation, the motor carrier must meet the following standards:
    1. Must have proper operating authority, if required, and 
registration;
    2. Must have the minimum levels of financial responsibility;
    3. Must not be a high or moderate risk motor carrier as defined in 
the Agency's Federal Register notice titled, ``Notification of Changes 
to the Definition of a High Risk Motor Carrier and Associated 
Investigation'' published on March 7, 2016 (81 FR 11875);
    4. Must not have a conditional or unsatisfactory safety rating;
    5. Must not have any open or closed enforcement actions within the 
past 6 years;
    6. Must not have a crash rate above the national average;
    7. Must not have a driver Out-of-Service (OOS) rate above the 
national average; and
    8. Must not have a vehicle OOS rate above the national average.
    In addition, unpaid civil penalties may be grounds to deny 
participation in the pilot program.
    FMCSA will give priority to applications from motor carriers that 
can supply control group drivers in numbers matching the number of 
covered drivers to be employed. However, FMCSA may include motor 
carriers for participation that can only hire covered drivers, control 
group drivers, or intrastate drivers, if needed to collect sufficient 
data for the pilot program.

[[Page 31637]]

    Approval for participation in the pilot program will also be 
dependent on the motor carrier's agreement to comply with all pilot 
program procedures, including the monthly submission of data.
    Approved motor carriers will be provided a letter acknowledging 
FMCSA's approval, the carrier's acceptance into the pilot program, and 
the company's exemption to allow approved covered drivers to operate in 
interstate commerce. Approved motor carriers will be publicly announced 
on the Agency's website to encourage potential covered drivers to apply 
through the identified carriers for participation.
    FMCSA will monitor motor carrier and driver performance throughout 
the pilot program to ensure safety. Motor carriers may be disqualified 
from the pilot program if the:
    1. Carrier does not have proper operating authority, if required, 
and registration;
    2. Carrier does not have the minimum levels of financial 
responsibility;
    3. Carrier is prioritized as a high risk; \1\
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    \1\ Notification of Changes to the Definition of a High Risk 
Motor Carrier and Associated Investigation Procedures (81 FR 11875) 
published March 7, 2016.
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    4. Carrier is prioritized as a moderate risk for 2 consecutive 
months;
    5. Carrier receives a conditional or unsatisfactory safety rating;
    6. Carrier is the subject of an open Federal enforcement action 
pending review (e.g., Imminent Hazard, OOS, Patterns of Safety 
Violations). Enforcement actions resulting in civil penalties will be 
reviewed on a case-by-case basis.
    7. Carrier has a crash rate above the national average for 3 
consecutive months;
    8. Carrier has a driver OOS rate above the national average for 3 
consecutive months;
    9. Carrier has a vehicle OOS rate above the national average for 3 
consecutive months; or
    10. Carrier failed to report monthly data as required.
    FMCSA reserves the right to remove a carrier from the program at 
its discretion if it is determined there is a safety risk.
    As noted in the associated ICR documents, approved carriers will be 
required to submit monthly reports of data. In addition, motor carriers 
will be required to advise FMCSA if a participating driver is involved 
in a crash with injury or fatality; a driver is convicted of a major or 
serious offense in accordance with 49 CFR 383.51; a participating 
pilot, control or intra-state driver leaves the carrier; or if a 
participating driver fails a drug test.
    If a carrier fails to provide the required data on time, this may 
be grounds for removal from the pilot program.

Covered Drivers

    Interested drivers must obtain from their commanding officer, or 
the official designee, certification that the applicant had formal 
training and experience in the operation of heavy motor vehicles while 
in military service in one of the following MOS:
    1. 88M--Motor Transport Operator (Army)
    2. 92F--Fueler (Army)
    3. 2T1--Vehicle Operations (Air Force)
    4. 2Fo--Fueler (Air Force),
    5. 3E2--Pavement and Construction Equipment (Air Force)
    6. E.O.--Equipment Operator (Navy); or
    7. 3531--Motor Vehicle Operator (Marine Corps).
    A motor carrier may not approve a covered driver for participation 
in the pilot program if during the 2-year period immediately preceding 
the date of hire, the covered driver:
    1. Had more than one license (except for a military license);
    2. Had his or her license suspended, revoked, cancelled or 
disqualified for a violation related to 49 CFR 383.51 in the home State 
of record or any State;
    3. Had any conviction for a violation of military, State or local 
law relating to motor vehicle traffic control (other than parking 
violation) arising in connection with any traffic crash and have no 
record of a crash in which he/she was at fault; or
    4. Has been convicted of any violations described below in any type 
of motor vehicle.
    [cir] Has been under the influence of alcohol as prescribed by 
State law;
    [cir] Has been under the influence of a controlled substance;
    [cir] Had an alcohol concentration of 0.04 or greater while 
operating a CMV;
    [cir] Refused to take an alcohol test as required by a State under 
its implied consent laws or regulations as defined in 49 CFR 383.72;
    [cir] Left the scene of a crash;
    [cir] Used the vehicle to commit a felony;
    [cir] Drove a CMV while his or her CDL is revoked, suspended, 
cancelled; or he or she is disqualified from operating a CMV;
    [cir] Caused a fatality through the negligent operation of a CMV 
(including motor vehicle manslaughter, homicide by motor vehicle, or 
negligent homicide);
    [cir] Had more than one conviction for any of the violations 
described below in any type of motor vehicle;
    [cir] Drove recklessly, as defined by State or local law or 
regulation (including offenses of driving a motor vehicle in willful or 
wanton disregard for the safety of persons or property);
    [cir] Drove a CMV without obtaining a CDL;
    [cir] Violated a State or local law or ordinance on motor vehicle 
traffic control prohibiting texting while driving; or
    [cir] Violated a State or local law or ordinance on motor vehicle 
traffic control restricting or prohibiting the use of a hand held 
mobile telephone while driving.
    If the motor carrier agrees to sponsor/hire the driver, the covered 
driver must also agree to the release of specific information to FMCSA 
for purposes of the pilot program, as is noted in the ICR notice 
published in today's Federal Register.
    If at any time while participating in this pilot program, a driver 
is disqualified for a major offense, serious traffic violations, 
railroad-highway grade crossing, or violation of an out-of-service 
order, as outlined in 49 CFR 383.51 of the FMCSRs, he or she will be 
disqualified/removed from the program.
    Approved covered drivers may not transport passengers or hazardous 
materials, or operate double- or triple-trailer combinations or cargo 
tank vehicles while participating in the pilot program, regardless of 
any license endorsements held.
    If a driver reaches age 21 during the pilot program, the driver 
will no longer be considered a covered driver. However, FMCSA expects 
the motor carrier to submit monthly data on the driver for the 
remainder of the pilot program to provide additional data for 
consideration.
    If a covered driver leaves the approved motor carrier during the 
pilot program, he/she is not approved to operate in interstate commerce 
unless re-employed with another approved motor carrier participating in 
the pilot program. If a covered driver leaves the employment of the 
approved motor carrier, FMCSA must be advised within 5 days. A new 
covered driver application must be submitted for any new/additional 
hires by the approved motor carrier so that FMCSA can verify 
eligibility as part of the Agency's oversight of the pilot program.

[[Page 31638]]

Control Group

    Control group drivers must be 21 to 24 years old. These drivers 
will be required to possess a valid CDL; drive for the participating 
motor carrier; have no disqualifications, suspensions, or license 
revocations within past 3 years; or be subject to any OOS order; and 
agree to the release of specified information for use in assessing the 
safety of covered drivers in pilot program.

Intrastate Drivers

    Section 5404 of the FAST Act requires FMCSA to compare the covered 
drivers to other 18-, 19-, and 20-year-old drivers operating CMVs in 
intrastate commerce, and specifically to analyze crash rates. Motor 
carriers with intrastate drivers who are 18, 19 or 20 years old will be 
asked to provide the monthly report data on these drivers too, as a 
condition of participating in this pilot program.

Monitoring and Oversight

    FMCSA will review both monthly data submitted by approved motor 
carriers and its own databases including, but not limited to, the Motor 
Carrier Management Information System, Safety Measurement System, 
Commercial Driver License Information System, and the Licensing and 
Insurance system. FMCSA reserves the right to remove any motor carrier 
or driver from the pilot program for reasons including, but not limited 
to, failing to meet any of the requirements of the program.

Length of Program

    FMCSA expects this program to run 3 years but may conclude the 
program sooner if there is sufficient data to analyze the safety of 
covered drivers.

    Issued on: June 7, 2018.
Raymond P. Martinez,
Administrator.
[FR Doc. 2018-14025 Filed 7-3-18; 4:15 pm]
 BILLING CODE 4910-EX-P
Federal Register / Vol. 83, No. 130 / Friday, July 6, 2018 / Notices 31633

any given time, an estimated 70 carriers until they analyze the need for the DEPARTMENT OF TRANSPORTATION
will participate throughout the 3-year collection of information and how the
study due to carriers leaving the study collected data will be managed. Federal Motor Carrier Safety
and needing to be replaced. Agencies must also analyze whether Administration
FMCSA expects to include an average technology could be used to reduce the
of 600 drivers in the study per year (200 [Docket No. FMCSA–2016–0069]
burden imposed on those providing the
control group, 200 intrastate, and 200 data. The Agency must estimate the Proposed Pilot Program To Allow
covered drivers). Because of relatively time burden required to respond to the Persons Between the Ages of 18 and
high turnover in the motor carrier IC requirements, such as the time 21 With Military Driving Experience To
industry and given that many covered required to complete a particular form. Operate Commercial Motor Vehicles in
drivers will turn 21 through the course The Agency submits its IC analysis and Interstate Commerce
of the pilot program (and therefore no burden estimate to OMB as a formal
longer be considered covered drivers), ICR; the Agency cannot conduct the AGENCY: Federal Motor Carrier Safety
participating motor carriers will need to information collection until OMB Administration (FMCSA), DOT.
work with the project team to add approves the ICR. ACTION: Notice.
additional drivers to the program over
time. An estimated 300 replacement V. Request for Public Comments SUMMARY: On August 22, 2016, FMCSA
drivers (100 control group, 100 FMCSA asks for comment on the IC proposed a pilot program to meet the
intrastate, and 100 covered) will requirements of this pilot. Comments requirements of section 5404 of the
participate during each year of the 3- can be submitted to the docket as Fixing America’s Surface Transportation
year program due to expected turnover. outlined under ADDRESSES at the (FAST) Act. FMCSA proposed a pilot
The information collection can be beginning of this notice. You are asked program to allow a limited number of
summarized by the following: to comment on any aspect of this individuals ages 18, 19, and 20 to
• A motor carrier application operate commercial motor vehicles
information collection, including:
(completed once at the time of (CMVs) in interstate commerce, if they
application) for participation in the 1. Whether there are specific criteria have received specified heavy-vehicle
pilot program will provide the project that should make a driver ineligible to driver training while in military service
team with the carrier’s contact participate in the program. and were hired by a participating motor
information and demographic data. 2. Whether there are specific criteria carrier. This notice provides the details
• Each participating driver will need that should make a carrier ineligible to of the pilot program and responds to
to complete a driver background participate in the program. comments received in response to the
information form and sign an informed 3. Whether the proposed collection is August 22, 2016 notice.
consent form, which the motor carrier necessary for the performance of FOR FURTHER INFORMATION CONTACT: Mr.
will submit on the driver’s behalf. This FMCSA’s functions. Selden Fritschner, Commercial Driver’s
is a one-time task for each driver.
4. Whether additional items should be License Division, Federal Motor Carrier
• On a monthly basis, carriers will
reported to FMCSA within 24 hours Safety Administration, 1200 New Jersey
submit data on driver activity (e.g., duty
other than a driver being involved in a Avenue SE, Washington, DC 20590–
hours, driving hours, off-duty time,
crash with injury or fatality, a driver 0001, by email at Selden.Fritschner@
restart breaks), safety outcomes (e.g.,
receiving an alcohol-related citation, a dot.gov, or by telephone at (202) 366–
crashes, violations, and safety-critical
driver choosing to leave the study, a 0677. If you have questions on viewing
events) and any additional supporting
driver leaving a carrier, or a driver or submitting material to the docket,
information (e.g., OBMS logs,
failing a random or post-crash drug/ contact Docket Services, telephone (202)
investigative reports from previous
alcohol test. 366–9826.
crashes).
• Carriers will be required to notify 5. The accuracy of the estimated SUPPLEMENTARY INFORMATION:
FMCSA within 24 hours of: any injury burdens. Definitions
or fatality crashes involving a 6. Ways for FMCSA to enhance the
participating driver, a participating For the purposes of this pilot
quality, usefulness, and clarity of the program, FMCSA is using the following
driver receiving an alcohol-related collected information.
citation (e.g., driving under the definitions:
influence, driving while intoxicate), a 7. Ways that the burden could be Approved motor carrier—A motor
participating driver choosing to leave minimized without reducing the quality carrier approved by the Agency to use
the pilot program, a participating driver of the collected information. covered drivers to operate CMVs in
leaving the carrier, or a participating 8. Whether the data collection efforts interstate commerce that agrees to
driver failing a random or post-crash proposed for carriers and drivers are provide data on covered drivers, control
drug/alcohol test. burdensome enough to discourage their drivers and/or intrastate drivers.
This pilot limits the definition of participation. Control Driver—A 21 to 24-year-old
CMVs to large trucks and does not driver employed by a motor carrier with
9. Whether a comparison of the
include passenger-carrying vehicles, a valid commercial driver’s license
control group, intrastate driver group,
such as buses. In addition, the (CDL) who operates CMVs in interstate
and covered driver group is likely to
definition of CMVs is limited to trucks commerce.
produce valid conclusions.
not in special configurations or involved Covered Driver—An 18-, 19-, or 20-
daltland on DSKBBV9HB2PROD with NOTICES

in the transport of hazardous materials. Issued under the authority of 49 CFR 1.87 year-old driver with military training, in
on: June 15, 2018. one of the seven Military Occupational
IV. Paperwork Reduction Act Kelly Regal, Specialties (MOS), as defined below,
The Paperwork Reduction Act of 1995 Associate Administrator, Office of Research employed by an approved motor carrier,
(the PRA) (44 U.S.C. 3501–3520) and Information Technology. who may operate in interstate commerce
prohibits agencies from conducting [FR Doc. 2018–14028 Filed 7–3–18; 4:15 pm] based on the provisions of this pilot
information collection (IC) activities BILLING CODE 4910–EX–P program.

VerDate Sep<11>2014 18:25 Jul 05, 2018 Jkt 244001 PO 00000 Frm 00108 Fmt 4703 Sfmt 4703 E:\FR\FM\06JYN1.SGM 06JYN1
Document Created: 2018-07-06 00:46:41
Document Modified: 2018-07-06 00:46:41
Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Notices
Action		Notice.
Contact		Mr. Selden Fritschner, Commercial Driver's License Division, Federal Motor Carrier Safety Administration, 1200 New Jersey Avenue SE, Washington, DC 20590-0001, by email at [email protected], or by telephone at (202) 366-0677. If you have questions on viewing or submitting material to the docket, contact Docket Services, telephone (202) 366-9826.
FR Citation		83 FR 31633
83 FR 31633 - Proposed Pilot Program To Allow Persons Between the Ages of 18 and 21 With Military Driving Experience To Operate Commercial Motor Vehicles in Interstate Commerce

DEPARTMENT OF TRANSPORTATIONFederal Motor Carrier Safety Administration

Federal Register Volume 83, Issue 130 (July 6, 2018)

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
