83 FR 60950 - 30-Day Notice of Proposed Information Collection: Pilot Program To Allow 18- to 21-Year-Old Persons With Military Driving Experience To Operate Commercial Motor Vehicles (CMVs) in Interstate Commerce
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration Federal Register Volume 83, Issue 228 (November 27, 2018)
Federal Motor Carrier Safety Administration
Federal Register Volume 83, Issue 228 (November 27, 2018)
| Page Range | 60950-60953 | |
| FR Document | 2018-25846 |
[Federal Register Volume 83, Number 228 (Tuesday, November 27, 2018)] [Notices] [Pages 60950-60953] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-25846] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA-2017-0196] 30-Day Notice of Proposed Information Collection: Pilot Program To Allow 18- to 21-Year-Old Persons With Military Driving Experience To Operate Commercial Motor Vehicles (CMVs) in Interstate Commerce AGENCY: Federal Motor Carrier Safety Administration (FMCSA), Department of Transportation (DOT). ACTION: Notice and request for comments. ----------------------------------------------------------------------- SUMMARY: In accordance with the Paperwork Reduction Act of 1995, FMCSA announces its plan to submit the Information Collection Request (ICR) described below to the Office of Management and Budget (OMB) for review and approval. Pursuant to Section 5404 of the Fixing America's Surface Transportation Act, 2015 (FAST Act), FMCSA proposes a 3-year period of information collection to determine: (1) Whether the safety outcomes (to include crashes, moving violations, inspection violations, and safety critical events as available) of drivers under the age of 21 with military experience in the operation of heavy vehicles (i.e., ``covered drivers'') participating in interstate commerce are similar to the safety outcomes of CMV drivers between the ages of 21 and 24 (i.e., drivers aged 21, 22, 23, or 24) operating freight-carrying CMVs, and (2) how training and experience impact the safety of the 18- to 20- year-old driving population. FMCSA proposed this pilot program and solicited public comment on August 22, 2016. Two Federal Register notices were published on July 6, 2018. One notice requested comments on this proposed information collection request (83 FR 31631) and the other announced programmatic details for participating in the pilot program and responded to comments received on the initial proposal for the pilot program (83 FR 31633). The comment period was open for 60- days and closed on September 4, 2018. In response to the notice, FMCSA received 37 comments. DATES: Please send your comments by December 28, 2018. OMB must receive your comments by this date in order to act quickly on the ICR. ADDRESSES: All comments should reference Federal Docket Management System (FDMS) Docket Number FMCSA-2017-0196. Interested persons are invited to submit written comments on the proposed information collection to the Office of Information and Regulatory Affairs, Office of Management and Budget. Comments should be addressed to the attention of the Desk Officer, Department of Transportation/Federal Motor Carrier Safety Administration, and sent via electronic mail to [email protected], or faxed to (202) 395-6974, or mailed to the Office of Information and Regulatory Affairs, Office of Management and Budget, Docket Library, Room 10102, 725 17th Street NW, Washington, DC 20503. FOR FURTHER INFORMATION CONTACT: Nicole Michel, Research Division, Federal Motor Carrier Safety Administration, 1200 New Jersey [[Page 60951]] Avenue SE, Washington, DC 20590-0001, by email at [email protected], or by telephone at (202) 366-4354. If you have questions on viewing or submitting material to the docket, contact Docket Services, telephone (202) 366-9826. SUPPLEMENTARY INFORMATION: Title: Proposed Information Collection for a Pilot Program to Allow 18- to 21-Year-Old Persons with Military Driving Experience to Operate CMVs in Interstate Commerce. OMB Control Number: 2126-NEW. Type of Request: New information collection. Respondents: Motor carriers; 21- to 24-year-old entry-level CMV drivers with valid commercial drivers' licenses (CDLs) operating in freight-carrying interstate commerce (control group drivers); 18- to 20-year-old freight-carrying CMV drivers with a valid CDL operating in intrastate commerce (intrastate group drivers); 18- to 20-year-old current or former military personnel with training in heavy-duty vehicle operations (covered drivers) and valid CDLs with a K- restriction. Estimated Number of Respondents: 1,570. [Motor carriers: 70 in total; 50 at any given time. Control group drivers: 500 in total (Year 1 = 300; Year 2 = 100; Year 3 = 100; Annualized = 166.7). Intrastate group drivers: 500 in total (Year 1 = 300; Year 2 = 100; Year 3 = 100; Annualized = 166.7). Covered group drivers: 500 in total (Year 1 = 300; Year 2 = 100; Year 3 = 100; Annualized = 166.7). Estimated Time per Response: Motor Carriers: application--20 minutes (one-time response); monthly data submission--45 minutes (per participating driver); miscellaneous additional data submissions--60 minutes per month (e.g. notification of a crash with injury or fatality, notification of a driver leaving the carrier or study); monthly supporting information--15 minutes (per sponsored participating driver, monthly; e.g., optional on-board monitoring system [OBMS] logs, investigation findings for crashes). Drivers: background information and informed consent forms--20 minutes (one-time response). Expiration Date: N/A. This is a new information collection request (ICR). Frequency of Response: This is a one-time pilot program that will span a 3-year period of data collection. Throughout the 3-year pilot program, the response frequencies are: Motor-carrier applications: one- time response. Driver demographic and release forms: one-time response. Motor carrier driver data submission: monthly (see ``Estimated Time per Response'' for more details). Estimated Total Annual Burden: 7,974.5 hours annualized. [This includes 7.8 hours annualized for motor carrier applications; 166.67 hours annualized for driver information and informed consent forms; 5,400 hours annualized for monthly driver activity and safety data; 600 hours annualized for miscellaneous tasks; and 1,800 hours annualized for additional supporting data.] Background I. Project Summary Purpose Pursuant to Section 5404 of the FAST Act, the proposed ICR will support research to determine whether the safety outcomes of covered drivers participating in interstate commerce are similar to the safety outcomes of older entry-level drivers, and how training and experience impact the safety of the 18- to 20-year-old driving population. FAST Act Mandate Section 5404 of the FAST Act (Pub. L. 114-94, 129 Stat. 1312, 1549, Dec. 4, 2015) (49 U.S.C. 31315 note) requires the establishment of a data collection program to collect and analyze data regarding crashes involving covered drivers participating in the pilot program, and drivers under the age of 21 operating CMVs in intrastate commerce. A ``covered driver'' is defined as a current or former member of the armed forces or reserve components between the ages of 18 and 21 (i.e., a driver aged 18, 19, or 20), who is qualified in a Military Occupational Specialty (MOS) to operate a CMV or similar vehicle. A report detailing the findings will be submitted to Congress no later than one year after completing data collection. A working group was also established under section 5404 to review this data collection and provide advice to FMCSA. Regulatory Relief Drivers of CMVs engaged in interstate commerce must be at least 21 years of age (49 CFR 391.11(b)(1)). This includes CMVs for which CDLs are required and certain other CMVs for which a CDL is not required. In the May 9, 2011, final rule on ``Commercial Driver's License Testing and Commercial Learner's Permit Standards,'' (76 FR 26854), the Agency set a minimum age of 18 for an individual to obtain a CLP. A CDL holder under the age of 21 must have a ``K'' restriction on their CDL, which limits the driver to operating in intrastate commerce. Therefore, the proposed pilot program requires that participating drivers be provided relief from sections of 49 CFR parts 383 and 391 concerning minimum age requirements so that the covered drivers may operate in interstate commerce. II. Data Collection Plan Details of the data collection plan for this pilot program are subject to change based on comments in the docket and further review by FMCSA. The data collection plan calls for 50 motor carriers to be active in the pilot program at a time who will each identify and employ at least one covered group driver in addition to intrastate drivers and/or control group drivers. Carriers will report safety data to FMCSA. Note that while only 50 carriers are expected to participate at any given time, an estimated 70 carriers will participate throughout the 3-year study due to carrier turnover. FMCSA anticipates an average of 600 drivers participating in the study per year (200 control group, 200 intrastate, and 200 covered drivers). An estimated 300 replacement drivers (100 control group, 100 intrastate, and 100 covered) will participate during each year of the 3-year program due to expected driver turnover. The information collection can be summarized by the following:A motor carrier application (completed once at the time of application) for participation in the pilot program will provide the project team with the carrier's contact information and demographic data. Each participating driver will need to complete a driver background information form and sign an informed consent form, which the motor carrier will submit on the driver's behalf. This is a one-time task for each driver. On a monthly basis, carriers will submit data on driver activity (e.g., duty hours, driving hours, off-duty time, restart breaks), safety outcomes (e.g., crashes, violations, and safety- critical events) and any additional supporting information (e.g., OBMS logs, investigative reports from previous crashes). Carriers will be required to notify FMCSA within 24 hours of: Any injury or fatality crashes involving a participating driver, a participating driver receiving an alcohol-related citation (e.g., driving under the influence, driving while intoxicated), a participating driver choosing to leave the pilot program, a participating driver leaving the carrier, or a participating driver failing a random or post-crash drug/alcohol test. This pilot limits the definition of CMVs to large trucks and does not include passenger-carrying vehicles, such as buses. The pilot also excludes trucks in special configurations or involved in the transport of hazardous materials. [[Page 60952]] III. Paperwork Reduction Act The Paperwork Reduction Act of 1995 (the PRA) (44 U.S.C. 3501-3520) prohibits agencies from conducting information collection (IC) activities until they analyze the need for the collection of information and how the collected data will be managed. Agencies must also analyze whether technology could be used to reduce the burden imposed on those providing the data. The Agency must estimate the time burden required to respond to the IC requirements, such as the time required to complete a particular form. The Agency submits its IC analysis and burden estimate to OMB as a formal ICR; the Agency cannot conduct the information collection until OMB approves the ICR. IV. Summary of Public Comments Received A Federal Register notice (83 FR 31631) was published on July 6, 2018, which requested comments on this proposed information collection request. The comment period was open for 60-days and closed on September 4, 2018. The notice received 37 comments, which are summarized here. Of the comments received, 17 were in support for the pilot program with an additional 3 comments in support of the pilot program given certain criteria were met. There were 14 commenters who opposed the pilot program, and 3 additional comments were neutral in their stance toward the pilot program. Commenters Supportive or Conditionally Supportive of the Pilot Program: There were 17 commenters who acknowledge their support of the pilot program, and an additional three commenters who acknowledged support of the pilot program given certain circumstances. Several of these comments felt this would be a good opportunity for young military personnel to form a career based on their military training. Several comments offered suggestions or considerations, which are detailed below. 1. Consider the size and weight of the vehicle for which the military candidates are licensed to drive to avoid accepting candidates who were trained on or have experience with light military vehicles only. In other words, specify a type of vehicle requirement for military participants to be trained in and have experience on. FMCSA Response: A review of the vehicles used in each MOS was conducted and it is expected that the military driver will receive a CDL for a class of vehicles that is comparable with the knowledge and experience. The identified MOSs include 88M or 92F for the U.S. Army, E.O. for the U.S. Navy, 3531 for the U.S. Marine Corps, and 2T1, 2F0, or 3E2 for the U.S. Airforce. 2. Consider having drivers pass an approved driver training program before participating in the pilot program. FMCSA Response: A comparison of the MOS training requirements against the Entry Level Driver Training curriculum requirements was completed and determined that military training programs often exceed the number of classroom and behind-the-wheel training hours that many/ most entry level drivers receive. The drivers in the covered group will need to have passed their military training in order to participate in the study. 3. Consider excluding drivers from the control sample for the same reason(s) military personnel would be disqualified from participating (e.g., disqualifications, suspensions, or revocations in the past three years) and extend the requirement that covered drivers may not transport passengers or hazardous materials, or operate doubles or triples to the control group drivers as well. FMCSA Response: FMCSA does not feel control group drivers or current intrastate drivers should have disqualification standards other than the current FMCSA disqualification regulations found in CFR 49 383.51, as they are otherwise eligible to drive currently. These drivers will not be receiving any exemptions from the current rules and regulations, so as long as they remain in compliance with FMCSA regulations they are eligible to operate a CMV and therefore should be eligible to participate in the pilot program. No drivers participating in the study will be allowed to transport passengers, hazardous cargo, or to operate a vehicle in special configurations, as specified in the FAST Act. 4. Clarify what is meant by ``or be subject to any OOS order'' regarding control driver requirements. FMCSA Response: FMCSA will remove control drivers from the pilot program if they are subject to any out of service orders issued by the Agency. 5. Specify that control drivers may not be former covered drivers who have aged out of the covered driver group. FMCSA Response: This is the intended study design, although continuing data on these drivers will be collected as possible to determine trends with individual drivers. 6. Consider balancing the number of covered and control drivers from each carrier to minimize the effects of carrier differences in analysis. FMCSA Response: This was considered in the original study design; however, it was determined that this could be overly burdensome on small carriers and may deter them from participating; therefore, this is not a requirement for participation in the study. 7. Consider increasing the size of the study groups and not setting a maximum number on carriers who can participate. FMCSA Response: The size of the groups has been estimated as a minimum required sample size to determine statistically valid results. FMCSA does not have a limit to the number of drivers or carriers that may participate. 8. Consider widening the age range of the control study group to increase small carrier participation. FMCSA Response: The control study group age was originally proposed to be from 21 to 26 years old in the Federal Register Notice titled ``Commercial Driver's Licenses; 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,'' published on August 22, 2016 (81 FRN 56745). Based on comments received on this Federal Register Notice, FMCSA modified the control group age range to a smaller, younger control group that would be a better comparison to other new, young drivers. 9. Ensure data is evaluated by an independent third party before being analyzed by the working group. FMCSA Response: The data and analysis performed for this study will be evaluated by at least three independent peer reviewers who have appropriate credentials prior to the working group reviewing the findings. 10. Exercise caution when using CSA scores to determine motor carrier eligibility. FMCSA Response: FMCSA will use SMS percentiles in a fair manner to determine carrier eligibility; however, FMCSA has determined that evaluating SMS percentiles prior to carrier acceptance is necessary to ensure safety to both pilot program participants and the general motoring public. 11. Consider collecting additional data, to include: Types of advanced vehicle safety technologies in use, types of vehicles being used by participating drivers, type of freight hauled, type of operating environment, as well as specific details about the type and duration of training the driver has [[Page 60953]] received, to include both pre-CDL and post-CDL training. FMCSA Response: FMCSA agrees that this information should be requested, and has updated data collection forms to reflect these items. However, FMCSA will not preclude a carrier from participation for not providing these details if other requirements are met. 13. Consider a formal review process for motor carriers who temporarily fall out of compliance with the pilot program requirements and want to re-enter the program. FMCSA Response: Carriers who fall out of compliance with the pilot program requirements will be dealt with on an individual basis depending on several factors, including evaluating the severity of their lapse of compliance. 14. Allow for carriers to report driver infractions (e.g., failure of a drug test, crashes, violations, etc.) in one business day as opposed to one 24-hour period. FMCSA Response: FMCSA does not agree that one business day is the correct time frame for reporting these infractions; however, FMCSA has clarified that they should be reported within one day of the carrier being informed of any of these infractions. Commenters Opposed to the Pilot Program: Of the 14 commenters who were against the pilot program, 13 comments were submitted by individuals, while one comment was submitted by the Advocates for Highway and Auto Safety (Advocates). Several commenters mentioned general knowledge that younger drivers tend to be less safe than older drivers. One commenter mentioned concern over the potential for younger drivers to be treated harshly by the industry, and several mentioned a lack of experience that would be concerning. Advocates additionally recommended requiring both the use of an Electronic Logging Device (ELD) and the use of an On-Board Monitoring System (OBMS). FMCSA Response: For those commenters who expressed concern due to immaturity and lack of experience of younger drivers, FMCSA reiterates that the pilot program will have stringent participation criteria which includes military training that exceeds most entry-level driver training programs as well as military experience operating a heavy vehicle that is comparable to a CMV. Participants must be trained in a specific MOS which have been selected as those most closely mirroring experience with CMVs. Drivers will be required to comply with current regulations regarding ELDs, and while most CMVs are equipped with OBMS systems, FMCSA's position is that requiring use of an OBMS would limit the ability of smaller carriers to apply for the program. In an effort to not bias the sample, OBMS data will be collected from participating drivers if the vehicle they operate is already equipped with that system; however, it is not a requirement for participation. Comments Neutral towards the Pilot Program: There were three commenters who did not voice whether they supported or opposed the pilot program. These comments included one voicing concern over the industry turning away these young drivers due to the difficult nature of the industry and its lifestyle (e.g., long periods away from home), a commenter raising the need for a lot of hands on training for anyone entering the industry, and one commenter who had questions and commentary regarding expanding the pilot program, current regulations, and the practices their carrier follows. This commenter also felt the current study design was too onerous for small carriers and geared more towards large carriers. FMCSA Response: These comments were not actionable with regard to this pilot program. The FAST Act specifies who should be included in the pilot program, and the military training offers extensive classroom and behind-the-wheel training prior to being certified in one of the relevant MOSs. Regarding the burden on small carriers, FMCSA has designed a study that is open to having all carriers (small, medium, and large) apply to the program, while still being able to meet the safety needs of this pilot program and collect enough data to conduct a statistically meaningful analysis. FMCSA has made several efforts to assist with reducing the burden on small carriers, such as not making OBMS data a requirement, and not requiring carriers to provide a driver for each group on a one-for-one basis. Issued under the authority delegated in 49 CFR 1.87 on: November 20, 2018. G. Kelly Regal, Associate Administrator for Office of Research and Information Technology. [FR Doc. 2018-25846 Filed 11-26-18; 8:45 am] BILLING CODE 4910-EX-P
![60950 Federal Register / Vol. 83, No. 228 / Tuesday, November 27, 2018 / Notices
if not entirely, superseded by this a. Name of Exemption: ‘‘SC&RA SUMMARY: In accordance with the
exemption. The 2015 exemption cranes’’, Paperwork Reduction Act of 1995,
(extended to 2020) remains in place, but b. Name of operating motor carrier FMCSA announces its plan to submit
will expire by its own terms in 2020, and USDOT number, the Information Collection Request (ICR)
while this renewed exemption will c. Date of the accident, described below to the Office of
remain in effect until November 1, 2023. d. City or town, and State, in which Management and Budget (OMB) for
the accident occurred, or closest to the review and approval. Pursuant to
Terms of the Exemption accident scene, Section 5404 of the Fixing America’s
1. All motor carriers and drivers e. Driver’s name and license number Surface Transportation Act, 2015 (FAST
operating mobile cranes with a rated and State of issuance, Act), FMCSA proposes a 3-year period
lifting capacity of greater than 30 tons f. Vehicle number and State license of information collection to determine:
are exempt from the 30-minute break plate number, (1) Whether the safety outcomes (to
requirement of 49 CFR 395.3(a)(3)(ii). g. Number of individuals suffering include crashes, moving violations,
The lifting capacity of the crane must be physical injury, inspection violations, and safety critical
h. Number of fatalities,
displayed on a manufacturer’s i. The police-reported cause of the events as available) of drivers under the
certification plate on the crane or in accident, age of 21 with military experience in the
manufacturer’s documentation carried j. Whether the driver was cited for operation of heavy vehicles (i.e.,
on the vehicle. violation of any traffic laws or motor ‘‘covered drivers’’) participating in
2. Drivers must have a copy of this carrier safety regulations, and interstate commerce are similar to the
exemption document in their possession k. The driver’s total driving time and safety outcomes of CMV drivers
while operating under the terms of the total on-duty time prior to the accident. between the ages of 21 and 24 (i.e.,
exemption. The exemption document Reports filed under this provision drivers aged 21, 22, 23, or 24) operating
must be presented to law enforcement shall be emailed to MCPSD@DOT.GOV. freight-carrying CMVs, and (2) how
officials upon request. training and experience impact the
3. Motor carriers operating under this Termination safety of the 18- to 20-year-old driving
exemption must have a ‘‘Satisfactory’’ FMCSA does not believe the drivers population. FMCSA proposed this pilot
safety rating with FMCSA, or be covered by this exemption will program and solicited public comment
‘‘Unrated.’’ Motor carriers with experience any deterioration of their on August 22, 2016. Two Federal
‘‘Conditional’’ or ‘‘Unsatisfactory’’ safety record. Register notices were published on July
FMCSA safety ratings are prohibited Interested parties or organizations 6, 2018. One notice requested comments
from using this exemption. possessing information that would on this proposed information collection
otherwise show that any or all of these request (83 FR 31631) and the other
Period of the Exemption motor carriers are not achieving the announced programmatic details for
This exemption from the requisite statutory level of safety should participating in the pilot program and
requirements of 49 CFR 395.3(a)(3)(ii) is immediately notify FMCSA. The responded to comments received on the
effective November 1, 2018 through Agency will evaluate any information initial proposal for the pilot program (83
November 1, 2023, 11:59 p.m. local submitted and, if safety is being FR 31633). The comment period was
time. compromised or if the continuation of open for 60-days and closed on
the exemption is inconsistent with 49 September 4, 2018. In response to the
Extent of the Exemption
U.S.C. 31315(b)(4) and 31136(e), notice, FMCSA received 37 comments.
This exemption is limited to the FMCSA will immediately take steps to DATES: Please send your comments by
provisions of 49 CFR 395.3(a)(3)(ii). revoke the exemption of the company or December 28, 2018. OMB must receive
These motor carriers and drivers must companies and drivers in question. your comments by this date in order to
comply with all other applicable Issued on: November 14, 2018. act quickly on the ICR.
provisions of the FMCSRs.
Raymond P. Martinez, ADDRESSES: All comments should
Preemption Administrator. reference Federal Docket Management
In accordance with 49 U.S.C. [FR Doc. 2018–25820 Filed 11–26–18; 8:45 am] System (FDMS) Docket Number
31315(d), as implemented by 49 CFR BILLING CODE 4910–EX–P FMCSA–2017–0196. Interested persons
381.600, during the period this are invited to submit written comments
exemption is in effect, no State shall on the proposed information collection
enforce any law or regulation applicable DEPARTMENT OF TRANSPORTATION to the Office of Information and
to interstate commerce that conflicts Regulatory Affairs, Office of
Federal Motor Carrier Safety Management and Budget. Comments
with or is inconsistent with this
Administration should be addressed to the attention of
exemption with respect to a firm or
person operating under the exemption. [Docket No. FMCSA–2017–0196] the Desk Officer, Department of
States may, but are not required to, Transportation/Federal Motor Carrier
adopt the same exemption with respect 30-Day Notice of Proposed Information Safety Administration, and sent via
to operations in intrastate commerce. Collection: Pilot Program To Allow 18- electronic mail to oira_submission@
to 21-Year-Old Persons With Military omb.eop.gov, or faxed to (202) 395–
Notification to FMCSA Driving Experience To Operate 6974, or mailed to the Office of
Any motor carrier utilizing this Commercial Motor Vehicles (CMVs) in Information and Regulatory Affairs,
amozie on DSK3GDR082PROD with NOTICES1
exemption must notify FMCSA within 5 Interstate Commerce Office of Management and Budget,
business days of any accident (as Docket Library, Room 10102, 725 17th
AGENCY: Federal Motor Carrier Safety
defined in 49 CFR 390.5), involving any Street NW, Washington, DC 20503.
Administration (FMCSA), Department
of the motor carrier’s CMV drivers of Transportation (DOT). FOR FURTHER INFORMATION CONTACT:
operating under the terms of this Nicole Michel, Research Division,
ACTION: Notice and request for
exemption. The notification must Federal Motor Carrier Safety
comments.
include the following information: Administration, 1200 New Jersey
VerDate Sep<11>2014 17:45 Nov 26, 2018 Jkt 247001 PO 00000 Frm 00130 Fmt 4703 Sfmt 4703 E:\FR\FM\27NON1.SGM 27NON1](https://thefederalregister.org/doc/83_FR_61178/page/1.svg)
![Federal Register / Vol. 83, No. 228 / Tuesday, November 27, 2018 / Notices 60951
Avenue SE, Washington, DC 20590– ‘‘Estimated Time per Response’’ for intrastate commerce. Therefore, the
0001, by email at nicole.michel@ more details). proposed pilot program requires that
dot.gov, or by telephone at (202) 366– Estimated Total Annual Burden: participating drivers be provided relief
4354. If you have questions on viewing 7,974.5 hours annualized. [This from sections of 49 CFR parts 383 and
or submitting material to the docket, includes 7.8 hours annualized for motor 391 concerning minimum age
contact Docket Services, telephone (202) carrier applications; 166.67 hours requirements so that the covered drivers
366–9826. annualized for driver information and may operate in interstate commerce.
SUPPLEMENTARY INFORMATION: informed consent forms; 5,400 hours
annualized for monthly driver activity II. Data Collection Plan
Title: Proposed Information Collection
for a Pilot Program to Allow 18- to 21- and safety data; 600 hours annualized Details of the data collection plan for
Year-Old Persons with Military Driving for miscellaneous tasks; and 1,800 hours this pilot program are subject to change
Experience to Operate CMVs in annualized for additional supporting based on comments in the docket and
Interstate Commerce. data.] further review by FMCSA.
The data collection plan calls for 50
OMB Control Number: 2126–NEW. Background motor carriers to be active in the pilot
Type of Request: New information
I. Project Summary program at a time who will each
collection.
identify and employ at least one covered
Respondents: Motor carriers; 21- to Purpose group driver in addition to intrastate
24-year-old entry-level CMV drivers Pursuant to Section 5404 of the FAST drivers and/or control group drivers.
with valid commercial drivers’ licenses Act, the proposed ICR will support Carriers will report safety data to
(CDLs) operating in freight-carrying research to determine whether the safety FMCSA. Note that while only 50
interstate commerce (control group outcomes of covered drivers carriers are expected to participate at
drivers); 18- to 20-year-old freight- participating in interstate commerce are any given time, an estimated 70 carriers
carrying CMV drivers with a valid CDL similar to the safety outcomes of older will participate throughout the 3-year
operating in intrastate commerce entry-level drivers, and how training study due to carrier turnover.
(intrastate group drivers); 18- to 20-year- and experience impact the safety of the FMCSA anticipates an average of 600
old current or former military personnel 18- to 20-year-old driving population. drivers participating in the study per
with training in heavy-duty vehicle year (200 control group, 200 intrastate,
operations (covered drivers) and valid FAST Act Mandate
and 200 covered drivers). An estimated
CDLs with a K-restriction. Section 5404 of the FAST Act (Pub. L. 300 replacement drivers (100 control
Estimated Number of Respondents: 114–94, 129 Stat. 1312, 1549, Dec. 4, group, 100 intrastate, and 100 covered)
1,570. [Motor carriers: 70 in total; 50 at 2015) (49 U.S.C. 31315 note) requires will participate during each year of the
any given time. Control group drivers: the establishment of a data collection 3-year program due to expected driver
500 in total (Year 1 = 300; Year 2 = 100; program to collect and analyze data turnover.
Year 3 = 100; Annualized = 166.7). regarding crashes involving covered The information collection can be
Intrastate group drivers: 500 in total drivers participating in the pilot summarized by the following:
(Year 1 = 300; Year 2 = 100; Year 3 = program, and drivers under the age of 21
100; Annualized = 166.7). Covered • A motor carrier application (completed
operating CMVs in intrastate commerce. once at the time of application) for
group drivers: 500 in total (Year 1 = 300; A ‘‘covered driver’’ is defined as a participation in the pilot program will
Year 2 = 100; Year 3 = 100; Annualized current or former member of the armed provide the project team with the carrier’s
= 166.7). forces or reserve components between contact information and demographic data.
Estimated Time per Response: Motor the ages of 18 and 21 (i.e., a driver aged • Each participating driver will need to
Carriers: application—20 minutes (one- 18, 19, or 20), who is qualified in a complete a driver background information
time response); monthly data Military Occupational Specialty (MOS) form and sign an informed consent form,
submission—45 minutes (per which the motor carrier will submit on the
to operate a CMV or similar vehicle. A driver’s behalf. This is a one-time task for
participating driver); miscellaneous report detailing the findings will be each driver.
additional data submissions—60 submitted to Congress no later than one • On a monthly basis, carriers will submit
minutes per month (e.g. notification of year after completing data collection. A data on driver activity (e.g., duty hours,
a crash with injury or fatality, working group was also established driving hours, off-duty time, restart breaks),
notification of a driver leaving the under section 5404 to review this data safety outcomes (e.g., crashes, violations, and
carrier or study); monthly supporting collection and provide advice to safety-critical events) and any additional
information—15 minutes (per sponsored FMCSA. supporting information (e.g., OBMS logs,
participating driver, monthly; e.g., investigative reports from previous crashes).
optional on-board monitoring system Regulatory Relief • Carriers will be required to notify
FMCSA within 24 hours of: Any injury or
[OBMS] logs, investigation findings for Drivers of CMVs engaged in interstate fatality crashes involving a participating
crashes). Drivers: background commerce must be at least 21 years of driver, a participating driver receiving an
information and informed consent age (49 CFR 391.11(b)(1)). This includes alcohol-related citation (e.g., driving under
forms—20 minutes (one-time response). CMVs for which CDLs are required and the influence, driving while intoxicated), a
Expiration Date: N/A. This is a new certain other CMVs for which a CDL is participating driver choosing to leave the
information collection request (ICR). not required. pilot program, a participating driver leaving
Frequency of Response: This is a one- In the May 9, 2011, final rule on the carrier, or a participating driver failing a
time pilot program that will span a 3- ‘‘Commercial Driver’s License Testing random or post-crash drug/alcohol test.
amozie on DSK3GDR082PROD with NOTICES1
year period of data collection. and Commercial Learner’s Permit This pilot limits the definition of
Throughout the 3-year pilot program, Standards,’’ (76 FR 26854), the Agency CMVs to large trucks and does not
the response frequencies are: Motor- set a minimum age of 18 for an include passenger-carrying vehicles,
carrier applications: one-time response. individual to obtain a CLP. A CDL such as buses. The pilot also excludes
Driver demographic and release forms: holder under the age of 21 must have a trucks in special configurations or
one-time response. Motor carrier driver ‘‘K’’ restriction on their CDL, which involved in the transport of hazardous
data submission: monthly (see limits the driver to operating in materials.
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![Federal Register / Vol. 83, No. 228 / Tuesday, November 27, 2018 / Notices 60953
received, to include both pre-CDL and the ability of smaller carriers to apply ACTION:Notice of application for
post-CDL training. for the program. In an effort to not bias exemption; request for comments.
FMCSA Response: FMCSA agrees that the sample, OBMS data will be collected
this information should be requested, from participating drivers if the vehicle SUMMARY: FMCSA announces receipt of
and has updated data collection forms they operate is already equipped with an application from Mr. Terry L. Curtner
to reflect these items. However, FMCSA that system; however, it is not a for an exemption from the prohibition
will not preclude a carrier from requirement for participation. in the Federal Motor Carrier Safety
participation for not providing these Comments Neutral towards the Pilot Regulations (FMCSRs) against operation
details if other requirements are met. Program: There were three commenters of a commercial motor vehicle (CMV) in
13. Consider a formal review process who did not voice whether they interstate commerce by persons with
for motor carriers who temporarily fall supported or opposed the pilot program. either a clinical diagnosis of epilepsy or
out of compliance with the pilot These comments included one voicing any other condition that is likely to
program requirements and want to re- concern over the industry turning away cause a loss of consciousness or any loss
enter the program. these young drivers due to the difficult
FMCSA Response: Carriers who fall of ability to control a CMV, or a mental,
nature of the industry and its lifestyle nervous, organic, or functional disease
out of compliance with the pilot
(e.g., long periods away from home), a or psychiatric disorder likely to interfere
program requirements will be dealt with
commenter raising the need for a lot of with his/her ability to drive a CMV
on an individual basis depending on
hands on training for anyone entering safely. If granted, the exemption would
several factors, including evaluating the
the industry, and one commenter who enable Mr. Curtner who has been
severity of their lapse of compliance.
14. Allow for carriers to report driver had questions and commentary diagnosed with narcolepsy and is
infractions (e.g., failure of a drug test, regarding expanding the pilot program, receiving medical treatment to operate
crashes, violations, etc.) in one business current regulations, and the practices CMVs in interstate commerce.
day as opposed to one 24-hour period. their carrier follows. This commenter
also felt the current study design was DATES: Comments must be received on
FMCSA Response: FMCSA does not or before December 27, 2018.
agree that one business day is the too onerous for small carriers and
correct time frame for reporting these geared more towards large carriers. ADDRESSES: You may submit comments
infractions; however, FMCSA has FMCSA Response: These comments identified by the Federal Docket
clarified that they should be reported were not actionable with regard to this Management System (FDMS) Docket ID
within one day of the carrier being pilot program. The FAST Act specifies FMCSA–2018–0320 using any of the
informed of any of these infractions. who should be included in the pilot following methods:
Commenters Opposed to the Pilot program, and the military training offers • Federal eRulemaking Portal: Go to
Program: Of the 14 commenters who extensive classroom and behind-the-
http://www.regulations.gov. Follow the
were against the pilot program, 13 wheel training prior to being certified in
online instructions for submitting
comments were submitted by one of the relevant MOSs. Regarding the
comments.
individuals, while one comment was burden on small carriers, FMCSA has
submitted by the Advocates for designed a study that is open to having • Mail: Docket Management Facility;
Highway and Auto Safety (Advocates). all carriers (small, medium, and large) U.S. Department of Transportation, 1200
Several commenters mentioned general apply to the program, while still being New Jersey Avenue SE, West Building
knowledge that younger drivers tend to able to meet the safety needs of this Ground Floor, Room W12–140,
be less safe than older drivers. One pilot program and collect enough data to Washington, DC 20590–0001.
commenter mentioned concern over the conduct a statistically meaningful • Hand Delivery: West Building
potential for younger drivers to be analysis. FMCSA has made several Ground Floor, Room W12–140, 1200
treated harshly by the industry, and efforts to assist with reducing the New Jersey Avenue SE, Washington,
several mentioned a lack of experience burden on small carriers, such as not DC, between 9 a.m. and 5 p.m., ET,
that would be concerning. Advocates making OBMS data a requirement, and Monday through Friday, except Federal
additionally recommended requiring not requiring carriers to provide a driver Holidays.
both the use of an Electronic Logging for each group on a one-for-one basis.
• Fax: 1–202–493–2251.
Device (ELD) and the use of an On- Issued under the authority delegated in 49
Board Monitoring System (OBMS). CFR 1.87 on: November 20, 2018. To avoid duplication, please use only
FMCSA Response: For those one of these four methods. See the
G. Kelly Regal,
commenters who expressed concern due ‘‘Public-Participation’’ portion of the
Associate Administrator for Office of
to immaturity and lack of experience of SUPPLEMENTARY INFORMATION section for
Research and Information Technology.
younger drivers, FMCSA reiterates that instructions on submitting comments.
[FR Doc. 2018–25846 Filed 11–26–18; 8:45 am]
the pilot program will have stringent
BILLING CODE 4910–EX–P FOR FURTHER INFORMATION CONTACT: Ms.
participation criteria which includes
Christine A. Hydock, Chief, Medical
military training that exceeds most
Programs Division, (202) 366–4001,
entry-level driver training programs as DEPARTMENT OF TRANSPORTATION fmcsamedical@dot.gov, FMCSA,
well as military experience operating a
Department of Transportation, 1200
heavy vehicle that is comparable to a Federal Motor Carrier Safety New Jersey Avenue SE, Room W64–
CMV. Participants must be trained in a Administration 224,Washington, DC 20590–0001. Office
specific MOS which have been selected
amozie on DSK3GDR082PROD with NOTICES1
hours are from 8:30 a.m. to 5 p.m., ET,
as those most closely mirroring
[Docket No. FMCSA–2018–0320] Monday through Friday, except Federal
experience with CMVs. Drivers will be
holidays. If you have questions
required to comply with current Qualification of Drivers; Exemption regarding viewing or submitting
regulations regarding ELDs, and while Application; Narcolepsy material to the docket, contact Docket
most CMVs are equipped with OBMS
Services, telephone (202) 366–9826.
systems, FMCSA’s position is that AGENCY:Federal Motor Carrier Safety
requiring use of an OBMS would limit Administration (FMCSA), DOT. SUPPLEMENTARY INFORMATION:
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Document Created: 2018-11-27 01:24:52
Document Modified: 2018-11-27 01:24:52
| 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 and request for comments. | |
| Dates | Please send your comments by December 28, 2018. OMB must receive your comments by this date in order to act quickly on the ICR. | |
| Contact | Nicole Michel, Research 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) 366-4354. If you have questions on viewing or submitting material to the docket, contact Docket Services, telephone (202) 366-9826. | |
| FR Citation | 83 FR 60950 |
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