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, 56745-56750 [2016-19948]
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Federal Register / Vol. 81, No. 162 / Monday, August 22, 2016 / Notices
Issued in Washington, DC, on August 17,
2016.
Mohannad Dawoud,
Management & Program Analyst, Partnership
Contracts Branch, ANG–A17, NextGen,
Procurement Services Division, Federal
Aviation Administration.
[FR Doc. 2016–19944 Filed 8–19–16; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[Docket No. FMCSA–2016–0069]
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
Federal Motor Carrier Safety
Administration (FMCSA), DOT.
ACTION: Notice of proposed pilot
program; request for comments.
AGENCY:
As required by section 5404
of the Fixing America’s Surface
Transportation (FAST) Act, FMCSA
proposes a pilot program to allow a
limited number of individuals between
the ages of 18 and 21 to operate
commercial motor vehicles (CMVs) in
interstate commerce if they have
received specified heavy-vehicle driver
training while in military service and
are sponsored by a participating motor
carrier. During the 3-year pilot program,
the safety records of these younger
drivers (the study group) would be
compared to the records of a control
group of comparable size, comprised of
drivers who are 21 years of age or older
and who have comparable training and
experience in driving vehicles requiring
a commercial driver’s license (CDL).
The control group would consist of
volunteer drivers who meet specified
criteria and are employed by a
participating carrier. The comparison of
the two groups’ performance would
help to determine whether age is a
critical safety factor. FMCSA also
proposes criteria for a working group to
consult with the Agency in conducting,
monitoring, and evaluating the pilot
program. Further, the Agency outlines
procedural steps and a data collection
plan, and requests comments on these
elements.
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SUMMARY:
Comments must be received on
or before September 21, 2016.
ADDRESSES: You may submit comments
bearing the Federal Docket Management
System (FDMS) Docket ID FMCSA–
DATES:
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2016–0069 using any of the following
methods:
• Federal eRulemaking Portal:
www.regulations.gov. Follow the online
instructions for submitting comments.
• Mail: Docket Management Facility,
U.S. Department of Transportation, 1200
New Jersey Avenue SE., West Building,
Ground Floor, Room W12–140,
Washington, DC 20590–0001.
• Hand Delivery or Courier: West
Building, Ground Floor, Room W12–
140, 1200 New Jersey Avenue SE.,
between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
• Fax: 1–202–493–2251
Each submission must include the
Agency name and the docket number for
this notice. Note that DOT posts all
comments received without change to
www.regulations.gov, including any
personal information included in a
comment. Please see the Privacy Act
heading below.
Privacy Act: In accordance with 5
U.S.C. 553(c), DOT solicits comments
from the public to better inform its
rulemaking process. DOT posts these
comments, without edit, including any
personal information the commenter
provides, to www.regulations.gov, as
described in the system of records
notice (DOT/ALL–14 FDMS), which can
be reviewed at www.dot.gov/privacy.
FOR FURTHER INFORMATION CONTACT: Mr.
Selden Fritschner, CDL Division,
Federal Motor Carrier Safety
Administration, 1200 New Jersey
Avenue SE., Washington, DC 20590–
0001, by email at Selden.Fritschner@
dot.gov, 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:
I. Public Participation and Request for
Comments
FMCSA encourages you to participate
by submitting comments and related
materials. In this notice, FMCSA
requests certain information, but
comments are not limited to responses
to those requests.
Submitting Comments
If you submit a comment, please
include the docket number for this
notice (FMCSA–2016–0069), indicate
the specific section of this document to
which the comment applies, and
provide a reason for suggestions or
recommendations. You may submit
your comments and material online, by
fax, mail, or hand delivery, but please
use only one of these means. FMCSA
recommends that you include your
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56745
name and a mailing address, an email
address, or a phone number in the body
of your document so the Agency can
contact you if it has questions regarding
your submission.
To submit your comment online, go to
www.regulations.gov, put the docket
number, ‘‘FMCSA–2016–0069’’ in the
‘‘Keyword’’ box, and click ‘‘Search.’’
When the new screen appears, click on
the ‘‘Comment Now!’’ button and type
your comment into the text box in the
following screen. Choose whether you
are submitting your comment as an
individual or on behalf of a third party
and then submit. If you submit your
comments by mail or hand delivery,
submit them in an unbound format, no
larger than 81⁄2 by 11 inches, suitable for
copying and electronic filing. If you
submit comments by mail and would
like to know that they reached the
facility, please enclose a stamped, selfaddressed postcard or envelope. FMCSA
will consider all comments and material
received during the comment period.
Viewing Comments and Documents
To view comments, as well as
documents mentioned in this notice as
being available in the docket, go to
www.regulations.gov and insert the
docket number, ‘‘FMCSA–2016–0069’’
in the ‘‘Keyword’’ box and click
‘‘Search.’’ Next, click the ‘‘Open Docket
Folder’’ button and choose the
document listed to review. If you do not
have access to the Internet, you may
view the docket online by visiting the
Docket Management Facility in Room
W12–140 on the ground floor of the
DOT West Building, 1200 New Jersey
Avenue SE., Washington, DC 20590,
between 9 a.m. and 5 p.m., e.t., Monday
through Friday, except Federal holidays.
II. Legal Basis
On June 9, 1998, the President signed
the Transportation Equity Act for the
21st Century (TEA–21) (Pub. L. 105–
178, 112 Stat. 107). Section 4007 of
TEA–21 amended 49 U.S.C. 31315 and
31136(e) to give the Secretary of
Transportation (the Secretary) authority
to grant waivers and exemptions from
the Federal Motor Carrier Safety
Regulations (FMCSRs) and to conduct
pilot programs. A waiver is limited to a
period of 3 months and may be granted
without requesting public comment. By
contrast, an exemption may remain in
effect for up to 5 years 1 and may be
renewed. The Secretary must provide
the public with an opportunity to
1 Section 5206 of the Fixing America’s Surface
Transportation (FAST) Act amended 49 U.S.C.
31315(b)(2) to extend the maximum duration of an
exemption from 2 years to 5 years, effective October
1, 2015.
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comment on each exemption request
prior to granting or denying it.
Section 4007 also authorizes pilot
programs in which one or more
exemptions are granted to allow for the
testing of innovative alternatives to
certain FMCSRs. 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. 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 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 applicants must follow to
request waivers and apply for
exemptions from the FMCSRs and
procedures to propose and manage pilot
programs.
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 Military Occupational Specialty to
operate a CMV or similar vehicle. A
driver participating in the program may
not transport passengers or hazardous
cargo, or operate a vehicle in a ‘‘special
configuration.’’
Section 5404 requires the 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.
(See Section VIII of this notice.)
Section 5404 also requires the
Secretary to ‘‘. . . conduct, monitor,
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and evaluate . . .’’ the pilot program in
consultation with a working group
consisting of representatives of the
armed forces, industry, drivers, safety
advocacy organizations, and State
licensing and enforcement officials. The
working group must review the data
collected and make recommendations to
the Secretary regarding the feasibility,
benefits, and safety impacts of allowing
a covered driver to operate in interstate
commerce. (See Section V of this
notice.)
III. Background
Applicable Regulations
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, as
well as 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 commercial
learner’s permit (CLP) prior to obtaining
a CDL. An 18-year-old CLP holder is
allowed to drive in intrastate commerce
only. 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.
Prior Younger Driver Pilot Program
Efforts
In the early 1970s, the Federal
Highway Administration (FHWA),
FMCSA’s predecessor agency, examined
the subject of the minimum age of CMV
drivers as part of a comprehensive
overhaul of the driver qualification
requirements. FHWA conducted a
literature review and analyzed crash
statistics and psychological data. The
result was a 1975 report titled
‘‘Minimum Age Requirements of the
Federal Motor Carrier Safety
Regulations.’’ A copy of the report is
filed in the docket identified at the
beginning of this notice. The Agency
found that most drivers under the age of
21 ‘‘lack the general maturity, skill and
judgment that is necessary in handling
commercial motor vehicles.’’ The report
concluded that there was no support for
lowering the age limit of 21.
Subsequently, on October 2, 2000, the
Truckload Carriers Association (TCA)
petitioned FMCSA to conduct a younger
driver pilot program. Motor carriers,
truck driver training schools, a trade
association, and an insurance company
joined in the petition asking FMCSA to
authorize a pilot program to determine
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if CMV drivers under age 21 could
operate CMVs safely in interstate
commerce. Petitioners stated that this
pilot would address the shortage of
CMV drivers in the trucking industry.
Petitioners also asserted that recruiting
young persons as truck drivers would be
easier if they could be approached
immediately after graduation from high
school.
The pilot program proposed by TCA
would have involved a minimum of 48
weeks of intensive classroom and
driving instruction and supervision that
was designed to lead to full-time
employment as an interstate CMV
driver. Each younger driver (18 to 21
years of age) would attend a truck driver
training school approved by the
Professional Truck Driver Institute for a
minimum of 22 weeks and receive 8
weeks of training in a motor carrier’s
‘‘driver finishing’’ program. This would
be followed by 18 weeks of team driving
with an older, more experienced driver.
Younger drivers would be required to
pass the performance standards of the
entire 48-week program and reach the
age of 19 to begin solo driving.
On February 20, 2001, FMCSA
published a notice asking six questions
about the proposed pilot program and
requesting public comment on the TCA
petition (66 FR 10935). FMCSA received
more than 1,600 comments. Very few
commenters presented data either for or
against the program. More than 90
percent of the commenters were
opposed, most on the basis that
individuals under the age of 21 lacked
the maturity and judgment to operate a
CMV. None explained how interstate
drivers under 21 would diminish safety
when most States have concluded that
intrastate drivers under 21 do not do so.
Very few truck drivers and motor
carriers commented, but most of them
also opposed the pilot program.
The following language appeared in
the Senate Report accompanying the
Fiscal Year (FY) 2003 Department of
Transportation Appropriations bill:
‘‘Given the fact that young drivers are
overrepresented in motor vehicle
crashes, the Committee is not convinced
of the merits of this proposal. Prior to
the approval of such a pilot program,
the Committee directs the FMCSA
Administrator to conduct a thorough
analysis of the safety ramifications and
whether there’s a genuine shortage of
truck drivers to warrant such a waiver
of the Federal safety regulations.’’
[Senate Report No. 107–224, July 26,
2002].
On June 9, 2003 (68 FR 34467, 34468),
FMCSA denied the TCA petition stating
that ‘‘the Agency does not have
sufficient information at this time to
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make a determination that the safety
measures in the pilot program are
designed to achieve a level of safety
equivalent to, or greater than, the level
of safety provided by complying with
the minimum 21-year age requirement
to operate a CMV.’’
IV. Structure of the Proposed Pilot
Program
The purpose of this proposed 3-year
pilot program is to determine whether
persons under the age of 21 can safely
operate CMVs in interstate commerce,
and to enhance opportunities for
persons with relevant military training
to enter the CMV industry. While many
intrastate CMV drivers are already in
this age group, the Agency is not aware
of any studies or published reports
comparing their safety performance
with that of drivers over 21, either
interstate or intrastate. This pilot
program proposes to utilize a study
group of drivers under the age of 21,
who have trained on and operated
heavy vehicles while in military service.
Because many service personnel leave
active duty while close to or over the
age of 21, it is likely that most study
group members would be reservists or
National Guard members. Persons who
meet the qualifications described later
in this notice may apply to a
participating motor carrier for study
group sponsorship, which, if approved,
would allow the individual to operate a
CMV in interstate commerce for that
carrier before age 21. To have a
statistically valid sample of drivers
under the age of 21, approximately 200
study group participants are desired.
When these individuals reach the age of
21, they would no longer participate in
the pilot program and would be
replaced by new study group members
meeting the eligibility requirements.
The length of time during which
replacement study group members will
be added will be determined by FMCSA
based on the statistical and
administrative needs of the pilot data
collection plan.
Participating carriers that meet the
qualifications described later in this
notice would sponsor study group
members and perform other duties
related to the pilot, such as filing certain
reports and recruiting existing drivers to
participate as control group members.
To reduce the administrative effort
involved, FMCSA anticipates that a
fairly small number of carriers would be
selected to participate.
The control group of older drivers
would be needed to form a baseline of
comparison for the safety records of the
younger study group drivers. The
control group participants would be 21
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years of age and older, would have
received formal CMV driving training
comparable to that of the study group
members, and would have similar
lengths of driving experience. These
control group members working for the
same participating carriers would
volunteer as the study group members.
As a participating carrier receives
approval from FMCSA for a qualifying
younger employee to be in the study
group, the carrier would then submit a
qualifying, existing employee for
inclusion in the control group. In this
manner, an approximately equal
number of drivers would be accepted by
FMCSA for each group.
Carriers would be required to install
and operate electronic logging devices
(ELDs) on all vehicles operated by study
and control group drivers. Data from
these devices, such as vehicle miles
traveled (VMT), is essential to analyze
driving safety records.
In addition to identification data for
all participants, FMCSA would gather
safety data for all study and control
group drivers during the pilot, such as
crashes and driving and inspection
violations. Because the amount of data
of this nature that can be collected in 3
years may be comparatively small,
FMCSA would also consider requesting
participating carriers that have onboard
monitoring systems (OBMSs) to share
that data. The safety-critical events
(SCEs) 2 recorded by OBMSs may
provide valuable information on drivers’
operating performance. The use of
OBMSs would be based on the
willingness of carriers and drivers to
participate and the existing equipment
in the carrier’s cabs. FMCSA specifically
seeks comments on this option.
FMCSA would reserve the right to
select the carriers to participate and
continue in the pilot, as well as to
approve the members of the study and
control groups.
V. Management of the Proposed Pilot
Program; the Working Group
Section 5404 of the FAST Act requires
the Secretary to ‘‘. . . conduct, monitor,
and evaluate . . .’’ the pilot program in
consultation with a working group
consisting of representatives of the
armed forces, industry, drivers, safety
advocacy organizations, and State
licensing and enforcement officials. The
organization and appointment of this
working group would take place under
existing Departmental policies and
procedures.
FMCSA would designate a project
manager for the pilot program and
2 Safety-critical events include crashes, nearcrashes, and crash-relevant conflicts.
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review applications for this program.
Approved participating carriers would
be publicly announced on the Agency’s
Web site to encourage potential study
group members (i.e., drivers) to apply
through the identified carriers for
participation. Approved carriers would
be able to assist potential study group
drivers (whom they sponsor) with
completion of the application and
participation agreement. When a carrier
receives notification that a qualifying
study group member has been approved
by FMCSA, the carrier would then
submit a form and agreement for a
control group driver. In this manner, the
number of drivers in each group would
be similar; i.e., about 200 in the study
group and 200 in the control group.
FMCSA would develop the
applications, agreements, and forms to
be used by interested carriers and
potential study and control group
members.
Eligibility requirements and
procedural matters are discussed later in
this notice.
VI. Proposed Eligibility Criteria To
Participate
A. Motor Carriers
Details of each requirement for motor
carriers summarized below would be
published if the pilot program is
approved. Interested motor carriers
would be required to:
• Volunteer during the announced
application period.
• Be able to supply control group
drivers in numbers matching the study
group drivers to be employed.
• Agree to comply with all pilot
program procedures.
• Agree to submit required pilot
program data and reports.
• Purchase, install and operate an
ELD in each truck used in the pilot
program study.
• Monitor and report safety records of
study and control group members as
required by FMCSA.
• Have a good safety record, to
include appropriate Safety
Measurement System (SMS) status,
registration, operating authority,
financial responsibility, and other
Agency records.
B. Under-21 Applicants (Study Group
Drivers)
Details of each requirement for study
group applicants summarized below
would be published if the pilot program
is approved. Interested drivers would be
required to:
• Volunteer.
• Be 18, 19, or 20 years of age as of
the date they are approved by FMCSA
for participation.
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• Have certification from a military
service of training and experience in
driving heavy vehicles while in military
service, as described in Section IX of
this notice.
• Agree to the release of specific
information to FMCSA for purposes of
the pilot.
• Agree to the use of ELDs.
• Have no disqualifications,
suspensions, or license revocations
within past 3 years; or be under any outof-service order.
• Meet all FMCSR requirements
(except age) for operating a CMV in
interstate commerce.
• Operate primarily in interstate
commerce if selected.
• Not transport passengers or
hazardous materials, or operate doubleor triple-trailer combinations or cargo
tank vehicles while participating in the
pilot, regardless of any license
endorsements held.
C. Control Group Drivers
Details of each requirement for
control group drivers summarized
below would be published if the pilot
program is approved. Control group
drivers would be required to:
• Volunteer.
• Possess a valid CDL.
• Be a full-time driver for
participating motor carrier.
• Have no disqualifications,
suspensions, or license revocations
within past 3 years; or be under any outof-service order.
• Agree to the use of ELDs.
• Agree to release of specified
information for pilot program.
• Have training and experience
comparable to study group drivers,
regardless of the source.
• Be 21 to 26 years old at time of
acceptance into the pilot.
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VII. Application Process
A. Motor Carriers
• Contact the pilot project manager to
arrange a brief no-obligation preliminary
interview via telephone.
• Complete and file with FMCSA the
application for participation that is
proposed to include identification
information on the carrier; number of
study/control group participants the
carrier is willing to sponsor; nature of
duties of study and control group
drivers, to include reporting typical
hours worked and miles traveled.
• Designate a pilot program
coordinator.
B. Under-21 Applicants (Study Group
Drivers)
• Obtain from commanding officer, or
his or her official designee, a
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certification 3 that the applicant had
formal training and experience in the
operation of heavy motor vehicles while
in military service.
• Contact approved participating
carrier(s) to determine the availability of
positions and their qualification
requirements.
• Complete any documents
prescribed by FMCSA for participation.
C. Control Group Drivers
• Participating carriers would solicit
qualifying volunteer drivers from among
existing employees in numbers equal to
study group participants; and
• Complete any documents
prescribed by FMCSA for participation.
VIII. Data Collection Plan
Details of the data collection plan for
this proposed pilot program would be
developed based on comments to the
docket and further review by analysts.
The factors to be collected from each
participating driver before and during
the pilot program may include, but are
not limited to, (1) details of any past
CMV driving experience and
demographic information, to assess
qualification for participation in the
study and/or control groups; (2) crashes
(to be specified); (3) any traffic citations
or warnings received while driving a
CMV; (4) any violations or warnings
listed on a CMV inspection report when
the participating driver was operating
the vehicle, and (5) detailed 24-hour
records of activity to include CMV
hours-of-service logs or electronic
records. Some of this information
normally should be automatically
reported to FMCSA; however, due to
possibility of delays in reporting and
inaccurate data in some instances, the
participating carrier would be asked to
collect the information from all
participating drivers and report it to
FMCSA in a designated format. Other
information that may be needed, such as
VMT, would also be collected through
the participating carrier. Every effort
would be made to minimize the burden
on the carrier in collecting and reporting
this data.
IX. Armed Forces Heavy-Vehicle Driver
Training Programs
Four branches of the Department of
Defense—the Army, Air Force, Navy,
and Marine Corps—provide specific
training dedicated to operating heavyduty vehicles. There are three basic job
training classifications with additional
training for other types of heavy-duty
specialty vehicles (e.g., gasoline haulers,
construction vehicles, and military
3 Form
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equipment transport oversize/
overweight [non-track vehicles]).
There are four core training programs
for heavy vehicle operations, based on
the occupational specialty code of the
service member:
• Army—88M—Motor Transport
Operator.
• Air Force—2T1—Vehicle
Operations.
• Marine Corps—3531—Motor
Vehicle Operator.
• Navy—EO—Equipment Operator.
These four are not the only
occupational specialty codes that the
Agency may designate to participate in
the pilot. Comments and data are
requested for additional military
occupational specialty codes or
equivalent that should be included.
Army—88M Training
The 88M Instructor Training Manual
is 142 pages long. The student manual—
STP 55–88M14–SM–TG Soldier’s
Manual and Trainer’s Guide 88M, Motor
Transport Operator—is 229 pages long
and includes 4 levels of training. The 6week core curriculum of the Army 88M
course contains a total of 221 hours of
training, including:
• Lecture—32 classroom hours.
• Practical application—road
driving—189 hours.
Motor Transport Operators are
primarily responsible for operating
wheeled vehicles to transport personnel
and cargo. Motor Transport Operator
duties include: Interior components/
controls and indicators; basic vehicle
control; driving vehicles over all types
of roads and terrain, traveling alone or
in convoys; braking, coupling, backing,
and alley docking; adverse/tactical
driving operations; pre-trip inspections;
reading load plans; checking oil, fuel
and other fluid levels, as well as tire
pressure; operations in automatic and
manual modes; crash prevention; safety
check procedures; basic vehicle
maintenance and repairs; transporting
hazardous materials; and keeping
mileage records.
Air Force—2T1—Vehicle Operations
The Air Force Tractor Trailer Plan of
Instruction (POI) is 226 pages long. The
minimum length of instruction for the
basic school is 84 hours, including 22
hours of classroom and 62 hours of
hands-on activity, both alone on a
training pad and on the road with an
instructor. The core curriculum is based
on the material in the American
Association of Motor Vehicle
Administrators (AAMVA) CDL
Manual—2005 edition (2014 revised).
Students participating in the basic 2T1
curriculum learn general principles in
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the classroom. Specialized training
occurs at the installation using the
Tractor Trailer Plan of Instruction. A
minimum of 40 hours over-the-road
time is expected on each vehicle/trailer
type.
Topics covered in the Air Force
Vehicle Operations course include:
Overview of training and Federal
requirements; Federal motor vehicle
safety standards; tractor/trailer design;
hazards and human factors relative to
the environment where used; safety
clothing and equipment; driving safely;
pre- and post-trip vehicle inspection;
basic vehicle control; shifting gears;
managing space and speed; driving in
mountains, fog, winter, very hot
weather, and at night; railroad crossings;
defensive awareness to avoid hazards
and emergencies; skid control and
recovery; what to do in case of a crash;
fires; staying alert and fit to drive;
hazardous materials—rules for all
commercial drivers; preparing,
inspecting, and transporting cargo
safely; inspecting and driving with air
brakes; driving combination vehicles
safely; and coupling and uncoupling.
Marine Corps—3531—Motor Vehicle
Operator
The core curriculum of the Marine
Corps 3531 course—TM 11240–15/3G
contains three training areas:
• Lecture—24 classroom hours.
• Demonstration—classroom/training
pad—35 hours.
• Practical application—road
driving—198 hours.
Instructional breakout includes:
• Demonstration: 35 hours.
• Guided discussion: 1.5 hours.
• Lecture: 24 hours.
• Performance examination: 62
hours.
• Practical application (individual):
198 hours.
• Written examination: 7 hours.
Classroom instruction includes
lectures, demonstration, and practice
time for the specific tasks identified.
Each classroom session includes written
and performance evaluations to ensure
students have mastered all of the
learning objectives for the specialty
proficiency. Training includes both
simulators and actual vehicle operation.
Practical training includes on-the-road
and skills operations, ground guide
procedures, and operating a vehicle
with a towed load. Students practice
their driving and backing, with and
without a trailer. Instructors ride with
the students as they operate on
approved road routes. Specific training
areas (pads) are set aside for the
students to practice their backing skills
and ground guide procedures safely.
VerDate Sep<11>2014
17:13 Aug 19, 2016
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The Marine Corps training curriculum
also includes emergency procedures and
cargo loading.
Navy—EO—Equipment Operator
The core curriculum of the USN
Heavy Vehicle Operator (Truck Driver)
(EO) course (53–3032.00) is designed to
train Navy personnel how to operate
passenger and cargo vehicles to rated
capacity. They palletize, containerize,
load and safely transport various types
of cargo and demonstrate knowledge
and skills for qualifying as a driver
journeyman. The complete program
covers topics including:
• Hazardous materials transportation
• Line haul planning
• Manual tractor-truck operations
• Vehicle Recovery Operations
The course is taught over 160 hours
including 30 hours classroom and 130
hours lab (behind the wheel). By
completing this course, the Navy driver
will be able to:
1. Perform the duties of normal, noncombat conditions driving in
accordance with the local state driver
licensing agency’s CDL driver
handbook;
2. Manage hazardous petroleum, oils
and lubricants (POL) material required
during line haul and worksite activities,
to support normal, non-combat
operations;
3. Perform preventive maintenance on
a non- or up-armored manual truck
tractor with drop-neck trailer, consisting
of pre-start, during-operations, and
after-operations equipment checks, to
support normal, non-combat operations,
in accordance with local State Driver
License Agency CDL handbooks;
4. Operate vehicle controls of a nonor up-armored manual truck-tractor, to
support normal, non-combat operations;
and
5. Be proficient with the components
and controls of a drop-neck trailer
relative to a detached/attached
gooseneck and a coupled/uncoupled
trailer.
Other topics covered within the Navy
EO training program include:
• Development and maintenance of
operational records
• Operation of high mobility multipurpose wheeled vehicles
• Weight distribution and load
securement
• Loading bulk and container cargo
• Preventive maintenance
• Pre- and post- trip vehicle safety
inspections
X. Paperwork Reduction Act
The proposed pilot program would
require participating motor carriers to
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Fmt 4703
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56749
collect, maintain, and report to FMCSA
certain information about their
employed/sponsored drivers who are
participating in the pilot program. This
would include identifying information
and safety performance data for use in
analyzing the drivers’ safety history.
The Agency would develop forms to
promote uniformity in the data collected
by the pilot carriers.
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 would 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 the Office of
Management and Budget (OMB) as a
formal information collection request
(ICR); the Agency cannot conduct the
information collection until OMB
approves the ICR.
FMCSA asks for comment on the IC
requirements of this proposal. The
Agency’s analysis of these comments
would be used in devising the Agency’s
estimate of the IC burden of the pilot
program. Comments can be submitted to
the docket as outlined under ADDRESSES
at the beginning of this notice.
Specifically, the Agency asks for
comment on: (1) How useful the
information is and whether it can help
FMCSA perform its functions better; (2)
how the Agency can improve the quality
of the information being collected; (3)
the accuracy of FMCSA’s estimate of the
burden of this IC; and (4) how the
Agency can minimize the burden of
collection.
Because this is a proposed pilot
program in which certain aspects—such
as the content of forms and reports—
have not been finalized, the Agency is
not posting possible IC burden data at
this time. If the pilot program is to be
implemented, this information would be
posted at a later date and additional
comments would be taken.
XI. Removal From the Program
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.
XII. Request for Public Comments
The following questions identify
input desired by FMCSA. Instructions
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56750
Federal Register / Vol. 81, No. 162 / Monday, August 22, 2016 / Notices
for filing comments to the public docket
are included earlier in this notice.
Persons are encouraged to respond
wherever possible, but comments are
not limited to replies to these questions:
1. Are any additional safeguards
needed to ensure that the pilot program
provides a level of safety equivalent to
that without the age exemption?
2. Would carriers be able to obtain
enough volunteer drivers to serve in the
control group?
3. Do ‘‘comparable levels of training
and experience’’ need to be defined
more precisely? If so, what levels would
you suggest?
4. Are traffic violations, crashes, and
inspection violations adequate to allow
a comparison of safety records? If not,
what other safety performance measures
should be included?
5. If drivers reach age 21 while in the
study group, should they be removed
from the pilot and replaced with a
different driver meeting the eligibility
criteria?
6. Are the data collection efforts
proposed so burdensome for carriers as
to discourage their participation?
7. Are there carriers currently using
onboard monitoring on all their CMVs
that are willing to participate in the
study? Is onboard monitoring of pilot
program drivers needed to assess their
safety performance?
Issued on: August 11, 2016.
T.F. Scott Darling, III,
Administrator.
DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
Notice To Rescind a Notice of Intent To
Prepare an Environmental Impact
Statement
Federal Railroad
Administration (FRA), U.S. Department
of Transportation (DOT).
ACTION: Notice.
AGENCY:
In this notice, FRA is advising
the public that the Notice of Intent
(NOI) to prepare a Tier One
Environmental Impact Statement (EIS)
for the Rochester-Twin Cities Passenger
Rail Corridor Investment Plan is
rescinded.
FOR FURTHER INFORMATION CONTACT:
Andrea E. Martin, Environmental
Protection Specialist, FRA, 1200 New
Jersey Avenue SE., MS–20, Washington,
DC 20590, telephone: (202) 493–6201.
SUPPLEMENTARY INFORMATION: The
Minnesota Department of
SUMMARY:
asabaliauskas on DSK3SPTVN1PROD with NOTICES
[FR Doc. 2016–19917 Filed 8–19–16; 8:45 am]
BILLING CODE 4910–06–P
DEPARTMENT OF TRANSPORTATION
Office of the Secretary
Jkt 238001
Bureau of Transportation
Statistics (BTS), Office of the Assistant
Secretary for Research and Technology
(OST–R), U.S. Department of
Transportation (USDOT).
ACTION: Port Performance Freight
Statistics Working Group: Notice of
public meetings.
AGENCY:
BILLING CODE 4910–EX–P
17:13 Aug 19, 2016
Issued in Washington, DC, on August 16,
2016.
Jamie Rennert,
Office Director, Office of Program Delivery.
Port Performance Freight Statistics
Working Group
[FR Doc. 2016–19948 Filed 8–19–16; 8:45 am]
VerDate Sep<11>2014
Transportation (MNDOT) and the
Olmsted County Regional Railroad
Authority (OCRRA) jointly explored the
feasibility of a high-speed rail
connection to serve anticipated travel
demand between the State’s two largest
economies, Rochester and the Twin
Cities. FRA published the NOI to
prepare a Tier One EIS for the
Rochester-Twin Cities Passenger Rail
Corridor Investment Plan in the Federal
Register on May 13, 2013; and MNDOT
and OCRRA issued a final scoping
decision document and alternatives
analysis report in 2015. MNDOT and its
partner OCRRA decided to suspend the
voluntary EIS due to public funding
constraints and private sector actions to
undertake a similar project. Therefore,
FRA is issuing this notice rescinding its
NOI to prepare a Tier One EIS for the
Rochester-Twin Cities Passenger Rail
Corridor Investment Plan.
This notice announces two
upcoming public meetings of the Port
Performance Freight Statistics Working
Group (hereafter, ‘‘Working Group’’).
The Working Group will provide advice
and recommendations to the BTS
Director pursuant to Section 6018 of the
Fixing America’s Surface
Transportation (FAST) Act on matters
related to port performance measures,
including: Specifications and data
measurements to be used in the Port
Performance Freight Statistics Program
established under subsection 6018(a);
and a process for the Department to
collect timely and consistent data,
including identifying safeguards to
protect proprietary information
described in subsection 6018(b)(2). The
Working Group will operate in
accordance with the provisions of the
Federal Advisory Committee Act
SUMMARY:
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Frm 00174
Fmt 4703
Sfmt 4703
(FACA) and the rules and regulations
issued in implementation of that Act.
The meetings will be held on
September 23, 2016, and October 21,
2016, from 9:00 a.m. to 4:30 p.m.,
Eastern Standard Time.
DATES:
The meetings will be at the
U.S. Department of Transportation, 1200
New Jersey Avenue SE., Washington,
DC 20590. Any person requiring
accessibility accommodations should
contact Matthew Chambers at (202)
366–1270 or via email at: portstatistics@
dot.gov.
ADDRESSES:
U.S.
Department of Transportation, Office of
the Assistant Secretary for Research and
Technology, Bureau of Transportation
Statistics, Attn: Port Performance
Freight Statistics Working Group, 1200
New Jersey Avenue SE., Room # E32–
342, Washington, DC 20590.
FOR FURTHER INFORMATION CONTACT:
SUPPLEMENTARY INFORMATION:
Background: The Port Performance
Freight Statistics Working Group has
been created in accordance with Section
6018 of the FAST Act (Pub. L. 114–94;
Dec. 4, 2015; 129 Stat. 1312). The
Working Group supports the BTS Port
Performance Freight Statistics Program,
which has the goal ‘‘to provide
nationally consistent measures of
performance’’ of the nation’s largest
ports, and to report annually to
Congress on port capacity and
throughput.
The Working Group is established in
the FAST Act to provide
recommendations to the BTS Director
on matters related to port performance
measures; to identify a standard for port
data; to specify standards for consistent
port performance measures; to
recommend statistics for measuring port
capacity and throughput; and to develop
a process to collect timely and
consistent data. The FAST Act also
identifies the membership of the
Working Group, and sets a due date for
recommendations to the BTS Director of
December 4, 2016.
Agenda: During the meetings, U.S.
Department of Transportation (hereafter,
‘‘Department’’) staff will provide
updates of the Department’s progress in
implementing its Port Performance
Freight Statistics Program and related
provisions. The Working Group will
discuss its development of a list of tasks
and subtasks that:
(a) Identify a generally accepted
industry standard for port data
collection and reporting.
(b) Specify standards for collecting
data and reporting nationally consistent
port performance measures.
E:\FR\FM\22AUN1.SGM
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]]>Agencies
[Federal Register Volume 81, Number 162 (Monday, August 22, 2016)]
[Notices]
[Pages 56745-56750]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-19948]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2016-0069]
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
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.
ACTION: Notice of proposed pilot program; request for comments.
-----------------------------------------------------------------------
SUMMARY: As required by section 5404 of the Fixing America's Surface
Transportation (FAST) Act, FMCSA proposes a pilot program to allow a
limited number of individuals between the ages of 18 and 21 to operate
commercial motor vehicles (CMVs) in interstate commerce if they have
received specified heavy-vehicle driver training while in military
service and are sponsored by a participating motor carrier. During the
3-year pilot program, the safety records of these younger drivers (the
study group) would be compared to the records of a control group of
comparable size, comprised of drivers who are 21 years of age or older
and who have comparable training and experience in driving vehicles
requiring a commercial driver's license (CDL). The control group would
consist of volunteer drivers who meet specified criteria and are
employed by a participating carrier. The comparison of the two groups'
performance would help to determine whether age is a critical safety
factor. FMCSA also proposes criteria for a working group to consult
with the Agency in conducting, monitoring, and evaluating the pilot
program. Further, the Agency outlines procedural steps and a data
collection plan, and requests comments on these elements.
DATES: Comments must be received on or before September 21, 2016.
ADDRESSES: You may submit comments bearing the Federal Docket
Management System (FDMS) Docket ID FMCSA-2016-0069 using any of the
following methods:
Federal eRulemaking Portal: www.regulations.gov. Follow
the online instructions for submitting comments.
Mail: Docket Management Facility, U.S. Department of
Transportation, 1200 New Jersey Avenue SE., West Building, Ground
Floor, Room W12-140, Washington, DC 20590-0001.
Hand Delivery or Courier: West Building, Ground Floor,
Room W12-140, 1200 New Jersey Avenue SE., between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.
Fax: 1-202-493-2251
Each submission must include the Agency name and the docket number
for this notice. Note that DOT posts all comments received without
change to www.regulations.gov, including any personal information
included in a comment. Please see the Privacy Act heading below.
Privacy Act: In accordance with 5 U.S.C. 553(c), DOT solicits
comments from the public to better inform its rulemaking process. DOT
posts these comments, without edit, including any personal information
the commenter provides, to www.regulations.gov, as described in the
system of records notice (DOT/ALL-14 FDMS), which can be reviewed at
www.dot.gov/privacy.
FOR FURTHER INFORMATION CONTACT: Mr. Selden Fritschner, CDL Division,
Federal Motor Carrier Safety Administration, 1200 New Jersey Avenue
SE., Washington, DC 20590-0001, by email at Selden.Fritschner@dot.gov,
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:
I. Public Participation and Request for Comments
FMCSA encourages you to participate by submitting comments and
related materials. In this notice, FMCSA requests certain information,
but comments are not limited to responses to those requests.
Submitting Comments
If you submit a comment, please include the docket number for this
notice (FMCSA-2016-0069), indicate the specific section of this
document to which the comment applies, and provide a reason for
suggestions or recommendations. You may submit your comments and
material online, by fax, mail, or hand delivery, but please use only
one of these means. FMCSA recommends that you include your name and a
mailing address, an email address, or a phone number in the body of
your document so the Agency can contact you if it has questions
regarding your submission.
To submit your comment online, go to www.regulations.gov, put the
docket number, ``FMCSA-2016-0069'' in the ``Keyword'' box, and click
``Search.'' When the new screen appears, click on the ``Comment Now!''
button and type your comment into the text box in the following screen.
Choose whether you are submitting your comment as an individual or on
behalf of a third party and then submit. If you submit your comments by
mail or hand delivery, submit them in an unbound format, no larger than
8\1/2\ by 11 inches, suitable for copying and electronic filing. If you
submit comments by mail and would like to know that they reached the
facility, please enclose a stamped, self-addressed postcard or
envelope. FMCSA will consider all comments and material received during
the comment period.
Viewing Comments and Documents
To view comments, as well as documents mentioned in this notice as
being available in the docket, go to www.regulations.gov and insert the
docket number, ``FMCSA-2016-0069'' in the ``Keyword'' box and click
``Search.'' Next, click the ``Open Docket Folder'' button and choose
the document listed to review. If you do not have access to the
Internet, you may view the docket online by visiting the Docket
Management Facility in Room W12-140 on the ground floor of the DOT West
Building, 1200 New Jersey Avenue SE., Washington, DC 20590, between 9
a.m. and 5 p.m., e.t., Monday through Friday, except Federal holidays.
II. Legal Basis
On June 9, 1998, the President signed the Transportation Equity Act
for the 21st Century (TEA-21) (Pub. L. 105-178, 112 Stat. 107). Section
4007 of TEA-21 amended 49 U.S.C. 31315 and 31136(e) to give the
Secretary of Transportation (the Secretary) authority to grant waivers
and exemptions from the Federal Motor Carrier Safety Regulations
(FMCSRs) and to conduct pilot programs. A waiver is limited to a period
of 3 months and may be granted without requesting public comment. By
contrast, an exemption may remain in effect for up to 5 years \1\ and
may be renewed. The Secretary must provide the public with an
opportunity to
[[Page 56746]]
comment on each exemption request prior to granting or denying it.
---------------------------------------------------------------------------
\1\ Section 5206 of the Fixing America's Surface Transportation
(FAST) Act amended 49 U.S.C. 31315(b)(2) to extend the maximum
duration of an exemption from 2 years to 5 years, effective October
1, 2015.
---------------------------------------------------------------------------
Section 4007 also authorizes pilot programs in which one or more
exemptions are granted to allow for the testing of innovative
alternatives to certain FMCSRs. 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. 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 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 applicants must follow to request waivers and
apply for exemptions from the FMCSRs and procedures to propose and
manage pilot programs.
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 Military Occupational Specialty to operate a CMV or
similar vehicle. A driver participating in the program may not
transport passengers or hazardous cargo, or operate a vehicle in a
``special configuration.''
Section 5404 requires the 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. (See Section VIII of this notice.)
Section 5404 also requires the Secretary to ``. . . conduct,
monitor, and evaluate . . .'' the pilot program in consultation with a
working group consisting of representatives of the armed forces,
industry, drivers, safety advocacy organizations, and State licensing
and enforcement officials. The working group must review the data
collected and make recommendations to the Secretary regarding the
feasibility, benefits, and safety impacts of allowing a covered driver
to operate in interstate commerce. (See Section V of this notice.)
III. Background
Applicable Regulations
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, as well as 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 commercial
learner's permit (CLP) prior to obtaining a CDL. An 18-year-old CLP
holder is allowed to drive in intrastate commerce only. 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.
Prior Younger Driver Pilot Program Efforts
In the early 1970s, the Federal Highway Administration (FHWA),
FMCSA's predecessor agency, examined the subject of the minimum age of
CMV drivers as part of a comprehensive overhaul of the driver
qualification requirements. FHWA conducted a literature review and
analyzed crash statistics and psychological data. The result was a 1975
report titled ``Minimum Age Requirements of the Federal Motor Carrier
Safety Regulations.'' A copy of the report is filed in the docket
identified at the beginning of this notice. The Agency found that most
drivers under the age of 21 ``lack the general maturity, skill and
judgment that is necessary in handling commercial motor vehicles.'' The
report concluded that there was no support for lowering the age limit
of 21.
Subsequently, on October 2, 2000, the Truckload Carriers
Association (TCA) petitioned FMCSA to conduct a younger driver pilot
program. Motor carriers, truck driver training schools, a trade
association, and an insurance company joined in the petition asking
FMCSA to authorize a pilot program to determine if CMV drivers under
age 21 could operate CMVs safely in interstate commerce. Petitioners
stated that this pilot would address the shortage of CMV drivers in the
trucking industry. Petitioners also asserted that recruiting young
persons as truck drivers would be easier if they could be approached
immediately after graduation from high school.
The pilot program proposed by TCA would have involved a minimum of
48 weeks of intensive classroom and driving instruction and supervision
that was designed to lead to full-time employment as an interstate CMV
driver. Each younger driver (18 to 21 years of age) would attend a
truck driver training school approved by the Professional Truck Driver
Institute for a minimum of 22 weeks and receive 8 weeks of training in
a motor carrier's ``driver finishing'' program. This would be followed
by 18 weeks of team driving with an older, more experienced driver.
Younger drivers would be required to pass the performance standards of
the entire 48-week program and reach the age of 19 to begin solo
driving.
On February 20, 2001, FMCSA published a notice asking six questions
about the proposed pilot program and requesting public comment on the
TCA petition (66 FR 10935). FMCSA received more than 1,600 comments.
Very few commenters presented data either for or against the program.
More than 90 percent of the commenters were opposed, most on the basis
that individuals under the age of 21 lacked the maturity and judgment
to operate a CMV. None explained how interstate drivers under 21 would
diminish safety when most States have concluded that intrastate drivers
under 21 do not do so. Very few truck drivers and motor carriers
commented, but most of them also opposed the pilot program.
The following language appeared in the Senate Report accompanying
the Fiscal Year (FY) 2003 Department of Transportation Appropriations
bill: ``Given the fact that young drivers are overrepresented in motor
vehicle crashes, the Committee is not convinced of the merits of this
proposal. Prior to the approval of such a pilot program, the Committee
directs the FMCSA Administrator to conduct a thorough analysis of the
safety ramifications and whether there's a genuine shortage of truck
drivers to warrant such a waiver of the Federal safety regulations.''
[Senate Report No. 107-224, July 26, 2002].
On June 9, 2003 (68 FR 34467, 34468), FMCSA denied the TCA petition
stating that ``the Agency does not have sufficient information at this
time to
[[Page 56747]]
make a determination that the safety measures in the pilot program are
designed to achieve a level of safety equivalent to, or greater than,
the level of safety provided by complying with the minimum 21-year age
requirement to operate a CMV.''
IV. Structure of the Proposed Pilot Program
The purpose of this proposed 3-year pilot program is to determine
whether persons under the age of 21 can safely operate CMVs in
interstate commerce, and to enhance opportunities for persons with
relevant military training to enter the CMV industry. While many
intrastate CMV drivers are already in this age group, the Agency is not
aware of any studies or published reports comparing their safety
performance with that of drivers over 21, either interstate or
intrastate. This pilot program proposes to utilize a study group of
drivers under the age of 21, who have trained on and operated heavy
vehicles while in military service. Because many service personnel
leave active duty while close to or over the age of 21, it is likely
that most study group members would be reservists or National Guard
members. Persons who meet the qualifications described later in this
notice may apply to a participating motor carrier for study group
sponsorship, which, if approved, would allow the individual to operate
a CMV in interstate commerce for that carrier before age 21. To have a
statistically valid sample of drivers under the age of 21,
approximately 200 study group participants are desired. When these
individuals reach the age of 21, they would no longer participate in
the pilot program and would be replaced by new study group members
meeting the eligibility requirements. The length of time during which
replacement study group members will be added will be determined by
FMCSA based on the statistical and administrative needs of the pilot
data collection plan.
Participating carriers that meet the qualifications described later
in this notice would sponsor study group members and perform other
duties related to the pilot, such as filing certain reports and
recruiting existing drivers to participate as control group members. To
reduce the administrative effort involved, FMCSA anticipates that a
fairly small number of carriers would be selected to participate.
The control group of older drivers would be needed to form a
baseline of comparison for the safety records of the younger study
group drivers. The control group participants would be 21 years of age
and older, would have received formal CMV driving training comparable
to that of the study group members, and would have similar lengths of
driving experience. These control group members working for the same
participating carriers would volunteer as the study group members. As a
participating carrier receives approval from FMCSA for a qualifying
younger employee to be in the study group, the carrier would then
submit a qualifying, existing employee for inclusion in the control
group. In this manner, an approximately equal number of drivers would
be accepted by FMCSA for each group.
Carriers would be required to install and operate electronic
logging devices (ELDs) on all vehicles operated by study and control
group drivers. Data from these devices, such as vehicle miles traveled
(VMT), is essential to analyze driving safety records.
In addition to identification data for all participants, FMCSA
would gather safety data for all study and control group drivers during
the pilot, such as crashes and driving and inspection violations.
Because the amount of data of this nature that can be collected in 3
years may be comparatively small, FMCSA would also consider requesting
participating carriers that have onboard monitoring systems (OBMSs) to
share that data. The safety-critical events (SCEs) \2\ recorded by
OBMSs may provide valuable information on drivers' operating
performance. The use of OBMSs would be based on the willingness of
carriers and drivers to participate and the existing equipment in the
carrier's cabs. FMCSA specifically seeks comments on this option.
---------------------------------------------------------------------------
\2\ Safety-critical events include crashes, near-crashes, and
crash-relevant conflicts.
---------------------------------------------------------------------------
FMCSA would reserve the right to select the carriers to participate
and continue in the pilot, as well as to approve the members of the
study and control groups.
V. Management of the Proposed Pilot Program; the Working Group
Section 5404 of the FAST Act requires the Secretary to ``. . .
conduct, monitor, and evaluate . . .'' the pilot program in
consultation with a working group consisting of representatives of the
armed forces, industry, drivers, safety advocacy organizations, and
State licensing and enforcement officials. The organization and
appointment of this working group would take place under existing
Departmental policies and procedures.
FMCSA would designate a project manager for the pilot program and
review applications for this program. Approved participating carriers
would be publicly announced on the Agency's Web site to encourage
potential study group members (i.e., drivers) to apply through the
identified carriers for participation. Approved carriers would be able
to assist potential study group drivers (whom they sponsor) with
completion of the application and participation agreement. When a
carrier receives notification that a qualifying study group member has
been approved by FMCSA, the carrier would then submit a form and
agreement for a control group driver. In this manner, the number of
drivers in each group would be similar; i.e., about 200 in the study
group and 200 in the control group. FMCSA would develop the
applications, agreements, and forms to be used by interested carriers
and potential study and control group members.
Eligibility requirements and procedural matters are discussed later
in this notice.
VI. Proposed Eligibility Criteria To Participate
A. Motor Carriers
Details of each requirement for motor carriers summarized below
would be published if the pilot program is approved. Interested motor
carriers would be required to:
Volunteer during the announced application period.
Be able to supply control group drivers in numbers
matching the study group drivers to be employed.
Agree to comply with all pilot program procedures.
Agree to submit required pilot program data and reports.
Purchase, install and operate an ELD in each truck used in
the pilot program study.
Monitor and report safety records of study and control
group members as required by FMCSA.
Have a good safety record, to include appropriate Safety
Measurement System (SMS) status, registration, operating authority,
financial responsibility, and other Agency records.
B. Under-21 Applicants (Study Group Drivers)
Details of each requirement for study group applicants summarized
below would be published if the pilot program is approved. Interested
drivers would be required to:
Volunteer.
Be 18, 19, or 20 years of age as of the date they are
approved by FMCSA for participation.
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Have certification from a military service of training and
experience in driving heavy vehicles while in military service, as
described in Section IX of this notice.
Agree to the release of specific information to FMCSA for
purposes of the pilot.
Agree to the use of ELDs.
Have no disqualifications, suspensions, or license
revocations within past 3 years; or be under any out-of-service order.
Meet all FMCSR requirements (except age) for operating a
CMV in interstate commerce.
Operate primarily in interstate commerce if selected.
Not transport passengers or hazardous materials, or
operate double- or triple-trailer combinations or cargo tank vehicles
while participating in the pilot, regardless of any license
endorsements held.
C. Control Group Drivers
Details of each requirement for control group drivers summarized
below would be published if the pilot program is approved. Control
group drivers would be required to:
Volunteer.
Possess a valid CDL.
Be a full-time driver for participating motor carrier.
Have no disqualifications, suspensions, or license
revocations within past 3 years; or be under any out-of-service order.
Agree to the use of ELDs.
Agree to release of specified information for pilot
program.
Have training and experience comparable to study group
drivers, regardless of the source.
Be 21 to 26 years old at time of acceptance into the
pilot.
VII. Application Process
A. Motor Carriers
Contact the pilot project manager to arrange a brief no-
obligation preliminary interview via telephone.
Complete and file with FMCSA the application for
participation that is proposed to include identification information on
the carrier; number of study/control group participants the carrier is
willing to sponsor; nature of duties of study and control group
drivers, to include reporting typical hours worked and miles traveled.
Designate a pilot program coordinator.
B. Under-21 Applicants (Study Group Drivers)
Obtain from commanding officer, or his or her official
designee, a certification \3\ that the applicant had formal training
and experience in the operation of heavy motor vehicles while in
military service.
---------------------------------------------------------------------------
\3\ Form to be developed.
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Contact approved participating carrier(s) to determine the
availability of positions and their qualification requirements.
Complete any documents prescribed by FMCSA for
participation.
C. Control Group Drivers
Participating carriers would solicit qualifying volunteer
drivers from among existing employees in numbers equal to study group
participants; and
Complete any documents prescribed by FMCSA for
participation.
VIII. Data Collection Plan
Details of the data collection plan for this proposed pilot program
would be developed based on comments to the docket and further review
by analysts. The factors to be collected from each participating driver
before and during the pilot program may include, but are not limited
to, (1) details of any past CMV driving experience and demographic
information, to assess qualification for participation in the study
and/or control groups; (2) crashes (to be specified); (3) any traffic
citations or warnings received while driving a CMV; (4) any violations
or warnings listed on a CMV inspection report when the participating
driver was operating the vehicle, and (5) detailed 24-hour records of
activity to include CMV hours-of-service logs or electronic records.
Some of this information normally should be automatically reported to
FMCSA; however, due to possibility of delays in reporting and
inaccurate data in some instances, the participating carrier would be
asked to collect the information from all participating drivers and
report it to FMCSA in a designated format. Other information that may
be needed, such as VMT, would also be collected through the
participating carrier. Every effort would be made to minimize the
burden on the carrier in collecting and reporting this data.
IX. Armed Forces Heavy-Vehicle Driver Training Programs
Four branches of the Department of Defense--the Army, Air Force,
Navy, and Marine Corps--provide specific training dedicated to
operating heavy-duty vehicles. There are three basic job training
classifications with additional training for other types of heavy-duty
specialty vehicles (e.g., gasoline haulers, construction vehicles, and
military equipment transport oversize/overweight [non-track vehicles]).
There are four core training programs for heavy vehicle operations,
based on the occupational specialty code of the service member:
Army--88M--Motor Transport Operator.
Air Force--2T1--Vehicle Operations.
Marine Corps--3531--Motor Vehicle Operator.
Navy--EO--Equipment Operator.
These four are not the only occupational specialty codes that the
Agency may designate to participate in the pilot. Comments and data are
requested for additional military occupational specialty codes or
equivalent that should be included.
Army--88M Training
The 88M Instructor Training Manual is 142 pages long. The student
manual--STP 55-88M14-SM-TG Soldier's Manual and Trainer's Guide 88M,
Motor Transport Operator--is 229 pages long and includes 4 levels of
training. The 6-week core curriculum of the Army 88M course contains a
total of 221 hours of training, including:
Lecture--32 classroom hours.
Practical application--road driving--189 hours.
Motor Transport Operators are primarily responsible for operating
wheeled vehicles to transport personnel and cargo. Motor Transport
Operator duties include: Interior components/controls and indicators;
basic vehicle control; driving vehicles over all types of roads and
terrain, traveling alone or in convoys; braking, coupling, backing, and
alley docking; adverse/tactical driving operations; pre-trip
inspections; reading load plans; checking oil, fuel and other fluid
levels, as well as tire pressure; operations in automatic and manual
modes; crash prevention; safety check procedures; basic vehicle
maintenance and repairs; transporting hazardous materials; and keeping
mileage records.
Air Force--2T1--Vehicle Operations
The Air Force Tractor Trailer Plan of Instruction (POI) is 226
pages long. The minimum length of instruction for the basic school is
84 hours, including 22 hours of classroom and 62 hours of hands-on
activity, both alone on a training pad and on the road with an
instructor. The core curriculum is based on the material in the
American Association of Motor Vehicle Administrators (AAMVA) CDL
Manual--2005 edition (2014 revised). Students participating in the
basic 2T1 curriculum learn general principles in
[[Page 56749]]
the classroom. Specialized training occurs at the installation using
the Tractor Trailer Plan of Instruction. A minimum of 40 hours over-
the-road time is expected on each vehicle/trailer type.
Topics covered in the Air Force Vehicle Operations course include:
Overview of training and Federal requirements; Federal motor vehicle
safety standards; tractor/trailer design; hazards and human factors
relative to the environment where used; safety clothing and equipment;
driving safely; pre- and post-trip vehicle inspection; basic vehicle
control; shifting gears; managing space and speed; driving in
mountains, fog, winter, very hot weather, and at night; railroad
crossings; defensive awareness to avoid hazards and emergencies; skid
control and recovery; what to do in case of a crash; fires; staying
alert and fit to drive; hazardous materials--rules for all commercial
drivers; preparing, inspecting, and transporting cargo safely;
inspecting and driving with air brakes; driving combination vehicles
safely; and coupling and uncoupling.
Marine Corps--3531--Motor Vehicle Operator
The core curriculum of the Marine Corps 3531 course--TM 11240-15/3G
contains three training areas:
Lecture--24 classroom hours.
Demonstration--classroom/training pad--35 hours.
Practical application--road driving--198 hours.
Instructional breakout includes:
Demonstration: 35 hours.
Guided discussion: 1.5 hours.
Lecture: 24 hours.
Performance examination: 62 hours.
Practical application (individual): 198 hours.
Written examination: 7 hours.
Classroom instruction includes lectures, demonstration, and
practice time for the specific tasks identified. Each classroom session
includes written and performance evaluations to ensure students have
mastered all of the learning objectives for the specialty proficiency.
Training includes both simulators and actual vehicle operation.
Practical training includes on-the-road and skills operations, ground
guide procedures, and operating a vehicle with a towed load. Students
practice their driving and backing, with and without a trailer.
Instructors ride with the students as they operate on approved road
routes. Specific training areas (pads) are set aside for the students
to practice their backing skills and ground guide procedures safely.
The Marine Corps training curriculum also includes emergency
procedures and cargo loading.
Navy--EO--Equipment Operator
The core curriculum of the USN Heavy Vehicle Operator (Truck
Driver) (EO) course (53-3032.00) is designed to train Navy personnel
how to operate passenger and cargo vehicles to rated capacity. They
palletize, containerize, load and safely transport various types of
cargo and demonstrate knowledge and skills for qualifying as a driver
journeyman. The complete program covers topics including:
Hazardous materials transportation
Line haul planning
Manual tractor-truck operations
Vehicle Recovery Operations
The course is taught over 160 hours including 30 hours classroom
and 130 hours lab (behind the wheel). By completing this course, the
Navy driver will be able to:
1. Perform the duties of normal, non-combat conditions driving in
accordance with the local state driver licensing agency's CDL driver
handbook;
2. Manage hazardous petroleum, oils and lubricants (POL) material
required during line haul and worksite activities, to support normal,
non-combat operations;
3. Perform preventive maintenance on a non- or up-armored manual
truck tractor with drop-neck trailer, consisting of pre-start, during-
operations, and after-operations equipment checks, to support normal,
non-combat operations, in accordance with local State Driver License
Agency CDL handbooks;
4. Operate vehicle controls of a non- or up-armored manual truck-
tractor, to support normal, non-combat operations; and
5. Be proficient with the components and controls of a drop-neck
trailer relative to a detached/attached gooseneck and a coupled/
uncoupled trailer.
Other topics covered within the Navy EO training program include:
Development and maintenance of operational records
Operation of high mobility multi-purpose wheeled vehicles
Weight distribution and load securement
Loading bulk and container cargo
Preventive maintenance
Pre- and post- trip vehicle safety inspections
X. Paperwork Reduction Act
The proposed pilot program would require participating motor
carriers to collect, maintain, and report to FMCSA certain information
about their employed/sponsored drivers who are participating in the
pilot program. This would include identifying information and safety
performance data for use in analyzing the drivers' safety history. The
Agency would develop forms to promote uniformity in the data collected
by the pilot carriers.
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 would 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 the Office of Management and Budget
(OMB) as a formal information collection request (ICR); the Agency
cannot conduct the information collection until OMB approves the ICR.
FMCSA asks for comment on the IC requirements of this proposal. The
Agency's analysis of these comments would be used in devising the
Agency's estimate of the IC burden of the pilot program. Comments can
be submitted to the docket as outlined under ADDRESSES at the beginning
of this notice. Specifically, the Agency asks for comment on: (1) How
useful the information is and whether it can help FMCSA perform its
functions better; (2) how the Agency can improve the quality of the
information being collected; (3) the accuracy of FMCSA's estimate of
the burden of this IC; and (4) how the Agency can minimize the burden
of collection.
Because this is a proposed pilot program in which certain aspects--
such as the content of forms and reports--have not been finalized, the
Agency is not posting possible IC burden data at this time. If the
pilot program is to be implemented, this information would be posted at
a later date and additional comments would be taken.
XI. Removal From the Program
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.
XII. Request for Public Comments
The following questions identify input desired by FMCSA.
Instructions
[[Page 56750]]
for filing comments to the public docket are included earlier in this
notice. Persons are encouraged to respond wherever possible, but
comments are not limited to replies to these questions:
1. Are any additional safeguards needed to ensure that the pilot
program provides a level of safety equivalent to that without the age
exemption?
2. Would carriers be able to obtain enough volunteer drivers to
serve in the control group?
3. Do ``comparable levels of training and experience'' need to be
defined more precisely? If so, what levels would you suggest?
4. Are traffic violations, crashes, and inspection violations
adequate to allow a comparison of safety records? If not, what other
safety performance measures should be included?
5. If drivers reach age 21 while in the study group, should they be
removed from the pilot and replaced with a different driver meeting the
eligibility criteria?
6. Are the data collection efforts proposed so burdensome for
carriers as to discourage their participation?
7. Are there carriers currently using onboard monitoring on all
their CMVs that are willing to participate in the study? Is onboard
monitoring of pilot program drivers needed to assess their safety
performance?
Issued on: August 11, 2016.
T.F. Scott Darling, III,
Administrator.
[FR Doc. 2016-19948 Filed 8-19-16; 8:45 am]
BILLING CODE 4910-EX-P
