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, 31633-31638 [2018-14025]
Download as PDF
<![CDATA[
daltland on DSKBBV9HB2PROD with NOTICES
Federal Register / Vol. 83, No. 130 / Friday, July 6, 2018 / Notices
any given time, an estimated 70 carriers
will participate throughout the 3-year
study due to carriers leaving the study
and needing to be replaced.
FMCSA expects to include an average
of 600 drivers in the study per year (200
control group, 200 intrastate, and 200
covered drivers). Because of relatively
high turnover in the motor carrier
industry and given that many covered
drivers will turn 21 through the course
of the pilot program (and therefore no
longer be considered covered drivers),
participating motor carriers will need to
work with the project team to add
additional drivers to the program over
time. An estimated 300 replacement
drivers (100 control group, 100
intrastate, and 100 covered) will
participate during each year of the 3year program due to expected 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 intoxicate), 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. In addition, the
definition of CMVs is limited to trucks
not in special configurations or involved
in the transport of hazardous materials.
IV. 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
VerDate Sep<11>2014
18:25 Jul 05, 2018
Jkt 244001
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.
V. Request for Public Comments
FMCSA asks for comment on the IC
requirements of this pilot. Comments
can be submitted to the docket as
outlined under ADDRESSES at the
beginning of this notice. You are asked
to comment on any aspect of this
information collection, including:
1. Whether there are specific criteria
that should make a driver ineligible to
participate in the program.
2. Whether there are specific criteria
that should make a carrier ineligible to
participate in the program.
3. Whether the proposed collection is
necessary for the performance of
FMCSA’s functions.
4. Whether additional items should be
reported to FMCSA within 24 hours
other than a driver being involved in a
crash with injury or fatality, a driver
receiving an alcohol-related citation, a
driver choosing to leave the study, a
driver leaving a carrier, or a driver
failing a random or post-crash drug/
alcohol test.
5. The accuracy of the estimated
burdens.
6. Ways for FMCSA to enhance the
quality, usefulness, and clarity of the
collected information.
7. Ways that the burden could be
minimized without reducing the quality
of the collected information.
8. Whether the data collection efforts
proposed for carriers and drivers are
burdensome enough to discourage their
participation.
9. Whether a comparison of the
control group, intrastate driver group,
and covered driver group is likely to
produce valid conclusions.
Issued under the authority of 49 CFR 1.87
on: June 15, 2018.
Kelly Regal,
Associate Administrator, Office of Research
and Information Technology.
[FR Doc. 2018–14028 Filed 7–3–18; 4:15 pm]
BILLING CODE 4910–EX–P
PO 00000
Frm 00108
Fmt 4703
Sfmt 4703
31633
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[Docket No. FMCSA–2016–0069]
Proposed Pilot Program To Allow
Persons Between the Ages of 18 and
21 With Military Driving Experience To
Operate Commercial Motor Vehicles in
Interstate Commerce
Federal Motor Carrier Safety
Administration (FMCSA), DOT.
ACTION: Notice.
AGENCY:
On August 22, 2016, FMCSA
proposed a pilot program to meet the
requirements of section 5404 of the
Fixing America’s Surface Transportation
(FAST) Act. FMCSA proposed a pilot
program to allow a limited number of
individuals ages 18, 19, and 20 to
operate commercial motor vehicles
(CMVs) in interstate commerce, if they
have received specified heavy-vehicle
driver training while in military service
and were hired by a participating motor
carrier. This notice provides the details
of the pilot program and responds to
comments received in response to the
August 22, 2016 notice.
FOR FURTHER INFORMATION CONTACT: Mr.
Selden Fritschner, Commercial Driver’s
License Division, Federal Motor Carrier
Safety Administration, 1200 New Jersey
Avenue SE, Washington, DC 20590–
0001, by email at 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:
SUMMARY:
Definitions
For the purposes of this pilot
program, FMCSA is using the following
definitions:
Approved motor carrier—A motor
carrier approved by the Agency to use
covered drivers to operate CMVs in
interstate commerce that agrees to
provide data on covered drivers, control
drivers and/or intrastate drivers.
Control Driver—A 21 to 24-year-old
driver employed by a motor carrier with
a valid commercial driver’s license
(CDL) who operates CMVs in interstate
commerce.
Covered Driver—An 18-, 19-, or 20year-old driver with military training, in
one of the seven Military Occupational
Specialties (MOS), as defined below,
employed by an approved motor carrier,
who may operate in interstate commerce
based on the provisions of this pilot
program.
E:\FR\FM\06JYN1.SGM
06JYN1
31634
Federal Register / Vol. 83, No. 130 / Friday, July 6, 2018 / Notices
daltland on DSKBBV9HB2PROD with NOTICES
Intrastate Driver—An 18-, 19-, or 20year-old driver employed by a motor
carrier who may operate a CMV only in
intrastate commerce.
Military Occupational Specialties
(MOS)—For the purposes of this Federal
Register notice, this term is used as a
generic term for all military job
classifications that include: 88M—
Motor Transport Operator (Army),
92F—Fueler (Army), 2T1—Vehicle
Operations (Air Force), 2Fo—Fueler (Air
Force), 3E2—Pavement and
Construction Equipment (Air Force),
E.O.—Equipment Operator (Navy), and
3531—Motor Vehicle Operator (Marine
Corps).
Legal Basis
As noted in the August 22, 2016,
Federal Register notice, Section 4007 of
the Transportation Equity Act for the
21st Century (TEA–21) (Pub. L. 105–
178, 112 Stat. 107) amended 49 U.S.C.
31315 and 31136(e) to give the Secretary
of Transportation authority to conduct
pilot programs. Section 4007 of TEA–21
also authorizes pilot programs in which
one or more exemptions are granted to
allow for the testing of innovative
alternatives to certain Federal Motor
Carrier Safety Regulations (FMCSRs).
Section 4007 was implemented through
an interim final rule (IFR) on December
8, 1998 (63 FR 67600) and codified at
49 CFR part 381. The IFR was finalized
on August 20, 2004 (69 FR 51589). The
final rule established procedures to
propose and manage pilot programs.
FMCSA must publish in the Federal
Register a detailed description of each
pilot program, including the exemptions
being considered, and provide notice
and an opportunity for public comment
before the effective date of the program.
That requirement was fulfilled by the
August 22, 2016, notice.
The Agency is required to ensure that
the safety measures in the pilot
programs are designed to achieve a level
of safety that is equivalent to, or greater
than, the level of safety that would be
achieved through compliance with the
safety regulations. The maximum
duration of pilot programs is 3 years
from the starting date. At the conclusion
of each pilot program, FMCSA must
report to Congress its findings,
conclusions, and recommendations,
including suggested amendments to
laws and regulations that would
enhance motor carrier, CMV, and driver
safety, and improve compliance with
the FMCSRs.
Section 5404 of the FAST Act (Pub. L.
114–94, 129 Stat. 1312, 1549, Dec. 4,
2015) requires the Secretary of
Transportation to conduct a commercial
driver pilot program to ‘‘. . . study the
VerDate Sep<11>2014
18:25 Jul 05, 2018
Jkt 244001
feasibility, benefits, and safety impacts
of allowing a covered driver to operate
a commercial motor vehicle in interstate
commerce.’’ A ‘‘covered driver’’ is
defined as a member or former member
of the armed forces or reserve and
national guard components between the
ages of 18 and 21, who is qualified in
a MOS to operate a CMV or similar
vehicle. A covered driver participating
in the pilot program may not transport
passengers or hazardous cargo that
require endorsements, or operate a
vehicle in a special configuration.
Section 5404 requires this pilot program
to collect and analyze data regarding
crashes involving covered drivers
participating in the program, and
drivers under the age of 21 operating
CMVs in intrastate commerce.
Discussion of Comments and Responses
on the Notice of Proposed Pilot Program
On August 22, 2016, FMCSA
published a notice in the Federal
Register proposing this pilot program
and requesting public comment (81 FR
56745). Sixty-seven comments were
submitted to the docket; 40 favored the
pilot program and 9 opposed it. The
remaining 18 comments were a form
letter asking the Agency to either
expand the current pilot program or
initiate a new one for drivers aged 20
and under who are engaged in
agricultural operations. This request is
outside of the scope of this pilot
program as was defined by the FAST
Act.
In addition to private citizens, the
following types of entities commented
on the notice: Agricultural industry,
motor carriers, CMV drivers, insurance
industry, professional associations,
owner operators, safety advocacy
groups, State Driver License Agencies
(SDLAs), and other trade associations.
Only a handful of the 40 commenters
who favored the pilot program endorsed
it without reservation. Commenters
generally supported the pilot program,
provided FMCSA accepted their
recommendations on program
implementation. A number of
commenters, all of which are motor
carriers, supported the pilot program
and expressed their interest in
participating and employing 18 to 20year-old drivers. Those generally in
favor of the pilot program included the
Colorado Department of Revenue,
American Association of Motor Vehicle
Administrators (AAMVA), National
Propane Gas Association (NPGA),
National Limousine Association,
American Trucking Associations (ATA),
Truckload Carriers Association (TCA),
Serenity Trucking LLC, and Agricultural
Retailers Association.
PO 00000
Frm 00109
Fmt 4703
Sfmt 4703
Organizations and individual
commenters including the Commercial
Vehicle Training Association (CVTA),
the Insurance Institute for Highway
Safety (IIHS), and the Owner-Operator
Independent Drivers Association
(OOIDA) did not expressly support or
oppose the pilot program but asked for
clarifications and offered
recommendations to ensure safety.
Commenters generally opposing the
pilot program made several arguments.
The most frequent assertions were that
drivers 18 to 20 years old are more
likely to crash. This was based on the
previous efforts to lower the CMV
driving age. There was also skepticism
that drivers with military experience
will yield useful data to determine if all
18–20-year-old drivers can safely
operate CMVs. Those opposed to the
pilot program included individuals plus
representatives of the National Safety
Council, Truck Safety Coalition (TSC),
Advocates for Highway and Auto Safety
(AHAS), Parents Against Tired
Truckers, and Citizens for Reliable and
Safe Highways. The safety groups
provided data on 18 to 20-year-old
drivers to document the safety history of
this age group. Although AHAS
opposed the pilot program in general, it
did offer recommendations on the
design of the program. Some private
citizens expressed their complete
disapproval of the pilot program,
arguing that it would be a ‘‘huge
mistake’’ and ‘‘very dangerous’’ to allow
covered drivers to operate in interstate
commerce and that by doing so it would
‘‘create a higher danger for those on the
road.’’
George Kern provided statistics from
the Center for Disease Control
highlighting a variety of situations
where teens are more likely to crash.
Russ Swift opposes the pilot program
saying the data demonstrates that
younger drivers are more likely to crash
than drivers who are older than 21 years
of age. Deborah Hersman of the National
Safety Council refers to National
Highway Traffic Safety Administration
2014 data that indicated 4,272 people
were killed in crashes involving young
drivers in 2014. Additionally, Ms.
Hersman referred to a study conducted
by the University of Michigan
Transportation Research Institute that
found from 1980-1984 fatal crash,
mileage-based involvement rates for
drivers of large trucks increase with
decreasing driver age.
FMCSA’s Response: Safety is
FMCSA’s number one priority. Before a
motor carrier or driver is approved to
participate in the pilot program, FMCSA
will ensure that strict qualification
safety standards are met. If at any time
E:\FR\FM\06JYN1.SGM
06JYN1
Federal Register / Vol. 83, No. 130 / Friday, July 6, 2018 / Notices
daltland on DSKBBV9HB2PROD with NOTICES
during the pilot program, a motor carrier
or driver is not complying with the
standards, FMCSA may remove the
motor carrier and/or driver from the
pilot program. The qualification and
disqualification standards for the motor
carrier and the driver are outlined
below.
Pilot Program Design
AAMVA, CVTA, IIHS, and the
National Limousine Association offered
recommendations to improve safety and
asked for clarification on the direction
of the pilot program. AAMVA asked
how the participants in the pilot
program will be differentiated from
other commercial learner’s permit or
CDL holders.
Some commenters, including Werner
Enterprises, recommended requiring
electronic logging devices and other
electronic monitoring equipment.
Deborah Lipsitz, Matthew Kelpe, the
National Safety Council, AAMVA,
NPGA, IIHS, TSC, OOIDA, AHAS, ATA,
and Werner Enterprises provided
recommendations for the collection and
analysis of data.
The Colorado Department of Revenue,
IIHS, OOIDA, ATA, and TCA
recommended increasing the number of
covered drivers.
Werner Enterprises expressed concern
over the Agency’s lack of appropriate
crash accountability factors. Werner
Enterprises has concerns about how the
Agency is defining ‘‘good safety record’’
and the use of the Safety Measurement
System (SMS) and referenced the
Government Accountability Office
report on SMS.
AHAS noted that previous efforts to
lower the age have been consistently
rejected and provided information on
earlier efforts by the Federal Highway
Administration. Therefore, AHAS noted
that the pilot program must be designed
to collect all available safety data to
accurately assess performance. AHAS
requested that FMCSA require onboard
monitoring systems for a more accurate
picture of driver performance—hard
braking, jerking of the wheel and
alertness.
Deborah Lipsitz and Joe Book
recommended not enrolling drivers in
the pilot who have been dishonorably
discharged from the military.
The Colorado Department of Revenue
recommended lowering the age of the
control group to 21 to 24-year-old
drivers, to make the ages as close as
possible to the study group.
FMCSA Response: Approved motor
carriers will be exempted from 49 CFR
391.11(b)(1), which prohibits a person
from operating a CMV in interstate
commerce under the age of 21. The
VerDate Sep<11>2014
18:25 Jul 05, 2018
Jkt 244001
motor carriers will be provided with a
letter from FMCSA approving their use
of the approved covered drivers. A list
of covered drivers that is updated in
real-time will be available electronically
to law enforcement for confirmation
during inspections or investigations.
FMCSA does not agree with
increasing the number of covered
drivers. FMCSA believes the current
sample size is large enough to ensure
statistically valid results. More
information on the sample size and
design may be found in the Federal
Notice published elsewhere in this issue
of the Federal Register proposing the
associated Information Collection
Request (ICR). The ICR notice also
explains the Agency’s research and
analysis plans. FMCSA requests that
comments on the plan be submitted to
the docket for that notice.
FMCSA will continue to use the SMS
as a measure of a motor carrier’s
performance against its peers. The
Agency’s regulations require FMCSA to
ensure that the pilot program design
does not jeopardize safety.
FMCSA is not requiring on board
monitoring systems for this study
because it would be cost-prohibitive for
carriers to participate and may
minimize participation by smaller
carriers. For those carriers that have onboard monitoring systems, the Agency
will be requesting information from the
technology for the approved motor
carriers, but the decision of whether or
not to provide it will be the carrier’s.
FMCSA concurs with the two
commenters who opposed allowing
applicants with a dishonorable
discharge to participate in the pilot
program. The Agency made this
decision because Congress’ intent was to
initiate a pilot program using a subset of
drivers (those with military experience
and training) that had been exposed to
and demonstrated safe practices and
discipline. The Agency believes this
was to ensure maximum safety for this
effort and we believe a driver who
received a dishonorable discharge has
not demonstrated the discipline
Congress anticipated for study
participants.
The age parameters for the covered
drivers were established by the FAST
Act. Based on comments received and a
review of literature regarding young
drivers, FMCSA is revising the ages of
control group to 21–24, as suggested by
the Colorado Department of Revenue, to
capture data on a group of younger
drivers as the point of comparison. In
addition, the FAST Act requires FMCSA
to also study intrastate drivers aged 18,
19 and 20, as part of this pilot program.
PO 00000
Frm 00110
Fmt 4703
Sfmt 4703
31635
Training for Covered Drivers
CVTA, ATA, and TCA recommended
that the Agency require certain levels of
training consistent with the Entry Level
Driver Training (ELDT) standards.
CVTA and Werner Enterprises pointed
out that there are differences between
military and civilian training;
specifically, the military does not teach
drivers about log books and the
FMCSRs. OOIDA recommended that
FMCSA require applicants and
participants in the pilot program to have
experience operating a heavy motor
vehicle while in military service and
verification of the types of vehicles the
covered drivers were trained on and
drove for the military. Both AHAS and
TSC commented that FMCSA should
ensure that behind the wheel training is
provided, including skills needed to
deal with critical safety events requiring
hard braking or jerking the wheel, and
to avoid distracted driving. Two private
citizens recommended that drivers to be
required to provide proof of training and
experience in the military.
FMCSA’s Response: A covered driver
is an individual who is 18, 19 or 20
years old; a current or former member
of the armed forces, reserve, or national
guard components; and is qualified in
one of the following seven MOS: 88M—
Motor Transport Operator (Army),
92F—Fueler (Army), 2T1—Vehicle
Operations (Air Force), 2Fo—Fueler (Air
Force), 3E2—Pavement and
Construction Equipment (Air Force),
E.O.—Equipment Operator (Navy), and
3531—Motor Vehicle Operator (Marine
Corps). Military personnel qualified in
these job classifications receive
extensive training and experience that
goes beyond the ELDT requirements.
FMCSA has carefully reviewed both the
knowledge and skills training and, along
with AAMVA, the testing of graduates
of these seven MOS. Each of the seven
MOS provides more than 160 hours of
training on all vehicles in the military
vehicle fleet. Subsequently, each
qualified serviceman is licensed on the
individual vehicle, and retested each
time he or she changes commands. In
addition, members of the military
receive recurring training.
FMCSA recognizes there may be an
experience gap, as noted by CVTA and
TCA. Both mention that military
personnel are not taught about the
requirements of the FMCSRs,
specifically records of duty status and
hours of service. The motor carriers that
participate in the pilot program will be
responsible for training the covered
drivers on the FMCSRs to ensure that
the pilot program drivers are in
compliance. In addition, 49 CFR
E:\FR\FM\06JYN1.SGM
06JYN1
31636
Federal Register / Vol. 83, No. 130 / Friday, July 6, 2018 / Notices
390.3(e) requires motor carriers to have
knowledge of, and comply with, all
applicable FMCSRs. Also, drivers must
demonstrate knowledge of the FMCSRs,
in order to successfully pass the CDL
knowledge and skills tests.
Publication of the Study Results
The IIHS urged FMCSA to conduct
the strongest possible study due to crash
risk. Three commenters requested that
FMCSA share the data generated by the
pilot program.
FMCSA’s Response: FMCSA will fully
analyze the results of the pilot study
and will determine the feasibility,
benefits, and safety impacts of allowing
a covered driver to operate a CMV in
interstate commerce. The results of this
pilot program will be conveyed to
Congress and be publicly available.
daltland on DSKBBV9HB2PROD with NOTICES
General Comments to the Notice
Several commenters provided
additional recommendations.
William Young and other commenters
recommended the program be managed
similar to State Graduated Driver
License programs which include
specified times and driving conditions
for the covered drivers.
FMCSA’s Response: Limiting how
much the covered drivers may operate
would negatively impact the pilot
program in several ways. First, if
covered drivers operate differently than
control group drivers, the data will not
be comparable and will negatively
impact the Agency’s ability to reach
conclusions at the end of the pilot
program. Second, limiting how
approved motor carriers may use the
covered drivers may reduce interest in
the pilot program and jeopardize the
Agency’s ability to execute a statistically
valid pilot program.
In addition, each of the covered
drivers will be hired and monitored by
motor carriers approved by FMCSA in
accordance with the program
guidelines. The motor carriers will
monitor each of the covered drivers just
as they would all their drivers. FMCSA
has established an internal process to
monitor both the carrier and pilot
program drivers to ensure highway
safety is maintained.
Comments: Deborah Lipsitz, Matthew
Kelpe, AAMVA, the Colorado
Department of Revenue, IIHS, NPGA,
the ATA, and TCA expressed concerns
about various aspects of the study
protocol, including the group size,
technology/collection, geographical
distribution of the covered and control
groups, critical safety factors, and
specific requirements for data collection
parameters.
VerDate Sep<11>2014
18:25 Jul 05, 2018
Jkt 244001
FMCSA’s Response: Details of the
proposed analysis methodologies and
statistical methods may be found in the
60-day notice of proposed information
collection published elsewhere in
today’s Federal Register. The
parameters described have been peer
reviewed and those comments are
likewise posted in the 60-day notice.
Age, maturity levels, and experience are
crucial factors in a driver’s safety
performance. Trying to compare the
performance of an 18-, 19-, or 20-yearold to a 21-, 22-, 23- or 24-year-old will
provide a much more accurate
comparison than trying to compare an
18-, 19-, or 20-year-old to someone 30 or
older. Our control group is similar to an
insurance age bracket, which tends to
show an increase in safety after 25 years
of age. While the data analysis is largely
dependent upon the type, amount, and
quality of the data received, the research
team will conduct as thorough of an
analysis as possible.
Comments: The Colorado Department
of Revenue and OOIDA expressed
concerns about verification of covered
drivers by law enforcement during
inspections. OOIDA recommended that
some sort of decal or cab card be
provided to drivers in the study.
FMCSA’s Response: FMCSA will
maintain a list of approved motor
carriers and covered drivers in the
Query Central system. In addition, the
covered drivers will be required to carry
a copy of a letter from FMCSA to the
approved motor carrier and present the
letter during inspections or other
encounters with law enforcement.
Pilot Program Requirements and
Procedures
Information Collection Requirements
As indicated above, the 60-day notice
for the ICR associated with this pilot
program is published separately in
today’s Federal Register. The ICR
includes the application and consent
forms for motor carriers, covered
drivers, control group drivers, and
intrastate drivers providing information
for the pilot program. The ICR also
explains the Agency’s hypotheses for
the pilot program, monthly reporting
requirements, and ICR burdens.
The ICR has a 60-day comment
period. After review of comments
received, FMCSA will make any
necessary adjustments on the ICR
documents and will publish a
subsequent notice advising that the ICR
has been submitted to the Office of
Management and Budget (OMB).
PO 00000
Frm 00111
Fmt 4703
Sfmt 4703
Announcement of Pilot Program Start
Upon approval of the ICR by OMB,
FMCSA will publish, on the Agency’s
website at www.fmcsa.dot.gov, an
announcement that applications are
being accepted for participation in the
pilot program. The website will also
provide links to the application forms
and other helpful information for motor
carriers and military drivers interested
in participating in the pilot program.
Motor Carriers
FMCSA expects to need 70 motor
carriers to hire at least 200 covered
drivers and with 200 control group
drivers and/or 200 intrastate drivers, so
that the pilot program anticipates the
results/data will allow for conclusions
within a confidence level of 0.95 (i.e.,
significance level of 0.05) and statistical
power of 80 percent. More information
on the statistical design of the study can
be found in Federal Docket FMCSA–
2017–0196.
When FMCSA announces approval of
the ICR, interested motor carriers will be
required to complete the application
form. To qualify for participation, the
motor carrier must meet the following
standards:
1. Must have proper operating
authority, if required, and registration;
2. Must have the minimum levels of
financial responsibility;
3. Must not be a high or moderate risk
motor carrier as defined in the Agency’s
Federal Register notice titled,
‘‘Notification of Changes to the
Definition of a High Risk Motor Carrier
and Associated Investigation’’ published
on March 7, 2016 (81 FR 11875);
4. Must not have a conditional or
unsatisfactory safety rating;
5. Must not have any open or closed
enforcement actions within the past 6
years;
6. Must not have a crash rate above
the national average;
7. Must not have a driver Out-ofService (OOS) rate above the national
average; and
8. Must not have a vehicle OOS rate
above the national average.
In addition, unpaid civil penalties
may be grounds to deny participation in
the pilot program.
FMCSA will give priority to
applications from motor carriers that
can supply control group drivers in
numbers matching the number of
covered drivers to be employed.
However, FMCSA may include motor
carriers for participation that can only
hire covered drivers, control group
drivers, or intrastate drivers, if needed
to collect sufficient data for the pilot
program.
E:\FR\FM\06JYN1.SGM
06JYN1
daltland on DSKBBV9HB2PROD with NOTICES
Federal Register / Vol. 83, No. 130 / Friday, July 6, 2018 / Notices
Approval for participation in the pilot
program will also be dependent on the
motor carrier’s agreement to comply
with all pilot program procedures,
including the monthly submission of
data.
Approved motor carriers will be
provided a letter acknowledging
FMCSA’s approval, the carrier’s
acceptance into the pilot program, and
the company’s exemption to allow
approved covered drivers to operate in
interstate commerce. Approved motor
carriers will be publicly announced on
the Agency’s website to encourage
potential covered drivers to apply
through the identified carriers for
participation.
FMCSA will monitor motor carrier
and driver performance throughout the
pilot program to ensure safety. Motor
carriers may be disqualified from the
pilot program if the:
1. Carrier does not have proper
operating authority, if required, and
registration;
2. Carrier does not have the minimum
levels of financial responsibility;
3. Carrier is prioritized as a high
risk; 1
4. Carrier is prioritized as a moderate
risk for 2 consecutive months;
5. Carrier receives a conditional or
unsatisfactory safety rating;
6. Carrier is the subject of an open
Federal enforcement action pending
review (e.g., Imminent Hazard, OOS,
Patterns of Safety Violations).
Enforcement actions resulting in civil
penalties will be reviewed on a case-bycase basis.
7. Carrier has a crash rate above the
national average for 3 consecutive
months;
8. Carrier has a driver OOS rate above
the national average for 3 consecutive
months;
9. Carrier has a vehicle OOS rate
above the national average for 3
consecutive months; or
10. Carrier failed to report monthly
data as required.
FMCSA reserves the right to remove
a carrier from the program at its
discretion if it is determined there is a
safety risk.
As noted in the associated ICR
documents, approved carriers will be
required to submit monthly reports of
data. In addition, motor carriers will be
required to advise FMCSA if a
participating driver is involved in a
crash with injury or fatality; a driver is
convicted of a major or serious offense
1 Notification of Changes to the Definition of a
High Risk Motor Carrier and Associated
Investigation Procedures (81 FR 11875) published
March 7, 2016.
VerDate Sep<11>2014
18:25 Jul 05, 2018
Jkt 244001
in accordance with 49 CFR 383.51; a
participating pilot, control or intra-state
driver leaves the carrier; or if a
participating driver fails a drug test.
If a carrier fails to provide the
required data on time, this may be
grounds for removal from the pilot
program.
Covered Drivers
Interested drivers must obtain from
their commanding officer, or the official
designee, certification that the applicant
had formal training and experience in
the operation of heavy motor vehicles
while in military service in one of the
following MOS:
1. 88M—Motor Transport Operator
(Army)
2. 92F—Fueler (Army)
3. 2T1—Vehicle Operations (Air
Force)
4. 2Fo—Fueler (Air Force),
5. 3E2—Pavement and Construction
Equipment (Air Force)
6. E.O.—Equipment Operator (Navy);
or
7. 3531—Motor Vehicle Operator
(Marine Corps).
A motor carrier may not approve a
covered driver for participation in the
pilot program if during the 2-year period
immediately preceding the date of hire,
the covered driver:
1. Had more than one license (except
for a military license);
2. Had his or her license suspended,
revoked, cancelled or disqualified for a
violation related to 49 CFR 383.51 in the
home State of record or any State;
3. Had any conviction for a violation
of military, State or local law relating to
motor vehicle traffic control (other than
parking violation) arising in connection
with any traffic crash and have no
record of a crash in which he/she was
at fault; or
4. Has been convicted of any
violations described below in any type
of motor vehicle.
Æ Has been under the influence of
alcohol as prescribed by State law;
Æ Has been under the influence of a
controlled substance;
Æ Had an alcohol concentration of
0.04 or greater while operating a CMV;
Æ Refused to take an alcohol test as
required by a State under its implied
consent laws or regulations as defined
in 49 CFR 383.72;
Æ Left the scene of a crash;
Æ Used the vehicle to commit a
felony;
Æ Drove a CMV while his or her CDL
is revoked, suspended, cancelled; or he
or she is disqualified from operating a
CMV;
Æ Caused a fatality through the
negligent operation of a CMV (including
PO 00000
Frm 00112
Fmt 4703
Sfmt 4703
31637
motor vehicle manslaughter, homicide
by motor vehicle, or negligent
homicide);
Æ Had more than one conviction for
any of the violations described below in
any type of motor vehicle;
Æ Drove recklessly, as defined by
State or local law or regulation
(including offenses of driving a motor
vehicle in willful or wanton disregard
for the safety of persons or property);
Æ Drove a CMV without obtaining a
CDL;
Æ Violated a State or local law or
ordinance on motor vehicle traffic
control prohibiting texting while
driving; or
Æ Violated a State or local law or
ordinance on motor vehicle traffic
control restricting or prohibiting the use
of a hand held mobile telephone while
driving.
If the motor carrier agrees to sponsor/
hire the driver, the covered driver must
also agree to the release of specific
information to FMCSA for purposes of
the pilot program, as is noted in the ICR
notice published in today’s Federal
Register.
If at any time while participating in
this pilot program, a driver is
disqualified for a major offense, serious
traffic violations, railroad-highway
grade crossing, or violation of an out-ofservice order, as outlined in 49 CFR
383.51 of the FMCSRs, he or she will be
disqualified/removed from the program.
Approved covered drivers may not
transport passengers or hazardous
materials, or operate double- or tripletrailer combinations or cargo tank
vehicles while participating in the pilot
program, regardless of any license
endorsements held.
If a driver reaches age 21 during the
pilot program, the driver will no longer
be considered a covered driver.
However, FMCSA expects the motor
carrier to submit monthly data on the
driver for the remainder of the pilot
program to provide additional data for
consideration.
If a covered driver leaves the
approved motor carrier during the pilot
program, he/she is not approved to
operate in interstate commerce unless
re-employed with another approved
motor carrier participating in the pilot
program. If a covered driver leaves the
employment of the approved motor
carrier, FMCSA must be advised within
5 days. A new covered driver
application must be submitted for any
new/additional hires by the approved
motor carrier so that FMCSA can verify
eligibility as part of the Agency’s
oversight of the pilot program.
E:\FR\FM\06JYN1.SGM
06JYN1
31638
Federal Register / Vol. 83, No. 130 / Friday, July 6, 2018 / Notices
Control Group
Control group drivers must be 21 to
24 years old. These drivers will be
required to possess a valid CDL; drive
for the participating motor carrier; have
no disqualifications, suspensions, or
license revocations within past 3 years;
or be subject to any OOS order; and
agree to the release of specified
information for use in assessing the
safety of covered drivers in pilot
program.
Intrastate Drivers
Section 5404 of the FAST Act requires
FMCSA to compare the covered drivers
to other 18-, 19-, and 20-year-old drivers
operating CMVs in intrastate commerce,
and specifically to analyze crash rates.
Motor carriers with intrastate drivers
who are 18, 19 or 20 years old will be
asked to provide the monthly report
data on these drivers too, as a condition
of participating in this pilot program.
Monitoring and Oversight
FMCSA will review both monthly
data submitted by approved motor
carriers and its own databases
including, but not limited to, the Motor
Carrier Management Information
System, Safety Measurement System,
Commercial Driver License Information
System, and the Licensing and
Insurance system. FMCSA reserves the
right to remove any motor carrier or
driver from the pilot program for
reasons including, but not limited to,
failing to meet any of the requirements
of the program.
Length of Program
FMCSA expects this program to run 3
years but may conclude the program
sooner if there is sufficient data to
analyze the safety of covered drivers.
Issued on: June 7, 2018.
Raymond P. Martinez,
Administrator.
[FR Doc. 2018–14025 Filed 7–3–18; 4:15 pm]
BILLING CODE 4910–EX–P
DEPARTMENT OF TRANSPORTATION
[DOT–OST–2018–0070]
daltland on DSKBBV9HB2PROD with NOTICES
Notice of Solicitation of Nominations
for Membership for the DOT Advisory
Committee on Human Trafficking
Office of the Secretary, U.S.
Department of Transportation (DOT).
ACTION: Notice of solicitation of
nominations for membership.
AGENCY:
Pursuant to Section 5,
Establishment of the Department of
Transportation Advisory Committee on
SUMMARY:
VerDate Sep<11>2014
18:25 Jul 05, 2018
Jkt 244001
Human Trafficking, of the Combating
Human Trafficking in Commercial
Vehicles Act, the Secretary of
Transportation (Secretary) requests
nominations for membership on an
advisory committee on human
trafficking (Committee).
DATES: Nominations for Committee
members must be received on or before
5:00 p.m. ET on August 20, 2018. The
Agency encourages nominations
submitted any time before the deadline.
After that date, the Department will
continue to accept nominations under
this notice to fill any vacancies that may
arise.
ADDRESSES: Interested candidates may
submit a completed application by one
of the following methods:
• Email: trafficking@dot.gov. Subject
Line: Nominations for the Advisory
Committee on Human Trafficking.
• Mail: Attention: Nominations for
the Advisory Committee on Human
Trafficking, Nicole Bambas, Senior
Advisor, Office of International
Transportation and Trade, Room W86–
419, U.S. Department of Transportation,
1200 New Jersey Ave. SE, Washington,
DC 20590. Please include name, mailing
address, and telephone number.
FOR FURTHER INFORMATION CONTACT:
Nicole Bambas, Senior Advisor, Office
of International Transportation and
Trade, at trafficking@dot.gov or (202)
366–5058.
SUPPLEMENTARY INFORMATION:
I. Who should be considered for
nomination as Committee members?
The Department of Transportation
seeks nominations for members of the
advisory committee on human
trafficking. The Secretary of
Transportation will appoint up to 15
external stakeholder Committee
members including representatives
from—(A) trafficking advocacy
organizations; (B) law enforcement; and
(C) trucking, bus, rail, aviation,
maritime, and port sectors, including
industry and labor. Committee members
will be selected with a view towards
achieving diverse experience and
background that will enable Committee
members to provide balanced points of
view with regard to carrying out the
duties of the Committee. Committee
members shall serve for the life of the
Committee.
The Committee will provide
information, advice, and
recommendations to the U.S. Secretary
of Transportation on matters relating to
human trafficking, and develop
recommended best practices for states
and state and local transportation
stakeholders in combating human
PO 00000
Frm 00113
Fmt 4703
Sfmt 4703
trafficking. The best practices must be
user-friendly, incorporating the most up
to date technology, and shall be
developed based upon multidisciplinary
research, promising evidence-based
models and programs. The content for
the best practices must include sample
training materials, strategies to identify
victims, and sample protocols and
recommendations. The sample protocols
and recommendations will include: (1)
Strategies to collect, document, and
share data across systems and agencies,
(2) strategies that will help agencies
better understand the types of
trafficking involved, the scope of the
problem, and the degree of victim
interaction with multiple systems, and
(3) strategies to identify effective
pathways for State agencies to utilize
their position in educating critical
stakeholder groups and assisting
victims.
Registered lobbyists are prohibited
from serving on Federal advisory
committees in their individual
capacities. The prohibition does not
apply if registered lobbyists are
specifically appointed to represent the
interests of a nongovernmental entity, a
recognizable group of persons or
nongovernmental entities (an industry
sector, labor unions, environmental
groups, etc.) or State or local
governments. Registered lobbyists are
lobbyists required to comply with
provisions contained in the Lobbying
Disclosure Act of 1995 (Pub. L. 110–81).
II. Do advisory committee on human
trafficking members receive
compensation and/or per diem?
While attending meetings or when
otherwise engaged in Committee
business, Committee members may be
reimbursed for travel and per diem
expenses as permitted under applicable
Federal travel regulations.
Reimbursement is subject to funding
availability. Committee members will
receive no salary or other compensation
for participation in Committee
activities.
III. What is the process for submitting
nominations?
Individuals can self-apply or be
nominated by any individual or
organization. To be considered for the
Committee, nominators should submit
the following information:
(1) Contact Information for the
nominee, consisting of:
a. Name
b. Title
c. Organization or Affiliation
d. Address
e. City, State, Zip
f. Telephone number
E:\FR\FM\06JYN1.SGM
06JYN1
]]>Agencies
[Federal Register Volume 83, Number 130 (Friday, July 6, 2018)]
[Notices]
[Pages 31633-31638]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-14025]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2016-0069]
Proposed Pilot Program To Allow Persons Between the Ages of 18
and 21 With Military Driving Experience To Operate Commercial Motor
Vehicles in Interstate Commerce
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: On August 22, 2016, FMCSA proposed a pilot program to meet the
requirements of section 5404 of the Fixing America's Surface
Transportation (FAST) Act. FMCSA proposed a pilot program to allow a
limited number of individuals ages 18, 19, and 20 to operate commercial
motor vehicles (CMVs) in interstate commerce, if they have received
specified heavy-vehicle driver training while in military service and
were hired by a participating motor carrier. This notice provides the
details of the pilot program and responds to comments received in
response to the August 22, 2016 notice.
FOR FURTHER INFORMATION CONTACT: Mr. Selden Fritschner, Commercial
Driver's License Division, Federal Motor Carrier Safety Administration,
1200 New Jersey Avenue SE, Washington, DC 20590-0001, by email at
[email protected], or by telephone at (202) 366-0677. If you
have questions on viewing or submitting material to the docket, contact
Docket Services, telephone (202) 366-9826.
SUPPLEMENTARY INFORMATION:
Definitions
For the purposes of this pilot program, FMCSA is using the
following definitions:
Approved motor carrier--A motor carrier approved by the Agency to
use covered drivers to operate CMVs in interstate commerce that agrees
to provide data on covered drivers, control drivers and/or intrastate
drivers.
Control Driver--A 21 to 24-year-old driver employed by a motor
carrier with a valid commercial driver's license (CDL) who operates
CMVs in interstate commerce.
Covered Driver--An 18-, 19-, or 20-year-old driver with military
training, in one of the seven Military Occupational Specialties (MOS),
as defined below, employed by an approved motor carrier, who may
operate in interstate commerce based on the provisions of this pilot
program.
[[Page 31634]]
Intrastate Driver--An 18-, 19-, or 20-year-old driver employed by a
motor carrier who may operate a CMV only in intrastate commerce.
Military Occupational Specialties (MOS)--For the purposes of this
Federal Register notice, this term is used as a generic term for all
military job classifications that include: 88M--Motor Transport
Operator (Army), 92F--Fueler (Army), 2T1--Vehicle Operations (Air
Force), 2Fo--Fueler (Air Force), 3E2--Pavement and Construction
Equipment (Air Force), E.O.--Equipment Operator (Navy), and 3531--Motor
Vehicle Operator (Marine Corps).
Legal Basis
As noted in the August 22, 2016, Federal Register notice, Section
4007 of the Transportation Equity Act for the 21st Century (TEA-21)
(Pub. L. 105- 178, 112 Stat. 107) amended 49 U.S.C. 31315 and 31136(e)
to give the Secretary of Transportation authority to conduct pilot
programs. Section 4007 of TEA-21 also authorizes pilot programs in
which one or more exemptions are granted to allow for the testing of
innovative alternatives to certain Federal Motor Carrier Safety
Regulations (FMCSRs). Section 4007 was implemented through an interim
final rule (IFR) on December 8, 1998 (63 FR 67600) and codified at 49
CFR part 381. The IFR was finalized on August 20, 2004 (69 FR 51589).
The final rule established procedures to propose and manage pilot
programs. FMCSA must publish in the Federal Register a detailed
description of each pilot program, including the exemptions being
considered, and provide notice and an opportunity for public comment
before the effective date of the program. That requirement was
fulfilled by the August 22, 2016, notice.
The Agency is required to ensure that the safety measures in the
pilot programs are designed to achieve a level of safety that is
equivalent to, or greater than, the level of safety that would be
achieved through compliance with the safety regulations. The maximum
duration of pilot programs is 3 years from the starting date. At the
conclusion of each pilot program, FMCSA must report to Congress its
findings, conclusions, and recommendations, including suggested
amendments to laws and regulations that would enhance motor carrier,
CMV, and driver safety, and improve compliance with the FMCSRs.
Section 5404 of the FAST Act (Pub. L. 114-94, 129 Stat. 1312, 1549,
Dec. 4, 2015) requires the Secretary of Transportation to conduct a
commercial driver pilot program to ``. . . study the feasibility,
benefits, and safety impacts of allowing a covered driver to operate a
commercial motor vehicle in interstate commerce.'' A ``covered driver''
is defined as a member or former member of the armed forces or reserve
and national guard components between the ages of 18 and 21, who is
qualified in a MOS to operate a CMV or similar vehicle. A covered
driver participating in the pilot program may not transport passengers
or hazardous cargo that require endorsements, or operate a vehicle in a
special configuration. Section 5404 requires this pilot program to
collect and analyze data regarding crashes involving covered drivers
participating in the program, and drivers under the age of 21 operating
CMVs in intrastate commerce.
Discussion of Comments and Responses on the Notice of Proposed Pilot
Program
On August 22, 2016, FMCSA published a notice in the Federal
Register proposing this pilot program and requesting public comment (81
FR 56745). Sixty-seven comments were submitted to the docket; 40
favored the pilot program and 9 opposed it. The remaining 18 comments
were a form letter asking the Agency to either expand the current pilot
program or initiate a new one for drivers aged 20 and under who are
engaged in agricultural operations. This request is outside of the
scope of this pilot program as was defined by the FAST Act.
In addition to private citizens, the following types of entities
commented on the notice: Agricultural industry, motor carriers, CMV
drivers, insurance industry, professional associations, owner
operators, safety advocacy groups, State Driver License Agencies
(SDLAs), and other trade associations.
Only a handful of the 40 commenters who favored the pilot program
endorsed it without reservation. Commenters generally supported the
pilot program, provided FMCSA accepted their recommendations on program
implementation. A number of commenters, all of which are motor
carriers, supported the pilot program and expressed their interest in
participating and employing 18 to 20-year-old drivers. Those generally
in favor of the pilot program included the Colorado Department of
Revenue, American Association of Motor Vehicle Administrators (AAMVA),
National Propane Gas Association (NPGA), National Limousine
Association, American Trucking Associations (ATA), Truckload Carriers
Association (TCA), Serenity Trucking LLC, and Agricultural Retailers
Association.
Organizations and individual commenters including the Commercial
Vehicle Training Association (CVTA), the Insurance Institute for
Highway Safety (IIHS), and the Owner-Operator Independent Drivers
Association (OOIDA) did not expressly support or oppose the pilot
program but asked for clarifications and offered recommendations to
ensure safety.
Commenters generally opposing the pilot program made several
arguments. The most frequent assertions were that drivers 18 to 20
years old are more likely to crash. This was based on the previous
efforts to lower the CMV driving age. There was also skepticism that
drivers with military experience will yield useful data to determine if
all 18-20-year-old drivers can safely operate CMVs. Those opposed to
the pilot program included individuals plus representatives of the
National Safety Council, Truck Safety Coalition (TSC), Advocates for
Highway and Auto Safety (AHAS), Parents Against Tired Truckers, and
Citizens for Reliable and Safe Highways. The safety groups provided
data on 18 to 20-year-old drivers to document the safety history of
this age group. Although AHAS opposed the pilot program in general, it
did offer recommendations on the design of the program. Some private
citizens expressed their complete disapproval of the pilot program,
arguing that it would be a ``huge mistake'' and ``very dangerous'' to
allow covered drivers to operate in interstate commerce and that by
doing so it would ``create a higher danger for those on the road.''
George Kern provided statistics from the Center for Disease Control
highlighting a variety of situations where teens are more likely to
crash. Russ Swift opposes the pilot program saying the data
demonstrates that younger drivers are more likely to crash than drivers
who are older than 21 years of age. Deborah Hersman of the National
Safety Council refers to National Highway Traffic Safety Administration
2014 data that indicated 4,272 people were killed in crashes involving
young drivers in 2014. Additionally, Ms. Hersman referred to a study
conducted by the University of Michigan Transportation Research
Institute that found from 1980[hyphen]1984 fatal crash,
mileage[hyphen]based involvement rates for drivers of large trucks
increase with decreasing driver age.
FMCSA's Response: Safety is FMCSA's number one priority. Before a
motor carrier or driver is approved to participate in the pilot
program, FMCSA will ensure that strict qualification safety standards
are met. If at any time
[[Page 31635]]
during the pilot program, a motor carrier or driver is not complying
with the standards, FMCSA may remove the motor carrier and/or driver
from the pilot program. The qualification and disqualification
standards for the motor carrier and the driver are outlined below.
Pilot Program Design
AAMVA, CVTA, IIHS, and the National Limousine Association offered
recommendations to improve safety and asked for clarification on the
direction of the pilot program. AAMVA asked how the participants in the
pilot program will be differentiated from other commercial learner's
permit or CDL holders.
Some commenters, including Werner Enterprises, recommended
requiring electronic logging devices and other electronic monitoring
equipment. Deborah Lipsitz, Matthew Kelpe, the National Safety Council,
AAMVA, NPGA, IIHS, TSC, OOIDA, AHAS, ATA, and Werner Enterprises
provided recommendations for the collection and analysis of data.
The Colorado Department of Revenue, IIHS, OOIDA, ATA, and TCA
recommended increasing the number of covered drivers.
Werner Enterprises expressed concern over the Agency's lack of
appropriate crash accountability factors. Werner Enterprises has
concerns about how the Agency is defining ``good safety record'' and
the use of the Safety Measurement System (SMS) and referenced the
Government Accountability Office report on SMS.
AHAS noted that previous efforts to lower the age have been
consistently rejected and provided information on earlier efforts by
the Federal Highway Administration. Therefore, AHAS noted that the
pilot program must be designed to collect all available safety data to
accurately assess performance. AHAS requested that FMCSA require
onboard monitoring systems for a more accurate picture of driver
performance--hard braking, jerking of the wheel and alertness.
Deborah Lipsitz and Joe Book recommended not enrolling drivers in
the pilot who have been dishonorably discharged from the military.
The Colorado Department of Revenue recommended lowering the age of
the control group to 21 to 24-year-old drivers, to make the ages as
close as possible to the study group.
FMCSA Response: Approved motor carriers will be exempted from 49
CFR 391.11(b)(1), which prohibits a person from operating a CMV in
interstate commerce under the age of 21. The motor carriers will be
provided with a letter from FMCSA approving their use of the approved
covered drivers. A list of covered drivers that is updated in real-time
will be available electronically to law enforcement for confirmation
during inspections or investigations.
FMCSA does not agree with increasing the number of covered drivers.
FMCSA believes the current sample size is large enough to ensure
statistically valid results. More information on the sample size and
design may be found in the Federal Notice published elsewhere in this
issue of the Federal Register proposing the associated Information
Collection Request (ICR). The ICR notice also explains the Agency's
research and analysis plans. FMCSA requests that comments on the plan
be submitted to the docket for that notice.
FMCSA will continue to use the SMS as a measure of a motor
carrier's performance against its peers. The Agency's regulations
require FMCSA to ensure that the pilot program design does not
jeopardize safety.
FMCSA is not requiring on board monitoring systems for this study
because it would be cost-prohibitive for carriers to participate and
may minimize participation by smaller carriers. For those carriers that
have on-board monitoring systems, the Agency will be requesting
information from the technology for the approved motor carriers, but
the decision of whether or not to provide it will be the carrier's.
FMCSA concurs with the two commenters who opposed allowing
applicants with a dishonorable discharge to participate in the pilot
program. The Agency made this decision because Congress' intent was to
initiate a pilot program using a subset of drivers (those with military
experience and training) that had been exposed to and demonstrated safe
practices and discipline. The Agency believes this was to ensure
maximum safety for this effort and we believe a driver who received a
dishonorable discharge has not demonstrated the discipline Congress
anticipated for study participants.
The age parameters for the covered drivers were established by the
FAST Act. Based on comments received and a review of literature
regarding young drivers, FMCSA is revising the ages of control group to
21-24, as suggested by the Colorado Department of Revenue, to capture
data on a group of younger drivers as the point of comparison. In
addition, the FAST Act requires FMCSA to also study intrastate drivers
aged 18, 19 and 20, as part of this pilot program.
Training for Covered Drivers
CVTA, ATA, and TCA recommended that the Agency require certain
levels of training consistent with the Entry Level Driver Training
(ELDT) standards. CVTA and Werner Enterprises pointed out that there
are differences between military and civilian training; specifically,
the military does not teach drivers about log books and the FMCSRs.
OOIDA recommended that FMCSA require applicants and participants in the
pilot program to have experience operating a heavy motor vehicle while
in military service and verification of the types of vehicles the
covered drivers were trained on and drove for the military. Both AHAS
and TSC commented that FMCSA should ensure that behind the wheel
training is provided, including skills needed to deal with critical
safety events requiring hard braking or jerking the wheel, and to avoid
distracted driving. Two private citizens recommended that drivers to be
required to provide proof of training and experience in the military.
FMCSA's Response: A covered driver is an individual who is 18, 19
or 20 years old; a current or former member of the armed forces,
reserve, or national guard components; and is qualified in one of the
following seven MOS: 88M--Motor Transport Operator (Army), 92F--Fueler
(Army), 2T1--Vehicle Operations (Air Force), 2Fo--Fueler (Air Force),
3E2--Pavement and Construction Equipment (Air Force), E.O.--Equipment
Operator (Navy), and 3531--Motor Vehicle Operator (Marine Corps).
Military personnel qualified in these job classifications receive
extensive training and experience that goes beyond the ELDT
requirements. FMCSA has carefully reviewed both the knowledge and
skills training and, along with AAMVA, the testing of graduates of
these seven MOS. Each of the seven MOS provides more than 160 hours of
training on all vehicles in the military vehicle fleet. Subsequently,
each qualified serviceman is licensed on the individual vehicle, and
retested each time he or she changes commands. In addition, members of
the military receive recurring training.
FMCSA recognizes there may be an experience gap, as noted by CVTA
and TCA. Both mention that military personnel are not taught about the
requirements of the FMCSRs, specifically records of duty status and
hours of service. The motor carriers that participate in the pilot
program will be responsible for training the covered drivers on the
FMCSRs to ensure that the pilot program drivers are in compliance. In
addition, 49 CFR
[[Page 31636]]
390.3(e) requires motor carriers to have knowledge of, and comply with,
all applicable FMCSRs. Also, drivers must demonstrate knowledge of the
FMCSRs, in order to successfully pass the CDL knowledge and skills
tests.
Publication of the Study Results
The IIHS urged FMCSA to conduct the strongest possible study due to
crash risk. Three commenters requested that FMCSA share the data
generated by the pilot program.
FMCSA's Response: FMCSA will fully analyze the results of the pilot
study and will determine the feasibility, benefits, and safety impacts
of allowing a covered driver to operate a CMV in interstate commerce.
The results of this pilot program will be conveyed to Congress and be
publicly available.
General Comments to the Notice
Several commenters provided additional recommendations.
William Young and other commenters recommended the program be
managed similar to State Graduated Driver License programs which
include specified times and driving conditions for the covered drivers.
FMCSA's Response: Limiting how much the covered drivers may operate
would negatively impact the pilot program in several ways. First, if
covered drivers operate differently than control group drivers, the
data will not be comparable and will negatively impact the Agency's
ability to reach conclusions at the end of the pilot program. Second,
limiting how approved motor carriers may use the covered drivers may
reduce interest in the pilot program and jeopardize the Agency's
ability to execute a statistically valid pilot program.
In addition, each of the covered drivers will be hired and
monitored by motor carriers approved by FMCSA in accordance with the
program guidelines. The motor carriers will monitor each of the covered
drivers just as they would all their drivers. FMCSA has established an
internal process to monitor both the carrier and pilot program drivers
to ensure highway safety is maintained.
Comments: Deborah Lipsitz, Matthew Kelpe, AAMVA, the Colorado
Department of Revenue, IIHS, NPGA, the ATA, and TCA expressed concerns
about various aspects of the study protocol, including the group size,
technology/collection, geographical distribution of the covered and
control groups, critical safety factors, and specific requirements for
data collection parameters.
FMCSA's Response: Details of the proposed analysis methodologies
and statistical methods may be found in the 60-day notice of proposed
information collection published elsewhere in today's Federal Register.
The parameters described have been peer reviewed and those comments are
likewise posted in the 60-day notice. Age, maturity levels, and
experience are crucial factors in a driver's safety performance. Trying
to compare the performance of an 18-, 19-, or 20-year-old to a 21-, 22-
, 23- or 24-year-old will provide a much more accurate comparison than
trying to compare an 18-, 19-, or 20-year-old to someone 30 or older.
Our control group is similar to an insurance age bracket, which tends
to show an increase in safety after 25 years of age. While the data
analysis is largely dependent upon the type, amount, and quality of the
data received, the research team will conduct as thorough of an
analysis as possible.
Comments: The Colorado Department of Revenue and OOIDA expressed
concerns about verification of covered drivers by law enforcement
during inspections. OOIDA recommended that some sort of decal or cab
card be provided to drivers in the study.
FMCSA's Response: FMCSA will maintain a list of approved motor
carriers and covered drivers in the Query Central system. In addition,
the covered drivers will be required to carry a copy of a letter from
FMCSA to the approved motor carrier and present the letter during
inspections or other encounters with law enforcement.
Pilot Program Requirements and Procedures
Information Collection Requirements
As indicated above, the 60-day notice for the ICR associated with
this pilot program is published separately in today's Federal Register.
The ICR includes the application and consent forms for motor carriers,
covered drivers, control group drivers, and intrastate drivers
providing information for the pilot program. The ICR also explains the
Agency's hypotheses for the pilot program, monthly reporting
requirements, and ICR burdens.
The ICR has a 60-day comment period. After review of comments
received, FMCSA will make any necessary adjustments on the ICR
documents and will publish a subsequent notice advising that the ICR
has been submitted to the Office of Management and Budget (OMB).
Announcement of Pilot Program Start
Upon approval of the ICR by OMB, FMCSA will publish, on the
Agency's website at www.fmcsa.dot.gov, an announcement that
applications are being accepted for participation in the pilot program.
The website will also provide links to the application forms and other
helpful information for motor carriers and military drivers interested
in participating in the pilot program.
Motor Carriers
FMCSA expects to need 70 motor carriers to hire at least 200
covered drivers and with 200 control group drivers and/or 200
intrastate drivers, so that the pilot program anticipates the results/
data will allow for conclusions within a confidence level of 0.95
(i.e., significance level of 0.05) and statistical power of 80 percent.
More information on the statistical design of the study can be found in
Federal Docket FMCSA-2017-0196.
When FMCSA announces approval of the ICR, interested motor carriers
will be required to complete the application form. To qualify for
participation, the motor carrier must meet the following standards:
1. Must have proper operating authority, if required, and
registration;
2. Must have the minimum levels of financial responsibility;
3. Must not be a high or moderate risk motor carrier as defined in
the Agency's Federal Register notice titled, ``Notification of Changes
to the Definition of a High Risk Motor Carrier and Associated
Investigation'' published on March 7, 2016 (81 FR 11875);
4. Must not have a conditional or unsatisfactory safety rating;
5. Must not have any open or closed enforcement actions within the
past 6 years;
6. Must not have a crash rate above the national average;
7. Must not have a driver Out-of-Service (OOS) rate above the
national average; and
8. Must not have a vehicle OOS rate above the national average.
In addition, unpaid civil penalties may be grounds to deny
participation in the pilot program.
FMCSA will give priority to applications from motor carriers that
can supply control group drivers in numbers matching the number of
covered drivers to be employed. However, FMCSA may include motor
carriers for participation that can only hire covered drivers, control
group drivers, or intrastate drivers, if needed to collect sufficient
data for the pilot program.
[[Page 31637]]
Approval for participation in the pilot program will also be
dependent on the motor carrier's agreement to comply with all pilot
program procedures, including the monthly submission of data.
Approved motor carriers will be provided a letter acknowledging
FMCSA's approval, the carrier's acceptance into the pilot program, and
the company's exemption to allow approved covered drivers to operate in
interstate commerce. Approved motor carriers will be publicly announced
on the Agency's website to encourage potential covered drivers to apply
through the identified carriers for participation.
FMCSA will monitor motor carrier and driver performance throughout
the pilot program to ensure safety. Motor carriers may be disqualified
from the pilot program if the:
1. Carrier does not have proper operating authority, if required,
and registration;
2. Carrier does not have the minimum levels of financial
responsibility;
3. Carrier is prioritized as a high risk; \1\
---------------------------------------------------------------------------
\1\ Notification of Changes to the Definition of a High Risk
Motor Carrier and Associated Investigation Procedures (81 FR 11875)
published March 7, 2016.
---------------------------------------------------------------------------
4. Carrier is prioritized as a moderate risk for 2 consecutive
months;
5. Carrier receives a conditional or unsatisfactory safety rating;
6. Carrier is the subject of an open Federal enforcement action
pending review (e.g., Imminent Hazard, OOS, Patterns of Safety
Violations). Enforcement actions resulting in civil penalties will be
reviewed on a case-by-case basis.
7. Carrier has a crash rate above the national average for 3
consecutive months;
8. Carrier has a driver OOS rate above the national average for 3
consecutive months;
9. Carrier has a vehicle OOS rate above the national average for 3
consecutive months; or
10. Carrier failed to report monthly data as required.
FMCSA reserves the right to remove a carrier from the program at
its discretion if it is determined there is a safety risk.
As noted in the associated ICR documents, approved carriers will be
required to submit monthly reports of data. In addition, motor carriers
will be required to advise FMCSA if a participating driver is involved
in a crash with injury or fatality; a driver is convicted of a major or
serious offense in accordance with 49 CFR 383.51; a participating
pilot, control or intra-state driver leaves the carrier; or if a
participating driver fails a drug test.
If a carrier fails to provide the required data on time, this may
be grounds for removal from the pilot program.
Covered Drivers
Interested drivers must obtain from their commanding officer, or
the official designee, certification that the applicant had formal
training and experience in the operation of heavy motor vehicles while
in military service in one of the following MOS:
1. 88M--Motor Transport Operator (Army)
2. 92F--Fueler (Army)
3. 2T1--Vehicle Operations (Air Force)
4. 2Fo--Fueler (Air Force),
5. 3E2--Pavement and Construction Equipment (Air Force)
6. E.O.--Equipment Operator (Navy); or
7. 3531--Motor Vehicle Operator (Marine Corps).
A motor carrier may not approve a covered driver for participation
in the pilot program if during the 2-year period immediately preceding
the date of hire, the covered driver:
1. Had more than one license (except for a military license);
2. Had his or her license suspended, revoked, cancelled or
disqualified for a violation related to 49 CFR 383.51 in the home State
of record or any State;
3. Had any conviction for a violation of military, State or local
law relating to motor vehicle traffic control (other than parking
violation) arising in connection with any traffic crash and have no
record of a crash in which he/she was at fault; or
4. Has been convicted of any violations described below in any type
of motor vehicle.
[cir] Has been under the influence of alcohol as prescribed by
State law;
[cir] Has been under the influence of a controlled substance;
[cir] Had an alcohol concentration of 0.04 or greater while
operating a CMV;
[cir] Refused to take an alcohol test as required by a State under
its implied consent laws or regulations as defined in 49 CFR 383.72;
[cir] Left the scene of a crash;
[cir] Used the vehicle to commit a felony;
[cir] Drove a CMV while his or her CDL is revoked, suspended,
cancelled; or he or she is disqualified from operating a CMV;
[cir] Caused a fatality through the negligent operation of a CMV
(including motor vehicle manslaughter, homicide by motor vehicle, or
negligent homicide);
[cir] Had more than one conviction for any of the violations
described below in any type of motor vehicle;
[cir] Drove recklessly, as defined by State or local law or
regulation (including offenses of driving a motor vehicle in willful or
wanton disregard for the safety of persons or property);
[cir] Drove a CMV without obtaining a CDL;
[cir] Violated a State or local law or ordinance on motor vehicle
traffic control prohibiting texting while driving; or
[cir] Violated a State or local law or ordinance on motor vehicle
traffic control restricting or prohibiting the use of a hand held
mobile telephone while driving.
If the motor carrier agrees to sponsor/hire the driver, the covered
driver must also agree to the release of specific information to FMCSA
for purposes of the pilot program, as is noted in the ICR notice
published in today's Federal Register.
If at any time while participating in this pilot program, a driver
is disqualified for a major offense, serious traffic violations,
railroad-highway grade crossing, or violation of an out-of-service
order, as outlined in 49 CFR 383.51 of the FMCSRs, he or she will be
disqualified/removed from the program.
Approved covered drivers may not transport passengers or hazardous
materials, or operate double- or triple-trailer combinations or cargo
tank vehicles while participating in the pilot program, regardless of
any license endorsements held.
If a driver reaches age 21 during the pilot program, the driver
will no longer be considered a covered driver. However, FMCSA expects
the motor carrier to submit monthly data on the driver for the
remainder of the pilot program to provide additional data for
consideration.
If a covered driver leaves the approved motor carrier during the
pilot program, he/she is not approved to operate in interstate commerce
unless re-employed with another approved motor carrier participating in
the pilot program. If a covered driver leaves the employment of the
approved motor carrier, FMCSA must be advised within 5 days. A new
covered driver application must be submitted for any new/additional
hires by the approved motor carrier so that FMCSA can verify
eligibility as part of the Agency's oversight of the pilot program.
[[Page 31638]]
Control Group
Control group drivers must be 21 to 24 years old. These drivers
will be required to possess a valid CDL; drive for the participating
motor carrier; have no disqualifications, suspensions, or license
revocations within past 3 years; or be subject to any OOS order; and
agree to the release of specified information for use in assessing the
safety of covered drivers in pilot program.
Intrastate Drivers
Section 5404 of the FAST Act requires FMCSA to compare the covered
drivers to other 18-, 19-, and 20-year-old drivers operating CMVs in
intrastate commerce, and specifically to analyze crash rates. Motor
carriers with intrastate drivers who are 18, 19 or 20 years old will be
asked to provide the monthly report data on these drivers too, as a
condition of participating in this pilot program.
Monitoring and Oversight
FMCSA will review both monthly data submitted by approved motor
carriers and its own databases including, but not limited to, the Motor
Carrier Management Information System, Safety Measurement System,
Commercial Driver License Information System, and the Licensing and
Insurance system. FMCSA reserves the right to remove any motor carrier
or driver from the pilot program for reasons including, but not limited
to, failing to meet any of the requirements of the program.
Length of Program
FMCSA expects this program to run 3 years but may conclude the
program sooner if there is sufficient data to analyze the safety of
covered drivers.
Issued on: June 7, 2018.
Raymond P. Martinez,
Administrator.
[FR Doc. 2018-14025 Filed 7-3-18; 4:15 pm]
BILLING CODE 4910-EX-P
