Proposed Pilot Program To Allow Persons Ages 18, 19, and 20 To Operate Commercial Motor Vehicles in Interstate Commerce, 55928-55934 [2020-19977]

Agencies

• Federal Motor Carrier Safety Administration
• DEPARTMENT OF TRANSPORTATION

[Federal Register Volume 85, Number 176 (Thursday, September 10, 2020)]
[Notices]
[Pages 55928-55934]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-19977]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2018-0346]


Proposed Pilot Program To Allow Persons Ages 18, 19, and 20 To 
Operate Commercial Motor Vehicles in Interstate Commerce

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

ACTION: Notice of proposed pilot program; request for comments.

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SUMMARY: On May 15, 2019, FMCSA published a Federal Register notice 
requesting public comments on a possible new pilot program to allow 
drivers aged 18, 19, and 20 to operate commercial motor vehicles in 
interstate commerce. The May 2019 notice asked specific questions 
regarding training; qualifications; driving limitations; operational 
and participation requirements; insurance; research and data; and 
vehicle safety systems that should be considered in developing a second 
pilot program for younger drivers. This notice addresses the comments 
received and proposes a pilot program to allow 18-, 19-, and 20-year-
old drivers to operate commercial motor vehicles in interstate 
commerce.

DATES: Comments must be received on or before November 9, 2020.

ADDRESSES: You may submit comments on this notice identified by docket 
number FMCSA-2018-0346 using any one of the following methods:
     Federal eRulemaking Portal: www.regulations.gov. Follow 
the online instructions for submitting comments.
     Mail: Docket Operations, U.S. Department of 
Transportation, 1200 New Jersey Avenue SE, West Building,

[[Page 55929]]

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 9:00 a.m. and 5:00 
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: DOT solicits comments from the public to better inform 
its rulemaking and pilot program 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: Ms. Nikki McDavid, Commercial Driver's 
License Division, Federal Motor Carrier Safety Administration, 1200 New 
Jersey Avenue SE, Washington, DC 20590-0001, [email protected], 
(202) 366-0831. If you have questions about viewing or submitting 
material to the docket, call DOT Docket Operations, (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.

A. Submitting Comments

    If you submit a comment, please include the docket number for this 
notice (FMCSA-2018-0346), indicate the specific section of this 
document to which the comment applies, and provide a reason for each 
suggestion or recommendation. 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-2018-0346'' 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.
    Confidential Business Information: Confidential Business 
Information (CBI) is commercial or financial information that is both 
customarily and actually treated as private by its owner. Under the 
Freedom of Information Act (5 U.S.C. 552), CBI is exempt from public 
disclosure. If your comments responsive to this notice contain 
commercial or financial information that is customarily treated as 
private, that you actually treat as private, and that is relevant or 
responsive to this notice, it is important that you clearly designate 
the submitted comments as CBI. FMCSA will treat such marked submissions 
as confidential under the Freedom of Information Act, and they will not 
be placed in the public docket for this rulemaking. Please mark each 
page of your submission that constitutes CBI as ``PROPIN'' to indicate 
it contains proprietary information. Submissions containing CBI should 
be sent to Mr. Brian Dahlin, Chief, Regulatory Analysis Division, 
FMCSA, 1200 New Jersey Avenue SE, Washington, DC 20590. Any comments 
FMCSA receives that are not specifically designated as CBI will be 
placed in the public docket for this rulemaking.
    FMCSA will consider all comments and material received during the 
comment period and may make changes based on your comments.

B. 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-2018-0346'' 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 Docket Operations 
in Room W12-140 on the ground floor of the DOT West Building, 1200 New 
Jersey Avenue SE, Washington, DC 20590, between 9:00 a.m. and 5:00 
p.m., Monday through Friday, except Federal holidays.

II. Legal Basis

    The Secretary of Transportation has authority under 49 U.S.C. 
31315(c) to conduct pilot programs and to allow one or more exemptions 
for the testing of innovative alternatives to certain Federal Motor 
Carrier Safety Regulations (FMCSRs) (Sec.  31315(c)(1)). The regulatory 
standards for pilot programs are codified at 49 CFR part 381, subparts 
D and E.
    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.
    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 commercial driver's license 
(CDL) (49 CFR 383.25(a)(4)).
    Drivers of commercial motor vehicles (CMVs), as defined in 49 CFR 
383.5 and 390.5T, engaged in interstate commerce, must be at least 21 
years of age (Sec.  391.11(b)(1)). An 18-year-old CLP or CDL holder may 
drive in intrastate commerce only.
    The proposed pilot program would provide participating drivers with 
relief from sections of 49 CFR parts 383 and 391 concerning minimum age 
requirements. In addition, this pilot program would provide relief from 
the effect of the intrastate only (or ``K'') restriction that appears 
on a CDL at Sec.  383.153(a)(10)(vii) and an exemption from the 
requirement in Sec.  391.11(b)(1) that a CMV driver operating in 
interstate commerce be at least 21 years of age.
    At the conclusion of each pilot program, FMCSA must report to 
Congress its findings, conclusions, and recommendations, including 
suggested amendments to laws and regulations, to include lowering the 
minimum driving age of interstate drivers, that would enhance motor 
carrier, CMV, and driver safety, and improve compliance with the 
FMCSRs.

[[Page 55930]]

III. Background

    As documented in the May 15, 2019, Federal Register notice (84 FR 
21895), changing the driving age has been studied by various 
organizations and previously proposed by the Federal Highway 
Administration, FMCSA's predecessor agency. FMCSA received specific 
direction to conduct a limited pilot program in section 5404 of the 
Fixing America's Surface Transportation Act (FAST Act) (Pub. L. 114-94, 
129 Stat. 1312, 1549, Dec. 4, 2015).

Military Under-21 Pilot Program

    On August 22, 2016, FMCSA proposed a pilot program to meet the 
requirements of section 5404 of the FAST Act and allow a limited number 
of individuals ages 18, 19, and 20 to operate CMVs in interstate 
commerce, if they received specified heavy-vehicle driver training 
while in military service and were hired by a participating motor 
carrier (81 FR 56745). In addition, the Agency asked specific questions 
and requested comments on the proposed pilot program. During this 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 between 21 and 24 years old and who have 
comparable training and experience in driving vehicles requiring a CDL. 
The comparison of the two groups' performance would help to determine 
whether the age difference was a critical safety factor.
    In response to comments received on the August 22, 2016, proposal, 
FMCSA published a Federal Register notice on July 6, 2018, titled, 
``Pilot Program to Allow Persons Between the Ages of 18 and 21 With 
Military Driving Experience to Operate Commercial Motor Vehicles in 
Interstate Commerce'' (83 FR 31633). This pilot program is currently 
underway, and its results will be reported not later than 1 year after 
the pilot program concludes.

Entry Level Driver Training

    On December 8, 2016, FMCSA published a final rule titled ``Minimum 
Training Requirements for Entry-Level Commercial Motor Vehicle 
Operators'' (81 FR 88732). This rule was required by section 32304 of 
the Moving Ahead for Progress in the 21st Century Act, Public Law 112-
141, see 49 U.S.C. 31305(c), and was the result of a negotiated 
rulemaking. The rule on entry-level driver training (ELDT) established 
minimum training standards for certain individuals applying for their 
CDL. CDL applicants subject to the rule must complete a prescribed 
program of instruction presented by an entity listed on FMCSA's 
Training Provider Registry, prior to taking the State-administered CDL 
skills test, or, for the Hazardous Materials endorsement, prior to 
taking the knowledge test. The final rule outlined the topics that must 
be covered during classroom and behind-the-wheel training; however, it 
did not require a minimum number of hours for either classroom or 
behind-the-wheel training.
    On February 4, 2020, FMCSA published an interim final rule titled 
``Extension of Compliance Date for Entry-Level Driver Training'' (84 FR 
6088). The rule amended the compliance date from February 7, 2020, to 
February 7, 2022; however, it did not change the minimum training 
standards for certain individuals applying for their CDL.

Recent Legislative Proposals

    On February 27, 2019, companion bills were introduced in the U.S. 
House of Representatives and the U.S. Senate called the ``Developing 
Responsible Individuals for a Vibrant Economy Act'' (DRIVE-Safe Act) 
(H.R. 1374), which proposed to lower the age requirement for interstate 
drivers to 18, as long as drivers under the age of 21 participated in 
an apprenticeship program. The apprenticeship would include separate 
120-hour and 280-hour probationary periods, during which younger 
drivers would operate CMVs under the supervision of an experienced 
driver and must achieve specific performance benchmarks before 
advancing. Under the proposal, study group participants would also 
drive vehicles equipped with active-braking collision mitigation 
systems, forward-facing video event capture, and speed limiters set to 
65 miles per hour. To date, the DRIVE-Safe Act has not been enacted.

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

    In the May 15, 2019 Federal Register notice, FMCSA requested 
comments on the training and experience, operational requirements, 
participation requirements, technology requirements, insurance 
requirements, and research and data that FMCSA should consider in 
developing options or approaches for a second pilot program for younger 
drivers.
    FMCSA received 1,118 comments to the docket; 504 commenters favored 
the proposal, while 486 opposed it. Other commenters offered 
conditional support, provided responses to the questions posed in the 
notice, or offered other suggestions. More than 1,000 individuals and 
95 organizations commented. FMCSA received more than 750 unique 
comments, while the remaining comments were form letters (four types) 
in support of the pilot program or urging FMCSA to initiate a pilot 
program focused on short-haul drivers operating within a certain air-
mile radius or in accordance with the proposed DRIVE-Safe Act.
    The organizations that favored the pilot program included the 
Agricultural Retailers Association, American Bakers Association, 
Arkansas State Highway Commission, American Trucking Associations 
(ATA), Commercial Vehicle Training Association, DriverReach, Hudson 
Insurance Group, Intermodal Association of North America, International 
Association of Movers, International Foodservice Distributors 
Association, International Franchise Association, National Association 
of Publicly Funded Truck Driving Schools, National Interstate 
Insurance, National Propane Gas Association, National Ready Mixed 
Concrete Association, National Retail Federation (NRF), National Tank 
Truck Carriers, Towing and Recovery Association of America, and 
Truckload Carriers Association (TCA). In addition, numerous private 
citizens, motor carriers, training schools, State trucking 
associations, logistics companies, risk assessment companies, 
information technology companies, and other professional trade 
associations offered full or conditional support for the initiation of 
a younger driver pilot program.
    Commenters including the American Association of Motor Vehicle 
Administrators (AAMVA), Commercial Vehicle Safety Alliance, Greyhound 
Bus Company, Inc., International Brotherhood of Teamsters, National 
Safety Council, Oregon Department of Transportation, United Motorcoach 
Association (UMA), and several motor carriers, private citizens, and 
other professional trade associations asked for clarification, provided 
data, and offered recommendations.
    Those opposing the initiation of a younger driver pilot program 
included Advocates for Highway and Auto Safety (Advocates), Citizens 
for Reliable and Safe Highways, Governors Highway Safety Association, 
the Insurance Institute of Highway Safety (IIHS), the Owner-Operator 
Independent Drivers Association, Parents Against Tired Truckers, the 
Trucking Alliance, and several private citizens, motor carriers, and 
other professional trade associations. These opponents focused on 
safety, noting that truck and bus crashes, injuries, and fatalities 
continue

[[Page 55931]]

to rise, and that drivers 18 to 20 years old are overrepresented in 
crashes.
    In addition, opponents also mentioned that the Agency has not 
analyzed data from the States that could provide information on the 
safety records of 18- to 20-year-old drivers who currently operate in 
intrastate commerce. Some argued that the Agency should complete the 
Under-21 Military CDL driver pilot program and analyze that data before 
initiating this pilot program.

Training and Experience

    The 2019 Federal Register notice asked several questions related to 
the training and experience that a younger driver should be required to 
have to participate. Several commenters, including Advocates and UMA, 
believe that the drivers should have extensive experience operating a 
CMV to ensure public safety. The length of experience suggested by 
AAMVA, NRF, and UMA, for example, ranged from 1 to 2 years, while 
others, such as ATA, DriverReach, and TCA, did not believe any 
experience was necessary since the drivers would be subject to the 
minimum training requirements of the ELDT rule.
    Some commenters believe that drivers aged 18 to 20 should be 
required to be supervised by a qualified trainer physically present at 
all times, or for a limited period (e.g., for 6 months), while 
operating a CMV on public roads. As for training, commenters cited the 
training required by the proposed DRIVE-Safe Act, the CLP standards in 
49 CFR part 383, and the ELDT rule.

Operational Requirements

    The majority of commenters agreed that younger drivers should drive 
fewer hours than are currently permitted in the regulations. However, 
ATA and TCA believe that no limitations should be placed on younger 
drivers since they currently operate in intrastate commerce without any 
time or distance restrictions. In addition, ATA cited the FMCSA-
sponsored Large Truck Crash Causation study which found that only 28 
percent of large truck crashes occurred between 6:00 p.m. and 6:00 a.m. 
There was no consensus among commenters on whether to prohibit drivers 
from transporting hazardous materials, passengers, and/or operating 
tank trucks or special configuration vehicles.

Participation Requirements

    The 2019 Federal Register notice asked what requirements motor 
carriers and drivers should be required to meet to participate in a 
younger driver pilot program. The majority of commenters believed the 
qualification standards established for FMCSA's Under-21 Military CDL 
Pilot Program were sufficient, while others believed the previously 
proposed DRIVE-Safe Act should be the minimum requirements for 
participation in a younger driver pilot program.

Technology Requirements

    The 2019 notice asked what safety equipment or on-board recording 
systems should be required, mentioning automatic manual or automatic 
transmissions; active-braking collision mitigation systems; forward-
facing video event capture; and speed limiters set to 65 miles per 
hour.
    All commenters who responded to these questions supported the use 
of safety technology on vehicles operated by younger drivers. Some 
commenters proposed additional requirements, including adaptive cruise 
control, artificial intelligence, automatic emergency braking, Global 
Positioning Systems, lane centering, lane departure warning systems, 
and on-board rear-facing video event recorders.

Insurance

    FMCSA asked for information on the ability of motor carriers to 
secure insurance for 18- to 20-year-old drivers. ATA felt that there 
would be no insurance problems, noting that trucking companies must 
currently obtain insurance for drivers under the age of 21 who operate 
in intrastate commerce. ATA said its membership includes 19 insurance 
companies and that they have expressed a willingness to work with motor 
carriers to offer insurance coverage for 18- to 20-year-old interstate 
drivers. The Hudson Insurance Group responded to this question and 
noted that training, retraining, and driver development are more 
critical than a driver's age and experience.
    Of the insurance companies that provided comments to the docket, 
Hudson Insurance Group and National Interstate Insurance expressed 
their willingness to insure companies that are approved to participate 
in a younger driver pilot program. Other commenters recognized that 
self-insured motor carriers would be willing and able to participate in 
a younger driver pilot program.

Research and Data

    The 2019 Federal Register requested research and data to evaluate 
the safety performance of drivers under 21 years of age. Specifically, 
FMCSA asked if data on traffic violations, crashes, and inspection 
violations were adequate to allow a comparison of the safety records of 
younger and older drivers; and what research the Agency should consider 
to assess the safety impacts of younger interstate CMV drivers.
    Regarding the data available on the safety performance of 18- to 
20-year-old drivers, commenters to this rule offered several 
suggestions. Advocates, ATA, IIHS, and TCA provided several examples of 
available data. As sources of safety performance data for 18- to 20-
year-old drivers, commenters cited the Fatality Analysis Reporting 
System (FARS); the Trucks Involved in Fatal Accidents data; several 
studies, including the Governors Highway Safety Association study on 
teen driving; the National Transportation Safety Board's (NTSB) 2019-
2020 Most Wanted List of safety changes; State intrastate data; the 
Agency's Under-21 Military CDL Pilot Program; and other data systems. 
Further, ATA presented comparison data from 18- to 20-year-old 
intrastate drivers in several States and data from drivers ages 21 
years or older.
    The data and research that commenters cited provided contradictory 
information on the safety of 18- to 20-year-old drivers.
    ATA cited NHTSA's annual report titled ``Traffic Safety Facts: A 
Compilation of Motor Vehicle Crash Data.'' According to the report, in 
the 6 years studied (2012-2017), male drivers in the 16 to 20 age range 
had a lower involvement rate in fatal crashes than male drivers in the 
21 to 24 age range. For example, during 2017, the male driver 
involvement rate in fatal crashes per 100,000 licensed drivers was 
49.02 for drivers aged 16 to 20, and 50.32 for drivers aged 21 to 24. 
In addition, the intrastate data from 13 States shows that in 12 of the 
13 States, 18- to 20-year-old CDL holders had crash rates that were on 
the whole lower than, or at worst, functionally equivalent to, that of 
their 21- to 24-year-old counterparts.
    The IIHS analyzed the 2017 FARS data for drivers aged 18 and 19. 
The data shows that these drivers are 2.3 times more likely than 
drivers aged 20 and older to be in a fatal crash and nearly 3.5 times 
more likely to be involved in any police-reported crash. In addition, 
the IIHS cited the Governors Highway Safety Association study titled, 
``Mission Not Accomplished: Teen Safe Driving, the Next Chapter.'' The 
study indicated that 19-year-olds accounted for the greatest number of 
teen drivers killed during the study period, followed by 20- and 18-
year-olds.
    Without recreating the report or analysis, FMCSA believes the

[[Page 55932]]

differences between the NHTSA Report and IIHS' analysis can be 
attributed to the different age groups studied and the fact that the 
NHTSA Report took into account data over a 6 year period, whereas IIHS 
analyzed 1 year of FARS data.
    Commenters generally agreed that traffic violations, crashes, and 
inspection violations were adequate standards with which to compare the 
safety records of drivers, but cautioned against using indicators of 
violations, such as parking tickets, that are not indicative of unsafe 
driving behavior. Several commenters believe that FMCSA must conduct 
this pilot program to collect the needed data to determine the safety 
impacts of younger drivers operating in interstate commerce.

V. Pilot Program Proposal

    Using the input from commenters to the 2019 Federal Register 
notice, FMCSA proposes the following structure for a new pilot program 
for younger drivers. The Agency seeks feedback on the details of this 
specific proposal.

Participant Age and Experience for Study Group Drivers

    FMCSA proposes to allow drivers to participate in a younger driver 
pilot program if they fall within one of the following categories.
    Category One: FMCSA proposes to allow 18- to 20-year-old CDL 
holders to operate CMVs in interstate commerce while taking part in a 
120-hour probationary period and a subsequent 280-hour probationary 
period under an apprenticeship program established by an employer, as 
introduced in the DRIVE-Safe Act. The 120-hour probationary period 
would include 120 hours of on-duty time, with at least 80 hours of 
driving time in a CMV. In order to complete the 120-hour probationary 
period, the employer must make sure the younger driver is competent in 
each of the following areas: Interstate, city traffic, rural 2-lane, 
and evening driving; safety awareness; speed and space management; lane 
control; mirror scanning; right and left turns; and logging and 
complying with rules relating to hours of service. The 280-hour 
probationary period would include 280 hours of on-duty time, with at 
least 160 hours of driving time in a CMV. In order to complete the 280-
hour probationary period, an employer must ensure that the younger 
driver is competent in each of the following areas: Backing and 
maneuvering in close quarters; pre-trip inspections; fueling 
procedures; weighing loads, weight distribution, and sliding tandems; 
coupling and uncoupling procedures; and trip planning, truck routes, 
map reading, navigation, and permits. Driver training and 
apprenticeship programs have been proven to provide valuable driving 
experience; to reduce recklessness; to help prepare the driver for 
real-life driving situations that he or she may experience on the road; 
and identify and correct poor driving behaviors. Through this 
probationary program, the Agency believes these drivers will obtain the 
necessary experience skills to operate safety in interstate commerce. 
Forty-eight States and the District of Columbia already allow 18- to 
20-year-old CDL holders to operate CMVs in intrastate commerce.
    Category Two: FMCSA proposes to permit 19- and 20-year-old 
commercial drivers who have operated CMVs in intrastate commerce for a 
minimum of 1 year and 25,000 miles to participate in the younger driver 
CDL pilot program. The Agency believes these drivers have the requisite 
experience to operate safely, assuming they meet certain safety 
performance standards; and therefore, would not be required to complete 
any probationary periods. Forty-nine States and the District of 
Columbia already allow 19- and 20-year-old CDL holders to operate CMVs 
in intrastate commerce.
    To have a statistically valid sample, approximately 200 drivers 
aged 18, 19 and 20 are needed. When these individuals reach the age of 
21, they would no longer participate in the pilot program and would be 
have to be replaced by additional 18-, 19- and 20- year-old drivers by 
the motor carriers. FMCSA may continue to track the safety records of 
study group drivers who continue to drive for participating motor 
carriers when they are 21 or older.

Driving Limitations for Study Group Drivers

    FMCSA proposes to limit the types of vehicles a driver in the pilot 
program may operate. Consistent with the limitations FMCSA established 
in the Under-21 Military CDL Pilot Program, study group drivers would 
not be allowed to operate vehicles hauling passengers or hazardous 
materials or special configuration vehicles (e.g., doubles, triples, 
cargo tanks).

Training and Experience Requirements for Study Group Drivers

    In keeping with the Agency's ELDT final rule, FMCSA proposes to 
require study group drivers to have taken CDL training that meets the 
ELDT rule standards before obtaining their CDL. This will ensure that 
drivers admitted to the younger driver CDL pilot program have minimum 
training and sufficient experience necessary to operate safely on our 
Nation's highways.

Other Study Group Driver Requirements

    To participate in the pilot program, FMCSA proposes that the study 
group driver be required to complete an application. In addition, the 
study group driver must have no disqualifications, suspensions, or 
license revocations within the past 2 years and not be under any out-
of-service (OOS) order. To qualify as a study group participant, the 
driver must not have:
    1. Had more than one license;
    2. Had his or her intrastate CDL 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 State or local law 
relating to motor vehicle traffic control (other than a parking 
violation) arising in connection with any traffic crash and have no 
record of a crash in which he or she was at fault;
    4. Been convicted of any of the following violations while 
operating a motor vehicle; or
    [cir] Been under the influence of alcohol as prescribed by State 
law;
    [cir] 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] Driven a CMV while his or her intrastate CDL or other license 
was revoked, suspended, or cancelled or while he or she was 
disqualified from operating a CMV; or
    [cir] Caused a fatality through the negligent operation of a CMV 
(including motor vehicle manslaughter, homicide by motor vehicle, or 
negligent homicide).
    5. Had more than one conviction for any of the violations described 
below in any type of motor vehicle:
    [cir] Driving 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] Driving a CMV without obtaining a CDL;
    [cir] Violating a State or local law or ordinance on motor vehicle 
traffic control prohibiting texting while driving; or

[[Page 55933]]

    [cir] Violating 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.
    To stay in the pilot program, the younger drivers would be required 
to agree to the release of specific information to FMCSA for purposes 
of the pilot program; meet all FMCSR requirements (except age) for 
operating a CMV in interstate commerce; operate primarily in interstate 
commerce; and, if selected; maintain a good driving record (e.g., free 
of any Sec.  383.51 violations). A driver may be removed from the pilot 
program if he or she is disqualified for a major offense, serious 
traffic violation, railroad-highway grade crossing, or violation of an 
OOS order, as outlined in Sec.  383.51 of the FMCSRs.

Vehicle Safety Technology for Study Group Drivers

    Vehicle safety technology continues to increase and FMCSA 
recognizes the value of these systems. These tools can help prevent, or 
significantly reduce the number and severity of, crashes on our 
Nation's highways. FMCSA is proposing to require the following vehicle 
safety technologies on the CMVs operated by the study group drivers: 
Active-braking collision mitigation systems; forward-facing video event 
recorders; and automatic or automatic-manual transmissions; and speed 
limiters set to 65 miles per hour. FMCSA believes that requiring these 
technologies on the CMVs operated by younger drivers will assist in 
preventing crashes. As an added benefit, FMCSA will be able to analyze 
the data received from these technologies to determine if one safety 
feature is more beneficial to safety.
    Although not required, FMCSA would also prioritize approval of 
those motor carriers that equip their vehicles with additional 
technologies, such as various collision avoidance systems, lane 
centering, etc.

Control Group Drivers

    A control group of older drivers is needed to form a baseline of 
comparison for the safety records of the younger study group drivers. 
The control group participants would be between 21 and 24 years of age. 
These control group drivers would work for the participating carriers.

Motor Carrier Qualification Requirements

    To qualify for participation, a motor carrier would have to meet 
the following minimum standards, which match the minimum standards of 
the Under-21 Military CDL Pilot:
    1. Have proper operating authority registration, if required, and 
USDOT number;
    2. Have evidence of the minimum levels of financial responsibility;
    3. 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. Not have a conditional or unsatisfactory safety rating;
    5. Not have any open enforcement actions based on an imminent 
hazard OOS order (49 CFR 386.72) or a suspension or revocation based on 
a pattern of safety violations (49 CFR part 385 Subpart K);
    6. Not have a crash rate above the national average;
    7. Not have a driver OOS rate above the national average; and
    8. Not have a vehicle OOS rate above the national average.
    In addition, unpaid civil penalties would be grounds to deny 
participation in the pilot program.
    Throughout the pilot program, the motor carrier would be expected 
to maintain an excellent safety record. Motor carriers may be 
disqualified from the pilot program if the carrier:
    1. Does not have proper operating authority registration, where 
required, and USDOT number;
    2. Does not have the minimum levels of financial responsibility;
    3. Is prioritized as a high risk;
    4. Is prioritized as a moderate risk for 2 consecutive months;
    5. Receives a conditional or unsatisfactory safety rating;
    6. Is the subject of an open Federal enforcement action based on an 
imminent hazard OOS order (49 CFR 386.72) or a suspension or revocation 
based on a pattern of safety violations (49 CFR part 385 Subpart K). 
Enforcement actions resulting in civil penalties will be reviewed on a 
case-by-case basis;
    7. Has a crash rate above the national average for 3 consecutive 
months;
    8. Has a driver OOS rate above the national average for 3 
consecutive months;
    9. Has a vehicle OOS rate above the national average for 3 
consecutive months; or
    10. Fails to report monthly data as required.
    FMCSA would reserve the right to remove a carrier from the program 
at its discretion if it is determined there is a safety risk.

Motor Carrier Application and Participation Requirements

    Carriers would be required to complete an application for 
participation in the pilot program and submit monthly data on study 
group and/or control group driver activity (e.g., vehicle miles 
traveled, duty hours, driving hours, off-duty time, or breaks), safety 
outcomes (e.g., crashes, violations, and safety-critical events) and 
any additional supporting information (e.g., onboard monitoring systems 
or investigative reports from previous crashes). In addition, carriers 
would be required to notify FMCSA within 24 hours of: (1) Any injury or 
fatal crash involving a participating study group pilot program driver; 
(2) a study group driver receiving an alcohol-related citation (e.g., 
driving under the influence or driving while intoxicated); (3) a study 
group driver choosing to leave the pilot program; (4) a study group 
driver leaving the carrier; or (5) a study group driver failing a 
random or post-crash drug/alcohol test.
    Carriers would be required to ensure drivers meet the requirements 
to participate in a younger driver pilot program by establishing an 
apprenticeship program that would mirror the requirements introduced in 
the proposed DRIVE-Safe Act for study group drivers in group one; 
ensuring study group drivers in group two meet the requisite 
experience; and verifying that study group drivers meet all other 
requirements to participate.
    FMCSA would gather additional safety data for all study and control 
group drivers during the pilot program from the Motor Carrier 
Management Information System (MCMIS), such as crashes and driving and 
inspection violations.
    FMCSA would prioritize approval of carriers to participate and 
continue based on these carriers' safety performance records over time, 
selecting only those with the highest or best relative performance.
    Approved carriers would be publicly announced on the Agency's 
website to encourage potential study group drivers to apply for 
employment directly with the identified carriers. Approved carriers 
would be able to assist study group drivers (whom they sponsor) with 
completion of the application and participation agreement. When a 
carrier receives notification that a study group driver has been 
approved to operate in interstate commerce, 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.

[[Page 55934]]

    The length of time during which replacement study group drivers 
will be added will be determined by FMCSA based on the statistical and 
administrative needs of the pilot data collection plan.
    FMCSA would adapt the applications, agreements, forms to be used by 
interested carriers and potential study and control group drivers, and 
plans it created for its Under 21 Military CDL Pilot Program for this 
younger driver pilot program.
    In addition to the above requirements, FMCSA is proposing that each 
motor carrier accepted into the pilot program must agree to comply with 
all pilot program procedures and requirements, including completing 
required forms, obtaining driver consent, and attending information 
sessions.

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:
     Agree to participate;
     Possess a valid CDL;
     Be a driver for participating motor carrier;
     Have no disqualifications, suspensions, or license 
revocations within past 2 years; or be under any OOS order;
     Agree to release of specified information for the pilot 
program;
     Have experience comparable to study group drivers; and
     Be 21 to 24 years old at time of acceptance into the 
pilot.

VI. Data Collection Plan

    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 employment 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 would 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 
vehicle miles traveled, 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.

VII. 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 revise the forms developed for the Under-21 Military 
Driver pilot program to promote uniformity in the data collected by the 
pilot carriers.
    The Paperwork Reduction Act of 1995 (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 the 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.

VIII. Monitoring and Oversight

    FMCSA would review both monthly data submitted by approved motor 
carriers and its own databases including, but not limited to, MCMIS, 
Safety Measurement System, Commercial Driver's License Information 
System, the Licensing and Insurance system, and the Drug and Alcohol 
Clearinghouse. 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.

IX. Length of Program

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

X. Request for Public Comments

    The following questions identify input desired by FMCSA. 
Instructions for filing comments to the public docket are included 
earlier in this notice. Persons are encouraged to respond wherever 
possible by reference to the question number, but comments are not 
limited to replies to these questions:
    1. Should FMCSA consider any additional safeguards to ensure that 
the pilot program provides an equivalent level of safety to the 
regulations without the age exemption?
    2. Would carriers be able to obtain enough drivers to serve in the 
control group?
    3. Would the vehicle technology requirements proposed for study 
group drivers limit participation by smaller companies?
    4. Should FMCSA limit the distance that study group drivers should 
be allowed to operate (e.g., 150 air-mile radius, 250 air-mile radius)?
    5. Are the data collection efforts proposed so burdensome for 
carriers as to discourage their participation?
    6. Should we limit participation to drivers who have not been 
involved in a preventable crash?

James A. Mullen,
Deputy Administrator.
[FR Doc. 2020-19977 Filed 9-9-20; 8:45 am]
BILLING CODE 4910-EX-P