Commercial Driver's Licenses; Expansion of Military Occupational Specialties in the Pilot Program To Allow Persons 18, 19, and 20 Years Old With Military Driving Experience To Operate Commercial Motor Vehicles in Interstate Commerce, 64218-64220 [2020-22401]
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Federal Register / Vol. 85, No. 197 / Friday, October 9, 2020 / Notices
(ultimate 6-lanes) with a raised median.
Improvements would consist of 12-footwide travel lanes, 14-foot-wide outside
shared-use lanes, and 6-foot sidewalks.
The length of the proposed project is
approximately 8.08 miles. The purpose
of the proposed project is to reduce
traffic congestion on the existing
roadways; to improve operations of the
roadway; to increase mobility (including
pedestrian and bicycle
accommodations); and, to provide
improved connectivity to the area. The
actions by TxDOT and Federal agencies
and the laws under which such actions
were taken are described in the Final
Environmental Assessment (EA)
approved on September 15, 2020,
Finding of No Significant Impact
(FONSI) issued on September 15, 2020
and other documents in the TxDOT
project file. The EA and other
documents are available by contacting
TxDOT at the address provided above or
the TxDOT Dallas District Office at 4777
E. Highway 80, Mesquite, TX 75150;
telephone: (214) 320–4480.
11. SH 332 from FM 521 to SH 288
in Brazoria County, Texas. The project
proposes to reconstruct and widen the
existing facility from two to four lanes
(two lanes each direction) from FM 521
to FM 2004, and from four to six lanes
(three lanes in each direction) from FM
2004 to SH 288. Reconstruction or
replacement of bridges over Buffalo
Camp Bayou and an adjacent diversion
channel, as well as sidewalks on both
sides of the roadway for the length of
the project are also proposed. A new
drainage channel from SH 332, at a
location approximately 800 feet west of
Division Street, south to the Brazos
River is also included. The project
requires approximately 70.4 acres of
additional ROW, and is approximately
5.3 miles in length. The actions by
TxDOT and Federal agencies, and the
laws under which such actions were
taken, are described in the Final
Environmental Assessment (EA)
approved on September 15, 2020, the
Finding of No Significant Impact
(FONSI) issued on September 16, 2020,
and other documents in the TxDOT
project file. The EA, FONSI, and other
documents in the TxDOT project file are
available by contacting TxDOT at the
address provided above or the TxDOT
Houston District Office located at 7600
Washington Avenue, Houston, Texas
77007; telephone (713) 802–5076.
Authority: 23 U.S.C. 139(l)(1).
VerDate Sep<11>2014
17:26 Oct 08, 2020
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Issued on: September 28, 2020.
Michael T. Leary,
Director, Planning and Program Development,
Federal Highway Administration.
[FR Doc. 2020–21883 Filed 10–8–20; 8:45 am]
BILLING CODE 4910–22–P
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[Docket No. FMCSA–2016–0069]
Commercial Driver’s Licenses;
Expansion of Military Occupational
Specialties in the Pilot Program To
Allow Persons 18, 19, and 20 Years Old
With Military Driving Experience To
Operate Commercial Motor Vehicles in
Interstate Commerce
Federal Motor Carrier Safety
Administration (FMCSA), DOT.
ACTION: Notice of pilot program; request
for comments.
AGENCY:
As required by the Fixing
America’s Surface Transportation
(FAST) Act, FMCSA implemented a
pilot program to allow individuals aged
18, 19 and 20 to operate commercial
motor vehicles (CMVs) in interstate
commerce if they have received heavyvehicle driver training in certain
Military Occupational Specialties
(MOS) while in military service.
FMCSA proposes to expand the MOS
eligible to participate in this pilot
program to provide additional service
members with the opportunity to
transition to commercial driving jobs.
DATES: Comments must be received on
or before November 9, 2020.
ADDRESSES: You may submit comments
bearing the Federal Docket Management
System (FDMS) Docket ID FMCSA–
2016–0069 using any of the following
methods:
• Federal eRulemaking Portal:
www.regulations.gov. Follow the online
instructions for submitting comments.
• Mail: Docket Management Facility,
U.S. Department of Transportation, 1200
New Jersey Avenue SE, West Building,
Ground Floor, Room W12–140,
Washington, DC 20590–0001.
• Hand Delivery or Courier: West
Building, Ground Floor, Room W12–
140, 1200 New Jersey Avenue SE,
between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
• Fax: 1–202–493–2251.
Each submission must include the
Agency name and the docket number for
this notice. Note that DOT posts all
comments received without change to
www.regulations.gov, including any
personal information included in a
SUMMARY:
PO 00000
Frm 00111
Fmt 4703
Sfmt 4703
comment. Please see the Privacy Act
heading below.
Privacy Act: In accordance with 5
U.S.C. 553(c), DOT solicits comments
from the public to better inform its
rulemaking process. DOT posts these
comments, without edit, including any
personal information the commenter
provides, to www.regulations.gov, as
described in the system of records
notice (DOT/ALL–14 FDMS), which can
be reviewed at www.dot.gov/privacy.
FOR FURTHER INFORMATION CONTACT: Mr.
Selden Fritschner, CDL Division,
Federal Motor Carrier Safety
Administration, 1200 New Jersey
Avenue SE, Washington, DC 20590–
0001, by email at selden.fritschner@
dot.gov, or by telephone at 202–366–
0677. If you have questions on viewing
or submitting material to the docket,
contact Docket Services, telephone (202)
366–9826.
SUPPLEMENTARY INFORMATION:
I. Public Participation and Request for
Comments
FMCSA encourages you to participate
by submitting comments and related
materials. In this notice, FMCSA
requests certain information, but
comments are not limited to responses
to those requests.
Submitting Comments
If you submit a comment, please
include the docket number for this
notice (FMCSA–2016–0069), indicate
the specific section of this document to
which the comment applies, and
provide a reason for suggestions or
recommendations. You may submit
your comments and material online, by
fax, mail, or hand delivery, but please
use only one of these means. FMCSA
recommends that you include your
name and a mailing address, an email
address, or a phone number in the body
of your document so the Agency can
contact you if it has questions regarding
your submission.
To submit your comment online, go to
www.regulations.gov, put the docket
number, ‘‘FMCSA–2016–0069’’ in the
‘‘Keyword’’ box, and click ‘‘Search.’’
When the new screen appears, click on
the ‘‘Comment Now!’’ button and type
your comment into the text box in the
following screen. Choose whether you
are submitting your comment as an
individual or on behalf of a third party
and then submit. If you submit your
comments by mail or hand delivery,
submit them in an unbound format, no
larger than 81⁄2 by 11 inches, suitable for
copying and electronic filing. If you
submit comments by mail and would
like to know that they reached the
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Federal Register / Vol. 85, No. 197 / Friday, October 9, 2020 / Notices
facility, please enclose a stamped, selfaddressed postcard or envelope. FMCSA
will consider all comments and material
received during the comment period.
Viewing Comments and Documents
To view comments, as well as
documents mentioned in this notice as
being available in the docket, go to
www.regulations.gov and insert the
docket number, ‘‘FMCSA–2016–0069’’
in the ‘‘Keyword’’ box and click
‘‘Search.’’ Next, click the ‘‘Open Docket
Folder’’ button and choose the
document listed to review. If you do not
have access to the internet, you may
view the docket online by visiting the
Docket Management Facility in Room
W12–140 on the ground floor of the
DOT West Building, 1200 New Jersey
Avenue SE, Washington, DC 20590,
between 9 a.m. and 5 p.m., E.T.,
Monday through Friday, except Federal
holidays. To be sure someone is there to
help you, please call (202) 366–9317 or
(202) 366–9826 before visiting Docket
Operations.
II. Legal Basis
Under 49 U.S.C. 31315 and 31136(e),
FMCSA is authorized to grant waivers
and exemptions from the Federal Motor
Carrier Safety Regulations (FMCSRs)
and to conduct pilot programs. A waiver
is limited to a period of 3 months and
may be granted without requesting
public comment (49 U.S.C. 31315(a)).
By contrast, an exemption may remain
in effect for up to 5 years 1 and may be
renewed. The Secretary must provide
the public with an opportunity to
comment on each exemption request
prior to granting or denying it (49 U.S.C.
31315(b)).
Pilot programs under 49 U.S.C.
31315(c) may include one or more
exemptions to allow for the testing of
innovative alternatives to certain
FMCSRs. FMCSA must publish in the
Federal Register a detailed description
of each pilot program, including the
exemptions being considered, and
provide notice and an opportunity for
public comment before the effective
date of the program. The Agency is
required to ensure that the safety
measures in the pilot programs are
designed to achieve a level of safety that
is equivalent to, or greater than, the
level of safety that would be achieved
through compliance with the safety
regulations. The maximum duration of
pilot programs is 3 years from the
starting date.
1 Section
5206 of the Fixing America’s Surface
Transportation (FAST) Act amended 49 U.S.C.
31315(b)(2) to extend the maximum duration of an
exemption from 2 years to 5 years, effective October
1, 2015.
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17:26 Oct 08, 2020
Jkt 253001
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
currently 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 an MOS to operate a CMV
or similar vehicle. A driver participating
in the program may not transport
passengers or hazardous cargo, or
operate a vehicle in a ‘‘special
configuration.’’
Section 5404 requires the pilot
program to collect and analyze data
regarding crashes involving covered
drivers participating in the program,
and drivers under the age of 21
operating CMVs in intrastate commerce.
Section 5404 also requires the
Secretary to ‘‘. . . conduct, monitor,
and evaluate . . .’’ the pilot program in
consultation with a working group
consisting of representatives of the
armed forces, industry, drivers, safety
advocacy organizations, and State
licensing and enforcement officials. The
working group must review the data
collected and make recommendations to
the Secretary regarding the feasibility,
benefits, and safety impacts of allowing
a covered driver to operate in interstate
commerce. (See Section V of this
notice.)
III. Background
On August 22, 2016, FMCSA
published a notice that described the
proposed pilot program required by the
FAST Act and solicited public comment
(81 FR 56745). On July 6, 2018, the
Agency published a further notice
responding to the comments received
and outlining the details of the pilot
program (83 FR 31633). Please refer to
those two documents for a
comprehensive discussion of the pilot
program and the 7 MOS that currently
qualify for the pilot program.
IV. Armed Forces Heavy-Vehicle Driver
Training Programs
Four branches of the Department of
Defense—the Army, Air Force, Navy,
and Marine Corps—include an MOS
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64219
specifically focused on motor transport
operations and consequently provide
specific training to their personnel on
how to operate heavy-duty vehicles.
Additionally, there are three MOS
classifications with additional training
required for other types of heavy-duty
specialty vehicles (e.g., gasoline haulers,
construction vehicles, and military
equipment transport oversize/
overweight [non-track] vehicles).
As such, the seven original Military
Occupational Specialties approved for
the Pilot program in the July 6, 2018,
Federal Register notice are as follows:
• Army
Æ 88M Motor Transport Operator
Æ 92F Fueler
• Marine Corps
Æ 3531 Motor Vehicle Operator
• Navy
Æ E.O. Equipment Operator
• Air Force
Æ 2TI Vehicle Operator
Æ 2FO Fueler
Æ 3E2 Pavement and Construction
Equipment Operator
FMCSA is proposing to expand the
list of eligible MOS to include
additional MOS classifications for
which heavy-duty vehicle operation is a
core duty and for which heavy-vehicle
training is a requirement. Those
additional MOS are as follows:
• Army
Æ 12B Combat Engineer
Æ 13B Field Artillery
Æ 13P MLRS (Multiple Launch Rocket
System)
Æ 88H Transportation Cargo
Æ 14T Patriot Launching Station
Operator
• Marine Corps
Æ 3537 After 3531 achieves the rank
of SSgt
Æ 0811 Field Artillery Cannoneer
Æ 1371 Combat Engineer
Æ 1345 Engineer Equipment Operator
Each of these proposed additions
requires drivers to complete classroom
and road (skills) training prior to
receiving the MOS designation, as well
as ongoing training and routine
recertification on heavy vehicle
operations. Military personnel in these
MOS receive continuous training during
their service period to maintain
proficiency. Additionally, retesting is
conducted annually, at a minimum.
The core training agenda for each of
these MOS includes:
• Classroom Training and Preparedness:
Æ Ensuring the driver is in possession
of a valid State driver’s license;
Æ Confirming the physical
qualifications for a large truck
driver;
Æ Providing training equivalent to the
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Federal Register / Vol. 85, No. 197 / Friday, October 9, 2020 / Notices
civilian commercial learner’s
permit (CLP);
Æ Training directed at the driver
responsibilities and Government
liability;
Æ Awareness of State, local, host
nation, and post traffic regulations
and laws;
Æ Equipment inspection and
maintenance;
Æ Accident reporting procedures;
Æ Vehicle inspection; preventive
maintenance checks and services;
Æ Crash avoidance;
Æ Environmental considerations;
Æ Night driving;
Æ Response to emergency situations;
vehicle malfunctions; and
Æ Route planning.
• Road Training:
Æ Vehicle characteristics;
Æ Parking and backing;
Æ Operating systems;
Æ Basic control tasks;
Æ Road conditions;
Æ Size and weight;
Æ Negotiating traffic;
Æ Yielding right of way;
Æ Intersections;
Æ Turns;
Æ Following distance;
Æ Negotiating curves;
Æ Adverse weather;
Æ Skids; and
Æ Speed.
To obtain an MOS credential, both for
the MOS currently eligible for the
Agency’s pilot program, and for the
additional MOS proposed in this notice,
each driver must pass the driver skills
test, which includes the following
components:
• Forward stop;
• Straight line backing;
• Alley dock parking;
• Eight left and eight right turns;
• A straight section of urban business
streets;
• Two through intersections;
• Two railway crossings;
• Two curves, one to the left and one
to the right;
• A two-lane rural or semi-rural road;
• Expressway driving, including lane
changes and higher speeds; and
• Gear shifting for:
Æ Downgrade;
Æ upgrade;
Æ downgrade for stopping;
Æ upgrade for stopping;
Æ underpass or low clearance, and
Æ one bridge.
The training requirements for the nine
new proposed MOS are equivalent to
those required for the original seven
MOS approved for the pilot program. As
such, FMCSA believes that the safety of
the pilot program will not be adversely
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17:26 Oct 08, 2020
Jkt 253001
affected by inclusion of these additional
MOS in the program. These additional
MOS are being included at the
recommendation of the Army and
Marine Corps to provide additional
service members with the opportunity
to transition to commercial driving jobs.
These additional MOS were not
included previously because FMCSA
was not aware that these classifications
received heavy-vehicle training and
recurrent training equivalent to the
training the original MOS receive. By
increasing the MOS, FMCSA anticipates
there will be an additional 30,000
drivers between the ages of 18 and 21
who are eligible to participate in the
Under 21 Military CDL Pilot Program.
V. Paperwork Reduction Act
The Paperwork Reduction Act of 1995
(the PRA) (44 U.S.C. 3501–3520)
prohibits agencies from conducting
information collection (IC) activities
until they analyze the need for the
collection of information and how the
collected data 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 submitted its IC analysis
and burden estimate to the Office of
Management and Budget (OMB) as a
formal information collection request
(ICR) for this pilot program and received
approval on April 23, 2019. The ICR
expires on April 30, 2022, and can be
found under OMB Control Number
2126–0068.
VI. Removal From the Program
FMCSA reserves the right to remove
any motor carrier or driver from the
pilot program for reasons including, but
not limited to, failing to meet any of the
requirements of the program.
VII. Request for Public Comments
FMCSA requests comments on the
need for, and the advisability of,
including the additional MOS listed
above in the pilot program. Because the
questions asked in the 2016 Federal
Register notice were addressed in the
2018 notice, we are not seeking
responses on those issues.
[FR Doc. 2020–22401 Filed 10–8–20; 8:45 am]
BILLING CODE 4910–EX–P
Frm 00113
Fmt 4703
Federal Motor Carrier Safety
Administration
[Docket No. FMCSA–2020–0106]
Parts and Accessories Necessary for
Safe Operation; Application for an
Exemption From Nauto, Inc.
Federal Motor Carrier Safety
Administration (FMCSA), DOT.
ACTION: Notice of final disposition.
AGENCY:
The Federal Motor Carrier
Safety Administration (FMCSA)
announces its decision to grant the
Nauto, Inc. (Nauto) application for a
limited 5-year exemption to allow its
multi-sensor device to be mounted
lower in the windshield on commercial
motor vehicles (CMV) than is currently
permitted. The Agency has determined
that lower placement of the multi-sensor
device would not have an adverse
impact on safety and that adherence to
the terms and conditions of the
exemption would likely achieve a level
of safety equivalent to, or greater than,
the level of safety provided by the
regulation.
SUMMARY:
This exemption is applicable
October 9, 2020 and ending October 9,
2025.
FOR FURTHER INFORMATION CONTACT: Mr.
Jose´ R. Cestero, Vehicle and Roadside
Operations Division, Office of Carrier,
Driver, and Vehicle Safety, MC–PSV,
(202) 366–5541, Federal Motor Carrier
Safety Administration, 1200 New Jersey
Avenue SE, Washington, DC 20590–
0001.
Docket: For access to the docket to
read background documents or
comments submitted to notice
requesting public comments on the
exemption application, go to
www.regulations.gov at any time or visit
Room W12–140 on the ground level of
the West Building, 1200 New Jersey
Avenue SE, Washington, DC, between 9
a.m. and 5 p.m., ET, Monday through
Friday, except Federal holidays. To be
sure someone is there to help you,
please call (202) 366–9317 or (202) 366–
9826 before visiting Docket Operations.
The online Federal document
management system is available 24
hours each day, 365 days each year. The
docket number is listed at the beginning
of this notice.
SUPPLEMENTARY INFORMATION:
DATES:
Background
James W. Deck,
Deputy Administrator.
PO 00000
DEPARTMENT OF TRANSPORTATION
Sfmt 4703
FMCSA has authority under 49 U.S.C.
31136(e) and 31315 to grant exemptions
from certain parts of the Federal Motor
Carrier Safety Regulations (FMCSRs).
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Agencies
[Federal Register Volume 85, Number 197 (Friday, October 9, 2020)]
[Notices]
[Pages 64218-64220]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-22401]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2016-0069]
Commercial Driver's Licenses; Expansion of Military Occupational
Specialties in the Pilot Program To Allow Persons 18, 19, and 20 Years
Old With Military Driving Experience To Operate Commercial Motor
Vehicles in Interstate Commerce
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.
ACTION: Notice of pilot program; request for comments.
-----------------------------------------------------------------------
SUMMARY: As required by the Fixing America's Surface Transportation
(FAST) Act, FMCSA implemented a pilot program to allow individuals aged
18, 19 and 20 to operate commercial motor vehicles (CMVs) in interstate
commerce if they have received heavy-vehicle driver training in certain
Military Occupational Specialties (MOS) while in military service.
FMCSA proposes to expand the MOS eligible to participate in this pilot
program to provide additional service members with the opportunity to
transition to commercial driving jobs.
DATES: Comments must be received on or before November 9, 2020.
ADDRESSES: You may submit comments bearing the Federal Docket
Management System (FDMS) Docket ID FMCSA-2016-0069 using any of the
following methods:
Federal eRulemaking Portal: www.regulations.gov. Follow
the online instructions for submitting comments.
Mail: Docket Management Facility, U.S. Department of
Transportation, 1200 New Jersey Avenue SE, West Building, Ground Floor,
Room W12-140, Washington, DC 20590-0001.
Hand Delivery or Courier: West Building, Ground Floor,
Room W12-140, 1200 New Jersey Avenue SE, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.
Fax: 1-202-493-2251.
Each submission must include the Agency name and the docket number
for this notice. Note that DOT posts all comments received without
change to www.regulations.gov, including any personal information
included in a comment. Please see the Privacy Act heading below.
Privacy Act: In accordance with 5 U.S.C. 553(c), DOT solicits
comments from the public to better inform its rulemaking process. DOT
posts these comments, without edit, including any personal information
the commenter provides, to www.regulations.gov, as described in the
system of records notice (DOT/ALL-14 FDMS), which can be reviewed at
www.dot.gov/privacy.
FOR FURTHER INFORMATION CONTACT: Mr. Selden Fritschner, CDL Division,
Federal Motor Carrier Safety Administration, 1200 New Jersey Avenue SE,
Washington, DC 20590-0001, by email at [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:
I. Public Participation and Request for Comments
FMCSA encourages you to participate by submitting comments and
related materials. In this notice, FMCSA requests certain information,
but comments are not limited to responses to those requests.
Submitting Comments
If you submit a comment, please include the docket number for this
notice (FMCSA-2016-0069), indicate the specific section of this
document to which the comment applies, and provide a reason for
suggestions or recommendations. You may submit your comments and
material online, by fax, mail, or hand delivery, but please use only
one of these means. FMCSA recommends that you include your name and a
mailing address, an email address, or a phone number in the body of
your document so the Agency can contact you if it has questions
regarding your submission.
To submit your comment online, go to www.regulations.gov, put the
docket number, ``FMCSA-2016-0069'' in the ``Keyword'' box, and click
``Search.'' When the new screen appears, click on the ``Comment Now!''
button and type your comment into the text box in the following screen.
Choose whether you are submitting your comment as an individual or on
behalf of a third party and then submit. If you submit your comments by
mail or hand delivery, submit them in an unbound format, no larger than
8\1/2\ by 11 inches, suitable for copying and electronic filing. If you
submit comments by mail and would like to know that they reached the
[[Page 64219]]
facility, please enclose a stamped, self-addressed postcard or
envelope. FMCSA will consider all comments and material received during
the comment period.
Viewing Comments and Documents
To view comments, as well as documents mentioned in this notice as
being available in the docket, go to www.regulations.gov and insert the
docket number, ``FMCSA-2016-0069'' in the ``Keyword'' box and click
``Search.'' Next, click the ``Open Docket Folder'' button and choose
the document listed to review. If you do not have access to the
internet, you may view the docket online by visiting the Docket
Management Facility in Room W12-140 on the ground floor of the DOT West
Building, 1200 New Jersey Avenue SE, Washington, DC 20590, between 9
a.m. and 5 p.m., E.T., Monday through Friday, except Federal holidays.
To be sure someone is there to help you, please call (202) 366-9317 or
(202) 366-9826 before visiting Docket Operations.
II. Legal Basis
Under 49 U.S.C. 31315 and 31136(e), FMCSA is authorized to grant
waivers and exemptions from the Federal Motor Carrier Safety
Regulations (FMCSRs) and to conduct pilot programs. A waiver is limited
to a period of 3 months and may be granted without requesting public
comment (49 U.S.C. 31315(a)). By contrast, an exemption may remain in
effect for up to 5 years \1\ and may be renewed. The Secretary must
provide the public with an opportunity to comment on each exemption
request prior to granting or denying it (49 U.S.C. 31315(b)).
---------------------------------------------------------------------------
\1\ Section 5206 of the Fixing America's Surface Transportation
(FAST) Act amended 49 U.S.C. 31315(b)(2) to extend the maximum
duration of an exemption from 2 years to 5 years, effective October
1, 2015.
---------------------------------------------------------------------------
Pilot programs under 49 U.S.C. 31315(c) may include one or more
exemptions to allow for the testing of innovative alternatives to
certain FMCSRs. FMCSA must publish in the Federal Register a detailed
description of each pilot program, including the exemptions being
considered, and provide notice and an opportunity for public comment
before the effective date of the program. The Agency is required to
ensure that the safety measures in the pilot programs are designed to
achieve a level of safety that is equivalent to, or greater than, the
level of safety that would be achieved through compliance with the
safety regulations. The maximum duration of pilot programs is 3 years
from the starting date.
At the conclusion of each pilot program, FMCSA must report to
Congress its findings, conclusions, and recommendations, including
suggested amendments to laws and regulations that would enhance motor
carrier, CMV, and driver safety, and improve compliance with the
FMCSRs.
Section 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 currently 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 an MOS to operate a CMV or similar vehicle. A
driver participating in the program may not transport passengers or
hazardous cargo, or operate a vehicle in a ``special configuration.''
Section 5404 requires the pilot program to collect and analyze data
regarding crashes involving covered drivers participating in the
program, and drivers under the age of 21 operating CMVs in intrastate
commerce.
Section 5404 also requires the Secretary to ``. . . conduct,
monitor, and evaluate . . .'' the pilot program in consultation with a
working group consisting of representatives of the armed forces,
industry, drivers, safety advocacy organizations, and State licensing
and enforcement officials. The working group must review the data
collected and make recommendations to the Secretary regarding the
feasibility, benefits, and safety impacts of allowing a covered driver
to operate in interstate commerce. (See Section V of this notice.)
III. Background
On August 22, 2016, FMCSA published a notice that described the
proposed pilot program required by the FAST Act and solicited public
comment (81 FR 56745). On July 6, 2018, the Agency published a further
notice responding to the comments received and outlining the details of
the pilot program (83 FR 31633). Please refer to those two documents
for a comprehensive discussion of the pilot program and the 7 MOS that
currently qualify for the pilot program.
IV. Armed Forces Heavy-Vehicle Driver Training Programs
Four branches of the Department of Defense--the Army, Air Force,
Navy, and Marine Corps--include an MOS specifically focused on motor
transport operations and consequently provide specific training to
their personnel on how to operate heavy-duty vehicles. Additionally,
there are three MOS classifications with additional training required
for other types of heavy-duty specialty vehicles (e.g., gasoline
haulers, construction vehicles, and military equipment transport
oversize/overweight [non-track] vehicles).
As such, the seven original Military Occupational Specialties
approved for the Pilot program in the July 6, 2018, Federal Register
notice are as follows:
Army
[cir] 88M Motor Transport Operator
[cir] 92F Fueler
Marine Corps
[cir] 3531 Motor Vehicle Operator
Navy
[cir] E.O. Equipment Operator
Air Force
[cir] 2TI Vehicle Operator
[cir] 2FO Fueler
[cir] 3E2 Pavement and Construction Equipment Operator
FMCSA is proposing to expand the list of eligible MOS to include
additional MOS classifications for which heavy-duty vehicle operation
is a core duty and for which heavy-vehicle training is a requirement.
Those additional MOS are as follows:
Army
[cir] 12B Combat Engineer
[cir] 13B Field Artillery
[cir] 13P MLRS (Multiple Launch Rocket System)
[cir] 88H Transportation Cargo
[cir] 14T Patriot Launching Station Operator
Marine Corps
[cir] 3537 After 3531 achieves the rank of SSgt
[cir] 0811 Field Artillery Cannoneer
[cir] 1371 Combat Engineer
[cir] 1345 Engineer Equipment Operator
Each of these proposed additions requires drivers to complete
classroom and road (skills) training prior to receiving the MOS
designation, as well as ongoing training and routine recertification on
heavy vehicle operations. Military personnel in these MOS receive
continuous training during their service period to maintain
proficiency. Additionally, retesting is conducted annually, at a
minimum.
The core training agenda for each of these MOS includes:
Classroom Training and Preparedness:
[cir] Ensuring the driver is in possession of a valid State
driver's license;
[cir] Confirming the physical qualifications for a large truck
driver;
[cir] Providing training equivalent to the
[[Page 64220]]
civilian commercial learner's permit (CLP);
[cir] Training directed at the driver responsibilities and
Government liability;
[cir] Awareness of State, local, host nation, and post traffic
regulations and laws;
[cir] Equipment inspection and maintenance;
[cir] Accident reporting procedures;
[cir] Vehicle inspection; preventive maintenance checks and
services;
[cir] Crash avoidance;
[cir] Environmental considerations;
[cir] Night driving;
[cir] Response to emergency situations; vehicle malfunctions; and
[cir] Route planning.
Road Training:
[cir] Vehicle characteristics;
[cir] Parking and backing;
[cir] Operating systems;
[cir] Basic control tasks;
[cir] Road conditions;
[cir] Size and weight;
[cir] Negotiating traffic;
[cir] Yielding right of way;
[cir] Intersections;
[cir] Turns;
[cir] Following distance;
[cir] Negotiating curves;
[cir] Adverse weather;
[cir] Skids; and
[cir] Speed.
To obtain an MOS credential, both for the MOS currently eligible
for the Agency's pilot program, and for the additional MOS proposed in
this notice, each driver must pass the driver skills test, which
includes the following components:
Forward stop;
Straight line backing;
Alley dock parking;
Eight left and eight right turns;
A straight section of urban business streets;
Two through intersections;
Two railway crossings;
Two curves, one to the left and one to the right;
A two-lane rural or semi-rural road;
Expressway driving, including lane changes and higher speeds;
and
Gear shifting for:
[cir] Downgrade;
[cir] upgrade;
[cir] downgrade for stopping;
[cir] upgrade for stopping;
[cir] underpass or low clearance, and
[cir] one bridge.
The training requirements for the nine new proposed MOS are
equivalent to those required for the original seven MOS approved for
the pilot program. As such, FMCSA believes that the safety of the pilot
program will not be adversely affected by inclusion of these additional
MOS in the program. These additional MOS are being included at the
recommendation of the Army and Marine Corps to provide additional
service members with the opportunity to transition to commercial
driving jobs. These additional MOS were not included previously because
FMCSA was not aware that these classifications received heavy-vehicle
training and recurrent training equivalent to the training the original
MOS receive. By increasing the MOS, FMCSA anticipates there will be an
additional 30,000 drivers between the ages of 18 and 21 who are
eligible to participate in the Under 21 Military CDL Pilot Program.
V. Paperwork Reduction Act
The Paperwork Reduction Act of 1995 (the PRA) (44 U.S.C. 3501-3520)
prohibits agencies from conducting information collection (IC)
activities until they analyze the need for the collection of
information and how the collected data 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 submitted its IC
analysis and burden estimate to the Office of Management and Budget
(OMB) as a formal information collection request (ICR) for this pilot
program and received approval on April 23, 2019. The ICR expires on
April 30, 2022, and can be found under OMB Control Number 2126-0068.
VI. Removal From the Program
FMCSA reserves the right to remove any motor carrier or driver from
the pilot program for reasons including, but not limited to, failing to
meet any of the requirements of the program.
VII. Request for Public Comments
FMCSA requests comments on the need for, and the advisability of,
including the additional MOS listed above in the pilot program. Because
the questions asked in the 2016 Federal Register notice were addressed
in the 2018 notice, we are not seeking responses on those issues.
James W. Deck,
Deputy Administrator.
[FR Doc. 2020-22401 Filed 10-8-20; 8:45 am]
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