Safe Driver Apprenticeship Pilot Program To Allow Persons Ages 18, 19, and 20 To Operate Commercial Motor Vehicles in Interstate Commerce, 2477-2482 [2022-00733]
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Federal Register / Vol. 87, No. 10 / Friday, January 14, 2022 / Notices
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Michelle King,
Deputy Commissioner, for Budget, Finance,
and Management.
[FR Doc. 2022–00638 Filed 1–13–22; 8:45 am]
BILLING CODE 4191–02–P
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[Docket No. FMCSA–2018–0346]
Safe Driver Apprenticeship Pilot
Program To Allow Persons Ages 18,
19, and 20 To Operate Commercial
Motor Vehicles in Interstate Commerce
Federal Motor Carrier Safety
Administration (FMCSA), Department
of Transportation (DOT).
ACTION: Notice and establishment of
pilot program.
AGENCY:
On September 10, 2020,
FMCSA proposed a pilot program to
allow persons ages 18, 19, and 20 to
operate commercial motor vehicles
(CMVs) in interstate commerce. That
pilot was never implemented. However,
the Infrastructure Investment and Jobs
Act (IIJA), which was signed into law on
November 15, 2021, requires FMCSA to
establish a pilot program that would
allow employers to establish an
apprenticeship program for certain 18-,
19-, and 20-year-old drivers to operate
commercial vehicles in interstate
commerce. This notice addresses the
comments received on the September
10, 2020, notice and provides the details
on the establishment of the Safe Driver
Apprenticeship Pilot Program required
by the IIJA.
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, nikki.mcdavid@dot.gov, (202)
366–0831. If you have questions about
viewing or submitting material to the
docket, call DOT Dockets Operations,
(202) 366–9826.
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SUMMARY:
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SUPPLEMENTARY INFORMATION:
I. Definitions
For the purposes of the Safe Driver
Apprenticeship Pilot Program, FMCSA
is using the following definitions, as
prescribed in section 23022 of IIJA:
Apprentice—An individual who is
under the age of 21 and holds a
commercial driver’s license (CDL).
Commercial driver’s license (CDL)—A
license issued by a State to an
individual authorizing the individual to
operate a class of CMV.
Commercial motor vehicle (CMV)—
Any self-propelled or towed motor
vehicle used on a highway in interstate
commerce to transport passengers or
property when the vehicle—(1) has a
gross vehicle weight rating or gross
combination weight rating, or gross
vehicle weight or gross combination
weight, of 4,536 kg (10,001 pounds) or
more, whichever is greater; or (2) is
designed or used to transport more than
8 passengers (including the driver) for
compensation; or (3) is designed or used
to transport more than 15 passengers,
including the driver, and is not used to
transport passengers for compensation;
or (4) is used in transporting material
found by the Secretary of Transportation
(the Secretary) to be hazardous under 49
U.S.C. 5103 and transported in a
quantity requiring placarding under
regulations prescribed by the Secretary
under 49 CFR, subtitle B, chapter I,
subchapter C.
Driving time—All time spent at the
driving controls of a CMV in operation.
Experienced driver—An individual
who
1. Is not younger than 26 years of age;
2. Has held a commercial driver’s
license for the 2-year period ending on
the date on which the individual serves
as an experienced driver;
3. During the 2-year period ending on
the date on which the individual serves
as an experienced driver, has had no
i. preventable accidents reportable to
the Department; or
ii. pointed moving violations; and
4. Has a minimum of 5 years of
experience driving a CMV in interstate
commerce.
On-duty time—All time from the time
a driver begins to work or is required to
be in readiness to work until the time
the driver is relieved from work and all
responsibility for performing work. Onduty time shall include:
1. All time at a plant, terminal,
facility, or other property of a motor
carrier or shipper, or on any public
property, waiting to be dispatched,
unless the driver has been relieved from
duty by the motor carrier;
2. All time inspecting, servicing, or
conditioning any CMV at any time;
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3. All driving time as defined in the
term driving time;
4. All time in or on a CMV, other
than:
i. Time spent resting in or on a parked
vehicle, except as otherwise provided in
§ 397.5;
ii. Time spent resting in a sleeper
berth; or
iii. Up to 3 hours riding in the
passenger seat of a property-carrying
vehicle moving on the highway
immediately before or after a period of
at least 7 consecutive hours in the
sleeper berth;
5. All time loading or unloading a
CMV, supervising, or assisting in the
loading or unloading, attending a CMV
being loaded or unloaded, remaining in
readiness to operate the CMV, or in
giving or receiving receipts for
shipments loaded or unloaded;
6. All time repairing, obtaining
assistance, or remaining in attendance
upon a disabled CMV;
7. All time spent providing a breath
sample or urine specimen, including
travel time to and from the collection
site, to comply with the random,
reasonable suspicion, post-crash, or
follow-up testing required by part 382
when directed by a motor carrier;
8. Performing any other work in the
capacity, employ, or service of, a motor
carrier; and
9. Performing any compensated work
for a person who is not a motor carrier.
Pointed moving violation—A
violation that results in points being
added to the license of a driver, or a
similar comparable violation, as
determined by the Secretary.
II. Legal Basis
Subject to limited exceptions for farm
vehicle drivers of articulated CMVs (49
CFR 391.67) and private (non-business)
motor carriers of passengers (49 CFR
391.68), drivers of CMVs engaged in
interstate commerce must be at least 21
years of age, whether or not operation of
the CMV requires a CDL (49 CFR
391.11(b)(1)).
Under 49 U.S.C. 31315 and 31136(e),
the Secretary has authority to grant
waivers and exemptions from the
Federal Motor Carrier Safety
Regulations (FMCSRs) and to conduct
pilot programs in which one or more
exemptions are granted to allow for the
testing of innovative alternatives to
certain FMCSRs. FMCSA must publish
in the Federal Register a detailed
description of each pilot program,
including the exemptions being
considered, and provide notice and an
opportunity for public comment before
the effective date of the program. The
Agency is required to ensure that the
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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 a
pilot program is 3 years. The regulatory
standards for pilot programs are
codified at 49 CFR part 381, subparts D
and E. 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 23022 of IIJA requires that the
Secretary establish a pilot program
allowing employers to establish
apprenticeship programs that would
enable 18-, 19-, and 20-year-old drivers
with CDLs to operate a CMV in
interstate commerce. Under this same
section, the Secretary must establish the
pilot program not later than 60 days
after the date of enactment of IIJA.
III. Discussion
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.
On September 10, 2020, FMCSA
published a Federal Register notice
proposing the requirements of a younger
driver pilot program, including the
exemptions being considered, and
provided the public the opportunity to
comment. The exemptions identified in
that notice were relief from the effect of
the intrastate only (or ‘‘K’’) restriction
that would appear on a CDL under 49
CFR 383.153(a)(10)(vii) and an
exemption from the requirement that a
CMV driver operating in interstate
commerce be at least 21 years of age
under 49 CFR 391.11(b)(1). On
November 15, 2021, IIJA, commonly
referred to as the Bipartisan
Infrastructure Law (BIL), was signed
into law. Section 23022 of the BIL
requires FMCSA to establish a pilot
program that would allow motor carriers
to begin an apprenticeship program as
outlined in the BIL. The apprenticeship
program must consist of two
probationary periods, one for 120 hours
and the other for 280 hours, each of
which includes minimum hours of
driving time with an experienced driver
and performance benchmarks. In
addition, the CMVs to be operated
during the pilot program must be
equipped with specific vehicle safety
technologies. Additional requirements
can be found later in this notice.
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The pilot program proposed in the
September 2020 Federal Register notice
and the apprenticeship pilot program
required under section 23022 of the BIL
are substantially the same. Both call for
two probationary periods, one for 120
hours and the other for 280 hours, and
specific vehicle safety technologies.
Additionally, the exemptions required
for this pilot program are the same as
those identified in the September 2020
notice. Because of the similarity
between the pilot program proposed in
September of 2020 and the requirements
for the pilot program mandated by
section 23022 of the BIL, FMCSA has
determined that the September 2020
notice, and the comments received
thereon, can satisfy the notice and
comment requirement from 49 CFR
381.500(d). FMCSA summarizes the
comments received on the September
2020 notice below.
IV. Discussion of Comments
In the September 10, 2020, Federal
Register notice, FMCSA outlined its
proposed pilot program and requested
comments on any additional safeguards,
the ability to obtain enough drivers, the
vehicle technology requirements, limits
to the distance apprentices can operate,
data collection burdens, and limits on
driver participation that FMCSA should
consider in developing the pilot
program requirements.
FMCSA received 201 comments to the
docket, of which 10 were duplicate
submissions. Of the 191 distinct
submissions, 127 commenters favored
the proposal, while 50 opposed it.
Twenty members of Congress submitted
a letter to the docket supporting the
program. Other commenters remained
neutral, offered conditional support,
provided responses to the questions
posed in the notice, or offered other
suggestions. More than 139 individuals
and 62 organizations commented.
The organizations that favored the
pilot program included the American
Trucking Associations, Commercial
Vehicle Training Association,
International Foodservice Distributors
Association, National Association of
Chemical Distributors, National Grocer
Association, National Retail Federation,
the Port Authority of New York and
New Jersey, and the Truckload Carriers
Association. In addition, numerous
private citizens, motor carriers, training
schools, State trucking associations,
State Drivers Licensing Agencies, and
other professional trade associations
offered full or conditional support for
the initiation of the younger driver pilot
program proposed in the September
2020 Federal Register notice.
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Commenters including the American
Association of Motor Vehicle
Administrators, Commercial Vehicle
Safety Alliance, Insurance Institute for
Highway Safety, and several motor
carriers, private citizens, and other
professional trade associations asked for
clarification, provided data, and offered
recommendations.
Those opposing the initiation of the
younger driver pilot program included
Advocates for Highway and Auto Safety,
Citizens for Reliable and Safe Highways,
the National Safety Council, National
Transportation Safety Board, the OwnerOperator Independent Drivers
Association, Parents Against Tired
Truckers, and the Truck Safety
Coalition. These opponents focused on
safety, noting that younger drivers are
more distracted and have higher rates of
crashes, and cited the Centers for
Disease Control and Prevention, which
says that teenagers are unable to
correctly analyze dangerous situations.
In addition, opponents also
mentioned that the driver age should be
raised to 25 years old and that younger
drivers will not be able to handle
differing conditions that exist across the
country, such as weather, terrain, and
varying laws.
Public Comments on 2020 Notice
The 2020 Federal Register notice
asked several questions related to the
additional safeguards, the ability to
obtain enough drivers, the vehicle
technology requirements, limits to the
distance apprentices may operate, data
collection burdens, and limits on driver
participation.
Additional safeguards. FMCSA asked
the public whether it should consider
any additional safeguards to ensure that
the pilot program provides an
equivalent level of safety to the
regulations without the age exemption.
Most commenters that provided
feedback on the question felt that no
additional safeguards would be needed.
The commenters that recommended
specific safeguards cited behavior tests,
pre-program Commercial Learner’s
Permit (CLP) skills test, added training
hours, recording devices, and additional
insurance. Section 23022 of the BIL
establishes detailed safeguards that
should be included as part of the pilot
program for driver apprentices, some of
which were suggested by commenters
(such as recording devices), and as such
FMCSA is adopting these as part of the
Safe Driver Apprenticeship Pilot
Program.
Control group drivers. FMCSA asked
the public if carriers would be able to
obtain enough drivers to serve in the
control group. The commenters that
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provided feedback on the question
believed that carriers should be able to
obtain enough drivers for the control
group. Some commenters did mention
that small carriers may find it difficult
to find control group drivers. FMCSA
has decided to not collect data on a
specific control grop and will instead
utilize comparison data on current CMV
drivers, including both intrastate and
interstate.
Vehicle technology requirements.
FMCSA asked whether the technology
requirements proposed for the pilot
program would limit participation by
smaller companies. The majority of
commenters that provided feedback did
believe that the technology
requirements may limit smaller motor
carriers from participating in the pilot
program. One commenter felt that
although the technology requirements
may be costly initially, as technology
becomes more available the costs will go
down over time. FMCSA acknowledges
that the requirements may limit smaller
company participation, but as they are
now required by section 23022 of the
BIL, they must be included. FMCSA
will take this fact into consideration
when it analyzes the data and completes
its final report on the pilot.
Distance limits. FMCSA asked
whether it should limit the distance that
pilot program participants be allowed to
operate. The majority of commenters
that provided feedback on the question
did not believe that the FMCSA should
limit the distance a pilot program
participant can operate. One commenter
felt that a distance restriction would
defeat the purpose of the pilot and
would not allow for a true comparison
in the data for the program. Section
23022 does not include limitations on
the distance an apprentice can travel.
FMCSA has determined that it will not
add such limitations to the pilot
program for the same reasons identified
by the majority of the commenters.
Data collection efforts. FMCSA asked
if the data collection efforts proposed
would be so burdensome for carriers as
to discourage their participation. The
commenters that responded to this
question were split on whether the data
collection efforts would be burdensome.
Some felt that although the data
collection is burdensome, it would be
manageable and that most carriers have
basic systems in place that would help
with the data collection. FMCSA is
aware of the information collection
burden this pilot program creates (see
discussion below), but determined that
the reporting is necessary to inform the
final report on the pilot program.
Participation limits. FMCSA asked
whether it should limit participation to
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drivers who have not been involved in
a preventable crash. The commenters
that responded to this question were
split on this question. Those that felt
FMCSA should not limit participation
agreed that the limit would improve the
safety of the program but would skew
the data. FMCSA will review the
records of proposed apprentice drivers
to ensure they do not present a safety
risk as outlined below in the pilot
program requirements section. FMCSA
will account for any resulting skew in
the data collected.
V. Pilot Program Requirements and
Procedures
Information Collection Approval
On January 7, 2022, and in
accordance with the Paperwork
Reduction Act (PRA) of 1995, FMCSA
requested the Office of Management and
Budget (OMB) grant emergency
clearance for the new information
collection titled, ‘‘Safe Driver
Apprenticeship Pilot Program.’’ (87 FR
1001). That notice summarized the
expected data collection burdens on
participants in the pilot program. Once
emergency approval is granted, FMCSA
will seek OMB approval for the full 3year period using the usual PRA
approval process, which will allow for
both a 60-day and a 30-day comment
period for the public.
Announcement of Safe Driver
Apprenticeship Pilot Program
Once implemented, 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
drivers interested in participating in the
pilot program.
Motor Carriers Needed
Section 23022 of BIL requires that no
more than 3,000 apprentices will
participate in the Safe Driver
Apprenticeship Pilot Program at any
one time. For the purposes of
determining paperwork burden
estimates, FMCSA assumed a maximum
of 1,000 participating motor carriers that
would hire at least 3,000 apprenticeship
pilot program participants. FMCSA
recognizes additional apprentices will
be needed to account for turnover due
to drivers choosing to leave the
program, drivers not progressing
through the probationary periods, and
drivers aging out of the program. The
length of time during which
replacement apprentices will be added
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will be determined by FMCSA based on
the statistical and administrative needs
of the pilot program data collection
plan.
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.
Motor Carrier Requirements
Motor carriers that would like to
participate in the Safe Driver
Apprenticeship Pilot Program must
complete an application for
participation (see additional details
below) and submit monthly data on an
apprentice’s 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 will be
required to notify FMCSA within 24
hours of: (1) Any injury or fatal crash
involving an apprentice; (2) an
apprentice receiving an alcohol-related
citation in any vehicle (e.g., driving
under the influence or driving while
intoxicated); (3) an apprentice choosing
to leave the pilot program; (4) an
apprentice leaving the carrier; or (5) an
apprentice failing a random or postcrash drug/alcohol test.
In addition to meeting the the
requirements established in section
23022 of BIL for an apprenticeship pilot
program, carriers must register an
apprenticeship program with the U.S.
Department of Labor (DOL). While it is
not a requirement that carriers become
a registered apprenticeship program
prior to applying to FMCSA’s pilot
program, FMCSA notes that interested
carriers may want to work with DOL
while FMCSA is finalizing its program
and before the application period for
FMCSA’s pilot program is opened.
Additionally, carriers will need to verify
that proposed apprentices meet all other
requirements to participate.
Approved carriers will be publicly
announced on the Agency’s website to
encourage potential apprentices to
apply for employment directly with the
identified carriers. Approved carriers
will be able to assist apprentices (whom
they employ) with completion of their
application and participation
agreement.
Approved motor carriers must ensure
that they hire apprentices that meet the
requirements in the ‘‘Apprentices’’
portion of this Federal Register notice.
If at any time while participating in the
pilot program, an apprentice is
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disqualified for a major offense, serious
traffic violation, railroad-highway grade
crossing violation, or violation of an
out-of-service order, as outlined in 49
CFR 383.51 of the FMCSRs, the
employer must immediately notify
FMCSA and remove the apprentice from
the program.
Before an approved motor carrier can
allow an apprentice to operate under the
Safe Driver Apprenticeship Pilot
Program, FMCSA will review the
driver’s safety performance history
against its systems and will issue an
exemption for each driver. The
exemption allows the driver to operate
in interstate commerce while
participating in the pilot program
despite being under 21 and having a
‘‘K’’ restriction on their CDL. An
apprentice may not operate in interstate
commerce without the exemption
notice.
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.
Motor Carrier Qualifications
When FMCSA announces the
implementation of the Safe Driver
Apprenticeship Pilot Program,
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 at least the minimum
levels of financial responsibility
required by the FMCSRs;
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
enforcement actions (e.g., Imminent
Hazard, Operations Out-of-Service
(OOS) Orders, Patterns of Safety
Violations) in the previous 6 years;
6. Must not have a crash rate above
the national average;
7. Must not have a driver OOS rate
above the national average; and
8. Must not have a vehicle OOS rate
above the national average.
Enforcement actions resulting in civil
penalties will be reviewed on a case-bycase basis. In addition, unpaid civil
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penalties may be grounds to deny
participation in the pilot program.
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 apprentices to operate in
interstate commerce. Approved motor
carriers will be publicly announced on
the Agency’s website to encourage
potential apprentices 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 at any time if the:
1. Carrier does not maintain proper
operating authority, if required, and
registration;
2. Carrier does not maintain the
required minimum levels of financial
responsibility;
3. Carrier is prioritized as a high risk;
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,
Operations OOS Orders, Patterns of
Safety Violations). Enforcement actions
resulting in civil penalties will be
reviewed on a case-by-case basis.
7. For the last full calendar year,
carrier has a crash rate (per million
vehicle miles traveled) above the
national average;
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.
Establishment of Apprenticeship
Program
As required by section 23022 of IIJA
and as a condition of participating in
the Safe Driver Apprenticeship Pilot
Program, approved motor carriers must
also establish an apprenticeship
program. The apprenticeship program
must consist of a 120-hour probationary
period and a 280-hour probationary
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period for apprentice drivers. Nothing
in this notice prevents an employer
from imposing additional requirements
on an apprentice.
120-Hour Probationary Period
During the 120-hour probationary
period, the employing motor carrier
must ensure the apprentice:
1. Completes 120 hours of on-duty
time, of which not less than 80 hours
shall be driving time in a CMV; and
2. 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.
280-Hour Probationary Period
After the 120-hour probationary
period, the motor carrier must ensure
the apprentice completes a 280-hour
probationary period. The employing
motor carrier must ensure the
apprentice:
1. Completes 280 hours of on-duty
time, of which not less than 160 hours
shall be driving time in a CMV; and
2. 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.
CMV Technologies
During both the 120-hour
probationary period and the 280-hour
probationary period, the employing
motor carrier must ensure the
apprentice only drives a CMV that has
an automatic manual or automatic
transmission; an active braking collision
mitigation system; a forward-facing
video event capture system; and a
governed speed of 65 miles per hour at
the pedal and under adaptive cruise
control. In addition, the apprentice must
be accompanied in the passenger seat of
the CMV by an experienced driver.
Nothing in the notice prevents an
employer from requiring or installing
additional technologies in a CMV.
Records Retention
The employing motor carrier must
maintain records relating to the
satisfaction of the performance
benchmarks for each apprentice that is
in the Safe Driver Apprenticeship Pilot
Program.
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Apprentice Prohibitions
The employing motor carrier must
ensure that the apprentice does not
transport passengers or hazardous
materials, or operate double- or tripletrailer combinations or cargo tank
vehicles while participating in the Safe
Driver Apprenticeship Pilot Program,
regardless of any license endorsements
held.
Reportable Incidents
As outlined in section 23022 of BIL,
the employing motor carrier must
ensure that, if an apprentice is involved
in a reportable, preventable crash or
receives a pointed moving violation
while driving a CMV, the apprentice
will undergo remediation and
additional training until the apprentice
can demonstrate, to the satisfaction of
the motor carrier, competence in each of
the performance benchmarks. The
extent of remediation and additional
training will be left to the discretion of
the employing motor carrier. FMCSA
will clarify the standards for
remediation and additional training on
its website once the Agency begins
accepting applications for the pilot
program.
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Registering an Apprenticeship Program
With the DOL
Employing motor carriers that are
approved to participate in the Safe
Driver Apprenticeship Pilot Program
must also register an apprenticeship
program with the DOL, in accordance
with the regulations found at 29 CFR
part 29. If an employing motor carrier
already has a registered apprenticeship
program with the DOL, the motor carrier
must ensure it meets the requirements
for the Safe Driver Apprenticeship Pilot
Program and maintains requirements for
DOL’s Registered Apprenticeship
Program.
Apprentice Requirements
Drivers of CMVs, as defined in 49 CFR
383.5 and 390.5T, engaged in interstate
commerce, must be at least 21 years of
age (§ 391.11(b)(1)). An 18-year-old
commercial CLP or CDL holder may
drive in intrastate commerce only.
An apprentice that participates in the
Safe Driver Apprenticeship Pilot
Program will be provided relief from
sections of 49 CFR parts 383 and 391
concerning minimum age requirements.
Specifically, FMCSA will provide relief
from the effect of the intrastate only (or
‘‘K’’) restriction that appears on a CDL
in accordance with § 383.153(a)(10)(vii)
and an exemption from the requirement
in § 391.11(b)(1) that a CMV driver
operating in interstate commerce be at
least 21 years of age.
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An apprentice may drive a CMV in
interstate commerce while participating
in the 120-hour probationary period or
the 280-hour probationary period under
the Safe Driver Apprenticeship Pilot
Program so long as an experienced
driver accompanies them in the
passenger seat of the CMV.
An apprentice may drive a CMV in
interstate commerce after the apprentice
completes the 120-hour probationary
period and the 280-hour probationary
period; however, the apprentice is still
considered to be participating in the
Safe Driver Apprenticeship Pilot
Program, and their safety performance
must continue to be monitored by the
employing motor carrier, including
monthly safety performance reports
filed with FMCSA, until the driver
reaches the age of 21.
An apprentice may not participate in
the Safe Driver Apprenticeship Pilot
Program if during the 2-year period
immediately preceding the date of hire,
the 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
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. Had been convicted of any
violations described below in any type
of motor vehicle:
a. Had been under the influence of
alcohol as prescribed by State law;
b. Had been under the influence of a
controlled substance;
c. Had an alcohol concentration of
0.04 or greater while operating a CMV;
d. 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;
e. Left the scene of a crash;
f. Used the vehicle to commit a
felony;
g. Drove a CMV while his or her CDL
is revoked, suspended, cancelled; or he
or she is disqualified from operating a
CMV;
h. Caused a fatality through the
negligent operation of a CMV (including
motor vehicle manslaughter, homicide
by motor vehicle, or negligent
homicide);
i. Had more than one conviction for
any of the violations described below in
any type of motor vehicle;
—Drove recklessly, as defined by State
or local law or regulation (including
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2481
offenses of driving a motor vehicle in
willful or wanton disregard for the
safety of persons or property);
—Drove a CMV without the required
CDL;
—Violated a State or local law or
ordinance on motor vehicle traffic
control prohibiting texting while
driving; or
—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.
The apprentice must also agree to the
release of specific information by their
employing motor carrier, 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 § 383.51 violations).
If at any time while participating in
this pilot program, an apprentice is
disqualified for a major offense, serious
traffic violations, railroad-highway
grade crossing violation, or violation of
an out-of-service order, as outlined in 49
CFR 383.51 of the FMCSRs, he or she
will be disqualified and removed from
the program.
An apprentice 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 an apprentice. If an
apprentice leaves an approved motor
carrier during the pilot program, he or
she is not approved to operate in
interstate commerce unless re-employed
with another approved motor carrier
participating in the pilot program. A
new apprentice application must be
submitted for any new or additional
hires by the approved motor carrier so
that FMCSA can verify eligibility as part
of the Agency’s oversight of the pilot
program.
Other Requirements and Information
FMCSA will 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.
Comparison Groups
FMCSA will compare the safety
performance data of 18-, 19-, and 20year-old intrastate drivers to known
safety performance of intrastate drivers
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Federal Register / Vol. 87, No. 10 / Friday, January 14, 2022 / Notices
and interstate drivers. FMCSA will use
existing data from FMCSA systems to
compare current safety and performance
of CMV operators to the safety and
performance of apprentices
participating in the pilot program.
Additionally, FMCSA will analyze the
performance of apprentices before,
during, and after their probationary
periods.
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,
CDL 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.
Length and Termination of Pilot
Program
Under 49 CFR part 381, FMCSA can
continue the pilot program for up to 3
years, but may conclude the program
sooner if there is sufficient data to
analyze the safety of the pilot program
drivers or if there is reason to believe
the program is not achieving an
equivalent level of safety that would be
achieved by complying with the
regulations. Additionally, the BIL
requires that on the date that is 3 years
after the date of establishment of the
pilot program, FMCSA will terminate
the program. At that time, any driver
under the age of 21 who has completed
an apprenticeship program may
continue to drive a CMV in interstate
commerce until turning 21, unless it is
determined a safety concern exists.
Meera Joshi,
Deputy Administrator.
[FR Doc. 2022–00733 Filed 1–13–22; 8:45 am]
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BILLING CODE 4910–EX–P
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DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
[Docket No. FRA–2022–0002–N–1]
Proposed Agency Information
Collection Activities; Comment
Request
Federal Railroad
Administration (FRA), Department of
Transportation (DOT).
ACTION: Notice of information collection;
request for comment.
AGENCY:
Under the Paperwork
Reduction Act of 1995 (PRA) and its
implementing regulations, FRA seeks
approval of the Information Collection
Request (ICR) abstracted below. Before
submitting this ICR to the Office of
Management and Budget (OMB) for
approval, FRA is soliciting public
comment on specific aspects of the
activities identified in the ICR.
DATES: Interested persons are invited to
submit comments on or before March
15, 2022.
ADDRESSES: Written comments and
recommendations for the proposed ICR
should be submitted on regulations.gov
to the docket, Docket No. FRA–2022–
0002. All comments received will be
posted without change to the docket,
including any personal information
provided. Please refer to the assigned
OMB control number in any
correspondence submitted. FRA will
summarize comments received in
response to this notice in a subsequent
notice and include them in its
information collection submission to
OMB for approval.
FOR FURTHER INFORMATION CONTACT: Ms.
Hodan Wells, Information Collection
Clearance Officer, at email:
hodan.wells@dot.gov or telephone: (202)
493–0440.
SUPPLEMENTARY INFORMATION: The PRA,
44 U.S.C. 3501–3520, and its
implementing regulations, 5 CFR part
1320, require Federal agencies to
provide 60-days’ notice to the public to
allow comment on information
collection activities before seeking OMB
approval of the activities. See 44 U.S.C.
3506, 3507; 5 CFR 1320.8 through
1320.12. Specifically, FRA invites
interested parties to comment on the
following ICR regarding: (1) Whether the
information collection activities are
necessary for FRA to properly execute
its functions, including whether the
activities will have practical utility; (2)
SUMMARY:
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Fmt 4703
Sfmt 4703
the accuracy of FRA’s estimates of the
burden of the information collection
activities, including the validity of the
methodology and assumptions used to
determine the estimates; (3) ways for
FRA to enhance the quality, utility, and
clarity of the information being
collected; and (4) ways for FRA to
minimize the burden of information
collection activities on the public,
including the use of automated
collection techniques or other forms of
information technology. See 44 U.S.C.
3506(c)(2)(A); 5 CFR 1320.8(d)(1).
FRA believes that soliciting public
comment may reduce the administrative
and paperwork burdens associated with
the collection of information that
Federal regulations mandate. In
summary, FRA reasons that comments
received will advance three objectives:
(1) Reduce reporting burdens; (2)
organize information collection
requirements in a ‘‘user-friendly’’ format
to improve the use of such information;
and (3) accurately assess the resources
expended to retrieve and produce
information requested. See 44 U.S.C.
3501.
The summaries below describe the
ICRs that FRA will submit for OMB
clearance as the PRA requires:
Title: Locomotive Certification (Noise
Compliance Regulations).
OMB Control Number: 2130–0527.
Abstract: Under authority granted by
the Noise Control Act of 1972, the
Environmental Protection Agency (EPA)
has established limits for noise
emissions related to rail carriers in 40
CFR part 201. Those limits are enforced
by FRA under 49 CFR part 210. In
particular, the information FRA collects
under § 210.27 is necessary to ensure
compliance with EPA noise standards
for new locomotives. Although railroads
no longer need to display a certification
badge or tag in the locomotive cab, as
was previously required by nowremoved § 210.27(d), the locomotives
still need to be tested and certified to
comply with the noise emission
standards, as required under
§ 210.27(a)–(c).
Type of Request: Extension without
change (with changes in estimates) of a
currently approved collection.
Affected Public: Businesses.
Form(s): N/A.
Respondent Universe: 4 locomotive
manufacturers.
Frequency of Submission: On
occasion.
Reporting Burden:
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]]>Agencies
[Federal Register Volume 87, Number 10 (Friday, January 14, 2022)]
[Notices]
[Pages 2477-2482]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-00733]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2018-0346]
Safe Driver Apprenticeship 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), Department
of Transportation (DOT).
ACTION: Notice and establishment of pilot program.
-----------------------------------------------------------------------
SUMMARY: On September 10, 2020, FMCSA proposed a pilot program to allow
persons ages 18, 19, and 20 to operate commercial motor vehicles (CMVs)
in interstate commerce. That pilot was never implemented. However, the
Infrastructure Investment and Jobs Act (IIJA), which was signed into
law on November 15, 2021, requires FMCSA to establish a pilot program
that would allow employers to establish an apprenticeship program for
certain 18-, 19-, and 20-year-old drivers to operate commercial
vehicles in interstate commerce. This notice addresses the comments
received on the September 10, 2020, notice and provides the details on
the establishment of the Safe Driver Apprenticeship Pilot Program
required by the IIJA.
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 Dockets Operations, (202) 366-9826.
SUPPLEMENTARY INFORMATION:
I. Definitions
For the purposes of the Safe Driver Apprenticeship Pilot Program,
FMCSA is using the following definitions, as prescribed in section
23022 of IIJA:
Apprentice--An individual who is under the age of 21 and holds a
commercial driver's license (CDL).
Commercial driver's license (CDL)--A license issued by a State to
an individual authorizing the individual to operate a class of CMV.
Commercial motor vehicle (CMV)--Any self-propelled or towed motor
vehicle used on a highway in interstate commerce to transport
passengers or property when the vehicle--(1) has a gross vehicle weight
rating or gross combination weight rating, or gross vehicle weight or
gross combination weight, of 4,536 kg (10,001 pounds) or more,
whichever is greater; or (2) is designed or used to transport more than
8 passengers (including the driver) for compensation; or (3) is
designed or used to transport more than 15 passengers, including the
driver, and is not used to transport passengers for compensation; or
(4) is used in transporting material found by the Secretary of
Transportation (the Secretary) to be hazardous under 49 U.S.C. 5103 and
transported in a quantity requiring placarding under regulations
prescribed by the Secretary under 49 CFR, subtitle B, chapter I,
subchapter C.
Driving time--All time spent at the driving controls of a CMV in
operation.
Experienced driver--An individual who
1. Is not younger than 26 years of age;
2. Has held a commercial driver's license for the 2-year period
ending on the date on which the individual serves as an experienced
driver;
3. During the 2-year period ending on the date on which the
individual serves as an experienced driver, has had no
i. preventable accidents reportable to the Department; or
ii. pointed moving violations; and
4. Has a minimum of 5 years of experience driving a CMV in
interstate commerce.
On-duty time--All time from the time a driver begins to work or is
required to be in readiness to work until the time the driver is
relieved from work and all responsibility for performing work. On-duty
time shall include:
1. All time at a plant, terminal, facility, or other property of a
motor carrier or shipper, or on any public property, waiting to be
dispatched, unless the driver has been relieved from duty by the motor
carrier;
2. All time inspecting, servicing, or conditioning any CMV at any
time;
3. All driving time as defined in the term driving time;
4. All time in or on a CMV, other than:
i. Time spent resting in or on a parked vehicle, except as
otherwise provided in Sec. 397.5;
ii. Time spent resting in a sleeper berth; or
iii. Up to 3 hours riding in the passenger seat of a property-
carrying vehicle moving on the highway immediately before or after a
period of at least 7 consecutive hours in the sleeper berth;
5. All time loading or unloading a CMV, supervising, or assisting
in the loading or unloading, attending a CMV being loaded or unloaded,
remaining in readiness to operate the CMV, or in giving or receiving
receipts for shipments loaded or unloaded;
6. All time repairing, obtaining assistance, or remaining in
attendance upon a disabled CMV;
7. All time spent providing a breath sample or urine specimen,
including travel time to and from the collection site, to comply with
the random, reasonable suspicion, post-crash, or follow-up testing
required by part 382 when directed by a motor carrier;
8. Performing any other work in the capacity, employ, or service
of, a motor carrier; and
9. Performing any compensated work for a person who is not a motor
carrier.
Pointed moving violation--A violation that results in points being
added to the license of a driver, or a similar comparable violation, as
determined by the Secretary.
II. Legal Basis
Subject to limited exceptions for farm vehicle drivers of
articulated CMVs (49 CFR 391.67) and private (non-business) motor
carriers of passengers (49 CFR 391.68), drivers of CMVs engaged in
interstate commerce must be at least 21 years of age, whether or not
operation of the CMV requires a CDL (49 CFR 391.11(b)(1)).
Under 49 U.S.C. 31315 and 31136(e), the Secretary has authority to
grant waivers and exemptions from the Federal Motor Carrier Safety
Regulations (FMCSRs) and to conduct pilot programs in which one or more
exemptions are granted to allow for the testing of innovative
alternatives to certain FMCSRs. FMCSA must publish in the Federal
Register a detailed description of each pilot program, including the
exemptions being considered, and provide notice and an opportunity for
public comment before the effective date of the program. The Agency is
required to ensure that the
[[Page 2478]]
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 a pilot program is 3 years. The regulatory
standards for pilot programs are codified at 49 CFR part 381, subparts
D and E. 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 23022 of IIJA requires that the Secretary establish a pilot
program allowing employers to establish apprenticeship programs that
would enable 18-, 19-, and 20-year-old drivers with CDLs to operate a
CMV in interstate commerce. Under this same section, the Secretary must
establish the pilot program not later than 60 days after the date of
enactment of IIJA.
III. Discussion
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. On September 10, 2020, FMCSA published a
Federal Register notice proposing the requirements of a younger driver
pilot program, including the exemptions being considered, and provided
the public the opportunity to comment. The exemptions identified in
that notice were relief from the effect of the intrastate only (or
``K'') restriction that would appear on a CDL under 49 CFR
383.153(a)(10)(vii) and an exemption from the requirement that a CMV
driver operating in interstate commerce be at least 21 years of age
under 49 CFR 391.11(b)(1). On November 15, 2021, IIJA, commonly
referred to as the Bipartisan Infrastructure Law (BIL), was signed into
law. Section 23022 of the BIL requires FMCSA to establish a pilot
program that would allow motor carriers to begin an apprenticeship
program as outlined in the BIL. The apprenticeship program must consist
of two probationary periods, one for 120 hours and the other for 280
hours, each of which includes minimum hours of driving time with an
experienced driver and performance benchmarks. In addition, the CMVs to
be operated during the pilot program must be equipped with specific
vehicle safety technologies. Additional requirements can be found later
in this notice.
The pilot program proposed in the September 2020 Federal Register
notice and the apprenticeship pilot program required under section
23022 of the BIL are substantially the same. Both call for two
probationary periods, one for 120 hours and the other for 280 hours,
and specific vehicle safety technologies. Additionally, the exemptions
required for this pilot program are the same as those identified in the
September 2020 notice. Because of the similarity between the pilot
program proposed in September of 2020 and the requirements for the
pilot program mandated by section 23022 of the BIL, FMCSA has
determined that the September 2020 notice, and the comments received
thereon, can satisfy the notice and comment requirement from 49 CFR
381.500(d). FMCSA summarizes the comments received on the September
2020 notice below.
IV. Discussion of Comments
In the September 10, 2020, Federal Register notice, FMCSA outlined
its proposed pilot program and requested comments on any additional
safeguards, the ability to obtain enough drivers, the vehicle
technology requirements, limits to the distance apprentices can
operate, data collection burdens, and limits on driver participation
that FMCSA should consider in developing the pilot program
requirements.
FMCSA received 201 comments to the docket, of which 10 were
duplicate submissions. Of the 191 distinct submissions, 127 commenters
favored the proposal, while 50 opposed it. Twenty members of Congress
submitted a letter to the docket supporting the program. Other
commenters remained neutral, offered conditional support, provided
responses to the questions posed in the notice, or offered other
suggestions. More than 139 individuals and 62 organizations commented.
The organizations that favored the pilot program included the
American Trucking Associations, Commercial Vehicle Training
Association, International Foodservice Distributors Association,
National Association of Chemical Distributors, National Grocer
Association, National Retail Federation, the Port Authority of New York
and New Jersey, and the Truckload Carriers Association. In addition,
numerous private citizens, motor carriers, training schools, State
trucking associations, State Drivers Licensing Agencies, and other
professional trade associations offered full or conditional support for
the initiation of the younger driver pilot program proposed in the
September 2020 Federal Register notice.
Commenters including the American Association of Motor Vehicle
Administrators, Commercial Vehicle Safety Alliance, Insurance Institute
for Highway Safety, and several motor carriers, private citizens, and
other professional trade associations asked for clarification, provided
data, and offered recommendations.
Those opposing the initiation of the younger driver pilot program
included Advocates for Highway and Auto Safety, Citizens for Reliable
and Safe Highways, the National Safety Council, National Transportation
Safety Board, the Owner-Operator Independent Drivers Association,
Parents Against Tired Truckers, and the Truck Safety Coalition. These
opponents focused on safety, noting that younger drivers are more
distracted and have higher rates of crashes, and cited the Centers for
Disease Control and Prevention, which says that teenagers are unable to
correctly analyze dangerous situations.
In addition, opponents also mentioned that the driver age should be
raised to 25 years old and that younger drivers will not be able to
handle differing conditions that exist across the country, such as
weather, terrain, and varying laws.
Public Comments on 2020 Notice
The 2020 Federal Register notice asked several questions related to
the additional safeguards, the ability to obtain enough drivers, the
vehicle technology requirements, limits to the distance apprentices may
operate, data collection burdens, and limits on driver participation.
Additional safeguards. FMCSA asked the public whether it should
consider any additional safeguards to ensure that the pilot program
provides an equivalent level of safety to the regulations without the
age exemption. Most commenters that provided feedback on the question
felt that no additional safeguards would be needed. The commenters that
recommended specific safeguards cited behavior tests, pre-program
Commercial Learner's Permit (CLP) skills test, added training hours,
recording devices, and additional insurance. Section 23022 of the BIL
establishes detailed safeguards that should be included as part of the
pilot program for driver apprentices, some of which were suggested by
commenters (such as recording devices), and as such FMCSA is adopting
these as part of the Safe Driver Apprenticeship Pilot Program.
Control group drivers. FMCSA asked the public if carriers would be
able to obtain enough drivers to serve in the control group. The
commenters that
[[Page 2479]]
provided feedback on the question believed that carriers should be able
to obtain enough drivers for the control group. Some commenters did
mention that small carriers may find it difficult to find control group
drivers. FMCSA has decided to not collect data on a specific control
grop and will instead utilize comparison data on current CMV drivers,
including both intrastate and interstate.
Vehicle technology requirements. FMCSA asked whether the technology
requirements proposed for the pilot program would limit participation
by smaller companies. The majority of commenters that provided feedback
did believe that the technology requirements may limit smaller motor
carriers from participating in the pilot program. One commenter felt
that although the technology requirements may be costly initially, as
technology becomes more available the costs will go down over time.
FMCSA acknowledges that the requirements may limit smaller company
participation, but as they are now required by section 23022 of the
BIL, they must be included. FMCSA will take this fact into
consideration when it analyzes the data and completes its final report
on the pilot.
Distance limits. FMCSA asked whether it should limit the distance
that pilot program participants be allowed to operate. The majority of
commenters that provided feedback on the question did not believe that
the FMCSA should limit the distance a pilot program participant can
operate. One commenter felt that a distance restriction would defeat
the purpose of the pilot and would not allow for a true comparison in
the data for the program. Section 23022 does not include limitations on
the distance an apprentice can travel. FMCSA has determined that it
will not add such limitations to the pilot program for the same reasons
identified by the majority of the commenters.
Data collection efforts. FMCSA asked if the data collection efforts
proposed would be so burdensome for carriers as to discourage their
participation. The commenters that responded to this question were
split on whether the data collection efforts would be burdensome. Some
felt that although the data collection is burdensome, it would be
manageable and that most carriers have basic systems in place that
would help with the data collection. FMCSA is aware of the information
collection burden this pilot program creates (see discussion below),
but determined that the reporting is necessary to inform the final
report on the pilot program.
Participation limits. FMCSA asked whether it should limit
participation to drivers who have not been involved in a preventable
crash. The commenters that responded to this question were split on
this question. Those that felt FMCSA should not limit participation
agreed that the limit would improve the safety of the program but would
skew the data. FMCSA will review the records of proposed apprentice
drivers to ensure they do not present a safety risk as outlined below
in the pilot program requirements section. FMCSA will account for any
resulting skew in the data collected.
V. Pilot Program Requirements and Procedures
Information Collection Approval
On January 7, 2022, and in accordance with the Paperwork Reduction
Act (PRA) of 1995, FMCSA requested the Office of Management and Budget
(OMB) grant emergency clearance for the new information collection
titled, ``Safe Driver Apprenticeship Pilot Program.'' (87 FR 1001).
That notice summarized the expected data collection burdens on
participants in the pilot program. Once emergency approval is granted,
FMCSA will seek OMB approval for the full 3-year period using the usual
PRA approval process, which will allow for both a 60-day and a 30-day
comment period for the public.
Announcement of Safe Driver Apprenticeship Pilot Program
Once implemented, 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 drivers interested in participating in the pilot program.
Motor Carriers Needed
Section 23022 of BIL requires that no more than 3,000 apprentices
will participate in the Safe Driver Apprenticeship Pilot Program at any
one time. For the purposes of determining paperwork burden estimates,
FMCSA assumed a maximum of 1,000 participating motor carriers that
would hire at least 3,000 apprenticeship pilot program participants.
FMCSA recognizes additional apprentices will be needed to account for
turnover due to drivers choosing to leave the program, drivers not
progressing through the probationary periods, and drivers aging out of
the program. The length of time during which replacement apprentices
will be added will be determined by FMCSA based on the statistical and
administrative needs of the pilot program data collection plan.
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.
Motor Carrier Requirements
Motor carriers that would like to participate in the Safe Driver
Apprenticeship Pilot Program must complete an application for
participation (see additional details below) and submit monthly data on
an apprentice's 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
will be required to notify FMCSA within 24 hours of: (1) Any injury or
fatal crash involving an apprentice; (2) an apprentice receiving an
alcohol-related citation in any vehicle (e.g., driving under the
influence or driving while intoxicated); (3) an apprentice choosing to
leave the pilot program; (4) an apprentice leaving the carrier; or (5)
an apprentice failing a random or post-crash drug/alcohol test.
In addition to meeting the the requirements established in section
23022 of BIL for an apprenticeship pilot program, carriers must
register an apprenticeship program with the U.S. Department of Labor
(DOL). While it is not a requirement that carriers become a registered
apprenticeship program prior to applying to FMCSA's pilot program,
FMCSA notes that interested carriers may want to work with DOL while
FMCSA is finalizing its program and before the application period for
FMCSA's pilot program is opened. Additionally, carriers will need to
verify that proposed apprentices meet all other requirements to
participate.
Approved carriers will be publicly announced on the Agency's
website to encourage potential apprentices to apply for employment
directly with the identified carriers. Approved carriers will be able
to assist apprentices (whom they employ) with completion of their
application and participation agreement.
Approved motor carriers must ensure that they hire apprentices that
meet the requirements in the ``Apprentices'' portion of this Federal
Register notice. If at any time while participating in the pilot
program, an apprentice is
[[Page 2480]]
disqualified for a major offense, serious traffic violation, railroad-
highway grade crossing violation, or violation of an out-of-service
order, as outlined in 49 CFR 383.51 of the FMCSRs, the employer must
immediately notify FMCSA and remove the apprentice from the program.
Before an approved motor carrier can allow an apprentice to operate
under the Safe Driver Apprenticeship Pilot Program, FMCSA will review
the driver's safety performance history against its systems and will
issue an exemption for each driver. The exemption allows the driver to
operate in interstate commerce while participating in the pilot program
despite being under 21 and having a ``K'' restriction on their CDL. An
apprentice may not operate in interstate commerce without the exemption
notice.
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.
Motor Carrier Qualifications
When FMCSA announces the implementation of the Safe Driver
Apprenticeship Pilot Program, 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 at least the minimum levels of financial
responsibility required by the FMCSRs;
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 enforcement actions (e.g., Imminent
Hazard, Operations Out-of-Service (OOS) Orders, Patterns of Safety
Violations) in the previous 6 years;
6. Must not have a crash rate above the national average;
7. Must not have a driver OOS rate above the national average; and
8. Must not have a vehicle OOS rate above the national average.
Enforcement actions resulting in civil penalties will be reviewed
on a case-by-case basis. In addition, unpaid civil penalties may be
grounds to deny participation in the pilot program.
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 apprentices to operate in
interstate commerce. Approved motor carriers will be publicly announced
on the Agency's website to encourage potential apprentices 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 at any time if the:
1. Carrier does not maintain proper operating authority, if
required, and registration;
2. Carrier does not maintain the required minimum levels of
financial responsibility;
3. Carrier is prioritized as a high risk;
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, Operations OOS Orders, Patterns
of Safety Violations). Enforcement actions resulting in civil penalties
will be reviewed on a case-by-case basis.
7. For the last full calendar year, carrier has a crash rate (per
million vehicle miles traveled) above the national average;
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.
Establishment of Apprenticeship Program
As required by section 23022 of IIJA and as a condition of
participating in the Safe Driver Apprenticeship Pilot Program, approved
motor carriers must also establish an apprenticeship program. The
apprenticeship program must consist of a 120-hour probationary period
and a 280-hour probationary period for apprentice drivers. Nothing in
this notice prevents an employer from imposing additional requirements
on an apprentice.
120-Hour Probationary Period
During the 120-hour probationary period, the employing motor
carrier must ensure the apprentice:
1. Completes 120 hours of on-duty time, of which not less than 80
hours shall be driving time in a CMV; and
2. 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.
280-Hour Probationary Period
After the 120-hour probationary period, the motor carrier must
ensure the apprentice completes a 280-hour probationary period. The
employing motor carrier must ensure the apprentice:
1. Completes 280 hours of on-duty time, of which not less than 160
hours shall be driving time in a CMV; and
2. 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.
CMV Technologies
During both the 120-hour probationary period and the 280-hour
probationary period, the employing motor carrier must ensure the
apprentice only drives a CMV that has an automatic manual or automatic
transmission; an active braking collision mitigation system; a forward-
facing video event capture system; and a governed speed of 65 miles per
hour at the pedal and under adaptive cruise control. In addition, the
apprentice must be accompanied in the passenger seat of the CMV by an
experienced driver. Nothing in the notice prevents an employer from
requiring or installing additional technologies in a CMV.
Records Retention
The employing motor carrier must maintain records relating to the
satisfaction of the performance benchmarks for each apprentice that is
in the Safe Driver Apprenticeship Pilot Program.
[[Page 2481]]
Apprentice Prohibitions
The employing motor carrier must ensure that the apprentice does
not transport passengers or hazardous materials, or operate double- or
triple-trailer combinations or cargo tank vehicles while participating
in the Safe Driver Apprenticeship Pilot Program, regardless of any
license endorsements held.
Reportable Incidents
As outlined in section 23022 of BIL, the employing motor carrier
must ensure that, if an apprentice is involved in a reportable,
preventable crash or receives a pointed moving violation while driving
a CMV, the apprentice will undergo remediation and additional training
until the apprentice can demonstrate, to the satisfaction of the motor
carrier, competence in each of the performance benchmarks. The extent
of remediation and additional training will be left to the discretion
of the employing motor carrier. FMCSA will clarify the standards for
remediation and additional training on its website once the Agency
begins accepting applications for the pilot program.
Registering an Apprenticeship Program With the DOL
Employing motor carriers that are approved to participate in the
Safe Driver Apprenticeship Pilot Program must also register an
apprenticeship program with the DOL, in accordance with the regulations
found at 29 CFR part 29. If an employing motor carrier already has a
registered apprenticeship program with the DOL, the motor carrier must
ensure it meets the requirements for the Safe Driver Apprenticeship
Pilot Program and maintains requirements for DOL's Registered
Apprenticeship Program.
Apprentice Requirements
Drivers of 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 commercial CLP or CDL holder may drive in
intrastate commerce only.
An apprentice that participates in the Safe Driver Apprenticeship
Pilot Program will be provided relief from sections of 49 CFR parts 383
and 391 concerning minimum age requirements. Specifically, FMCSA will
provide relief from the effect of the intrastate only (or ``K'')
restriction that appears on a CDL in accordance with 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.
An apprentice may drive a CMV in interstate commerce while
participating in the 120-hour probationary period or the 280-hour
probationary period under the Safe Driver Apprenticeship Pilot Program
so long as an experienced driver accompanies them in the passenger seat
of the CMV.
An apprentice may drive a CMV in interstate commerce after the
apprentice completes the 120-hour probationary period and the 280-hour
probationary period; however, the apprentice is still considered to be
participating in the Safe Driver Apprenticeship Pilot Program, and
their safety performance must continue to be monitored by the employing
motor carrier, including monthly safety performance reports filed with
FMCSA, until the driver reaches the age of 21.
An apprentice may not participate in the Safe Driver Apprenticeship
Pilot Program if during the 2-year period immediately preceding the
date of hire, the 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 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. Had been convicted of any violations described below in any type
of motor vehicle:
a. Had been under the influence of alcohol as prescribed by State
law;
b. Had been under the influence of a controlled substance;
c. Had an alcohol concentration of 0.04 or greater while operating
a CMV;
d. 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;
e. Left the scene of a crash;
f. Used the vehicle to commit a felony;
g. Drove a CMV while his or her CDL is revoked, suspended,
cancelled; or he or she is disqualified from operating a CMV;
h. Caused a fatality through the negligent operation of a CMV
(including motor vehicle manslaughter, homicide by motor vehicle, or
negligent homicide);
i. Had more than one conviction for any of the violations described
below in any type of motor vehicle;
--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);
--Drove a CMV without the required CDL;
--Violated a State or local law or ordinance on motor vehicle traffic
control prohibiting texting while driving; or
--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.
The apprentice must also agree to the release of specific
information by their employing motor carrier, 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).
If at any time while participating in this pilot program, an
apprentice is disqualified for a major offense, serious traffic
violations, railroad-highway grade crossing violation, or violation of
an out-of-service order, as outlined in 49 CFR 383.51 of the FMCSRs, he
or she will be disqualified and removed from the program.
An apprentice 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 an apprentice. If an apprentice leaves an
approved motor carrier during the pilot program, he or she is not
approved to operate in interstate commerce unless re-employed with
another approved motor carrier participating in the pilot program. A
new apprentice application must be submitted for any new or additional
hires by the approved motor carrier so that FMCSA can verify
eligibility as part of the Agency's oversight of the pilot program.
Other Requirements and Information
FMCSA will 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.
Comparison Groups
FMCSA will compare the safety performance data of 18-, 19-, and 20-
year-old intrastate drivers to known safety performance of intrastate
drivers
[[Page 2482]]
and interstate drivers. FMCSA will use existing data from FMCSA systems
to compare current safety and performance of CMV operators to the
safety and performance of apprentices participating in the pilot
program. Additionally, FMCSA will analyze the performance of
apprentices before, during, and after their probationary periods.
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, CDL
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.
Length and Termination of Pilot Program
Under 49 CFR part 381, FMCSA can continue the pilot program for up
to 3 years, but may conclude the program sooner if there is sufficient
data to analyze the safety of the pilot program drivers or if there is
reason to believe the program is not achieving an equivalent level of
safety that would be achieved by complying with the regulations.
Additionally, the BIL requires that on the date that is 3 years after
the date of establishment of the pilot program, FMCSA will terminate
the program. At that time, any driver under the age of 21 who has
completed an apprenticeship program may continue to drive a CMV in
interstate commerce until turning 21, unless it is determined a safety
concern exists.
Meera Joshi,
Deputy Administrator.
[FR Doc. 2022-00733 Filed 1-13-22; 8:45 am]
BILLING CODE 4910-EX-P
