Agency Information Collection Activities; Renewal of an Approved Information Collection: Safe Driver Apprenticeship Pilot Program Publication: Federal Register Agency: Federal Motor Carrier Safety Administration Byline: Thomas P. Keane Date: 18 April 2022 Subjects: American Government , Safety, Trucking

[Federal Register Volume 87, Number 74 (Monday, April 18, 2022)]
[Notices]
[Pages 23010-23013]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-08229]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2022-0081]


Agency Information Collection Activities; Renewal of an Approved 
Information Collection: Safe Driver Apprenticeship Pilot Program

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

ACTION: Notice and request for comments.

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SUMMARY: In accordance with the Paperwork Reduction Act of 1995, FMCSA 
announces its plan to submit the information collection request (ICR) 
described below to the Office of Management and Budget (OMB) for its 
review and approval and invites public comment. The FMCSA request 
approval to renew an ICR titled, ``Safe Driver Apprenticeship Pilot 
Program.'' This ICR was previously approved under emergency procedures 
on January 24, 2022, and expires on July 31, 2022. The ICR is necessary 
for FMCSA to conduct a pilot program to determine the safety impacts of 
allowing 18- to 20-year-old commercial driver's license (CDL) holders 
to operate commercial motor vehicles (CMVs) in interstate commerce. The 
ICR will cover data collected on drivers and carriers participating in 
the pilot program.

DATES: Comments on this notice must be received on or before June 17, 
2022.

ADDRESSES: You may submit comments identified by Federal Docket 
Management System (FDMS) Docket Number FMCSA-2022-0081 using any of the 
following methods:
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the online instructions for submitting comments.
     Fax: 1-202-493-2251.
     Mail: Dockets Operations; 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: U.S. Department of 
Transportation, 1200 New Jersey Avenue SE, West Building, Ground Floor, 
Room W12-140, Washington, DC, 20590-0001 between 9 a.m. and 5 p.m. 
E.T., Monday through Friday, except Federal holidays.
    Instructions: All submissions must include the Agency name and 
docket number. For detailed instructions on submitting comments, see 
the Public Participation heading below. Note that all comments received 
will be posted without change to https://www.regulations.gov, including 
any personal information provided. Please see the Privacy Act heading 
below.
    Docket: For access to the docket to read background documents or 
comments received, go to https://www.regulations.gov, and follow the 
online instructions for accessing the docket, or go to the street 
address listed above.
    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.
    Public Participation: The Federal eRulemaking Portal is available 
24 hours each day, 365 days each year. You can obtain electronic 
submission and retrieval help and guidelines under the ``FAQ'' section 
of the Federal eRulemaking Portal website. If you want us to notify you 
that we received your comments, please include a self-addressed, 
stamped envelope or postcard, or print the acknowledgement page that 
appears after submitting comments online. Comments received after the 
comment closing date will be included in the docket and will be 
considered to the extent practicable.

FOR FURTHER INFORMATION CONTACT: Nicole Michel, Office of Analysis 
Research and Technology/Research Division, DOT, FMCSA, West Building 
6th Floor, 1200 New Jersey Avenue SE, Washington, DC 20590-0001; 202-
366-4354; nicole.michel@dot.gov.

[[Page 23011]]


SUPPLEMENTARY INFORMATION:
    Background: Current regulations on driver qualifications (49 CFR 
part 391.11(b)(1)) state that a driver must be 21 years of age or older 
to operate a CMV in interstate commerce. Currently, drivers under the 
age of 21 may operate CMVs only in intrastate commerce subject to State 
laws and regulations.
    Section 23022 of the Infrastructure Investment and Jobs Act (IIJA), 
requires the Secretary of Transportation to conduct a commercial driver 
Apprenticeship Pilot Program. An apprentice is defined as a person 
under the age of 21 who holds a CDL. Under this program, these 
apprentices will complete two probationary periods, during which they 
may operate in interstate commerce only under the supervision of an 
experienced driver in the passenger seat. An experienced driver is 
defined in section 23022 as a driver who is not younger than 26 years 
old, who has held a CDL and been employed for at least the past 2 
years, and who has at least 5 years of interstate CMV experience and 
meets the other safety criteria defined in the IIJA.
    The first probationary period must include at least 120 hours of on 
duty time, of which at least 80 hours are driving time in a CMV. To 
complete this probationary period, the employer must determine 
competency in:
    1. Interstate, city traffic, rural 2-lane, and evening driving;
    2. Safety awareness;
    3. Speed and space management;
    4. Lane control;
    5. Mirror scanning;
    6. Right and left turns; and
    7. Logging and complying with rules relating to hours of service.
    The second probationary period must include at least 280 hours of 
on-duty time, including not less than 160 hours driving time in a CMV. 
To complete this probationary period, the employer must determine 
competency in:
    1. Backing and maneuvering in close quarters;
    2. Pre-trip inspections;
    3. Fueling procedures;
    4. Weighing loads, weight distribution, and sliding tandems;
    5. Coupling and uncoupling procedures; and
    6. Trip planning, truck routes, map reading, navigation, and 
permits.
    After completion of the second probationary period the apprentice 
may begin operating CMVs in interstate commerce unaccompanied by an 
experienced driver.
    In addition to data regarding successful completion of the 
probationary periods, the IIJA requires data collection for data 
relating to any incident in which a participating apprentice is 
involved as well as other data relating to the safety of apprentices. 
Additional data will include crash data (incident reports, police 
reports, insurance reports), inspection data, citation data, safety 
event data (as recorded by all safety systems installed on vehicles, to 
include advanced driver assistance systems, automatic emergency braking 
systems, onboard monitoring systems, and forward-facing and in-cab 
video systems) as well as exposure data (record of duty status logs, 
on-duty time, driving time, and time spent away from home terminal). 
This data will be submitted monthly through participating motor 
carriers.
    The data collected will be used to report on the following items, 
as required by section 23022:
    1. The findings and conclusions on the ability of technologies or 
training provided to apprentices as part of the pilot program to 
successfully improve safety;
    2. An analysis of the safety record of participating apprentices as 
compared to other CMV drivers;
    3. The number of drivers that discontinued participation in the 
apprenticeship program before completion;
    4. A comparison of the safety records of participating drivers 
before, during, and after each probationary period; and
    5. A comparison of each participating driver's average on-duty 
time, driving time, and time spent away from home terminal before, 
during, and after each probationary period.
    FMCSA will monitor the monthly data being reported by the motor 
carriers and will identify drivers or carriers that may pose a risk to 
public safety. While removing unsafe drivers or carriers may bias the 
dataset, it is a necessary feature for FMCSA to comply with Sec.  
381.505, which requires development of a monitoring plan to ensure 
adequate safeguards to protect the health and safety of pilot program 
participants and the general public. Knowing that a driver or carrier 
was removed from the pilot program for safety reasons will help FMCSA 
minimize bias in the final data analysis.
    FMCSA and the Department of Labor's Employment and Training Agency 
(DOL/ETA) will be partnering in the implementation of the Safe Driver 
Apprenticeship Pilot Program (SDAP). All motor carriers who are 
approved for the program by FMCSA will also be required to become 
Registered Apprenticeships (RAs) under 29 CFR part 29 before they can 
submit information on their experienced drivers and apprentices. The 
information collection burden for the DOL/ETA RA Program can be found 
in approved ICR 1205-0223.
    The statutory mandate for this pilot program is contained in 
section 23022 of the IIJA. FMCSA's regulatory authority for initiation 
of a pilot program is Sec.  381.400. The Apprentice Pilot Program 
supports the DOT strategic goal of economic strength while maintaining 
DOT and FMCSA's commitment to safety.
    On January 7, 2022, FMCSA published a notice in the Federal 
Register seeking public comment on the emergency approval of this ICR 
(87 FR 1001). A total of 144 comments were received on that notice, 
which are summarized here.
     Of the 144 comments received, 134 comments were from 
individuals while 10 comments were from organizations, associations, or 
motor carriers.
     A total of 31 comments supported the SDAP, which consisted 
of 25 individuals and 6 organizations, associations, or motor carriers.
     A total of 102 comments were opposed to the SDAP, which 
consisted of 98 individuals and 4 organizations, associations, or motor 
carriers. The majority of these comments cited previous studies showing 
age as a factor in safe driving performance, concerns that drivers 
would not be compensated properly, or that the industry would ``take 
advantage'' of younger drivers.
     A total of 11 comments, all from individuals, were neutral 
towards the SDAP.
    Several comments provided recommendations on how to conduct the 
pilot program. These are summarized below.
     Recommendation: Extend the probationary period to 6 
months.
    Response: While there is no prohibition toward individual carriers, 
or even individual drivers on a case-by-case basis having the 
probationary period extended, FMCSA has decided this would 
fundamentally alter the intention behind section 23022 of the IIJA and 
therefore has not included this recommendation as part of the pilot 
program design.
     Recommendation: Require additional performance benchmarks, 
such as mountainous driving.
    Response: FMCSA does not consider mountainous driving to be broad 
enough to be required by all apprentices, as some may never require 
mountainous driving. These additional performance requirements should 
be considered at the discretion of each carrier and experienced driver 
to impart the knowledge required for apprentices operating in each 
unique circumstance.

[[Page 23012]]

     Recommendation: Require that apprentices continue 
utilizing required technology throughout the entire pilot program.
    Response: Apprentices will be required to continue operating a 
vehicle equipped with onboard monitoring systems (OBMS) until they turn 
21 years old and no longer require an exemption to operate in 
interstate commerce. Regarding other technology, such as active braking 
collision mitigation systems and governed speed limiters, FMCSA has 
determined it is best to follow the requirements as laid out in the 
IIJA to enable naturalistic data collection of how these drivers would 
operate in a real-world setting. Furthermore, by requiring these 
technologies only during the apprenticeship period, data may be 
gathered to allow additional insights into the benefits of these 
technologies for this age group.
     Recommendation: Increase the requirements for experienced 
drivers to have 5 consecutive years with no violations, crashes, etc.
    Response: FMCSA does not find benefit or reason to increase the 
requirement on experienced drivers from that which is described in the 
IIJA.
     Recommendation: Ensure experienced drivers are logged as 
on duty, not driving when monitoring apprentices.
    Response: FMCSA agrees that experienced drivers must be logged as 
on duty, not driving when they are in the passenger seat observing 
apprentice drivers. This will be made clear to program participants.
     Recommendation: Visibly identify drivers with high 
visibility markings, such as stickers.
    Response: FMCSA disagrees with this recommendation as it has the 
potential to bias the data collection by creating a potential for 
behavior changes in surrounding drivers that decreases the integrity of 
naturalistic data collection. Furthermore, this could impact the 
ability to properly compare safety performance of these drivers with 
other drivers.
     Recommendation: Revoke a driver's CDL and expel carriers 
for any crashes resulting in death, injury, or property damage. 
Substantial violations of program rules should have penalties including 
suspension of an experienced driver's CDL, suspension of apprentices 
from the program, and/or fines for motor carriers.
    Response: FMCSA does not have the authority to revoke CDLs, as 
these are issued by State driver's licensing agencies. FMCSA retains 
the right to remove an exemption from a participating driver, carrier, 
or both if they are determined to present a safety concern. FMCSA 
cannot impose fines on a motor carrier for failing to meet the 
requirements of a voluntary pilot program; however, FMCSA retains the 
right to revoke a motor carrier's participation in the study if they 
fail to meet the requirements of the program.
     Recommendation: Add a requirement for becoming a 
registered apprentice with DOL.
    Response: FMCSA agrees that participating carriers must have a 
registered apprenticeship with the DOL.
     Recommendation: Increase minimum rate of liability 
insurance to $10 million for participating carriers.
    Response: Minimum financial liability requirements are set by 
regulatory statute. FMCSA does not have the authority to increase this 
rate for participating carriers.
     Recommendation: Reduce monthly burden by clarifying what 
safety event data is required.
    Response: FMCSA has clarified that the safety event data provided 
will be the summary of safety events (including participating driver 
identification, time, date, and type of safety event for each event) as 
opposed to all recorded video data. It is intended that this data will 
be the reduced data from a carrier's OBMS provider which can be used 
for coaching or training purposes.
     Recommendation: Have a hotline number to report violations 
of program rules.
    Response: Participating drivers will be provided with information 
on how to report coercion or potential violations of the program 
through the research team.
     Recommendation: Conduct regular, anonymized surveys of 
trainers and apprentices to assess compliance.
    Response: FMCSA is confident the monthly data provided as a 
requirement of participation in the study will illuminate any areas of 
non-compliance with the program.
     Recommendation: Carriers must submit electronic logs from 
electronic logging devices on a quarterly basis.
    Response: Carriers are required to submit monthly exposure data 
that will cover the same information contained in electronic logs as 
well as additional information, such as days away from home duty 
station.
     Recommendation: FMCSA should produce guidance literature 
to orient all trainers and apprentices.
    Response: FMCSA will develop materials for electronic distribution 
to participating carriers who can then provide this information to 
their participating drivers that contains information on participation 
requirements and contact information for the research team in case 
there are questions from the driver. Additionally, FMCSA will maintain 
the website (fmcsa.dot.gov/safedriver) with frequently asked questions 
and resources for participating carriers and drivers.
     Recommendation: FMCSA should establish an independent 
oversight board for the program composed of experienced drivers, 
industry stakeholders, and safety and training experts to meet 
quarterly and produce regular assessments of program safety.
    Response: FMCSA will be reviewing safety data on a monthly basis to 
determine if there are any immediate safety concerns. As authorized by 
49 CFR part 381, FMCSA may remove a driver, carrier, or terminate the 
program at any time if safety concerns are identified.
     Recommendation: FMCSA should require carriers, as a 
condition of their participation in the program, to report driver and 
trainer compensation during the time they are working in the program.
    Response: Carriers will have to report compensation information on 
apprentice drivers to comply with the DOL RA requirements.
     Recommendation: Compensable working time should follow the 
definition recognized by the DOL's Wage and Hour Division.
    Response: FMCSA does not have authority to regulate compensation or 
wages.
    Additionally, some commenters felt that becoming a registered 
apprentice with DOL would be too burdensome and is an additional 
requirement that was not in the IIJA. While this requirement was not 
specifically part of the IIJA, FMCSA maintains that a registered 
apprenticeship with DOL is an important step in the safety and 
monitoring oversight of the SDAP to minimize the risk of apprentice 
drivers experiencing coercion, unfair wages, or other practices that 
could lead to unsafe behaviors from apprentice drivers.
    Finally, there were several clarification questions received on the 
notice, which included the following:
     How will the control group be selected for comparison?
    Response: FMCSA will not be collecting data on a specific control 
group for this study. FMCSA will be utilizing already existing data on 
current CMV operators to compare inspection and crash rates of known 
drivers as compared to the data collected on apprentice drivers. 
Additionally, FMCSA will analyze the safety performance of apprentices

[[Page 23013]]

before, during, and after their probationary periods.
     How will FMCSA decide whether the SDAP should be extended, 
expanded, or discontinued in the final data analysis?
    Response: FMCSA is restricted by the limitations in the IIJA as 
well as the limitations in 49 CFR part 381. Therefore, the SDAP will 
not be extended or expanded at any point. The study may be discontinued 
at FMCSA's discretion at any point.
     What quantitative safety metrics, if any, will be part of 
the final analysis? If crashes and fatalities occur during the program, 
will those be made public?
    Response: FMCSA will conduct analysis on all data collected, to 
include crashes, inspections, and safety events. All analysis will be 
peer reviewed and contained in a final report. Crashes and fatalities 
occurring during the program will be contained in the analysis but 
identifying information on drivers will not be made public to ensure 
the research is conducted in an ethical manner that protects the 
privacy of participating individuals.
     Will FMCSA continue gathering data from apprentices once 
they begin operating CMVs in interstate commerce unaccompanied by an 
experienced driver?
    Response: FMCSA will continue gathering data from apprentices until 
they turn 21 years old and no longer require an exemption to operate in 
interstate commerce.
    Title: Safe Driver Apprenticeship Pilot Program.
    OMB Control Number: 2126-0075.
    Type of Request: Renewal of an information collection previously 
approved under emergency authority.
    Respondents: Motor carriers; drivers.
    Estimated Number of Respondents: 14,830 total (1,600 motor carriers 
and 13,230 CMV drivers); 5,410 annually (1,000 carriers and 4,410 CMV 
drivers).
    Estimated Time per Response: Application (motor carrier, apprentice 
driver, and experienced driver): 20 Minutes; safety benchmark 
certifications: 15 Minutes; monthly driving and safety data: 60 
Minutes; miscellaneous data submission: 90 Minutes.
    Expiration Date: July 31, 2022.
    Frequency of Response: Application (motor carrier, apprentice 
driver, and experienced driver): Once; safety benchmark certifications: 
Twice for each apprentice driver; monthly driving sand safety data: 
Monthly; miscellaneous data submissions: Monthly.
    Estimated Total Annual Burden: 169,344 hours total, or 56,448 hours 
annually (motor carriers: 164,934 hours total, or 54,978 hours 
annually, which includes a one-time application, two safety benchmark 
certifications for each participating apprentice, and monthly driving 
and safety data on all participating apprentices as well as 
miscellaneous data submissions; drivers: 13,797 hours total, or 4,599 
hours annually which includes a one-time application for experienced 
and apprentice drivers).
    Definitions: N/A.
    Public Comments Invited: You are asked to comment on any aspect of 
this information collection, including: (1) Whether the proposed 
collection is necessary for the performance of FMCSA's functions; (2) 
the accuracy of the estimated burden; (3) ways for FMCSA to enhance the 
quality, usefulness, and clarity of the collected information; and (4) 
ways that the burden could be minimized without reducing the quality of 
the collected information. The Agency will summarize or include your 
comments in the request for OMB's clearance of this ICR.
    Issued under the authority of 49 CFR 1.87.

Thomas P. Keane,
Associate Administrator, Office of Research and Registration.
[FR Doc. 2022-08229 Filed 4-15-22; 8:45 am]
BILLING CODE 4910-EX-P