Proposed Pilot Program To Allow Persons Ages 18, 19, and 20 To Operate Commercial Motor Vehicles in Interstate Commerce |
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James A. Mullen
Federal Motor Carrier Safety Administration
10 September 2020
[Federal Register Volume 85, Number 176 (Thursday, September 10, 2020)]
[Notices]
[Pages 55928-55934]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-19977]
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2018-0346]
Proposed Pilot Program To Allow Persons Ages 18, 19, and 20 To
Operate Commercial Motor Vehicles in Interstate Commerce
AGENCY: Federal Motor Carrier Safety Administration (FMCSA),
Transportation (DOT).
ACTION: Notice of proposed pilot program; request for comments.
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SUMMARY: On May 15, 2019, FMCSA published a Federal Register notice
requesting public comments on a possible new pilot program to allow
drivers aged 18, 19, and 20 to operate commercial motor vehicles in
interstate commerce. The May 2019 notice asked specific questions
regarding training; qualifications; driving limitations; operational
and participation requirements; insurance; research and data; and
vehicle safety systems that should be considered in developing a second
pilot program for younger drivers. This notice addresses the comments
received and proposes a pilot program to allow 18-, 19-, and 20-year-
old drivers to operate commercial motor vehicles in interstate
commerce.
DATES: Comments must be received on or before November 9, 2020.
ADDRESSES: You may submit comments on this notice identified by docket
number FMCSA-2018-0346 using any one of the following methods:
Federal eRulemaking Portal: www.regulations.gov. Follow
the online instructions for submitting comments.
Mail: Docket Operations, U.S. Department of
Transportation, 1200 New Jersey Avenue SE, West Building,
[[Page 55929]]
Ground Floor, Room W12-140, Washington, DC 20590-0001.
Hand Delivery or Courier: West Building, Ground Floor,
Room W12-140, 1200 New Jersey Avenue SE, between 9:00 a.m. and 5:00
p.m., Monday through Friday, except Federal holidays.
Fax: 1-202-493-2251.
Each submission must include the Agency name and the docket number
for this notice. Note that DOT posts all comments received without
change to www.regulations.gov, including any personal information
included in a comment. Please see the Privacy Act heading below.
Privacy Act: DOT solicits comments from the public to better inform
its rulemaking and pilot program process. DOT posts these comments,
without edit, including any personal information the commenter
provides, to www.regulations.gov, as described in the system of records
notice (DOT/ALL-14 FDMS), which can be reviewed at www.dot.gov/privacy.
FOR FURTHER INFORMATION CONTACT: Ms. Nikki McDavid, Commercial Driver's
License Division, Federal Motor Carrier Safety Administration, 1200 New
Jersey Avenue SE, Washington, DC 20590-0001, nikki.mcdavid@dot.gov,
(202) 366-0831. If you have questions about viewing or submitting
material to the docket, call DOT Docket Operations, (202) 366-9826.
SUPPLEMENTARY INFORMATION:
I. Public Participation and Request for Comments
FMCSA encourages you to participate by submitting comments and
related materials. In this notice, FMCSA requests certain information,
but comments are not limited to responses to those requests.
A. Submitting Comments
If you submit a comment, please include the docket number for this
notice (FMCSA-2018-0346), indicate the specific section of this
document to which the comment applies, and provide a reason for each
suggestion or recommendation. You may submit your comments and material
online, by fax, mail, or hand delivery, but please use only one of
these means. FMCSA recommends that you include your name and a mailing
address, an email address, or a phone number in the body of your
document so the Agency can contact you if it has questions regarding
your submission.
To submit your comment online, go to www.regulations.gov, put the
docket number, ``FMCSA-2018-0346'' in the ``Keyword'' box, and click
``Search.'' When the new screen appears, click on the ``Comment Now!''
button and type your comment into the text box in the following screen.
Choose whether you are submitting your comment as an individual or on
behalf of a third party and then submit.
If you submit your comments by mail or hand delivery, submit them
in an unbound format, no larger than 8\1/2\ by 11 inches, suitable for
copying and electronic filing. If you submit comments by mail and would
like to know that they reached the facility, please enclose a stamped,
self-addressed postcard or envelope. FMCSA will consider all comments
and material received during the comment period.
Confidential Business Information: Confidential Business
Information (CBI) is commercial or financial information that is both
customarily and actually treated as private by its owner. Under the
Freedom of Information Act (5 U.S.C. 552), CBI is exempt from public
disclosure. If your comments responsive to this notice contain
commercial or financial information that is customarily treated as
private, that you actually treat as private, and that is relevant or
responsive to this notice, it is important that you clearly designate
the submitted comments as CBI. FMCSA will treat such marked submissions
as confidential under the Freedom of Information Act, and they will not
be placed in the public docket for this rulemaking. Please mark each
page of your submission that constitutes CBI as ``PROPIN'' to indicate
it contains proprietary information. Submissions containing CBI should
be sent to Mr. Brian Dahlin, Chief, Regulatory Analysis Division,
FMCSA, 1200 New Jersey Avenue SE, Washington, DC 20590. Any comments
FMCSA receives that are not specifically designated as CBI will be
placed in the public docket for this rulemaking.
FMCSA will consider all comments and material received during the
comment period and may make changes based on your comments.
B. Viewing Comments and Documents
To view comments, as well as documents mentioned in this notice as
being available in the docket, go to www.regulations.gov and insert the
docket number, ``FMCSA-2018-0346'' in the ``Keyword'' box and click
``Search.'' Next, click the ``Open Docket Folder'' button and choose
the document listed to review. If you do not have access to the
internet, you may view the docket online by visiting Docket Operations
in Room W12-140 on the ground floor of the DOT West Building, 1200 New
Jersey Avenue SE, Washington, DC 20590, between 9:00 a.m. and 5:00
p.m., Monday through Friday, except Federal holidays.
II. Legal Basis
The Secretary of Transportation has authority under 49 U.S.C.
31315(c) to conduct pilot programs and to allow one or more exemptions
for the testing of innovative alternatives to certain Federal Motor
Carrier Safety Regulations (FMCSRs) (Sec. 31315(c)(1)). The regulatory
standards for pilot programs are codified at 49 CFR part 381, subparts
D and E.
FMCSA must publish in the Federal Register a detailed description
of each pilot program, including the exemptions being considered, and
provide notice and an opportunity for public comment before the
effective date of the program. The Agency is required to ensure that
the safety measures in the pilot programs are designed to achieve a
level of safety that is equivalent to, or greater than, the level of
safety that would be achieved through compliance with the safety
regulations. The maximum duration of pilot programs is 3 years from the
starting date.
In the May 9, 2011, final rule on ``Commercial Driver's License
Testing and Commercial Learner's Permit Standards'' (76 FR 26854), the
Agency set a minimum age of 18 for an individual to obtain a commercial
learner's permit (CLP) prior to obtaining a commercial driver's license
(CDL) (49 CFR 383.25(a)(4)).
Drivers of commercial motor vehicles (CMVs), as defined in 49 CFR
383.5 and 390.5T, engaged in interstate commerce, must be at least 21
years of age (Sec. 391.11(b)(1)). An 18-year-old CLP or CDL holder may
drive in intrastate commerce only.
The proposed pilot program would provide participating drivers with
relief from sections of 49 CFR parts 383 and 391 concerning minimum age
requirements. In addition, this pilot program would provide relief from
the effect of the intrastate only (or ``K'') restriction that appears
on a CDL at Sec. 383.153(a)(10)(vii) and an exemption from the
requirement in Sec. 391.11(b)(1) that a CMV driver operating in
interstate commerce be at least 21 years of age.
At the conclusion of each pilot program, FMCSA must report to
Congress its findings, conclusions, and recommendations, including
suggested amendments to laws and regulations, to include lowering the
minimum driving age of interstate drivers, that would enhance motor
carrier, CMV, and driver safety, and improve compliance with the
FMCSRs.
[[Page 55930]]
III. Background
As documented in the May 15, 2019, Federal Register notice (84 FR
21895), changing the driving age has been studied by various
organizations and previously proposed by the Federal Highway
Administration, FMCSA's predecessor agency. FMCSA received specific
direction to conduct a limited pilot program in section 5404 of the
Fixing America's Surface Transportation Act (FAST Act) (Pub. L. 114-94,
129 Stat. 1312, 1549, Dec. 4, 2015).
Military Under-21 Pilot Program
On August 22, 2016, FMCSA proposed a pilot program to meet the
requirements of section 5404 of the FAST Act and allow a limited number
of individuals ages 18, 19, and 20 to operate CMVs in interstate
commerce, if they received specified heavy-vehicle driver training
while in military service and were hired by a participating motor
carrier (81 FR 56745). In addition, the Agency asked specific questions
and requested comments on the proposed pilot program. During this pilot
program, the safety records of these younger drivers (the study group)
would be compared to the records of a control group of comparable size,
comprised of drivers who are between 21 and 24 years old and who have
comparable training and experience in driving vehicles requiring a CDL.
The comparison of the two groups' performance would help to determine
whether the age difference was a critical safety factor.
In response to comments received on the August 22, 2016, proposal,
FMCSA published a Federal Register notice on July 6, 2018, titled,
``Pilot Program to Allow Persons Between the Ages of 18 and 21 With
Military Driving Experience to Operate Commercial Motor Vehicles in
Interstate Commerce'' (83 FR 31633). This pilot program is currently
underway, and its results will be reported not later than 1 year after
the pilot program concludes.
Entry Level Driver Training
On December 8, 2016, FMCSA published a final rule titled ``Minimum
Training Requirements for Entry-Level Commercial Motor Vehicle
Operators'' (81 FR 88732). This rule was required by section 32304 of
the Moving Ahead for Progress in the 21st Century Act, Public Law 112-
141, see 49 U.S.C. 31305(c), and was the result of a negotiated
rulemaking. The rule on entry-level driver training (ELDT) established
minimum training standards for certain individuals applying for their
CDL. CDL applicants subject to the rule must complete a prescribed
program of instruction presented by an entity listed on FMCSA's
Training Provider Registry, prior to taking the State-administered CDL
skills test, or, for the Hazardous Materials endorsement, prior to
taking the knowledge test. The final rule outlined the topics that must
be covered during classroom and behind-the-wheel training; however, it
did not require a minimum number of hours for either classroom or
behind-the-wheel training.
On February 4, 2020, FMCSA published an interim final rule titled
``Extension of Compliance Date for Entry-Level Driver Training'' (84 FR
6088). The rule amended the compliance date from February 7, 2020, to
February 7, 2022; however, it did not change the minimum training
standards for certain individuals applying for their CDL.
Recent Legislative Proposals
On February 27, 2019, companion bills were introduced in the U.S.
House of Representatives and the U.S. Senate called the ``Developing
Responsible Individuals for a Vibrant Economy Act'' (DRIVE-Safe Act)
(H.R. 1374), which proposed to lower the age requirement for interstate
drivers to 18, as long as drivers under the age of 21 participated in
an apprenticeship program. The apprenticeship would include separate
120-hour and 280-hour probationary periods, during which younger
drivers would operate CMVs under the supervision of an experienced
driver and must achieve specific performance benchmarks before
advancing. Under the proposal, study group participants would also
drive vehicles equipped with active-braking collision mitigation
systems, forward-facing video event capture, and speed limiters set to
65 miles per hour. To date, the DRIVE-Safe Act has not been enacted.
IV. Discussion of Comments and Responses on the Notice of Proposed
Pilot Program
In the May 15, 2019 Federal Register notice, FMCSA requested
comments on the training and experience, operational requirements,
participation requirements, technology requirements, insurance
requirements, and research and data that FMCSA should consider in
developing options or approaches for a second pilot program for younger
drivers.
FMCSA received 1,118 comments to the docket; 504 commenters favored
the proposal, while 486 opposed it. Other commenters offered
conditional support, provided responses to the questions posed in the
notice, or offered other suggestions. More than 1,000 individuals and
95 organizations commented. FMCSA received more than 750 unique
comments, while the remaining comments were form letters (four types)
in support of the pilot program or urging FMCSA to initiate a pilot
program focused on short-haul drivers operating within a certain air-
mile radius or in accordance with the proposed DRIVE-Safe Act.
The organizations that favored the pilot program included the
Agricultural Retailers Association, American Bakers Association,
Arkansas State Highway Commission, American Trucking Associations
(ATA), Commercial Vehicle Training Association, DriverReach, Hudson
Insurance Group, Intermodal Association of North America, International
Association of Movers, International Foodservice Distributors
Association, International Franchise Association, National Association
of Publicly Funded Truck Driving Schools, National Interstate
Insurance, National Propane Gas Association, National Ready Mixed
Concrete Association, National Retail Federation (NRF), National Tank
Truck Carriers, Towing and Recovery Association of America, and
Truckload Carriers Association (TCA). In addition, numerous private
citizens, motor carriers, training schools, State trucking
associations, logistics companies, risk assessment companies,
information technology companies, and other professional trade
associations offered full or conditional support for the initiation of
a younger driver pilot program.
Commenters including the American Association of Motor Vehicle
Administrators (AAMVA), Commercial Vehicle Safety Alliance, Greyhound
Bus Company, Inc., International Brotherhood of Teamsters, National
Safety Council, Oregon Department of Transportation, United Motorcoach
Association (UMA), and several motor carriers, private citizens, and
other professional trade associations asked for clarification, provided
data, and offered recommendations.
Those opposing the initiation of a younger driver pilot program
included Advocates for Highway and Auto Safety (Advocates), Citizens
for Reliable and Safe Highways, Governors Highway Safety Association,
the Insurance Institute of Highway Safety (IIHS), the Owner-Operator
Independent Drivers Association, Parents Against Tired Truckers, the
Trucking Alliance, and several private citizens, motor carriers, and
other professional trade associations. These opponents focused on
safety, noting that truck and bus crashes, injuries, and fatalities
continue
[[Page 55931]]
to rise, and that drivers 18 to 20 years old are overrepresented in
crashes.
In addition, opponents also mentioned that the Agency has not
analyzed data from the States that could provide information on the
safety records of 18- to 20-year-old drivers who currently operate in
intrastate commerce. Some argued that the Agency should complete the
Under-21 Military CDL driver pilot program and analyze that data before
initiating this pilot program.
Training and Experience
The 2019 Federal Register notice asked several questions related to
the training and experience that a younger driver should be required to
have to participate. Several commenters, including Advocates and UMA,
believe that the drivers should have extensive experience operating a
CMV to ensure public safety. The length of experience suggested by
AAMVA, NRF, and UMA, for example, ranged from 1 to 2 years, while
others, such as ATA, DriverReach, and TCA, did not believe any
experience was necessary since the drivers would be subject to the
minimum training requirements of the ELDT rule.
Some commenters believe that drivers aged 18 to 20 should be
required to be supervised by a qualified trainer physically present at
all times, or for a limited period (e.g., for 6 months), while
operating a CMV on public roads. As for training, commenters cited the
training required by the proposed DRIVE-Safe Act, the CLP standards in
49 CFR part 383, and the ELDT rule.
Operational Requirements
The majority of commenters agreed that younger drivers should drive
fewer hours than are currently permitted in the regulations. However,
ATA and TCA believe that no limitations should be placed on younger
drivers since they currently operate in intrastate commerce without any
time or distance restrictions. In addition, ATA cited the FMCSA-
sponsored Large Truck Crash Causation study which found that only 28
percent of large truck crashes occurred between 6:00 p.m. and 6:00 a.m.
There was no consensus among commenters on whether to prohibit drivers
from transporting hazardous materials, passengers, and/or operating
tank trucks or special configuration vehicles.
Participation Requirements
The 2019 Federal Register notice asked what requirements motor
carriers and drivers should be required to meet to participate in a
younger driver pilot program. The majority of commenters believed the
qualification standards established for FMCSA's Under-21 Military CDL
Pilot Program were sufficient, while others believed the previously
proposed DRIVE-Safe Act should be the minimum requirements for
participation in a younger driver pilot program.
Technology Requirements
The 2019 notice asked what safety equipment or on-board recording
systems should be required, mentioning automatic manual or automatic
transmissions; active-braking collision mitigation systems; forward-
facing video event capture; and speed limiters set to 65 miles per
hour.
All commenters who responded to these questions supported the use
of safety technology on vehicles operated by younger drivers. Some
commenters proposed additional requirements, including adaptive cruise
control, artificial intelligence, automatic emergency braking, Global
Positioning Systems, lane centering, lane departure warning systems,
and on-board rear-facing video event recorders.
Insurance
FMCSA asked for information on the ability of motor carriers to
secure insurance for 18- to 20-year-old drivers. ATA felt that there
would be no insurance problems, noting that trucking companies must
currently obtain insurance for drivers under the age of 21 who operate
in intrastate commerce. ATA said its membership includes 19 insurance
companies and that they have expressed a willingness to work with motor
carriers to offer insurance coverage for 18- to 20-year-old interstate
drivers. The Hudson Insurance Group responded to this question and
noted that training, retraining, and driver development are more
critical than a driver's age and experience.
Of the insurance companies that provided comments to the docket,
Hudson Insurance Group and National Interstate Insurance expressed
their willingness to insure companies that are approved to participate
in a younger driver pilot program. Other commenters recognized that
self-insured motor carriers would be willing and able to participate in
a younger driver pilot program.
Research and Data
The 2019 Federal Register requested research and data to evaluate
the safety performance of drivers under 21 years of age. Specifically,
FMCSA asked if data on traffic violations, crashes, and inspection
violations were adequate to allow a comparison of the safety records of
younger and older drivers; and what research the Agency should consider
to assess the safety impacts of younger interstate CMV drivers.
Regarding the data available on the safety performance of 18- to
20-year-old drivers, commenters to this rule offered several
suggestions. Advocates, ATA, IIHS, and TCA provided several examples of
available data. As sources of safety performance data for 18- to 20-
year-old drivers, commenters cited the Fatality Analysis Reporting
System (FARS); the Trucks Involved in Fatal Accidents data; several
studies, including the Governors Highway Safety Association study on
teen driving; the National Transportation Safety Board's (NTSB) 2019-
2020 Most Wanted List of safety changes; State intrastate data; the
Agency's Under-21 Military CDL Pilot Program; and other data systems.
Further, ATA presented comparison data from 18- to 20-year-old
intrastate drivers in several States and data from drivers ages 21
years or older.
The data and research that commenters cited provided contradictory
information on the safety of 18- to 20-year-old drivers.
ATA cited NHTSA's annual report titled ``Traffic Safety Facts: A
Compilation of Motor Vehicle Crash Data.'' According to the report, in
the 6 years studied (2012-2017), male drivers in the 16 to 20 age range
had a lower involvement rate in fatal crashes than male drivers in the
21 to 24 age range. For example, during 2017, the male driver
involvement rate in fatal crashes per 100,000 licensed drivers was
49.02 for drivers aged 16 to 20, and 50.32 for drivers aged 21 to 24.
In addition, the intrastate data from 13 States shows that in 12 of the
13 States, 18- to 20-year-old CDL holders had crash rates that were on
the whole lower than, or at worst, functionally equivalent to, that of
their 21- to 24-year-old counterparts.
The IIHS analyzed the 2017 FARS data for drivers aged 18 and 19.
The data shows that these drivers are 2.3 times more likely than
drivers aged 20 and older to be in a fatal crash and nearly 3.5 times
more likely to be involved in any police-reported crash. In addition,
the IIHS cited the Governors Highway Safety Association study titled,
``Mission Not Accomplished: Teen Safe Driving, the Next Chapter.'' The
study indicated that 19-year-olds accounted for the greatest number of
teen drivers killed during the study period, followed by 20- and 18-
year-olds.
Without recreating the report or analysis, FMCSA believes the
[[Page 55932]]
differences between the NHTSA Report and IIHS' analysis can be
attributed to the different age groups studied and the fact that the
NHTSA Report took into account data over a 6 year period, whereas IIHS
analyzed 1 year of FARS data.
Commenters generally agreed that traffic violations, crashes, and
inspection violations were adequate standards with which to compare the
safety records of drivers, but cautioned against using indicators of
violations, such as parking tickets, that are not indicative of unsafe
driving behavior. Several commenters believe that FMCSA must conduct
this pilot program to collect the needed data to determine the safety
impacts of younger drivers operating in interstate commerce.
V. Pilot Program Proposal
Using the input from commenters to the 2019 Federal Register
notice, FMCSA proposes the following structure for a new pilot program
for younger drivers. The Agency seeks feedback on the details of this
specific proposal.
Participant Age and Experience for Study Group Drivers
FMCSA proposes to allow drivers to participate in a younger driver
pilot program if they fall within one of the following categories.
Category One: FMCSA proposes to allow 18- to 20-year-old CDL
holders to operate CMVs in interstate commerce while taking part in a
120-hour probationary period and a subsequent 280-hour probationary
period under an apprenticeship program established by an employer, as
introduced in the DRIVE-Safe Act. The 120-hour probationary period
would include 120 hours of on-duty time, with at least 80 hours of
driving time in a CMV. In order to complete the 120-hour probationary
period, the employer must make sure the younger driver is competent in
each of the following areas: Interstate, city traffic, rural 2-lane,
and evening driving; safety awareness; speed and space management; lane
control; mirror scanning; right and left turns; and logging and
complying with rules relating to hours of service. The 280-hour
probationary period would include 280 hours of on-duty time, with at
least 160 hours of driving time in a CMV. In order to complete the 280-
hour probationary period, an employer must ensure that the younger
driver is competent in each of the following areas: Backing and
maneuvering in close quarters; pre-trip inspections; fueling
procedures; weighing loads, weight distribution, and sliding tandems;
coupling and uncoupling procedures; and trip planning, truck routes,
map reading, navigation, and permits. Driver training and
apprenticeship programs have been proven to provide valuable driving
experience; to reduce recklessness; to help prepare the driver for
real-life driving situations that he or she may experience on the road;
and identify and correct poor driving behaviors. Through this
probationary program, the Agency believes these drivers will obtain the
necessary experience skills to operate safety in interstate commerce.
Forty-eight States and the District of Columbia already allow 18- to
20-year-old CDL holders to operate CMVs in intrastate commerce.
Category Two: FMCSA proposes to permit 19- and 20-year-old
commercial drivers who have operated CMVs in intrastate commerce for a
minimum of 1 year and 25,000 miles to participate in the younger driver
CDL pilot program. The Agency believes these drivers have the requisite
experience to operate safely, assuming they meet certain safety
performance standards; and therefore, would not be required to complete
any probationary periods. Forty-nine States and the District of
Columbia already allow 19- and 20-year-old CDL holders to operate CMVs
in intrastate commerce.
To have a statistically valid sample, approximately 200 drivers
aged 18, 19 and 20 are needed. When these individuals reach the age of
21, they would no longer participate in the pilot program and would be
have to be replaced by additional 18-, 19- and 20- year-old drivers by
the motor carriers. FMCSA may continue to track the safety records of
study group drivers who continue to drive for participating motor
carriers when they are 21 or older.
Driving Limitations for Study Group Drivers
FMCSA proposes to limit the types of vehicles a driver in the pilot
program may operate. Consistent with the limitations FMCSA established
in the Under-21 Military CDL Pilot Program, study group drivers would
not be allowed to operate vehicles hauling passengers or hazardous
materials or special configuration vehicles (e.g., doubles, triples,
cargo tanks).
Training and Experience Requirements for Study Group Drivers
In keeping with the Agency's ELDT final rule, FMCSA proposes to
require study group drivers to have taken CDL training that meets the
ELDT rule standards before obtaining their CDL. This will ensure that
drivers admitted to the younger driver CDL pilot program have minimum
training and sufficient experience necessary to operate safely on our
Nation's highways.
Other Study Group Driver Requirements
To participate in the pilot program, FMCSA proposes that the study
group driver be required to complete an application. In addition, the
study group driver must have no disqualifications, suspensions, or
license revocations within the past 2 years and not be under any out-
of-service (OOS) order. To qualify as a study group participant, the
driver must not have:
1. Had more than one license;
2. Had his or her intrastate CDL suspended, revoked, cancelled, or
disqualified for a violation related to 49 CFR 383.51 in the home State
of record or any State;
3. Had any conviction for a violation of State or local law
relating to motor vehicle traffic control (other than a parking
violation) arising in connection with any traffic crash and have no
record of a crash in which he or she was at fault;
4. Been convicted of any of the following violations while
operating a motor vehicle; or
[cir] Been under the influence of alcohol as prescribed by State
law;
[cir] Been under the influence of a controlled substance;
[cir] Had an alcohol concentration of 0.04 or greater while
operating a CMV;
[cir] Refused to take an alcohol test as required by a State under
its implied consent laws or regulations as defined in 49 CFR 383.72;
[cir] Left the scene of a crash;
[cir] Used the vehicle to commit a felony;
[cir] Driven a CMV while his or her intrastate CDL or other license
was revoked, suspended, or cancelled or while he or she was
disqualified from operating a CMV; or
[cir] Caused a fatality through the negligent operation of a CMV
(including motor vehicle manslaughter, homicide by motor vehicle, or
negligent homicide).
5. Had more than one conviction for any of the violations described
below in any type of motor vehicle:
[cir] Driving recklessly, as defined by State or local law or
regulation (including offenses of driving a motor vehicle in willful or
wanton disregard for the safety of persons or property);
[cir] Driving a CMV without obtaining a CDL;
[cir] Violating a State or local law or ordinance on motor vehicle
traffic control prohibiting texting while driving; or
[[Page 55933]]
[cir] Violating a State or local law or ordinance on motor vehicle
traffic control restricting or prohibiting the use of a hand held
mobile telephone while driving.
To stay in the pilot program, the younger drivers would be required
to agree to the release of specific information to FMCSA for purposes
of the pilot program; meet all FMCSR requirements (except age) for
operating a CMV in interstate commerce; operate primarily in interstate
commerce; and, if selected; maintain a good driving record (e.g., free
of any Sec. 383.51 violations). A driver may be removed from the pilot
program if he or she is disqualified for a major offense, serious
traffic violation, railroad-highway grade crossing, or violation of an
OOS order, as outlined in Sec. 383.51 of the FMCSRs.
Vehicle Safety Technology for Study Group Drivers
Vehicle safety technology continues to increase and FMCSA
recognizes the value of these systems. These tools can help prevent, or
significantly reduce the number and severity of, crashes on our
Nation's highways. FMCSA is proposing to require the following vehicle
safety technologies on the CMVs operated by the study group drivers:
Active-braking collision mitigation systems; forward-facing video event
recorders; and automatic or automatic-manual transmissions; and speed
limiters set to 65 miles per hour. FMCSA believes that requiring these
technologies on the CMVs operated by younger drivers will assist in
preventing crashes. As an added benefit, FMCSA will be able to analyze
the data received from these technologies to determine if one safety
feature is more beneficial to safety.
Although not required, FMCSA would also prioritize approval of
those motor carriers that equip their vehicles with additional
technologies, such as various collision avoidance systems, lane
centering, etc.
Control Group Drivers
A control group of older drivers is needed to form a baseline of
comparison for the safety records of the younger study group drivers.
The control group participants would be between 21 and 24 years of age.
These control group drivers would work for the participating carriers.
Motor Carrier Qualification Requirements
To qualify for participation, a motor carrier would have to meet
the following minimum standards, which match the minimum standards of
the Under-21 Military CDL Pilot:
1. Have proper operating authority registration, if required, and
USDOT number;
2. Have evidence of the minimum levels of financial responsibility;
3. Not be a high or moderate risk motor carrier as defined in the
Agency's Federal Register notice titled, ``Notification of Changes to
the Definition of a High Risk Motor Carrier and Associated
Investigation'' published on March 7, 2016 (81 FR 11875);
4. Not have a conditional or unsatisfactory safety rating;
5. Not have any open enforcement actions based on an imminent
hazard OOS order (49 CFR 386.72) or a suspension or revocation based on
a pattern of safety violations (49 CFR part 385 Subpart K);
6. Not have a crash rate above the national average;
7. Not have a driver OOS rate above the national average; and
8. Not have a vehicle OOS rate above the national average.
In addition, unpaid civil penalties would be grounds to deny
participation in the pilot program.
Throughout the pilot program, the motor carrier would be expected
to maintain an excellent safety record. Motor carriers may be
disqualified from the pilot program if the carrier:
1. Does not have proper operating authority registration, where
required, and USDOT number;
2. Does not have the minimum levels of financial responsibility;
3. Is prioritized as a high risk;
4. Is prioritized as a moderate risk for 2 consecutive months;
5. Receives a conditional or unsatisfactory safety rating;
6. Is the subject of an open Federal enforcement action based on an
imminent hazard OOS order (49 CFR 386.72) or a suspension or revocation
based on a pattern of safety violations (49 CFR part 385 Subpart K).
Enforcement actions resulting in civil penalties will be reviewed on a
case-by-case basis;
7. Has a crash rate above the national average for 3 consecutive
months;
8. Has a driver OOS rate above the national average for 3
consecutive months;
9. Has a vehicle OOS rate above the national average for 3
consecutive months; or
10. Fails to report monthly data as required.
FMCSA would reserve the right to remove a carrier from the program
at its discretion if it is determined there is a safety risk.
Motor Carrier Application and Participation Requirements
Carriers would be required to complete an application for
participation in the pilot program and submit monthly data on study
group and/or control group driver activity (e.g., vehicle miles
traveled, duty hours, driving hours, off-duty time, or breaks), safety
outcomes (e.g., crashes, violations, and safety-critical events) and
any additional supporting information (e.g., onboard monitoring systems
or investigative reports from previous crashes). In addition, carriers
would be required to notify FMCSA within 24 hours of: (1) Any injury or
fatal crash involving a participating study group pilot program driver;
(2) a study group driver receiving an alcohol-related citation (e.g.,
driving under the influence or driving while intoxicated); (3) a study
group driver choosing to leave the pilot program; (4) a study group
driver leaving the carrier; or (5) a study group driver failing a
random or post-crash drug/alcohol test.
Carriers would be required to ensure drivers meet the requirements
to participate in a younger driver pilot program by establishing an
apprenticeship program that would mirror the requirements introduced in
the proposed DRIVE-Safe Act for study group drivers in group one;
ensuring study group drivers in group two meet the requisite
experience; and verifying that study group drivers meet all other
requirements to participate.
FMCSA would gather additional safety data for all study and control
group drivers during the pilot program from the Motor Carrier
Management Information System (MCMIS), such as crashes and driving and
inspection violations.
FMCSA would prioritize approval of carriers to participate and
continue based on these carriers' safety performance records over time,
selecting only those with the highest or best relative performance.
Approved carriers would be publicly announced on the Agency's
website to encourage potential study group drivers to apply for
employment directly with the identified carriers. Approved carriers
would be able to assist study group drivers (whom they sponsor) with
completion of the application and participation agreement. When a
carrier receives notification that a study group driver has been
approved to operate in interstate commerce, the carrier would then
submit a form and agreement for a control group driver. In this manner,
the number of drivers in each group would be similar.
[[Page 55934]]
The length of time during which replacement study group drivers
will be added will be determined by FMCSA based on the statistical and
administrative needs of the pilot data collection plan.
FMCSA would adapt the applications, agreements, forms to be used by
interested carriers and potential study and control group drivers, and
plans it created for its Under 21 Military CDL Pilot Program for this
younger driver pilot program.
In addition to the above requirements, FMCSA is proposing that each
motor carrier accepted into the pilot program must agree to comply with
all pilot program procedures and requirements, including completing
required forms, obtaining driver consent, and attending information
sessions.
Control Group Drivers
Details of each requirement for control group drivers summarized
below would be published if the pilot program is approved. Control
group drivers would be required to:
Agree to participate;
Possess a valid CDL;
Be a driver for participating motor carrier;
Have no disqualifications, suspensions, or license
revocations within past 2 years; or be under any OOS order;
Agree to release of specified information for the pilot
program;
Have experience comparable to study group drivers; and
Be 21 to 24 years old at time of acceptance into the
pilot.
VI. Data Collection Plan
The factors to be collected from each participating driver before
and during the pilot program may include, but are not limited to: (1)
Details of any past CMV driving experience and employment information
to assess qualification for participation in the study and/or control
groups; (2) crashes (to be specified); (3) any traffic citations or
warnings received while driving a CMV; (4) any violations or warnings
listed on a CMV inspection report when the participating driver was
operating the vehicle; and (5) detailed 24-hour records of activity to
include CMV hours-of-service logs or electronic records. Some of this
information would be automatically reported to FMCSA; however, due to
possibility of delays in reporting and inaccurate data in some
instances, the participating carrier would be asked to collect the
information from all participating drivers and report it to FMCSA in a
designated format. Other information that may be needed, such as
vehicle miles traveled, would also be collected through the
participating carrier. Every effort would be made to minimize the
burden on the carrier in collecting and reporting this data.
VII. Paperwork Reduction Act
The proposed pilot program would require participating motor
carriers to collect, maintain, and report to FMCSA certain information
about their employed/sponsored drivers who are participating in the
pilot program. This would include identifying information and safety
performance data for use in analyzing the drivers' safety history. The
Agency would revise the forms developed for the Under-21 Military
Driver pilot program to promote uniformity in the data collected by the
pilot carriers.
The Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520) prohibits
agencies from conducting information collection (IC) activities until
they analyze the need for the collection of information and how the
collected data would be managed. Agencies must also analyze whether
technology could be used to reduce the burden imposed on those
providing the data. The Agency must estimate the time burden required
to respond to the IC requirements, such as the time required to
complete a particular form. The Agency submits its IC analysis and
burden estimate to the Office of Management and Budget (OMB) as a
formal information collection request (ICR); the Agency cannot conduct
the information collection until OMB approves the ICR. FMCSA asks for
comment on the IC requirements of this proposal. The Agency's analysis
of these comments would be used in devising the Agency's estimate of
the IC burden of the pilot program. Comments can be submitted to the
docket as outlined under ADDRESSES at the beginning of this notice.
Specifically, the Agency asks for comment on: (1) How useful the
information is and whether it can help FMCSA perform its functions
better; (2) how the Agency can improve the quality of the information
being collected; (3) the accuracy of FMCSA's estimate of the burden of
this IC; and (4) how the Agency can minimize the burden of collection.
Because this is a proposed pilot program in which certain aspects--
such as the content of forms and reports--have not been finalized, the
Agency is not posting the possible IC burden data at this time. If the
pilot program is to be implemented, this information would be posted at
a later date and additional comments would be taken.
VIII. Monitoring and Oversight
FMCSA would review both monthly data submitted by approved motor
carriers and its own databases including, but not limited to, MCMIS,
Safety Measurement System, Commercial Driver's License Information
System, the Licensing and Insurance system, and the Drug and Alcohol
Clearinghouse. FMCSA reserves the right to remove any motor carrier or
driver from the pilot program for reasons including, but not limited
to, failing to meet any of the requirements of the program.
IX. Length of Program
FMCSA expects this program to run for 3 years but may conclude the
program sooner if there is sufficient data to analyze the safety of
covered drivers.
X. Request for Public Comments
The following questions identify input desired by FMCSA.
Instructions for filing comments to the public docket are included
earlier in this notice. Persons are encouraged to respond wherever
possible by reference to the question number, but comments are not
limited to replies to these questions:
1. Should FMCSA consider any additional safeguards to ensure that
the pilot program provides an equivalent level of safety to the
regulations without the age exemption?
2. Would carriers be able to obtain enough drivers to serve in the
control group?
3. Would the vehicle technology requirements proposed for study
group drivers limit participation by smaller companies?
4. Should FMCSA limit the distance that study group drivers should
be allowed to operate (e.g., 150 air-mile radius, 250 air-mile radius)?
5. Are the data collection efforts proposed so burdensome for
carriers as to discourage their participation?
6. Should we limit participation to drivers who have not been
involved in a preventable crash?
James A. Mullen,
Deputy Administrator.
[FR Doc. 2020-19977 Filed 9-9-20; 8:45 am]
BILLING CODE 4910-EX-P