Proposed Pilot Program To Allow Persons Ages 18, 19, and 20 To Operate Commercial Motor Vehicles in Interstate Commerce
| Published date | 10 September 2020 |
| Citation | 85 FR 55928 |
| Record Number | 2020-19977 |
| Section | Notices |
| Court | Federal Motor Carrier Safety Administration,Transportation Department |
55928
Federal Register / Vol. 85, No. 176 / Thursday, September 10, 2020 / Notices
1
The reports are available on the internet at
https://rosap.ntl.bts.gov/view/dot/16462; https://
rosap.ntl.bts.gov/view/dot/21199.
2
These criteria may be found in 49 CFR part 391,
APPENDIX A TO PART 391—MEDICAL
ADVISORY CRITERIA, section D. Cardiovascular:
§391.41(b)(4), paragraph 4, which is available on
the internet at https://www.gpo.gov/fdsys/pkg/CFR-
2015-title49-vol5/pdf/CFR-2015-title49-vol5-
part391-appA.pdf.
140 on the ground floor of the DOT
West Building, 1200 New Jersey Avenue
SE, Washington, DC 20590, between 9
a.m. and 5 p.m., ET, Monday through
Friday, except Federal holidays. To be
sure someone is there to help you,
please call (202) 366–9317 or (202) 366–
9826 before visiting Docket Operations.
B. 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.
II. Background
On May 19, 2020, FMCSA published
a Federal Register notice (85 FR 3006)
announcing receipt of an application
from one individual treated with an ICD
and requested comments from the
public. This individual requested an
exemption from 49 CFR 391.41(b)(4)
which prohibits operation of a CMV in
interstate commerce by persons with a
current clinical diagnosis of myocardial
infarction, angina pectoris, coronary
insufficiency, thrombosis, or any other
cardiovascular disease of a variety
known to be accompanied by syncope,
dyspnea, collapse, or congestive heart
failure. The public comment period
closed on June 18, 2020, and one
comment was received.
FMCSA has evaluated the eligibility
of the applicant and concluded that
granting the exemption request would
not provide a level of safety that would
be equivalent to, or greater than, the
level of safety that would be obtained by
complying with § 391.41(b)(4). A
summary of the applicant’s medical
history related to his ICD exemption
request was discussed in the May 19,
2020, Federal Register notice and will
not be repeated here.
The Agency’s decision regarding this
exemption application is based on
information from the Cardiovascular
Medical Advisory Criteria, an April
2007, evidence report titled
‘‘Cardiovascular Disease and
Commercial Motor Vehicle Driver
Safety,’’
1
and a December 2014, focused
research report titled ‘‘Implantable
Cardioverter Defibrillators and the
Impact of a Shock in a Patient When
Deployed.’’ Copies of these reports are
included in the docket.
FMCSA has published advisory
criteria to assist medical examiners in
determining whether drivers with
certain medical conditions are qualified
to operate a CMV in interstate
commerce.
2
The advisory criteria for
§ 391.41(b)(4) indicates that coronary
artery bypass surgery and pacemaker
implantation are remedial procedures
and thus, not medically disqualifying.
Implantable cardioverter defibrillators
are disqualifying due to risk of syncope.
III. Discussion of Comments
FMCSA received one comment which
was out of scope for this proceeding.
IV. Basis for Exemption Determination
Under 49 U.S.C. 31136(e) and
31315(b), FMCSA may grant an
exemption from the FMCSRs for no
longer than a 5-year period if it finds
such exemption would likely achieve a
level of safety that is equivalent to, or
greater than, the level that would be
achieved absent such exemption.
The Agency’s decision regarding
exemption applications is based on an
individualized assessment of each
applicant’s medical information,
available medical and scientific data
concerning ICDs, and any relevant
public comments received.
In the case of persons with ICDs, the
underlying condition for which the ICD
was implanted places the individual at
high risk for syncope or other
unpredictable events known to result in
gradual or sudden incapacitation. ICDs
may discharge, which could result in
loss of ability to safely control a CMV.
The December 2014 focused research
report discussed earlier upholds the
findings of the April 2007 report and
indicates that the available scientific
data on persons with ICDs and CMV
driving does not support that persons
with ICDs who operate CMVs are able
to meet an equal or greater level of
safety.
V. Conclusion
The Agency has determined that the
available medical and scientific
literature and research provides
insufficient data to enable the Agency to
conclude that granting tan exemption
would achieve a level of safety
equivalent to, or greater than, the level
of safety maintained without the
exemption. Therefore, the following
applicant has been denied an exemption
from the physical qualification
standards in § 391.41(b)(4):
Kenneth Randolph (FL)
The applicant has, prior to this notice,
received a letter of final disposition
regarding his exemption request. The
decision letter fully outlined the basis
for the denial and constitutes final
action by the Agency. The notice
published today summarizes the
Agency’s recent denials as required
under 49 U.S.C. 31315(b)(4).
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2020–19952 Filed 9–9–20; 8:45 am]
BILLING CODE 4910–EX–P
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.
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,
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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) (§ 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
(§ 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
§ 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.
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.
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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
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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
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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
ÆBeen under the influence of alcohol
as prescribed by State law;
ÆBeen under the influence of a
controlled substance;
ÆHad an alcohol concentration of
0.04 or greater while operating a CMV;
ÆRefused to take an alcohol test as
required by a State under its implied
consent laws or regulations as defined
in 49 CFR 383.72;
ÆLeft the scene of a crash;
ÆUsed the vehicle to commit a
felony;
ÆDriven 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
ÆCaused 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:
ÆDriving 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);
ÆDriving a CMV without obtaining a
CDL;
ÆViolating a State or local law or
ordinance on motor vehicle traffic
control prohibiting texting while
driving; or
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ÆViolating 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 § 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 § 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.
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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
DEPARTMENT OF THE TREASURY
Office of Foreign Assets Control
Notice of OFAC Sanctions Actions
AGENCY
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Control, Treasury.
ACTION
: Notice.
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