Attachment B - 60-day FR

60-Day FR for Military Under 21 Pilot Program.pdf

Pilot Program to Allow 18- to 21-Year-Old Persons with Military Driving Experience to Operate Commercial Motor Vehicles in Interstate Commerce

Attachment B - 60-day FR

OMB: 2126-0068

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Federal Register / Vol. 83, No. 130 / Friday, July 6, 2018 / Notices

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‘‘upload file’’ field. The name of the file
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www.regulations.gov. You must make

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any alternative arrangements with
Yvonne Jamison at (202) 395–3475 in
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General information concerning USTR
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We will post comments in the docket
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IV. Petitions
15 CFR part 2017 permits any
interested party to submit a petition to
USTR, at any time, with respect to
whether a beneficiary sub-Saharan
African country is meeting the AGOA
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party may file a petition through
www.regulations.gov, under docket
number USTR–2018–0022.
Edward Gresser,
Chair of the Trade Policy Staff Committee,
Office of the United States Trade
Representative.
[FR Doc. 2018–14098 Filed 7–5–18; 8:45 am]
BILLING CODE 3290–F8–P

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[Docket No. FMCSA—2017–0196]

60-Day Notice of Proposed Information
Collection: Pilot Program To Allow 18to 21-Year-Old Persons With Military
Driving Experience To Operate
Commercial Motor Vehicles (CMVs) in
Interstate Commerce
Federal Motor Carrier Safety
Administration (FMCSA), Department
of Transportation (DOT).
ACTION: Notice and request for
comments.
AGENCY:

FMCSA is seeking approval
from the Office of Management and
Budget (OMB) for the information
collection described below. In
accordance with the Paperwork
Reduction Act, FMCSA is requesting
comment from all interested parties on
the proposed collection of information.
The purpose of this notice is to allow for
60 days of public comment.
Pursuant to Section 5404 of the Fixing
America’s Surface Transportation Act,
2015 (FAST Act), FMCSA proposes a 3year period of information collection to
determine whether the safety outcomes
(to include crashes, moving violations,
inspection violations, and safety critical
events as available) of drivers under the

SUMMARY:

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age of 21 with military experience in the
operation of heavy vehicles (i.e.,
‘‘covered drivers’’) participating in
interstate commerce are similar to the
safety outcomes of commercial motor
vehicle drivers (CMV) drivers between
the ages of 21 and 24 operating freightcarrying CMVs, and how training and
experience impact the safety of the 18to 20-year-old driving population.
FMCSA proposed this pilot program
and solicited public comment on
August 22, 2016. The prior 60-day
notice sought comment on program
operations, including whether any
additional safeguards are needed to
ensure that the pilot program provides
a level of safety equivalent to current
safety levels. Additional details on the
broader pilot program are available
through a separate notice published in
today’s Federal Register.
DATES: Comments must be received on
or before September 4, 2018.
ADDRESSES: You may submit comments
bearing the Federal Docket Management
System (FDMS) Docket ID FMCSA–
2017–0196 using any of the following
methods:
• Federal eRulemaking Portal: http://
www.regulations.gov. Follow the online
instructions for submitting comments.
• Fax: 1–202–493–2251.
• Mail: Docket Operations, U.S.
Department of Transportation, 1200
New Jersey Ave. SE, West Building,
Ground Floor, Room W12–140,
Washington, DC 20590–0001.
• Hand Delivery or Courier: 1200
New Jersey Avenue SE, West Building,
Ground Floor, Room W12–140,
Washington, DC 20590 between 9 a.m.
and 5 p.m., Monday through Friday,
except Federal holidays.
Instructions: All submissions must
include the Agency name and the
docket number. For detailed
instructions on submitting comments,
see the Public Participation heading
below. Note that all comments received
will be posted without change to http://
www.regulations.gov, including any
personal information provided. Please
see the Privacy Act heading below.
Docket: For access to the docket to
read background documents or
comments received, go to http://
www.regulations.gov and follow the
online instructions for accessing the
dockets, or go to the street address listed
above.
Privacy Act: In accordance with 5
U.S.C. 553(c), DOT solicits comments
from the public to better inform its
rulemaking process. DOT posts these
comments, without edit, including any
personal information the commenter
provides, to www.regulations.gov, as

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Federal Register / Vol. 83, No. 130 / Friday, July 6, 2018 / Notices

described in the system of records
notice (DOT/ALL–14 FDMS), which can
be reviewed at www.dot.gov/privacy.
Public Participation: The Federal
eRulemaking Portal is available 24
hours each day, 365 days each year. You
can obtain electronic submission and
retrieval help and guidelines under the
‘‘help’’ section of the Federal
eRulemaking Portal website. If you want
us to notify you that we received your
comments, please include a selfaddressed, stamped envelope or
postcard, or print the acknowledgement
page that appears after submitting
comments online. Comments received
after the comment closing date will be
included in the docket and will be
considered to the extent practicable.
FOR FURTHER INFORMATION CONTACT:
Nicole Michel, Research Division,
Federal Motor Carrier Safety
Administration, 1200 New Jersey
Avenue SE, Washington, DC 20590–
0001, by email at nicole.michel@
dot.gov, or by telephone at (202) 366–
4354. If you have questions on viewing
or submitting material to the docket,
contact Docket Services, telephone (202)
366–9826.
SUPPLEMENTARY INFORMATION:
Title: Proposed Information Collection
for a Pilot Program to Allow 18- to 21Year-Old Persons with Military Driving
Experience to Operate CMVs in
Interstate Commerce.
OMB Control Number: 2126–00XX.
Type of Request: New information
collection.
Respondents: Motor carriers; 21- to
24-year-old entry-level CMV drivers
with valid commercial drivers’ licenses
(CDLs) operating in freight-carrying
interstate commerce (control group
drivers); 18- to 20-year-old freightcarrying CMV drivers with a valid CDL
operating in intrastate commerce
(intrastate group drivers); 18- to 20-yearold current or former military personnel
with training in heavy-duty vehicle
operations (covered drivers) and valid
CDLs with a K-restriction.
Estimated Number of Respondents:
1,570. [Motor carriers: 70 in total; 50 at
any given time. Control group drivers:
1,500 in total (Year 1 = 300; Year 2 =
100; Year 3 = 100; Annualized = 166.7).
Intrastate group drivers: 500 in total
(Year 1 = 300; Year 2 = 100; Year 3 =
100; Annualized = 166.7). Covered
group drivers: 500 in total (Year 1 = 300;
Year 2 = 100; Year 3 = 100; Annualized
= 166.7).]
Estimated Time per Response: Motor
Carriers: application—20 minutes (onetime response); monthly data
submission—45 minutes (per
participating driver); miscellaneous

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additional data submissions—60
minutes per month (e.g. notification of
a crash with injury or fatality,
notification of a driver leaving the
carrier or study); monthly supporting
information—15 minutes (per sponsored
participating driver, monthly; e.g.,
optional on-board monitoring system
[OBMS] logs, investigation findings for
crashes). Drivers: background
information and informed consent
forms—20 minutes (one-time response).
Expiration Date: N/A. This is a new
information collection request (ICR).
Frequency of Response: This is a onetime pilot program that will span a 3year period of data collection.
Throughout the 3-year pilot program,
the response frequencies are: Motorcarrier applications: one-time response.
Driver demographic and release forms:
one-time response. Motor carrier driver
data submission: monthly (see
‘‘Estimated Time per Response’’ for
more details).
Estimated Total Annual Burden:
7,974.5 hours annualized. [This
includes 7.8 hours annualized for motor
carrier applications; 166.67 hours
annualized for driver information and
informed consent forms; 5,400 hours
annualized for monthly driver activity
and safety data; 600 hours annualized
for miscellaneous tasks; and 1,800 hours
annualized for additional supporting
data]
I. Background
Applicable Regulations
Drivers of CMVs engaged in interstate
commerce must be at least 21 years of
age (49 CFR 391.11(b)(1)). This includes
CMVs for which CDLs are required and
certain other CMVs for which a CDL is
not required.
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 CDL. A CDL
holder under the age of 21 must have a
‘‘K’’ restriction on their CDL, which
limits the driver to operating in
intrastate commerce. Therefore, the
proposed pilot program requires that
participating drivers be provided relief
from sections of 49 CFR parts 383 and
391 concerning minimum age
requirements so that the covered drivers
may operate in interstate commerce.
FAST Act Requirements
On December 4, 2015, the FAST Act
was signed into law. Section 5404 of the
FAST Act (Pub. L. 114–94, 129 Stat.
1312, 1549, Dec. 4, 2015) requires the
Secretary of Transportation to conduct a

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commercial driver pilot program to
‘‘. . . study the feasibility, benefits, and
safety impacts of allowing a covered
driver to operate a commercial motor
vehicle in interstate commerce.’’ A
‘‘covered driver’’ is defined as a current
or former member of the armed forces or
reserve components between the ages of
18 and 21, who is qualified in a Military
Occupational Specialty (MOS) to
operate a CMV or similar vehicle.
Section 5404 of the FAST Act requires
the establishment of a data collection
program to collect and analyze data
regarding crashes involving covered
drivers participating in the pilot
program and drivers under the age of 21
operating CMVs in intrastate commerce.
A report detailing the findings will be
submitted to Congress no later than one
year after completing data collection.
II. Purpose of Proposed ICR
The primary purpose of the proposed
ICR is to support research to determine
whether the safety outcomes of covered
drivers participating in interstate
commerce are similar to the safety
outcomes of older entry-level drivers
(i.e., CDL drivers between the ages of 21
and 24) and how training and
experience impact the safety of the 18to 20-year-old driving population. For
the purposes of this ICR, safety
outcomes refer to crashes, driver moving
violations, total number of inspections
for the month, violations from
inspections, and any safety-critical
events captured via OBMS, such as hard
braking or sudden lane changes. This
research effort will allow FMCSA to
fulfill the requirements of Section 5404
of the FAST Act.
III. Data Collection Plan
Details of the data collection plan for
this pilot program are subject to change
based on comments to the docket and
further review by analysts. FMCSA will
encourage motor carriers to participate
in the pilot who will then identify and
employ covered, intrastate, and/or
control group drivers and report
participating drivers’ safety and activity
data to the project team.
The plan for the data collection task
is to have approximately 50 motor
carriers participating in the pilot
program at a time (some carriers may
wish to depart the study before the 3year data collection period is complete;
FMCSA intends to replace them as
needed and as possible) who will then
identify and employ at least one covered
group driver, as well as intrastate
drivers, and/or control group drivers
and report their safety and activity data
to FMCSA. Note that while only 50
carriers are expected to participate at

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Federal Register / Vol. 83, No. 130 / Friday, July 6, 2018 / Notices
any given time, an estimated 70 carriers
will participate throughout the 3-year
study due to carriers leaving the study
and needing to be replaced.
FMCSA expects to include an average
of 600 drivers in the study per year (200
control group, 200 intrastate, and 200
covered drivers). Because of relatively
high turnover in the motor carrier
industry and given that many covered
drivers will turn 21 through the course
of the pilot program (and therefore no
longer be considered covered drivers),
participating motor carriers will need to
work with the project team to add
additional drivers to the program over
time. An estimated 300 replacement
drivers (100 control group, 100
intrastate, and 100 covered) will
participate during each year of the 3year program due to expected turnover.
The information collection can be
summarized by the following:
• A motor carrier application
(completed once at the time of
application) for participation in the
pilot program will provide the project
team with the carrier’s contact
information and demographic data.
• Each participating driver will need
to complete a driver background
information form and sign an informed
consent form, which the motor carrier
will submit on the driver’s behalf. This
is a one-time task for each driver.
• On a monthly basis, carriers will
submit data on driver activity (e.g., duty
hours, driving hours, off-duty time,
restart breaks), safety outcomes (e.g.,
crashes, violations, and safety-critical
events) and any additional supporting
information (e.g., OBMS logs,
investigative reports from previous
crashes).
• Carriers will be required to notify
FMCSA within 24 hours of: any injury
or fatality crashes involving a
participating driver, a participating
driver receiving an alcohol-related
citation (e.g., driving under the
influence, driving while intoxicate), a
participating driver choosing to leave
the pilot program, a participating driver
leaving the carrier, or a participating
driver failing a random or post-crash
drug/alcohol test.
This pilot limits the definition of
CMVs to large trucks and does not
include passenger-carrying vehicles,
such as buses. In addition, the
definition of CMVs is limited to trucks
not in special configurations or involved
in the transport of hazardous materials.
IV. Paperwork Reduction Act
The Paperwork Reduction Act of 1995
(the PRA) (44 U.S.C. 3501–3520)
prohibits agencies from conducting
information collection (IC) activities

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until they analyze the need for the
collection of information and how the
collected data will 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 OMB as a formal
ICR; the Agency cannot conduct the
information collection until OMB
approves the ICR.
V. Request for Public Comments
FMCSA asks for comment on the IC
requirements of this pilot. Comments
can be submitted to the docket as
outlined under ADDRESSES at the
beginning of this notice. You are asked
to comment on any aspect of this
information collection, including:
1. Whether there are specific criteria
that should make a driver ineligible to
participate in the program.
2. Whether there are specific criteria
that should make a carrier ineligible to
participate in the program.
3. Whether the proposed collection is
necessary for the performance of
FMCSA’s functions.
4. Whether additional items should be
reported to FMCSA within 24 hours
other than a driver being involved in a
crash with injury or fatality, a driver
receiving an alcohol-related citation, a
driver choosing to leave the study, a
driver leaving a carrier, or a driver
failing a random or post-crash drug/
alcohol test.
5. The accuracy of the estimated
burdens.
6. Ways for FMCSA to enhance the
quality, usefulness, and clarity of the
collected information.
7. Ways that the burden could be
minimized without reducing the quality
of the collected information.
8. Whether the data collection efforts
proposed for carriers and drivers are
burdensome enough to discourage their
participation.
9. Whether a comparison of the
control group, intrastate driver group,
and covered driver group is likely to
produce valid conclusions.
Issued under the authority of 49 CFR 1.87
on: June 15, 2018.
Kelly Regal,
Associate Administrator, Office of Research
and Information Technology.
[FR Doc. 2018–14028 Filed 7–3–18; 4:15 pm]
BILLING CODE 4910–EX–P

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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[Docket No. FMCSA–2016–0069]

Proposed Pilot Program To Allow
Persons Between the Ages of 18 and
21 With Military Driving Experience To
Operate Commercial Motor Vehicles in
Interstate Commerce
Federal Motor Carrier Safety
Administration (FMCSA), DOT.
ACTION: Notice.
AGENCY:

On August 22, 2016, FMCSA
proposed a pilot program to meet the
requirements of section 5404 of the
Fixing America’s Surface Transportation
(FAST) Act. FMCSA proposed a pilot
program to allow a limited number of
individuals ages 18, 19, and 20 to
operate commercial motor vehicles
(CMVs) in interstate commerce, if they
have received specified heavy-vehicle
driver training while in military service
and were hired by a participating motor
carrier. This notice provides the details
of the pilot program and responds to
comments received in response to the
August 22, 2016 notice.
FOR FURTHER INFORMATION CONTACT: Mr.
Selden Fritschner, Commercial Driver’s
License Division, Federal Motor Carrier
Safety Administration, 1200 New Jersey
Avenue SE, Washington, DC 20590–
0001, by email at Selden.Fritschner@
dot.gov, or by telephone at (202) 366–
0677. If you have questions on viewing
or submitting material to the docket,
contact Docket Services, telephone (202)
366–9826.
SUPPLEMENTARY INFORMATION:
SUMMARY:

Definitions
For the purposes of this pilot
program, FMCSA is using the following
definitions:
Approved motor carrier—A motor
carrier approved by the Agency to use
covered drivers to operate CMVs in
interstate commerce that agrees to
provide data on covered drivers, control
drivers and/or intrastate drivers.
Control Driver—A 21 to 24-year-old
driver employed by a motor carrier with
a valid commercial driver’s license
(CDL) who operates CMVs in interstate
commerce.
Covered Driver—An 18-, 19-, or 20year-old driver with military training, in
one of the seven Military Occupational
Specialties (MOS), as defined below,
employed by an approved motor carrier,
who may operate in interstate commerce
based on the provisions of this pilot
program.

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