Federal Register / Vol. 83, No. 130 / Friday, July 6, 2018 / Notices 31633 

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 3- 

year 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 

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 

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 

AGENCY: Federal Motor Carrier Safety 

Administration (FMCSA), DOT. 

ACTION: Notice. 

SUMMARY: 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: 

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 20- 

year-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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Intrastate Driver—An 18-, 19-, or 20- 

year-old driver employed by a motor 

carrier who may operate a CMV only in 

intrastate commerce. 

Military Occupational Specialties 

(MOS)—For the purposes of this Federal 

Register notice, this term is used as a 

generic term for all military job 

classifications that include: 88M— 

Motor Transport Operator (Army), 

92F—Fueler (Army), 2T1—Vehicle 

Operations (Air Force), 2Fo—Fueler (Air 

Force), 3E2—Pavement and 

Construction Equipment (Air Force), 

E.O.—Equipment Operator (Navy), and 

3531—Motor Vehicle Operator (Marine 

Corps). 

Legal Basis 

As noted in the August 22, 2016, 

Federal Register notice, Section 4007 of 

the Transportation Equity Act for the 

21st Century (TEA–21) (Pub. L. 105– 

178, 112 Stat. 107) amended 49 U.S.C. 

31315 and 31136(e) to give the Secretary 

of Transportation authority to conduct 

pilot programs. Section 4007 of TEA–21 

also authorizes pilot programs in which 

one or more exemptions are granted to 

allow for the testing of innovative 

alternatives to certain Federal Motor 

Carrier Safety Regulations (FMCSRs). 

Section 4007 was implemented through 

an interim final rule (IFR) on December 

8, 1998 (63 FR 67600) and codified at 

49 CFR part 381. The IFR was finalized 

on August 20, 2004 (69 FR 51589). The 

final rule established procedures to 

propose and manage pilot programs. 

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. 

That requirement was fulfilled by the 

August 22, 2016, notice. 

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. At the conclusion 

of each pilot program, FMCSA must 

report to Congress its findings, 

conclusions, and recommendations, 

including suggested amendments to 

laws and regulations that would 

enhance motor carrier, CMV, and driver 

safety, and improve compliance with 

the FMCSRs. 

Section 5404 of the FAST Act (Pub. L. 

114–94, 129 Stat. 1312, 1549, Dec. 4, 

2015) requires the Secretary of 

Transportation to conduct a 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 member or former member 

of the armed forces or reserve and 

national guard components between the 

ages of 18 and 21, who is qualified in 

a MOS to operate a CMV or similar 

vehicle. A covered driver participating 

in the pilot program may not transport 

passengers or hazardous cargo that 

require endorsements, or operate a 

vehicle in a special configuration. 

Section 5404 requires this pilot program 

to collect and analyze data regarding 

crashes involving covered drivers 

participating in the program, and 

drivers under the age of 21 operating 

CMVs in intrastate commerce. 

Discussion of Comments and Responses 

on the Notice of Proposed Pilot Program 

On August 22, 2016, FMCSA 

published a notice in the Federal 

Register proposing this pilot program 

and requesting public comment (81 FR 

56745). Sixty-seven comments were 

submitted to the docket; 40 favored the 

pilot program and 9 opposed it. The 

remaining 18 comments were a form 

letter asking the Agency to either 

expand the current pilot program or 

initiate a new one for drivers aged 20 

and under who are engaged in 

agricultural operations. This request is 

outside of the scope of this pilot 

program as was defined by the FAST 

Act. 

In addition to private citizens, the 

following types of entities commented 

on the notice: Agricultural industry, 

motor carriers, CMV drivers, insurance 

industry, professional associations, 

owner operators, safety advocacy 

groups, State Driver License Agencies 

(SDLAs), and other trade associations. 

Only a handful of the 40 commenters 

who favored the pilot program endorsed 

it without reservation. Commenters 

generally supported the pilot program, 

provided FMCSA accepted their 

recommendations on program 

implementation. A number of 

commenters, all of which are motor 

carriers, supported the pilot program 

and expressed their interest in 

participating and employing 18 to 20- 

year-old drivers. Those generally in 

favor of the pilot program included the 

Colorado Department of Revenue, 

American Association of Motor Vehicle 

Administrators (AAMVA), National 

Propane Gas Association (NPGA), 

National Limousine Association, 

American Trucking Associations (ATA), 

Truckload Carriers Association (TCA), 

Serenity Trucking LLC, and Agricultural 

Retailers Association. 

Organizations and individual 

commenters including the Commercial 

Vehicle Training Association (CVTA), 

the Insurance Institute for Highway 

Safety (IIHS), and the Owner-Operator 

Independent Drivers Association 

(OOIDA) did not expressly support or 

oppose the pilot program but asked for 

clarifications and offered 

recommendations to ensure safety. 

Commenters generally opposing the 

pilot program made several arguments. 

The most frequent assertions were that 

drivers 18 to 20 years old are more 

likely to crash. This was based on the 

previous efforts to lower the CMV 

driving age. There was also skepticism 

that drivers with military experience 

will yield useful data to determine if all 

18–20-year-old drivers can safely 

operate CMVs. Those opposed to the 

pilot program included individuals plus 

representatives of the National Safety 

Council, Truck Safety Coalition (TSC), 

Advocates for Highway and Auto Safety 

(AHAS), Parents Against Tired 

Truckers, and Citizens for Reliable and 

Safe Highways. The safety groups 

provided data on 18 to 20-year-old 

drivers to document the safety history of 

this age group. Although AHAS 

opposed the pilot program in general, it 

did offer recommendations on the 

design of the program. Some private 

citizens expressed their complete 

disapproval of the pilot program, 

arguing that it would be a ‘‘huge 

mistake’’ and ‘‘very dangerous’’ to allow 

covered drivers to operate in interstate 

commerce and that by doing so it would 

‘‘create a higher danger for those on the 

road.’’ 

George Kern provided statistics from 

the Center for Disease Control 

highlighting a variety of situations 

where teens are more likely to crash. 

Russ Swift opposes the pilot program 

saying the data demonstrates that 

younger drivers are more likely to crash 

than drivers who are older than 21 years 

of age. Deborah Hersman of the National 

Safety Council refers to National 

Highway Traffic Safety Administration 

2014 data that indicated 4,272 people 

were killed in crashes involving young 

drivers in 2014. Additionally, Ms. 

Hersman referred to a study conducted 

by the University of Michigan 

Transportation Research Institute that 

found from 1980-1984 fatal crash, 

mileage-based involvement rates for 

drivers of large trucks increase with 

decreasing driver age. 

FMCSA’s Response: Safety is 

FMCSA’s number one priority. Before a 

motor carrier or driver is approved to 

participate in the pilot program, FMCSA 

will ensure that strict qualification 

safety standards are met. If at any time 


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during the pilot program, a motor carrier 

or driver is not complying with the 

standards, FMCSA may remove the 

motor carrier and/or driver from the 

pilot program. The qualification and 

disqualification standards for the motor 

carrier and the driver are outlined 

below. 

Pilot Program Design 

AAMVA, CVTA, IIHS, and the 

National Limousine Association offered 

recommendations to improve safety and 

asked for clarification on the direction 

of the pilot program. AAMVA asked 

how the participants in the pilot 

program will be differentiated from 

other commercial learner’s permit or 

CDL holders. 

Some commenters, including Werner 

Enterprises, recommended requiring 

electronic logging devices and other 

electronic monitoring equipment. 

Deborah Lipsitz, Matthew Kelpe, the 

National Safety Council, AAMVA, 

NPGA, IIHS, TSC, OOIDA, AHAS, ATA, 

and Werner Enterprises provided 

recommendations for the collection and 

analysis of data. 

The Colorado Department of Revenue, 

IIHS, OOIDA, ATA, and TCA 

recommended increasing the number of 

covered drivers. 

Werner Enterprises expressed concern 

over the Agency’s lack of appropriate 

crash accountability factors. Werner 

Enterprises has concerns about how the 

Agency is defining ‘‘good safety record’’ 

and the use of the Safety Measurement 

System (SMS) and referenced the 

Government Accountability Office 

report on SMS. 

AHAS noted that previous efforts to 

lower the age have been consistently 

rejected and provided information on 

earlier efforts by the Federal Highway 

Administration. Therefore, AHAS noted 

that the pilot program must be designed 

to collect all available safety data to 

accurately assess performance. AHAS 

requested that FMCSA require onboard 

monitoring systems for a more accurate 

picture of driver performance—hard 

braking, jerking of the wheel and 

alertness. 

Deborah Lipsitz and Joe Book 

recommended not enrolling drivers in 

the pilot who have been dishonorably 

discharged from the military. 

The Colorado Department of Revenue 

recommended lowering the age of the 

control group to 21 to 24-year-old 

drivers, to make the ages as close as 

possible to the study group. 

FMCSA Response: Approved motor 

carriers will be exempted from 49 CFR 

391.11(b)(1), which prohibits a person 

from operating a CMV in interstate 

commerce under the age of 21. The 

motor carriers will be provided with a 

letter from FMCSA approving their use 

of the approved covered drivers. A list 

of covered drivers that is updated in 

real-time will be available electronically 

to law enforcement for confirmation 

during inspections or investigations. 

FMCSA does not agree with 

increasing the number of covered 

drivers. FMCSA believes the current 

sample size is large enough to ensure 

statistically valid results. More 

information on the sample size and 

design may be found in the Federal 

Notice published elsewhere in this issue 

of the Federal Register proposing the 

associated Information Collection 

Request (ICR). The ICR notice also 

explains the Agency’s research and 

analysis plans. FMCSA requests that 

comments on the plan be submitted to 

the docket for that notice. 

FMCSA will continue to use the SMS 

as a measure of a motor carrier’s 

performance against its peers. The 

Agency’s regulations require FMCSA to 

ensure that the pilot program design 

does not jeopardize safety. 

FMCSA is not requiring on board 

monitoring systems for this study 

because it would be cost-prohibitive for 

carriers to participate and may 

minimize participation by smaller 

carriers. For those carriers that have onboard monitoring systems, the Agency 

will be requesting information from the 

technology for the approved motor 

carriers, but the decision of whether or 

not to provide it will be the carrier’s. 

FMCSA concurs with the two 

commenters who opposed allowing 

applicants with a dishonorable 

discharge to participate in the pilot 

program. The Agency made this 

decision because Congress’ intent was to 

initiate a pilot program using a subset of 

drivers (those with military experience 

and training) that had been exposed to 

and demonstrated safe practices and 

discipline. The Agency believes this 

was to ensure maximum safety for this 

effort and we believe a driver who 

received a dishonorable discharge has 

not demonstrated the discipline 

Congress anticipated for study 

participants. 

The age parameters for the covered 

drivers were established by the FAST 

Act. Based on comments received and a 

review of literature regarding young 

drivers, FMCSA is revising the ages of 

control group to 21–24, as suggested by 

the Colorado Department of Revenue, to 

capture data on a group of younger 

drivers as the point of comparison. In 

addition, the FAST Act requires FMCSA 

to also study intrastate drivers aged 18, 

19 and 20, as part of this pilot program. 

Training for Covered Drivers 

CVTA, ATA, and TCA recommended 

that the Agency require certain levels of 

training consistent with the Entry Level 

Driver Training (ELDT) standards. 

CVTA and Werner Enterprises pointed 

out that there are differences between 

military and civilian training; 

specifically, the military does not teach 

drivers about log books and the 

FMCSRs. OOIDA recommended that 

FMCSA require applicants and 

participants in the pilot program to have 

experience operating a heavy motor 

vehicle while in military service and 

verification of the types of vehicles the 

covered drivers were trained on and 

drove for the military. Both AHAS and 

TSC commented that FMCSA should 

ensure that behind the wheel training is 

provided, including skills needed to 

deal with critical safety events requiring 

hard braking or jerking the wheel, and 

to avoid distracted driving. Two private 

citizens recommended that drivers to be 

required to provide proof of training and 

experience in the military. 

FMCSA’s Response: A covered driver 

is an individual who is 18, 19 or 20 

years old; a current or former member 

of the armed forces, reserve, or national 

guard components; and is qualified in 

one of the following seven MOS: 88M— 

Motor Transport Operator (Army), 

92F—Fueler (Army), 2T1—Vehicle 

Operations (Air Force), 2Fo—Fueler (Air 

Force), 3E2—Pavement and 

Construction Equipment (Air Force), 

E.O.—Equipment Operator (Navy), and 

3531—Motor Vehicle Operator (Marine 

Corps). Military personnel qualified in 

these job classifications receive 

extensive training and experience that 

goes beyond the ELDT requirements. 

FMCSA has carefully reviewed both the 

knowledge and skills training and, along 

with AAMVA, the testing of graduates 

of these seven MOS. Each of the seven 

MOS provides more than 160 hours of 

training on all vehicles in the military 

vehicle fleet. Subsequently, each 

qualified serviceman is licensed on the 

individual vehicle, and retested each 

time he or she changes commands. In 

addition, members of the military 

receive recurring training. 

FMCSA recognizes there may be an 

experience gap, as noted by CVTA and 

TCA. Both mention that military 

personnel are not taught about the 

requirements of the FMCSRs, 

specifically records of duty status and 

hours of service. The motor carriers that 

participate in the pilot program will be 

responsible for training the covered 

drivers on the FMCSRs to ensure that 

the pilot program drivers are in 

compliance. In addition, 49 CFR 


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390.3(e) requires motor carriers to have 

knowledge of, and comply with, all 

applicable FMCSRs. Also, drivers must 

demonstrate knowledge of the FMCSRs, 

in order to successfully pass the CDL 

knowledge and skills tests. 

Publication of the Study Results 

The IIHS urged FMCSA to conduct 

the strongest possible study due to crash 

risk. Three commenters requested that 

FMCSA share the data generated by the 

pilot program. 

FMCSA’s Response: FMCSA will fully 

analyze the results of the pilot study 

and will determine the feasibility, 

benefits, and safety impacts of allowing 

a covered driver to operate a CMV in 

interstate commerce. The results of this 

pilot program will be conveyed to 

Congress and be publicly available. 

General Comments to the Notice 

Several commenters provided 

additional recommendations. 

William Young and other commenters 

recommended the program be managed 

similar to State Graduated Driver 

License programs which include 

specified times and driving conditions 

for the covered drivers. 

FMCSA’s Response: Limiting how 

much the covered drivers may operate 

would negatively impact the pilot 

program in several ways. First, if 

covered drivers operate differently than 

control group drivers, the data will not 

be comparable and will negatively 

impact the Agency’s ability to reach 

conclusions at the end of the pilot 

program. Second, limiting how 

approved motor carriers may use the 

covered drivers may reduce interest in 

the pilot program and jeopardize the 

Agency’s ability to execute a statistically 

valid pilot program. 

In addition, each of the covered 

drivers will be hired and monitored by 

motor carriers approved by FMCSA in 

accordance with the program 

guidelines. The motor carriers will 

monitor each of the covered drivers just 

as they would all their drivers. FMCSA 

has established an internal process to 

monitor both the carrier and pilot 

program drivers to ensure highway 

safety is maintained. 

Comments: Deborah Lipsitz, Matthew 

Kelpe, AAMVA, the Colorado 

Department of Revenue, IIHS, NPGA, 

the ATA, and TCA expressed concerns 

about various aspects of the study 

protocol, including the group size, 

technology/collection, geographical 

distribution of the covered and control 

groups, critical safety factors, and 

specific requirements for data collection 

parameters. 

FMCSA’s Response: Details of the 

proposed analysis methodologies and 

statistical methods may be found in the 

60-day notice of proposed information 

collection published elsewhere in 

today’s Federal Register. The 

parameters described have been peer 

reviewed and those comments are 

likewise posted in the 60-day notice. 

Age, maturity levels, and experience are 

crucial factors in a driver’s safety 

performance. Trying to compare the 

performance of an 18-, 19-, or 20-yearold to a 21-, 22-, 23- or 24-year-old will 

provide a much more accurate 

comparison than trying to compare an 

18-, 19-, or 20-year-old to someone 30 or 

older. Our control group is similar to an 

insurance age bracket, which tends to 

show an increase in safety after 25 years 

of age. While the data analysis is largely 

dependent upon the type, amount, and 

quality of the data received, the research 

team will conduct as thorough of an 

analysis as possible. 

Comments: The Colorado Department 

of Revenue and OOIDA expressed 

concerns about verification of covered 

drivers by law enforcement during 

inspections. OOIDA recommended that 

some sort of decal or cab card be 

provided to drivers in the study. 

FMCSA’s Response: FMCSA will 

maintain a list of approved motor 

carriers and covered drivers in the 

Query Central system. In addition, the 

covered drivers will be required to carry 

a copy of a letter from FMCSA to the 

approved motor carrier and present the 

letter during inspections or other 

encounters with law enforcement. 

Pilot Program Requirements and 

Procedures 

Information Collection Requirements 

As indicated above, the 60-day notice 

for the ICR associated with this pilot 

program is published separately in 

today’s Federal Register. The ICR 

includes the application and consent 

forms for motor carriers, covered 

drivers, control group drivers, and 

intrastate drivers providing information 

for the pilot program. The ICR also 

explains the Agency’s hypotheses for 

the pilot program, monthly reporting 

requirements, and ICR burdens. 

The ICR has a 60-day comment 

period. After review of comments 

received, FMCSA will make any 

necessary adjustments on the ICR 

documents and will publish a 

subsequent notice advising that the ICR 

has been submitted to the Office of 

Management and Budget (OMB). 

Announcement of Pilot Program Start 

Upon approval of the ICR by OMB, 

FMCSA will publish, on the Agency’s 

website at www.fmcsa.dot.gov, an 

announcement that applications are 

being accepted for participation in the 

pilot program. The website will also 

provide links to the application forms 

and other helpful information for motor 

carriers and military drivers interested 

in participating in the pilot program. 

Motor Carriers 

FMCSA expects to need 70 motor 

carriers to hire at least 200 covered 

drivers and with 200 control group 

drivers and/or 200 intrastate drivers, so 

that the pilot program anticipates the 

results/data will allow for conclusions 

within a confidence level of 0.95 (i.e., 

significance level of 0.05) and statistical 

power of 80 percent. More information 

on the statistical design of the study can 

be found in Federal Docket FMCSA– 

2017–0196. 

When FMCSA announces approval of 

the ICR, interested motor carriers will be 

required to complete the application 

form. To qualify for participation, the 

motor carrier must meet the following 

standards: 

1. Must have proper operating 

authority, if required, and registration; 

2. Must have the minimum levels of 

financial responsibility; 

3. Must not be a high or moderate risk 

motor carrier as defined in the Agency’s 

Federal Register notice titled, 

‘‘Notification of Changes to the 

Definition of a High Risk Motor Carrier 

and Associated Investigation’’ published 

on March 7, 2016 (81 FR 11875); 

4. Must not have a conditional or 

unsatisfactory safety rating; 

5. Must not have any open or closed 

enforcement actions within the past 6 

years; 

6. Must not have a crash rate above 

the national average; 

7. Must not have a driver Out-ofService (OOS) rate above the national 

average; and 

8. Must not have a vehicle OOS rate 

above the national average. 

In addition, unpaid civil penalties 

may be grounds to deny participation in 

the pilot program. 

FMCSA will give priority to 

applications from motor carriers that 

can supply control group drivers in 

numbers matching the number of 

covered drivers to be employed. 

However, FMCSA may include motor 

carriers for participation that can only 

hire covered drivers, control group 

drivers, or intrastate drivers, if needed 

to collect sufficient data for the pilot 

program. 


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1Notification of Changes to the Definition of a 

High Risk Motor Carrier and Associated 

Investigation Procedures (81 FR 11875) published 

March 7, 2016. 

Approval for participation in the pilot 

program will also be dependent on the 

motor carrier’s agreement to comply 

with all pilot program procedures, 

including the monthly submission of 

data. 

Approved motor carriers will be 

provided a letter acknowledging 

FMCSA’s approval, the carrier’s 

acceptance into the pilot program, and 

the company’s exemption to allow 

approved covered drivers to operate in 

interstate commerce. Approved motor 

carriers will be publicly announced on 

the Agency’s website to encourage 

potential covered drivers to apply 

through the identified carriers for 

participation. 

FMCSA will monitor motor carrier 

and driver performance throughout the 

pilot program to ensure safety. Motor 

carriers may be disqualified from the 

pilot program if the: 

1. Carrier does not have proper 

operating authority, if required, and 

registration; 

2. Carrier does not have the minimum 

levels of financial responsibility; 

3. Carrier is prioritized as a high 

risk; 1

4. Carrier is prioritized as a moderate 

risk for 2 consecutive months; 

5. Carrier receives a conditional or 

unsatisfactory safety rating; 

6. Carrier is the subject of an open 

Federal enforcement action pending 

review (e.g., Imminent Hazard, OOS, 

Patterns of Safety Violations). 

Enforcement actions resulting in civil 

penalties will be reviewed on a case-bycase basis. 

7. Carrier has a crash rate above the 

national average for 3 consecutive 

months; 

8. Carrier has a driver OOS rate above 

the national average for 3 consecutive 

months; 

9. Carrier has a vehicle OOS rate 

above the national average for 3 

consecutive months; or 

10. Carrier failed to report monthly 

data as required. 

FMCSA reserves the right to remove 

a carrier from the program at its 

discretion if it is determined there is a 

safety risk. 

As noted in the associated ICR 

documents, approved carriers will be 

required to submit monthly reports of 

data. In addition, motor carriers will be 

required to advise FMCSA if a 

participating driver is involved in a 

crash with injury or fatality; a driver is 

convicted of a major or serious offense 

in accordance with 49 CFR 383.51; a 

participating pilot, control or intra-state 

driver leaves the carrier; or if a 

participating driver fails a drug test. 

If a carrier fails to provide the 

required data on time, this may be 

grounds for removal from the pilot 

program. 

Covered Drivers 

Interested drivers must obtain from 

their commanding officer, or the official 

designee, certification that the applicant 

had formal training and experience in 

the operation of heavy motor vehicles 

while in military service in one of the 

following MOS: 

1. 88M—Motor Transport Operator 

(Army) 

2. 92F—Fueler (Army) 

3. 2T1—Vehicle Operations (Air 

Force) 

4. 2Fo—Fueler (Air Force), 

5. 3E2—Pavement and Construction 

Equipment (Air Force) 

6. E.O.—Equipment Operator (Navy); 

or 

7. 3531—Motor Vehicle Operator 

(Marine Corps). 

A motor carrier may not approve a 

covered driver for participation in the 

pilot program if during the 2-year period 

immediately preceding the date of hire, 

the covered driver: 

1. Had more than one license (except 

for a military license); 

2. Had his or her license suspended, 

revoked, cancelled or disqualified for a 

violation related to 49 CFR 383.51 in the 

home State of record or any State; 

3. Had any conviction for a violation 

of military, State or local law relating to 

motor vehicle traffic control (other than 

parking violation) arising in connection 

with any traffic crash and have no 

record of a crash in which he/she was 

at fault; or 

4. Has been convicted of any 

violations described below in any type 

of motor vehicle. 

Æ Has been under the influence of 

alcohol as prescribed by State law; 

Æ Has been under the influence of a 

controlled substance; 

Æ Had an alcohol concentration of 

0.04 or greater while operating a CMV; 

Æ 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; 

Æ Left the scene of a crash; 

Æ Used the vehicle to commit a 

felony; 

Æ Drove a CMV while his or her CDL 

is revoked, suspended, cancelled; or he 

or she is disqualified from operating a 

CMV; 

Æ Caused a fatality through the 

negligent operation of a CMV (including 

motor vehicle manslaughter, homicide 

by motor vehicle, or negligent 

homicide); 

Æ Had more than one conviction for 

any of the violations described below in 

any type of motor vehicle; 

Æ Drove recklessly, as defined by 

State or local law or regulation 

(including offenses of driving a motor 

vehicle in willful or wanton disregard 

for the safety of persons or property); 

Æ Drove a CMV without obtaining a 

CDL; 

Æ Violated a State or local law or 

ordinance on motor vehicle traffic 

control prohibiting texting while 

driving; or 

Æ Violated a State or local law or 

ordinance on motor vehicle traffic 

control restricting or prohibiting the use 

of a hand held mobile telephone while 

driving. 

If the motor carrier agrees to sponsor/ 

hire the driver, the covered driver must 

also agree to the release of specific 

information to FMCSA for purposes of 

the pilot program, as is noted in the ICR 

notice published in today’s Federal 

Register. 

If at any time while participating in 

this pilot program, a driver is 

disqualified for a major offense, serious 

traffic violations, railroad-highway 

grade crossing, or violation of an out-ofservice order, as outlined in 49 CFR 

383.51 of the FMCSRs, he or she will be 

disqualified/removed from the program. 

Approved covered drivers may not 

transport passengers or hazardous 

materials, or operate double- or tripletrailer combinations or cargo tank 

vehicles while participating in the pilot 

program, regardless of any license 

endorsements held. 

If a driver reaches age 21 during the 

pilot program, the driver will no longer 

be considered a covered driver. 

However, FMCSA expects the motor 

carrier to submit monthly data on the 

driver for the remainder of the pilot 

program to provide additional data for 

consideration. 

If a covered driver leaves the 

approved motor carrier during the pilot 

program, he/she is not approved to 

operate in interstate commerce unless 

re-employed with another approved 

motor carrier participating in the pilot 

program. If a covered driver leaves the 

employment of the approved motor 

carrier, FMCSA must be advised within 

5 days. A new covered driver 

application must be submitted for any 

new/additional hires by the approved 

motor carrier so that FMCSA can verify 

eligibility as part of the Agency’s 

oversight of the pilot program. 


daltland on DSKBBV9HB2PROD with NOTICES
31638 Federal Register / Vol. 83, No. 130 / Friday, July 6, 2018 / Notices 

Control Group 

Control group drivers must be 21 to 

24 years old. These drivers will be 

required to possess a valid CDL; drive 

for the participating motor carrier; have 

no disqualifications, suspensions, or 

license revocations within past 3 years; 

or be subject to any OOS order; and 

agree to the release of specified 

information for use in assessing the 

safety of covered drivers in pilot 

program. 

Intrastate Drivers 

Section 5404 of the FAST Act requires 

FMCSA to compare the covered drivers 

to other 18-, 19-, and 20-year-old drivers 

operating CMVs in intrastate commerce, 

and specifically to analyze crash rates. 

Motor carriers with intrastate drivers 

who are 18, 19 or 20 years old will be 

asked to provide the monthly report 

data on these drivers too, as a condition 

of participating in this pilot program. 

Monitoring and Oversight 

FMCSA will review both monthly 

data submitted by approved motor 

carriers and its own databases 

including, but not limited to, the Motor 

Carrier Management Information 

System, Safety Measurement System, 

Commercial Driver License Information 

System, and the Licensing and 

Insurance system. FMCSA reserves the 

right to remove any motor carrier or 

driver from the pilot program for 

reasons including, but not limited to, 

failing to meet any of the requirements 

of the program. 

Length of Program 

FMCSA expects this program to run 3 

years but may conclude the program 

sooner if there is sufficient data to 

analyze the safety of covered drivers. 

Issued on: June 7, 2018. 

Raymond P. Martinez, 

Administrator. 

[FR Doc. 2018–14025 Filed 7–3–18; 4:15 pm] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF TRANSPORTATION 

[DOT–OST–2018–0070] 

Notice of Solicitation of Nominations 

for Membership for the DOT Advisory 

Committee on Human Trafficking 

AGENCY: Office of the Secretary, U.S. 

Department of Transportation (DOT). 

ACTION: Notice of solicitation of 

nominations for membership. 

SUMMARY: Pursuant to Section 5, 

Establishment of the Department of 

Transportation Advisory Committee on 

Human Trafficking, of the Combating 

Human Trafficking in Commercial 

Vehicles Act, the Secretary of 

Transportation (Secretary) requests 

nominations for membership on an 

advisory committee on human 

trafficking (Committee). 

DATES: Nominations for Committee 

members must be received on or before 

5:00 p.m. ET on August 20, 2018. The 

Agency encourages nominations 

submitted any time before the deadline. 

After that date, the Department will 

continue to accept nominations under 

this notice to fill any vacancies that may 

arise. 

ADDRESSES: Interested candidates may 

submit a completed application by one 

of the following methods: 

• Email: trafficking@dot.gov. Subject 

Line: Nominations for the Advisory 

Committee on Human Trafficking. 

• Mail: Attention: Nominations for 

the Advisory Committee on Human 

Trafficking, Nicole Bambas, Senior 

Advisor, Office of International 

Transportation and Trade, Room W86– 

419, U.S. Department of Transportation, 

1200 New Jersey Ave. SE, Washington, 

DC 20590. Please include name, mailing 

address, and telephone number. 

FOR FURTHER INFORMATION CONTACT: 

Nicole Bambas, Senior Advisor, Office 

of International Transportation and 

Trade, at trafficking@dot.gov or (202) 

366–5058. 

SUPPLEMENTARY INFORMATION: 

I. Who should be considered for 

nomination as Committee members? 

The Department of Transportation 

seeks nominations for members of the 

advisory committee on human 

trafficking. The Secretary of 

Transportation will appoint up to 15 

external stakeholder Committee 

members including representatives 

from—(A) trafficking advocacy 

organizations; (B) law enforcement; and 

(C) trucking, bus, rail, aviation, 

maritime, and port sectors, including 

industry and labor. Committee members 

will be selected with a view towards 

achieving diverse experience and 

background that will enable Committee 

members to provide balanced points of 

view with regard to carrying out the 

duties of the Committee. Committee 

members shall serve for the life of the 

Committee. 

The Committee will provide 

information, advice, and 

recommendations to the U.S. Secretary 

of Transportation on matters relating to 

human trafficking, and develop 

recommended best practices for states 

and state and local transportation 

stakeholders in combating human 

trafficking. The best practices must be 

user-friendly, incorporating the most up 

to date technology, and shall be 

developed based upon multidisciplinary 

research, promising evidence-based 

models and programs. The content for 

the best practices must include sample 

training materials, strategies to identify 

victims, and sample protocols and 

recommendations. The sample protocols 

and recommendations will include: (1) 

Strategies to collect, document, and 

share data across systems and agencies, 

(2) strategies that will help agencies 

better understand the types of 

trafficking involved, the scope of the 

problem, and the degree of victim 

interaction with multiple systems, and 

(3) strategies to identify effective 

pathways for State agencies to utilize 

their position in educating critical 

stakeholder groups and assisting 

victims. 

Registered lobbyists are prohibited 

from serving on Federal advisory 

committees in their individual 

capacities. The prohibition does not 

apply if registered lobbyists are 

specifically appointed to represent the 

interests of a nongovernmental entity, a 

recognizable group of persons or 

nongovernmental entities (an industry 

sector, labor unions, environmental 

groups, etc.) or State or local 

governments. Registered lobbyists are 

lobbyists required to comply with 

provisions contained in the Lobbying 

Disclosure Act of 1995 (Pub. L. 110–81). 

II. Do advisory committee on human 

trafficking members receive 

compensation and/or per diem? 

While attending meetings or when 

otherwise engaged in Committee 

business, Committee members may be 

reimbursed for travel and per diem 

expenses as permitted under applicable 

Federal travel regulations. 

Reimbursement is subject to funding 

availability. Committee members will 

receive no salary or other compensation 

for participation in Committee 

activities. 

III. What is the process for submitting 

nominations? 

Individuals can self-apply or be 

nominated by any individual or 

organization. To be considered for the 

Committee, nominators should submit 

the following information: 

(1) Contact Information for the 

nominee, consisting of: 

a. Name 

b. Title 

c. Organization or Affiliation 

d. Address 

e. City, State, Zip 

f. Telephone number 


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