Federal Register / Vol. 87, No. 10 / Friday, January 14, 2022 / Notices 2477 

Section 215(h)(1)(A) of the Banking 

Bill requires that the Commissioner 

shall ‘‘periodically adjust’’ the price 

paid by users. On at least an annual 

basis, SSA will monitor costs incurred 

to provide eCBSV services and will 

revise the tier fee schedule accordingly. 

We will notify PEs of the tier fee 

schedule in effect at the renewal of 

eCBSV user agreements, and via notice 

in the Federal Register. At that time, 

PEs can cancel the agreement or renew 

service according to the new tier fee 

schedule. 

Michelle King, 

Deputy Commissioner, for Budget, Finance, 

and Management. 

[FR Doc. 2022–00638 Filed 1–13–22; 8:45 am] 

BILLING CODE 4191–02–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

[Docket No. FMCSA–2018–0346] 

Safe Driver Apprenticeship 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), Department 

of Transportation (DOT). 

ACTION: Notice and establishment of 

pilot program. 

SUMMARY: On September 10, 2020, 

FMCSA proposed a pilot program to 

allow persons ages 18, 19, and 20 to 

operate commercial motor vehicles 

(CMVs) in interstate commerce. That 

pilot was never implemented. However, 

the Infrastructure Investment and Jobs 

Act (IIJA), which was signed into law on 

November 15, 2021, requires FMCSA to 

establish a pilot program that would 

allow employers to establish an 

apprenticeship program for certain 18-, 

19-, and 20-year-old drivers to operate 

commercial vehicles in interstate 

commerce. This notice addresses the 

comments received on the September 

10, 2020, notice and provides the details 

on the establishment of the Safe Driver 

Apprenticeship Pilot Program required 

by the IIJA. 

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 Dockets Operations, 

(202) 366–9826. 

SUPPLEMENTARY INFORMATION: 

I. Definitions 

For the purposes of the Safe Driver 

Apprenticeship Pilot Program, FMCSA 

is using the following definitions, as 

prescribed in section 23022 of IIJA: 

Apprentice—An individual who is 

under the age of 21 and holds a 

commercial driver’s license (CDL). 

Commercial driver’s license (CDL)—A 

license issued by a State to an 

individual authorizing the individual to 

operate a class of CMV. 

Commercial motor vehicle (CMV)— 

Any self-propelled or towed motor 

vehicle used on a highway in interstate 

commerce to transport passengers or 

property when the vehicle—(1) has a 

gross vehicle weight rating or gross 

combination weight rating, or gross 

vehicle weight or gross combination 

weight, of 4,536 kg (10,001 pounds) or 

more, whichever is greater; or (2) is 

designed or used to transport more than 

8 passengers (including the driver) for 

compensation; or (3) is designed or used 

to transport more than 15 passengers, 

including the driver, and is not used to 

transport passengers for compensation; 

or (4) is used in transporting material 

found by the Secretary of Transportation 

(the Secretary) to be hazardous under 49 

U.S.C. 5103 and transported in a 

quantity requiring placarding under 

regulations prescribed by the Secretary 

under 49 CFR, subtitle B, chapter I, 

subchapter C. 

Driving time—All time spent at the 

driving controls of a CMV in operation. 

Experienced driver—An individual 

who 

1. Is not younger than 26 years of age; 

2. Has held a commercial driver’s 

license for the 2-year period ending on 

the date on which the individual serves 

as an experienced driver; 

3. During the 2-year period ending on 

the date on which the individual serves 

as an experienced driver, has had no 

i. preventable accidents reportable to 

the Department; or 

ii. pointed moving violations; and 

4. Has a minimum of 5 years of 

experience driving a CMV in interstate 

commerce. 

On-duty time—All time from the time 

a driver begins to work or is required to 

be in readiness to work until the time 

the driver is relieved from work and all 

responsibility for performing work. Onduty time shall include: 

1. All time at a plant, terminal, 

facility, or other property of a motor 

carrier or shipper, or on any public 

property, waiting to be dispatched, 

unless the driver has been relieved from 

duty by the motor carrier; 

2. All time inspecting, servicing, or 

conditioning any CMV at any time; 

3. All driving time as defined in the 

term driving time; 

4. All time in or on a CMV, other 

than: 

i. Time spent resting in or on a parked 

vehicle, except as otherwise provided in 

§ 397.5; 

ii. Time spent resting in a sleeper 

berth; or 

iii. Up to 3 hours riding in the 

passenger seat of a property-carrying 

vehicle moving on the highway 

immediately before or after a period of 

at least 7 consecutive hours in the 

sleeper berth; 

5. All time loading or unloading a 

CMV, supervising, or assisting in the 

loading or unloading, attending a CMV 

being loaded or unloaded, remaining in 

readiness to operate the CMV, or in 

giving or receiving receipts for 

shipments loaded or unloaded; 

6. All time repairing, obtaining 

assistance, or remaining in attendance 

upon a disabled CMV; 

7. All time spent providing a breath 

sample or urine specimen, including 

travel time to and from the collection 

site, to comply with the random, 

reasonable suspicion, post-crash, or 

follow-up testing required by part 382 

when directed by a motor carrier; 

8. Performing any other work in the 

capacity, employ, or service of, a motor 

carrier; and 

9. Performing any compensated work 

for a person who is not a motor carrier. 

Pointed moving violation—A 

violation that results in points being 

added to the license of a driver, or a 

similar comparable violation, as 

determined by the Secretary. 

II. Legal Basis 

Subject to limited exceptions for farm 

vehicle drivers of articulated CMVs (49 

CFR 391.67) and private (non-business) 

motor carriers of passengers (49 CFR 

391.68), drivers of CMVs engaged in 

interstate commerce must be at least 21 

years of age, whether or not operation of 

the CMV requires a CDL (49 CFR 

391.11(b)(1)). 

Under 49 U.S.C. 31315 and 31136(e), 

the Secretary has authority to grant 

waivers and exemptions from the 

Federal Motor Carrier Safety 

Regulations (FMCSRs) and to conduct 

pilot programs in which one or more 

exemptions are granted to allow for the 

testing of innovative alternatives to 

certain FMCSRs. 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 


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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 a 

pilot program is 3 years. The regulatory 

standards for pilot programs are 

codified at 49 CFR part 381, subparts D 

and E. 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 23022 of IIJA requires that the 

Secretary establish a pilot program 

allowing employers to establish 

apprenticeship programs that would 

enable 18-, 19-, and 20-year-old drivers 

with CDLs to operate a CMV in 

interstate commerce. Under this same 

section, the Secretary must establish the 

pilot program not later than 60 days 

after the date of enactment of IIJA. 

III. Discussion 

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. 

On September 10, 2020, FMCSA 

published a Federal Register notice 

proposing the requirements of a younger 

driver pilot program, including the 

exemptions being considered, and 

provided the public the opportunity to 

comment. The exemptions identified in 

that notice were relief from the effect of 

the intrastate only (or ‘‘K’’) restriction 

that would appear on a CDL under 49 

CFR 383.153(a)(10)(vii) and an 

exemption from the requirement that a 

CMV driver operating in interstate 

commerce be at least 21 years of age 

under 49 CFR 391.11(b)(1). On 

November 15, 2021, IIJA, commonly 

referred to as the Bipartisan 

Infrastructure Law (BIL), was signed 

into law. Section 23022 of the BIL 

requires FMCSA to establish a pilot 

program that would allow motor carriers 

to begin an apprenticeship program as 

outlined in the BIL. The apprenticeship 

program must consist of two 

probationary periods, one for 120 hours 

and the other for 280 hours, each of 

which includes minimum hours of 

driving time with an experienced driver 

and performance benchmarks. In 

addition, the CMVs to be operated 

during the pilot program must be 

equipped with specific vehicle safety 

technologies. Additional requirements 

can be found later in this notice. 

The pilot program proposed in the 

September 2020 Federal Register notice 

and the apprenticeship pilot program 

required under section 23022 of the BIL 

are substantially the same. Both call for 

two probationary periods, one for 120 

hours and the other for 280 hours, and 

specific vehicle safety technologies. 

Additionally, the exemptions required 

for this pilot program are the same as 

those identified in the September 2020 

notice. Because of the similarity 

between the pilot program proposed in 

September of 2020 and the requirements 

for the pilot program mandated by 

section 23022 of the BIL, FMCSA has 

determined that the September 2020 

notice, and the comments received 

thereon, can satisfy the notice and 

comment requirement from 49 CFR 

381.500(d). FMCSA summarizes the 

comments received on the September 

2020 notice below. 

IV. Discussion of Comments 

In the September 10, 2020, Federal 

Register notice, FMCSA outlined its 

proposed pilot program and requested 

comments on any additional safeguards, 

the ability to obtain enough drivers, the 

vehicle technology requirements, limits 

to the distance apprentices can operate, 

data collection burdens, and limits on 

driver participation that FMCSA should 

consider in developing the pilot 

program requirements. 

FMCSA received 201 comments to the 

docket, of which 10 were duplicate 

submissions. Of the 191 distinct 

submissions, 127 commenters favored 

the proposal, while 50 opposed it. 

Twenty members of Congress submitted 

a letter to the docket supporting the 

program. Other commenters remained 

neutral, offered conditional support, 

provided responses to the questions 

posed in the notice, or offered other 

suggestions. More than 139 individuals 

and 62 organizations commented. 

The organizations that favored the 

pilot program included the American 

Trucking Associations, Commercial 

Vehicle Training Association, 

International Foodservice Distributors 

Association, National Association of 

Chemical Distributors, National Grocer 

Association, National Retail Federation, 

the Port Authority of New York and 

New Jersey, and the Truckload Carriers 

Association. In addition, numerous 

private citizens, motor carriers, training 

schools, State trucking associations, 

State Drivers Licensing Agencies, and 

other professional trade associations 

offered full or conditional support for 

the initiation of the younger driver pilot 

program proposed in the September 

2020 Federal Register notice. 

Commenters including the American 

Association of Motor Vehicle 

Administrators, Commercial Vehicle 

Safety Alliance, Insurance Institute for 

Highway Safety, and several motor 

carriers, private citizens, and other 

professional trade associations asked for 

clarification, provided data, and offered 

recommendations. 

Those opposing the initiation of the 

younger driver pilot program included 

Advocates for Highway and Auto Safety, 

Citizens for Reliable and Safe Highways, 

the National Safety Council, National 

Transportation Safety Board, the OwnerOperator Independent Drivers 

Association, Parents Against Tired 

Truckers, and the Truck Safety 

Coalition. These opponents focused on 

safety, noting that younger drivers are 

more distracted and have higher rates of 

crashes, and cited the Centers for 

Disease Control and Prevention, which 

says that teenagers are unable to 

correctly analyze dangerous situations. 

In addition, opponents also 

mentioned that the driver age should be 

raised to 25 years old and that younger 

drivers will not be able to handle 

differing conditions that exist across the 

country, such as weather, terrain, and 

varying laws. 

Public Comments on 2020 Notice 

The 2020 Federal Register notice 

asked several questions related to the 

additional safeguards, the ability to 

obtain enough drivers, the vehicle 

technology requirements, limits to the 

distance apprentices may operate, data 

collection burdens, and limits on driver 

participation. 

Additional safeguards. FMCSA asked 

the public whether it should consider 

any additional safeguards to ensure that 

the pilot program provides an 

equivalent level of safety to the 

regulations without the age exemption. 

Most commenters that provided 

feedback on the question felt that no 

additional safeguards would be needed. 

The commenters that recommended 

specific safeguards cited behavior tests, 

pre-program Commercial Learner’s 

Permit (CLP) skills test, added training 

hours, recording devices, and additional 

insurance. Section 23022 of the BIL 

establishes detailed safeguards that 

should be included as part of the pilot 

program for driver apprentices, some of 

which were suggested by commenters 

(such as recording devices), and as such 

FMCSA is adopting these as part of the 

Safe Driver Apprenticeship Pilot 

Program. 

Control group drivers. FMCSA asked 

the public if carriers would be able to 

obtain enough drivers to serve in the 

control group. The commenters that 


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provided feedback on the question 

believed that carriers should be able to 

obtain enough drivers for the control 

group. Some commenters did mention 

that small carriers may find it difficult 

to find control group drivers. FMCSA 

has decided to not collect data on a 

specific control grop and will instead 

utilize comparison data on current CMV 

drivers, including both intrastate and 

interstate. 

Vehicle technology requirements. 

FMCSA asked whether the technology 

requirements proposed for the pilot 

program would limit participation by 

smaller companies. The majority of 

commenters that provided feedback did 

believe that the technology 

requirements may limit smaller motor 

carriers from participating in the pilot 

program. One commenter felt that 

although the technology requirements 

may be costly initially, as technology 

becomes more available the costs will go 

down over time. FMCSA acknowledges 

that the requirements may limit smaller 

company participation, but as they are 

now required by section 23022 of the 

BIL, they must be included. FMCSA 

will take this fact into consideration 

when it analyzes the data and completes 

its final report on the pilot. 

Distance limits. FMCSA asked 

whether it should limit the distance that 

pilot program participants be allowed to 

operate. The majority of commenters 

that provided feedback on the question 

did not believe that the FMCSA should 

limit the distance a pilot program 

participant can operate. One commenter 

felt that a distance restriction would 

defeat the purpose of the pilot and 

would not allow for a true comparison 

in the data for the program. Section 

23022 does not include limitations on 

the distance an apprentice can travel. 

FMCSA has determined that it will not 

add such limitations to the pilot 

program for the same reasons identified 

by the majority of the commenters. 

Data collection efforts. FMCSA asked 

if the data collection efforts proposed 

would be so burdensome for carriers as 

to discourage their participation. The 

commenters that responded to this 

question were split on whether the data 

collection efforts would be burdensome. 

Some felt that although the data 

collection is burdensome, it would be 

manageable and that most carriers have 

basic systems in place that would help 

with the data collection. FMCSA is 

aware of the information collection 

burden this pilot program creates (see 

discussion below), but determined that 

the reporting is necessary to inform the 

final report on the pilot program. 

Participation limits. FMCSA asked 

whether it should limit participation to 

drivers who have not been involved in 

a preventable crash. The commenters 

that responded to this question were 

split on this question. Those that felt 

FMCSA should not limit participation 

agreed that the limit would improve the 

safety of the program but would skew 

the data. FMCSA will review the 

records of proposed apprentice drivers 

to ensure they do not present a safety 

risk as outlined below in the pilot 

program requirements section. FMCSA 

will account for any resulting skew in 

the data collected. 

V. Pilot Program Requirements and 

Procedures 

Information Collection Approval 

On January 7, 2022, and in 

accordance with the Paperwork 

Reduction Act (PRA) of 1995, FMCSA 

requested the Office of Management and 

Budget (OMB) grant emergency 

clearance for the new information 

collection titled, ‘‘Safe Driver 

Apprenticeship Pilot Program.’’ (87 FR 

1001). That notice summarized the 

expected data collection burdens on 

participants in the pilot program. Once 

emergency approval is granted, FMCSA 

will seek OMB approval for the full 3- 

year period using the usual PRA 

approval process, which will allow for 

both a 60-day and a 30-day comment 

period for the public. 

Announcement of Safe Driver 

Apprenticeship Pilot Program 

Once implemented, 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 

drivers interested in participating in the 

pilot program. 

Motor Carriers Needed 

Section 23022 of BIL requires that no 

more than 3,000 apprentices will 

participate in the Safe Driver 

Apprenticeship Pilot Program at any 

one time. For the purposes of 

determining paperwork burden 

estimates, FMCSA assumed a maximum 

of 1,000 participating motor carriers that 

would hire at least 3,000 apprenticeship 

pilot program participants. FMCSA 

recognizes additional apprentices will 

be needed to account for turnover due 

to drivers choosing to leave the 

program, drivers not progressing 

through the probationary periods, and 

drivers aging out of the program. The 

length of time during which 

replacement apprentices will be added 

will be determined by FMCSA based on 

the statistical and administrative needs 

of the pilot program data collection 

plan. 

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. 

Motor Carrier Requirements 

Motor carriers that would like to 

participate in the Safe Driver 

Apprenticeship Pilot Program must 

complete an application for 

participation (see additional details 

below) and submit monthly data on an 

apprentice’s 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 will be 

required to notify FMCSA within 24 

hours of: (1) Any injury or fatal crash 

involving an apprentice; (2) an 

apprentice receiving an alcohol-related 

citation in any vehicle (e.g., driving 

under the influence or driving while 

intoxicated); (3) an apprentice choosing 

to leave the pilot program; (4) an 

apprentice leaving the carrier; or (5) an 

apprentice failing a random or postcrash drug/alcohol test. 

In addition to meeting the the 

requirements established in section 

23022 of BIL for an apprenticeship pilot 

program, carriers must register an 

apprenticeship program with the U.S. 

Department of Labor (DOL). While it is 

not a requirement that carriers become 

a registered apprenticeship program 

prior to applying to FMCSA’s pilot 

program, FMCSA notes that interested 

carriers may want to work with DOL 

while FMCSA is finalizing its program 

and before the application period for 

FMCSA’s pilot program is opened. 

Additionally, carriers will need to verify 

that proposed apprentices meet all other 

requirements to participate. 

Approved carriers will be publicly 

announced on the Agency’s website to 

encourage potential apprentices to 

apply for employment directly with the 

identified carriers. Approved carriers 

will be able to assist apprentices (whom 

they employ) with completion of their 

application and participation 

agreement. 

Approved motor carriers must ensure 

that they hire apprentices that meet the 

requirements in the ‘‘Apprentices’’ 

portion of this Federal Register notice. 

If at any time while participating in the 

pilot program, an apprentice is 


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disqualified for a major offense, serious 

traffic violation, railroad-highway grade 

crossing violation, or violation of an 

out-of-service order, as outlined in 49 

CFR 383.51 of the FMCSRs, the 

employer must immediately notify 

FMCSA and remove the apprentice from 

the program. 

Before an approved motor carrier can 

allow an apprentice to operate under the 

Safe Driver Apprenticeship Pilot 

Program, FMCSA will review the 

driver’s safety performance history 

against its systems and will issue an 

exemption for each driver. The 

exemption allows the driver to operate 

in interstate commerce while 

participating in the pilot program 

despite being under 21 and having a 

‘‘K’’ restriction on their CDL. An 

apprentice may not operate in interstate 

commerce without the exemption 

notice. 

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. 

Motor Carrier Qualifications 

When FMCSA announces the 

implementation of the Safe Driver 

Apprenticeship Pilot Program, 

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 at least the minimum 

levels of financial responsibility 

required by the FMCSRs; 

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 

enforcement actions (e.g., Imminent 

Hazard, Operations Out-of-Service 

(OOS) Orders, Patterns of Safety 

Violations) in the previous 6 years; 

6. Must not have a crash rate above 

the national average; 

7. Must not have a driver OOS rate 

above the national average; and 

8. Must not have a vehicle OOS rate 

above the national average. 

Enforcement actions resulting in civil 

penalties will be reviewed on a case-bycase basis. In addition, unpaid civil 

penalties may be grounds to deny 

participation in the pilot program. 

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 apprentices to operate in 

interstate commerce. Approved motor 

carriers will be publicly announced on 

the Agency’s website to encourage 

potential apprentices 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 at any time if the: 

1. Carrier does not maintain proper 

operating authority, if required, and 

registration; 

2. Carrier does not maintain the 

required minimum levels of financial 

responsibility; 

3. Carrier is prioritized as a high risk; 

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, 

Operations OOS Orders, Patterns of 

Safety Violations). Enforcement actions 

resulting in civil penalties will be 

reviewed on a case-by-case basis. 

7. For the last full calendar year, 

carrier has a crash rate (per million 

vehicle miles traveled) above the 

national average; 

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. 

Establishment of Apprenticeship 

Program 

As required by section 23022 of IIJA 

and as a condition of participating in 

the Safe Driver Apprenticeship Pilot 

Program, approved motor carriers must 

also establish an apprenticeship 

program. The apprenticeship program 

must consist of a 120-hour probationary 

period and a 280-hour probationary 

period for apprentice drivers. Nothing 

in this notice prevents an employer 

from imposing additional requirements 

on an apprentice. 

120-Hour Probationary Period 

During the 120-hour probationary 

period, the employing motor carrier 

must ensure the apprentice: 

1. Completes 120 hours of on-duty 

time, of which not less than 80 hours 

shall be driving time in a CMV; and 

2. 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. 

280-Hour Probationary Period 

After the 120-hour probationary 

period, the motor carrier must ensure 

the apprentice completes a 280-hour 

probationary period. The employing 

motor carrier must ensure the 

apprentice: 

1. Completes 280 hours of on-duty 

time, of which not less than 160 hours 

shall be driving time in a CMV; and 

2. 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. 

CMV Technologies 

During both the 120-hour 

probationary period and the 280-hour 

probationary period, the employing 

motor carrier must ensure the 

apprentice only drives a CMV that has 

an automatic manual or automatic 

transmission; an active braking collision 

mitigation system; a forward-facing 

video event capture system; and a 

governed speed of 65 miles per hour at 

the pedal and under adaptive cruise 

control. In addition, the apprentice must 

be accompanied in the passenger seat of 

the CMV by an experienced driver. 

Nothing in the notice prevents an 

employer from requiring or installing 

additional technologies in a CMV. 

Records Retention 

The employing motor carrier must 

maintain records relating to the 

satisfaction of the performance 

benchmarks for each apprentice that is 

in the Safe Driver Apprenticeship Pilot 

Program. 


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Apprentice Prohibitions 

The employing motor carrier must 

ensure that the apprentice does not 

transport passengers or hazardous 

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

vehicles while participating in the Safe 

Driver Apprenticeship Pilot Program, 

regardless of any license endorsements 

held. 

Reportable Incidents 

As outlined in section 23022 of BIL, 

the employing motor carrier must 

ensure that, if an apprentice is involved 

in a reportable, preventable crash or 

receives a pointed moving violation 

while driving a CMV, the apprentice 

will undergo remediation and 

additional training until the apprentice 

can demonstrate, to the satisfaction of 

the motor carrier, competence in each of 

the performance benchmarks. The 

extent of remediation and additional 

training will be left to the discretion of 

the employing motor carrier. FMCSA 

will clarify the standards for 

remediation and additional training on 

its website once the Agency begins 

accepting applications for the pilot 

program. 

Registering an Apprenticeship Program 

With the DOL 

Employing motor carriers that are 

approved to participate in the Safe 

Driver Apprenticeship Pilot Program 

must also register an apprenticeship 

program with the DOL, in accordance 

with the regulations found at 29 CFR 

part 29. If an employing motor carrier 

already has a registered apprenticeship 

program with the DOL, the motor carrier 

must ensure it meets the requirements 

for the Safe Driver Apprenticeship Pilot 

Program and maintains requirements for 

DOL’s Registered Apprenticeship 

Program. 

Apprentice Requirements 

Drivers of 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 

commercial CLP or CDL holder may 

drive in intrastate commerce only. 

An apprentice that participates in the 

Safe Driver Apprenticeship Pilot 

Program will be provided relief from 

sections of 49 CFR parts 383 and 391 

concerning minimum age requirements. 

Specifically, FMCSA will provide relief 

from the effect of the intrastate only (or 

‘‘K’’) restriction that appears on a CDL 

in accordance with § 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. 

An apprentice may drive a CMV in 

interstate commerce while participating 

in the 120-hour probationary period or 

the 280-hour probationary period under 

the Safe Driver Apprenticeship Pilot 

Program so long as an experienced 

driver accompanies them in the 

passenger seat of the CMV. 

An apprentice may drive a CMV in 

interstate commerce after the apprentice 

completes the 120-hour probationary 

period and the 280-hour probationary 

period; however, the apprentice is still 

considered to be participating in the 

Safe Driver Apprenticeship Pilot 

Program, and their safety performance 

must continue to be monitored by the 

employing motor carrier, including 

monthly safety performance reports 

filed with FMCSA, until the driver 

reaches the age of 21. 

An apprentice may not participate in 

the Safe Driver Apprenticeship Pilot 

Program if during the 2-year period 

immediately preceding the date of hire, 

the 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 

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. Had been convicted of any 

violations described below in any type 

of motor vehicle: 

a. Had been under the influence of 

alcohol as prescribed by State law; 

b. Had been under the influence of a 

controlled substance; 

c. Had an alcohol concentration of 

0.04 or greater while operating a CMV; 

d. 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; 

e. Left the scene of a crash; 

f. Used the vehicle to commit a 

felony; 

g. Drove a CMV while his or her CDL 

is revoked, suspended, cancelled; or he 

or she is disqualified from operating a 

CMV; 

h. Caused a fatality through the 

negligent operation of a CMV (including 

motor vehicle manslaughter, homicide 

by motor vehicle, or negligent 

homicide); 

i. Had more than one conviction for 

any of the violations described below in 

any type of motor vehicle; 

—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); 

—Drove a CMV without the required 

CDL; 

—Violated a State or local law or 

ordinance on motor vehicle traffic 

control prohibiting texting while 

driving; or 

—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. 

The apprentice must also agree to the 

release of specific information by their 

employing motor carrier, 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). 

If at any time while participating in 

this pilot program, an apprentice is 

disqualified for a major offense, serious 

traffic violations, railroad-highway 

grade crossing violation, or violation of 

an out-of-service order, as outlined in 49 

CFR 383.51 of the FMCSRs, he or she 

will be disqualified and removed from 

the program. 

An apprentice may not transport 

passengers or hazardous materials, or 

operate double- or triple-trailer 

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 an apprentice. If an 

apprentice leaves an approved motor 

carrier during the pilot program, he or 

she is not approved to operate in 

interstate commerce unless re-employed 

with another approved motor carrier 

participating in the pilot program. A 

new apprentice application must be 

submitted for any new or additional 

hires by the approved motor carrier so 

that FMCSA can verify eligibility as part 

of the Agency’s oversight of the pilot 

program. 

Other Requirements and Information 

FMCSA will 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. 

Comparison Groups 

FMCSA will compare the safety 

performance data of 18-, 19-, and 20- 

year-old intrastate drivers to known 

safety performance of intrastate drivers 


lotter on DSK11XQN23PROD with NOTICES1
2482 Federal Register / Vol. 87, No. 10 / Friday, January 14, 2022 / Notices 

and interstate drivers. FMCSA will use 

existing data from FMCSA systems to 

compare current safety and performance 

of CMV operators to the safety and 

performance of apprentices 

participating in the pilot program. 

Additionally, FMCSA will analyze the 

performance of apprentices before, 

during, and after their probationary 

periods. 

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, 

CDL 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. 

Length and Termination of Pilot 

Program 

Under 49 CFR part 381, FMCSA can 

continue the pilot program for up to 3 

years, but may conclude the program 

sooner if there is sufficient data to 

analyze the safety of the pilot program 

drivers or if there is reason to believe 

the program is not achieving an 

equivalent level of safety that would be 

achieved by complying with the 

regulations. Additionally, the BIL 

requires that on the date that is 3 years 

after the date of establishment of the 

pilot program, FMCSA will terminate 

the program. At that time, any driver 

under the age of 21 who has completed 

an apprenticeship program may 

continue to drive a CMV in interstate 

commerce until turning 21, unless it is 

determined a safety concern exists. 

Meera Joshi, 

Deputy Administrator. 

[FR Doc. 2022–00733 Filed 1–13–22; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF TRANSPORTATION 

Federal Railroad Administration 

[Docket No. FRA–2022–0002–N–1] 

Proposed Agency Information 

Collection Activities; Comment 

Request 

AGENCY: Federal Railroad 

Administration (FRA), Department of 

Transportation (DOT). 

ACTION: Notice of information collection; 

request for comment. 

SUMMARY: Under the Paperwork 

Reduction Act of 1995 (PRA) and its 

implementing regulations, FRA seeks 

approval of the Information Collection 

Request (ICR) abstracted below. Before 

submitting this ICR to the Office of 

Management and Budget (OMB) for 

approval, FRA is soliciting public 

comment on specific aspects of the 

activities identified in the ICR. 

DATES: Interested persons are invited to 

submit comments on or before March 

15, 2022. 

ADDRESSES: Written comments and 

recommendations for the proposed ICR 

should be submitted on regulations.gov 

to the docket, Docket No. FRA–2022– 

0002. All comments received will be 

posted without change to the docket, 

including any personal information 

provided. Please refer to the assigned 

OMB control number in any 

correspondence submitted. FRA will 

summarize comments received in 

response to this notice in a subsequent 

notice and include them in its 

information collection submission to 

OMB for approval. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Hodan Wells, Information Collection 

Clearance Officer, at email: 

hodan.wells@dot.gov or telephone: (202) 

493–0440. 

SUPPLEMENTARY INFORMATION: The PRA, 

44 U.S.C. 3501–3520, and its 

implementing regulations, 5 CFR part 

1320, require Federal agencies to 

provide 60-days’ notice to the public to 

allow comment on information 

collection activities before seeking OMB 

approval of the activities. See 44 U.S.C. 

3506, 3507; 5 CFR 1320.8 through 

1320.12. Specifically, FRA invites 

interested parties to comment on the 

following ICR regarding: (1) Whether the 

information collection activities are 

necessary for FRA to properly execute 

its functions, including whether the 

activities will have practical utility; (2) 

the accuracy of FRA’s estimates of the 

burden of the information collection 

activities, including the validity of the 

methodology and assumptions used to 

determine the estimates; (3) ways for 

FRA to enhance the quality, utility, and 

clarity of the information being 

collected; and (4) ways for FRA to 

minimize the burden of information 

collection activities on the public, 

including the use of automated 

collection techniques or other forms of 

information technology. See 44 U.S.C. 

3506(c)(2)(A); 5 CFR 1320.8(d)(1). 

FRA believes that soliciting public 

comment may reduce the administrative 

and paperwork burdens associated with 

the collection of information that 

Federal regulations mandate. In 

summary, FRA reasons that comments 

received will advance three objectives: 

(1) Reduce reporting burdens; (2) 

organize information collection 

requirements in a ‘‘user-friendly’’ format 

to improve the use of such information; 

and (3) accurately assess the resources 

expended to retrieve and produce 

information requested. See 44 U.S.C. 

3501. 

The summaries below describe the 

ICRs that FRA will submit for OMB 

clearance as the PRA requires: 

Title: Locomotive Certification (Noise 

Compliance Regulations). 

OMB Control Number: 2130–0527. 

Abstract: Under authority granted by 

the Noise Control Act of 1972, the 

Environmental Protection Agency (EPA) 

has established limits for noise 

emissions related to rail carriers in 40 

CFR part 201. Those limits are enforced 

by FRA under 49 CFR part 210. In 

particular, the information FRA collects 

under § 210.27 is necessary to ensure 

compliance with EPA noise standards 

for new locomotives. Although railroads 

no longer need to display a certification 

badge or tag in the locomotive cab, as 

was previously required by nowremoved § 210.27(d), the locomotives 

still need to be tested and certified to 

comply with the noise emission 

standards, as required under 

§ 210.27(a)–(c). 

Type of Request: Extension without 

change (with changes in estimates) of a 

currently approved collection. 

Affected Public: Businesses. 

Form(s): N/A. 

Respondent Universe: 4 locomotive 

manufacturers. 

Frequency of Submission: On 

occasion. 

Reporting Burden: 


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