[Federal Register Volume 87, Number 131 (Monday, July 11, 2022)]
[Notices]
[Pages 41164-41166]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-14626]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2022-0081]


Agency Information Collection Activities; Renewal of an Approved 
Information Collection: Safe Driver Apprenticeship Pilot Program

AGENCY: Federal Motor Carrier Safety Administration (FMCSA), Department 
of Transportation (DOT).

ACTION: Notice and request for comments.

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SUMMARY: In accordance with the Paperwork Reduction Act of 1995, FMCSA 
announces its plan to submit the information collection request (ICR) 
described below to the Office of Management and Budget (OMB) for its 
review and approval and invites public comment. FMCSA requests approval 
to renew the ICR titled ``Safe Driver Apprenticeship Pilot Program.'' 
This ICR was previously approved under emergency procedures on January 
24, 2022 and expires on July 31, 2022. The ICR is necessary for FMCSA 
to conduct a pilot program to determine the safety impacts of allowing 
18- to 20-year-old commercial driver's license (CDL) holders to operate 
commercial motor vehicles (CMVs) in interstate commerce. The ICR will 
cover data collected on drivers and carriers participating in the pilot 
program.

DATES: Please send your comments by August 10, 2022. OMB must receive 
your comments by this date in order to act quickly on the ICR.

ADDRESSES: Written comments and recommendations for the proposed 
information collection should be sent within 30 days of publication of 
this notice to www.reginfo.gov/public/do/PRAMain. Find this particular 
information collection by selecting ``Currently under 30-day Review--
Open for Public Comments'' or by using the search function.

FOR FURTHER INFORMATION CONTACT: Nicole Michel, Office of Analysis, 
Research, and Technology, Research Division, DOT, FMCSA, West Building, 
6th Floor, 1200 New Jersey Avenue SE, Washington, DC 20590-0001. 202-
366-4354; <a href="/cdn-cgi/l/email-protection#8ac4e3e9e5e6efa4e7e3e9e2efe6caeee5fea4ede5fc"><span class="__cf_email__" data-cfemail="2967404a46454c0744404a414c45694d465d074e465f">[email protected]</span></a>. Office hours are from 9 a.m. to 5 
p.m., Monday through Friday, except Federal Holidays.

SUPPLEMENTARY INFORMATION: Background: Current regulations on driver 
qualifications (49 CFR part 391.11(b)(1)) state that a driver must be 
21 years of age or older to operate a CMV in interstate commerce. 
Currently, drivers under the age of 21 may operate CMVs only in 
intrastate commerce subject to State laws and regulations. Section 
23022 of the Infrastructure Investment and Jobs Act (IIJA), requires 
the Secretary of Transportation to conduct a commercial driver 
Apprenticeship Pilot Program. An apprentice is defined as a person 
under the age of 21 who holds a CDL. Under this program, these 
apprentices will complete two probationary periods, during which they 
may operate in interstate commerce only under the supervision of an 
experienced driver in the passenger seat. An experienced

[[Page 41165]]

driver is defined in section 23022 as a driver who is not younger than 
26 years old, who has held a CDL and been employed for at least the 
past 2 years, who has at least 5 years of interstate CMV experience, 
and meets the other safety criteria defined in the IIJA.
    The first probationary period must include at least 120 hours of on 
duty time, of which at least 80 hours are driving time in a CMV. To 
complete this probationary period, the employer must determine 
competency in:
    1. Interstate, city traffic, rural 2-lane, and evening driving;
    2. Safety awareness;
    3. Speed and space management;
    4. Lane control;
    5. Mirror scanning;
    6. Right and left turns; and
    7. Logging and complying with rules relating to hours of service.
    The second probationary period must include at least 280 hours of 
on-duty time, including not less than 160 hours driving time in a CMV. 
To complete this probationary period, the employer must determine 
competency in:
    1. Backing and maneuvering in close quarters;
    2. Pre-trip inspections;
    3. Fueling procedures;
    4. Weighing loads, weight distribution, and sliding tandems;
    5. Coupling and uncoupling procedures; and
    6. Trip planning, truck routes, map reading, navigation, and 
permits.
    After completion of the second probationary period the apprentice 
may begin operating CMVs in interstate commerce unaccompanied by an 
experienced driver.
    In addition to data regarding successful completion of the 
probationary periods, the IIJA requires collection of data relating to 
any incident in which a participating apprentice is involved as well as 
other data relating to the safety of apprentices. Additional data will 
include crash data (incident reports, police reports, insurance 
reports), inspection data, citation data, safety event data (as 
recorded by all safety systems installed on vehicles, to include 
advanced driver assistance systems, automatic emergency braking 
systems, onboard monitoring systems, and required forward-facing and 
in-cab video systems) as well as exposure data (record of duty status 
logs, on-duty time, driving time, and time spent away from home 
terminal). Additionally, carriers will be asked to report any 
additional or remedial training being given to participating drivers. 
This data will be submitted monthly by participating motor carriers. 
The data collected will be used to report on the following items, as 
required by section 23022:
    1. The findings and conclusions on the ability of technologies or 
training provided to apprentices as part of the pilot program to 
successfully improve safety;
    2. An analysis of the safety record of participating apprentices as 
compared to other CMV drivers;
    3. The number of drivers that discontinued participation in the 
apprenticeship program before completion;
    4. A comparison of the safety records of participating drivers 
before, during, and after each probationary period; and
    5. A comparison of each participating driver's average on-duty 
time, driving time, and time spent away from home terminal before, 
during, and after each probationary period.
    FMCSA will monitor the monthly data being reported by the motor 
carriers and will identify drivers or carriers that may pose a risk to 
public safety. While removing unsafe drivers or carriers may bias the 
dataset, it is a necessary feature for FMCSA to comply with Sec.  
381.505, which requires development of a monitoring plan to ensure 
adequate safeguards to protect the health and safety of pilot program 
participants and the general public. Knowing that a driver or carrier 
was removed from the pilot program for safety reasons will help FMCSA 
minimize bias in the final data analysis.
    FMCSA and the Department of Labor's Employment and Training Agency 
(DOL/ETA) will be partnering in the implementation of the Safe Driver 
Apprenticeship Pilot (SDAP) Program. All motor carriers who are 
approved for the program by FMCSA will also be required to become 
Registered Apprenticeships (RAs) under 29 CFR part 29 before they can 
submit information on their experienced drivers and apprentices. The 
information collection burden for the DOL/ETA RA Program can be found 
in approved ICR 1205-0223.
    The statutory mandate for this pilot program is contained in 
section 23022 of the IIJA. FMCSA's regulatory authority for initiation 
of a pilot program is found in 49 CFR 381.400. The SDAP program 
supports the DOT strategic goal of economic strength while maintaining 
DOT and FMCSA's commitment to safety.
    Publication History: On January 7, 2022, FMCSA published a notice 
in the Federal Register seeking public comment on the emergency 
approval of this ICR (87 FR 1001). A total of 144 comments were 
received on that notice; you may find a discussion of these comments in 
the 60-day notice that published in the Federal Register (87 FR 23010).
    On April 18, 2022, FMCSA published a 60-day notice in the Federal 
Register, announcing its intention to request that OMB renew the 
emergency information collection approval for a full 3-years. FMCSA 
received 16 comments in the docket for that notice. Of these, nine were 
comments on the ICR, and seven were misfiled comments on a separate 
notice issued by FMCSA. Of the nine comments on the ICR, four were 
submitted by individuals. The remaining three comments were filed by 
Samsara Inc., the American Trucking Associations (ATA), the Shippers 
Coalition, the American Property Casualty Insurance Association 
(APCIA), and jointly by the Truck Safety Coalition (TSC), Citizens for 
Reliable and Safe Highways (CRASH), and Parents Against Tired Truckers 
(PATT).
    Comment Discussion: The comments received from the Shippers 
Coalition, ATA, Samsara, Inc., and two of the individuals supported the 
SDAP Program generally, and the information collection discussed in the 
60-day notice. One of the individual commenters caveated his support by 
noting that both apprentice and experienced drivers must be thoroughly 
vetted for safety. The other individual questioned why the number of 
apprentice participants is being capped at 3,000. ATA commended FMCSA 
on clarifying the burden estimate and recommended that FMCSA re-
consider other suggestions posed in their prior comment.
    Response: FMCSA appreciates the support and will be ensuring a 
thorough vetting of participating motor carriers, experienced drivers, 
and apprentices. As to the number of participants, the IIJA limits the 
total number of apprentices in the program at any one time to 3000 (see 
IIJA Sec.  23022(b)(4)). Regarding ATA's suggestion on minimizing 
burden for the monthly data collection, FMCSA is committed to working 
with participating carriers to ensure data is collected in a meaningful 
and least-burdensome method.
    The comments submitted by the remaining two individuals focused on 
elements of or questions on the underlying SDAP Program and were not 
specific to the ICR. One of these individuals questioned who will 
insure the ``high risk young drivers.'' The other noted that he does 
not think the SDAP Program will help alleviate a truck driver shortage, 
stating that trucking companies will just mistreat young drivers the 
way they mistreat drivers

[[Page 41166]]

over the age of 21, resulting in more drivers leaving the profession.
    Response: FMCSA is not in a position to answer the question about 
who will insure the apprentice drivers, but notes that any motor 
carrier wishing to participate in the SDAP Program will need to provide 
proof that their apprentice drivers are covered by a valid insurance 
policy, or that the motor carrier is a participant in FMCSA's self-
insurance program. As to the comment regarding mistreatment of 
apprentice drivers, FMCSA notes that the requirements for RA programs 
under DOL regulations provide protection from the type of mistreatment 
the commenter discussed. This is one reason why FMCSA partnered with 
the DOL and is requiring that motor carriers participating in the SDAP 
Program also become Registered Apprenticeship participants.
    APCIA's comment raised questions regarding the data FMCSA will 
collect and the data that FMCSA will use as comparison data. APCIA 
stated that FMCSA ``must show that participating drivers are no more 
likely than the current population of interstate commercial truck 
drivers [to] have highway accidents.'' APCIA also noted that the 
information collected should capture any additional training that 
individual motor carriers may add, on top of those required by the SDAP 
Program, and requested that the final public data set include detailed 
statistical information on the program's safety results, to aid 
insurers in making decisions in the future.
    Response: While the APCIA has provided statistics on crash rates of 
younger drivers, one of the key components of this pilot program is to 
identify how a structured training and probationary period can enhance 
the safety of younger CMV operators, which can only be determined 
through conducting the pilot program. FMCSA agrees that it is important 
to collect information on any remedial or additional training that 
occurs and has included this information in the monthly data collection 
plan. FMCSA will publish all detailed statistics collected during the 
study provided no personally identifiable information is included.
    Finally, TSC, CRASH, and PATT noted their opposition to the SDAP 
Program, and urged that FMCSA immediately terminate it. In the 
alternative, the commenters requested that FMCSA add several 
requirements to the SDAP Program, including: extending requirements for 
the technology that is required to be installed in a CMV past the 
probationary periods to the entirety of the apprenticeship; requiring 
both front- and rear-facing cameras; and requiring all participating 
motor carriers to agree to a compliance review or DOT audit within 18 
months of acceptance into the SDAP Program. Additionally, Samsara, Inc. 
also recommended requiring both forward facing and in-cab camera views.
    Response: FMCSA agrees with and accepts the requirement for both 
forward facing- and rear- (in-cab) facing cameras throughout the 
participation period of apprentices to be able to collect adequate 
safety data. Requiring additional technology, such as speed limiters or 
active braking mitigation devices past the probationary period could be 
prohibitive to smaller carriers wishing to participate, and therefore 
FMCSA has decided not to extend the technology requirements past what 
is in the IIJA. FMCSA will note that the adoption of these technologies 
is steadily increasing, and it is therefore likely that a large 
percentage of apprentices, if not all, will continue to utilize these 
technologies throughout their tenure in the program despite the lack of 
requirement. FMCSA will collect data on a monthly basis regarding which 
technologies are actively employed on the vehicles which apprentices 
are driving. FMCSA requiring a compliance review or DOT audit of up to 
1,000 carriers participating in the program would detract resources 
from carriers who have been flagged for a compliance review or DOT 
audit due to safety-related reasons. This requirement is not feasible 
for FMCSA to implement at this time.
    Title: Safe Driver Apprenticeship Pilot Program.
    OMB Control Number: 2126-0075.
    Type of Request: Renewal of an information collection previously 
approved under emergency authority.
    Respondents: Motor carriers; drivers.
    Estimated Number of Respondents: 14,830 total (1,600 motor carriers 
and 13,230 CMV drivers); 5,410 annually (1,000 carriers and 4,410 CMV 
drivers).
    Estimated Time per Response: Application (motor carrier, apprentice 
driver, and experienced driver): 20 Minutes; safety benchmark 
certifications: 15 Minutes; monthly driving and safety data: 60 
Minutes; miscellaneous data submission: 90 Minutes.
    Expiration Date: July 31, 2022.
    Frequency of Response: Application (motor carrier, apprentice 
driver, and experienced driver): Once; safety benchmark certifications: 
Twice for each apprentice driver; monthly driving and safety data: 
Monthly; miscellaneous data submissions: Monthly.
    Estimated Total Annual Burden: 169,344 hours total, or 56,448 hours 
annually (motor carriers: 164,934 hours total, or 54,978 hours 
annually, which includes a one-time application, two safety benchmark 
certifications for each participating apprentice, and monthly driving 
and safety data on all participating apprentices as well as 
miscellaneous data submissions; drivers: 13,797 hours total, or 4,599 
hours annually which includes a one-time application for experienced 
and apprentice drivers).
    Definitions: N/A.
    Public Comments Invited: You are asked to comment on any aspect of 
this information collection, including: (1) Whether the proposed 
collection is necessary for the performance of FMCSA's functions; (2) 
the accuracy of the estimated burden; (3) ways for FMCSA to enhance the 
quality, usefulness, and clarity of the collected information; and (4) 
ways that the burden could be minimized without reducing the quality of 
the collected information. The Agency will summarize or include your 
comments in the request for OMB's clearance of this ICR.

    Issued under the authority of 49 CFR 1.87.
Thomas P. Keane,
Associate Administrator, Office of Research and Registration.
[FR Doc. 2022-14626 Filed 7-8-22; 8:45 am]
BILLING CODE 4910-EX-P


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