Federal Register / Vol. 66, No. 34 / Tuesday, February 20, 2001 / Notices 10935

transportation infrastructure system that

would help alleviate future traffic

congestion and accommodate the need

for mobility, access, goods movement,

and future traffic demands on the

interstate Route (I–5) freeway and the

arterial network in the southern Orange

County area.

Alternatives under consideration

include (1, 2, and 3) three southerly toll

road extension alignments, including

several variations thereof, from the

existing terminus of the Foothill

Transportation Corridor–North, State

Route 241 (SR–241), at Oso Parkway; to

the I–5 freeway near the Orange County/

San Diego County line; (4)

improvements to the local arterial

system; (5) lane additions on I–5 in each

direction between the I–5/I–405

confluence to Christianitos Road; and

(6) no action. Note: As required by the

National Environmental Policy Act

(NEPA), all other reasonable alternatives

will be considered. These alternatives

may be refined, combined with various

different alternative elements, or be

removed from further consideration, as

more analysis is conducted on the

project alternatives.

In November of 1985, Orange County

began consultation with State and local

agencies for the southern segment of

SR–241, identified as beginning just

south of the Oso Parkway interchange

and extending southerly to a connection

with the I–5 freeway. The TCA has

continued these consultations and held

a scoping meeting for state and federal

agencies regarding the proposed route.

These consultations identified areas of

special concern along the proposed

route, including new highway and

arterial roadway improvements and

updates to portions of the baseline

information, which were the focus of

locally initiated EIR studies. FHWA

believes that this early and continued

consultation has been extensive and

consistent with 40 CFR 1501.7.

However, in order to inform potentially

affected agencies and the general public

of FHWA involvement, and to gather

further comments regarding the new

alternatives for study, three public

scoping meetings will be held. The

public scoping meetings will be held

during the month of March 2001 with

two meetings in south Orange County

and one in north San Diego County.

Public notice will be given of the time

and place of the meetings.

To ensure that the full range of issues

related to the proposed routes are

addressed and all significant issues

identified, comments and suggestions

are invited from all interested parties.

Comments or questions concerning this

proposed action and the EIS should be

directed to the FHWA at the address

provided above.

(Catalog of Federal Assistance Program

Number 20.205, Highway Planning, and

Construction. The regulations implementing

Executive Order 12372 regarding

intergovernmental consultation on Federal

programs and activities apply to this

program)

Issued on: February 9, 2001.

Jeffrey W. Kolb,

Team Leader, Program Delivery Team–South,

Sacramento, California.

[FR Doc. 01–4064 Filed 2–16–01; 8:45 am]

BILLING CODE 4910–22–M

DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety

Administration

[FMCSA Docket No. FMCSA–2000–8410]

Younger Commercial Driver Pilot

Training Program

AGENCY: Federal Motor Carrier Safety

Administration (FMCSA), DOT.

ACTION: Notice of receipt of proposal to

initiate a pilot program; request for

comments.

SUMMARY: The FMCSA announces it has

received a proposal to initiate a pilot

program to allow carefully selected,

screened, trained and monitored

individuals between the ages of 18 and

21 to work in truck driver jobs in

interstate commerce. The FMCSA

received the proposal from the

Truckload Carriers Association (TCA)

for approval of a pilot program that

would include providing each

participant with an exemption under 49

CFR part 381. The proposal is available

in the public docket. Under current

regulations, a driver must be at least 21

years of age to operate a commercial

motor vehicle (CMV). We request

comments on TCA’s proposed pilot

program as part of our review process.

DATES: We must receive your comments

by May 21, 2001. We will consider

comments received after the comment

closing date to the extent practicable.

ADDRESSES: You can mail, fax, hand

deliver or electronically submit written

comments to the Docket Management

Facility, U.S. Department of

Transportation, Dockets Management

Facility, Room PL–401, 400 Seventh

Street SW., Washington, DC 20590–0001

FAX (202) 493–2251, on-line at http://

dmses.dot.gov/submit. Comments

submitted on the web site may be typed

on-line or submitted as an attached file

in one of the following acceptable

formats: (1) American Standard Code

Information Interchange (ASCII)(TXT);

(2) MS Word for Mac (Versions 6 to 8);

(4) Portable Document Format (PDF); (5)

Tag Image File Format (TIF); (6) Rich

Text File (RTF); or (7) Word Perfect

(WPD) (Versions 7 and 8). You must

include the docket number that appears

in the heading of this document in your

comment. You can examine and copy

all comments at the above address from

9 a.m. to 5 p.m., e.t., Monday through

Friday, except Federal holidays. If you

want notification of receipt of

comments, please include a selfaddressed, stamped envelope or

postcard or include a copy of the

acknowledgment page that appears after

you submit comments electronically.

FOR FURTHER INFORMATION CONTACT: Ms.

Angeli Sebastian, Office of Bus and

Truck Standards and Operations, (202)

366–4001, or Ms. Elaine Walls, Office of

the Chief Counsel, (202) 366–1394,

Federal Motor Carrier Safety

Administration, 400 Seventh Street,

SW., Washington, DC 20590. Our office

hours are from 7:45 a.m. to 4:15 p.m.,

e.t., Monday through Friday, except

Federal holidays.

SUPPLEMENTARY INFORMATION:

Background

Under longstanding Federal safety

regulations (49 CFR 391.11(b)(1)), the

minimum qualifications for a person to

drive a CMV includes a requirement

that the driver be at least 21 years of age.

In its proposal, TCA states that the

trucking industry has suffered from a

long-standing and chronic shortage of

drivers that has led to significant

competition for drivers among trucking

employers and high turnover. TCA’s

proposal is available for review in the

public docket.

TCA states that many trucking

companies find themselves with

equipment that is unused because they

cannot hire and retain enough safe

drivers. More particularly, TCA states

that the Federal regulation mandating a

minimum age of 21 for interstate drivers

is a barrier to employment because the

usual three-year wait after high school

graduation to enter commercial driver

employment encourages potential

employees to settle in other career

fields.

TCA has asked the FMCSA to approve

a pilot program on behalf of member

companies who are willing to abide by

the standards established for the

program. These carriers would agree to

incur the expense of providing job

opportunities for drivers finishing the

training program and for close

supervision and monitoring of the safety

progress of the younger drivers enrolled

in the program. TCA’s proposal would

10936 Federal Register / Vol. 66, No. 34 / Tuesday, February 20, 2001 / Notices

allow a non-TCA member motor carrier

to participate in the pilot program if it

abides by all the standards established

for the program.

FMCSA Authority Concerning Pilot

Programs

On June 9, 1998, the President signed

the Transportation Equity Act for the

21st Century (TEA–21) (Pub. L. 105–

178, 112 Stat. 107). Section 4007 of the

TEA–21 amended 49 U.S.C. 31315 and

31136(e) concerning the Secretary of

Transportation’s (the Secretary’s)

authority to grant waivers from the

Federal Motor Carrier Safety

Regulations (FMCSRs) for anyone

seeking relief from the requirements.

The statute provides the Secretary with

the authority to grant waivers and

exemptions.

On December 8, 1998, the agency

published an interim final rule on

waivers, exemptions, and pilot

programs (63 FR 67612). 49 CFR 381

subparts D, E and F (sections 381.400 to

381.600) codifies section 4007(c) of

TEA–21 and explains the procedures

followed by the agency when

considering proposals for pilot

programs.

Section 4007 of the TEA–21

authorizes the Secretary to conduct pilot

programs to allow innovative

alternatives to certain provisions of the

FMCSRs to be tested. During a pilot

program, the FMCSA may grant an

exemption to approved participants.

These programs may include

exemptions from one or more

regulations. The 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. In

order to approve a pilot program,

FMCSA is required to demonstrate 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 duration of pilot

programs is limited to three years from

the starting date.

The FMCSA is required to

immediately revoke participation of a

motor carrier, an operator of a

commercial motor vehicle, or a driver

for failure to comply with the terms and

conditions of the pilot program, or to

immediately terminate a pilot program

if continuing it is inconsistent with the

goals and objectives of the safety

regulations issued under the authority

of 49 U.S.C. Chapter 313 or 49 U.S.C.

31136. These requirements are set out in

49 CFR 381.510.

The pilot program plan must include

a specific data collection and safety

analysis plan that identifies a method

for comparison for determining an

equivalent level of safety. A reasonable

number of participants are necessary to

yield statistically valid findings. There

must also be a plan to inform State

partners and the public about the pilot

program and to identify approved

participants to safety compliance and

enforcement personnel and to the

public. The pilot program plan must

include adequate countermeasures to

protect the health and safety of study

participants and the general public. An

oversight plan must be in place to

ensure that participants comply with

the terms and conditions of

participation.

At the conclusion of each pilot

program, the FMCSA is required to

report its findings and conclusions of

the study to Congress and make any

recommendations it determines

appropriate as a result of the study (see

section 4007(c)(5) of the TEA–21 and 49

CFR 381.520). This would include

suggesting amendments to laws and

regulations that would enhance motor

carrier, CMV, and driver safety and

improve compliance with the FMCSRs.

Overview of the Proposed Pilot

Program

On October 2, 2000, the TCA sent the

FMCSA a petition for a pilot program to

allow drivers under age 21 to operate

CMVs in interstate commerce. The

proposal builds on earlier work the TCA

discussed with staff at FMCSA and

includes a proposed curriculum and a

document labeled ‘‘Questions and

Answers.’’ The petition and these two

supporting documents are available in

the public docket described under

ADDRESSES above.

The pilot program proposed by TCA

would involve a minimum of 48 weeks

of intensive classroom and driving

instruction and supervision that is

designed to lead to full-time

employment as an interstate commercial

motor vehicle driver in the trucking

industry. Each younger driver (18 to 21

years of age) would attend an approved

truck driver training school for a

minimum of 22 weeks and receive 8

weeks of training in a motor carrier’s

‘‘driver finishing’’ program (a course of

instruction and on-the-job training

offered by motor carriers that would

further develop the younger driver’s

basic skills, as well as develop greater

maturity and judgment, under the daily

direction and guidance of an

experienced driver trainer). This would

be followed by 18 weeks of team driving

with an older, more experienced driver.

Younger drivers would be required to

pass the performance standards of the

entire 48-week program and reach the

age of 19 to begin solo driving.

Structure of the Younger Commercial

Driver Training and Exemption Pilot

Program

The proposed plan is grounded upon

a consortium of participating schools

and motor carriers that would train

approximately 1000 drivers who are

under the Federal minimum age

requirement of 21. TCA’s proposal

stated that the number of participating

schools is expected to be approximately

ten.

The proposal includes expressions of

interest from The American Institute of

Technology in Phoenix, AZ; John Wood

Community College of Quincy, IL;

National Tractor-Trailer School in

Liverpool and Buffalo, NY; Allstate

Career School in Lester, PA; Houston

Community College in Houston, TX;

Bates Technical Institute in Tacoma,

WA; and Fox Valley Technical College

in Appleton, WI. In addition, Arkansas

State University in Newport, AR, and

Delta Technical Institute in Marked

Tree, AR, have submitted applications

to have their driver training courses

certified as equivalent to the curriculum

submitted by TCA and developed by the

Professional Truck Driver Institute

(PTDI) in order to participate in the

pilot program.

A new course of instruction has been

developed specifically for the proposed

pilot program. The course standards and

curriculum were developed by PDTI

based on the experience, needs and

challenges facing an 18 to 20 year old

driver. The proposed program involves

a minimum of 48 weeks of intensive

classroom and behind-the-wheel (BTW)

instruction and supervision that leads to

full-time employment as an interstate

commercial driver. TCA states that it is

designed to provide qualified entrylevel 18 to 20 year old drivers with a

program of instruction in the safe and

responsible operation of tractor-trailer

vehicles that enables them to advance to

solo drivers. The program would be

nearly 4 times the length of the average

entry-level truck driver training course

for students 21 and older. A regular

PTDI-approved entry-level course lasts

between 6 to 8 weeks. The proposed

pilot program would require 22 weeks

of instruction. The driver finishing

phase for current entry-level training

programs typically lasts 4 to 6 weeks.

Driver finishing under the proposed

pilot program would last 8 weeks. The

proposed pilot program adds an

Federal Register / Vol. 66, No. 34 / Tuesday, February 20, 2001 / Notices 10937

additional ‘‘team driving’’ requirement

for 18 weeks before the 18 to 20-year old

is cleared to drive solo.

PTDI/TCA hosted a meeting of

interested motor carriers, truck driver

training schools and insurance

companies in Washington, DC on March

8 and 9, 2000, to review the PTDI

Standards and Requirements for EntryLevel Tractor and Trailer courses and

Certification Standards and

Requirements for Tractor-trailer Driver

Finishing Programs as a baseline for the

development of the Younger Driver

Program Standards. On May 3, 2000, the

PDTI Board of Directors approved the

skill, curriculum, and course standards

that are included as attachment B to the

TCA proposal in the docket.

TCA expects that twenty carriers or

fewer would participate in the proposed

pilot program, and the proposal

includes expressions of interest from

Maverick Transportation in Little Rock,

AR; P.A.M. Transport in Tontitown, AR;

Ronnie Dowdy, Inc. in Batesville, AZ;

Southern Transit in Fort Smith, AK;

USA Truck in Van Buren, AR; Willis

Shaw Express in Elm Springs, AR; PGT

Trucking in Monaca, PA; US Express

Enterprises in Chattanooga, TN;

Schneider National Carrier, Inc. in

Green Bay, WI; Werner Enterprises in

Omaha, NE; D.M. Bowman in

Williamsport, MD; and CRST in Cedar

Rapids, IA.

PTDI would prepare an application to

identify qualifying schools and carriers,

together with a self-evaluation report to

help in the initial school and carrier

selection process. It would send final

standards and an application to

interested schools and carriers in

sufficient time for them to adopt any

necessary changes before the pilot

program begins. PTDI would prepare an

evaluation manual for schools and

carriers.

The Eligible Student Driver

Under the proposed plan, a student

would be required to meet minimum

DOT, State, Federal and/or local laws

and regulations related to physical

requirements for truck drivers without

any exemption required (except age),

pass a drug screening test administered

by the school, possess a driving record

with no chargeable crashes (excluding

minor crashes with damage only to

property), have no DOT-reportable

crashes, no serious speeding tickets (i.e.,

15 miles above the posted limit), and

have no citations or convictions in

connection with crashes or traffic

violations, such as, reckless driving or

driving under the influence of drugs or

alcohol. Under the proposal, if a student

violates any one of the eligibility

requirements in any phase of the pilot

program, the student would be expelled

from the program.

In the proposal, each student would

be required to be a high school graduate,

hold a high school equivalency

diploma, or be determined to have a

demonstrated ‘‘ability to benefit’’ which

requires passage of a standardized test

administered by the United States

Department of Education. A carrier

participating in a pilot program would

need to approve a student driver’s

qualifications; a carrier would need to

make a conditional offer of employment

when the student enters the program.

Further, the potential student driver

would need to pass a screening test,

administered by a third party, that

would inquire into a potential driver

candidate’s behavior, aptitude, strengths

and weaknesses, and job expectations.

The Eligible School

Under the proposal, an eligible school

would be required to have a training

course certified by PTDI or an

equivalent course. The school would be

required to have sufficient accreditation

so that younger drivers are eligible for

Federal student loans. Schools would

need to secure certification from PTDI

or an equivalent certifying-body for a

new course that is designed especially

for this pilot program. The new course

would incorporate instruction material

that teaches life skills, over-the-road

management, financial management,

and family management, as well as

advanced truck driving knowledge and

skills.

Participants also would receive

instruction in the U.S. Department of

Transportation’s ‘‘No-Zone’’ program,

which provides information on the

location of the truck’s blind spots, the

Federal Motor Carrier Safety

Regulations, and other valuable

information about how to share the road

with other highway users.

Under the proposal, the course would

last a minimum of 22 weeks (or 460

hours) and include 14 weeks (or 280

hours) of classroom instruction as well

as 8 weeks (or 160 hours) of instruction

actually in the truck. The student would

spend at least 88 hours of the 160 total

hours BTW, with an additional 72 hours

spent either BTW or observing the

operation of the truck by another

student or course instructor. Tuition for

the school portion of the proposed pilot

program could range from $4,500–

$10,000 per student.

The Eligible Carrier

Under the proposal, a carrier

(employer) participating in the pilot

program would have to have a

‘‘Satisfactory’’ U.S. DOT safety rating

and a crash rate below the industry

average, according to DOT statistics. Its

insurance company would have to agree

to provide coverage for younger drivers

on a selective basis. The carrier would

have to agree to assure trucks operated

by the younger drivers would travel no

more than 68 miles per hour and

participate in a ‘‘1–800 How’s My

Driving’’ or comparable program that

allows motorists to report any unsafe

driving behavior to the company

through a toll free number. Further, the

carrier would have to agree not to allow

younger drivers to operate CMVs which

would require any type of commercial

driver’s license endorsement (i.e.,

hazardous materials, double/triple

trailers, tank vehicles, passengers) while

in the program.

Program Monitoring

The proposed pilot program would

last 3 years and would include the

following monitoring procedures and

elements by the sponsor TCA:

1. Finishing Program. A driver

finishing program is a course of

instruction and on-the-job training

offered by motor carriers. The driver

finishing program offered by participant

carriers in the pilot program would have

to be certified by PTDI (or an equivalent

body) and include at least 8 weeks (or

460 hours) of training with a carefully

screened, professional driver-trainer. Of

the 460 hours, 288 would be BTW hours

with a trained driver. The minimum

number of hours is an average of 36

hours per week over the eight weeks of

training and in strict compliance with

the hours of service requirement. The

additional 172 hours could be

observational or driving time. The

participant carrier would pay each

student an agreed upon rate during the

finishing process.

Under the proposal, a driver-trainer

would be required to be at least 25 years

old, have at least one year of experience

as a licensed commercial driver, and

during the previous 12 months, have no

chargeable/recordable crashes, have no

driver out-of-service violations and no

convictions for any violations listed in

the commercial driver’s license

regulations (49 CFR 383.5 and 383.51).

In addition, the driver-trainer would be

required to satisfy all State regulatory

requirements and any additional

requirements under the carrier’s safety

policies and meet all Federal or

provincial motor carrier safety

regulations or other Federal or State

requirements that relate to the operation

of a commercial motor vehicle. Finally,

the driver-trainer would be required to

be experienced in all four seasons of

10938 Federal Register / Vol. 66, No. 34 / Tuesday, February 20, 2001 / Notices

driver operations; to have completed a

3-day program on coaching and

communication skills; and to have

satisfied company management, through

examination or otherwise, that he or she

is qualified to be a driver trainer in the

pilot program. The carrier would be

required to have a mentoring program

that would assign a mentor to the

younger driver from the first day of

employment until the driver turned 21.

Mentors would receive special training;

interaction between the mentor and the

younger driver would occur regularly,

and mentors would be required to be

outside the direct supervisory and

appraisal loop of the training. The

carrier would regularly communicate

with the school regarding the student’s

progress through the program.

2. Team Operations. After completion

of the finishing program and after the

school and carrier agree that a student

exhibits the necessary and desirable

skills and judgment, he or she would

transition to a team operation for a

minimum of 18 weeks (or 720 hours of

BTW). Under the proposal, the lead

team driver would have the following

qualifications: 25 years of age or older;

no chargeable (excluding minor damage

to property only) or DOT-recordable

crashes in the previous 12 months; no

convictions for any violations listed in

commercial driver’s license regulations

(49 CFR 383.5 and 383.51) in the

previous 12 months; and at least one

year of experience as an over-the-road

driver in solo operations. During the

team-driving phase of the program, the

younger driver would earn a salary that

will be above the minimum wage.

3. Solo Ready. Under the proposal,

the carrier and school would agree

when a student, who is at least 19 years

of age, is eligible to drive solo. The

carrier would monitor the driver’s

performance and provide safety training

every three months until the driver was

21 years of age. During the solo phase,

students participating in the pilot

program could change driving jobs, but

only to work for another carrier

participating in the pilot program. If a

younger driver drops out, the exemption

issued under the program would be

revoked, and the student would not be

eligible to drive a CMV until he or she

reaches the age of 21.

4. Monitoring and Evaluation. Under

the TCA proposal, each carrier

participating in the program would

provide monitoring of each younger

driver from the day the driver began

team driving operations until the

driver’s 21st birthday. To satisfy the

monitoring requirements, monitoring

would, at a minimum, include: face-toface meetings with the younger driver

every 3 months; monthly reviews of the

younger driver’s hours-of-service logs;

regular analysis of maintenance records

for the truck operated by the younger

driver; and immediate temporary or

permanent suspension from driving in

the event of any crashes, moving

violations, or out-of-service violations.

Carriers would follow a prescribed

program to ensure, on a continuing

basis, that the younger driver possessed

and exhibited the skills and judgment

necessary to operate a commercial

motor vehicle safely. Participating

carriers would be required to pay

specific attention to hours-of-service

compliance, out-of-service violations,

crashes, and moving violations. TCA

would develop and enforce

disqualification criteria.

TCA proposes that a younger driver

would be temporarily removed from the

pilot program if he or she received any

citation, in a commercial or private

vehicle, for speeding, driving under the

influence, or reckless driving, and

permanently removed if convicted. Any

at-fault crash on public roads or

highways would similarly bar a younger

driver from continued participation in

the pilot program. Any other violation

or demonstrated instance of poor

judgment would require the younger

driver, if he or she desires to remain in

the program, to submit to carrier or

school-sponsored counseling to evaluate

the driver’s attitude, behavior,

judgment, and understanding of

applicable regulations.

FMCSA Evaluation of the Proposal

The FMCSA has received this

proposal submitted in accord with 49

CFR 381.410 and is interested in public

comment on whether such a pilot

program can ensure a level of safety that

is equal to or greater than the level of

safety achieved by CMV drivers 21 years

of age or older who are not otherwise

subject to specialized selection, training,

and monitoring beyond that otherwise

required by the CDL. The proposal

includes screening and selection,

lengthy training, follow-up, and

monitoring elements. The FMCSA is

interested in the specific make-up of the

proposal and any additional procedures

and monitoring elements that a

commenter believes are necessary. For

example, should FMCSA also require

each mentor to meet with his or her

assigned younger driver no less than

once each month and for each younger

driver to carry a telephone number of a

responsible trainer or monitor that can

be used by enforcement personnel if a

driver or vehicle is placed out-ofservice.

If the FMCSA determines to go

forward with a pilot program, it will

propose for public comment its

complete proposed pilot program,

including a monitoring program to

oversee continuous compliance to meet

the requirements of the TEA–21 and our

regulations.

Questions for Comment

The FMCSA is soliciting comments

on TCA’s proposed pilot program to

assist FMCSA in making a

determination on whether it can

proceed with a complete pilot program

that will meet the requirements of the

TEA–21 and FMCSA regulations.

1. Does TCA’s proposed pilot program

meet the standards for pilot programs

outlined in the TEA–21 and FMCSA

regulations (49 CFR part 381 subparts D,

E and F)?

2. What factors should FMCSA

consider when evaluating TCA’s

proposed pilot program?

3. What methodology should the

FMCSA use in determining the

appropriateness of curriculum, criteria

for selection of carriers, schools, and

drivers?

4. Could TCA’s proposal achieve a

level of safety that is equivalent to, or

greater than, the level of safety that

would be achieved by complying with

the FMCSRs?

5. Will subjecting younger drivers to

more rigorous training and a finishing

program achieve a level of safety

equivalent to drivers 21 years old or

older who do not have to undergo such

a program?

6. At what point could the FMCSA

issue an exemption to a younger driver

participating in the training program?

Commenters are not limited to

responding to the above questions.

Commenters may submit any facts or

views consistent with the intent of this

notice. Commenters should not submit

other curricula proposals or other

proposals to initiate pilot programs as

part of a comment.

Issued on: February 12, 2001.

Julie Anna Cirillo,

Assistant Administrator and Chief Safety

Officer.

[FR Doc. 01–4098 Filed 2–16–01; 8:45 am]

BILLING CODE 4910–EX–U

DEPARTMENT OF TRANSPORTATION

Maritime Administration

Voluntary Intermodal Sealift

Agreement

AGENCY: Maritime Administration, DOT.