[Federal Register Volume 84, Number 94 (Wednesday, May 15, 2019)]
[Notices]
[Pages 21895-21898]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-09944]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2018-0346]


Commercial Driver's Licenses; Pilot Program To Allow Drivers 
Under 21 To Operate Commercial Motor Vehicles in Interstate Commerce

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

ACTION: Notice and request for comments.

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SUMMARY: Drivers 18, 19 and 20 years old may currently operate 
commercial motor vehicles (CMVs) in intrastate commerce. On July 6, 
2018, FMCSA published a Federal Register notice announcing the details 
of the Commercial Driver Pilot Program, that allows certain 18- to 20-
year-olds with military training to operate CMVs in interstate 
commerce. This document requests comments on a possible second pilot 
program to allow non-military

[[Page 21896]]

drivers aged 18, 19, and 20 to operate CMVs in interstate commerce. 
FMCSA requests comments on the training, qualifications, driving 
limitations, and vehicle safety systems that FMCSA should consider in 
developing options or approaches for a second pilot program for younger 
drivers.

DATES: Comments must be received on or before July 15, 2019.

ADDRESSES: You may submit comments bearing the Federal Docket 
Management System (FDMS) Docket ID FMCSA-2018-0346 using any of the 
following methods:
     Federal eRulemaking Portal: www.regulations.gov. Follow 
the online instructions for submitting comments.
     Mail: Docket Management Facility, U.S. Department of 
Transportation, 1200 New Jersey Avenue SE, West Building, Ground Floor, 
Room W12-140, Washington, DC 20590-0001.
     Hand Delivery or Courier: West Building, Ground Floor, 
Room W12-140, 1200 New Jersey Avenue SE, between 9 a.m. and 5 p.m., 
Monday through Friday, except Federal holidays.
     Fax: 1-202-493-2251.
    Each submission must include the Agency name and the docket number 
for this notice. Note that DOT posts all comments received without 
change to www.regulations.gov, including any personal information 
included in a comment. Please see the Privacy Act heading below.

Privacy Act

    In accordance with 5 U.S.C. 553(c), DOT solicits comments from the 
public to better inform its processes. DOT posts these comments, 
without edit, including any personal information the commenter 
provides, to www.regulations.gov, as described in the system of records 
notice (DOT/ALL-14 FDMS), which can be reviewed at www.dot.gov/privacy.

FOR FURTHER INFORMATION CONTACT: Mr. Selden Fritschner, Commercial 
Drivers 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: 

I. Public Participation and Request for Comments

    FMCSA encourages you to participate by submitting comments and 
related materials. In this notice, FMCSA requests certain information, 
but comments are not limited to responses to those requests.

Submitting Comments

    If you submit a comment, please include the docket number for this 
notice (FMCSA-2018-0346), indicate the specific section of this 
document to which the comment applies, and provide a reason for 
suggestions or recommendations. You may submit your comments and 
material online, by fax, mail, or hand delivery, but please use only 
one of these means. FMCSA recommends that you include your name and a 
mailing address, an email address, or a phone number in the body of 
your document so the agency can contact you if it has questions 
regarding your submission.
    To submit your comment online, go to www.regulations.gov, put the 
docket number, ``FMCSA-2018-0346'' in the ``Keyword'' box, and click 
``Search.'' When the new screen appears, click on the ``Comment Now!'' 
button and type your comment into the text box in the following screen. 
Choose whether you are submitting your comment as an individual or on 
behalf of a third party and then submit. If you submit your comments by 
mail or hand delivery, submit them in an unbound format, no larger than 
8\1/2\ by 11 inches, suitable for copying and electronic filing. If you 
submit comments by mail and would like to know that they reached the 
facility, please enclose a stamped, self-addressed postcard or 
envelope. FMCSA will consider all comments and material received during 
the comment period.

Viewing Comments and Documents

    To view comments, as well as documents mentioned in this notice as 
being available in the docket, go to www.regulations.gov and insert the 
docket number, ``FMCSA-2018-0346'' in the ``Keyword'' box and click 
``Search.'' Next, click the ``Open Docket Folder'' button and choose 
the document listed to review. If you do not have access to the 
internet, you may view the docket online by visiting the Docket 
Management Facility in Room W12-140 on the ground floor of the DOT West 
Building, 1200 New Jersey Avenue SE, Washington, DC 20590, between 9 
a.m. and 5 p.m., ET., Monday through Friday, except Federal holidays.

II. Legal Basis

Applicable Regulations

    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 commercial driver's license (CDL) (49 
CFR 391.11(b)(1)).
    Under 49 U.S.C. 31315 and 31136(e), the Secretary of Transportation 
(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 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.
    Therefore, a pilot program requires that participating drivers be 
provided 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).
    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.
    Additionally, Section 5404 of the Fixing America's Surface 
Transportation (FAST) Act (Pub. L. 114-94, 129 Stat. 1312, 1549, Dec. 
4, 2015) directed FMCSA to establish a pilot program to allow certain 
drivers with military training and experience, ages 18, 19 or 20, to 
operate CMVs in interstate commerce.

III. Background

Recent Considerations To Change the CDL Driving Age

    On October 2, 2000, the Truckload Carriers Association (TCA) 
petitioned FMCSA to conduct a younger driver pilot program. Motor 
carriers, truck driver training schools, a trade association, and an 
insurance company joined in the petition asking FMCSA to authorize a 
pilot program to determine if CMV drivers under age 21 could operate 
CMVs safely in interstate

[[Page 21897]]

commerce. Petitioners stated that this pilot would address the shortage 
of CMV drivers in the trucking industry. Petitioners also asserted that 
recruiting young persons as truck drivers would be easier if they could 
be approached immediately after graduation from high school.
    The pilot program proposed by TCA would have involved a minimum of 
48 weeks of intensive classroom and driving instruction and supervision 
that was designed to lead to full-time employment as an interstate CMV 
driver. Each younger driver (18 to 21 years of age) would attend a 
truck driver training school approved by the Professional Truck Driver 
Institute for a minimum of 22 weeks and receive 8 weeks of training in 
a motor carrier's ``driver finishing'' program. 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.
    On February 20, 2001, FMCSA published a notice asking six questions 
about the proposed pilot program and requesting public comment on the 
TCA petition (66 FR 10935). FMCSA received more than 1,600 comments. 
Very few commenters presented data either for or against the program. 
More than 90 percent of the commenters were opposed, most on the basis 
that individuals under the age of 21 lacked the maturity and judgment 
to operate a CMV. None explained how interstate drivers under 21 would 
diminish safety when most States have concluded that intrastate drivers 
under 21 do not do so. Very few truck drivers and motor carriers 
commented, but most of them also opposed the pilot program.
    On June 9, 2003, FMCSA denied the TCA petition stating that ``the 
Agency does not have sufficient information at this time to make a 
determination that the safety measures in the pilot program are 
designed to achieve a level of safety equivalent to, or greater than, 
the level of safety provided by complying with the minimum 21-year age 
requirement to operate a CMV.'' (68 FR 34467, 34468)

Military Under 21 Pilot Program

    On August 22, 2016, FMCSA published a notice of proposed pilot 
program titled ``Commercial Driver's Licenses; 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'' (81 FR 56745). The notice proposed allowing members of the 
military, veterans, Reservists and National Guard members who are 18, 
19 or 20 years old and certified in one of seven Military Occupational 
Specialties (MOS) to operate CMVs in interstate commerce. The 2016 
notice provided details of current military training. At a minimum, the 
seven MOS require at least 22 hours of classroom training and 62 hours 
of behind-the-wheel taining in a heavy duty military vehicle. In some 
instances, additional instruction is required for specialized training, 
depending on the vehicle or trailer type.
    The Agency received 67 comments to the docket; 40 favored the pilot 
program and 9 opposed it. The remaining 18 comments were a form letter 
asking the Agency to expand the current pilot program or initiate a new 
one for drivers aged 18, 19, or 20 years old and who are engaged in 
agricultural operations.
    On July 6, 2018, the FMCSA published a notice detailing the 
requirements of the pilot program and responded to comments. The notice 
is titled ``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'' (83 FR 31633). The notice discussed 
comments and responses received from the August 2016 notice, and 
detailed the pilot program requirements and procedures.
    In addition, on July 6, 2018, the FMCSA published a 60-day notice 
for the information collection request (ICR) associated with the Under 
21 Military CDL Pilot Program (83 FR 31631). The ICR included the 
application and consent forms for motor carriers, covered drivers, 
control group drivers, and intrastate drivers providing information for 
the pilot program. It also explained the Agency's hypotheses for the 
Under 21 Military CDL Pilot Program, the monthly reporting 
requirements, and the ICR burdens. The Agency anticipates that some of 
the forms and processes developed for this information collection may 
also be applicable if the Agency decides to conduct a pilot program 
involving younger drivers without military training and experience.

Entry Level Driver Training

    On December 8, 2016, the FMCSA published a final rule titled 
``Minimum Training Requirements for Entry-Level Commercial Motor 
Vehicle Operators'' (81 FR 88732). The rule on entry-level driver 
training (ELDT) established minimum training standards for certain 
individuals applying for their CDL. Specifically, according to FMCSA's 
current rulemaking implementation schedule, beginning on February 6, 
2020, CDL applicants subject to the rule must complete a prescribed 
program of instruction presented by an entity listed on FMCSA's 
Training Provider Registry, prior to taking the State-administered CDL 
skills test, or for the Hazardous Materials endorsement, prior to 
taking the knowledge test. The final rule outlined the topics that must 
be covered during classroom and behind the wheel training curriculums; 
however, it did not require a minimum number of hours for either 
classroom or behind the wheel.

Recent Legislative Proposals

    On February 27, 2019, companion bills were introduced in the U.S. 
House of representatives and the U.S. Senate called the ``Developing 
Responsible Individuals for a Vibrant Economy Act'' (DRIVE-Safe Act) 
(H.R. 5358). The DRIVE-Safe Act proposes to lower the age requirement 
for interstate drivers to 18 as long as drivers under the age of 21 are 
participating in an apprenticeship program that includes separate 120-
hour and 280-hour probationary periods, during which younger drivers 
would operate CMVs under the supervision of an experienced driver and 
must achieve specific performance benchmarks before advancing. Younger 
drivers would also drive vehicles equipped with active braking 
collision mitigation systems, forward-facing video event capture, and 
speed limiters set to 65 miles per hour.

IV. Request for Public Comments

    FMCSA requests responses to the following questions to help the 
Agency determine whether it should propose a younger driver pilot 
program and the parameters of such a program. Instructions for filing 
comments to the public docket are included earlier in this notice.
    The public is encouraged to respond to the questions listed below; 
however, additional comments are also welcome.

General

    1. What data are currently available on the safety performance 
(e.g., crash involvement, etc.) of 18-20-year-old drivers operating 
CMVs in intrastate commerce?
    2. Are there concerns about obtaining insurance coverage for 
drivers under 21 who operate CMVs in intrastate commerce, and would 
these challenges be greater for interstate operations?

Training and Experience

    As noted above, according to the current rulemaking implementation 
schedule, starting in 2020, FMCSA will require completion of an ELDT 
course

[[Page 21898]]

before a driver may take the CDL skills test. In addition, the 2000 TCA 
proposal included extensive training requirements. The DRIVE-Safe Act 
contemplates an extensive apprenticeship program under the supervision 
of an experienced co-driver.
    1. What is the minimum driving experience that should be required 
for a driver to be admitted to a pilot?
    a. Should there be a requirement for experience driving non-
commercial vehicles (e.g., to hold a regular driver's license for some 
minimum period of time)?
    b. Should there be a requirement for experience driving a CMV in 
intrastate commerce for some minimum period of time? If so, what should 
that period be and how should it be measured (e.g., time with a CDL, 
hours driven, vehicle miles traveled) and why?
    c. Is there a minimum amount of time a younger driver should be 
required to hold a CLP or CDL? If so, how long and why? Are there 
driver training topics that should be required for younger drivers 
beyond those covered in the ELDT final rule? If so, what are they and 
why?
    2. What kind of supervision, and how much, should be required for 
drivers under 21 in a pilot?
    3. Should there be any specific training/qualification requirements 
for mentors, supervisors or co-drivers? If so, what type of training or 
qualifications?
    4. Should FMCSA require that participating motor carriers establish 
a formal apprenticeship program according to Department of Labor 
Standards? If so, why?

Operational Requirements

    The TCA proposal and the DRIVE-Safe Act both proposed operational 
limitations for 18-20-year-old drivers beyond what is currently 
required under Federal regulations. In addition, graduated driver 
license programs that begin with operational restrictions (e.g., may 
not drive between midnight and 5:00 a.m.) have been shown to be 
effective for new drivers. With this in mind:
    1. Should there be time or distance restrictions on younger 
drivers? If so, what should these be and why?
    2. Should younger drivers have more limited hours of service, such 
as a maximum of 8 hours of driving each day? If so, what limits should 
be applied and why?
    3. Should younger drivers be prohibited from transporting hazardous 
materials, passengers, and/or operating tank vehicles or oversize/
overweight vehicles? Should there be other restrictions?

Requirements for participation?

    In the Under 21 Military Pilot Program, FMCSA laid out specific 
requirements that participating motor carriers and drivers must 
continue to satisfy.
    1. What safety standards should participating motor carriers have 
to meet? Are the requirements from the Under 21 Military Pilot Program 
appropriate?
    2. What safety standards should participating drivers have to meet? 
Are the requirements from the Under 21 Military Pilot program 
appropriate?
    3. What action(s) should the Agency consider taking if drivers in 
this pilot program are convicted of violations while operating in 
interstate commerce?
    4. At what point should FMCSA remove a driver or motor carrier from 
a pilot program?

Technology Requirements

    The DRIVE-Safe Act would require younger drivers to operate 
vehicles that are equipped with collision avoidance systems, front-
facing video recorders, and speed limiters set to 65 mph.
    1. Should FMCSA include requirements for safety equipment or on-
board recording systems in a pilot program for younger CMV drivers? If 
so, what equipment and why?
    2. Are the technologies proposed in the DRIVE-Safe Act appropriate?
    3. Should FMCSA include other technologies? If so, what 
technologies are appropriate?

Insurance

    1. Will insurance companies be willing to cover younger drivers 
operating CMVs in interstate commerce?
    2. What is the surcharge for insuring a younger driver?
    3. Will motor carriers be able to afford the insurance coverage for 
these younger drivers?

Research and Data

    1. What type of data could be provided to the Agency to evaluate 
the safety performance of drivers under 21 who operate in intrastate 
commerce, e.g., State-managed safety performance data?
    2. Are traffic violations, crashes, and inspection violations 
adequate to allow a comparison of safety records? If not, what other 
safety performance measures should be used?
    3. What research should the Agency consider to assess the safety 
impacts of younger interstate CMV drivers?

    Issued on: May 9, 2019.
Raymond P. Martinez,
Administrator.
[FR Doc. 2019-09944 Filed 5-14-19; 8:45 am]
 BILLING CODE 4910-EX-P


