Attchment C - 30-day FR

60950

Federal Register / Vol. 83, No. 228 / Tuesday, November 27, 2018 / Notices

if not entirely, superseded by this
exemption. The 2015 exemption
(extended to 2020) remains in place, but
will expire by its own terms in 2020,
while this renewed exemption will
remain in effect until November 1, 2023.
Terms of the Exemption
1. All motor carriers and drivers
operating mobile cranes with a rated
lifting capacity of greater than 30 tons
are exempt from the 30-minute break
requirement of 49 CFR 395.3(a)(3)(ii).
The lifting capacity of the crane must be
displayed on a manufacturer’s
certification plate on the crane or in
manufacturer’s documentation carried
on the vehicle.
2. Drivers must have a copy of this
exemption document in their possession
while operating under the terms of the
exemption. The exemption document
must be presented to law enforcement
officials upon request.
3. Motor carriers operating under this
exemption must have a ‘‘Satisfactory’’
safety rating with FMCSA, or be
‘‘Unrated.’’ Motor carriers with
‘‘Conditional’’ or ‘‘Unsatisfactory’’
FMCSA safety ratings are prohibited
from using this exemption.
Period of the Exemption
This exemption from the
requirements of 49 CFR 395.3(a)(3)(ii) is
effective November 1, 2018 through
November 1, 2023, 11:59 p.m. local
time.
Extent of the Exemption
This exemption is limited to the
provisions of 49 CFR 395.3(a)(3)(ii).
These motor carriers and drivers must
comply with all other applicable
provisions of the FMCSRs.
In accordance with 49 U.S.C.
31315(d), as implemented by 49 CFR
381.600, during the period this
exemption is in effect, no State shall
enforce any law or regulation applicable
to interstate commerce that conflicts
with or is inconsistent with this
exemption with respect to a firm or
person operating under the exemption.
States may, but are not required to,
adopt the same exemption with respect
to operations in intrastate commerce.

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Notification to FMCSA
Any motor carrier utilizing this
exemption must notify FMCSA within 5
business days of any accident (as
defined in 49 CFR 390.5), involving any
of the motor carrier’s CMV drivers
operating under the terms of this
exemption. The notification must
include the following information:

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Termination
FMCSA does not believe the drivers
covered by this exemption will
experience any deterioration of their
safety record.
Interested parties or organizations
possessing information that would
otherwise show that any or all of these
motor carriers are not achieving the
requisite statutory level of safety should
immediately notify FMCSA. The
Agency will evaluate any information
submitted and, if safety is being
compromised or if the continuation of
the exemption is inconsistent with 49
U.S.C. 31315(b)(4) and 31136(e),
FMCSA will immediately take steps to
revoke the exemption of the company or
companies and drivers in question.
Issued on: November 14, 2018.
Raymond P. Martinez,
Administrator.

Preemption

VerDate Sep<11>2014

a. Name of Exemption: ‘‘SC&RA
cranes’’,
b. Name of operating motor carrier
and USDOT number,
c. Date of the accident,
d. City or town, and State, in which
the accident occurred, or closest to the
accident scene,
e. Driver’s name and license number
and State of issuance,
f. Vehicle number and State license
plate number,
g. Number of individuals suffering
physical injury,
h. Number of fatalities,
i. The police-reported cause of the
accident,
j. Whether the driver was cited for
violation of any traffic laws or motor
carrier safety regulations, and
k. The driver’s total driving time and
total on-duty time prior to the accident.
Reports filed under this provision
shall be emailed to [email protected].

[FR Doc. 2018–25820 Filed 11–26–18; 8:45 am]
BILLING CODE 4910–EX–P

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[Docket No. FMCSA–2017–0196]

30-Day Notice of Proposed Information
Collection: Pilot Program To Allow 18to 21-Year-Old Persons With Military
Driving Experience To Operate
Commercial Motor Vehicles (CMVs) in
Interstate Commerce
Federal Motor Carrier Safety
Administration (FMCSA), Department
of Transportation (DOT).
ACTION: Notice and request for
comments.
AGENCY:

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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
review and approval. Pursuant to
Section 5404 of the Fixing America’s
Surface Transportation Act, 2015 (FAST
Act), FMCSA proposes a 3-year period
of information collection to determine:
(1) Whether the safety outcomes (to
include crashes, moving violations,
inspection violations, and safety critical
events as available) of drivers under the
age of 21 with military experience in the
operation of heavy vehicles (i.e.,
‘‘covered drivers’’) participating in
interstate commerce are similar to the
safety outcomes of CMV drivers
between the ages of 21 and 24 (i.e.,
drivers aged 21, 22, 23, or 24) operating
freight-carrying CMVs, and (2) how
training and experience impact the
safety of the 18- to 20-year-old driving
population. FMCSA proposed this pilot
program and solicited public comment
on August 22, 2016. Two Federal
Register notices were published on July
6, 2018. One notice requested comments
on this proposed information collection
request (83 FR 31631) and the other
announced programmatic details for
participating in the pilot program and
responded to comments received on the
initial proposal for the pilot program (83
FR 31633). The comment period was
open for 60-days and closed on
September 4, 2018. In response to the
notice, FMCSA received 37 comments.
DATES: Please send your comments by
December 28, 2018. OMB must receive
your comments by this date in order to
act quickly on the ICR.
ADDRESSES: All comments should
reference Federal Docket Management
System (FDMS) Docket Number
FMCSA–2017–0196. Interested persons
are invited to submit written comments
on the proposed information collection
to the Office of Information and
Regulatory Affairs, Office of
Management and Budget. Comments
should be addressed to the attention of
the Desk Officer, Department of
Transportation/Federal Motor Carrier
Safety Administration, and sent via
electronic mail to oira_submission@
omb.eop.gov, or faxed to (202) 395–
6974, or mailed to the Office of
Information and Regulatory Affairs,
Office of Management and Budget,
Docket Library, Room 10102, 725 17th
Street NW, Washington, DC 20503.
FOR FURTHER INFORMATION CONTACT:
Nicole Michel, Research Division,
Federal Motor Carrier Safety
Administration, 1200 New Jersey
SUMMARY:

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Avenue SE, Washington, DC 20590–
0001, by email at nicole.michel@
dot.gov, or by telephone at (202) 366–
4354. If you have questions on viewing
or submitting material to the docket,
contact Docket Services, telephone (202)
366–9826.
SUPPLEMENTARY INFORMATION:
Title: Proposed Information Collection
for a Pilot Program to Allow 18- to 21Year-Old Persons with Military Driving
Experience to Operate CMVs in
Interstate Commerce.
OMB Control Number: 2126–NEW.
Type of Request: New information
collection.
Respondents: Motor carriers; 21- to
24-year-old entry-level CMV drivers
with valid commercial drivers’ licenses
(CDLs) operating in freight-carrying
interstate commerce (control group
drivers); 18- to 20-year-old freightcarrying CMV drivers with a valid CDL
operating in intrastate commerce
(intrastate group drivers); 18- to 20-yearold current or former military personnel
with training in heavy-duty vehicle
operations (covered drivers) and valid
CDLs with a K-restriction.
Estimated Number of Respondents:
1,570. [Motor carriers: 70 in total; 50 at
any given time. Control group drivers:
500 in total (Year 1 = 300; Year 2 = 100;
Year 3 = 100; Annualized = 166.7).
Intrastate group drivers: 500 in total
(Year 1 = 300; Year 2 = 100; Year 3 =
100; Annualized = 166.7). Covered
group drivers: 500 in total (Year 1 = 300;
Year 2 = 100; Year 3 = 100; Annualized
= 166.7).
Estimated Time per Response: Motor
Carriers: application—20 minutes (onetime response); monthly data
submission—45 minutes (per
participating driver); miscellaneous
additional data submissions—60
minutes per month (e.g. notification of
a crash with injury or fatality,
notification of a driver leaving the
carrier or study); monthly supporting
information—15 minutes (per sponsored
participating driver, monthly; e.g.,
optional on-board monitoring system
[OBMS] logs, investigation findings for
crashes). Drivers: background
information and informed consent
forms—20 minutes (one-time response).
Expiration Date: N/A. This is a new
information collection request (ICR).
Frequency of Response: This is a onetime pilot program that will span a 3year period of data collection.
Throughout the 3-year pilot program,
the response frequencies are: Motorcarrier applications: one-time response.
Driver demographic and release forms:
one-time response. Motor carrier driver
data submission: monthly (see

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‘‘Estimated Time per Response’’ for
more details).
Estimated Total Annual Burden:
7,974.5 hours annualized. [This
includes 7.8 hours annualized for motor
carrier applications; 166.67 hours
annualized for driver information and
informed consent forms; 5,400 hours
annualized for monthly driver activity
and safety data; 600 hours annualized
for miscellaneous tasks; and 1,800 hours
annualized for additional supporting
data.]
Background
I. Project Summary
Purpose
Pursuant to Section 5404 of the FAST
Act, the proposed ICR will support
research to determine whether the safety
outcomes of covered drivers
participating in interstate commerce are
similar to the safety outcomes of older
entry-level drivers, and how training
and experience impact the safety of the
18- to 20-year-old driving population.
FAST Act Mandate
Section 5404 of the FAST Act (Pub. L.
114–94, 129 Stat. 1312, 1549, Dec. 4,
2015) (49 U.S.C. 31315 note) requires
the establishment of a data collection
program to collect and analyze data
regarding crashes involving covered
drivers participating in the pilot
program, and drivers under the age of 21
operating CMVs in intrastate commerce.
A ‘‘covered driver’’ is defined as a
current or former member of the armed
forces or reserve components between
the ages of 18 and 21 (i.e., a driver aged
18, 19, or 20), who is qualified in a
Military Occupational Specialty (MOS)
to operate a CMV or similar vehicle. A
report detailing the findings will be
submitted to Congress no later than one
year after completing data collection. A
working group was also established
under section 5404 to review this data
collection and provide advice to
FMCSA.
Regulatory Relief
Drivers of CMVs engaged in interstate
commerce must be at least 21 years of
age (49 CFR 391.11(b)(1)). This includes
CMVs for which CDLs are required and
certain other CMVs for which a CDL is
not required.
In the May 9, 2011, final rule on
‘‘Commercial Driver’s License Testing
and Commercial Learner’s Permit
Standards,’’ (76 FR 26854), the Agency
set a minimum age of 18 for an
individual to obtain a CLP. A CDL
holder under the age of 21 must have a
‘‘K’’ restriction on their CDL, which
limits the driver to operating in

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intrastate commerce. Therefore, the
proposed pilot program requires that
participating drivers be provided relief
from sections of 49 CFR parts 383 and
391 concerning minimum age
requirements so that the covered drivers
may operate in interstate commerce.
II. Data Collection Plan
Details of the data collection plan for
this pilot program are subject to change
based on comments in the docket and
further review by FMCSA.
The data collection plan calls for 50
motor carriers to be active in the pilot
program at a time who will each
identify and employ at least one covered
group driver in addition to intrastate
drivers and/or control group drivers.
Carriers will report safety data to
FMCSA. Note that while only 50
carriers are expected to participate at
any given time, an estimated 70 carriers
will participate throughout the 3-year
study due to carrier turnover.
FMCSA anticipates an average of 600
drivers participating in the study per
year (200 control group, 200 intrastate,
and 200 covered drivers). An estimated
300 replacement drivers (100 control
group, 100 intrastate, and 100 covered)
will participate during each year of the
3-year program due to expected driver
turnover.
The information collection can be
summarized by the following:
• A motor carrier application (completed
once at the time of application) for
participation in the pilot program will
provide the project team with the carrier’s
contact information and demographic data.
• Each participating driver will need to
complete a driver background information
form and sign an informed consent form,
which the motor carrier will submit on the
driver’s behalf. This is a one-time task for
each driver.
• On a monthly basis, carriers will submit
data on driver activity (e.g., duty hours,
driving hours, off-duty time, restart breaks),
safety outcomes (e.g., crashes, violations, and
safety-critical events) and any additional
supporting information (e.g., OBMS logs,
investigative reports from previous crashes).
• Carriers will be required to notify
FMCSA within 24 hours of: Any injury or
fatality crashes involving a participating
driver, a participating driver receiving an
alcohol-related citation (e.g., driving under
the influence, driving while intoxicated), a
participating driver choosing to leave the
pilot program, a participating driver leaving
the carrier, or a participating driver failing a
random or post-crash drug/alcohol test.

This pilot limits the definition of
CMVs to large trucks and does not
include passenger-carrying vehicles,
such as buses. The pilot also excludes
trucks in special configurations or
involved in the transport of hazardous
materials.

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III. Paperwork Reduction Act
The Paperwork Reduction Act of 1995
(the PRA) (44 U.S.C. 3501–3520)
prohibits agencies from conducting
information collection (IC) activities
until they analyze the need for the
collection of information and how the
collected data will be managed.
Agencies must also analyze whether
technology could be used to reduce the
burden imposed on those providing the
data. The Agency must estimate the
time burden required to respond to the
IC requirements, such as the time
required to complete a particular form.
The Agency submits its IC analysis and
burden estimate to OMB as a formal
ICR; the Agency cannot conduct the
information collection until OMB
approves the ICR.

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IV. Summary of Public Comments
Received
A Federal Register notice (83 FR
31631) was published on July 6, 2018,
which requested comments on this
proposed information collection
request. The comment period was open
for 60-days and closed on September 4,
2018. The notice received 37 comments,
which are summarized here.
Of the comments received, 17 were in
support for the pilot program with an
additional 3 comments in support of the
pilot program given certain criteria were
met. There were 14 commenters who
opposed the pilot program, and 3
additional comments were neutral in
their stance toward the pilot program.
Commenters Supportive or
Conditionally Supportive of the Pilot
Program: There were 17 commenters
who acknowledge their support of the
pilot program, and an additional three
commenters who acknowledged support
of the pilot program given certain
circumstances. Several of these
comments felt this would be a good
opportunity for young military
personnel to form a career based on
their military training. Several
comments offered suggestions or
considerations, which are detailed
below.
1. Consider the size and weight of the
vehicle for which the military
candidates are licensed to drive to avoid
accepting candidates who were trained
on or have experience with light
military vehicles only. In other words,
specify a type of vehicle requirement for
military participants to be trained in
and have experience on.
FMCSA Response: A review of the
vehicles used in each MOS was
conducted and it is expected that the
military driver will receive a CDL for a
class of vehicles that is comparable with

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the knowledge and experience. The
identified MOSs include 88M or 92F for
the U.S. Army, E.O. for the U.S. Navy,
3531 for the U.S. Marine Corps, and
2T1, 2F0, or 3E2 for the U.S. Airforce.
2. Consider having drivers pass an
approved driver training program before
participating in the pilot program.
FMCSA Response: A comparison of
the MOS training requirements against
the Entry Level Driver Training
curriculum requirements was completed
and determined that military training
programs often exceed the number of
classroom and behind-the-wheel
training hours that many/most entry
level drivers receive. The drivers in the
covered group will need to have passed
their military training in order to
participate in the study.
3. Consider excluding drivers from
the control sample for the same
reason(s) military personnel would be
disqualified from participating (e.g.,
disqualifications, suspensions, or
revocations in the past three years) and
extend the requirement that covered
drivers may not transport passengers or
hazardous materials, or operate doubles
or triples to the control group drivers as
well.
FMCSA Response: FMCSA does not
feel control group drivers or current
intrastate drivers should have
disqualification standards other than the
current FMCSA disqualification
regulations found in CFR 49 383.51, as
they are otherwise eligible to drive
currently. These drivers will not be
receiving any exemptions from the
current rules and regulations, so as long
as they remain in compliance with
FMCSA regulations they are eligible to
operate a CMV and therefore should be
eligible to participate in the pilot
program. No drivers participating in the
study will be allowed to transport
passengers, hazardous cargo, or to
operate a vehicle in special
configurations, as specified in the FAST
Act.
4. Clarify what is meant by ‘‘or be
subject to any OOS order’’ regarding
control driver requirements.
FMCSA Response: FMCSA will
remove control drivers from the pilot
program if they are subject to any out of
service orders issued by the Agency.
5. Specify that control drivers may not
be former covered drivers who have
aged out of the covered driver group.
FMCSA Response: This is the
intended study design, although
continuing data on these drivers will be
collected as possible to determine
trends with individual drivers.
6. Consider balancing the number of
covered and control drivers from each

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carrier to minimize the effects of carrier
differences in analysis.
FMCSA Response: This was
considered in the original study design;
however, it was determined that this
could be overly burdensome on small
carriers and may deter them from
participating; therefore, this is not a
requirement for participation in the
study.
7. Consider increasing the size of the
study groups and not setting a
maximum number on carriers who can
participate.
FMCSA Response: The size of the
groups has been estimated as a
minimum required sample size to
determine statistically valid results.
FMCSA does not have a limit to the
number of drivers or carriers that may
participate.
8. Consider widening the age range of
the control study group to increase
small carrier participation.
FMCSA Response: The control study
group age was originally proposed to be
from 21 to 26 years old in the Federal
Register Notice 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,’’ published on August 22,
2016 (81 FRN 56745). Based on
comments received on this Federal
Register Notice, FMCSA modified the
control group age range to a smaller,
younger control group that would be a
better comparison to other new, young
drivers.
9. Ensure data is evaluated by an
independent third party before being
analyzed by the working group.
FMCSA Response: The data and
analysis performed for this study will be
evaluated by at least three independent
peer reviewers who have appropriate
credentials prior to the working group
reviewing the findings.
10. Exercise caution when using CSA
scores to determine motor carrier
eligibility.
FMCSA Response: FMCSA will use
SMS percentiles in a fair manner to
determine carrier eligibility; however,
FMCSA has determined that evaluating
SMS percentiles prior to carrier
acceptance is necessary to ensure safety
to both pilot program participants and
the general motoring public.
11. Consider collecting additional
data, to include: Types of advanced
vehicle safety technologies in use, types
of vehicles being used by participating
drivers, type of freight hauled, type of
operating environment, as well as
specific details about the type and
duration of training the driver has

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received, to include both pre-CDL and
post-CDL training.
FMCSA Response: FMCSA agrees that
this information should be requested,
and has updated data collection forms
to reflect these items. However, FMCSA
will not preclude a carrier from
participation for not providing these
details if other requirements are met.
13. Consider a formal review process
for motor carriers who temporarily fall
out of compliance with the pilot
program requirements and want to reenter the program.
FMCSA Response: Carriers who fall
out of compliance with the pilot
program requirements will be dealt with
on an individual basis depending on
several factors, including evaluating the
severity of their lapse of compliance.
14. Allow for carriers to report driver
infractions (e.g., failure of a drug test,
crashes, violations, etc.) in one business
day as opposed to one 24-hour period.
FMCSA Response: FMCSA does not
agree that one business day is the
correct time frame for reporting these
infractions; however, FMCSA has
clarified that they should be reported
within one day of the carrier being
informed of any of these infractions.
Commenters Opposed to the Pilot
Program: Of the 14 commenters who
were against the pilot program, 13
comments were submitted by
individuals, while one comment was
submitted by the Advocates for
Highway and Auto Safety (Advocates).
Several commenters mentioned general
knowledge that younger drivers tend to
be less safe than older drivers. One
commenter mentioned concern over the
potential for younger drivers to be
treated harshly by the industry, and
several mentioned a lack of experience
that would be concerning. Advocates
additionally recommended requiring
both the use of an Electronic Logging
Device (ELD) and the use of an OnBoard Monitoring System (OBMS).
FMCSA Response: For those
commenters who expressed concern due
to immaturity and lack of experience of
younger drivers, FMCSA reiterates that
the pilot program will have stringent
participation criteria which includes
military training that exceeds most
entry-level driver training programs as
well as military experience operating a
heavy vehicle that is comparable to a
CMV. Participants must be trained in a
specific MOS which have been selected
as those most closely mirroring
experience with CMVs. Drivers will be
required to comply with current
regulations regarding ELDs, and while
most CMVs are equipped with OBMS
systems, FMCSA’s position is that
requiring use of an OBMS would limit

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the ability of smaller carriers to apply
for the program. In an effort to not bias
the sample, OBMS data will be collected
from participating drivers if the vehicle
they operate is already equipped with
that system; however, it is not a
requirement for participation.
Comments Neutral towards the Pilot
Program: There were three commenters
who did not voice whether they
supported or opposed the pilot program.
These comments included one voicing
concern over the industry turning away
these young drivers due to the difficult
nature of the industry and its lifestyle
(e.g., long periods away from home), a
commenter raising the need for a lot of
hands on training for anyone entering
the industry, and one commenter who
had questions and commentary
regarding expanding the pilot program,
current regulations, and the practices
their carrier follows. This commenter
also felt the current study design was
too onerous for small carriers and
geared more towards large carriers.
FMCSA Response: These comments
were not actionable with regard to this
pilot program. The FAST Act specifies
who should be included in the pilot
program, and the military training offers
extensive classroom and behind-thewheel training prior to being certified in
one of the relevant MOSs. Regarding the
burden on small carriers, FMCSA has
designed a study that is open to having
all carriers (small, medium, and large)
apply to the program, while still being
able to meet the safety needs of this
pilot program and collect enough data to
conduct a statistically meaningful
analysis. FMCSA has made several
efforts to assist with reducing the
burden on small carriers, such as not
making OBMS data a requirement, and
not requiring carriers to provide a driver
for each group on a one-for-one basis.
Issued under the authority delegated in 49
CFR 1.87 on: November 20, 2018.
G. Kelly Regal,
Associate Administrator for Office of
Research and Information Technology.
[FR Doc. 2018–25846 Filed 11–26–18; 8:45 am]

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[Docket No. FMCSA–2018–0320]

Qualification of Drivers; Exemption
Application; Narcolepsy
Federal Motor Carrier Safety
Administration (FMCSA), DOT.

AGENCY:

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Notice of application for
exemption; request for comments.

ACTION:

FMCSA announces receipt of
an application from Mr. Terry L. Curtner
for an exemption from the prohibition
in the Federal Motor Carrier Safety
Regulations (FMCSRs) against operation
of a commercial motor vehicle (CMV) in
interstate commerce by persons with
either a clinical diagnosis of epilepsy or
any other condition that is likely to
cause a loss of consciousness or any loss
of ability to control a CMV, or a mental,
nervous, organic, or functional disease
or psychiatric disorder likely to interfere
with his/her ability to drive a CMV
safely. If granted, the exemption would
enable Mr. Curtner who has been
diagnosed with narcolepsy and is
receiving medical treatment to operate
CMVs in interstate commerce.

SUMMARY:

Comments must be received on
or before December 27, 2018.

DATES:

You may submit comments
identified by the Federal Docket
Management System (FDMS) Docket ID
FMCSA–2018–0320 using any of the
following methods:
• Federal eRulemaking Portal: Go to
http://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: West Building
Ground Floor, Room W12–140, 1200
New Jersey Avenue SE, Washington,
DC, between 9 a.m. and 5 p.m., ET,
Monday through Friday, except Federal
Holidays.
• Fax: 1–202–493–2251.
To avoid duplication, please use only
one of these four methods. See the
‘‘Public-Participation’’ portion of the
SUPPLEMENTARY INFORMATION section for
instructions on submitting comments.
ADDRESSES:

Ms.
Christine A. Hydock, Chief, Medical
Programs Division, (202) 366–4001,
[email protected], FMCSA,
Department of Transportation, 1200
New Jersey Avenue SE, Room W64–
224,Washington, DC 20590–0001. Office
hours are from 8:30 a.m. to 5 p.m., ET,
Monday through Friday, except Federal
holidays. If you have questions
regarding viewing or submitting
material to the docket, contact Docket
Services, telephone (202) 366–9826.

FOR FURTHER INFORMATION CONTACT:

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SUPPLEMENTARY INFORMATION:

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