Attachment K - 60-day FRN

23010

Federal Register / Vol. 87, No. 74 / Monday, April 18, 2022 / Notices

Erin
Nicholson, Office of Agricultural
Affairs, at 202–395–9419 or
[email protected].
SUPPLEMENTARY INFORMATION: Pursuant
to Additional U.S. Note 5 to chapter 17
of the Harmonized Tariff Schedule of
the United States (HTSUS), the United
States maintains WTO TRQs for imports
of raw cane and refined sugar. Section
404(d)(3) of the Uruguay Round
Agreements Act (19 U.S.C. 3601(d)(3))
authorizes the President to allocate the
in-quota quantity of a TRQ for any
agricultural product among supplying
countries or customs areas. The
President delegated this authority to the
U.S. Trade Representative under
Presidential Proclamation 6763 (60 FR
1007).
On September 13, 2021, the Secretary
of Agriculture established the FY 2022
TRQ for imported raw cane sugar at the
minimum to which the United States is
committed pursuant to the WTO
Uruguay Round Agreements (1,117,195
metric tons raw value (MTRV)
conversion factor: 1 metric ton =
1.10231125 short tons). On September
16, 2021, USTR provided notice of
country-by-country allocations of the FY
2022 in-quota quantity of the WTO TRQ
for imported raw cane sugar. See 86 FR
51712. Based on consultation with
quota holders, the U.S. Trade
Representative has determined to
reallocate 201,551 MTRV of the original
TRQ quantity from those countries that
have stated they do not plan to fill their
FY 2022 allocated raw cane sugar
quantities. The U.S. Trade
Representative is allocating the 201,551
MTRV to the following countries in the
amounts specified below:

Management System (FDMS) Docket
Number FMCSA–2022–0081 using any
Country
of the following methods:
• Federal eRulemaking Portal: http://
www.regulations.gov. Follow the online
Peru ......................................
10,514 instructions for submitting comments.
• Fax: 1–202–493–2251.
South Africa ..........................
5,898
• Mail: Dockets Operations; U.S.
Thailand ................................
3,590
Zimbabwe .............................
3,077 Department of Transportation, 1200
New Jersey Avenue SE, West Building,
Ground Floor, Room W12–140,
The allocations of the raw cane sugar
Washington, DC 20590–0001.
WTO TRQ to countries that are net
• Hand Delivery or Courier: U.S.
importers of sugar are conditioned on
Department of Transportation, 1200
receipt of the appropriate verifications
New Jersey Avenue SE, West Building,
of origin. Certificates for quota
Ground Floor, Room W12–140,
eligibility must accompany imports
Washington, DC, 20590–0001 between 9
from any country for which an
a.m. and 5 p.m. E.T., Monday through
allocation has been provided.
Friday, except Federal holidays.
Greta M. Peisch,
Instructions: All submissions must
General Counsel, Office of the United States
include the Agency name and docket
Trade Representative.
number. For detailed instructions on
[FR Doc. 2022–08246 Filed 4–15–22; 8:45 am]
submitting comments, see the Public
BILLING CODE 3390–F2–P
Participation heading below. Note that
all comments received will be posted
without change to https://
DEPARTMENT OF TRANSPORTATION www.regulations.gov, including any
personal information provided. Please
Federal Motor Carrier Safety
see the Privacy Act heading below.
Docket: For access to the docket to
Administration
read background documents or
[Docket No. FMCSA–2022–0081]
comments received, go to https://
www.regulations.gov, and follow the
Agency Information Collection
online instructions for accessing the
Activities; Renewal of an Approved
docket, or go to the street address listed
Information Collection: Safe Driver
above.
Apprenticeship Pilot Program
Privacy Act: In accordance with 5
AGENCY: Federal Motor Carrier Safety
U.S.C. 553(c), DOT solicits comments
Administration (FMCSA), Department
from the public to better inform its
of Transportation (DOT).
rulemaking process. DOT posts these
comments, without edit, including any
ACTION: Notice and request for
personal information the commenter
comments.
provides, to www.regulations.gov, as
SUMMARY: In accordance with the
described in the system of records
Paperwork Reduction Act of 1995,
notice (DOT/ALL–14 FDMS), which can
FMCSA announces its plan to submit
be reviewed at www.dot.gov/privacy.
FY 2022
the information collection request (ICR)
Public Participation: The Federal
raw sugar
described below to the Office of
eRulemaking Portal is available 24
unused
Management and Budget (OMB) for its
reallocation
hours each day, 365 days each year. You
(MTRV)
review and approval and invites public
can obtain electronic submission and
comment. The FMCSA request approval retrieval help and guidelines under the
11,027 to renew an ICR titled, ‘‘Safe Driver
‘‘FAQ’’ section of the Federal
21,284
Apprenticeship
Pilot
Program.’’
This
eRulemaking Portal website. If you want
1,795
us to notify you that we received your
2,821 ICR was previously approved under
comments, please include a self2,051 emergency procedures on January 24,
37,182 2022, and expires on July 31, 2022. The
addressed, stamped envelope or
6,154 ICR is necessary for FMCSA to conduct
postcard, or print the acknowledgement
3,846 a pilot program to determine the safety
page that appears after submitting
40,000 impacts of allowing 18- to 20-year-old
comments online. Comments received
2,821 commercial driver’s license (CDL)
after the comment closing date will be
6,667
included in the docket and will be
4,103 holders to operate commercial motor
2,308 vehicles (CMVs) in interstate commerce. considered to the extent practicable.
12,309 The ICR will cover data collected on
FOR FURTHER INFORMATION CONTACT:
3,077 drivers and carriers participating in the
Nicole Michel, Office of Analysis
2,564 pilot program.
Research and Technology/Research
2,051 DATES: Comments on this notice must be
Division, DOT, FMCSA, West Building
2,564
6th Floor, 1200 New Jersey Avenue SE,
3,077 received on or before June 17, 2022.
Washington, DC 20590–0001; 202–366–
3,334 ADDRESSES: You may submit comments
7,437 identified by Federal Docket
4354; [email protected].

FOR FURTHER INFORMATION CONTACT:

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Country

Argentina ..............................
Australia ................................
Barbados ..............................
Belize ....................................
Bolivia ...................................
Brazil .....................................
Colombia ...............................
Costa Rica ............................
Dominican Republic ..............
Ecuador ................................
El Salvador ...........................
Eswatini (Swaziland) ............
Fiji .........................................
Guatemala ............................
Guyana .................................
Honduras ..............................
India ......................................
Malawi ...................................
Mauritius ...............................
Mozambique .........................
Panama ................................

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FY 2022
raw sugar
unused
reallocation
(MTRV)

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Federal Register / Vol. 87, No. 74 / Monday, April 18, 2022 / Notices

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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
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,
and 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
data collection for data relating to any

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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 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).
This data will be submitted monthly
through 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 § 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 Program (SDAP).
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

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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 § 381.400. The Apprentice
Pilot Program supports the DOT
strategic goal of economic strength
while maintaining DOT and FMCSA’s
commitment to safety.
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, which are
summarized here.
• Of the 144 comments received, 134
comments were from individuals while
10 comments were from organizations,
associations, or motor carriers.
• A total of 31 comments supported
the SDAP, which consisted of 25
individuals and 6 organizations,
associations, or motor carriers.
• A total of 102 comments were
opposed to the SDAP, which consisted
of 98 individuals and 4 organizations,
associations, or motor carriers. The
majority of these comments cited
previous studies showing age as a factor
in safe driving performance, concerns
that drivers would not be compensated
properly, or that the industry would
‘‘take advantage’’ of younger drivers.
• A total of 11 comments, all from
individuals, were neutral towards the
SDAP.
Several comments provided
recommendations on how to conduct
the pilot program. These are
summarized below.
• Recommendation: Extend the
probationary period to 6 months.
Response: While there is no
prohibition toward individual carriers,
or even individual drivers on a case-bycase basis having the probationary
period extended, FMCSA has decided
this would fundamentally alter the
intention behind section 23022 of the
IIJA and therefore has not included this
recommendation as part of the pilot
program design.
• Recommendation: Require
additional performance benchmarks,
such as mountainous driving.
Response: FMCSA does not consider
mountainous driving to be broad
enough to be required by all
apprentices, as some may never require
mountainous driving. These additional
performance requirements should be
considered at the discretion of each
carrier and experienced driver to impart
the knowledge required for apprentices
operating in each unique circumstance.

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Federal Register / Vol. 87, No. 74 / Monday, April 18, 2022 / Notices

• Recommendation: Require that
apprentices continue utilizing required
technology throughout the entire pilot
program.
Response: Apprentices will be
required to continue operating a vehicle
equipped with onboard monitoring
systems (OBMS) until they turn 21 years
old and no longer require an exemption
to operate in interstate commerce.
Regarding other technology, such as
active braking collision mitigation
systems and governed speed limiters,
FMCSA has determined it is best to
follow the requirements as laid out in
the IIJA to enable naturalistic data
collection of how these drivers would
operate in a real-world setting.
Furthermore, by requiring these
technologies only during the
apprenticeship period, data may be
gathered to allow additional insights
into the benefits of these technologies
for this age group.
• Recommendation: Increase the
requirements for experienced drivers to
have 5 consecutive years with no
violations, crashes, etc.
Response: FMCSA does not find
benefit or reason to increase the
requirement on experienced drivers
from that which is described in the IIJA.
• Recommendation: Ensure
experienced drivers are logged as on
duty, not driving when monitoring
apprentices.
Response: FMCSA agrees that
experienced drivers must be logged as
on duty, not driving when they are in
the passenger seat observing apprentice
drivers. This will be made clear to
program participants.
• Recommendation: Visibly identify
drivers with high visibility markings,
such as stickers.
Response: FMCSA disagrees with this
recommendation as it has the potential
to bias the data collection by creating a
potential for behavior changes in
surrounding drivers that decreases the
integrity of naturalistic data collection.
Furthermore, this could impact the
ability to properly compare safety
performance of these drivers with other
drivers.
• Recommendation: Revoke a driver’s
CDL and expel carriers for any crashes
resulting in death, injury, or property
damage. Substantial violations of
program rules should have penalties
including suspension of an experienced
driver’s CDL, suspension of apprentices
from the program, and/or fines for motor
carriers.
Response: FMCSA does not have the
authority to revoke CDLs, as these are
issued by State driver’s licensing
agencies. FMCSA retains the right to
remove an exemption from a

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participating driver, carrier, or both if
they are determined to present a safety
concern. FMCSA cannot impose fines
on a motor carrier for failing to meet the
requirements of a voluntary pilot
program; however, FMCSA retains the
right to revoke a motor carrier’s
participation in the study if they fail to
meet the requirements of the program.
• Recommendation: Add a
requirement for becoming a registered
apprentice with DOL.
Response: FMCSA agrees that
participating carriers must have a
registered apprenticeship with the DOL.
• Recommendation: Increase
minimum rate of liability insurance to
$10 million for participating carriers.
Response: Minimum financial
liability requirements are set by
regulatory statute. FMCSA does not
have the authority to increase this rate
for participating carriers.
• Recommendation: Reduce monthly
burden by clarifying what safety event
data is required.
Response: FMCSA has clarified that
the safety event data provided will be
the summary of safety events (including
participating driver identification, time,
date, and type of safety event for each
event) as opposed to all recorded video
data. It is intended that this data will be
the reduced data from a carrier’s OBMS
provider which can be used for
coaching or training purposes.
• Recommendation: Have a hotline
number to report violations of program
rules.
Response: Participating drivers will
be provided with information on how to
report coercion or potential violations of
the program through the research team.
• Recommendation: Conduct regular,
anonymized surveys of trainers and
apprentices to assess compliance.
Response: FMCSA is confident the
monthly data provided as a requirement
of participation in the study will
illuminate any areas of non-compliance
with the program.
• Recommendation: Carriers must
submit electronic logs from electronic
logging devices on a quarterly basis.
Response: Carriers are required to
submit monthly exposure data that will
cover the same information contained in
electronic logs as well as additional
information, such as days away from
home duty station.
• Recommendation: FMCSA should
produce guidance literature to orient all
trainers and apprentices.
Response: FMCSA will develop
materials for electronic distribution to
participating carriers who can then
provide this information to their
participating drivers that contains
information on participation

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requirements and contact information
for the research team in case there are
questions from the driver. Additionally,
FMCSA will maintain the website
(fmcsa.dot.gov/safedriver) with
frequently asked questions and
resources for participating carriers and
drivers.
• Recommendation: FMCSA should
establish an independent oversight
board for the program composed of
experienced drivers, industry
stakeholders, and safety and training
experts to meet quarterly and produce
regular assessments of program safety.
Response: FMCSA will be reviewing
safety data on a monthly basis to
determine if there are any immediate
safety concerns. As authorized by 49
CFR part 381, FMCSA may remove a
driver, carrier, or terminate the program
at any time if safety concerns are
identified.
• Recommendation: FMCSA should
require carriers, as a condition of their
participation in the program, to report
driver and trainer compensation during
the time they are working in the
program.
Response: Carriers will have to report
compensation information on
apprentice drivers to comply with the
DOL RA requirements.
• Recommendation: Compensable
working time should follow the
definition recognized by the DOL’s
Wage and Hour Division.
Response: FMCSA does not have
authority to regulate compensation or
wages.
Additionally, some commenters felt
that becoming a registered apprentice
with DOL would be too burdensome
and is an additional requirement that
was not in the IIJA. While this
requirement was not specifically part of
the IIJA, FMCSA maintains that a
registered apprenticeship with DOL is
an important step in the safety and
monitoring oversight of the SDAP to
minimize the risk of apprentice drivers
experiencing coercion, unfair wages, or
other practices that could lead to unsafe
behaviors from apprentice drivers.
Finally, there were several
clarification questions received on the
notice, which included the following:
• How will the control group be
selected for comparison?
Response: FMCSA will not be
collecting data on a specific control
group for this study. FMCSA will be
utilizing already existing data on
current CMV operators to compare
inspection and crash rates of known
drivers as compared to the data
collected on apprentice drivers.
Additionally, FMCSA will analyze the
safety performance of apprentices

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Federal Register / Vol. 87, No. 74 / Monday, April 18, 2022 / Notices
before, during, and after their
probationary periods.
• How will FMCSA decide whether
the SDAP should be extended,
expanded, or discontinued in the final
data analysis?
Response: FMCSA is restricted by the
limitations in the IIJA as well as the
limitations in 49 CFR part 381.
Therefore, the SDAP will not be
extended or expanded at any point. The
study may be discontinued at FMCSA’s
discretion at any point.
• What quantitative safety metrics, if
any, will be part of the final analysis?
If crashes and fatalities occur during the
program, will those be made public?
Response: FMCSA will conduct
analysis on all data collected, to include
crashes, inspections, and safety events.
All analysis will be peer reviewed and
contained in a final report. Crashes and
fatalities occurring during the program
will be contained in the analysis but
identifying information on drivers will
not be made public to ensure the
research is conducted in an ethical
manner that protects the privacy of
participating individuals.
• Will FMCSA continue gathering
data from apprentices once they begin
operating CMVs in interstate commerce
unaccompanied by an experienced
driver?
Response: FMCSA will continue
gathering data from apprentices until
they turn 21 years old and no longer
require an exemption to operate in
interstate commerce.
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
sand safety data: Monthly;
miscellaneous data submissions:
Monthly.
Estimated Total Annual Burden:
169,344 hours total, or 56,448 hours

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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 onetime 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. 2022–08229 Filed 4–15–22; 8:45 am]
BILLING CODE 4910–EX–P

DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety
Administration
[Docket No. NHTSA–2021–0016]

Agency Information Collection
Activities; Notice and Request for
Comment; Countermeasures That
Work
National Highway Traffic
Safety Administration (NHTSA),
Department of Transportation (DOT).
ACTION: Notice and request for public
comment on a reinstatement with
modification of a previously approved
collection of information.
AGENCY:

The National Highway Traffic
Safety Administration (NHTSA) invites
public comments about our intention to
request approval from the Office of
Management and Budget (OMB) for a
reinstatement with modification of a
previously approved collection of
information. Before a Federal agency
can collect certain information from the
public, it must receive approval from
OMB. Under procedures established by

SUMMARY:

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the Paperwork Reduction Act of 1995,
before seeking OMB approval, Federal
agencies must solicit public comment
on proposed collections of information,
including extensions and reinstatements
of previously approved collections. This
document describes an Information
Collection Request (ICR) for which
NHTSA intends to seek OMB approval
to conduct a survey that will inform the
development of the 12th edition of
Countermeasures That Work and
structured interviews to populate and
update the 2nd edition of
Countermeasures At Work.
DATES: Comments must be received on
or before June 17, 2022.
ADDRESSES: You may submit comments
identified by DOT Docket ID Number
NHTSA–2021–0016 using any of the
following methods:
• Electronic submissions: Go to
http://www.regulations.gov. Follow the
on-line instructions for submitting
comments.
• Mail: Docket Management Facility,
M–30, U.S. Department of
Transportation, 1200 New Jersey
Avenue SE, West Building Ground
Floor, Room W12–140, Washington, DC
20590.
• Hand Delivery: West Building
Ground Floor, Room W12–140, 1200
New Jersey Avenue SE, Washington,
DC, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
To be sure someone is there to help you,
please call (202) 366–9322 before
coming.
• Fax: 1–202–493–2251.
Instructions: Each submission must
include the Agency name and the
Docket number for this Notice. Note that
all comments received will be posted
without change to http://
www.regulations.gov including any
personal information provided. Please
see the Privacy Act heading below.
Privacy Act: Anyone is able to search
the electronic form of all comments
received into any of our dockets by the
name of the individual submitting the
comment (or signing the comment, if
submitted on behalf of an association,
business, labor union, etc.). You may
review DOT’s complete Privacy Act
Statement in the Federal Register
published on April 11, 2000 (65 FR
19477–78) or you may visit https://
www.transportation.gov/privacy.
Docket: For access to the docket to
read background documents or
comments received, go to http://
www.regulations.gov or the street
address listed above. Follow the online
instructions for accessing the dockets
via internet.

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