30-day FR for 2126-0075

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Respondents: Motor Carriers of
Property and Passengers, Drivers of
CMVs.
Estimated Number of Respondents:
4.24 million CMV drivers; 602,542
Motor Carriers.
Estimated Time per Response: CMV
drivers using technology: 2 minutes.
Motor Carriers: 2 minutes.
Expiration Date: July 31, 2022.
Frequency of Response: Drivers: 240
days per year; Motor carriers 240 days
per year.
Estimated Total Annual Burden:
50.37 million hours.
Background:
CMV drivers are limited in how long
they may remain in an on-duty or
driving status over specified periods of
time. The regulations outlining those
limits are found at 49 CFR part 395 and
are known as the ‘‘HOS regulations.’’
The HOS regulations require a motor
carrier to install, and requires each of its
drivers subject to the RODS rule to use,
an ELD to report the driver’s RODS.
These RODS are used to enforce
compliance with the HOS regulations.
As a condition of receiving certain
federal grants, States agree to adopt and
enforce the Federal Motor Carrier Safety
Regulations, including the HOS
regulations, as State law. As a result,
State enforcement inspectors use the
RODS and supporting documents to
determine whether CMV drivers are
complying with the HOS regulations. In
addition, FMCSA uses the RODS during
on-site and offsite investigations of
motor carriers and Federal and State
courts rely upon the RODS as evidence
of driver and motor carrier violations of
the HOS regulations. This information
collection supports DOT’s Strategic Goal
of Safety because the information helps
the agency ensure the safe operation of
CMVs in interstate commerce.
Renewal of This Information Collection
(IC)
The current IC burden estimate of the
HOS rules, approved by OMB on July
31, 2019, is 41.04 million hours. The
expiration date of the current ICR is July
31, 2022. Through this ICR renewal,
FMCSA requests a revision of the
paperwork burden of 2126–0001. The
Agency requests an increase in the
burden hours from 41.04 million hours
to 50.37 million hours. The increase is
the result of the increase in estimated
driver population as well as the increase
in expected industry growth rate for
drivers from 2020 to 2030. Two types of
information are collected under this IC:
(1) drivers’ RODS commonly referred to
as a logbook, and (2) supporting
documents, such as gasoline and toll
receipts, that motor carriers use to verify

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accuracy of RODS and document
expense deductions for income tax
filing purposes. The use of ELDs
reduces the driver’s time to input duty
status from 6.5 minutes to 2 minutes.
This IC includes only the estimate of 2
minutes for drivers and motor carriers.
On March 18, 2022, FMCSA
published a 60-day notice in the Federal
Register requesting public comments on
the proposed revision of this
information collection (87 FR 15488).
The Agency received comments filed
jointly by the Truck Safety Coalition
(TSC), Citizens for Reliable and Safe
Highways, and Parents Against Tired
Truckers and their volunteers in support
of this IC. The TSC wrote, ‘‘Our
organizations strongly support FMCSA’s
continuation of the collection Record of
Duty Status (RODS) records from
Electronic Logging Devices (ELDs) as
well as the supporting documentation,
to have the information needed to
inform safety-oriented rulemaking and
life-saving enforcement activities related
to HOS.’’
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 the
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 information
collected.
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. 2022–14628 Filed 7–8–22; 8:45 am]
BILLING CODE 4910–EX–P

DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[Docket No. FMCSA–2022–0081]

Agency Information Collection
Activities; Renewal of an Approved
Information Collection: Safe Driver
Apprenticeship Pilot Program
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 its
review and approval and invites public
comment. FMCSA requests approval to
renew the ICR titled ‘‘Safe Driver
Apprenticeship Pilot Program.’’ This
ICR was previously approved under
emergency procedures on January 24,
2022 and expires on July 31, 2022. The
ICR is necessary for FMCSA to conduct
a pilot program to determine the safety
impacts of allowing 18- to 20-year-old
commercial driver’s license (CDL)
holders to operate commercial motor
vehicles (CMVs) in interstate commerce.
The ICR will cover data collected on
drivers and carriers participating in the
pilot program.
DATES: Please send your comments by
August 10, 2022. OMB must receive
your comments by this date in order to
act quickly on the ICR.
ADDRESSES: Written comments and
recommendations for the proposed
information collection should be sent
within 30 days of publication of this
notice to www.reginfo.gov/public/do/
PRAMain. Find this particular
information collection by selecting
‘‘Currently under 30-day Review—Open
for Public Comments’’ or by using the
search function.
FOR FURTHER INFORMATION CONTACT:
Nicole Michel, Office of Analysis,
Research, and Technology, Research
Division, DOT, FMCSA, West Building,
6th Floor, 1200 New Jersey Avenue SE,
Washington, DC 20590–0001. 202–366–
4354; [email protected]. Office
hours are from 9 a.m. to 5 p.m., Monday
through Friday, except Federal
Holidays.
SUPPLEMENTARY INFORMATION:
Background: Current regulations on
driver qualifications (49 CFR part
391.11(b)(1)) state that a driver must be
21 years of age or older to operate a
CMV in interstate commerce. Currently,
drivers under the age of 21 may operate
CMVs only in intrastate commerce
subject to State laws and regulations.
Section 23022 of the Infrastructure
Investment and Jobs Act (IIJA), requires
the Secretary of Transportation to
conduct a commercial driver
Apprenticeship Pilot Program. An
apprentice is defined as a person under
the age of 21 who holds a CDL. Under
this program, these apprentices will
complete two probationary periods,
during which they may operate in
interstate commerce only under the
supervision of an experienced driver in
the passenger seat. An experienced
SUMMARY:

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Federal Register / Vol. 87, No. 131 / Monday, July 11, 2022 / Notices
driver is defined in section 23022 as a
driver who is not younger than 26 years
old, who has held a CDL and been
employed for at least the past 2 years,
who has at least 5 years of interstate
CMV experience, and meets the other
safety criteria defined in the IIJA.
The first probationary period must
include at least 120 hours of on duty
time, of which at least 80 hours are
driving time in a CMV. To complete this
probationary period, the employer must
determine competency in:
1. Interstate, city traffic, rural 2-lane,
and evening driving;
2. Safety awareness;
3. Speed and space management;
4. Lane control;
5. Mirror scanning;
6. Right and left turns; and
7. Logging and complying with rules
relating to hours of service.
The second probationary period must
include at least 280 hours of on-duty
time, including not less than 160 hours
driving time in a CMV. To complete this
probationary period, the employer must
determine competency in:
1. Backing and maneuvering in close
quarters;
2. Pre-trip inspections;
3. Fueling procedures;
4. Weighing loads, weight
distribution, and sliding tandems;
5. Coupling and uncoupling
procedures; and
6. Trip planning, truck routes, map
reading, navigation, and permits.
After completion of the second
probationary period the apprentice may
begin operating CMVs in interstate
commerce unaccompanied by an
experienced driver.
In addition to data regarding
successful completion of the
probationary periods, the IIJA requires
collection of data relating to any
incident in which a participating
apprentice is involved as well as other
data relating to the safety of apprentices.
Additional data will include crash data
(incident reports, police reports,
insurance reports), inspection data,
citation data, safety event data (as
recorded by all safety systems installed
on vehicles, to include advanced driver
assistance systems, automatic
emergency braking systems, onboard
monitoring systems, and required
forward-facing and in-cab video
systems) as well as exposure data
(record of duty status logs, on-duty time,
driving time, and time spent away from
home terminal). Additionally, carriers
will be asked to report any additional or
remedial training being given to
participating drivers. This data will be
submitted monthly by participating
motor carriers. The data collected will

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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 (SDAP) Program.
All motor carriers who are approved for
the program by FMCSA will also be
required to become Registered
Apprenticeships (RAs) under 29 CFR
part 29 before they can submit
information on their experienced
drivers and apprentices. The
information collection burden for the
DOL/ETA RA Program can be found in
approved ICR 1205–0223.
The statutory mandate for this pilot
program is contained in section 23022
of the IIJA. FMCSA’s regulatory
authority for initiation of a pilot
program is found in 49 CFR 381.400.
The SDAP program supports the DOT
strategic goal of economic strength
while maintaining DOT and FMCSA’s
commitment to safety.
Publication History: On January 7,
2022, FMCSA published a notice in the
Federal Register seeking public
comment on the emergency approval of
this ICR (87 FR 1001). A total of 144
comments were received on that notice;
you may find a discussion of these

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41165

comments in the 60-day notice that
published in the Federal Register (87
FR 23010).
On April 18, 2022, FMCSA published
a 60-day notice in the Federal Register,
announcing its intention to request that
OMB renew the emergency information
collection approval for a full 3-years.
FMCSA received 16 comments in the
docket for that notice. Of these, nine
were comments on the ICR, and seven
were misfiled comments on a separate
notice issued by FMCSA. Of the nine
comments on the ICR, four were
submitted by individuals. The
remaining three comments were filed by
Samsara Inc., the American Trucking
Associations (ATA), the Shippers
Coalition, the American Property
Casualty Insurance Association
(APCIA), and jointly by the Truck Safety
Coalition (TSC), Citizens for Reliable
and Safe Highways (CRASH), and
Parents Against Tired Truckers (PATT).
Comment Discussion: The comments
received from the Shippers Coalition,
ATA, Samsara, Inc., and two of the
individuals supported the SDAP
Program generally, and the information
collection discussed in the 60-day
notice. One of the individual
commenters caveated his support by
noting that both apprentice and
experienced drivers must be thoroughly
vetted for safety. The other individual
questioned why the number of
apprentice participants is being capped
at 3,000. ATA commended FMCSA on
clarifying the burden estimate and
recommended that FMCSA re-consider
other suggestions posed in their prior
comment.
Response: FMCSA appreciates the
support and will be ensuring a thorough
vetting of participating motor carriers,
experienced drivers, and apprentices.
As to the number of participants, the
IIJA limits the total number of
apprentices in the program at any one
time to 3000 (see IIJA § 23022(b)(4)).
Regarding ATA’s suggestion on
minimizing burden for the monthly data
collection, FMCSA is committed to
working with participating carriers to
ensure data is collected in a meaningful
and least-burdensome method.
The comments submitted by the
remaining two individuals focused on
elements of or questions on the
underlying SDAP Program and were not
specific to the ICR. One of these
individuals questioned who will insure
the ‘‘high risk young drivers.’’ The other
noted that he does not think the SDAP
Program will help alleviate a truck
driver shortage, stating that trucking
companies will just mistreat young
drivers the way they mistreat drivers

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Federal Register / Vol. 87, No. 131 / Monday, July 11, 2022 / Notices

over the age of 21, resulting in more
drivers leaving the profession.
Response: FMCSA is not in a position
to answer the question about who will
insure the apprentice drivers, but notes
that any motor carrier wishing to
participate in the SDAP Program will
need to provide proof that their
apprentice drivers are covered by a
valid insurance policy, or that the motor
carrier is a participant in FMCSA’s selfinsurance program. As to the comment
regarding mistreatment of apprentice
drivers, FMCSA notes that the
requirements for RA programs under
DOL regulations provide protection
from the type of mistreatment the
commenter discussed. This is one
reason why FMCSA partnered with the
DOL and is requiring that motor carriers
participating in the SDAP Program also
become Registered Apprenticeship
participants.
APCIA’s comment raised questions
regarding the data FMCSA will collect
and the data that FMCSA will use as
comparison data. APCIA stated that
FMCSA ‘‘must show that participating
drivers are no more likely than the
current population of interstate
commercial truck drivers [to] have
highway accidents.’’ APCIA also noted
that the information collected should
capture any additional training that
individual motor carriers may add, on
top of those required by the SDAP
Program, and requested that the final
public data set include detailed
statistical information on the program’s
safety results, to aid insurers in making
decisions in the future.
Response: While the APCIA has
provided statistics on crash rates of
younger drivers, one of the key
components of this pilot program is to
identify how a structured training and
probationary period can enhance the
safety of younger CMV operators, which
can only be determined through
conducting the pilot program. FMCSA
agrees that it is important to collect
information on any remedial or
additional training that occurs and has
included this information in the
monthly data collection plan. FMCSA
will publish all detailed statistics
collected during the study provided no
personally identifiable information is
included.
Finally, TSC, CRASH, and PATT
noted their opposition to the SDAP
Program, and urged that FMCSA
immediately terminate it. In the
alternative, the commenters requested
that FMCSA add several requirements to
the SDAP Program, including: extending
requirements for the technology that is
required to be installed in a CMV past
the probationary periods to the entirety

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of the apprenticeship; requiring both
front- and rear-facing cameras; and
requiring all participating motor carriers
to agree to a compliance review or DOT
audit within 18 months of acceptance
into the SDAP Program. Additionally,
Samsara, Inc. also recommended
requiring both forward facing and in-cab
camera views.
Response: FMCSA agrees with and
accepts the requirement for both
forward facing- and rear- (in-cab) facing
cameras throughout the participation
period of apprentices to be able to
collect adequate safety data. Requiring
additional technology, such as speed
limiters or active braking mitigation
devices past the probationary period
could be prohibitive to smaller carriers
wishing to participate, and therefore
FMCSA has decided not to extend the
technology requirements past what is in
the IIJA. FMCSA will note that the
adoption of these technologies is
steadily increasing, and it is therefore
likely that a large percentage of
apprentices, if not all, will continue to
utilize these technologies throughout
their tenure in the program despite the
lack of requirement. FMCSA will collect
data on a monthly basis regarding which
technologies are actively employed on
the vehicles which apprentices are
driving. FMCSA requiring a compliance
review or DOT audit of up to 1,000
carriers participating in the program
would detract resources from carriers
who have been flagged for a compliance
review or DOT audit due to safetyrelated reasons. This requirement is not
feasible for FMCSA to implement at this
time.
Title: Safe Driver Apprenticeship Pilot
Program.
OMB Control Number: 2126–0075.
Type of Request: Renewal of an
information collection previously
approved under emergency authority.
Respondents: Motor carriers; drivers.
Estimated Number of Respondents:
14,830 total (1,600 motor carriers and
13,230 CMV drivers); 5,410 annually
(1,000 carriers and 4,410 CMV drivers).
Estimated Time per Response:
Application (motor carrier, apprentice
driver, and experienced driver): 20
Minutes; safety benchmark
certifications: 15 Minutes; monthly
driving and safety data: 60 Minutes;
miscellaneous data submission: 90
Minutes.
Expiration Date: July 31, 2022.
Frequency of Response: Application
(motor carrier, apprentice driver, and
experienced driver): Once; safety
benchmark certifications: Twice for
each apprentice driver; monthly driving
and safety data: Monthly; miscellaneous
data submissions: Monthly.

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Estimated Total Annual Burden:
169,344 hours total, or 56,448 hours
annually (motor carriers: 164,934 hours
total, or 54,978 hours annually, which
includes a one-time application, two
safety benchmark certifications for each
participating apprentice, and monthly
driving and safety data on all
participating apprentices as well as
miscellaneous data submissions;
drivers: 13,797 hours total, or 4,599
hours annually which includes a 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. 2022–14626 Filed 7–8–22; 8:45 am]
BILLING CODE 4910–EX–P

DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
[Docket No. FRA–2022–0002–N–11]

Proposed Agency Information
Collection Activities; Comment
Request
Federal Railroad
Administration (FRA), Department of
Transportation (DOT).
ACTION: Notice of information collection;
request for comment.
AGENCY:

Under the Paperwork
Reduction Act of 1995 (PRA) and its
implementing regulations, this notice
announces that FRA is forwarding the
Information Collection Request (ICR)
abstracted below to the Office of
Management and Budget (OMB) for
review and comment. The ICR describes
the information collection and its
expected burden. On April 1, 2022, FRA
published a notice providing a 60-day
period for public comment on the ICR.
DATES: Interested persons are invited to
submit comments on or August 10,
2022.
SUMMARY:

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