Commercial Driver's License: United Parcel Service, Inc. (UPS); Application for Exemptions, 10810-10811 [2020-03710]
Download as PDF
<![CDATA[
10810
Federal Register / Vol. 85, No. 37 / Tuesday, February 25, 2020 / Notices
may view the docket online by visiting
Docket Operations 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.
B. Privacy Act
In accordance with 5 U.S.C. 553(c),
DOT solicits comments from the public
to better inform its rulemaking process.
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.transportation.gov/privacy.
II. Background
On December 30, 2019, FMCSA
published a notice announcing its
decision to renew exemptions for 11
individuals from the epilepsy and
seizure disorders prohibition in 49 CFR
391.41(b)(8) to operate a CMV in
interstate commerce and requested
comments from the public (84 FR
72112). The public comment period
ended on January 29, 2020, and one
comment was received.
FMCSA has evaluated the eligibility
of these applicants and determined that
renewing these exemptions would
achieve a level of safety equivalent to,
or greater than, the level that would be
achieved by complying with
§ 391.41(b)(8).
The physical qualification standard
for drivers regarding epilepsy found in
§ 391.41(b)(8) states that a person is
physically qualified to drive a CMV if
that person has no established medical
history or clinical diagnosis of epilepsy
or any other condition which is likely
to cause the loss of consciousness or any
loss of ability to control a CMV.
In addition to the regulations, FMCSA
has published advisory criteria 1 to
assist medical examiners in determining
whether drivers with certain medical
conditions are qualified to operate a
CMV in interstate commerce.
jbell on DSKJLSW7X2PROD with NOTICES
III. Discussion of Comments
FMCSA received one comment in this
proceeding. This comment supported
granting these exemptions.
IV. Conclusion
Based on its evaluation of the 11
renewal exemption applications and
1 These criteria may be found in APPENDIX A TO
PART 391—MEDICAL ADVISORY CRITERIA,
section H. Epilepsy: § 391.41(b)(8), paragraphs 3, 4,
and 5, which is available on the internet at https://
www.gpo.gov/fdsys/pkg/CFR-2015-title49-vol5/pdf/
CFR-2015-title49-vol5-part391-appA.pdf.
VerDate Sep<11>2014
20:34 Feb 24, 2020
Jkt 250001
comment received, FMCSA announces
its decision to exempt the following
drivers from the epilepsy and seizure
disorders prohibition in § 391.41(b)(8).
In accordance with 49 U.S.C. 31136(e)
and 31315(b), the following groups of
drivers received renewed exemptions in
the month of December and are
discussed below.
As of December 16, 2019, and in
accordance with 49 U.S.C. 31136(e) and
31315(b), the following five individuals
have satisfied the renewal conditions for
obtaining an exemption from the
epilepsy and seizure disorders
prohibition in the FMCSRs for interstate
CMV drivers (84 FR 72112):
William Brown (NC)
Robert J. Forney (WI)
Curtis Alan Hartman (MD)
Wendell F. Headley (MO)
Marion Legg (MD)
The drivers were included in docket
numbers FMCSA–2015–0115, FMCSA–
2015–0116, and FMCSA–2015–0119.
Their exemptions are applicable as of
December 16, 2019, and will expire on
December 16, 2021.
As of December 23, 2019, and in
accordance with 49 U.S.C. 31136(e) and
31315(b), the following five individuals
have satisfied the renewal conditions for
obtaining an exemption from the
epilepsy and seizure disorders
prohibition in the FMCSRs for interstate
CMV drivers (84 FR 72112):
Gary Freeman (WI)
Aaron Gillette (SD)
David Kestner (VA)
Chad Smith (MA)
Trever Williams (MN)
The drivers were included in docket
number FMCSA–2006–25854, FMCSA–
2013–0108, and FMCSA–2014–0382.
Their exemptions are applicable as of
December 23, 2019, and will expire on
December 23, 2021.
As of December 28, 2019, and in
accordance with 49 U.S.C. 31136(e) and
31315(b), the following individual has
satisfied the renewal conditions for
obtaining an exemption from the
epilepsy and seizure disorders
prohibition in the FMCSRs for interstate
CMV driver (84 FR 72112): David
Pamperin (WI).
This driver was included in docket
number FMCSA–2017–0252. His
exemption is applicable as of December
28, 2019, and will expire on December
28, 2021.
In accordance with 49 U.S.C.
31315(b), each exemption will be valid
for 2 years from the effective date unless
revoked earlier by FMCSA. The
exemption will be revoked if the
following occurs: (1) The person fails to
comply with the terms and conditions
PO 00000
Frm 00164
Fmt 4703
Sfmt 4703
of the exemption; (2) the exemption has
resulted in a lower level of safety than
was maintained prior to being granted;
or (3) continuation of the exemption
would not be consistent with the goals
and objectives of 49 U.S.C. 31136(e) and
31315(b).
Issued on: February 12, 2020.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2020–03707 Filed 2–24–20; 8:45 am]
BILLING CODE 4910–EX–P
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[Docket No. FMCSA–2020–0069]
Commercial Driver’s License: United
Parcel Service, Inc. (UPS); Application
for Exemptions
Federal Motor Carrier Safety
Administration (FMCSA), DOT.
ACTION: Notice of application for
exemptions; request for comments.
AGENCY:
FMCSA announces that UPS
has requested a limited exemption from
certain commercial driver’s license
(CDL) regulations. Specifically, UPS is
requesting that its driver-trainees
holding commercial learners permits
(CLPs) be permitted to operate twin 28foot trailers on a public road to obtain
behind-the-wheel (BTW) skills training
under the direct supervision of a driving
instructor. Federal CDL regulations do
not allow an employer to permit a driver
to operate a commercial motor vehicle
(CMV) during any period in which the
driver does not have a CLP or CDL with
the proper class or endorsements; the
regulations do not permit a double/
triple trailers endorsement on a CLP.
FMCSA requests public comment on
UPS’s application for exemption. A
copy of UPS’ application for exemption
is available for review in the docket for
this notice.
DATES: Comments must be received on
or before March 26, 2020.
ADDRESSES: You may submit comments
identified by Federal Docket
Management System (FDMS) Number
FMCSA–2020–0069 by any of the
following methods:
• Federal eRulemaking Portal:
www.regulations.gov. See the Public
Participation and Request for Comments
section below for further information.
• 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.
SUMMARY:
E:\FR\FM\25FEN1.SGM
25FEN1
Federal Register / Vol. 85, No. 37 / Tuesday, February 25, 2020 / Notices
• Hand Delivery or Courier: West
Building, Ground Floor, Room W12–
140, 1200 New Jersey Avenue SE,
between 9 a.m. and 5 p.m. E.T., 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.
Docket: For access to the docket to
read background documents or
comments, go to www.regulations.gov at
any time or visit Room W12–140 on the
ground level of the West Building, 1200
New Jersey Avenue SE, Washington,
DC, between 9 a.m. and 5 p.m., ET,
Monday through Friday, except Federal
holidays. The on-line FDMS is available
24 hours each day, 365 days each year.
Privacy Act: In accordance with 5
U.S.C. 553(c), DOT solicits comments
from the public to better inform its
rulemaking process. 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: Ms.
Pearlie Robinson, Driver and Carrier
Operations Division; Office of Carrier,
Driver and Vehicle Safety Standards,
FMCSA, at 202–366–4325 or by email at
MCPSD@dot.gov. If you have questions
on viewing or submitting material to the
docket, contact Docket Services at (202)
366–9826.
SUPPLEMENTARY INFORMATION:
I. Public Participation and Request for
Comments
FMCSA encourages you to participate
by submitting comments and related
materials.
jbell on DSKJLSW7X2PROD with NOTICES
Submitting Comments
If you submit a comment, please
include the docket number for this
notice (FMCSA–2020–0069), 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 or
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.
VerDate Sep<11>2014
20:34 Feb 24, 2020
Jkt 250001
To submit your comment online, go to
www.regulations.gov and put the docket
number, ‘‘FMCSA–2020–0069’’ in the
‘‘Keyword’’ box, and click ‘‘Search.’’
When the new screen appears, click on
‘‘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 81⁄2 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, selfaddressed postcard or envelope.
Viewing Comments and Documents
To view comments, as well as
documents mentioned in this preamble
as being available in the docket, go to
www.regulations.gov and insert the
docket number, ‘‘FMCSA–2020–0069’’
in the ‘‘Keyword’’ box and click
‘‘Search.’’ Next, click ‘‘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., e.t., Monday
through Friday, except Federal holidays.
II. Legal Basis
FMCSA has authority under 49 U.S.C.
31136(e) and 31315 to grant exemptions
from certain Federal Motor Carrier
Safety Regulations (FMCSRs). FMCSA
must publish a notice of each exemption
request in the Federal Register (49 CFR
381.315(a)). The Agency must provide
the public an opportunity to inspect the
information relevant to the application,
including any safety analyses that have
been conducted. The Agency must
provide an opportunity for public
comment on the request.
The Agency reviews safety analyses
and public comments submitted and
determines whether granting the
exemption would likely achieve a level
of safety equivalent to, or greater than,
the level that would be achieved by the
current regulation (49 CFR 381.305).
The Agency must publish its decision in
the Federal Register (49 CFR
381.315(b)) with the reasons for denying
or granting the application and, if
granted, the name of the person or class
of persons receiving the exemption and
the regulatory provision from which the
exemption is granted. The notice must
specify the effective period and explain
PO 00000
Frm 00165
Fmt 4703
Sfmt 4703
10811
the terms and conditions of the
exemption. The exemption may be
renewed (49 CFR 381.300(b)).
Issued on: February 12, 2020.
Larry W. Minor,
Associate Administrator of Policy.
[FR Doc. 2020–03710 Filed 2–24–20; 8:45 am]
BILLING CODE 4910–EX–P
DEPARTMENT OF TRANSPORTATION
Office of the Secretary of
Transportation
Notice of Funding Opportunity for the
Department of Transportation’s
National Infrastructure Investments
Under the Consolidated
Appropriations Act, 2020
Office of the Secretary of
Transportation, DOT.
ACTION: Notice of funding opportunity.
AGENCY:
The Further Consolidated
Appropriations Act, December 20, 2019)
(‘‘FY 2020 Appropriations Act’’)
appropriated $1 billion to be awarded
by the Department of Transportation
(‘‘DOT’’) for National Infrastructure
Investments. This appropriation stems
from the program funded and
implemented pursuant to the American
Recovery and Reinvestment Act of 2009
(the ‘‘Recovery Act’’) and is known as
the Better Utilizing Investments to
Leverage Development, or ‘‘BUILD
Transportation Grants,’’ program. Funds
for the FY 2020 BUILD Transportation
grants program are to be awarded on a
competitive basis for surface
transportation infrastructure projects
that will have a significant local or
regional impact. The purpose of this
notice is to solicit applications for
BUILD Transportation grants.
DATES: Applications must be submitted
by 5 p.m. E.D.T. on May 18, 2020.
ADDRESSES: Applications must be
submitted through Grants.gov.
FOR FURTHER INFORMATION CONTACT: For
further information concerning this
notice, please contact the BUILD
Transportation grants program staff via
email at BUILDgrants@dot.gov, or call
Howard Hill at 202–366–0301. A TDD is
available for individuals who are deaf or
hard of hearing at 202–366–3993. In
addition, DOT will regularly post
answers to questions and requests for
clarifications as well as information
about webinars for further guidance on
DOT’s website at
www.transportation.gov/BUILDgrants.
SUPPLEMENTARY INFORMATION: Each
section of this notice contains
information and instructions relevant to
SUMMARY:
E:\FR\FM\25FEN1.SGM
25FEN1
]]>Agencies
[Federal Register Volume 85, Number 37 (Tuesday, February 25, 2020)]
[Notices]
[Pages 10810-10811]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-03710]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2020-0069]
Commercial Driver's License: United Parcel Service, Inc. (UPS);
Application for Exemptions
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.
ACTION: Notice of application for exemptions; request for comments.
-----------------------------------------------------------------------
SUMMARY: FMCSA announces that UPS has requested a limited exemption
from certain commercial driver's license (CDL) regulations.
Specifically, UPS is requesting that its driver-trainees holding
commercial learners permits (CLPs) be permitted to operate twin 28-foot
trailers on a public road to obtain behind-the-wheel (BTW) skills
training under the direct supervision of a driving instructor. Federal
CDL regulations do not allow an employer to permit a driver to operate
a commercial motor vehicle (CMV) during any period in which the driver
does not have a CLP or CDL with the proper class or endorsements; the
regulations do not permit a double/triple trailers endorsement on a
CLP. FMCSA requests public comment on UPS's application for exemption.
A copy of UPS' application for exemption is available for review in the
docket for this notice.
DATES: Comments must be received on or before March 26, 2020.
ADDRESSES: You may submit comments identified by Federal Docket
Management System (FDMS) Number FMCSA-2020-0069 by any of the following
methods:
Federal eRulemaking Portal: www.regulations.gov. See the
Public Participation and Request for Comments section below for further
information.
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.
[[Page 10811]]
Hand Delivery or Courier: West Building, Ground Floor,
Room W12-140, 1200 New Jersey Avenue SE, between 9 a.m. and 5 p.m.
E.T., 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.
Docket: For access to the docket to read background documents or
comments, go to www.regulations.gov at any time or visit Room W12-140
on the ground level of the West Building, 1200 New Jersey Avenue SE,
Washington, DC, between 9 a.m. and 5 p.m., ET, Monday through Friday,
except Federal holidays. The on-line FDMS is available 24 hours each
day, 365 days each year.
Privacy Act: In accordance with 5 U.S.C. 553(c), DOT solicits
comments from the public to better inform its rulemaking process. 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: Ms. Pearlie Robinson, Driver and
Carrier Operations Division; Office of Carrier, Driver and Vehicle
Safety Standards, FMCSA, at 202-366-4325 or by email at [email protected].
If you have questions on viewing or submitting material to the docket,
contact Docket Services at (202) 366-9826.
SUPPLEMENTARY INFORMATION:
I. Public Participation and Request for Comments
FMCSA encourages you to participate by submitting comments and
related materials.
Submitting Comments
If you submit a comment, please include the docket number for this
notice (FMCSA-2020-0069), 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 or 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 and put
the docket number, ``FMCSA-2020-0069'' in the ``Keyword'' box, and
click ``Search.'' When the new screen appears, click on ``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.
Viewing Comments and Documents
To view comments, as well as documents mentioned in this preamble
as being available in the docket, go to www.regulations.gov and insert
the docket number, ``FMCSA-2020-0069'' in the ``Keyword'' box and click
``Search.'' Next, click ``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., e.t., Monday through Friday, except Federal holidays.
II. Legal Basis
FMCSA has authority under 49 U.S.C. 31136(e) and 31315 to grant
exemptions from certain Federal Motor Carrier Safety Regulations
(FMCSRs). FMCSA must publish a notice of each exemption request in the
Federal Register (49 CFR 381.315(a)). The Agency must provide the
public an opportunity to inspect the information relevant to the
application, including any safety analyses that have been conducted.
The Agency must provide an opportunity for public comment on the
request.
The Agency reviews safety analyses and public comments submitted
and determines whether granting the exemption would likely achieve a
level of safety equivalent to, or greater than, the level that would be
achieved by the current regulation (49 CFR 381.305). The Agency must
publish its decision in the Federal Register (49 CFR 381.315(b)) with
the reasons for denying or granting the application and, if granted,
the name of the person or class of persons receiving the exemption and
the regulatory provision from which the exemption is granted. The
notice must specify the effective period and explain the terms and
conditions of the exemption. The exemption may be renewed (49 CFR
381.300(b)).
Issued on: February 12, 2020.
Larry W. Minor,
Associate Administrator of Policy.
[FR Doc. 2020-03710 Filed 2-24-20; 8:45 am]
BILLING CODE 4910-EX-P
