Commercial Driver's License: United Parcel Service, Inc. (UPS); Application for Exemptions, 58902-58905 [2022-20968]
Download as PDF
<![CDATA[
58902
Federal Register / Vol. 87, No. 187 / Wednesday, September 28, 2022 / Notices
lotter on DSK11XQN23PROD with NOTICES1
Projects that have not appropriately
considered and addressed physical and
cyber security and resilience in their
planning, design, and project oversight,
as determined by the Department and
the Department of Homeland Security,
will be required to do so before
receiving funds for construction,
consistent with Presidential Policy
Directive 21—Critical Infrastructure
Security and Resilience and the
National Security Presidential
Memorandum on Improving
Cybersecurity for Critical Infrastructure
Control Systems.
Performance and Program Evaluation:
As a condition of grant award, grant
recipients may be required to participate
in an evaluation undertaken by DOT,
FAA, or another agency or partner. The
evaluation may take different forms,
such as an implementation assessment
across grant recipients, an impact and/
or outcomes analysis of all or selected
sites within or across grant recipients, or
a benefit/cost analysis or assessment of
return on investment. DOT may require
applicants to collect data elements to
aid the evaluation. As a part of the
evaluation, as a condition of award,
grant recipients must agree to: (1) make
records available to the evaluation
contractor or DOT staff; (2) provide
access to program records and any other
relevant documents to calculate costs
and benefits; (3) in the case of an impact
analysis, facilitate the access to relevant
information as requested; and (4) follow
evaluation procedures as specified by
the evaluation contractor or DOT staff.
Requested program records or
information will be consistent with
record requirements outlined in 2 CFR
200.334–338 and the grant agreement.
iii. Standard Assurances
Each grant recipient must assure that
it will comply with all applicable
federal statutes, regulations, executive
orders, directives, FAA circulars, and
other federal administrative
requirements in carrying out any project
supported by the ATP grant. The grant
recipient must acknowledge that it is
under a continuing obligation to comply
with the terms and conditions of the
grant agreement issued for its project
with the FAA. The grant recipient
understands that federal laws,
regulations, policies, and administrative
practices might be modified from time
to time and may affect the
implementation of the project. The grant
recipient must agree that the most
recent Federal requirements will apply
to the project unless the FAA issues a
written determination otherwise.
The grant recipient must submit the
Certifications at the time of grant
VerDate Sep<11>2014
18:06 Sep 27, 2022
Jkt 256001
application and Assurances must be
accepted as part of the grant agreement
at the time of accepting a grant offer.
Grant recipients must also comply with
the requirements of 2 CFR part 200,
which ‘‘are applicable to all costs
related to Federal awards,’’ and which
are cited in the grant assurances of the
grant agreements. The Airport Sponsor
Assurances are available on the FAA
website at: https://www.faa.gov/
airports/aip/grant_assurances.
3. Reporting
Grant recipients are subject to
financial reporting per 2 CFR 200.328
and performance reporting per 2 CFR
200.329. Under the ATP, the grant
recipient is required to comply with all
Federal financial reporting requirements
and payment requirements, including
the submittal of timely and accurate
reports. Financial and performance
reporting requirements are available in
the FAA October 2020 Financial
Reporting Policy, which is available at
https://www.faa.gov/airports/aip/grant_
payments/media/aip-grant-paymentpolicy.pdf.
The grant recipient must comply with
annual audit reporting requirements.
The grant recipient and sub-recipients,
if applicable, must comply with 2 CFR
part 200, subpart F, Audit Reporting
Requirements. The grant recipient must
comply with any requirements outlined
in 2 CFR part 180, Office of
Management and Budget (OMB)
Guidelines to Agencies on Government
wide Debarment and Suspension.
G. Federal Awarding Agency Contact(s)
For further information concerning
this notice, please contact the FAA BIL
Implementation Team via email at 9ARP-BILAirports@faa.gov. In addition,
FAA will post answers to frequently
asked questions and requests for
clarifications on FAA’s website at
www.faa.gov/bil/airport-terminals. To
ensure applicants receive accurate
information about eligibility of the
program, the applicant is encouraged to
contact FAA directly, rather than
through intermediaries or third parties,
with questions.
All applicants, including those
requesting full federal share of eligible
projects costs, should have a plan to
address potential cost overruns as part
of an overall funding plan.
Issued in Washington, DC, on September
22, 2022.
Robin K. Hunt,
Manager, FAA Office of Airports BIL
Implementation Team.
[FR Doc. 2022–20935 Filed 9–27–22; 8:45 am]
BILLING CODE 4910–13–P
PO 00000
Frm 00139
Fmt 4703
Sfmt 4703
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), Department
of Transportation (DOT).
ACTION: Notice of final disposition; grant
of exemption.
AGENCY:
FMCSA announces its
decision to grant United Parcel Service,
Inc.’s (UPS) application for an
exemption from certain provisions of
the Agency’s commercial driver’s
license (CDL) regulations. The
exemption allows UPS to conduct
behind-the-wheel training for
commercial learner’s permit (CLP)
holders in twin 28-foot trailers, rather
than waiting to conduct the training
after the individuals receive their Class
A CDLs and pass the required
knowledge test to obtain the double/
triple trailer endorsement on their CDLs.
FMCSA has analyzed the exemption
application and the public comments
and has determined that the
exemptions, subject to the terms and
conditions imposed, will likely achieve
a level of safety that is equivalent to, or
greater than, the level that would be
achieved absent such exemption.
DATES: This exemption is effective
September 28, 2022 and expires
September 28, 2027.
FOR FURTHER INFORMATION CONTACT: Ms.
Pearlie Robinson, FMCSA Driver and
Carrier Operations Division; Office of
Carrier, Driver and Vehicle Safety
Standards; Telephone: (202) 366–4225;
Email: MCPSD@dot.gov. If you have
questions on viewing or submitting
material to the docket, contact Docket
Services, telephone (202) 366–9826.
SUPPLEMENTARY INFORMATION:
SUMMARY:
Viewing Comments and Documents
To view comments, as well as
documents mentioned in this preamble
as being available in the docket, go to
https://www.regulations.gov and insert
the docket number, ‘‘FMCSA–2020–
0069’’ in the ‘‘Keyword’’ box and click
‘‘Search.’’ Next, click the ‘‘Open Docket
Folder’’ button and choose the
document to review. If you do not have
access to the internet, you may view the
docket by visiting the Docket
Management Facility in Room W12–140
on the ground floor of the DOT West
Building, 1200 New Jersey Avenue SE,
E:\FR\FM\28SEN1.SGM
28SEN1
Federal Register / Vol. 87, No. 187 / Wednesday, September 28, 2022 / Notices
Washington, DC 20590, between 9 a.m.
and 5 p.m. (ET), Monday through
Friday, except Federal holidays. To be
sure someone is there to help you,
please call (202) 366–9317 or (202) 366–
9826 before visiting Docket Operations.
lotter on DSK11XQN23PROD with NOTICES1
I. Legal Basis
FMCSA has authority under 49 U.S.C.
31136(e) and 31315 to grant exemptions
from certain parts of the 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 also
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 decision of the Agency must be
published 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 also specify the
effective period and explain the terms
and conditions of the exemption. The
exemption may be renewed (49 CFR
381.300(b)).
When the Agency denies a request for
an exemption, the applicant may be
allowed to resubmit the application if
the applicant can reasonably address the
basis for denial. 49 U.S.C. 31315(b)(3).
II. Current Regulations
FMCSA’s CDL regulations prohibit
employers from allowing an individual
to operate a CMV during any period in
which the driver does not have a CLP
or CDL with the proper class or
endorsements (49 CFR 383.37(a)), and
the regulations prohibit the State driver
licensing agencies (SDLAs) from issuing
a double/triple trailer endorsement to
CLP holders (49 CFR 383.25(a)(5)(iv)
and 383.93(a)(2)). The regulations do
not specify a minimum amount of time
an individual must hold a Class A CDL
prior to seeking the double/triple
endorsement and do not require training
or passing a double/triple trailer skills
test prior to receiving the double/triple
trailer endorsement. Individuals seeking
such an endorsement need only pass a
knowledge test.
VerDate Sep<11>2014
18:06 Sep 27, 2022
Jkt 256001
III. Applicant’s Request
UPS requests exemptions from 49
CFR 383.37(a) and 49 CFR 383.93(b)(1)
to permit its CDL instructors to conduct
behind-the-wheel training of CLP
holders using twin 28-foot trailers. UPS
uses single and double trailers in its
fleet and requires that all its Class A
CDL drivers be qualified to operate twin
28-foot trailers. UPS wants to ensure
that its driver-trainees know how to
safely operate the vehicles they will be
driving in normal operations and plans
to train its Class A CLP holders to
operate double trailers prior to the
individuals receiving their CDLs and
taking the double/triple trailer
knowledge test.
Because of the regulations cited
above, UPS states that it is unable to
include on-the-road doubles training in
its initial driver training because
double/triple trailer endorsements are
not allowed on CLPs. Instead, a driver
must receive a CDL before the driver can
obtain a double/triple trailer
endorsement. After the driver obtains
the endorsement, the employer may
conduct training on public roads.
UPS explained that it has a ‘‘hire from
within’’ culture. Typically, its long-haul
driver candidates come from the ranks
of UPS associates who are experienced
drivers of CMVs that do not require a
CDL. Once a candidate obtains a CLP,
UPS provides 80 hours of combined
classroom and behind-the-wheel skills
instruction training. UPS noted that a
driver must wait 14 days after receiving
a CLP before he or she can take the
skills test required to obtain a CDL (49
CFR 383.25(e)). Depending on the State,
it may take longer to secure an
appointment for the CDL skills test.
Therefore, weeks could pass between
the time the driver receives primary
training and the time the driver can
obtain on-the-road training in doubles.
UPS notes that the regulations allow
any Class A CDL holder to take the
double/triple trailer endorsement
knowledge test and obtain the
endorsement without completing
specialized training or passing a skills
test. By contrast, under the requested
exemptions, the UPS driver-trainee with
a CLP would be permitted to operate
doubles only under direct supervision
of an experienced instructor and be
required to successfully complete the
training prior to obtaining the Class A
CDL and applying for the double/triple
trailer endorsement.
After the close of the comment period
to UPS’s application for exemptions,
UPS submitted additional materials to
FMCSA detailing UPS’s training
program. UPS identified the additional
PO 00000
Frm 00140
Fmt 4703
Sfmt 4703
58903
materials as Confidential Business
Information (CBI). Because the
information is CBI, there is no way for
the public to comment on it. For this
reason, the additional materials were
not placed in the docket for this notice.
IV. Method To Ensure an Equivalent or
Greater Level of Safety
According to UPS, the requested
exemption would achieve a level of
safety equivalent to, or greater than, that
which would be obtained by complying
with current regulations and cites the
following measures in support of this
conclusion:
• Each driver with a CLP will receive
a minimum of 80 hours of training;
• Drivers must successfully pass a
UPS knowledge test similar to one that
would be administered by the SDLA
before beginning on-road skills training
in doubles;
• Doubles skills training for drivers
with CLPs will start in a closed yard;
• During all phases of behind-thewheel training (BTW) (i.e., road and
range), driver-trainees will have direct
supervision from a certified instructor
who has completed an 8-week UPS
Driver Trainer and Instructor Program
and is recertified every 90 days; and
• UPS will maintain a ‘‘satisfactory’’
safety rating with FMCSA.
Upon completion of the formal
training, UPS asserts that the drivertrainees continue to improve their skills
by operating UPS vehicles under the
close supervision of certified instructors
until they are ready to obtain their CDL.
UPS believes these controls should
address any safety concerns FMCSA or
the motoring public might have
regarding the requested exemptions. A
copy of UPS’s application for
exemptions is available for review in the
docket for this notice.
V. Public Comments
On February 25, 2020, FMCSA
published notice of UPS’s application
for exemptions and requested public
comment (85 FR 10810). The Agency
received 38 comments. Twenty
respondents supported the exemptions.
Ms. Carolyn Carter said, for example,
that ‘‘[a]llowing UPS to train with
doubles during the initial training
period gives the new drivers more
experience and training prior to getting
on the road by themselves. Providing
UPS receives this exemption, it allows
for safer new drivers to be prepared for
the conditions of the roadways while
hauling sets.’’ An anonymous
commenter stated that, ‘‘All of the
trainers at UPS go through extensive
training in order to drive and operate
doubles (Tractor and two 28’ trailers)
E:\FR\FM\28SEN1.SGM
28SEN1
58904
Federal Register / Vol. 87, No. 187 / Wednesday, September 28, 2022 / Notices
lotter on DSK11XQN23PROD with NOTICES1
and are very experienced when it comes
to training new drivers how to operate
such equipment. It would be very
beneficial to the new drivers to be able
to get behind the wheel experience with
doubles while they are going through
training with their CLP.’’
Eighteen individuals opposed the
exemption. Commenters who opposed
the exemption stated that new drivers
do not have sufficient experience to
operate double trailers and that those
drivers would not operate safely. Mr.
Michael Millard wrote: ‘‘Based on the
verbiage of UPS’ application that did
not request an exception from
[§ 380.203] that requires a driver to
possess a CDL for six months or
[§ 383.25] which prohibits CLP holders
from obtaining a double/triple trailer
endorsement and the safety issues
associated with double/triple trailers. I
strongly suggest UPS’s application be
denied.’’ Another individual, MJ
Thorne, said, ‘‘Please do not give UPS
this exemption! New drivers need
experience before they start handling
things like doubles. If UPS is
experiencing a hardship because they
are training drivers but can’t have them
pull doubles, then they should not be
training people new to this industry.’’
VI. FMCSA Response and Decision
The premise of some comments
opposing the exemptions is that CLP
holders lack experience driving a single
trailer and should not be able to operate
double/triple trailers until they receive
their CDL. The CDL regulations,
however, do not specify a minimum
amount of time an individual must hold
a Class A CDL prior to seeking the
double/triple trailer endorsement and
do not require training or passing a
double/triple trailer skills test prior to
receiving the double/triple trailer
endorsement. Individuals with a valid
Class A CDL seeking such an
endorsement need only pass a
knowledge test. The measures proposed
by UPS would ensure that drivers
receive on-road skills training prior to
receiving the double/triple trailer
endorsement.
In response to the comment stating
that UPS did not seek an exemption
from 49 CFR 380.23, FMCSA notes that
section 380.23 applies only to operators
of longer combination vehicles (LCVs),
which have a gross vehicle weight
greater than 80,000 pounds. The
training requirements in 49 CFR part
380, subpart A, continue to apply to
UPS drivers operating LCVs.
FMCSA has evaluated UPS’s
application and the public comments
and decided to grant the exemptions.
The Agency believes that UPS’s training
VerDate Sep<11>2014
18:06 Sep 27, 2022
Jkt 256001
procedures will likely enable UPS and
its drivers to achieve a level of safety
that is equivalent to, or greater than, the
level of safety achieved without the
exemption (49 CFR 381.305(a)). The
exemption is restricted to UPS’s drivertrainee CLP holders operating vehicles
with a gross vehicle weight of 80,000
pounds or less. The exemption will
enable UPS drivers to obtain on-theroad training in doubles only under
direct supervision of a certified driver
instructor who has completed UPS’s 8
week UPS Driver Trainer and Instructor
Program and is recertified every 90 days
before obtaining a CDL and the required
endorsement for operating such CMVs.
Prior to making its decision, the
Agency conducted a comprehensive
review of UPS’s safety performance,
which included a review of the Motor
Carrier Management Information System
safety records, and inspection and
accident reports submitted to FMCSA
by State agencies. UPS possesses an
active USDOT registration, maintains
minimum required levels of financial
responsibility, is not subject to an
‘‘imminent hazard’’ or other out-ofservice (OOS) order, and has a
‘‘satisfactory’’ safety rating with
FMCSA. FMCSA has therefore decided
to grant the exemptions, subject to the
terms and conditions outlined below.
VII. Terms and Conditions of the
Exemption
The exemptions from 49 CFR
383.37(a) and 49 CFR 383.93(b)(1) will
allow UPS driver-trainee CLP holders
who have completed yard skills training
and passed a company administered
knowledge test in all of the areas
required to obtain a double/triple trailer
endorsement on a CDL under 49 CFR
383.115 to operate doubles under direct
supervision of a certified training
instructor who has a CDL with the
double/triple trailer endorsement.
Driver-trainees covered by these
exemptions will not be required to
possess a CDL or a double/triple trailer
endorsement while performing on-theroad training in doubles. However,
drivers will be required to present proof
to law enforcement, upon request, that
they have completed yard skills training
and passed a company-administered
knowledge test.
Terms and Conditions of the Exemption
• Each driver covered by the
exemption must maintain a valid CLP
and not be subject to an OOS order or
loss of driving privileges;
• Each driver must meet all of
FMCSA’s physical qualifications
requirements under 49 CFR part 391;
PO 00000
Frm 00141
Fmt 4703
Sfmt 4703
• Each driver with a CLP must
receive a minimum of 80 hours of
training administered by UPS. The
training must include at least 15 hours
of classroom instruction, 18 hours of
one-on-one field instruction focused on
coupling and uncoupling doubles
equipment, and 45 hours of individual
on-road instruction operating doubles
equipment on a public roadway;
• Drivers must successfully achieve a
score of at least 80% on a UPSadministered written knowledge test
similar in content to that which would
be administered by the State pursuant to
49 CFR 383.115, before beginning BTW
skills training in doubles;
• Doubles skills training for CLP
holders will start in empty vehicles in
a closed yard before moving to a public
roadway;
• During all BTW training, drivertrainees will be under the direct
supervision of a Class A CDL holder
with a double/triple endorsement who
has been certified as an instructor by
UPS through an 8 week training
program and is recertified every 90 days
and who meets the qualifications in the
definition of ‘‘BTW instructor’’ in 49
CFR 380.605;
• UPS will maintain a ‘‘satisfactory’’
safety rating assigned by FMCSA under
the procedures in 49 CFR part 385; and
• Each driver must have a copy of
this notice in his or her possession
while operating under the terms of the
exemptions. This notice serves as the
exemption document and must be
presented to law enforcement officials
upon request.
Preemption
During the period these exemptions
are in effect; no State may enforce any
law or regulation that conflicts with or
is inconsistent with the exemptions
with respect to a person or entity
operating under the exemptions (49
U.S.C. 31315(d)).
FMCSA Accident Notification
UPS must notify FMCSA immediately
of any accidents (as defined by 49 CFR
390.5) involving the operation of any of
its CMVs while utilizing these
exemptions. The notification must be by
email to MCPSD@DOT.GOV, and
include the following information:
a. Exemption Identifier: ‘‘UPS’’;
b. Date of the accident;
c. City or town, and State, in which
the accident occurred, or which is
closest to the scene of the accident;
d. Driver’s name and driver’s license
number;
e. Co-driver’s name and driver’s
license State, number, and class;
E:\FR\FM\28SEN1.SGM
28SEN1
Federal Register / Vol. 87, No. 187 / Wednesday, September 28, 2022 / Notices
f. Vehicle company number and
power unit license plate State and
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 total driving time and the total
on-duty time of the CMV driver at the
time of the accident.
Termination
The FMCSA does not believe the CLP
holders covered by the exemptions will
experience any deterioration of their
safety record. However, should this
occur, FMCSA will take all steps
necessary to protect the public interest,
including revocation of these
exemptions. The FMCSA will
immediately revoke these exemptions
for failure to comply with the terms and
conditions set forth above.
Robin Hutcheson,
Deputy Administrator.
[FR Doc. 2022–20968 Filed 9–27–22; 8:45 am]
BILLING CODE 4910–EX–P
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety
Administration
[Docket No. DOT–NHTSA–2922–0049]
Agency Information Collection
Activities; Notice and Request for
Comment; Crash Report Sampling
System (CRSS), Non-Traffic
Surveillance (NTS) and Special Studies
Data Collection
National Highway Traffic
Safety Administration (NHTSA),
Department of Transportation (DOT).
ACTION: Notice and request for
comments on a request for extension
with modification of a currently
approved information collection.
AGENCY:
NHTSA invites public
comments about our intention to request
the Office of Management and Budget
(OMB) for an extension with
modification of a currently approved
information collection. Before a federal
agency can collect certain information
from the public, it must receive
approval from the Office of Management
and Budget (OMB). Under procedures
established by the Paperwork Reduction
Act of 1995, before seeking OMB
approval, Federal agencies must solicit
public comment on proposed
lotter on DSK11XQN23PROD with NOTICES1
SUMMARY:
VerDate Sep<11>2014
18:06 Sep 27, 2022
Jkt 256001
collections of information, including
extensions and reinstatement of
previously approved collections. This
document describes collections of
information for which NHTSA intends
to seek OMB approval that collect for
NHTSA’s Crash Report Sampling
System (CRSS), Non-Traffic
Surveillance (NTS), and special studies.
DATES: Written comments should be
submitted by November 28, 2022.
ADDRESSES: You may submit comments
[identified by Docket No. DOT–
NHTSA–20XX–XXXX] through one of
the following methods:
• Electronic Submissions: Go to the
Federal eRulemaking Portal: https://
www.regulations.gov. Follow the online
instructions for submitting comments.
• Fax:1–202–493–2251
• Mail or Hand Delivery: Docket
Management Facility, U.S. Department
of Transportation, 1200 New Jersey
Avenue SE, West Building, Room W12–
140, Washington, DC 20590, between 9
a.m. and 5 p.m., Monday through
Friday, except on Federal holidays. To
be sure someone is there to help you,
please call (202) 366–9322 before
coming.
Instructions: All submissions must
include the agency name and docket
number for this notice. Note that all
comments received will be posted
without change to https://
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 https://
www.regulations.gov or the street
address listed above. Follow the online
instructions for accessing the dockets
via internet.
FOR FURTHER INFORMATION CONTACT: For
additional information or access to
background documents, contact Jonae S.
Anderson, Office of Data Acquisition
(NSA–120), Room W53–470. (202) 366–
1028, 1200 New Jersey Avenue SE,
Washington, DC 20590, Please identify
the relevant collection of information by
referring to its OMB Control Number.
SUPPLEMENTARY INFORMATION: Under the
Paperwork Reduction Act of 1995 (44
PO 00000
Frm 00142
Fmt 4703
Sfmt 4703
58905
U.S.C. 3501 et seq.), before an agency
submits a proposed collection of
information to OMB for approval, it
must first publish a document in the
Federal Register providing a 60-day
comment period and otherwise consult
with members of the public and affected
agencies concerning each proposed
collection of information. The OMB has
promulgated regulations describing
what must be included in such a
document. Under OMB’s regulation (at
5CFR 1320.8(d), an agency must ask for
public comment on the following: (a)
whether the proposed collection of
information is necessary for the proper
performance of the functions of the
agency, including whether the
information will have practical utility;
(b) the accuracy of the agency’s estimate
of the burden of the proposed collection
of information, including the validity of
the methodology and assumptions used;
(c) how to enhance the quality, utility,
and clarity of the information to be
collected; and (d) how to minimize the
burden of the collection of information
on those who are to respond, including
the use of appropriate automated,
electronic, mechanical, or other
technological collection techniques or
other forms of information technology,
e.g. permitting electronic submission of
responses.
In compliance with these
requirements, NHTSA asks for public
comments on the following proposed
collections of information for which the
agency is seeking approval from OMB.
Title: Crash Report Sampling System
(CRSS), Non-Traffic Surveillance
System (NTS), and Special Studies.
OMB Control Number: 2127–0714.
Form Number(s): N/A.
Type of Request: Revision of a
currently approved collection of
information.
Type of Review Requested: Regular.
Requested Expiration Date of
Approval: 3 years from date of approval.
Summary of the Collection of
Information: NHTSA is authorized by
49 U.S.C. 30182 and 23 U.S.C. 403 to
collect data on motor vehicle traffic
crashes to aid in the identification of
issues and the development,
implementation, and evaluation of
motor vehicle and highway safety
countermeasures to reduce fatalities and
the property damage associated with
motor vehicle crashes. Using this
authority, NHTSA established the Crash
Report Sampling System (CRSS), CRSS
related Special Studies and the NonTraffic Surveillance (NTS). Through
these efforts, NHTSA collects data on
motor vehicle crashes, including crashes
involving injuries and fatalities,
property damage only crashes, as well
E:\FR\FM\28SEN1.SGM
28SEN1
]]>Agencies
[Federal Register Volume 87, Number 187 (Wednesday, September 28, 2022)]
[Notices]
[Pages 58902-58905]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-20968]
-----------------------------------------------------------------------
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), Department
of Transportation (DOT).
ACTION: Notice of final disposition; grant of exemption.
-----------------------------------------------------------------------
SUMMARY: FMCSA announces its decision to grant United Parcel Service,
Inc.'s (UPS) application for an exemption from certain provisions of
the Agency's commercial driver's license (CDL) regulations. The
exemption allows UPS to conduct behind-the-wheel training for
commercial learner's permit (CLP) holders in twin 28-foot trailers,
rather than waiting to conduct the training after the individuals
receive their Class A CDLs and pass the required knowledge test to
obtain the double/triple trailer endorsement on their CDLs. FMCSA has
analyzed the exemption application and the public comments and has
determined that the exemptions, subject to the terms and conditions
imposed, will likely achieve a level of safety that is equivalent to,
or greater than, the level that would be achieved absent such
exemption.
DATES: This exemption is effective September 28, 2022 and expires
September 28, 2027.
FOR FURTHER INFORMATION CONTACT: Ms. Pearlie Robinson, FMCSA Driver and
Carrier Operations Division; Office of Carrier, Driver and Vehicle
Safety Standards; Telephone: (202) 366-4225; Email: [email protected]. If
you have questions on viewing or submitting material to the docket,
contact Docket Services, telephone (202) 366-9826.
SUPPLEMENTARY INFORMATION:
Viewing Comments and Documents
To view comments, as well as documents mentioned in this preamble
as being available in the docket, go to https://www.regulations.gov and
insert the docket number, ``FMCSA-2020-0069'' in the ``Keyword'' box
and click ``Search.'' Next, click the ``Open Docket Folder'' button and
choose the document to review. If you do not have access to the
internet, you may view the docket by visiting the Docket Management
Facility in Room W12-140 on the ground floor of the DOT West Building,
1200 New Jersey Avenue SE,
[[Page 58903]]
Washington, DC 20590, between 9 a.m. and 5 p.m. (ET), Monday through
Friday, except Federal holidays. To be sure someone is there to help
you, please call (202) 366-9317 or (202) 366-9826 before visiting
Docket Operations.
I. Legal Basis
FMCSA has authority under 49 U.S.C. 31136(e) and 31315 to grant
exemptions from certain parts of the 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 also 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 decision of
the Agency must be published 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 also specify the effective period and explain
the terms and conditions of the exemption. The exemption may be renewed
(49 CFR 381.300(b)).
When the Agency denies a request for an exemption, the applicant
may be allowed to resubmit the application if the applicant can
reasonably address the basis for denial. 49 U.S.C. 31315(b)(3).
II. Current Regulations
FMCSA's CDL regulations prohibit employers from allowing an
individual to operate a CMV during any period in which the driver does
not have a CLP or CDL with the proper class or endorsements (49 CFR
383.37(a)), and the regulations prohibit the State driver licensing
agencies (SDLAs) from issuing a double/triple trailer endorsement to
CLP holders (49 CFR 383.25(a)(5)(iv) and 383.93(a)(2)). The regulations
do not specify a minimum amount of time an individual must hold a Class
A CDL prior to seeking the double/triple endorsement and do not require
training or passing a double/triple trailer skills test prior to
receiving the double/triple trailer endorsement. Individuals seeking
such an endorsement need only pass a knowledge test.
III. Applicant's Request
UPS requests exemptions from 49 CFR 383.37(a) and 49 CFR
383.93(b)(1) to permit its CDL instructors to conduct behind-the-wheel
training of CLP holders using twin 28-foot trailers. UPS uses single
and double trailers in its fleet and requires that all its Class A CDL
drivers be qualified to operate twin 28-foot trailers. UPS wants to
ensure that its driver-trainees know how to safely operate the vehicles
they will be driving in normal operations and plans to train its Class
A CLP holders to operate double trailers prior to the individuals
receiving their CDLs and taking the double/triple trailer knowledge
test.
Because of the regulations cited above, UPS states that it is
unable to include on-the-road doubles training in its initial driver
training because double/triple trailer endorsements are not allowed on
CLPs. Instead, a driver must receive a CDL before the driver can obtain
a double/triple trailer endorsement. After the driver obtains the
endorsement, the employer may conduct training on public roads.
UPS explained that it has a ``hire from within'' culture.
Typically, its long-haul driver candidates come from the ranks of UPS
associates who are experienced drivers of CMVs that do not require a
CDL. Once a candidate obtains a CLP, UPS provides 80 hours of combined
classroom and behind-the-wheel skills instruction training. UPS noted
that a driver must wait 14 days after receiving a CLP before he or she
can take the skills test required to obtain a CDL (49 CFR 383.25(e)).
Depending on the State, it may take longer to secure an appointment for
the CDL skills test. Therefore, weeks could pass between the time the
driver receives primary training and the time the driver can obtain on-
the-road training in doubles.
UPS notes that the regulations allow any Class A CDL holder to take
the double/triple trailer endorsement knowledge test and obtain the
endorsement without completing specialized training or passing a skills
test. By contrast, under the requested exemptions, the UPS driver-
trainee with a CLP would be permitted to operate doubles only under
direct supervision of an experienced instructor and be required to
successfully complete the training prior to obtaining the Class A CDL
and applying for the double/triple trailer endorsement.
After the close of the comment period to UPS's application for
exemptions, UPS submitted additional materials to FMCSA detailing UPS's
training program. UPS identified the additional materials as
Confidential Business Information (CBI). Because the information is
CBI, there is no way for the public to comment on it. For this reason,
the additional materials were not placed in the docket for this notice.
IV. Method To Ensure an Equivalent or Greater Level of Safety
According to UPS, the requested exemption would achieve a level of
safety equivalent to, or greater than, that which would be obtained by
complying with current regulations and cites the following measures in
support of this conclusion:
Each driver with a CLP will receive a minimum of 80 hours
of training;
Drivers must successfully pass a UPS knowledge test
similar to one that would be administered by the SDLA before beginning
on-road skills training in doubles;
Doubles skills training for drivers with CLPs will start
in a closed yard;
During all phases of behind-the-wheel training (BTW)
(i.e., road and range), driver-trainees will have direct supervision
from a certified instructor who has completed an 8-week UPS Driver
Trainer and Instructor Program and is recertified every 90 days; and
UPS will maintain a ``satisfactory'' safety rating with
FMCSA.
Upon completion of the formal training, UPS asserts that the
driver-trainees continue to improve their skills by operating UPS
vehicles under the close supervision of certified instructors until
they are ready to obtain their CDL. UPS believes these controls should
address any safety concerns FMCSA or the motoring public might have
regarding the requested exemptions. A copy of UPS's application for
exemptions is available for review in the docket for this notice.
V. Public Comments
On February 25, 2020, FMCSA published notice of UPS's application
for exemptions and requested public comment (85 FR 10810). The Agency
received 38 comments. Twenty respondents supported the exemptions. Ms.
Carolyn Carter said, for example, that ``[a]llowing UPS to train with
doubles during the initial training period gives the new drivers more
experience and training prior to getting on the road by themselves.
Providing UPS receives this exemption, it allows for safer new drivers
to be prepared for the conditions of the roadways while hauling sets.''
An anonymous commenter stated that, ``All of the trainers at UPS go
through extensive training in order to drive and operate doubles
(Tractor and two 28' trailers)
[[Page 58904]]
and are very experienced when it comes to training new drivers how to
operate such equipment. It would be very beneficial to the new drivers
to be able to get behind the wheel experience with doubles while they
are going through training with their CLP.''
Eighteen individuals opposed the exemption. Commenters who opposed
the exemption stated that new drivers do not have sufficient experience
to operate double trailers and that those drivers would not operate
safely. Mr. Michael Millard wrote: ``Based on the verbiage of UPS'
application that did not request an exception from [Sec. 380.203] that
requires a driver to possess a CDL for six months or [Sec. 383.25]
which prohibits CLP holders from obtaining a double/triple trailer
endorsement and the safety issues associated with double/triple
trailers. I strongly suggest UPS's application be denied.'' Another
individual, MJ Thorne, said, ``Please do not give UPS this exemption!
New drivers need experience before they start handling things like
doubles. If UPS is experiencing a hardship because they are training
drivers but can't have them pull doubles, then they should not be
training people new to this industry.''
VI. FMCSA Response and Decision
The premise of some comments opposing the exemptions is that CLP
holders lack experience driving a single trailer and should not be able
to operate double/triple trailers until they receive their CDL. The CDL
regulations, however, do not specify a minimum amount of time an
individual must hold a Class A CDL prior to seeking the double/triple
trailer endorsement and do not require training or passing a double/
triple trailer skills test prior to receiving the double/triple trailer
endorsement. Individuals with a valid Class A CDL seeking such an
endorsement need only pass a knowledge test. The measures proposed by
UPS would ensure that drivers receive on-road skills training prior to
receiving the double/triple trailer endorsement.
In response to the comment stating that UPS did not seek an
exemption from 49 CFR 380.23, FMCSA notes that section 380.23 applies
only to operators of longer combination vehicles (LCVs), which have a
gross vehicle weight greater than 80,000 pounds. The training
requirements in 49 CFR part 380, subpart A, continue to apply to UPS
drivers operating LCVs.
FMCSA has evaluated UPS's application and the public comments and
decided to grant the exemptions. The Agency believes that UPS's
training procedures will likely enable UPS and its drivers to achieve a
level of safety that is equivalent to, or greater than, the level of
safety achieved without the exemption (49 CFR 381.305(a)). The
exemption is restricted to UPS's driver-trainee CLP holders operating
vehicles with a gross vehicle weight of 80,000 pounds or less. The
exemption will enable UPS drivers to obtain on-the-road training in
doubles only under direct supervision of a certified driver instructor
who has completed UPS's 8 week UPS Driver Trainer and Instructor
Program and is recertified every 90 days before obtaining a CDL and the
required endorsement for operating such CMVs.
Prior to making its decision, the Agency conducted a comprehensive
review of UPS's safety performance, which included a review of the
Motor Carrier Management Information System safety records, and
inspection and accident reports submitted to FMCSA by State agencies.
UPS possesses an active USDOT registration, maintains minimum required
levels of financial responsibility, is not subject to an ``imminent
hazard'' or other out-of-service (OOS) order, and has a
``satisfactory'' safety rating with FMCSA. FMCSA has therefore decided
to grant the exemptions, subject to the terms and conditions outlined
below.
VII. Terms and Conditions of the Exemption
The exemptions from 49 CFR 383.37(a) and 49 CFR 383.93(b)(1) will
allow UPS driver-trainee CLP holders who have completed yard skills
training and passed a company administered knowledge test in all of the
areas required to obtain a double/triple trailer endorsement on a CDL
under 49 CFR 383.115 to operate doubles under direct supervision of a
certified training instructor who has a CDL with the double/triple
trailer endorsement. Driver-trainees covered by these exemptions will
not be required to possess a CDL or a double/triple trailer endorsement
while performing on-the-road training in doubles. However, drivers will
be required to present proof to law enforcement, upon request, that
they have completed yard skills training and passed a company-
administered knowledge test.
Terms and Conditions of the Exemption
Each driver covered by the exemption must maintain a valid
CLP and not be subject to an OOS order or loss of driving privileges;
Each driver must meet all of FMCSA's physical
qualifications requirements under 49 CFR part 391;
Each driver with a CLP must receive a minimum of 80 hours
of training administered by UPS. The training must include at least 15
hours of classroom instruction, 18 hours of one-on-one field
instruction focused on coupling and uncoupling doubles equipment, and
45 hours of individual on-road instruction operating doubles equipment
on a public roadway;
Drivers must successfully achieve a score of at least 80%
on a UPS-administered written knowledge test similar in content to that
which would be administered by the State pursuant to 49 CFR 383.115,
before beginning BTW skills training in doubles;
Doubles skills training for CLP holders will start in
empty vehicles in a closed yard before moving to a public roadway;
During all BTW training, driver-trainees will be under the
direct supervision of a Class A CDL holder with a double/triple
endorsement who has been certified as an instructor by UPS through an 8
week training program and is recertified every 90 days and who meets
the qualifications in the definition of ``BTW instructor'' in 49 CFR
380.605;
UPS will maintain a ``satisfactory'' safety rating
assigned by FMCSA under the procedures in 49 CFR part 385; and
Each driver must have a copy of this notice in his or her
possession while operating under the terms of the exemptions. This
notice serves as the exemption document and must be presented to law
enforcement officials upon request.
Preemption
During the period these exemptions are in effect; no State may
enforce any law or regulation that conflicts with or is inconsistent
with the exemptions with respect to a person or entity operating under
the exemptions (49 U.S.C. 31315(d)).
FMCSA Accident Notification
UPS must notify FMCSA immediately of any accidents (as defined by
49 CFR 390.5) involving the operation of any of its CMVs while
utilizing these exemptions. The notification must be by email to
[email protected], and include the following information:
a. Exemption Identifier: ``UPS'';
b. Date of the accident;
c. City or town, and State, in which the accident occurred, or
which is closest to the scene of the accident;
d. Driver's name and driver's license number;
e. Co-driver's name and driver's license State, number, and class;
[[Page 58905]]
f. Vehicle company number and power unit license plate State and
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 total driving time and the total on-duty time of the CMV
driver at the time of the accident.
Termination
The FMCSA does not believe the CLP holders covered by the
exemptions will experience any deterioration of their safety record.
However, should this occur, FMCSA will take all steps necessary to
protect the public interest, including revocation of these exemptions.
The FMCSA will immediately revoke these exemptions for failure to
comply with the terms and conditions set forth above.
Robin Hutcheson,
Deputy Administrator.
[FR Doc. 2022-20968 Filed 9-27-22; 8:45 am]
BILLING CODE 4910-EX-P
