Notice2022-20968
Commercial Driver's License: United Parcel Service, Inc. (UPS); Application for Exemptions
Primary source
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Published
September 28, 2022
Effective
September 28, 2022
Issuing agencies
Transportation DepartmentFederal Motor Carrier Safety Administration
Abstract
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.
Full Text
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<title>Federal Register, Volume 87 Issue 187 (Wednesday, September 28, 2022)</title>
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[Federal Register Volume 87, Number 187 (Wednesday, September 28, 2022)]
[Notices]
[Pages 58902-58905]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-20968]
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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.
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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: <a href="/cdn-cgi/l/email-protection#d9949a898a9d99bdb6adf7beb6af"><span class="__cf_email__" data-cfemail="ca87899a998e8aaea5bee4ada5bc">[email protected]</span></a>. 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 <a href="https://www.regulations.gov">https://www.regulations.gov</a> 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:
<bullet> Each driver with a CLP will receive a minimum of 80 hours
of training;
<bullet> 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;
<bullet> Doubles skills training for drivers with CLPs will start
in a closed yard;
<bullet> 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
<bullet> 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
<bullet> Each driver covered by the exemption must maintain a valid
CLP and not be subject to an OOS order or loss of driving privileges;
<bullet> Each driver must meet all of FMCSA's physical
qualifications requirements under 49 CFR part 391;
<bullet> 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;
<bullet> 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;
<bullet> Doubles skills training for CLP holders will start in
empty vehicles in a closed yard before moving to a public roadway;
<bullet> 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;
<bullet> UPS will maintain a ``satisfactory'' safety rating
assigned by FMCSA under the procedures in 49 CFR part 385; and
<bullet> 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
<a href="/cdn-cgi/l/email-protection" class="__cf_email__" data-cfemail="83cec0d3d0c7c3c7ccd7adc4ccd5">[email protected]</a>, 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
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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.