Entry-Level Driver Training: United Parcel Service, Inc. (UPS); Application for Exemption |
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Topics: UPS
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Larry W. Minor
Federal Motor Carrier Safety Administration
19 June 2019
[Federal Register Volume 84, Number 118 (Wednesday, June 19, 2019)]
[Notices]
[Pages 28623-28624]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-13014]
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2019-0139]
Entry-Level Driver Training: United Parcel Service, Inc. (UPS);
Application for Exemption
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.
ACTION: Notice of application for exemption; request for comments.
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SUMMARY: FMCSA announces that it has received an application for
exemption from United Parcel Service, Inc. (UPS) from two provisions in
the entry-level driver training (ELDT) final rule published on December
8, 2016. These provisions are the following: (1) The requirement that a
driver training instructor have two years' experience and have held a
Commercial Driver's License (CDL) for two years as set forth in the
definitions of behind-the-wheel (BTW) instructor and theory instructor;
and (2) the requirement to register each training location for a unique
Training Provider Registry (TPR) number. FMCSA requests public comment
on the applicant's request for exemption.
DATES: Comments must be received on or before July 19, 2019.
ADDRESSES: You may submit comments identified by Federal Docket
Management System (FDMS) Number FMCSA-2019-0139 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.
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 online 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: Mr. Richard Clemente, 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.
Submitting Comments
If you submit a comment, please include the docket number for this
notice (FMCSA-2019-0139), 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-2019-0139'' 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. FMCSA will consider all comments and material received
during the comment period and may grant or not grant this application
based on your comments.
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)).
III. Request for Exemption
An exemption application has been submitted by United Parcel
Service, Inc. (UPS). The applicant seeks an exemption from the
following two provisions in the entry-level driver training (ELDT)
final rule: (1) The requirement in 49 CFR 380.713 that a driver
training instructor have two years' experience and have held a
commercial driver's license (CDL) for two years as set forth in the
definitions of behind-the-wheel (BTW) instructor and theory instructor
in 49 CFR 380.605(b); and (2) the requirement in 49 CFR 380.703(a)(7)
to register each training location for a unique Training Provider
Registry (TPR) number.
According to UPS, it has a driver training school (DTS) that trains
its
[[Page 28624]]
employees to become driver instructors. UPS describes its DTS as a
success, as the school has trained hundreds of driver instructors, many
of whom did not have previous CDL experience. UPS DTS instructors have,
on average, 20 years of UPS experience, hold a CDL of the same (or
higher) class and with all endorsements necessary to operate a CMV for
which training is provided, have completed the DTS program, have
maintained their DTS certification through quarterly additional
training, and are employed by UPS as supervisors or managers. The DTS
conducts an 8-week program designed to train supervisors and managers
in UPS' long-haul operations to deliver driver training to drivers at
their ``home'' worksites. The curriculum covers all the topics set
forth in Part 380 Appendix A for the new ELDT rule. The UPS instructor
trainees are assessed in progress reviews at days 5, 10, and 15, and a
current DTS instructor monitors the quality of the training and trainee
progress. According to UPS, the DTS program produces highly qualified
driver instructors. Additionally, all UPS driver instructors are
required to be recertified every 90 days to demonstrate the same skill
level shown for their original DTS certification. UPS further performs
internal quality assessments to validate that instructor skillsets are
maintained throughout the organization.
UPS requests that it be exempted from the ELDT driver instructor
qualification requirements. According to UPS, under the new ELDT
regulations no one could be an instructor at the time these regulations
go into effect unless he/she had obtained a CDL and had begun driving
by February 7, 2018. UPS states that if it must comply with the
instructor qualification requirements in the ELDT rule, it would not be
able to use 25% of its current certified driver instructors, at
minimum. Looking ahead two more years, that number would likely
increase to 50% due to its changing workforce. UPS sees an increase in
growth through volume demand, as well as an aging workforce that will
lead to retiring CDL drivers and certified driver instructors. Without
an exemption from the [ELDT] trainer requirements, UPS's inability to
use its current driver instructors will impede substantially its
ability to meet the demand for new drivers. UPS adds that the exemption
is needed to meet Union contractual requirements, as under its
collective bargaining agreement with the International Brotherhood of
Teamsters (Teamsters), six current UPS employees must be provided with
a promotion opportunity for every new hire.
The second part of UPS's application for exemption requests an
exemption from the requirement in 49 CFR 380.703(a)(7), to register
each training location for a unique Training Provider Registry (TPR)
number. According to UPS, training for new drivers takes place in many
locations. In each location, instructors who have been trained in the
same way pursuant to UPS' DTS program will use a common FMCSR-compliant
curriculum developed at a corporate level. UPS's Director of Driver
Training is responsible for UPS's firm-wide training program. UPS is
operating a single training program in multiple locations. UPS states
that it needs this exemption due to the significant administrative
burden that would result if it had to register every UPS location at
which a new driver could be trained. In addition, having separate TPR
numbers for multiple locations offering essentially the same training
could create internal confusion for UPS, drivers, and the Agency. UPS
new driver training may occur at as many as 1,800 separate locations a
year. UPS estimates that the cost to register all of these locations
would be substantial, and that it would incur additional costs to keep
track of the various registrations, file updates, and new driver
registrations.
IV. Method To Ensure an Equivalent or Greater Level of Safety
UPS offers its ``train the trainer'' program within its DTS to
assure an equivalent level of safety. According to UPS, its DTS
produces highly skilled instructors who know how to drive tractor-
trailers and how to teach others to operate tractor-trailers in a safe
manner. UPS believes that graduates of its DTS training program are
better prepared to impart knowledge and skills on new drivers than
someone who has had two years of driving experience. According to UPS,
experience over time has shown that their instructors produce expertly
trained, safe entry-level drivers. All DTS certified driver instructors
are re-certified every 90 days and UPS conducts periodic (minimum
annual) internal quality assessments of the DTS program. In regards to
the registration requirements, UPS assures that the registration
requirements will be fulfilled by a single registration for UPS' driver
training program managed by UPS, if the exemption granted. UPS'
requested exemption is for 5 years from the ELDT provisions 49 CFR
380.713 and 49 CFR 380.703(a)(7).
A copy of UPS's application for exemption is available for review
in the docket for this notice.
Issued on: June 12, 2019.
Larry W. Minor,
Associate Administrator of Policy.
[FR Doc. 2019-13014 Filed 6-18-19; 8:45 am]
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