Entry-Level Driver Training: United Parcel Service, Inc. (UPS); Reconsideration of Denial of Application for Exemption

Topics:  UPS

Larry W. Minor
Federal Motor Carrier Safety Administration
23 September 2020

[Federal Register Volume 85, Number 185 (Wednesday, September 23, 2020)]
[Notices]
[Pages 59850-59851]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-21025]


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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); 
Reconsideration of Denial of Application for Exemption

AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.

ACTION: Application for exemption; request for comments.

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SUMMARY: FMCSA announces that United Parcel Service, Inc. (UPS) seeks 
reconsideration of the Agency's denial of its application for exemption 
from provisions in the Entry-Level Driver Training (ELDT) final rule 
requiring two years of experience for training instructors. UPS 
believes that its current process of preparing driver trainers exceeds 
any skill set gained merely by operating a tractor-trailer for two 
years. UPS also believes that a two-year experience requirement doesn't 
automatically equate to success as a commercial motor vehicle (CMV) 
driver trainer. UPS makes this reconsideration request to ensure that 
it can continue to exceed the current regulatory requirements and 
provide proper training of its drivers and improve highway and public 
safety. FMCSA requests public comment on the UPS application for 
reconsideration.

DATES: October 23, 2020.

ADDRESSES: You may submit comments bearing the Federal Docket 
Management System (FDMS) Docket ID FMCSA-2019-0139 using any of the 
following methods:
     Federal eRulemaking Portal: www.regulations.gov. Follow 
the online instructions for submitting comments.
     Mail: Send comments to Docket Operations, 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: Deliver comments to Docket 
Operations, 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. To be sure someone is there to help you, 
please call (202) 366-9317 or (202) 366-9826 before visiting Docket 
Operations.
    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, 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:

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.

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-2019-0139'' 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.

[[Page 59851]]

II. 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. 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 the safety analyses and the public comments, 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 reason for the grant or denial, and, if granted, 
the specific person or class of persons receiving the exemption, and 
the regulatory provision or provisions from which exemption is granted. 
The notice must also specify the effective period of the exemption (up 
to 5 years), and explain the terms and conditions of the exemption. The 
exemption may be renewed (49 CFR 381.300(b)).

III. Background

    The Entry-Level Driver Training (ELDT) final rule was adopted 
pursuant to 49 U.S.C. 31305(c). The rule is based in part on consensus 
recommendations from the Agency's ELDT Advisory Committee, a negotiated 
rulemaking committee. The rule enhances the safety of CMV operations on 
our Nation's highways by establishing a minimum standard for ELDT and 
increasing the number of drivers who receive ELDT. The rule revises 49 
CFR part 380, Special Training Requirements, to include, among other 
things, driver training instructor qualifications. Under 49 CFR 380.713 
a driver training instructor must 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.
    On June 19, 2019, FMCSA published a UPS application for exemption 
from two provisions of the ELDT final rule and requested public comment 
[84 FR 28623]. UPS requested an exemption from (1) the requirement in 
49 CFR 380.713 that a driver training instructor hold a Commercial 
Driver's License (CDL) and have two years' experience driving a 
commercial motor vehicle (CMV), as set forth in the definitions of 
``behind-the-wheel (BTW) instructor'' and ``theory instructor;'' and 
(2) the requirement in 49 CFR 380.703(a)(7) to register each training 
location in order to obtain a unique Training Provider Registry (TPR) 
number applicable to that location.
    The Agency received 112 comments, including 58 supporting the 
requested exemptions and 51 opposing them. Three other commenters had 
no position either for or against the application and provided no 
substantive comments.
    On December 9, 2019, the Agency denied the UPS exemption request 
because the application did not provide an analysis of the safety 
impacts the requested exemptions may cause, as required by 49 CFR 
381.310(c)(4), and did not explain how the exemptions would likely 
achieve a level of safety equivalent to, or greater than, the level 
that would be achieved by complying with the current regulations, as 
required by 49 CFR 381.310(c)(5).

IV. Request for Reconsideration of Agency Decision

    On July 1, 2020, UPS requested that FMCSA reconsider its denial of 
the exemption from 49 CFR 380.713. UPS believes that its current 
process of preparing driver trainers exceeds any skill set gained 
merely by operating a tractor-trailer for two years. The company also 
believes that a two-year experience requirement doesn't automatically 
equate to success as a CMV driver trainer. UPS has provided the Agency 
with updated information since the original denial illustrating that 
many of their locations have experienced turnover issues with driver 
trainers. UPS stated that it has had to hire 100 candidates to attempt 
to net the 50 trainer positions necessary across the U.S. Of the 100 
hired, UPS has been able to retain only 38 trainers for the reasons 
explained in the request for reconsideration. A copy of the UPS 
application is in the docket listed at the beginning of the this 
notice.

V. Request for Comments

    In accordance with 49 U.S.C. 31315(b)(6), FMCSA requests public 
comment from all interested persons on UPS' request for reconsideration 
of its application for an exemption. All comments received before the 
close of business on the comment closing date indicated at the 
beginning of this notice will be considered and will be available for 
examination in the docket at the location listed under the Addresses 
section of this notice. Comments received after the comment closing 
date will be filed in the public docket and will be considered to the 
extent practicable. In addition to late comments, FMCSA will also 
continue to file, in the public docket, relevant information that 
becomes available after the comment closing date. Interested persons 
should continue to examine the public docket for new material.

Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2020-21025 Filed 9-22-20; 8:45 am]
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