[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 [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-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]
BILLING CODE 4910-EX-P