[Federal Register Volume 87, Number 187 (Wednesday, September 28, 2022)]
[Notices]
[Pages 58902-58905]
[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:<PHONE_NUMBER>; Email: [email protected]. If
you have questions on viewing or submitting material to the docket,
contact Docket Services, telephone<PHONE_NUMBER>.

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,

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<PHONE_NUMBER> or<PHONE_NUMBER> 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)

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;

    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


rules. In addition, new Rule 118-AEMI(k) would permit the Exchange to
nullify or modify a trade if the Exchange determines that the
transaction is erroneous as a result of the automatic execution of an
order, bid, or offer by AEMI against an Amex quote that was not firm
under one of the three exceptions to the firm quote requirement for
bids and offers set forth in Rule 123-AEMI(h). The Commission believes
that it is reasonable and consistent with the Act for an exchange to
make transparent to its members the procedures for claiming that a
trade is clearly erroneous, the standards for assessing such a claim,
and the remedies available if the claim is substantiated. The AEMI
rules also set forth procedures to be followed for the appeal of a
determination made by a Floor Official or Floor Governor regarding such
a claim.\159\ These appeals procedures also are consistent with the Act
as they should contribute to the trade nullification and revision
procedures being exercised in a fair and reasonable manner.
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    \158\ Rules 118-AEMI(k) and 135A-AEMI.
    \159\ Rules 118-AEMI and 135A-AEMI.
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C. Accelerated Approval

    Pursuant to Section 19(b)(2) of the Act, the Commission finds good
cause to approve the proposal, as amended by Amendment No. 6, prior to
the thirtieth day after the amended proposal is published for comment
in the Federal Register. Many of the changes in Amendment No. 6 are
technical in nature and are intended only to make minor clarifications
to the rule text. Other changes are designed to make AEMI more
transparent and raise no issues of new regulatory concern. Accordingly,
the Commission finds good cause to accelerate approval of the amended
proposal prior to the thirtieth day after publication in the Federal
Register.

V. Solicitation of Comments on Amendment No. 6

    Interested persons are invited to submit written data, views, and
arguments concerning Amendment No. 6, including whether the amendment
is consistent with the Act. Comments may be submitted by any of the
following methods:

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml.
); or     Send an e-mail to<EMAIL_ADDRESS>Please include

File Number SR-Amex-2005-104 on the subject line.

Paper Comments

     Send paper comments in triplicate to Nancy M. Morris,
Secretary,

Securities and Exchange Commission, 100 F Street, NE., Washington, DC
20549-1090.

All submissions should refer to File Number SR-Amex-2005-104. This file
number should be included on the subject line if e-mail is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml
). Copies of the submission, all subsequent amendments, all

written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for inspection and
copying in the Commission's Public Reference Room. Copies of such
filing also will be available for inspection and copying at the
principal office of the Exchange. All comments received will be posted
without change; the Commission does not edit personal identifying
information from submissions. You should submit only information that
you wish to make available publicly. All submissions should refer to
File Number SR-Amex-2005-104 and should be submitted on or before
October 31, 2006.

V. Conclusion

    For the foregoing reasons, the Commission finds that the proposed
rule change, as amended, is consistent with the Act and the rules and
regulations thereunder applicable to a national securities exchange,
and in particular with Sections 6(b)(5) and 6(b)(8) of the Act.\160\
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    \160\ U.S.C. 78f(b)(5) and 78f(b)(8).
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    It is therefore ordered, pursuant to Section 19(b)(2) of the
Act,\161\ that the proposed rule change (SR-Amex-2005-105), as amended
by Amendments No. 1, 2, 3, 4, and 5, be, and it hereby is, approved,
and that Amendment No. 6 is approved on an accelerated basis.
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    \161\ 15 U.S.C. 78s(b)(2).
    \162\ 17 CFR 200.30-3(a)(12).

    For the Commission, by the Division of Market Regulation,
pursuant to delegated authority.\162\
Nancy M. Morris,
Secretary.
[FR Doc. E6-16628 Filed 10-6-06; 8:45 am]

BILLING CODE 8011-01-P


[Federal Register Volume 86, Number 123 (Wednesday, June 30, 2021)]
[Notices]
[Pages 34832-34833]
[FR Doc No: 2021-13961]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

[Summary Notice No. 2021-2079]

Petition for Exemption; Summary of Petition Received; United
States Marine Corps

AGENCY: Federal Aviation Administration, Department of Transportation.

ACTION: Notice.

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SUMMARY: This notice contains a summary of a petition seeking relief
from specified requirements of Federal Aviation Regulations. The
purpose of this notice is to improve the public's awareness of, and
participation in, the FAA's exemption process. Neither publication of
this notice nor the inclusion or omission of information in the summary
is intended to affect the legal status of the petition or its final
disposition.

DATES: Comments on this petition must identify the petition docket
number and must be received on or before July 20, 2021.

ADDRESSES: Send comments identified by docket number FAA-2021-0162
using any of the following methods:
     Federal eRulemaking Portal: Go to https://www.regulations.gov and follow the online instructions for sending your
comments electronically.
     Mail: Send comments to Docket Operations, M-30; U.S.
Department of Transportation, 1200 New Jersey Avenue SE, Room W12-140,
West Building Ground Floor, Washington, DC 20590-0001.
     Hand Delivery or Courier: Take comments to Docket
Operations in Room W12-140 of the West Building Ground Floor at 1200
New Jersey Avenue SE, Washington, DC 20590-0001, between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays.
     Fax: Fax comments to Docket Operations at<PHONE_NUMBER>.
    Privacy: 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 https://www.regulations.gov, as described in the
system of records notice (DOT/ALL-14 FDMS), which can be reviewed at
https://www.dot.gov/privacy.
    Docket: Background documents or comments received may be read at
https://www.regulations.gov at any time. Follow the online instructions
for accessing the docket or go to the Docket Operations in Room W12-140
of the West Building Ground Floor at 1200 New Jersey Avenue SE,
Washington, DC 20590-0001, between 9 a.m. and 5 p.m., Monday through
Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Jake Troutman,<PHONE_NUMBER>, Office
of Rulemaking, Federal Aviation Administration, 800 Independence Avenue
SW, Washington, DC 20591.
    This notice is published pursuant to 14 CFR 11.85.

    Issued in Washington, DC.
Timothy R. Adams,
Acting Executive Director, Office of Rulemaking.

Petition for Exemption

    Docket No.: FAA-2021-0162.
    Petitioner: United States Marine Corps.
    Section(s) of 14 CFR Affected: 91.205 & 91.209.
    Description of Relief Sought: The United States Marine Corps seeks
relief for Marine Unmanned Aerial Squadron Three (VMU-3) to operate the
RQ-21A Blackjack unmanned aircraft system (UAS) for national defense
requirements with relief from the required lighting equipage and
lighting needed to conduct UAS night operations in the Marine Corps Air
Station (MCAS) Kaneohe Bay Class D and delegated Class E airspace to
include the airspace over Marine Corps Training Area Bellows (MCTAB).

[FR Doc. 2021-13961 Filed 6-29-21; 8:45 am]
BILLING CODE 4910-13-P