[Federal Register Volume 86, Number 220 (Thursday, November 18, 2021)]
[Notices]
[Pages 64591-64593]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-25118]
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2021-0131]
Entry-Level Driver Training: Application for Exemption; Ohio
Department of Education
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), Department
of Transportation (DOT).
ACTION: Notice of application for exemption; request for comments.
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SUMMARY: FMCSA announces that the Ohio Department of Education (ODE)
has requested an exemption from the Entry-Level Driver Training (ELDT)
requirements that will be implemented in February 2022. The exemption
request applies to drivers, trained through ODE's ``Pre-Service School
Bus Driver Training'' curriculum, who are seeking to obtain their Class
B Commercial Driver's License (CDL) with school bus (S) and passenger
(P) endorsements, and to current Class B CDL holders wishing to add the
P and S endorsements. The ODE believes the Ohio theory (i.e.,
classroom) curriculum
[[Page 64592]]
and behind-the-wheel (BTW) instruction meet or exceeds all the new ELDT
requirements.
DATES: Comments must be received on or before December 20, 2021.
ADDRESSES: You may submit comments identified by Federal Docket
Management System Number FMCSA-2021-0131 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 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: 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 (FMCSA-2021-0131). 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 20590-0001, 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 regulatory 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; 202-366-2722 or [email protected]. If you have questions
on viewing or submitting material to the docket, contact Docket
Operations, 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-2021-0131), 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-2021-0131'' in the ``Search'' box, and click
``Search.'' When the new screen appears, click on ``Documents'' button,
then click the ``Comment'' button associated with the latest notice
posted. Another screen will appear, insert the required information.
Choose whether you are submitting your comment as an individual, an
organization, or anonymous. Click ``Submit Comment.''
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 materials received during the comment period.
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. 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 (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
Current Regulation(s) Requirements
FMCSA's entry-level driver training (ELDT) regulations set forth
minimum training standards for certain individuals applying for a Class
A or Class B CDL for the first time; an upgrade of their CDL (e.g., a
Class B CDL holder seeking a Class A CDL); or a hazardous materials
(H), passenger (P), or school bus (S) endorsement for the first time
(49 CFR part 380, subpart F). These individuals are subject to the ELDT
requirements and must complete a prescribed program of instruction
provided by an entity that is listed on FMCSA's Training Provider
Registry (TPR). The training requirements do not mandate a minimum
number of theory or behind-the-wheel (BTW) hours for the completion of
the Class A and B CDL or the S, P, or H endorsement curricula. FMCSA
will submit driver-specific training certification information to State
driver licensing agencies, which can administer CDL skills tests to
applicants for the Class A and B CDL, and/or the P or S endorsements,
or knowledge test for the H endorsement, only after verifying the
driver completed the required training. The compliance date for the
ELDT regulations is February 7, 2022.
Applicant's Request
The ODE requests an exemption from the ELDT requirements as set
forth in 49 CFR part 380.\1\ The exemption request applies to drivers,
trained through ODE's ``Pre-Service School Bus Driver Training''
curriculum, who are seeking to obtain their Class B Commercial Driver's
License (CDL) with school bus (S), passenger (P), and air brake
endorsements and to current Class B CDL holders wishing to add the P
and
[[Page 64593]]
S endorsements. If granted the exemption, ODE requests it remain in
effect as long as the Ohio Pre-Service theory and BTW curricula meet or
exceed all of the Federal training standards. The ODE states that the
Ohio Pre-Service School Bus Driver Training program was established in
1978, and periodic review and upgrades to the program are continuous.
With more than 25,000 school buses operated in Ohio, safety is of
greatest importance for the ODE's Office of Pupil Transportation, and
thousands of drivers are trained through the Department's program each
year, including new and ``existing'' drivers seeking their initial CDL
and applicable P and S endorsements.
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\1\ ODE did not specify which subparts within 49 CFR part 380
are included within the scope of its application for exemption.
However, based on the application's reference to ``the new Entry
Level Driver Training regulations,'' FMCSA interprets that ODE is
requesting exemption from 49 CFR part 380, subpart F, which includes
the ELDT requirements for drivers as set forth in Sec. 380.609.
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The ODE's application explains that all drivers who operate school
buses in Ohio must be listed in the ODE's School Foundation Payment
System (SFPS) portal which tracks driver license information and
assures drivers complete the necessary training requirements to
transport students in Ohio. The SFPS verifies that drivers participated
in both theory and BTW instruction, and also completes daily checks of
driver certificates to ensure certificates are not expired. All drivers
are required to attend theory training and have skill evaluations at
least every 6 years. Most drivers are evaluated annually by their
supervisors and/or on-the-bus instructors.
The ODE contends that without this requested exemption, ``Ohio
school bus drivers would be required to have more training than anyone
in the industry.'' School bus drivers who complete the Ohio Pre-Service
School Bus Driver Training meet all the criteria to operate any Group-B
commercial motor vehicle (CMV). This training program enables a driver
to obtain a Class B CDL and provides the training to obtain either the
P, S, or air brake endorsements, which allow for the driver to operate
multiple Group B-regulated CMVs.
IV. Equivalent Level of Safety
The ODE believes the current State revised and administrative codes
that requires new Ohio school bus drivers to successfully complete 15
hours of theory instruction and a minimum of 12 hours of BTW
instruction and the training instructors' credentials, exceeds the
requirements set forth in the ELDT regulations. The ODE's application
also references the Ohio law requiring ``existing'' drivers to
successfully complete 9 hours of theory instruction once every six
years after initial certification, and requiring school bus drivers to
complete a minimum of 4 hours of annual in-service training specific to
the operation of a school bus, as additional elements that exceed the
level of safety of the ELDT regulations.
V. Request for Comments
In accordance with 49 U.S.C. 31315(b), FMCSA requests public
comment from all interested persons on the ODE's application for an
exemption from the Federal ELDT regulations in 49 CFR part 380 subpart
F for drivers trained through its Pre-Service School Bus Driver
Training curriculum. 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. 2021-25118 Filed 11-17-21; 8:45 am]
BILLING CODE 4910-EX-P