[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