[Federal Register Volume 87, Number 207 (Thursday, October 27, 2022)]
[Notices]
[Pages 65114-65116]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-23346]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2022-0148]


Commercial Driver's License: Application for Exemption; National 
School Transportation Association

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

ACTION: Notice of final disposition; grant of application for 
exemption.

-----------------------------------------------------------------------

SUMMARY: FMCSA announces its decision to grant the exemption requested 
by the National School Transportation Association (NSTA) for commercial 
driver's license (CDL) applicants seeking a school bus endorsement, 
from the engine compartment portion of the pre-trip vehicle inspection 
skills testing requirement, known as the ``under-the-hood'' testing 
requirement. Drivers issued a CDL pursuant to the requested exemption 
would be restricted to the intrastate operation of school buses only. 
FMCSA also grants an exemption from the requirement that states 
administer this portion of the pre-trip vehicle inspection test in 
accordance with an FMCSA pre-approved examiner information manual. 
FMCSA analyzed the application and public comments and determined that 
granting the exemption is likely to achieve a level of safety 
equivalent to or greater than the level of safety that would be 
obtained in the absence of the exemption.

DATES: The exemption is effective from November 27, 2022 through 
November 27, 2024.

FOR FURTHER INFORMATION CONTACT: Mr. Richard Clemente, FMCSA Driver and 
Carrier Operations Division; Office of Carrier, Driver and Vehicle 
Safety Standards; Telephone: 202-366-2722. Email: 
[email protected]. If you have questions on viewing or 
submitting material to the docket, contact Docket Services, telephone 
(202) 366-9826.

SUPPLEMENTARY INFORMATION:

I. Public Participation

Viewing Comments and Documents

    To view comments, go to www.regulations.gov, insert the docket 
number ``FMCSA-2022-0148'' in the keyword box, and click ``Search.'' 
Next, sort the results by ``Posted (Newer-Older),'' choose the first 
notice listed, and click ``View Related Comments.''
    To view documents mentioned in this notice as being available in 
the docket, go to www.regulations.gov, insert the docket number 
``FMCSA-2022-0148'' in the keyword box, click ``Search,'' and chose the 
document to review.
    If you do not have access to the internet, you may view the docket 
by visiting Dockets Operations 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 (202) 
366-9317 or (202) 366-9826 before visiting Dockets Operations.

II. Legal Basis

    FMCSA has authority under 49 U.S.C. 31136(e) and 31315(b) 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 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 Regulatory Requirements

    FMCSA's CDL regulations in 49 CFR part 383.113(a)(1)(i) require 
that applicants for a CDL possess basic pre-trip vehicle inspection 
skills for the vehicle class that the driver operates or expects to 
operate. For all test vehicles, applicants must be able to identify 
each safety-related part on the vehicle and explain what needs to be 
inspected to ensure a safe operating condition of each part, including 
the engine compartment.
    FMCSA initially issued a three month ``under-the-hood'' waiver on 
January 3, 2022, in response to the unique circumstances resulting from 
the school bus driver shortage and which was exacerbated by the COVID-
19 pandemic. FMCSA issued two subsequent waivers, on March 28, 2022, 
and June 30, 2022.

Applicant's Request

    The NSTA applied for an exemption for CDL applicants from the 
engine compartment component of the pre-trip vehicle skills testing 
requirement,

[[Page 65115]]

known as the ``under-the-hood'' testing component, in 49 CFR 
383.113(a)(1)(i). The requested exemption would apply to CDL applicants 
seeking the school bus (S) and passenger (P) endorsements and the 
intrastate only (K) restriction. Drivers issued a CDL pursuant to the 
requested exemption would be restricted to the intrastate operation of 
school buses only. NSTA is a membership organization for school bus 
contract-operators engaged primarily in transporting students to and 
from school and school-related activities. NSTA believes the ``under-
the-hood'' testing requirement is a ``barrier to entry for new school 
bus drivers, contributing to the nationwide driver shortage.'' NSTA 
requested the exemption for a five-year period.

IV. Method To Ensure an Equivalent or Greater Level of Safety

    The applicant believes that an exemption from the ``under-the-
hood'' testing requirement will not have any effect on the safety level 
of school bus operations because school bus drivers must remain on the 
bus with students at all times. NSTA states that trained mechanics 
therefore complete roadside diagnostics and repairs of mechanical 
issues should a school bus break down. NSTA added in its comments to 
the docket that a driver is able to identify a fluid leak in a pre-trip 
inspection without opening the engine compartment and could then notify 
a maintenance technician. NSTA also noted in its comments to the docket 
that the safest mode of home-to-school transportation for students is 
the school bus.

V. Public Comments

    On August 11, 2022, FMCSA published the application for exemption 
(87 FR 49646). The Agency received 57 comments. School bus companies 
and industry associations, NSTA, the Pennsylvania Department of 
Education, the Augusta School District, and 20 other individuals 
supported the exemption. NSTA commented that ``according to the last 
waiver decision from FMCSA on June 30, 2022, it has been determined by 
FMCSA that by waiving the `under the hood' portion of the CDL exam, the 
level of safety is equivalent to the level of safety without the 
waiver.'' Commenters who supported the exemption noted that school bus 
drivers must remain with the children and, therefore, may never leave 
the bus and check the engine while en route. They noted that most 
school districts have mechanics, not drivers, perform engine 
compartment inspections. Commenters also stated that the exemption will 
attract new drivers, such as young mothers and grandparents, to their 
industry, and alleviate school bus driver shortages and CDL testing 
delays. In addition, commenters said the industry is transitioning to 
electric buses and the ``under-the-hood'' component is an antiquated 
requirement, which adds on average an additional 3-4 days of training 
time. The Wisconsin School Bus Association and the Augusta School 
District stated they have found the waivers useful to recruit and 
retain school bus drivers.
    Eight commenters opposed the exemption, including the National 
Association for Pupil Transportation (NAPT), the National Association 
of State Directors of Pupil Transportation Services (NASDPTS), the 
Minnesota Department of Public Safety (DPS), the Iowa Department of 
Transportation (DOT), Bloomington Public Schools, AWM Associates, Inc., 
and two individuals. The NAPT supported the issuance of temporary 
regulatory relief, but they now conclude ``the prudent course is to err 
on the side of safety and security.'' NAPT noted that an added 
consideration for safety is the transition of school bus fleets to 
electric propulsion and possible new safety issues to monitor, as well 
as potential security threats to school buses, for which engine 
compartment inspections are a common sense part of security due 
diligence. The NASDPTS commented that school bus drivers must be able 
to check under the hood of the vehicle to find issues before the bus 
goes out, such as worn or frayed belts or low fluid levels. NASDPTS 
added that many districts rely upon school bus drivers to perform the 
pre-trip inspections and in rural areas, many drivers take the buses 
home each night and must perform the inspections themselves. The 
NASDPTS further commented that there is a shortage of maintenance 
personnel facing the school bus industry.
    The Minnesota DPS commented that the point of the pre-trip 
inspection is to identify critical safety issues prior to leaving, not 
to repair mechanical issues while en route, and the driver must make 
sure the vehicle is safe to operate prior to a trip. The Minnesota DPS 
questioned why the engine compartment component of the skills test 
would be critical for all CDL drivers except school bus drivers and 
stated that all CDL holders should be held to the same standard. The 
Minnesota DPS also stated that it is burdensome and confusing to 
program software for a temporary change, as well as to train law 
enforcement to understand and recognize the restriction. Minnesota DPS 
also noted that many drivers in rural areas in the state take the bus 
home at night and must be able to ensure the vehicle is safe to operate 
prior to its daily operation.
    The Iowa DOT stated that it was one of the few states to adopt the 
waiver and has found it overly burdensome and confusing to implement, 
which has created unanticipated delays. The Iowa DOT added that drivers 
who receive the restricted CDL must return to the state licensing 
agency to complete the engine compartment component of the test if they 
wish to operate any other CMV, which may exacerbate driver shortage 
issues in other industries and increase CDL skills test wait times. 
Bloomington Public Schools stated that its mechanics are too busy to 
check fluids on a daily basis and noted that lowering the standards to 
obtain a CDL will lower the standard of drivers on the road.

VI. FMCSA Safety Analysis and Decision

    FMCSA has evaluated NSTA's application and the public comments and 
grants the exemption request for a two-year period, rather the five-
year period requested by NSTA. The two-year period will allow states 
time to implement the American Association of Motor Vehicle 
Administration (AAMVA) recommendations for modernizing the CDL skills 
testing procedures, which may eliminate the need for the exemption by 
providing an option for a less burdensome engine compartment component 
of the test.
    Due to the limited scope of the ``under-the-hood'' waiver, the 
existing regulatory requirements that remain in place, and the terms, 
conditions, and restrictions of the waivers, FMCSA determined that 
previous ``under-the-hood'' waivers were likely to achieve a level of 
safety that is equivalent to the level of safety that would be obtained 
absent the waiver. The exemption would similarly achieve an equivalent 
level of safety. The exemption does not apply to the remaining elements 
of the pre-trip vehicle inspection components of the skills test, as 
set forth in 49 CFR 383.113(a)(1)(ii-ix). Accordingly, drivers 
obtaining CDLs under this exemption will have demonstrated their 
ability to safely operate the special features of a school bus. In 
response to NASDPTS's concern about the physical abilities of school 
bus drivers, the exemption does not change the physical qualification 
requirements for drivers in 49 CFR part 391, subpart E.
    Further, because school buses are typically operated for relatively 
short distances, mechanics or other qualified personnel can readily 
provide roadside

[[Page 65116]]

assistance in the event of an engine malfunction. The exemption does 
not change FMCSA's vehicle maintenance requirements in 49 CFR part 396, 
including that every motor carrier must systematically inspect, repair, 
and maintain all vehicles (Sec.  396.3) and that unsafe operations of a 
motor vehicle are forbidden (Sec.  396.7). Any state or local school 
bus inspection maintenance standards would continue to apply under this 
exemption. In response to concerns from the Minnesota DPS and Iowa DOT, 
FMCSA notes that use of the exemption is optional for states. A state 
may elect to continue to require all CDL applicants to meet the 
requirements of 49 CFR 383.113(a)(1)(i).
    As a part of the exemption, the State Driver Licensing Agency 
(SDLA) must, upon request by FMCSA, provide the Agency with the names 
and CDL numbers of the drivers who were issued a CDL pursuant to the 
terms of the exemption.
    For the above reasons, NSTA's exemption application is granted.

VII. Terms and Conditions of the Exemption

    This exemption covers states for the period beginning at 12:00 a.m. 
(ET) on November 27, 2022 and continuing through 11:59 p.m. on November 
27, 2022. Under this exemption, a state may, but is not required to, 
waive the engine compartment portion of the pre-trip vehicle inspection 
skills test, set forth in 49 CFR 383.113(a)(1)(i), only for CDL 
applicants seeking the S and P endorsements, subject to the (K) 
restriction limiting their operation to intrastate commerce. States 
issuing CDLs pursuant to this exemption are not subject to the 
requirement in 49 CFR 383.133(c)(1) that this portion of the pre-trip 
vehicle inspection test be administered in accordance with an FMCSA 
pre-approved examiner information manual.
    FMCSA intends to continue to closely monitor the safety impacts of 
the relief granted under this exemption. As necessary, FMCSA may take 
action to modify the exemption, including scaling back the regulatory 
relief provided, or to terminate the exemption sooner, if conditions 
warrant.
    States issuing CDLs pursuant to this exemption must abide by the 
following terms and conditions:
    1. The CDL credential must conform to the requirements of Part 383, 
subpart J.
    2. When issuing a K-restricted CDL with the S and P endorsements 
pursuant to this exemption, states must continue to comply with the 
applicable provisions set forth in 49 CFR 383.73.
    3. When issuing a K-restricted CDL with the S and P endorsements 
pursuant to this exemption, states must place a school bus only 
restriction on the CDL in accordance with 49 CFR 383.153(a)(10)(ix).
    4. States must conduct the remaining pre-trip vehicle inspection 
components of the skills test for drivers subject to this exemption, as 
set forth in 49 CFR 383.113(a)(1)(ii-ix).
    5. Upon request from FMCSA, the SDLA must provide the names and CDL 
numbers of drivers who issued a CDL pursuant to the terms of this 
exemption, as authorized by 49 CFR 383.73(h) and 384.225(e)(2).
    6. This exemption applies only to the intrastate operation of 
school buses used to transport students from home to school, from 
school to home, or to and from school-sponsored events, as defined in 
49 CFR 383.5.\1\
---------------------------------------------------------------------------

    \1\ 49 CFR 383.5 defines ``school bus'' as ``a CMV used to 
transport pre-primary, primary, or secondary school students from 
home to school, from school to home, or to and from school-sponsored 
events. School bus does not include operations of a for-hire motor 
carrier.''
---------------------------------------------------------------------------

    7. FMCSA reserves the right to revoke this exemption for drivers' 
involvement in accidents, the failure of states or drivers to comply 
with the terms of this exemption, or as circumstances otherwise 
warrant.

Robin Hutcheson,
Administrator.
[FR Doc. 2022-23346 Filed 10-26-22; 8:45 am]
BILLING CODE 4910-EX-P