[Federal Register Volume 89, Number 73 (Monday, April 15, 2024)]
[Notices]
[Pages 26211-26213]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-07901]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2023-0272]


Commercial Driver's License: State of Hawaii Department of 
Transportation; Application for Exemption

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 the Hawaii Department of Transportation's 
(HDOT) requests for an exemption on behalf of the Hawaii Department of 
Education's (DOE) Transportation Services Branch and independent 
schools statewide to allow Class A or B commercial driver's license 
(CDL) holders with a passenger (P) endorsement to operate a school bus 
without holding a school bus (S) endorsement, and to allow the use of 
motorcoaches and vans to transport students to/from a central location 
to school daily. HDOT states that except for the S endorsement training 
requirements, all other Federal and State training requirements will be 
completed before drivers start transporting students in motorcoaches. 
HDOT believes an exemption will provide a temporary resolution to its 
school bus driver shortage while drivers complete the S endorsement 
training. FMCSA requests public comment on the applicant's request for 
exemption.

DATES: Comments must be received on or before May 15, 2024.

ADDRESSES: You may submit comments identified by Federal Docket 
Management System (FDMS) Number FMCSA-2023-0272 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: Dockets Operations, U.S. Department of 
Transportation, 1200 New Jersey Avenue SE, West Building, Ground Floor, 
Washington, DC 20590-0001.
     Hand Delivery or Courier: West Building, Ground Floor, 
1200 New Jersey Avenue SE, Washington, DC, between 9 a.m. and 5 p.m. 
E.T., Monday through Friday, except Federal holidays.
     Fax: (202) 493-2251.
    Each submission must include the Agency name and the docket number 
(FMCSA-2023-0272) 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 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. To 
be sure someone is there to help you, please call (202) 366-9317 or 
(202) 366-9826 before visiting Dockets Operations.
    Privacy Act: In accordance with 49 U.S.C. 31315(b), DOT solicits 
comments from the public to better inform its exemption process. DOT 
posts these comments, 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 under the ``Department 
Wide System of Records Notices'' link at https://www.transportation.gov/individuals/privacy/privacy-act-system-records-notices. The comments are posted without edit and are searchable by the 
name of the submitter.

FOR FURTHER INFORMATION CONTACT: Mr. Richard Clemente, Driver and 
Carrier Operations Division; Office of Carrier, Driver and Vehicle 
Safety Standards, FMCSA; (202) 366-2722; [email protected]. If 
you have questions on viewing or submitting

[[Page 26212]]

material to the docket, contact Dockets Operations 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-2023-0272), indicate the specific section of this 
document to which the comment applies, and provide a reason for your 
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-2023-0272'' in the keyword box, and click 
``Search.'' Next, sort the results by ``Posted (Newer-Older),'' choose 
the first notice listed, click the ``Comment'' button, and type your 
comment into the text box on 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.

Confidential Business Information (CBI)

    CBI is commercial or financial information that is both customarily 
and actually treated as private by its owner. Under the Freedom of 
Information Act (5 U.S.C. 552), CBI is exempt from public disclosure. 
If your comments responsive to the notice contain commercial or 
financial information that is customarily treated as private, that you 
actually treat as private, and that is relevant or responsive to the 
notice, it is important that you clearly designate the submitted 
comments as CBI. Please mark each page of your submission that 
constitutes CBI as ``PROPIN'' to indicate it contains proprietary 
information. FMCSA will treat such marked submissions as confidential 
under the Freedom of Information Act, and they will not be placed in 
the public docket of the notice. Submissions containing CBI should be 
sent to Brian Dahlin, Chief, Regulatory Evaluation Division, Office of 
Policy, FMCSA, 1200 New Jersey Avenue SE, Washington, DC 20590-0001 or 
via email at [email protected]. At this time, you need not send a 
duplicate hardcopy of your electronic CBI submissions to FMCSA 
headquarters. Any comments FMCSA receives not specifically designated 
as CBI will be placed in the public docket for this notice.

II. Legal Basis

    FMCSA has authority under 49 U.S.C. 31136(e) and 31315(b) to grant 
exemptions from 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(a)). The Agency must 
publish its decision in the Federal Register (49 CFR 381.315(b)). If 
granted, the notice will identify the regulatory provision from which 
the applicant will be exempt, the effective period, and all terms and 
conditions of the exemption (49 CFR 381.315(c)(1)). If the exemption is 
denied, the notice will explain the reason for the denial (49 CFR 
381.315(c)(2)). The exemption may be renewed (49 CFR 381.300(b)).

III. Applicant's Request

    HDOT seeks relief from the commercial driver's license (CDL) and 
commercial learner's permit (CLP) regulations in 49 CFR part 383 for 
the following: to allow Class A or B CDL holders with a P endorsement 
to operate a school bus without holding an S endorsement CLP, and to 
allow the use of motorcoaches and vans to transport students to/from a 
central location to school on a daily basis.1 2 HDOT is 
working with DOE and independent schools statewide to provide 
alternative transportation solutions to increase the number of students 
who can attend school in-person.
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    \1\ HDOT's letter requested a waiver to ``immediately address 
the driver shortage.'' However, waivers provide only temporary 
relief for up to three months. In response, FMCSA is also treating 
the letter as a request for an exemption and seeking public 
comments.
    \2\ HDOT's application also included a request to be relieved 
from the S endorsement requirements to allow drivers with a Class 3 
driver's license to temporarily transport students to/from school in 
smaller vehicles such as vans. The Agency has determined that HDOT 
does not need an exemption to transport students in these non-CDL 
vehicles because, to the extent they fall within the definition of 
school bus and school bus operation, they are excepted from 
regulation under subchapter B of the Federal Motor Carrier Safety 
Regulations except for the restrictions on driving while texting, 
using a hand-held phone, and driving while in prohibited status. 
Therefore, an exemption allowing the non-CDL Class 3 vehicles to 
transport students to and from school is unnecessary.
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    HDOT is requesting relief, so that Class A and Class B drivers who 
have a P endorsement may operate traditional school buses in a school 
bus operation, without the required S endorsement. HDOT is also 
requesting the same relief for Class A and Class B drivers who operate 
motorcoaches or vans to transport students from a central location to 
school and from school to a central location on a daily basis. Hawaii 
currently has a severe shortage of school bus drivers, and as a result, 
the DOE had to reduce services to public school students who do not 
have transportation to/from school. This reduction of services 
statewide has impacted the number of students who can attend school in 
person, especially in rural areas. The shortage has forced a suspension 
or partial suspension on the islands of Oahu and Kauai, and the route 
suspensions and partial suspensions will last the entire 2023-2024 
school year.
    HDOT indicates that with the exception of the S endorsement, all 
other Federal and State training requirements will be completed prior 
to the drivers starting motorcoach service. Drivers will be in the 
process of completing their S endorsements, and therefore HDOT 
anticipates that the remaining requirement will be met within a 
reasonable time frame. The DOE will continue to accept responsibility 
for the initial screening and proficiency of all drivers allowed to 
provide bus service for students.
    A copy of HDOT's application for exemption is available for review 
in the docket for this notice.

IV. Request for Comments

    In accordance with 49 U.S.C. 31315(b), FMCSA requests public 
comment from all interested persons on HDOT's application for an 
exemption, so that a Class A or B CDL holder with a P endorsement may 
operate a school

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bus without holding an S endorsement. 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. 2024-07901 Filed 4-12-24; 8:45 am]
BILLING CODE 4910-EX-P