[Federal Register Volume 89, Number 105 (Thursday, May 30, 2024)]
[Notices]
[Pages 46986-46987]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-11869]


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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), Department 
of Transportation (DOT).

ACTION: Notice of application for renewal of exemption; request for 
comments.

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SUMMARY: FMCSA announces that it has received an application from the 
National School Transportation Association (NSTA) to renew its 
exemption that permits all commercial driver's license (CDL) applicants 
seeking a school bus endorsement to forgo the engine compartment 
portion of the pre-trip vehicle inspection skills testing requirement, 
known informally as the ``under-the-hood'' testing requirement. Drivers 
issued CDLs pursuant to the requested exemption are restricted to 
intrastate operation of school buses only. The current exemption is 
effective from November 28, 2022, through November 28, 2024, and NSTA 
has requested a three-year extension of the exemption. FMCSA requests 
public comment on NSTA's request for exemption.

DATES: Comments must be received on or before July 1, 2024.

ADDRESSES: You may submit comments bearing the Federal Docket 
Management System (FDMS) Docket ID FMCSA-2022-0148 using 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, 
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., 
ET, Monday through Friday, except Federal holidays.
     Fax: (202) 493-2251.
    Each submission must include the Agency name and the docket number 
for this notice (FMCSA-2022-0148). 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: If you do not have access to the internet, you may view the 
docket by visiting Docket Operations on the ground floor of the DOT 
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 at https://www.transportation.gov/privacy. The comments are posted without edit 
and are searchable by the name of the submitter.

FOR FURTHER INFORMATION CONTACT: Mr. Richard Clemente, FMCSA Driver and 
Carrier Operations Division; Office of Carrier, Driver and Vehicle 
Safety Standards; 202-366-2722; [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 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-2022-0148), 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-2022-0148'' in the ``Keyword'' box, and click 
``Search.'' When the new screen appears, click on the ``Comment'' 
button and type your comment into the text box in 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

[[Page 46987]]

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 the applicant's safety analyses. 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(s) 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. Background

Current Regulatory Requirements

    FMCSA's CDL regulations in 49 CFR 383.113(a) require that 
applicants for a CDL possess basic pre-trip vehicle inspection skills 
for the vehicle class that they operate or expect to operate. 
Applicants must be able to identify each safety-related part on the 
test vehicle and explain what needs to be inspected to ensure a safe 
operating condition of each part.
    On January 3, 2022, in response to a request from NSTA, FMCSA 
issued a three-month waiver from 49 CFR 383.113(a)(1)(i), which 
requires CDL applicants to demonstrate familiarity with the engine 
compartment, the so-called ``under-the-hood'' requirement. The waiver 
responded to the unique circumstances resulting from the school bus 
driver shortage, which was exacerbated by the COVID-19 pandemic. FMCSA 
issued two subsequent three-month waivers, on March 28, 2022, and June 
30, 2022.
    FMCSA published notice of NSTA's application for a longer-term 
exemption from the ``under-the-hood'' skills testing requirement on 
August 11, 2022 (87 FR 49646). The Agency analyzed the application and 
public comments and determined that granting it was likely to achieve a 
level of safety equivalent to or greater than the level of safety that 
would be achieved in the absence of the exemption. On October 27, 2022, 
FMCSA granted a two-year ``under-the-hood'' exemption which will expire 
on November 27, 2024 (87 FR 65114). The exemption applies to CDL 
applicants seeking the school bus (S) and passenger (P) endorsements 
and the intrastate only (K) restriction. Consequently, drivers issued a 
CDL pursuant to the exemption are restricted to the intrastate 
operation of school buses only.

IV. Applicant's Request

    NSTA applied for renewal of the exemption on February 28, 2024. 
NSTA is a membership organization for school bus contract-operators 
engaged primarily in transporting students to and from school and 
school-related activities. Its members range from small family 
businesses serving one school district, to large corporations operating 
tens of thousands of buses across multiple states all with a stated 
commitment to the safe, efficient, and economical transportation of 
students. According to NSTA, private school bus contractors account for 
38 percent of the nation's pupil transportation services and employ 
more than 250,000 individuals as bus drivers, mechanics, maintenance 
workers, dispatch workers, and office workers. School transportation 
represents the largest form of mass transportation in the United 
States, and daily almost 26 million K-12 students are transported by an 
estimated 480,000 yellow school buses.
    NSTA requests renewal of the exemption for a three-year period 
because NSTA claims it has aided in the successful recruitment of 
school bus drivers who otherwise may not have obtained a CDL. According 
to NSTA, the industry's CDL training resources are limited, and the 
exemption helps ensure that the limited resources are used to train 
school bus drivers, rather than operators of other kinds of CMVs. NSTA 
indicates that the current exemption has had a demonstrably positive 
impact on student transportation thus far, and notably with no negative 
impact on safety.

V. Request for Comments

    In accordance with 49 U.S.C. 31315(b), FMCSA requests public 
comment from all interested persons on NSTA's application for the 
renewal of the exemption from the requirement in 49 CFR 
383.133(a)(1)(i) that requires CDL applicants seeking a school bus 
endorsement, to perform the engine compartment portion of the pre-trip 
vehicle inspection skills testing requirement. 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 Minor,
Associate Administrator for Policy.
[FR Doc. 2024-11869 Filed 5-29-24; 8:45 am]
BILLING CODE 4910-EX-P