[Federal Register Volume 89, Number 175 (Tuesday, September 10, 2024)]
[Notices]
[Pages 73489-73491]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-20303]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2023-0272]


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

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

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

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SUMMARY: FMCSA announces its decision to grant an exemption to the 
Hawaii Department of Transportation (HDOT) to allow commercial driver's 
license (CDL) holders with a passenger (P) endorsement to operate a 
school bus without holding a school bus (S) endorsement, provided an 
adult chaperone is present on the bus who is responsible for ensuring 
the safe loading and unloading of children. This exemption applies to 
drivers operating traditional school buses, i.e., buses designed to be 
school buses, and to motorcoaches and vans not designed to be school 
buses. Drivers operating a traditional school bus must have an S 
endorsement commercial learner's permit (CLP) and obtain their full S 
endorsement within 90 days of the date they obtained the S endorsement 
CLP. Drivers operating motorcoaches or vans not designed to be a school 
bus must operate between designated central locations, such as parks or 
parking lots, and school or school-sponsored events.

DATES: The exemption is effective September 10, 2024 and expires 
September 10, 2029.

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

Viewing Comments and Documents

    To view comments, go to www.regulations.gov, insert 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 ``Browse Comments.''
    To view documents mentioned in this notice as being available in 
the docket,

[[Page 73490]]

go to www.regulations.gov, insert the docket number ``FMCSA-2023-0272'' 
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 
online by visiting Dockets Operations 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 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 reasons for the denial 
(49 CFR 381.315(c)(2)).

III. Current Regulatory Requirements

Current Regulation(s) Requirements

    Under 49 CFR 383.5, a ``school bus'' is a commercial motor vehicle 
(CMV) used to transport pre-primary, primary, or secondary school 
students to/from school or related events. Under 49 CFR 383.93(b)(5) 
and 383.123, drivers for such buses must have CDLs and P and S 
endorsements \1\ on their CDLs. Under 49 CFR 383.153(b)(2)(viii)(B), a 
CLP holder with a S endorsement is prohibited from operating a school 
bus carrying passengers other than Federal/State auditors and 
inspectors, test examiners, other trainees, and the CDL holder 
accompanying the CLP holder as prescribed by 49 CFR 383.25(a)(1).
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    \1\ Under 49 CFR 383.5, an endorsement is authorization to an 
individual's CDL or CLP required to permit the individual to operate 
certain types of commercial motor vehicles.
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Applicant's Request

    HDOT, on behalf of the Hawaii Department of Education (DOE) and 
independent schools statewide, requested an exemption from the CDL and 
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. 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.
    HDOT is requesting relief so that Class A and Class B CDL holders 
who have a P endorsement may operate traditional school buses without 
the required S endorsement. HDOT is also requesting the same relief for 
Class A and Class B CDL holders 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, 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 were in place during the entire 2023-2024 school year.

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

    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. DOE will continue to accept responsibility for 
the initial screening and proficiency of all drivers allowed to provide 
bus service for students.

V. Public Comments

    On April 15, 2024, FMCSA published notice of the HDOT application 
and requested public comment (89 FR 26211). The Agency received two 
comments: one in support and the other in opposition.
    In support of the request, DOE stated that its Student 
Transportation Services Branch faces a widely publicized and persistent 
school bus driver shortage, which it believes is reflective of a 
greater nationwide driver shortage, a trend the agency anticipates will 
increase over the coming years. Among its school bus contractors, 
regular education driver counts have declined from 288 in the 2022-2023 
school year to 231 as of May 1, 2024. DOE struggles to attract 
qualified drivers with CDLs or those without CDLs who are interested in 
training. To address this concern, DOE and its contractors have 
implemented several actions, including offering financial incentives 
such as hiring bonuses, higher hourly pay rates, and daily 
differentials. Non-financial incentives such as subsidized CDL training 
and licensing were also offered. However, while successful in 
recruiting and retaining some drivers, these measures have not fully 
addressed the driver shortfall.
    Included in the DOE comment is a copy of an emergency proclamation 
entitled, ``Proclamation Relating to School Bus Services'' originally 
issued on August 17, 2023, by the Governor of Hawaii, Josh Green. The 
proclamation was renewed for the fourth time on April 10, 2024, which 
is anticipated to be the last renewal. Under the proclamation, DOE was 
able to utilize school bus drivers without an S endorsement until June 
8, 2024. The proclamation stated that DOE would provide ``escorts'' for 
students when using vehicles other than traditional school buses. 
According to DOE, the additional flexibility provided an excellent test 
case for more efficient student transportation operations, particularly 
in West Maui for Lahaina schools. Under the proclamation, the DOE's bus 
contractors have had greater flexibility in hiring and allocating 
drivers, and in summary DOE states that FMCSA's approval of the 
application for exemption ``will continue to provide [DOE] with much-
needed flexibility in recruiting more CDL drivers, utilizing 
alternative transportation options, and implementing strategies such as 
centralized pickups and drop-offs.''
    AWM Associates, LLC (AWM) commented in opposition, noting that 
``The skills test for passenger and school bus operations are similar; 
however, not the same.'' AWM expressed concern that the relief HDOT 
requests would expose children to transportation by individuals without 
adequate skills to

[[Page 73491]]

do so and urged FMCSA to deny the request.

VI. FMCSA Decision

    The Agency reviewed HDOT's application and the received comments 
and has concluded that HDOT may allow CDL holders with a P endorsement 
to operate a school bus, as defined in 49 CFR 385.3, without an S 
endorsement, as long as HDOT takes the additional measures described in 
this notice. These drivers have already demonstrated their abilities to 
safely operate a passenger CMV in the same commercial motor vehicle 
group as a traditional school bus (i.e., Group B, as designated in 49 
CFR 383.91) by obtaining the P endorsement.
    As set forth in 49 CFR 383.123, the S endorsement is focused on 
ensuring the applicant is familiar with the safety features in a 
traditional school bus that relate to loading and unloading children in 
roadways, including the safe operation of stop signal devices, external 
mirror systems, flashing lights, and other warning and passenger safety 
devices required for school buses by State or Federal law. For drivers 
operating a traditional school bus that was designed to be a school 
bus, the Agency permits Class A and B CDL drivers with a P endorsement 
and an S endorsement CLP to transport students from home to school, 
from school to home, and to and from school-sponsored events with the 
use of adult chaperones who are responsible for the safe loading and 
unloading of children. Drivers must pass the S endorsement skills test 
to obtain the full S endorsement within 90 days of the date they 
obtained the S endorsement CLP. These drivers have demonstrated their 
knowledge of the special features of the traditional school test by 
passing the S endorsement knowledge test. FMCSA believes these measures 
will likely achieve a level of safety equivalent to, or greater than, 
the level that would be obtained by complying with the regulation.
    Regarding the use of school buses not designed to be school buses, 
such as motorcoaches and vans, the Agency permits Class B and C CDL 
drivers with a P endorsement, and no S endorsement CLP, to operate 
Group B motorcoaches and Group C passenger vans to transport students 
between designated, central locations, such as parks or parking lots, 
and school or school-sponsored events. Drivers must be accompanied by 
adult chaperones who are responsible for the safe loading and unloading 
of children on the vehicle. The Agency believes this approach will 
likely achieve a level of safety equivalent to or greater than the 
level of safety obtained by complying with the regulations. Requiring 
these drivers to pass the S endorsement knowledge test to obtain a CLP 
is unnecessary because the knowledge test is focused on the specific 
features of a traditional school bus. Additionally, Class B and Class C 
CDL holders with the P endorsement have already demonstrated their 
abilities to safely operate these vehicles by passing the skills test 
requirements for Group B and Group C passenger CMVs. Requiring them to 
pass the S endorsement skills test in a Group B motorcoach or a Group C 
passenger vehicle, such as a van, is therefore unnecessary.

VII. Exemption Decision

A. Grant of Exemption

    The FMCSA grants an exemption to HDOT from the requirements of 49 
CFR 383.93(b)(5) and 383.153(b)(2)(viii)(B) for a period of five years 
subject to the terms and conditions of this decision.

B. Applicability

    This exemption is restricted to Hawaii CDL holders with a P 
endorsement operating a school bus as defined in 49 CFR 383.5, meaning 
a CMV used to transport pre-primary, primary, or secondary school 
students from home to school, school to home or to and from school-
sponsored events.
    This exemption is limited strictly to the provisions of 49 CFR 
383.93(b)(5) and 49 CFR 383.153(b)(2)(viii), and exempts the driver 
from the requirement to obtain an S endorsement on their CDL to operate 
a school bus, and the prohibition on a CLP holder with an S endorsement 
from operating a school bus with passengers other than Federal/State 
auditors and inspectors, test examiners, other trainees, and the CDL 
holder accompanying the CLP holder as prescribed by 49 CFR 
383.25(a)(1).

C. Terms and Conditions

    When operating under this exemption, the HDOT is subject to the 
following terms and conditions:
    (1) HDOT must allow drivers to operate under this exemption only 
when accompanied by an adult chaperone who is responsible for ensuring 
the safe loading and unloading of children on and off the school bus.
    (2) HDOT must allow drivers to operate a school bus that was not 
designed to be a school bus, such as a motorcoach or van, under this 
exemption only when operating between designated, central locations, 
such as parks or parking lots, and school or school-sponsored events.
    (3) HDOT must allow drivers to operate a school bus that was 
designed to be a school bus under this exemption only if the driver 
holds a CLP with an S endorsement. Such drivers must pass the S 
endorsement skills test and obtain the full S endorsement within 90 
days of the date they obtained the S endorsement CLP.
    (4) Drivers must have a copy of this notice in their possession 
while operating under the terms of the exemption. The exemption 
document must be presented to law enforcement officials upon request.
Notification to FMCSA
    HDOT must notify FMCSA by email addressed to [email protected] within 5 
business days of any crash (as defined in 49 CFR 390.5T) that occurs 
while a driver is operating under the terms of this exemption. The 
notification must include:
    a. Identifier of the Exemption: ``Hawaii Department of 
Transportation''
    b. Name of operating carrier and USDOT number,
    c. Date of the crash,
    d. City or town, and State, in which the accident occurred, or 
closest to the crash scene,
    e. Driver's name and license number,
    f. If any, co-driver's name and license number,
    g. Vehicle number and state license number,
    h. Number of individuals suffering physical injury,
    i. Number of fatalities,
    j. The police-reported cause of the crash,
    k. Whether the driver was cited for violation of any traffic laws, 
motor carrier safety regulations, and
    l. The total driving time and total on-duty time prior to the 
crash.
Termination
    FMCSA believes that drivers operating under the terms of this 
exemption will likely maintain an equivalent level of safety. However, 
should deterioration in safety occur, FMCSA will take all steps 
necessary to protect the public interest, including revocation of the 
exemption. FMCSA in its discretion may revoke the exemption immediately 
for failure to comply with its terms and conditions.

Vincent G. White,
Deputy Administrator.
[FR Doc. 2024-20303 Filed 9-9-24; 8:45 am]
BILLING CODE 4910-EX-P