Entry-Level Driver Training: Application for Exemption; Ohio Department of Education, 64591-64593 [2021-25118]

Download as PDF Federal Register / Vol. 86, No. 220 / Thursday, November 18, 2021 / Notices khammond on DSKJM1Z7X2PROD with NOTICES Regarding a Compromise on a Transitional Approach to Existing Unilateral Measures During the Interim Period Before Pillar 1 is in Effect, U.S. Dep’t of the Treas. (Oct. 21, 2021) at https://home.treasury.gov/news/pressreleases/jy0419. Under the transitional approach in the joint statement, DST liability that accrues during the transitional period prior to implementation of Pillar 1 will be creditable in defined circumstances against future income taxes due under Pillar 1. In return, the United States commits to terminating the existing section 301 trade actions on goods of Austria, France, Italy, Spain, and the United Kingdom, and not to impose further trade actions against Austria, France, Italy, Spain, and the United Kingdom with respect to their existing DSTs until the earlier of the date the Pillar 1 multilateral convention comes into force or December 31, 2023. IV. Termination of Action Section 307 of the Trade Act of 1974, as amended (Trade Act) (19 U.S.C. 2417), provides that ‘‘[t]he Trade Representative may modify or terminate any action, subject to the specific direction, if any, of the President with respect to such action, that is being taken under section [301] of this title if . . . such action is being taken under section [301(b)] of this title and is no longer appropriate.’’ The U.S. Trade Representative has found that that the political agreement of Austria, France, Italy, Spain, and the United Kingdom to the OECD/G20 Two-Pillar Solution, which provides for the removal of DSTs upon entry into force of Pillar 1, and the transitional approach in the joint statement, provide a satisfactory resolution of the matters covered by the section 301 DST investigations of Austria, France, Italy, Spain, and the United Kingdom. Accordingly, pursuant to section 307 of the Trade Act, the U.S. Trade Representative has determined that the suspended trade actions in these investigations are no longer appropriate and that these actions should be terminated. The U.S. Trade Representative’s determination was made in consultation with Treasury and considers the advice of the interagency Section 301 Committee, consultations with representatives of the domestic industry concerned, and public comments and advisory committee advice received during the investigations. In order to implement the termination of the section 301 actions in the DST investigations of Austria, France, Italy, Spain, and the United Kingdom, subchapter III of chapter 99 of the VerDate Sep<11>2014 17:11 Nov 17, 2021 Jkt 256001 Harmonized Tariff Schedule of the United States (HTSUS) is modified by the Annex to this notice. V. Ongoing Monitoring Section 306(a) of the Trade Act (19 U.S.C. 2416(a)) provides that ‘‘[t]he Trade Representative shall monitor the implementation of each measure undertaken, or agreement that is entered into, by a foreign country to provide a satisfactory resolution of a matter subject to investigation. . . .’’ Section 306(b) (19 U.S.C. 2416(b)) provides that ‘‘[i]f, on the basis of the monitoring carried out under subsection (a), the Trade Representative considers that a foreign country is not satisfactorily implementing a measure or agreement referred to in subsection (a), the Trade Representative shall determine what further action the Trade Representative shall take under section [301(a)].’’ Pursuant to section 306(a) of the Trade Act, the U.S. Trade Representative, in coordination with Treasury, will monitor the implementation of the political agreement on an OECD/G20 Two-Pillar Solution as pertaining to DSTs, the commitments under the joint statement, and associated measures. Pursuant to section 306(b) of the Trade Act, if the U.S. Trade Representative, in consultation with Treasury, subsequently considers that Austria, France, Italy, Spain, or the United Kingdom is not satisfactorily implementing these political agreements or associated measures, then the U.S. Trade Representative will consider further action under section 301. Annex The U.S. Trade Representative has decided to terminate: (1) The additional duties under heading 9903.90.01 of the HTSUS on articles the product of France, as provided for in U.S. notes 22(a) and 22(b) to subchapter III of chapter 99 of the HTSUS. (2) the additional duties under heading 9903.90.02 of the HTSUS on articles the product of Austria, as provided for in U.S. notes 23(a) and 23(b) to subchapter III of chapter 99 of the HTSUS. (3) the additional duties under heading 9903.90.04 of the HTSUS on articles the product of Italy, as provided for in U.S. notes 25(a) and 25(b) to subchapter III of chapter 99 of the HTSUS. (4) the additional duties under heading 9903.90.05 of the HTSUS on articles the product of Spain, as provided for in U.S. notes 26(a) and 26(b) to subchapter III of chapter 99 of the HTSUS. PO 00000 Frm 00147 Fmt 4703 Sfmt 4703 64591 (5) additional duties under heading 9903.90.07 of the HTSUS on articles the product of the United Kingdom, as provided for in U.S. notes 28(a) and 28(b) to subchapter III of chapter 99 of the HTSUS. The termination of these additional duties is effective on the date this determination is published in the Federal Register. In accordance with these determinations, the U.S. Trade Representative has determined to modify the HTSUS: (1) By deleting U.S. notes 22(a), 22(b), 23(a), 23(b), 25(a), 25(b), 26(a), 26(b), 28(a) and 28(b) to subchapter III of chapter 99 of the HTSUS. (2) by deleting HTSUS headings 9903.90.01, 9903.90.02, 9903.90.04, 9903.90.05 and 9903.90.07. The modifications of the HTSUS are effective on the date this determination is published in the Federal Register. Any provisions of previous notices issued in these investigations that are inconsistent with this notice are superseded to the extent of such inconsistency. Greta Peisch, General Counsel, Office of the United States Trade Representative. [FR Doc. 2021–25199 Filed 11–17–21; 8:45 am] BILLING CODE 3290–F2–P DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration [Docket No. FMCSA–2021–0131] Entry-Level Driver Training: Application for Exemption; Ohio Department of Education Federal Motor Carrier Safety Administration (FMCSA), Department of Transportation (DOT). ACTION: Notice of application for exemption; request for comments. AGENCY: 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 SUMMARY: E:\FR\FM\18NON1.SGM 18NON1 64592 Federal Register / Vol. 86, No. 220 / Thursday, November 18, 2021 / Notices and behind-the-wheel (BTW) instruction meet or exceeds all the new ELDT requirements. Comments must be received on or before December 20, 2021. DATES: 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. ADDRESSES: Mr. Richard Clemente, FMCSA Driver and Carrier Operations Division; Office of Carrier, Driver and Vehicle Safety Standards; 202–366–2722 or MCPSD@ dot.gov. If you have questions on viewing or submitting material to the docket, contact Docket Operations, telephone (202) 366–9826. khammond on DSKJM1Z7X2PROD with NOTICES FOR FURTHER INFORMATION CONTACT: SUPPLEMENTARY INFORMATION: VerDate Sep<11>2014 17:11 Nov 17, 2021 Jkt 256001 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 81⁄2 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 PO 00000 Frm 00148 Fmt 4703 Sfmt 4703 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 driverspecific 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 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 § 380.609. E:\FR\FM\18NON1.SGM 18NON1 Federal Register / Vol. 86, No. 220 / Thursday, November 18, 2021 / Notices khammond on DSKJM1Z7X2PROD with NOTICES 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. 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 onthe-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 VerDate Sep<11>2014 17:11 Nov 17, 2021 Jkt 256001 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 DEPARTMENT OF TRANSPORTATION National Highway Traffic Safety Administration [Docket No. NHTSA–2019–0129; Notice 1] Transamerica Tire Co. Ltd., Receipt of Petition for Decision of Inconsequential Noncompliance National Highway Traffic Safety Administration (NHTSA), Department of Transportation (DOT). ACTION: Receipt of petition. AGENCY: Transamerica Tire Co. Ltd. (Transamerica) has determined that certain Transeagle ST tires manufactured by Shandong Yinbao Tyre (Yinbao) do not fully comply with Federal Motor Vehicle Safety Standard (FMVSS) No. 119, New Pneumatic Tires for Motor Vehicles with a GVWR of More than 4,536 kilograms (10,000 pounds) and Motorcycles. Transamerica, on behalf of Yinbao, filed a noncompliance report dated November 21, 2019. Transamerica petitioned NHTSA on November 25, 2019, and amended its petition on April 22, 2021, for a decision that the subject SUMMARY: PO 00000 Frm 00149 Fmt 4703 Sfmt 4703 64593 noncompliance is inconsequential as it relates to motor vehicle safety. This document announces receipt of Transamerica’s petition. DATES: The closing date for comments on the petition is December 20, 2021. ADDRESSES: Interested persons are invited to submit written data, views, and arguments on this petition. Comments must refer to the docket number and notice number cited in the title of this notice and may be submitted by any of the following methods: • Mail: Send comments by mail addressed to the U.S. Department of Transportation, Docket Operations, M– 30, West Building Ground Floor, Room W12–140, 1200 New Jersey Avenue SE, Washington, DC 20590. • Hand Delivery: Deliver comments by hand to the U.S. Department of Transportation, Docket Operations, M– 30, West Building Ground Floor, Room W12–140, 1200 New Jersey Avenue SE, Washington, DC 20590. The Docket Section is open on weekdays from 10 a.m. to 5 p.m. except for Federal Holidays. • Electronically: Submit comments electronically by logging onto the Federal Docket Management System (FDMS) website at https:// www.regulations.gov/. Follow the online instructions for submitting comments. • Comments may also be faxed to (202) 493–2251. Comments must be written in the English language, and be no greater than 15 pages in length, although there is no limit to the length of necessary attachments to the comments. If comments are submitted in hard copy form, please ensure that two copies are provided. If you wish to receive confirmation that comments you have submitted by mail were received, please enclose a stamped, self-addressed postcard with the comments. Note that all comments received will be posted without change to https:// www.regulations.gov, including any personal information provided. All comments and supporting materials received before the close of business on the closing date indicated above will be filed in the docket and will be considered. All comments and supporting materials received after the closing date will also be filed and will be considered to the fullest extent possible. When the petition is granted or denied, notice of the decision will also be published in the Federal Register pursuant to the authority indicated at the end of this notice. All comments, background documentation, and supporting E:\FR\FM\18NON1.SGM 18NON1

Agencies

[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.

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

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.
---------------------------------------------------------------------------

    \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.
---------------------------------------------------------------------------

    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
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