Commercial Driver's License: State of Hawaii Department of Transportation; Application for Exemption, 26211-26213 [2024-07901]
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Federal Register / Vol. 89, No. 73 / Monday, April 15, 2024 / Notices
Federal Register (§ 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 (§ 381.315(c)(1)). If the
exemption is denied, the notice will
explain the reason for the denial
(§ 381.315(c)(2)). The exemption may be
renewed (§ 381.300(b)).
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III. K & L Trucking Application for
Exemption
On December 4, 2020, FMCSA
granted a 5-year exemption from the coil
securement rules in section 393.130(c)
to allow K & L to use the alternative
securement method described below to
transport coils from North Star Blue
Scope Steel to Fulton County Processing
(85 FR 78406). K & L has now applied
to expand the exemption to
transportation to and from other points
within a few miles of each other. The
exemption would allow the use of a
specialized metal coil carrier
permanently attached to the flatbed
trailer using sixteen 5⁄8-inch Grade 8
bolts each rated to hold 27,611 pounds.
The coil carrier serves to distribute the
coil’s weight while securing the coil and
preventing rolling during transport.
Rather than using the four chains
required by section 393.120(c) to
prevent the coil from moving forwards
or backwards, K & L uses a large single
2 ply synthetic strap with Kevlar
protective coating rated with a working
load limit of 44,800 pounds routed
through the eye of the coil and securing
each coil to the coil carrier. A copy of
the application is included in the docket
referenced at the beginning of this
notice.
The exemption would apply to all K
& L employees driving commercial
motor vehicles utilizing this specialized
cargo securement technique
transporting metal coils less than 4
miles to and from North Star Blue Scope
Steel, LLC, located at 6767 Co. Rd. 9
(and its scales located at Co. Rd. 10),
Delta, OH 43515; Fulton County
Processing, located at 7800 OH–109,
Delta, OH 43515; Worthington
Industries, located at 6303 Co. Rd. 10,
Delta, OH 43515; Nova Tube and Steel
located at 8641 Co. Rd. H, Delta, OH
43515; and BlueScope Recycling and
Materials, located at 7300 OH–109,
Delta, OH 43515. K & L Trucking
believes that its steel coil cargo
securement system, as described, would
maintain a level of safety that is
equivalent to, or greater than, the level
of safety achieved without the
exemption.
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IV. Request for Comments
In accordance with 49 U.S.C.
31315(b)(6), FMCSA requests public
comment from all interested persons on
K & L’s application for an exemption
from 49 CFR 393.120(c). 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. 2024–07892 Filed 4–12–24; 8:45 am]
BILLING CODE 4910–EX–P
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
Federal Motor Carrier Safety
Administration (FMCSA), Department
of Transportation (DOT).
ACTION: Notice of application for
exemption; request for comments.
AGENCY:
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
SUMMARY:
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26211
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-recordsnotices. 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;
richard.clemente@dot.gov. If you have
questions on viewing or submitting
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Federal Register / Vol. 89, No. 73 / Monday, April 15, 2024 / Notices
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.
ddrumheller on DSK120RN23PROD with NOTICES1
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 (NewerOlder),’’ 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 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, selfaddressed 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
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17:44 Apr 12, 2024
Jkt 262001
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 brian.g.dahlin@
dot.gov. 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
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.
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Sfmt 4703
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 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
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 nonCDL Class 3 vehicles to transport students to and
from school is unnecessary.
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Federal Register / Vol. 89, No. 73 / Monday, April 15, 2024 / Notices
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
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety
Administration
[DOT–NHTSA–2023–0034]
National Emergency Medical Services
Advisory Council Notice of Public
Meeting
National Highway Traffic
Safety Administration, Department of
Transportation (DOT).
ACTION: Notice of public meeting.
AGENCY:
This notice announces a
meeting of the National Emergency
Medical Services Advisory Council
(NEMSAC).
DATES: This meeting will be held inperson and simultaneously transmitted
via virtual interface. It will be held on
May 1–2, 2024, from 12:00 p.m. to 5:00
p.m. ET. Pre-registration is required to
attend this meeting. Once registered, a
link permitting access to the meeting
will be distributed to registrants by
email. If you wish to speak during the
meeting, you must submit a written
copy of your remarks to DOT by April
17, 2024.
ADDRESSES: General information about
the Council is available on the NEMSAC
internet website at www.ems.gov. The
registration portal and meeting agenda
will be available on the NEMSAC
internet website at www.ems.gov at least
one week in advance of the meeting.
FOR FURTHER INFORMATION CONTACT:
Clary Mole, EMS Specialist, National
Highway Traffic Safety Administration,
U.S. Department of Transportation is
available by phone at (202) 868–3275 or
by email at Clary.Mole@dot.gov. Any
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SUMMARY:
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forwarded to the individual listed in the
committee-related requests should be
sent to the person listed in this section.
SUPPLEMENTARY INFORMATION:
FOR FURTHER INFORMATION CONTACT
I. Background
NEMSAC is authorized under section
31108 of the Moving Ahead for Progress
in the 21st Century (MAP–21) Act of
2012, codified at 42 U.S.C. 300d–4 as a
Federal Advisory Committee. The
purpose of NEMSAC is to serve as a
nationally recognized council of
emergency medical services (EMS)
representatives to provide advice and
consult with:
a. The Federal Interagency Committee
on Emergency Medical Services
(FICEMS) on matters relating to EMS
issues; and
b. The Secretary of Transportation on
matters relating to EMS issues affecting
DOT.
NEMSAC provides an important
national forum for the non-Federal
deliberation of national EMS issues and
serves as a platform for advice on DOT’s
national EMS activities. NEMSAC also
provides advice and recommendations
to the FICEMS.
Issued in Washington, DC.
Nanda Narayanan Srinivasan,
Associate Administrator, Research and
Program Development.
II. Agenda
At the meeting, the agenda will cover
the following topics:
• Informational sessions
• Updates on NHTSA Initiatives
• Subcommittee Reports on Advisory
Statuses
• Strategic Planning
III. Public Participation
This meeting will be open to the
public. We are committed to providing
equal access to this meeting for all
participants. Persons with disabilities in
need of an accommodation should send
a request to the individual in the FOR
FURTHER INFORMATION CONTACT section of
this notice no later than April 17, 2024.
A period of time will be allotted for
comments from members of the public
joining the meeting. Members of the
public may present questions and
comments to the Council using the live
chat feature available during the
meeting. Members of the public may
also submit materials, questions, and
comments in advance to the individual
listed in the FOR FURTHER INFORMATION
CONTACT section of this notice.
Members of the public wishing to
reserve time to speak directly to the
Council during the meeting must submit
a request. The request must include the
name, contact information (address,
phone number, and email address), and
organizational affiliation of the
individual wishing to address NEMSAC;
it must also include a written copy of
prepared remarks and must be
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section of this notice no later than April
17, 2024.
All advance submissions will be
reviewed by the Council Chairperson
and Designated Federal Officer. If
approved, advance submissions shall be
circulated to NEMSAC representatives
for review prior to the meeting. All
advance submissions will become part
of the official record of the meeting.
Authority: 42 U.S.C. 300d–4(b); 49
CFR part 1.95(i)(4).
[FR Doc. 2024–07837 Filed 4–12–24; 8:45 am]
BILLING CODE 4910–59–P
DEPARTMENT OF THE TREASURY
Internal Revenue Service
Internal Revenue Service Advisory
Council; Meeting
Internal Revenue Service,
Department of Treasury.
ACTION: Notice of meeting.
AGENCY:
The Internal Revenue Service
Advisory Council will hold a public
meeting.
SUMMARY:
The meeting will be held
Wednesday, May 8, 2024.
ADDRESSES: The meeting will be held
virtually.
DATES:
Ms.
Anna Millikan, Office of National Public
Liaison, at 202–317–6564 or send an
email to PublicLiaison@irs.gov.
SUPPLEMENTARY INFORMATION: Notice is
hereby given pursuant to 5 U.S.C.
10(a)(2) of the Federal Advisory
Committee Act, that a public meeting of
the Internal Revenue Service Advisory
Council (IRSAC) will be held on
Wednesday, May 8, 2024, to discuss
topics that may be recommended for
inclusion in a future report of the
Council. The virtual meeting will take
place at 3:00 p.m. Eastern Time.
To confirm your attendance, members
of the public may contact Anna Millikan
at 202–317–6564 or send an email to
PublicLiaison@irs.gov. Attendees are
encouraged to join at least five minutes
before the meeting begins.
Should you wish the IRSAC to
consider a written statement germane to
the Council’s work, please call 202–
317–6564 or email PublicLiaison@
irs.gov by May 6, 2024.
FOR FURTHER INFORMATION CONTACT:
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]]>Agencies
[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]
-----------------------------------------------------------------------
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.
-----------------------------------------------------------------------
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
[[Page 26213]]
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
