Commercial Driver's License: National School Transportation Association Application for Renewal of Exemption, 95348-95351 [2024-28098]

Agencies

• Federal Motor Carrier Safety Administration
• DEPARTMENT OF TRANSPORTATION

[Federal Register Volume 89, Number 231 (Monday, December 2, 2024)]
[Notices]
[Pages 95348-95351]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-28098]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2022-0148]


Commercial Driver's License: National School Transportation 
Association Application for Renewal of Exemption

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

ACTION: Notice of final disposition; granting of renewal of exemption.

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SUMMARY: FMCSA announces its final decision to renew the exemption 
granted to the National School Transportation Association (NSTA) for a 
period of two years to permit 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

[[Page 95349]]

``under-the-hood'' testing requirement. Drivers issued CDLs pursuant to 
the requested exemption are restricted to intrastate operation of 
school buses only.

DATES: The exemption is effective for the period of November 28, 2024, 
through November 28, 2026.

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 Dockets 
Operations at (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-2022-0148'' in the keyword box, and click ``Search.'' 
Next, sort the results by ``Posted (Newer-Older),'' choose the first 
notice listed, and click ``Browse Comments.''
    To view documents mentioned in this notice as being available in 
the docket, go to www.regulations.gov, insert the docket number 
``FMCSA-2022-0148'' 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. 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)). The exemption may be renewed (49 CFR 
381.300(b)).

III. Background

Current Regulatory Requirements

    Under 49 CFR 383.113(a), CDL applicants are required to possess 
basic pre-trip vehicle inspection skills for the vehicle class that the 
applicant operates or expects to operate. For all test vehicles, 
applicants must be able to identify each safety-related part on the 
vehicle and explain what needs to be inspected to ensure a safe 
operating condition of each part, including the engine compartment.

IV. Application for Renewal of Exemption

    The renewal application for exemption from NSTA was described in 
detail in a Federal Register notice published on May 30, 2024 (89 FR 
46986) and will not be repeated here as the facts have not changed.

V. Public Comments

    The Agency received 75 comments; 64 supported the exemption, 
including 12 from individuals. Six commenters opposed the exemption, 
including three from individuals. Five others took no position either 
for or against the request.\1\ Various school bus companies and 
contractors and industry associations including NSTA, American Bus 
Association (ABA), Chicago Public Schools, Pennsylvania School Bus 
Association, Wisconsin School Bus Association, First Student, and 
individuals supported the exemption renewal. Common themes of 
commenters in support of granting the exemption renewal included the 
ongoing school bus driver shortage, the frequent lack of a need for 
school bus drivers to make under-the-hood repairs, and the eventual 
obsolescence of under-the-hood testing as the industry transitions to 
electric school buses.
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    \1\ FMCSA received verbal comments from two States during a CDL 
Bi-Monthly Roundtable Meeting held on October 1, 2024. These 
comments were made long after the comment period closed on July 1, 
2024, were raised in an entirely different context, and did not 
raise new substantive issues. Accordingly, FMCSA did not consider 
them in its decision. A summary of the comments is nevertheless 
available in the docket to this notice.
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    B.R. Williams, Inc., a school bus contractor, commented, ``As you 
know, a national school bus driver shortage has been a prevalent 
problem of the student transportation system, and the effects of the 
Covid-19 pandemic only served to increase this shortage in many areas. 
The pronounced shortage of school bus drivers, and more importantly 
school bus driver candidates, have had a great impact on the ability of 
our company to serve the community. We believe that one impediment to 
qualifying and licensing school bus driver candidates is the Under the 
Hood testing requirements for school bus driver candidates.''
    The Washington State Student Transportation Coalition commented, 
``[o]ur bus drivers are not allowed to perform any on-road repairs or 
maintenance to their vehicle in the event of a break down. The bus 
driver must call dispatch with the problem, and typically a replacement 
bus is sent to their location to transport students from the original 
bus . . . Safety for students in this situation is the priority for our 
drivers. They must stay with the students and let those with training 
address the mechanical issues. To this end, the need for Under the Hood 
knowledge is extremely limited and only serves as a deterrent for 
potential school bus drivers. Removing this outdated requirement will 
allow us to focus our drivers on what is most important, keeping 
students safe.''
    The Wisconsin School Bus Association added, ``given the current 
transition to electric school buses, the Under the Hood testing will 
eventually become obsolete entirely . . . Bus manufacturers warn 
against untrained laypersons going under the hood to inspect or repair 
a vehicle. Requiring drivers to do so is fraught with danger, and 
ultimately becomes a liability concern for operators and testing 
facilities. Wisconsin was one of the first states to adopt this 
exemption and many members are using it when existing drivers renew 
their license. The exemption has allowed employers to maintain the 
driver pool and discontinuing it would be a large burden on employers, 
including potentially losing those drivers.''
    James Lynch, an individual commenter who supported granting the 
exemption renewal, stated, ``We should all consider potential options 
that can assist us with overcoming the bus driver shortage that has 
contributed to a substantial increase in lost instructional time across 
all schools. This waiver does not pose any concerns with safety 
standards and is a practical option that

[[Page 95350]]

each State would have the discretion to implement.''
    The prevalent themes of comments opposed to the exemption included 
that the exemption may pose an increased risk to safety, it is costly 
for States to change the current testing process, and drivers who lack 
the strength to lift the hood may not be able to perform other 
essential functions, such as assisting passengers in an emergency 
evacuation.
    AWM Associates, LLC commented, ``FMCSA must recognize there are 
safety issues impacting the operation of school buses and the issues 
must be addressed to reduce the high turnover rate driving the renewal 
for the exception. NSTA's request should be denied as the request 
places school children and drivers in [h]arm's way.'' AWM Associates, 
LLC further asked, ``Has NSTA conducted any research to identify the 
root cause of high turnover rates and taken corrective actions to 
repair the issues that cause drivers to quit as soon as they start?'' 
Jennifer Brunette stated: ``In our company it would handicap our 
drivers from making extra money due to the restriction that is placed 
on their license. They are class B, CDL drivers and should be held to 
the same standards of every CDL driver.''
    The National Association of State Directors of Pupil Transportation 
Services (NASDPTS) commented that it was ``concerned by the cost states 
would incur to change the current testing process. Licensing and 
testing agencies would have to update their systems, all trainers and 
third-party testers would need to be trained on the waiver and law 
enforcement would need to be trained on the additional license. NASDPTS 
urges FMCSA to consider the burdensome costs, both financial and in 
work hours, to states before considering such a requirement.''
    NASDPTS further commented: ``NASDPTS continues to believe that the 
unintended consequences of this waiver have result[ed] in an increased 
risk to safety. Many public-school transportation fleets rely upon 
school bus drivers to perform pre-trip inspections. In addition, many 
rural school bus drivers take their buses home each night and therefore 
must perform the pre-trip inspections themselves.'' NASDPTS also noted 
``there is also a shortage of school bus maintenance personnel facing 
the school transportation industry and to not ensure all school bus 
drivers are capable of performing the inspection themselves could leave 
a district shorthanded or in the position of compromising safety . . . 
NASDPTS believes that if a driver is capable of adequately ensuring 
safety in an emergency, then that same driver is capable of inspecting 
under the hood of a vehicle.'' NASDPTS added that it ``has great unease 
with limiting drivers to intrastate only operations as state lines are 
not always easily avoided in school transportation. In the State of 
Vermont, for example, school bus drivers often cross state lines even 
in home-to-school transportation as in doing so can result in shorter 
route distances and times.''
    The American Association of Motor Vehicle Administrators (AAMVA) 
did not oppose the exemption but had technical concerns and stated, 
``[t]esting experience tells us that of all the applicable testing 
requirements, being able to identify the under the hood components is 
not one of the more taxing requirements on applicants. AAMVA also notes 
that to date, not many jurisdictions have utilized the available 
exemption, and we remain unsure that this specific relief will amount 
to a dramatic increase in the number of eligible school bus driver 
applicants.'' AAMVA also commented that the under-the-hood testing 
component ``may prevent safety critical issues, like fire prevention or 
other hazard mitigation prior to the onboarding of children.'' AAMVA 
also noted that ``the school bus endorsement, in conjunction with a 
passenger endorsement, may be transferred to general passenger carrying 
duties or other commercial vehicle operations that have nothing to do 
with the school bus endorsement--but the exemption may provide 
individual testing relief.'' Finally, AAMVA commented that ``there is 
no way for licensing agencies to currently differentiate the record of 
someone who has been granted relief from this specific exemption from 
those that have not. Meaning, that if someone is initially granted the 
exemption and moves to another jurisdiction, the new jurisdiction of 
record may not know that the applicant was previously subject to an 
exemption that may not conform with their own testing requirements.''
    The National Association of Pupil Transportation (NAPT) did not 
oppose the exemption but commented, ``[i]t is our belief that such a 
long-term extension needs to be based in evidence that the exemption is 
working effectively and that the continued exemption would not 
compromise safety for the children who ride our yellow school buses.'' 
The NAPT asked if FMCSA has ``data that demonstrates that the `under 
the hood' component has led to any of the following (1) candidates 
refusing to complete the test; (2) trainees deciding not to continue 
because of the test; or (3) CDL candidates failing the test because of 
the component?'' The NAPT also asked if FMCSA has data demonstrating 
that the exemption has increased the numbers of school bus drivers, 
about the experiences of States that have implemented the exemption, 
and why many States have not implemented the exemption. NAPT also 
suggested consideration of information on the extent to which potential 
drivers have abandoned their pursuit of a CDL because of other ELDT 
requirements that might be unrelated to the characteristics of school 
bus driving.

VI. FMCSA Safety Analysis and Agency Decision

    FMCSA has evaluated NSTA's application and the public comments and 
grants the exemption renewal request for a two-year period. Due to the 
limited scope, terms, conditions, and restrictions of the exemption and 
the existing regulatory requirements that remain in place, FMCSA has 
determined that the ``under-the-hood'' exemption will likely achieve a 
level of safety that is equivalent to the level of safety that would be 
obtained absent the exemption. The exemption does not apply to the 
remaining elements of the pre-trip vehicle inspection components of the 
skills test, as set forth in 49 CFR 383.113(a)(1)(ii-ix). Accordingly, 
drivers obtaining CDLs under this exemption will have demonstrated the 
ability to safely operate the special features of a school bus.
    Further, because school buses are typically operated for relatively 
short distances, mechanics or other qualified personnel can readily 
provide roadside assistance in the event of an engine malfunction. The 
exemption does not change FMCSA's vehicle maintenance requirements in 
49 CFR part 396, including that every motor carrier must systematically 
inspect, repair, and maintain all vehicles (49 CFR 396.3) and that 
unsafe operations of a CMV are forbidden (49 CFR 396.7). All State or 
local school bus inspection maintenance standards continue to apply. In 
response to concerns about costs, FMCSA notes that use of the exemption 
is optional for States, as a State may elect to continue to require all 
CDL applicants to meet the requirements of 49 CFR 383.113(a)(1)(i). As 
it pertains to bus routes that require crossing state lines, the 
exemption is expressly limited to intrastate operations and drivers 
obtaining licenses under the exemption must adhere to that restriction. 
A driver who was granted a CDL under this exemption simply would not be 
eligible to drive a school bus on a route that crosses State lines; to 
drive on such a route would require a CDL without a K

[[Page 95351]]

restriction granted upon passing the full skills test.
    FMCSA believes requiring States to include ``school bus only'' and 
K restrictions on CDLs issued under this exemption per 49 CFR 
383.153(a)(10)(vii) and (ix) addresses concerns about drivers operating 
under the exemption moving to a jurisdiction that did not adopt the 
exemption. The new jurisdiction will become aware of these restrictions 
when driver applicants surrender their old CDLs, as required by 49 CFR 
383.71(c)(4).
    FMCSA agrees with comments from AAMVA and NAPT that additional data 
would be useful to examine the impact of a longer-term exemption. FMCSA 
therefore requires States report to FMCSA on a monthly basis the names 
and CDL numbers of drivers who are issued a CDL pursuant to the terms 
of this exemption.

VII. Exemption Decision

A. Grant of Renewal of Exemption

    This exemption covers States for the period beginning at 12:00 a.m. 
(ET) on November 28, 2024, through 11:59 p.m. on November 28, 2026. 
Under this exemption, a State may, but is not required to, waive the 
engine compartment portion of the pre-trip vehicle inspection skills 
test, set forth in 49 CFR 383.113(a)(1)(i), only for CDL applicants 
seeking the S and P endorsements, subject to the K restriction limiting 
their operation to intrastate commerce. States issuing CDLs pursuant to 
this exemption are not subject to the requirement in 49 CFR 
383.133(c)(1) that this portion of the pre-trip vehicle inspection test 
be administered in accordance with an FMCSA pre-approved examiner 
information manual.
    FMCSA intends to continue to closely monitor the safety impacts of 
the relief granted under this exemption. As necessary, FMCSA may take 
action to modify the exemption, including scaling back the regulatory 
relief provided, or to terminate the exemption sooner, if conditions 
warrant.

B. Terms and Conditions

    States issuing CDLs pursuant to this exemption must abide by the 
following terms and conditions:
    1. The State driver's licensing agency must submit the names and 
CDL numbers of drivers who are issued a CDL pursuant to the terms of 
this exemption, as authorized by 49 CFR 383.73(h) and 384.225(e)(2), 
monthly to [email protected].
    2. The CDL credential must conform to the requirements of 49 CFR 
part 383, subpart J.
    3. When issuing a K-restricted CDL with the S and P endorsements 
pursuant to this exemption, States must continue to comply with the 
applicable provisions set forth in 49 CFR 383.73.
    4. When issuing a K-restricted CDL with the S and P endorsements 
pursuant to this exemption, States must place a school bus only 
restriction on the CDL in accordance with 49 CFR 383.153(a)(10)(ix).
    5. States must conduct the remaining pre-trip vehicle inspection 
components of the skills test for drivers subject to this exemption, as 
set forth in 49 CFR 383.113(a)(1)(ii-ix).
    6. This exemption applies only to the intrastate operation of 
school buses used to transport pre-primary, primary, or secondary 
school students from home to school, from school to home, or to and 
from school-sponsored events, as defined in 49 CFR 383.5.

C. Termination

    FMCSA does not believe that drivers issued CDLs under the exemption 
will experience any deterioration of safety below the level that would 
be achieved without the exemption. The exemption will be rescinded if: 
(1) States fail to comply with the terms and conditions of the 
exemption; (2) the exemption has resulted in a lower level of safety 
than was maintained before it was granted; or (3) continuation of the 
exemption would not be consistent with the goals and objectives of 49 
U.S.C. 31136(e) and 31315(b).

Vincent G. White,
Deputy Administrator.
[FR Doc. 2024-28098 Filed 11-29-24; 8:45 am]
BILLING CODE 4910-EX-P