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Commercial Driver's License: State of Hawaii Department of Transportation; Application for Exemption Publication: Federal Register Agency: Federal Motor Carrier Safety Administration Byline: Larry W. Minor Date: 15 April 2024 Subjects: American Government  , Buses, Driver Licensing
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[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]
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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.
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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; richard.clemente@dot.gov. 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 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
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