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Commercial Driver's License Standards: Application for Exemption; State of Hawaii Department of Transportation Publication: Federal Register Agency: Federal Motor Carrier Safety Administration Byline: Vincent G. White Date: 10 September 2024 Subjects: American Government  , Buses, Driver Licensing
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[Federal Register Volume 89, Number 175 (Tuesday, September 10, 2024)]
[Notices]
[Pages 73489-73491]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-20303]
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2023-0272]
Commercial Driver's License Standards: Application for Exemption;
State of Hawaii Department of Transportation
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), Department
of Transportation (DOT).
ACTION: Notice of final disposition; granting of application for
exemption.
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SUMMARY: FMCSA announces its decision to grant an exemption to the
Hawaii Department of Transportation (HDOT) to allow commercial driver's
license (CDL) holders with a passenger (P) endorsement to operate a
school bus without holding a school bus (S) endorsement, provided an
adult chaperone is present on the bus who is responsible for ensuring
the safe loading and unloading of children. This exemption applies to
drivers operating traditional school buses, i.e., buses designed to be
school buses, and to motorcoaches and vans not designed to be school
buses. Drivers operating a traditional school bus must have an S
endorsement commercial learner's permit (CLP) and obtain their full S
endorsement within 90 days of the date they obtained the S endorsement
CLP. Drivers operating motorcoaches or vans not designed to be a school
bus must operate between designated central locations, such as parks or
parking lots, and school or school-sponsored events.
DATES: The exemption is effective September 10, 2024 and expires
September 10, 2029.
FOR FURTHER INFORMATION CONTACT: Mr. Richard Clemente, FMCSA Driver and
Carrier Operations Division; Office of Carrier, Driver and Vehicle
Safety Standards; 202-366-2722. MCPSD@dot.gov. If you have questions on
viewing or submitting material to the docket, contact Docket Services,
telephone (202) 366-9826.
SUPPLEMENTARY INFORMATION:
I. Public Participation
Viewing Comments and Documents
To view comments, go to www.regulations.gov, insert the docket
number ``FMCSA-2023-0272'' in the keyword box, and click ``Search.''
Next, sort the results by ``Posted (Newer-Older),'' choose the first
notice listed, click ``Browse Comments.''
To view documents mentioned in this notice as being available in
the docket,
[[Page 73490]]
go to www.regulations.gov, insert the docket number ``FMCSA-2023-0272''
in the keyword box, click ``Search,'' and chose the document to review.
If you do not have access to the internet, you may view the docket
online by visiting Dockets Operations on the ground floor of the DOT
West Building, 1200 New Jersey Avenue SE, Washington, DC 20590, between
9 a.m. and 5 p.m., ET, Monday through Friday, except Federal holidays.
To be sure someone is there to help you, please call (202) 366-9317 or
(202) 366-9826 before visiting Dockets Operations.
II. Legal Basis
FMCSA has authority under 49 U.S.C. 31136(e) and 31315(b) to grant
exemptions from Federal Motor Carrier Safety Regulations (FMCSRs).
FMCSA must publish a notice of each exemption request in the Federal
Register (49 CFR 381.315(a)). The Agency must provide the public an
opportunity to inspect the information relevant to the application,
including the applicant's safety analyses. The Agency must provide an
opportunity for public comment on the request.
The Agency reviews safety analyses and public comments submitted
and determines whether granting the exemption would likely achieve a
level of safety equivalent to, or greater than, the level that would be
achieved by the current regulation (49 CFR 381.305(a)). The Agency must
publish its decision in the Federal Register (49 CFR 381.315(b)). If
granted, the notice will identify the regulatory provision(s) from
which the applicant will be exempt, the effective period, and all terms
and conditions of the exemption (49 CFR 381.315(c)(1)). If the
exemption is denied, the notice will explain the reasons for the denial
(49 CFR 381.315(c)(2)).
III. Current Regulatory Requirements
Current Regulation(s) Requirements
Under 49 CFR 383.5, a ``school bus'' is a commercial motor vehicle
(CMV) used to transport pre-primary, primary, or secondary school
students to/from school or related events. Under 49 CFR 383.93(b)(5)
and 383.123, drivers for such buses must have CDLs and P and S
endorsements \1\ on their CDLs. Under 49 CFR 383.153(b)(2)(viii)(B), a
CLP holder with a S endorsement is prohibited from operating a school
bus carrying passengers other than Federal/State auditors and
inspectors, test examiners, other trainees, and the CDL holder
accompanying the CLP holder as prescribed by 49 CFR 383.25(a)(1).
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\1\ Under 49 CFR 383.5, an endorsement is authorization to an
individual's CDL or CLP required to permit the individual to operate
certain types of commercial motor vehicles.
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Applicant's Request
HDOT, on behalf of the Hawaii Department of Education (DOE) and
independent schools statewide, requested an exemption from the CDL and
CLP regulations in 49 CFR part 383 for the following: to allow Class A
or B CDL holders with a P endorsement to operate a school bus without
holding an S endorsement CLP, and to allow the use of motorcoaches and
vans to transport students to/from a central location to school on a
daily basis. HDOT is working with DOE and independent schools statewide
to provide alternative transportation solutions to increase the number
of students who can attend school in person.
HDOT is requesting relief so that Class A and Class B CDL holders
who have a P endorsement may operate traditional school buses without
the required S endorsement. HDOT is also requesting the same relief for
Class A and Class B CDL holders who operate motorcoaches or vans to
transport students from a central location to school and from school to
a central location on a daily basis. Hawaii currently has a severe
shortage of school bus drivers, and as a result, DOE had to reduce
services to public school students who do not have transportation to/
from school. This reduction of services statewide has impacted the
number of students who can attend school in person, especially in rural
areas. The shortage has forced a suspension or partial suspension on
the islands of Oahu and Kauai, and the route suspensions and partial
suspensions were in place during the entire 2023-2024 school year.
IV. Method To Ensure an Equivalent or Greater Level of Safety
HDOT indicates that, with the exception of the S endorsement, all
other Federal and State training requirements will be completed prior
to the drivers starting motorcoach service. Drivers will be in the
process of completing their S endorsements, and therefore HDOT
anticipates that the remaining requirement will be met within a
reasonable time frame. DOE will continue to accept responsibility for
the initial screening and proficiency of all drivers allowed to provide
bus service for students.
V. Public Comments
On April 15, 2024, FMCSA published notice of the HDOT application
and requested public comment (89 FR 26211). The Agency received two
comments: one in support and the other in opposition.
In support of the request, DOE stated that its Student
Transportation Services Branch faces a widely publicized and persistent
school bus driver shortage, which it believes is reflective of a
greater nationwide driver shortage, a trend the agency anticipates will
increase over the coming years. Among its school bus contractors,
regular education driver counts have declined from 288 in the 2022-2023
school year to 231 as of May 1, 2024. DOE struggles to attract
qualified drivers with CDLs or those without CDLs who are interested in
training. To address this concern, DOE and its contractors have
implemented several actions, including offering financial incentives
such as hiring bonuses, higher hourly pay rates, and daily
differentials. Non-financial incentives such as subsidized CDL training
and licensing were also offered. However, while successful in
recruiting and retaining some drivers, these measures have not fully
addressed the driver shortfall.
Included in the DOE comment is a copy of an emergency proclamation
entitled, ``Proclamation Relating to School Bus Services'' originally
issued on August 17, 2023, by the Governor of Hawaii, Josh Green. The
proclamation was renewed for the fourth time on April 10, 2024, which
is anticipated to be the last renewal. Under the proclamation, DOE was
able to utilize school bus drivers without an S endorsement until June
8, 2024. The proclamation stated that DOE would provide ``escorts'' for
students when using vehicles other than traditional school buses.
According to DOE, the additional flexibility provided an excellent test
case for more efficient student transportation operations, particularly
in West Maui for Lahaina schools. Under the proclamation, the DOE's bus
contractors have had greater flexibility in hiring and allocating
drivers, and in summary DOE states that FMCSA's approval of the
application for exemption ``will continue to provide [DOE] with much-
needed flexibility in recruiting more CDL drivers, utilizing
alternative transportation options, and implementing strategies such as
centralized pickups and drop-offs.''
AWM Associates, LLC (AWM) commented in opposition, noting that
``The skills test for passenger and school bus operations are similar;
however, not the same.'' AWM expressed concern that the relief HDOT
requests would expose children to transportation by individuals without
adequate skills to
[[Page 73491]]
do so and urged FMCSA to deny the request.
VI. FMCSA Decision
The Agency reviewed HDOT's application and the received comments
and has concluded that HDOT may allow CDL holders with a P endorsement
to operate a school bus, as defined in 49 CFR 385.3, without an S
endorsement, as long as HDOT takes the additional measures described in
this notice. These drivers have already demonstrated their abilities to
safely operate a passenger CMV in the same commercial motor vehicle
group as a traditional school bus (i.e., Group B, as designated in 49
CFR 383.91) by obtaining the P endorsement.
As set forth in 49 CFR 383.123, the S endorsement is focused on
ensuring the applicant is familiar with the safety features in a
traditional school bus that relate to loading and unloading children in
roadways, including the safe operation of stop signal devices, external
mirror systems, flashing lights, and other warning and passenger safety
devices required for school buses by State or Federal law. For drivers
operating a traditional school bus that was designed to be a school
bus, the Agency permits Class A and B CDL drivers with a P endorsement
and an S endorsement CLP to transport students from home to school,
from school to home, and to and from school-sponsored events with the
use of adult chaperones who are responsible for the safe loading and
unloading of children. Drivers must pass the S endorsement skills test
to obtain the full S endorsement within 90 days of the date they
obtained the S endorsement CLP. These drivers have demonstrated their
knowledge of the special features of the traditional school test by
passing the S endorsement knowledge test. FMCSA believes these measures
will likely achieve a level of safety equivalent to, or greater than,
the level that would be obtained by complying with the regulation.
Regarding the use of school buses not designed to be school buses,
such as motorcoaches and vans, the Agency permits Class B and C CDL
drivers with a P endorsement, and no S endorsement CLP, to operate
Group B motorcoaches and Group C passenger vans to transport students
between designated, central locations, such as parks or parking lots,
and school or school-sponsored events. Drivers must be accompanied by
adult chaperones who are responsible for the safe loading and unloading
of children on the vehicle. The Agency believes this approach will
likely achieve a level of safety equivalent to or greater than the
level of safety obtained by complying with the regulations. Requiring
these drivers to pass the S endorsement knowledge test to obtain a CLP
is unnecessary because the knowledge test is focused on the specific
features of a traditional school bus. Additionally, Class B and Class C
CDL holders with the P endorsement have already demonstrated their
abilities to safely operate these vehicles by passing the skills test
requirements for Group B and Group C passenger CMVs. Requiring them to
pass the S endorsement skills test in a Group B motorcoach or a Group C
passenger vehicle, such as a van, is therefore unnecessary.
VII. Exemption Decision
A. Grant of Exemption
The FMCSA grants an exemption to HDOT from the requirements of 49
CFR 383.93(b)(5) and 383.153(b)(2)(viii)(B) for a period of five years
subject to the terms and conditions of this decision.
B. Applicability
This exemption is restricted to Hawaii CDL holders with a P
endorsement operating a school bus as defined in 49 CFR 383.5, meaning
a CMV used to transport pre-primary, primary, or secondary school
students from home to school, school to home or to and from school-
sponsored events.
This exemption is limited strictly to the provisions of 49 CFR
383.93(b)(5) and 49 CFR 383.153(b)(2)(viii), and exempts the driver
from the requirement to obtain an S endorsement on their CDL to operate
a school bus, and the prohibition on a CLP holder with an S endorsement
from operating a school bus with passengers other than Federal/State
auditors and inspectors, test examiners, other trainees, and the CDL
holder accompanying the CLP holder as prescribed by 49 CFR
383.25(a)(1).
C. Terms and Conditions
When operating under this exemption, the HDOT is subject to the
following terms and conditions:
(1) HDOT must allow drivers to operate under this exemption only
when accompanied by an adult chaperone who is responsible for ensuring
the safe loading and unloading of children on and off the school bus.
(2) HDOT must allow drivers to operate a school bus that was not
designed to be a school bus, such as a motorcoach or van, under this
exemption only when operating between designated, central locations,
such as parks or parking lots, and school or school-sponsored events.
(3) HDOT must allow drivers to operate a school bus that was
designed to be a school bus under this exemption only if the driver
holds a CLP with an S endorsement. Such drivers must pass the S
endorsement skills test and obtain the full S endorsement within 90
days of the date they obtained the S endorsement CLP.
(4) Drivers must have a copy of this notice in their possession
while operating under the terms of the exemption. The exemption
document must be presented to law enforcement officials upon request.
Notification to FMCSA
HDOT must notify FMCSA by email addressed to MCPSD@DOT.GOV within 5
business days of any crash (as defined in 49 CFR 390.5T) that occurs
while a driver is operating under the terms of this exemption. The
notification must include:
a. Identifier of the Exemption: ``Hawaii Department of
Transportation''
b. Name of operating carrier and USDOT number,
c. Date of the crash,
d. City or town, and State, in which the accident occurred, or
closest to the crash scene,
e. Driver's name and license number,
f. If any, co-driver's name and license number,
g. Vehicle number and state license number,
h. Number of individuals suffering physical injury,
i. Number of fatalities,
j. The police-reported cause of the crash,
k. Whether the driver was cited for violation of any traffic laws,
motor carrier safety regulations, and
l. The total driving time and total on-duty time prior to the
crash.
Termination
FMCSA believes that drivers operating under the terms of this
exemption will likely maintain an equivalent level of safety. However,
should deterioration in safety occur, FMCSA will take all steps
necessary to protect the public interest, including revocation of the
exemption. FMCSA in its discretion may revoke the exemption immediately
for failure to comply with its terms and conditions.
Vincent G. White,
Deputy Administrator.
[FR Doc. 2024-20303 Filed 9-9-24; 8:45 am]
BILLING CODE 4910-EX-P