Notice2022-09882
Entry-Level Driver Training: Application for Exemption; Ohio Department of Education
Primary source
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Published
May 9, 2022
Issuing agencies
Transportation DepartmentFederal Motor Carrier Safety Administration
Abstract
FMCSA announces its decision to deny the Ohio Department of Education's (ODE) request for an exemption from the Entry-Level Driver Training (ELDT) requirements. 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 S endorsements. The ODE believes the Ohio theory (i.e., classroom) curriculum and behind-the-wheel (BTW) instruction meet or exceeds all the standards of the 49 CFR 380 subpart F, ELDT requirements. FMCSA analyzed the exemption application and public comments and determined that the application provided no evidence that the exemption would ensure a level of safety equivalent to or greater than that achieved absent such exemption.
Full Text
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<title>Federal Register, Volume 87 Issue 89 (Monday, May 9, 2022)</title>
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[Federal Register Volume 87, Number 89 (Monday, May 9, 2022)]
[Notices]
[Pages 27698-27700]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-09882]
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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 final disposition; denial of application for
exemption.
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SUMMARY: FMCSA announces its decision to deny the Ohio Department of
Education's (ODE) request for an exemption from the Entry-Level Driver
Training (ELDT) requirements. 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 S endorsements. The ODE believes the Ohio theory (i.e., classroom)
curriculum and behind-the-wheel (BTW) instruction meet or exceeds all
the standards of the 49 CFR 380 subpart F, ELDT requirements. FMCSA
analyzed the exemption application and public comments and determined
that the application provided no evidence that the exemption would
ensure a level of safety equivalent to or greater than that achieved
absent such exemption.
FOR FURTHER INFORMATION CONTACT: Mr. Richard Clemente, FMCSA Driver and
Carrier Operations Division, Office of
[[Page 27699]]
Carrier, Driver, and Vehicle Safety Standards, (202) 366-2722,
<a href="/cdn-cgi/l/email-protection#4d000e1d1e090d292239632a223b"><span class="__cf_email__" data-cfemail="29646a797a6d694d465d074e465f">[email protected]</span></a>. If you have questions on viewing or submitting material
to the docket, contact Dockets Operations, (202) 366-9826.
SUPPLEMENTARY INFORMATION:
I. Public Participation
Viewing Comments and Documents
To view comments, go to <a href="http://www.regulations.gov">www.regulations.gov</a>, insert the docket
number ``FMCSA-2021-0131'' 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, go to <a href="http://www.regulations.gov">www.regulations.gov</a>, insert the docket number
``FMCSA-2021-0131'' 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 in Room W12-140 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 to grant
exemptions from certain Federal Motor Carrier Safety Regulations
(FMCSRs). FMCSA must publish a notice of each exemption request in the
Federal Register (Sec. 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 the 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 (Sec. 381.305). The
decision of the Agency must be published in the Federal Register (Sec.
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 (Sec. 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 (i.e., classroom) 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 CDL with S, P, and
air brake endorsements and to current Class B CDL holders wishing to
add the P and S endorsements. If granted ODE requests that the
exemption remain in effect as long as the Ohio Pre-Service theory and
BTW curricula meet or exceed all 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.
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\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.
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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 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. Method To Ensure an Equivalent or Greater Level of Safety
To ensure an 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 6 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. Public Comments
On November 18, 2021, FMCSA published notice of this application
and requested public comment (86 FR 64591). The Agency received 91
comments. Eighty-five commenters supported the exemption request broken
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down as follows: 59 individuals/drivers, 24 schools/school districts,
the Pennsylvania Department of Transportation, and the ODE. Most of
those expressing support for the application--primarily individuals/
drivers or training schools in the State of Ohio--repeatedly commented
that the ODE training regulations for school bus drivers in Ohio
already exceed the requirements set forth in the impending Federal ELDT
regulations.
The Commercial Vehicle Training Association (CVTA) and the National
Association of Publicly Funded Truck Driving Schools (NAPFTDS), opposed
the request. Also, Ancora Education and Roehl Transportation (Ancora/
Roehl) expressed opposition to the request. In their jointly submitted
comments, the CVTA and NAPFTDS stated: ``The safety of children being
transported to and from school is not negotiable and should not be part
of any discussion that does not adhere to the highest level of
commercial driver and passenger training standards. The ELDT rule was
created for this very purpose. The ELDT rule seeks to improve the
quality of CDL training and the safety of drivers nationwide by
mandating uniform standards that apply to all new CDL applicants. The
ODE must be held to the same standard as all other entities, especially
those who transport children.''
Ancora/Roehl also opposed application in their jointly filed
comments, stating: ``The petitioners claim that Ohio Pre-Service theory
and BTW meet or exceed all Federal standards and that they should be
exempt from ELDT. We believe that in the interest of transparency,
improving safety on our busy roads that they should be held to the same
rules as everyone else. If the ODE does, in fact, `meet and exceed' the
ELDT requirements there is no reason as to why they cannot participate
in the Training Provider Registry (TPR) as any other training provider.
If FMCSA, grants this exemption we fear that this will lead to more
exemptions, further exposing our children to unsafe drivers and road
conditions.'' Four other commenters offered no position either for or
against the ODE request, including the National School Transportation
Association.
VI. FMCSA Safety Analysis and Decision
FMCSA evaluated the ODE application and the public comments and
denies the exemption request. When the Agency originally established
the ELDT rule, the Entry-Level Driver Training Advisory Committee
agreed to the rule's core provisions through the Negotiated Rulemaking
process. Furthermore, the Moving Ahead for Progress in the 21st Century
(MAP-21) legislative statute which mandated the establishment of this
rule, did include the passenger (P) endorsement within the scope of
required ELDT. In light of the fact that 49 CFR part 383 currently
requires that anyone seeking to obtain an S endorsement must also
obtain a P endorsement, including the S endorsement training
requirements in the ELDT final rule is entirely consistent with MAP-21.
FMCSA believes that the S curriculum in the final rule will improve
safety by providing a more complete approach to training that involves
the transportation of all CMV passengers, including school children.
FMCSA does not believe the ELDT rule unduly burdens those
jurisdictions that already maintain reasonable S training requirements.
States or localities currently requiring that school bus drivers obtain
S training that meets or exceeds the minimum standard established by
the ELDT rule will be minimally impacted because the rule does not
impose additional training requirements on those programs. Any provider
who currently offers S endorsement training that is equivalent to, or
more stringent than, the curriculum set forth in the ELDT rule is
eligible for listing on the TPR, presuming all instructor
qualifications and other requirements are met. Entities eligible for
listing on the TPR include, for example, individual school districts,
State agencies or departments, and third parties that contract with
States or localities. The two commenters in opposition CVTA/NAPFTDS and
Ancora/Roehl commented to these same points, and the Agency concurs
with these commenters.
The ODE application does not provide an analysis of the safety
impacts the requested exemption from the ELDT regulations may cause,
and also does not provide adequate countermeasures to be undertaken to
ensure that the exemption would likely achieve a level of safety
equivalent to, or greater than, the level that would be achieved by the
current regulations. Furthermore, through the Negotiated Rulemaking
process, and the normal Agency notice and comment process for
finalizing the ELDT rule, these provisions were agreed upon by the
participants.
For these reasons, FMCSA denies the request for exemption.
Robin Hutcheson,
Deputy Administrator.
[FR Doc. 2022-09882 Filed 5-6-22; 8:45 am]
BILLING CODE 4910-EX-P
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