Notice2022-23346
Commercial Driver's License: Application for Exemption; National School Transportation Association
Primary source
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Published
October 27, 2022
Effective
November 27, 2022
Issuing agencies
Transportation DepartmentFederal Motor Carrier Safety Administration
Abstract
FMCSA announces its decision to grant the exemption requested by the National School Transportation Association (NSTA) for commercial driver's license (CDL) applicants seeking a school bus endorsement, from the engine compartment portion of the pre-trip vehicle inspection skills testing requirement, known as the "under-the-hood" testing requirement. Drivers issued a CDL pursuant to the requested exemption would be restricted to the intrastate operation of school buses only. FMCSA also grants an exemption from the requirement that states administer this portion of the pre-trip vehicle inspection test in accordance with an FMCSA pre-approved examiner information manual. FMCSA analyzed the application and public comments and determined that granting the exemption is likely to achieve a level of safety equivalent to or greater than the level of safety that would be obtained in the absence of the exemption.
Full Text
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<title>Federal Register, Volume 87 Issue 207 (Thursday, October 27, 2022)</title>
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[Federal Register Volume 87, Number 207 (Thursday, October 27, 2022)]
[Notices]
[Pages 65114-65116]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-23346]
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2022-0148]
Commercial Driver's License: Application for Exemption; National
School Transportation Association
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.
ACTION: Notice of final disposition; grant of application for
exemption.
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SUMMARY: FMCSA announces its decision to grant the exemption requested
by the National School Transportation Association (NSTA) for commercial
driver's license (CDL) applicants seeking a school bus endorsement,
from the engine compartment portion of the pre-trip vehicle inspection
skills testing requirement, known as the ``under-the-hood'' testing
requirement. Drivers issued a CDL pursuant to the requested exemption
would be restricted to the intrastate operation of school buses only.
FMCSA also grants an exemption from the requirement that states
administer this portion of the pre-trip vehicle inspection test in
accordance with an FMCSA pre-approved examiner information manual.
FMCSA analyzed the application and public comments and determined that
granting the exemption is likely to achieve a level of safety
equivalent to or greater than the level of safety that would be
obtained in the absence of the exemption.
DATES: The exemption is effective from November 27, 2022 through
November 27, 2024.
FOR FURTHER INFORMATION CONTACT: Mr. Richard Clemente, FMCSA Driver and
Carrier Operations Division; Office of Carrier, Driver and Vehicle
Safety Standards; Telephone: 202-366-2722. Email:
<a href="/cdn-cgi/l/email-protection#05776c666d6477612b66696068606b716045616a712b626a73"><span class="__cf_email__" data-cfemail="03716a606b6271672d606f666e666d776643676c772d646c75">[email protected]</span></a>. 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 <a href="http://www.regulations.gov">www.regulations.gov</a>, 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 ``View Related 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-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
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(b) to grant
exemptions from certain 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 also 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). The decision of
the Agency must be published in the Federal Register (49 CFR
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 (49 CFR 381.300(b)).
III. Background
Current Regulatory Requirements
FMCSA's CDL regulations in 49 CFR part 383.113(a)(1)(i) require
that applicants for a CDL possess basic pre-trip vehicle inspection
skills for the vehicle class that the driver 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.
FMCSA initially issued a three month ``under-the-hood'' waiver on
January 3, 2022, in response to the unique circumstances resulting from
the school bus driver shortage and which was exacerbated by the COVID-
19 pandemic. FMCSA issued two subsequent waivers, on March 28, 2022,
and June 30, 2022.
Applicant's Request
The NSTA applied for an exemption for CDL applicants from the
engine compartment component of the pre-trip vehicle skills testing
requirement,
[[Page 65115]]
known as the ``under-the-hood'' testing component, in 49 CFR
383.113(a)(1)(i). The requested exemption would apply to CDL applicants
seeking the school bus (S) and passenger (P) endorsements and the
intrastate only (K) restriction. Drivers issued a CDL pursuant to the
requested exemption would be restricted to the intrastate operation of
school buses only. NSTA is a membership organization for school bus
contract-operators engaged primarily in transporting students to and
from school and school-related activities. NSTA believes the ``under-
the-hood'' testing requirement is a ``barrier to entry for new school
bus drivers, contributing to the nationwide driver shortage.'' NSTA
requested the exemption for a five-year period.
IV. Method To Ensure an Equivalent or Greater Level of Safety
The applicant believes that an exemption from the ``under-the-
hood'' testing requirement will not have any effect on the safety level
of school bus operations because school bus drivers must remain on the
bus with students at all times. NSTA states that trained mechanics
therefore complete roadside diagnostics and repairs of mechanical
issues should a school bus break down. NSTA added in its comments to
the docket that a driver is able to identify a fluid leak in a pre-trip
inspection without opening the engine compartment and could then notify
a maintenance technician. NSTA also noted in its comments to the docket
that the safest mode of home-to-school transportation for students is
the school bus.
V. Public Comments
On August 11, 2022, FMCSA published the application for exemption
(87 FR 49646). The Agency received 57 comments. School bus companies
and industry associations, NSTA, the Pennsylvania Department of
Education, the Augusta School District, and 20 other individuals
supported the exemption. NSTA commented that ``according to the last
waiver decision from FMCSA on June 30, 2022, it has been determined by
FMCSA that by waiving the `under the hood' portion of the CDL exam, the
level of safety is equivalent to the level of safety without the
waiver.'' Commenters who supported the exemption noted that school bus
drivers must remain with the children and, therefore, may never leave
the bus and check the engine while en route. They noted that most
school districts have mechanics, not drivers, perform engine
compartment inspections. Commenters also stated that the exemption will
attract new drivers, such as young mothers and grandparents, to their
industry, and alleviate school bus driver shortages and CDL testing
delays. In addition, commenters said the industry is transitioning to
electric buses and the ``under-the-hood'' component is an antiquated
requirement, which adds on average an additional 3-4 days of training
time. The Wisconsin School Bus Association and the Augusta School
District stated they have found the waivers useful to recruit and
retain school bus drivers.
Eight commenters opposed the exemption, including the National
Association for Pupil Transportation (NAPT), the National Association
of State Directors of Pupil Transportation Services (NASDPTS), the
Minnesota Department of Public Safety (DPS), the Iowa Department of
Transportation (DOT), Bloomington Public Schools, AWM Associates, Inc.,
and two individuals. The NAPT supported the issuance of temporary
regulatory relief, but they now conclude ``the prudent course is to err
on the side of safety and security.'' NAPT noted that an added
consideration for safety is the transition of school bus fleets to
electric propulsion and possible new safety issues to monitor, as well
as potential security threats to school buses, for which engine
compartment inspections are a common sense part of security due
diligence. The NASDPTS commented that school bus drivers must be able
to check under the hood of the vehicle to find issues before the bus
goes out, such as worn or frayed belts or low fluid levels. NASDPTS
added that many districts rely upon school bus drivers to perform the
pre-trip inspections and in rural areas, many drivers take the buses
home each night and must perform the inspections themselves. The
NASDPTS further commented that there is a shortage of maintenance
personnel facing the school bus industry.
The Minnesota DPS commented that the point of the pre-trip
inspection is to identify critical safety issues prior to leaving, not
to repair mechanical issues while en route, and the driver must make
sure the vehicle is safe to operate prior to a trip. The Minnesota DPS
questioned why the engine compartment component of the skills test
would be critical for all CDL drivers except school bus drivers and
stated that all CDL holders should be held to the same standard. The
Minnesota DPS also stated that it is burdensome and confusing to
program software for a temporary change, as well as to train law
enforcement to understand and recognize the restriction. Minnesota DPS
also noted that many drivers in rural areas in the state take the bus
home at night and must be able to ensure the vehicle is safe to operate
prior to its daily operation.
The Iowa DOT stated that it was one of the few states to adopt the
waiver and has found it overly burdensome and confusing to implement,
which has created unanticipated delays. The Iowa DOT added that drivers
who receive the restricted CDL must return to the state licensing
agency to complete the engine compartment component of the test if they
wish to operate any other CMV, which may exacerbate driver shortage
issues in other industries and increase CDL skills test wait times.
Bloomington Public Schools stated that its mechanics are too busy to
check fluids on a daily basis and noted that lowering the standards to
obtain a CDL will lower the standard of drivers on the road.
VI. FMCSA Safety Analysis and Decision
FMCSA has evaluated NSTA's application and the public comments and
grants the exemption request for a two-year period, rather the five-
year period requested by NSTA. The two-year period will allow states
time to implement the American Association of Motor Vehicle
Administration (AAMVA) recommendations for modernizing the CDL skills
testing procedures, which may eliminate the need for the exemption by
providing an option for a less burdensome engine compartment component
of the test.
Due to the limited scope of the ``under-the-hood'' waiver, the
existing regulatory requirements that remain in place, and the terms,
conditions, and restrictions of the waivers, FMCSA determined that
previous ``under-the-hood'' waivers were likely to achieve a level of
safety that is equivalent to the level of safety that would be obtained
absent the waiver. The exemption would similarly achieve an equivalent
level of safety. 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 their
ability to safely operate the special features of a school bus. In
response to NASDPTS's concern about the physical abilities of school
bus drivers, the exemption does not change the physical qualification
requirements for drivers in 49 CFR part 391, subpart E.
Further, because school buses are typically operated for relatively
short distances, mechanics or other qualified personnel can readily
provide roadside
[[Page 65116]]
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 (Sec. 396.3) and that unsafe operations of a
motor vehicle are forbidden (Sec. 396.7). Any state or local school
bus inspection maintenance standards would continue to apply under this
exemption. In response to concerns from the Minnesota DPS and Iowa DOT,
FMCSA notes that use of the exemption is optional for states. A state
may elect to continue to require all CDL applicants to meet the
requirements of 49 CFR 383.113(a)(1)(i).
As a part of the exemption, the State Driver Licensing Agency
(SDLA) must, upon request by FMCSA, provide the Agency with the names
and CDL numbers of the drivers who were issued a CDL pursuant to the
terms of the exemption.
For the above reasons, NSTA's exemption application is granted.
VII. Terms and Conditions of the Exemption
This exemption covers states for the period beginning at 12:00 a.m.
(ET) on November 27, 2022 and continuing through 11:59 p.m. on November
27, 2022. 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.
States issuing CDLs pursuant to this exemption must abide by the
following terms and conditions:
1. The CDL credential must conform to the requirements of Part 383,
subpart J.
2. 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.
3. 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).
4. 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).
5. Upon request from FMCSA, the SDLA must provide the names and CDL
numbers of drivers who issued a CDL pursuant to the terms of this
exemption, as authorized by 49 CFR 383.73(h) and 384.225(e)(2).
6. This exemption applies only to the intrastate operation of
school buses used to transport students from home to school, from
school to home, or to and from school-sponsored events, as defined in
49 CFR 383.5.\1\
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\1\ 49 CFR 383.5 defines ``school bus'' as ``a CMV 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. School bus does not include operations of a for-hire motor
carrier.''
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7. FMCSA reserves the right to revoke this exemption for drivers'
involvement in accidents, the failure of states or drivers to comply
with the terms of this exemption, or as circumstances otherwise
warrant.
Robin Hutcheson,
Administrator.
[FR Doc. 2022-23346 Filed 10-26-22; 8:45 am]
BILLING CODE 4910-EX-P
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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.