Federal Register / Vol. 89, No. 175 / Tuesday, September 10, 2024 / Notices 73489 

can use to assist in identifying, 

detecting, protecting against, responding 

to, and recovering from cyber incidents. 

FOR FURTHER INFORMATION CONTACT: For 

questions about this notice, please 

contact Mr. Jason Carnes, FHWA 

Transportation Security Coordinator 

(202) 366–5280, or via email at 

Jason.Carnes@dot.gov, Federal Highway 

Administration, 1200 New Jersey 

Avenue SE, Washington, DC 20590. 

Office hours are from 8:00 a.m. to 4:30 

p.m., ET, Monday through Friday, 

except Federal holidays. 

SUPPLEMENTARY INFORMATION: 

Electronic Access 

This document may be viewed online 

under the docket number noted above 

through the Federal eRulemaking portal 

at: www.regulations.gov. Electronic 

submission and retrieval help and 

guidelines are available on the website. 

Please follow the online instructions. 

An electronic copy of this document 

may also be downloaded from the Office 

of the Federal Register’s website at: 

www.FederalRegister.gov and the U.S. 

Government Publishing Office’s website 

at: www.GovInfo.gov. 

Background 

Pursuant to section 11510(b) of the 

Bipartisan Infrastructure Law (BIL), 

enacted as the Infrastructure Investment 

and Jobs Act (Pub. L. 117–58), FHWA is 

required to develop a tool to assist 

transportation authorities in identifying, 

detecting, protecting against, responding 

to, and recovering from cyber incidents. 

Safety is the top priority of DOT and 

FHWA. The FHWA routinely works 

closely and collaboratively with Federal 

and State agencies whose primary 

missions revolve around securing 

critical transportation infrastructure. 

The FHWA provides subject matter 

expertise to those agencies in 

identifying potential physical and 

cybersecurity threats and appropriate 

mitigation efforts. When presented with 

physical or cybersecurity questions, 

concerns or incidents from State, local, 

Tribal, and Territorial transportation 

authorities, or other stakeholders, 

FHWA routinely assists in connecting 

these entities to security-focused 

government agencies, including the 

Transportation Security Administration, 

the Cybersecurity and Infrastructure 

Security Agency (CISA), and the Federal 

Bureau of Investigation. 

On March 5, 2024, FHWA published 

in the Federal Register (89 FR 15923) a 

notice and request for comments 

proposing to adopt CISA’s CSET as a 

voluntary tool that transportation 

authorities can use to assist in 

identifying, detecting, protecting 

against, responding to, and recovering 

from cyber incidents. The CISA’s 

cybersecurity mission is to defend and 

secure cyberspace by leading national 

efforts to drive national cyber defense, 

resilience of national critical functions, 

and a robust technology ecosystem. The 

FHWA therefore thinks it is appropriate 

to leverage CISA’s expertise instead of 

attempting to create a separate and 

potentially duplicative tool. The CSET, 

developed by CISA, is a comprehensive 

software tool designed to assist 

organizations in assessing their 

cybersecurity posture and developing 

structured improvement programs. The 

CSET helps organizations evaluate their 

cybersecurity practices, identify 

vulnerabilities, and prioritize mitigation 

efforts by providing a systematic 

approach to assess cybersecurity 

controls and processes. It offers a range 

of modules and questionnaires tailored 

to different critical infrastructure 

sectors, making it a valuable resource 

for organizations seeking to enhance 

their cybersecurity resilience through a 

well-structured assessment and 

development program. The CSET is 

available to the public for download at 

https://www.cisa.gov/downloading-andinstalling-cset. 

Discussion of Comments Received 

Consistent with BIL, section 

11510(b)(2)(E), FHWA requested 

comments on its notice proposing to 

adopt CSET. The FHWA received two 

comments, both of which supported 

FHWA’s proposal to adopt CSET as a 

voluntary cybersecurity tool. The 

FHWA appreciates the comments. 

Adoption of Cyber Security Evaluation 

Tool 

In accordance with BIL, section 

11510(b), and after reviewing the 

comments received, FHWA announces 

with this notice that FHWA adopts 

CISA’s CSET as a voluntary tool 

transportation authorities can use to 

provide assistance regarding cyber 

incidents. 

Authority: Sec. 11510, Pub. L. 117–58, 

135 Stat. 592. 

Shailen P. Bhatt, 

Administrator, Federal Highway 

Administration. 

[FR Doc. 2024–20331 Filed 9–9–24; 8:45 am] 

BILLING CODE 4910–22–P 

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. 

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 (NewerOlder),’’ choose the first notice listed, 

click ‘‘Browse Comments.’’ 

To view documents mentioned in this 

notice as being available in the docket, 


khammond on DSKJM1Z7X2PROD with NOTICES
73490 Federal Register / Vol. 89, No. 175 / Tuesday, September 10, 2024 / Notices 

1Under 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. 

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). 

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 


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Federal Register / Vol. 89, No. 175 / Tuesday, September 10, 2024 / Notices 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 schoolsponsored 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 onduty 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 


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