[Federal Register Volume 87, Number 89 (Monday, May 9, 2022)]
[Notices]
[Pages 27698-27700]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[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 www.regulations.gov, 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 www.regulations.gov, 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

[[Page 27700]]

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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