Federal Register / Vol. 70, No. 187 / Wednesday, September 28, 2005 / Rules and Regulations 56589 

TABLE OF 896–901/935–940 MHZ

CHANNEL DESIGNATIONS—Continued 

Channel No. 

Base 

Frequency 

(MHz) 

262 .............................................. .2750 

263 .............................................. .2875 

264 .............................................. .3000 

265 .............................................. .3125 

266 .............................................. .3250 

267 .............................................. .3375 

268 .............................................. .3500 

269 .............................................. .3625 

270 .............................................. .3750 

271 .............................................. .3875 

272 .............................................. .4000 

273 .............................................. .4125 

274 .............................................. .4250 

275 .............................................. .4375 

276 .............................................. .4500 

277 .............................................. .4625 

278 .............................................. .4750 

279 .............................................. .4875 

280 .............................................. .5000 

281 .............................................. .5125 

282 .............................................. .5250 

283 .............................................. .5375 

284 .............................................. .5500 

285 .............................................. .5625 

286 .............................................. .5750 

287 .............................................. .5875 

288 .............................................. .6000 

289 .............................................. .6125 

290 .............................................. .6250 

291 .............................................. .6375 

292 .............................................. .6500 

293 .............................................. .6625 

294 .............................................. .6750 

295 .............................................. .6875 

296 .............................................. .7000 

297 .............................................. .7125 

298 .............................................. .7250 

299 .............................................. .7375 

300 .............................................. .7500 

301 .............................................. .7625 

302 .............................................. .7750 

303 .............................................. .7875 

304 .............................................. .8000 

305 .............................................. .8125 

306 .............................................. .8250 

307 .............................................. .8375 

308 .............................................. .8500 

309 .............................................. .8625 

310 .............................................. .8750 

311 .............................................. .8875 

312 .............................................. .9000 

313 .............................................. .9125 

314 .............................................. .9250 

315 .............................................. .9375 

316 .............................................. .9500 

317 .............................................. .9625 

318 .............................................. .9750 

319 .............................................. .9875 

320 .............................................. 939.0000 

321 .............................................. .0125 

322 .............................................. .0250 

323 .............................................. .0375 

324 .............................................. .0500 

325 .............................................. .0625 

326 .............................................. .0750 

327 .............................................. .0875 

328 .............................................. .1000 

329 .............................................. .1125 

330 .............................................. .1250 

TABLE OF 896–901/935–940 MHZ

CHANNEL DESIGNATIONS—Continued 

Channel No. 

Base 

Frequency 

(MHz) 

331 .............................................. .1375 

332 .............................................. .1500 

333 .............................................. .1625 

334 .............................................. .1750 

335 .............................................. .1875 

336 .............................................. .2000 

337 .............................................. .2125 

338 .............................................. .2250 

339 .............................................. .2375 

340 .............................................. .2500 

341 .............................................. .2625 

342 .............................................. .2750 

343 .............................................. .2875 

344 .............................................. .3000 

345 .............................................. .3125 

346 .............................................. .3250 

347 .............................................. .3375 

348 .............................................. .3500 

349 .............................................. .3625 

350 .............................................. .3750 

351 .............................................. .3875 

352 .............................................. .4000 

353 .............................................. .4125 

354 .............................................. .4250 

355 .............................................. .4375 

356 .............................................. .4500 

357 .............................................. .4625 

358 .............................................. .4750 

359 .............................................. .4875 

360 .............................................. .5000 

361 .............................................. .5125 

362 .............................................. .5250 

363 .............................................. .5375 

364 .............................................. .5500 

365 .............................................. .5625 

366 .............................................. .5750 

367 .............................................. .5875 

368 .............................................. .6000 

369 .............................................. .6125 

370 .............................................. .6250 

371 .............................................. .6375 

372 .............................................. .6500 

373 .............................................. .6625 

374 .............................................. .6750 

375 .............................................. .6875 

376 .............................................. .7000 

377 .............................................. .7125 

378 .............................................. .7250 

379 .............................................. .7375 

380 .............................................. .7500 

381 .............................................. .7625 

382 .............................................. .7750 

383 .............................................. .7875 

384 .............................................. .8000 

385 .............................................. .8125 

386 .............................................. .8250 

387 .............................................. .8375 

388 .............................................. .8500 

389 .............................................. .8625 

390 .............................................. .8750 

391 .............................................. .8875 

392 .............................................. .9000 

393 .............................................. .9125 

394 .............................................. .9250 

395 .............................................. .9375 

396 .............................................. .9500 

397 .............................................. .9625 

398 .............................................. .9750 

399 .............................................. .9875 

Federal Communications Commission. 

Marlene H. Dortch, 

Secretary. 

[FR Doc. 05–18698 Filed 9–27–05; 8:45 am] 

BILLING CODE 6712–01–M 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

49 CFR Parts 383 and 384 

[Docket No. FMCSA–2005–21603] 

RIN 2126–AA94 

Commercial Driver’s License 

Standards; School Bus Endorsement 

AGENCY: Federal Motor Carrier Safety 

Administration (FMCSA), DOT. 

ACTION: Interim final rule. 

SUMMARY: FMCSA amends the Federal 

Motor Carrier Safety Regulations 

(FMCSRs) to specify that a driver who 

passed knowledge and skills tests 

approved by the Agency for a 

Commercial Driver’s License (CDL) 

school bus endorsement prior to 

September 30, 2002, meets the 

requirements of 49 CFR 383.123. 

FMCSA also amends the FMCSRs to 

provide that States have until 

September 30, 2006, to administer 

knowledge and skills tests that comply, 

to all school bus drivers. Finally, to 

conform with extension of the 

compliance date, the expiration date for 

allowing States to waive the driving 

skills test under 49 CFR 383.123(b) is 

extended to September 30, 2006. As a 

result of this interim rule, the 2-year 

exemptions for drivers in 11 States from 

the knowledge and skills testing 

requirement proposed in the FMCSA 

notice published July 14, 2005, are no 

longer necessary. 

DATES: Effective September 28, 2005. 

Comments must be received by October 

28, 2005. 

ADDRESSES: You may submit comments 

identified by DOT DMS Docket Number 

FMCSA–2005–21603 by any of the 

following methods: 

• Web site: http://dms.dot.gov. 

Follow the instructions for submitting 

comments on the DOT electronic site. 

• Fax: 1–202–493–2251. 

• Mail: Docket Management Facility; 

U.S. Department of Transportation, 400 

Seventh Street, SW., Nassif Building, 

Room PL–401, Washington, DC 20590–

0001. 

• Hand Delivery: Room PL–401 on 

the plaza level of the Nassif Building, 

400 Seventh Street, SW., Washington, 

56590 Federal Register / Vol. 70, No. 187 / Wednesday, September 28, 2005 / Rules and Regulations 

1As pertinent to this rulemaking, a CMV is a 

motor vehicle used in commerce that is designed 

to transport at least 16 passengers, including the 

driver. See 49 U.S.C. 31301(4)(B). 

DC, between 9 a.m. and 5 p.m., Monday 

through Friday, except Federal 

Holidays. 

• Federal eRulemaking Portal: Go to 

http://www.regulations.gov. Follow the 

online instructions for submitting 

comments. 

Instructions: All submissions must 

include the agency name and docket 

number (FMCSA–2005–21603) or 

Regulatory Identification Number (RIN) 

for this rulemaking (RIN 2126–AA94). 

Note that all comments received will be 

posted without change to http:// 

dms.dot.gov, including any personal 

information provided. Please see the 

Privacy Act heading for further 

information. 

Docket: For access to the docket to 

read background documents or 

comments received, go to http:// 

dms.dot.gov at any time or to Room PL–

401 on the plaza level of the Nassif 

Building, 400 Seventh Street, SW., 

Washington, DC, between 9 a.m. and 5 

p.m., Monday through Friday, except 

Federal Holidays. 

Privacy Act: Anyone is able to search 

the electronic form of all comments 

received into any of our dockets by the 

name of the individual submitting the 

comment (or signing the comment, if 

submitted on behalf of an association, 

business, labor union, etc.). You may 

review DOT’s complete Privacy Act 

Statement in the Federal Register 

published on April 11, 2000, (65 FR 

19477) or you may visit http:// 

dms.dot.gov. 

Comments received after the comment 

closing date will be included in the 

docket, and we will consider late 

comments to the extent practicable. 

FMCSA may, however, issue a final rule 

at any time after the close of the 

comment period. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Michael Lamm, Chief, State Programs 

Division (MC–ESS), Federal Motor 

Carrier Safety Administration, 202–366–

6830. 

SUPPLEMENTARY INFORMATION: 

Legal Basis for Rulemaking 

The Commercial Motor Vehicle Safety 

Act of 1986 (CMVSA) (Pub. L. 9–570) 

established the commercial driver’s 

license (CDL) program and directed the 

Secretary of Transportation to prescribe 

regulations establishing minimum 

standards which States must meet when 

licensing drivers of commercial motor 

vehicles (CMVs), as defined in 49 U.S.C. 

31301.1 Sec. 12005 of the CMVSA 

directed that these regulations must, 

among other things, prescribe minimum 

standards for written and driving tests 

of an individual operating a CMV (see 

49 U.S.C. 31305). The regulations 

governing minimum testing and fitness 

standards for obtaining a CDL are 

contained in 49 CFR part 383. 

Section 214 of the Motor Carrier 

Safety Improvement Act of 1999 

(MCSIA) (Pub. L. 106–159) directed the 

Secretary to establish, through 

rulemaking, a special CDL endorsement 

for drivers of school buses. At a 

minimum, this endorsement must 

include a driving skills test in a school 

bus, and address proper safety 

procedures for loading and unloading 

children, using emergency exits and 

traversing highway rail grade crossings 

(see 49 U.S.C. 31305 note). The 

regulations implementing section 214 of 

MCSIA are found at 49 CFR 383.123. As 

provided in 49 CFR 384.301, States 

must implement § 383.123 no later than 

September 30, 2005. 

Section 4140(a) of the recently 

enacted Safe, Accountable, Flexible, 

Efficient Transportation Equity Act: A 

Legacy for Users (SAFETEA–LU or the 

Act) (Pub. L. 10-59) requires the 

Secretary to ‘‘* * * recognize any 

driver who passes a test approved by the 

Federal Motor Carrier Safety 

Administration as meeting the 

knowledge test requirement for a school 

bus endorsement under section 383.123 

of title 49, Code of Federal Regulations.’’

Because § 383.123 requires a driver to 

pass both knowledge and skills tests, 

FMCSA interprets the Act to require the 

Secretary to recognize any driver who 

passes approved knowledge and skills 

tests. As discussed in greater detail later 

in this interim final rule, section 4140 

was enacted in response to FMCSA’s 

previous determination that a driver 

who passed a State’s knowledge and 

skills tests before the September 30, 

2002, effective date of § 383.123, would 

not be in compliance with that section, 

even if the tests were compatible with 

the Federal standards. Section 4140(a) 

overrides FMCSA’s determination and 

eliminates the need for States to retest 

drivers who passed State knowledge 

and skills tests before September 30, 

2002, that FMCSA determines are 

compatible with § 383.123. 

Section 4140(b) of the Act was 

enacted in response to requests to 

Congress from interested parties, 

including the States, to extend the 

compliance date for meeting the Federal 

testing requirement from September 30, 

2005, to September 30, 2006. Currently 

section 383.123(b) permits States to 

waive the driving skills test requirement 

for currently-licensed school bus drivers 

who meet certain conditions. However, 

this provision expires on September 30, 

2005. Because this sunset date for 

waiving the skills tests is part of the 

testing provisions of § 383.123, FMCSA 

interprets this section of the Act as also 

having extended the sunset date of 

§ 383.123(b) from September 30, 2005, 

to September 30, 2006. 

This interim final rule implements 

section 4140 of SAFETEA–LU. FMCSA 

issues this interim rule without prior 

notice and opportunity to comment 

under section 4 of the Administrative 

Procedure Act (APA) [5 U.S.C. 553(b)]. 

Section 4 of the APA allows the Agency 

to issue a final rule without notice and 

opportunity to comment when the 

agency, for good cause, finds that notice 

and comment procedures are 

‘‘impracticable, unnecessary or contrary 

to the public interest.’’ Prior notice and 

opportunity to comment are 

impracticable for this interim final rule 

because Congress directed, in section 

4140, that States be given until 

September 30, 2006, to comply with 49 

CFR 383.123, rather than September 30, 

2005. Therefore, it is necessary to 

implement the regulatory changes 

required by section 4140 before October 

1, 2005, to specify that States have an 

additional year to comply with 

§ 383.123. Because of the need for 

expedited action, FMCSA finds that 

providing prior notice and opportunity 

for public comment under 5 U.S.C. 

553(b) is impracticable and contrary to 

the public interest. Furthermore, 

because the regulatory changes made by 

this rule must take effect by no later 

than September 30, 2005, FMCSA finds 

there is good cause to make this rule 

effective upon publication, in 

accordance with APA provisions found 

at 5 U.S.C. 553(d). 

Background 

MCSIA included 17 new provisions 

aimed at improving the overall 

effectiveness of the CDL program. 

Section 214 of MCSIA, codified at 49 

U.S.C. 31311(a), directed FMCSA to 

establish a special CDL endorsement for 

drivers of school buses. The 

endorsement is to, at a minimum, 

include: 

1. A driving skills test conducted in 

a school bus; and 

2. A knowledge test that addresses 

proper safety procedures for—

a. Loading and unloading children; 

b. Using emergency exits; and 

c. Traversing highway rail grade 

crossings. 

A final rule implementing most of the 

MCSIA provisions, including the school 

bus endorsement, was published on July 

Federal Register / Vol. 70, No. 187 / Wednesday, September 28, 2005 / Rules and Regulations 56591 

31, 2002, [67 FR 49742] and became 

effective on September 30, 2002. 

Under 49 CFR 384.301(b), States were 

allowed up to 3 years after the effective 

date of the regulation to implement the 

new CDL requirements. Thus, by 

September 30, 2005, each State was 

required to pass enabling legislation or 

issue regulations, as necessary, and 

begin enforcing the new provisions, 

including the school bus (‘‘S’’) 

endorsement. States that failed to meet 

the deadline would be considered ‘‘not 

in substantial compliance’’ with 49 

U.S.C. 31311(a) and subject to the loss 

of highway grant funds, in accordance 

with 49 CFR part 384, subpart D. 

FMCSA worked with States to 

determine whether their tests would be 

in compliance with the new school bus 

endorsement requirement. An example 

of these efforts is documented by the 

October 22, 2004, letter to Ohio 

approving its CDL school bus tests as 

meeting the requirements of § 383.123. 

The letter clearly points out that 

FMCSA approval applies only to drivers 

who took the tests on or after September 

30, 2002. A copy of the letter to Ohio 

is in the docket for this rulemaking. 

At the annual American Association 

of Motor Vehicle Administrators 

(AAMVA)/FMCSA co-sponsored 

meeting for CDL coordinators from all 

States, held in December 2004, FMCSA 

was asked to explain more details about 

the school bus endorsement 

requirement. FMCSA explained that 

because § 383.123 sets current and 

future requirements, tests administered 

before the rule took effect could not be 

recognized as complying with the rule. 

Therefore, every current school bus 

driver was required to take and pass the 

tests required by § 383.123 on or after 

September 30, 2002. Drivers who passed 

otherwise compatible State tests before 

September 30, 2002, would have to be 

retested before September 30, 2005, if 

the States were to remain in substantial 

compliance under 49 CFR part 384. 

Subsequently, Ohio wrote to FMCSA 

expressing its disagreement with 

FMCSA’s position that only school bus 

drivers who had passed the State’s 

FMCSA approved test on or after 

September 30, 2002, could be issued an 

‘‘S’’ endorsement. Ohio was unhappy 

about the costs associated with retesting 

drivers who had passed an approved 

test, particularly because it did not see 

how the retesting requirement 

contributed to safety. A copy of Ohio’s 

letter to FMCSA is in the docket for this 

rulemaking. Other States also advised 

FMCSA that they needed an alternative 

to reduce the near-term burden on those 

States that previously administered 

compatible knowledge and skills tests to 

drivers, and who did not require such 

drivers to retake the knowledge and 

skills tests for the school bus 

endorsement when they last renewed 

their CDLs. 

Two separate actions were initiated to 

mitigate the potential adverse impact on 

school bus operations for the fall of 

2005. First, based on expressions from 

State representatives at the AAMVA 

meeting, the letter from Ohio and 

similar expressions from other States, 

FMCSA began a process to grant 2-year 

exemptions from testing requirements 

for school bus drivers who had passed 

tests compatible with FMCSA’s 

requirements before September 30, 

2002. Second, several interested parties, 

including the States, the National 

Education Association, and the school 

bus transportation industry requested 

Congress to grant authority for FMCSA 

to accept certain tests administered 

prior to September 30, 2002, and to 

extend the September 30, 2005, 

compliance date for issuing school bus 

CDL endorsements for all States, as part 

of the transportation reauthorization bill 

(subsequently SAFETEA–LU). 

FMCSA initiated its effort to offer 2- 

year exemptions to drivers through a 

memorandum to all FMCSA Division 

Administrators, dated March 25, 2005, 

signed by William Paden, Associate 

Administrator for Enforcement and 

Program Delivery. That memorandum 

and the FMCSA response to Ohio based 

on this initiative are in the docket for 

this rulemaking. 

Each Division Administrator was to 

notify his or her State that the State 

could apply on behalf of its drivers for 

2-year exemptions from the retesting 

requirement. If the State wished to do 

so, it was to submit copies of its tests 

administered before September 30, 

2002, including what was the minimum 

allowed passing test score. FMCSA 

would review the tests and determine 

whether the tests were compatible. A 

determination of whether exemptions 

would be granted to the drivers would 

be made according to the procedures of 

Part 381, Subpart C—Procedures for 

Applying for Exemptions. Sixteen States 

responded to that announcement. 

Tests submitted by three States were 

not deemed to meet the new 

requirements of § 383.123, and two 

States withdrew their tests from 

consideration. Thus, tests for school bus 

drivers that were administered by 11 

States prior to September 30, 2002, were 

determined by FMCSA to meet the 

requirements of the current regulations. 

The State submissions also provided a 

measure of the number of school bus 

CDL drivers who would need to be 

retested absent the proposed exemption. 

FMCSA proposed in a July 14, 2005, 

notice [70 FR 40779] to grant 2-year 

exemptions to the approximately 

170,000 drivers identified by these 11 

approved States. The applications in 

response to the FMCSA initiative, from 

the 11 approved States, are in the docket 

for this rulemaking. Even with the 

proposed 2-year exemption for those 

drivers, they would have been required 

to be retested by the end of the 2-year 

exemption period. 

The 11 States whose tests 

administered before September 30, 2002 

were recognized by FMCSA as meeting 

Federal regulations are: Alabama, 

Delaware, Illinois, Minnesota, Ohio, 

Pennsylvania, South Carolina, South 

Dakota, Tennessee, Virginia, and 

Wisconsin. These States required 

applicants to take a skills test in a 

school bus of the same vehicle group as 

the vehicle the applicant intended to 

drive. They also used school bus 

knowledge tests that incorporated the 

three topics required by § 383.123: 

1. Loading and unloading children, 

including the safe operation of stop 

signals, external mirror systems, 

flashing lights and other warning 

devices and passenger safety devices 

required for school buses by State or 

Federal law or regulation. 

2. Emergency exits and procedures for 

safely evacuating passengers in an 

emergency. 

3. State and Federal laws and 

regulations related to safely traversing 

highway rail grade crossings. 

All comments to the docket for the 

July 14, 2005, notice supported the 

proposed exemption. The commenters 

also pointed out that unless some form 

of relief, such as the driver exemptions 

in the proposed notice, was granted to 

their State from the September 30, 2005, 

compliance retesting deadline, school 

bus operations would experience major 

driver shortage problems beginning the 

first school day in October 2005. 

A second initiative took place at the 

same time. Several interested parties 

including the States, the National 

Education Association, and the school 

bus transportation industry, also 

requested Congress to: (1) Clarify that 

tests administered before September 30, 

2002 that complied with FMCSA 

standards meet the compliance 

provisions of the CDL school bus 

endorsement; and (2) extend the 

compliance date for the school bus 

endorsement requirement. 

In response to the first part of their 

request, Congress enacted section 

4140(a) of SAFETEA–LU directing the 

Secretary to recognize any driver who 

passes a test approved by FMCSA as 

meeting the knowledge test requirement 

56592 Federal Register / Vol. 70, No. 187 / Wednesday, September 28, 2005 / Rules and Regulations 

for a school bus endorsement under 49 

CFR 383.123. Because § 383.123 

requires both knowledge and skills tests, 

FMCSA believes Congress intended to 

give FMCSA the authority to accept 

FMCSA-approved knowledge and skills 

tests administered prior to September 

30, 2002, as being in compliance with 

§ 383.123. This is the interpretation 

FMCSA is adopting today in this IFR. 

Therefore, 2-year exemptions for such 

drivers in the 11 approved States are no 

longer necessary or appropriate. 

Additionally, in response to the 

second part of their request, section 

4140(b) requires that all States be given 

an additional year to fully implement 49 

CFR 383.123. Therefore, the compliance 

date in § 384.301(b) for full 

implementation and enforcement of the 

requirements in 49 CFR 383.123 is 

extended to September 30, 2006. 

Because § 383.123(b)(3), which includes 

a sunset date for waiving the skills test, 

is explicitly tied to the compliance date 

of September 30, 2005, FMCSA believes 

Congress also intended that the sunset 

date be extended to September 30, 2006. 

This is the interpretation FMCSA is 

adopting today in this IFR. 

The provisions of this IFR, as directed 

by section 4140 of SAFETEA–LU, 

provide the required relief cited by the 

States in the docket, and thus avoids 

any adverse impact on school bus driver 

availability beginning the first school 

day in October 2005. 

Rulemaking Analyses and Notices 

Executive Order 12866 (Regulatory 

Planning and Review) and DOT 

Regulatory Policies and Procedures 

FMCSA determined this action is a 

not a significant regulatory action 

according to Executive Order 12866, 

and is not significant within the 

meaning of Department of 

Transportation regulatory policies and 

procedures (DOT Order 2100.5 dated 

May 22, 1980; 44 FR 11034, February 

26, 1979). This rule implements 

congressionally-mandated changes, 

including acceptance of approved 

knowledge and skills tests administered 

prior to September 30, 2002, for CDL 

school bus endorsements, and States are 

provided an additional year to finish 

administering such knowledge and 

skills tests to school bus drivers. There 

are no new costs imposed on the States. 

Regulatory Flexibility Act 

The Regulatory Flexibility Act (RFA), 

as amended by the Small Business 

Regulatory Enforcement and Fairness 

Act (SBREFA), requires Federal agencies 

to analyze the impact of rulemakings on 

small entities, unless the agency 

certifies the rule will not have a 

significant economic impact on a 

substantial number of small entities. 

The Agency certifies that this interim 

final rule does not have a significant 

economic impact on a substantial 

number of small entities. This rule does 

not impose any additional costs or 

burdens on school bus companies or 

local governments. A brief analysis of 

the impact of this rule on small entities 

has been placed in the docket for this 

rulemaking. 

Unfunded Mandates Reform Act of 1995 

The Unfunded Mandates Reform Act 

of 1995 (Pub. L. 104–4; 2 U.S.C. 1532) 

requires each agency to assess the 

effects of its regulatory actions on State, 

local, and tribal governments and the 

private sector. The Act requires that any 

agency promulgating a final rule likely 

to result in a Federal mandate requiring 

expenditures by a State, local, or tribal 

government or by the private sector of 

$100 million or more in any one year 

must prepare a written statement 

incorporating various assessments, 

estimates, and descriptions that are 

delineated in the Act. The Department 

of Transportation uses a threshold value 

of $120.7 million, which is the value of 

$100 million 1995 dollars inflated to 

2003 dollars. FMCSA has determined 

that the changes in this rulemaking will 

not have an impact of $120.7 million or 

more in any one year. 

Executive Order 12988 (Civil Justice 

Reform) 

This action meets applicable 

standards in sections 3(a) and 3(b)(2) of 

Executive Order 12988, Civil Justice 

Reform, to minimize litigation, 

eliminate ambiguity, and reduce 

burden. 

Executive Order 13045 (Protection of 

Children) 

Executive Order 13045, ‘‘Protection of 

Children from Environmental Health 

Risks and Safety Risks’’ (April 23, 1997, 

62 FR 19885), requires that agencies 

issuing ‘‘economically significant’’ rules 

that also have an environmental health 

or safety risk that an agency has reason 

to believe may disproportionately affect 

children must include an evaluation of 

the environmental health and safety 

effects of the regulation on children. 

Section 5 of Executive Order 13045 

directs an agency to submit for a 

‘‘covered regulatory action’’ an 

evaluation of its environmental health 

or safety effects on children. The agency 

has determined that this rule is not a 

‘‘covered regulatory action’’ as defined 

under Executive Order 13045. 

Executive Order 12630 (Taking of 

Private Property) 

This rule will not effect a taking of 

private property or otherwise have 

taking implications under Executive 

Order 12630, Governmental Actions and 

Interference with Constitutionally 

Protected Property Rights. 

Executive Order 13132 (Federalism) 

Congress initially mandated 

establishment of CDL school bus 

endorsements in MCSIA. Congress most 

recently, in section 4140 of SAFETEA–

LU, mandated that FMCSA-approved 

tests given before September 30, 2002, 

be accepted as meeting the requirement 

for a school bus endorsement, and that 

States be given an additional year to 

meet the school bus endorsement 

requirement of MCSIA. There are no 

new Federalism impacts associated with 

this rulemaking’s implementation of the 

Congressional mandate. 

Executive Order 12372 

(Intergovernmental Review) 

The regulations implementing 

Executive Order 12372 regarding 

intergovernmental consultation on 

Federal programs and activities do not 

apply to this program. 

Paperwork Reduction Act 

The Paperwork Reduction Act of 1995 

(PRA) (44 U.S.C. 3501 et seq.) requires 

Federal agencies to obtain approval 

from OMB for each collection of 

information they conduct, sponsor, or 

require through regulations. FMCSA has 

determined that the changes in this 

interim final rule will not change any of 

the existing information collection 

requirements. 

National Environmental Policy Act 

The agency analyzed this Interim 

Final Rule for the purpose of the 

National Environmental Policy Act of 

1969 (NEPA) (42 U.S.C. 4321 et seq.) 

and determined under our 

environmental procedures Order 5610.1, 

published March 1, 2004 in the Federal 

Register (69 FR 9680), that this action is 

categorically excluded (CE) under 

Appendix 2, paragraph 6.s (6) of the 

Order from further environmental 

documentation. That CE relates to 

establishing regulations and actions 

taken pursuant to these regulations that 

concern requirements for States to give 

knowledge and skills tests to all 

qualified applicants for commercial 

driver’s licenses. In addition, the agency 

believes that the action includes no 

extraordinary circumstances that would 

have any effect on the quality of the 

environment. Thus, the action does not 

Federal Register / Vol. 70, No. 187 / Wednesday, September 28, 2005 / Rules and Regulations 56593 

require an environmental assessment or 

an environmental impact statement. 

We have also analyzed this proposed 

rule under the Clean Air Act, as 

amended (CAA) section 176(c), (42 

U.S.C. 7401 et seq.) and implementing 

regulations promulgated by the 

Environmental Protection Agency. 

Approval of this action is exempt from 

the CAA’s General conformity 

requirement since it involves 

rulemaking and policy development and 

issuance. See 40 CFR 93.153(c)(2). It 

would not result in any emissions 

increase nor would it have any potential 

to result in emissions that are above the 

general conformity rule’s de minimis 

emission threshold levels. Moreover, it 

is reasonably foreseeable that the rule 

would not increase total CMV mileage, 

change the routing of CMVs, how CMVs 

operate, or the CMV fleet-mix of motor 

carriers. This action merely clarifies 

procedures and extends compliance 

dates for CDL school bus operators 

obtaining a school bus endorsement on 

their CDL. 

Executive Order 13211 (Energy Supply, 

Distribution, or Use) 

We have analyzed this rule under 

Executive Order 13211, Actions 

Concerning Regulations that 

Significantly Affect Energy Supply, 

Distribution, or Use. This action is not 

a significant energy action within the 

meaning of section 4(b) of the Executive 

Order because it is not economically 

significant and not likely to have a 

significant adverse effect on the supply, 

distribution, or use of energy. 

Additionally, the Administrator of the 

Office of Information and Regulatory 

Affairs has not designated this rule as a 

significant energy action. For these 

reasons, a Statement of Energy Effects 

under Executive Order 13211 is not 

required. 

List of Subjects 

49 CFR Part 383 

Administrative practice and 

procedure, Highway safety, and Motor 

carriers. 

49 CFR Part 384 

Administrative practice and 

procedure, Highway safety, and Motor 

carriers. 

■ In consideration of the foregoing, 

FMCSA amends title 49, Code of 

Federal Regulations chapter III, 

subchapter B, as set forth below. 

PART 383—COMMERCIAL DRIVER’S 

LICENSE STANDARDS; 

REQUIREMENTS AND PENALTIES 

■ 1. The authority citation for 49 CFR 

part 383 is revised to read as follows: 

Authority: 49 U.S.C. 521, 31136, 31301 et 

seq., 31502; sec. 214 of Pub. L. 106–159, 113 

Stat. 1766, 1767; sec. 1012(b) of Pub. L. 107–

56, 115 Stat. 397; sec. 4140 of Pub. L. 10-59, 

119 Stat. 1144; and 49 CFR 1.73. 

■ 2. Amend § 383.123 by adding a new 

paragraph (a)(4), and revising paragraph 

(b)(3) to read as follows: 

§ 383.123 Requirements for a school bus 

endorsement. 

(a) * * * 

(4) Exception. Knowledge and skills 

tests administered before September 30, 

2002 and approved by FMCSA as 

meeting the requirements of this 

section, meet the requirements of 

paragraphs (a)(2) and (a)(3) of this 

section. 

(b) * * * 

(3) After September 30, 2006, the 

provisions in paragraph (b) of this 

section do not apply. 

PART 384—STATE COMPLIANCE 

WITH COMMERCIAL DRIVER’S 

LICENSE PROGRAM 

■ 3. The authority citation for part 384 

is revised to read as follows: 

Authority: 49 U.S.C. 31136, 31301 et seq., 

31502; sec. 103 of Pub. L. 106–159, 113 Stat. 

1753, 1767; sec. 4140 of Pub. L. 10-59, 119 

Stat. 1144; and 49 CFR 1.73. 

■ 4. Section 384.301 is amended by 

revising paragraph (b) to read as follows: 

§ 384.301 Substantial compliance-general 

requirements. 

* * * * * 

(b)(1) A State must come into 

substantial compliance with the 

requirements of subpart B of this part in 

effect as of September 30, 2002 as soon 

as practical, but, unless otherwise 

specifically provided in this part, not 

later than September 30, 2005. 

(2) Exception. A State must come into 

substantial compliance with 49 CFR 

383.123 not later than September 30, 

2006. 

Issued on: September 20, 2005. 

Annette M. Sandberg, 

Administrator. 

[FR Doc. 05–19292 Filed 9–27–05; 8:45 am] 

BILLING CODE 4910–EX–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Parts 222 and 223 

[Docket No. 050922245–5245–01; I.D. 

092005A] 

RIN 0648–AT89 

Sea Turtle Conservation; Shrimp 

Trawling Requirements 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule. 

SUMMARY: NMFS issues this temporary 

rule for a period of 30 days, to allow 

shrimp fishermen to use limited tow 

times as an alternative to Turtle 

Excluder Devices (TEDs) in state and 

Federal waters from the Florida/ 

Alabama border, westward to the 

boundary of Cameron Parish, Louisiana 

(approximately 92° 37′ W. long.), and 

extending offshore 50 nautical miles. 

This action is necessary because 

environmental conditions resulting from 

Hurricane Katrina are preventing some 

fishermen from using TEDs effectively. 

DATES: Effective from September 23, 

2005 through October 24, 2005. 

ADDRESSES: Requests for copies of the 

Environmental Assessment on this 

action should be addressed to the Chief, 

Marine Mammal Division, Office of 

Protected Resources, NMFS, 1315 EastWest Highway, Silver Spring, MD 

20910. 

FOR FURTHER INFORMATION CONTACT: 

Michael Barnette, 727–551–5794. 

SUPPLEMENTARY INFORMATION: 

Background 

All sea turtles that occur in U.S. 

waters are listed as either endangered or 

threatened under the Endangered 

Species Act of 1973 (ESA). The Kemp’s 

ridley (Lepidochelys kempii), 

leatherback (Dermochelys coriacea), and 

hawksbill (Eretmochelys imbricata) 

turtles are listed as endangered. The 

loggerhead (Caretta caretta) and green 

(Chelonia mydas) turtles are listed as 

threatened, except for breeding 

populations of green turtles in Florida 

and on the Pacific coast of Mexico, 

which are listed as endangered. 

Sea turtles are incidentally taken and 

killed as a result of numerous activities, 

including fishery-related trawling 

activities in the Gulf of Mexico and 

along the Atlantic seaboard. Under the 

ESA and its implementing regulations,