[4910-EX-P]
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 application for exemption; request for comments.
SUMMARY: FMCSA announces that the National School Transportation Association
(NSTA) has applied for an exemption 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 requests public comment on the
applicant’s request for exemption.
DATES: Comments must be received on or before [INSERT DATE 30 DAYS AFTER
PUBLICATION IN THE FEDERAL REGISTER.]
ADDRESSES: You may submit comments identified by Federal Docket Management
System (FDMS) Number FMCSA-2022-0148 by any of the following methods:
ï‚·

Federal eRulemaking Portal: www.regulations.gov. See the Public
Participation and Request for Comments section below for further information.

ï‚·

Mail: Dockets Operations, U.S. Department of Transportation, 1200 New Jersey
Avenue SE, West Building, Ground Floor, Room W12-140, Washington, DC
20590-0001.

ï‚·

Hand Delivery or Courier: West Building, Ground Floor, Room W12-140, 1200
New Jersey Avenue SE, between 9 a.m. and 5 p.m. E.T., Monday through Friday,
except Federal holidays.

ï‚·

Fax: (202) 493-2251.
Each submission must include the Agency name and the docket number

(FMCSA-2022-0148) for this notice. Note that DOT posts all comments received without
change to www.regulations.gov, including any personal information included in a
comment. Please see the Privacy Act heading below.
Docket: For access to the docket to read background documents or comments,
go to www.regulations.gov at any time or visit Room W12-140 on the ground level of
the West Building, 1200 New Jersey Avenue SE, Washington, DC, 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.
Privacy Act: In accordance with 49 U.S.C. 31315(b), DOT solicits comments
from the public to better inform its exemption process. DOT posts these comments,
without edit, including any personal information the commenter provides, to
www.regulations.gov, as described in the system of records notice DOT/ALL 14 –
FDMS, which can be reviewed at https://www.transportation.gov/privacy.
FOR FURTHER INFORMATION CONTACT: Mr. Richard Clemente, Driver and
Carrier Operations Division; Office of Carrier, Driver and Vehicle Safety Standards,
FMCSA, at (202) 366-2722 or by e-mail at richard.clemente@dot.gov. If you have
questions on viewing or submitting material to the docket, contact Dockets Operations at
(202) 366-9826.
SUPPLEMENTARY INFORMATION:
I.

Public Participation and Request for Comments

FMCSA encourages you to participate by submitting comments and related
materials.
Submitting Comments
If you submit a comment, please include the docket number for this notice
(FMCSA-2022-0148), indicate the specific section of this document to which the
comment applies, and provide a reason for suggestions or recommendations. You may
submit your comments and material online or by fax, mail, or hand delivery, but please
use only one of these means. FMCSA recommends that you include your name and a
mailing address, an e-mail address, or a phone number in the body of your document so
the Agency can contact you if it has questions regarding your submission.
To submit your comment online, go to www.regulations.gov and put the docket
number (“FMCSA-2022-0148”) in the “Keyword” box, and click “Search.” When the
new screen appears, click on the “Comment Now!” button and type your comment into
the text box in the following screen. Choose whether you are submitting your comment
as an individual or on behalf of a third party and then submit. If you submit your
comments by mail or hand delivery, submit them in an unbound format, no larger than
8½ by 11 inches, suitable for copying and electronic filing. If you submit comments by
mail and would like to know that they reached the facility, please enclose a stamped, selfaddressed postcard or envelope. FMCSA will consider all comments and material
received during the comment period.
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 any safety analyses that have been conducted. 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). The Agency must publish its decision 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 specify the effective
period and explain the terms and conditions of the exemption. The exemption may be
renewed (49 CFR 381.300(b)).
III.

Applicant’s Request
The NSTA has applied for an exemption for CDL applicants from the engine

compartment component of the pre-trip vehicle skills testing requirement, known as the
“under-the-hood” testing requirement, 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 requests the exemption for a fiveyear period.
A copy of the NSTA application for exemption is available for review in the
docket for this notice.
IV.

Request for Comments

In accordance with 49 U.S.C. 31315(b), FMCSA requests public comment from
all interested persons on the NSTA’s application for an exemption. All comments
received before the close of business on the comment closing date indicated at the
beginning of this notice will be considered and will be available for examination in the
docket at the location listed under the Addresses section of this notice. Comments
received after the comment closing date will be filed in the public docket and will be
considered to the extent practicable. In addition to late comments, FMCSA will also
continue to file, in the public docket, relevant information that becomes available after
the comment closing date. Interested persons should continue to examine the public
docket for new material.


Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2022-17228 Filed: 8/10/2022 8:45 am; Publication Date: 8/11/2022]