Extension of Compliance Dates for Medical Examiner's Certification Integration, 21259-21267 [2021-08238]

Agencies

• Federal Motor Carrier Safety Administration
• DEPARTMENT OF TRANSPORTATION

[Federal Register Volume 86, Number 76 (Thursday, April 22, 2021)]
[Proposed Rules]
[Pages 21259-21267]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-08238]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

49 CFR Parts 383, 384, and 391

[Docket No. FMCSA-2018-0152]
RIN 2126-AC18


Extension of Compliance Dates for Medical Examiner's 
Certification Integration

AGENCY: Federal Motor Carrier Safety Administration (FMCSA), Department 
of Transportation (DOT).

ACTION: Supplemental notice of proposed rulemaking.

-----------------------------------------------------------------------

SUMMARY: FMCSA proposes to amend its regulations to extend the 
compliance date from June 22, 2021, to June 23, 2025, for several 
provisions of its April 23, 2015, Medical Examiner's Certification 
Integration final rule. FMCSA issued an interim final rule (IFR) on 
June 21, 2018, extending the compliance date for these provisions until 
June 22, 2021. FMCSA proposes to finalize the IFR by further extending 
the compliance date to June 23, 2025. This action is being taken to 
provide FMCSA time to complete certain information technology (IT) 
system development tasks for its National Registry of Certified Medical 
Examiners (National Registry) and to provide the State Driver's 
Licensing Agencies (SDLAs) sufficient time to make the necessary IT 
programming changes after the new National Registry system is 
available.

[[Page 21260]]


DATES: Comments must be received on or before May 24, 2021.

ADDRESSES: You may submit comments identified by Docket Number FMCSA-
2018-0152 using any of the following methods:
     Federal eRulemaking Portal: https://www.regulations.gov. 
Follow the online instructions for submitting comments.
     Mail: Dockets Operations, U.S. Department of 
Transportation, 1200 New Jersey Avenue SE, West Building, Ground Floor, 
Room W12-140, Washington, DC 20590-0001.
     Hand Delivery or Courier: Dockets Operations, West 
Building, Ground Floor, Room W12-140, 1200 New Jersey Avenue SE, 
Washington, DC 20590-0001, 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.
     Fax: (202) 493-2251.
    To avoid duplication, please use only one of these four methods. 
See the ``Submitting Comments'' portion of the SUPPLEMENTARY 
INFORMATION section for instructions on submitting comments.

FOR FURTHER INFORMATION CONTACT: Ms. Christine A. Hydock, Chief, 
Medical Programs Division, Federal Motor Carrier Safety Administration, 
1200 New Jersey Avenue SE, Washington, DC 20590-0001, (202) 366-4001, 
[email protected]. If you have questions on viewing or submitting 
material to the docket, contact Dockets Operations, (202) 366-9826.

SUPPLEMENTARY INFORMATION: 
    FMCSA organizes this supplemental notice of proposed rulemaking 
(SNPRM) as follows:

I. Public Participation and Request for Comments
    A. Submitting Comments
    B. Viewing Comments and Documents
    C. Privacy Act
II. Executive Summary
III. Legal Basis
    A. Authority Over Drivers Affected Drivers Required To Obtain a 
Medical Examiners Certificate (MEC)
    B. Authority To Regulate State CDL Programs
    C. Authority To Require Reporting by MEs
IV. Background
V. Discussion of Proposed Rulemaking
VI. International Impacts
VII. Section-by-Section Analysis
VIII. Regulatory Analyses
    A. E.O. 12866 (Regulatory Planning and Review), E.O. 13563 
(Improving Regulation and Regulatory Review), and DOT Regulatory 
Policies and Procedures
    B. Congressional Review Act
    C. Regulatory Flexibility Act
    D. Assistance for Small Entities
    E. Unfunded Mandates Reform Act of 1995
    F. Paperwork Reduction Act
    G. E.O. 13132 (Federalism)
    H. Privacy
    I. E.O. 13175 (Indian Tribal Governments)
    J. National Environmental Policy Act of 1969

I. Public Participation and Request for Comments

A. Submitting Comments

    If you submit a comment, please include the docket number for this 
SNPRM (FMCSA-2018-0152), indicate the specific section of this document 
to which your comment applies, and provide a reason for each suggestion 
or recommendation. 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 
email address, or a phone number in the body of your document so FMCSA 
can contact you if there are questions regarding your submission.
    To submit your comment online, go to https://www.regulations.gov/docket/FMCSA-2018-0152/document, click on this SNPRM, click 
``Comment,'' and type your comment into the text box on the following 
screen.
    If you submit your comments by mail or hand delivery, submit them 
in an unbound format, no larger than 8\1/2\ 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, 
self-addressed postcard or envelope.
    Confidential business information (CBI) is commercial or financial 
information that is both customarily and actually treated as private by 
its owner. Under the Freedom of Information Act (5 U.S.C. 552), CBI is 
exempt from public disclosure. If your comments responsive to the SNPRM 
contain commercial or financial information that is customarily treated 
as private, that you actually treat as private, and that is relevant or 
responsive to the SNPRM, it is important that you clearly designate the 
submitted comments as CBI. Please mark each page of your submission 
that constitutes CBI as ``PROPIN'' to indicate it contains proprietary 
information. FMCSA will treat such marked submissions as confidential 
under the Freedom of Information Act, and they will not be placed in 
the public docket of the SNPRM. Submissions containing CBI should be 
sent to Mr. Brian Dahlin, Chief, Regulatory Analysis Division, Office 
of Policy, Federal Motor Carrier Safety Administration, 1200 New Jersey 
Avenue SE, Washington, DC 20590-0001. Any comments FMCSA receives not 
specifically designated as CBI will be placed in the public docket for 
this rulemaking.
    FMCSA will consider all comments and material received during the 
comment period.

B. Viewing Comments and Documents

    To view any documents mentioned as being available in the docket, 
go to https://www.regulations.gov/docket/FMCSA-2018-0152/document and 
choose the document to review. To view comments, click this SNPRM, and 
click ``Browse Comments.'' 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 20590-0001, between 9 a.m. and 5 p.m., 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.

C. Privacy Act

    DOT solicits comments from the public to better inform its 
rulemaking process, in accordance with 5 U.S.C. 553(c). 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--Federal Docket Management System 
(FDMS)), which can be reviewed at www.transportation.gov/privacy.

II. Executive Summary

    FMCSA's proposes an adjustment in the compliance date from June 22, 
2021, to June 23, 2025, for several provisions in the Medical 
Examiner's Certification Integration final rule (80 FR 22790, Apr. 23, 
2015). Specifically, the Agency proposes to postpone, to June 23, 2025, 
the provisions for: (1) FMCSA to electronically transmit, from the 
National Registry to the SDLAs, driver identification information, 
examination results, and restriction information from examinations 
performed for holders of commercial learner's permits (CLPs) or 
commercial driver's licenses (CDLs) (interstate and intrastate); (2) 
FMCSA to electronically transmit to the SDLAs medical variance 
information for all commercial motor vehicle (CMV) drivers; (3) SDLAs 
to post on the Commercial Driver's License Information System (CDLIS) 
driver record the driver identification, examination results, and 
restriction information received electronically from FMCSA; and (4) 
motor carriers to no longer be required to verify that CLP/

[[Page 21261]]

CDL drivers were certified by a certified medical examiner (ME) listed 
on the National Registry.
    The compliance date for these provisions was postponed previously 
from June 22, 2018, to June 22, 2021, by an interim final rule (83 FR 
28774). This SNPRM identifies the regulations adopted in the IFR that 
FMCSA now proposes to amend to include a compliance date generally of 
June 23, 2025.

III. Legal Basis for the Rulemaking

    The legal basis of the 2015 final rule, set out at 80 FR 22791-
22792, also serves as the legal basis for this rule. Brief summaries of 
the relevant legal bases for the actions taken in this rulemaking are 
set out below.

A. Authority Over Drivers Affected; Drivers Required To Obtain a 
Medical Examiners Certificate (MEC)

    FMCSA is required by statute to establish standards for the 
physical qualifications of drivers who operate CMVs in interstate 
commerce for non-excepted industries (49 U.S.C. 31136(a)(3) and 
31502(b)). Subject to certain limited exceptions,\1\ FMCSA has 
fulfilled the statutory mandate by establishing physical qualification 
standards for all drivers covered by these provisions (49 CFR 
391.11(b)(4)). Such drivers must obtain, from an ME, a certification 
indicating that the driver is physically qualified to drive a CMV (49 
CFR 391.41(a), 391.43(g) and (h)). FMCSA is also required to ensure 
that the operation of a CMV does not have a deleterious effect on the 
physical condition of drivers (49 U.S.C. 31136(a)(4)).
---------------------------------------------------------------------------

    \1\ See 49 CFR 390.3(f) and 391.2.
---------------------------------------------------------------------------

Drivers Required To Obtain a CDL
    The authority for FMCSA to require an operator of a CMV to obtain a 
CDL is based on 49 U.S.C. 31302, and the authority to set minimum 
standards for the testing and fitness of such operators rests on 49 
U.S.C. 31305.

B. Authority To Regulate State CDL Programs

    Under 49 U.S.C. 31311 and 31314, FMCSA has authority to prescribe 
procedures and requirements the States must follow when issuing CDLs 
(see, generally, 49 CFR parts 383 and 384). In particular, under 
section 31314, in order to avoid loss of certain Federal-aid highway 
funds otherwise apportioned under 23 U.S.C. 104(b), each State must 
comply with the requirement in 49 U.S.C. 31311(a)(1) to adopt and carry 
out a program for testing and ensuring the fitness of individuals to 
operate CMVs consistent with the minimum standards prescribed by FMCSA 
under 49 U.S.C. 31305(a) (see also 49 CFR 384.201).

C. Authority To Require Reporting by MEs

    FMCSA has authority under 49 U.S.C. 31133(a)(8) and 31149(c)(1)(E) 
to require MEs on the National Registry to obtain information from CMV 
drivers regarding their physical health, to record and retain the 
results of the physical examinations of CMV drivers, and to require 
frequent reporting of the information contained on the MECs they issue. 
Section 31133(a)(8) gives the Agency broad administrative powers 
(specifically ``to prescribe recordkeeping and reporting 
requirements'') to assist in ensuring motor carrier safety and driver 
health (Sen. Report No. 98-424 at 9 (May 2, 1984)). Section 
31149(c)(1)(E) authorizes a requirement for electronic reporting of 
certain specific information by MEs, including applicant names and 
numerical identifiers as determined by the FMCSA Administrator. Section 
31149(c)(1)(E) sets minimum monthly reporting requirements for MEs and 
does not preclude the exercise by the Agency of its broad authority 
under section 31133(a)(8) to require more frequent and more inclusive 
reports.\2\ In addition to the general rulemaking authority in 49 
U.S.C. 31136(a), the Secretary of Transportation is specifically 
authorized by section 31149(e) to ``issue such regulations as may be 
necessary to carry out this section.''
---------------------------------------------------------------------------

    \2\ The provisions of section 31149(c)(1)(E) have been amended 
by section 32302(c)(1)(A) of Moving Ahead for Progress in the 21st 
Century, Public Law 112-141, 126 Stat. 405 (July 6, 2012).
---------------------------------------------------------------------------

    Authority to implement these various statutory provisions has been 
delegated to the Administrator of FMCSA (49 CFR 1.87(f)).

IV. Background

    The history of the regulations that FMCSA adopted in 2015 and the 
developments leading to the 2018 interim final rule are set out in the 
interim final rule, at 83 FR at 28776. The Agency also stated that it 
might further amend the provisions amended by the interim final rule 
(83 FR at 28777). Since issuing the 2015 final rule, there have been 
ongoing challenges associated with launching a new National Registry IT 
system. Among those challenges was an unsuccessful attempt by an 
intruder to compromise the National Registry website in December 2017. 
Although no personal information was exposed, FMCSA took the National 
Registry system offline until mid-2018 to ensure it was secure. This 
action and other related actions affected the schedule for implementing 
the provisions of the 2015 final rule and resulted in the postponement 
of the compliance date by the 2018 IFR.
    Since publication of the 2018 IFR, FMCSA experienced additional 
setbacks in its efforts to launch the National Registry replacement 
system that require an additional delay. The Agency attempted to launch 
the first stage of the replacement system in May 2019, but the system's 
performance capabilities fell short of what was needed to implement the 
2015 final rule. After a detailed analysis of the functional 
requirements, the Agency issued a request for proposals to obtain the 
services of a new contractor and selected a vendor in December 2020 to 
develop the replacement system by early 2022. The work would include 
delivery of technical specifications to the SDLAs for use in 
implementing changes to their respective systems.
    FMCSA anticipates that the SDLAs will need three years following 
the completion and release of the new IT system and its technical 
specifications to develop and implement those changes. This was the 
same amount of time allowed for this activity in the 2015 final rule 
and the 2018 IFR. In light of these challenges, FMCSA intends to 
finalize the extended compliance date for the affected regulations by 
issuing a final rule before June 22, 2021.

V. Discussion of Proposed Rulemaking

    The proposal to delay the compliance date means that through June 
22, 2025:
    [cir] Certified MEs would continue issuing MECs to qualified CLP/
CDL applicants/holders;
    [cir] CLP/CDL applicants/holders would continue to provide the SDLA 
a copy of their MEC;
    [cir] Motor carriers would continue verifying that drivers were 
certified by an ME listed on the National Registry; and
    [cir] SDLAs would continue processing paper copies of MECs they 
receive from CLP/CDL applicants/holders.
    In the 2018 IFR, FMCSA did not delay the requirement for MEs 
performing physical examinations of CMV drivers to report results of 
all CMV drivers' physical examinations (including the results of 
examinations where the driver was found not to be qualified) to FMCSA 
by midnight (local time) of the next calendar day following the 
examination. MEs' submission of reports by midnight (local time) of the 
next calendar day following the

[[Page 21262]]

examination also allows FMCSA to begin electronically transmitting this 
important safety data to each State when that State is ready to receive 
the information, thereby providing States additional flexibility to 
implement the provisions of this rulemaking at their own pace. FMCSA 
believes some States may be prepared to receive this data ahead of the 
June 23, 2025, date to take advantage of the efficiencies and added 
security the new process affords.
    When FMCSA is ready to begin electronically transmitting MEC 
information from the National Registry, and an SDLA is ready to begin 
receiving this information electronically from the National Registry, 
FMCSA will work with the SDLA involved on the most appropriate means to 
use such electronic transmissions. FMCSA states that, under such 
circumstances, electronic transmission of the MEC information may be an 
acceptable means for CDL and CLP holders to satisfy the requirement of 
providing the MEC to the SDLA. In order to avoid any uncertainty, 
provisions were added by the IFR to the appropriate regulations stating 
that, in case of a conflict between the medical certification 
information provided electronically by FMCSA and information on a paper 
version of the MEC, the electronic record will be controlling. On the 
other hand, the provisions in the regulations governing the handling of 
these matters under the current procedures will remain in effect 
through June 22, 2025, to ensure continued compliance by SDLAs and 
other affected stakeholders until the electronic transmission of MEC 
information is operational for all SDLAs.
    If some SDLAs begin receiving MEC information from FMCSA prior to 
June 23, 2025, FMCSA and the SDLAs will make every effort to advise all 
stakeholders when such transmission begins. MEs listed on the National 
Registry, employers, and enforcement personnel (both State and Federal) 
will need to be made fully aware that some SDLAs may be following 
procedures different from the remaining States.
    In 49 CFR parts 383, 384, and 391, FMCSA proposes to change the 
compliance dates of the rules as shown in the table below.

                          Table 1--Date Changes
------------------------------------------------------------------------
  Section to be changed (in    Current compliance      New compliance
       Title 49 CFR):                dates:                dates:
------------------------------------------------------------------------
383.71(h)(1)(i).............  June 22, 2021.......  June 23, 2025.
383.71(h)(1)(ii)............  June 22, 2021.......  June 23, 2025.
383.71(h)(3)(i).............  June 22, 2021.......  June 23, 2025.
383.71(h)(3)(ii)............  June 22, 2021.......  June 23, 2025.
383.73(a)(2)(vii)(A)........  June 22, 2021.......  June 23, 2025.
383.73(a)(2)(vii)(B)........  June 22, 2021.......  June 23, 2025.
383.73(b)(5)(i).............  June 22, 2021.......  June 23, 2025.
383.73(b)(5)(ii)............  June 22, 2021.......  June 23, 2025.
383.73(o)(1)(i).............  June 22, 2021.......  June 23, 2025.
383.73(o)(1)(ii)............  June 22, 2021.......  June 23, 2025.
383.73(o)(2)(i).............  June 22, 2021.......  June 23, 2025.
383.73(o)(2)(ii)............  June 22, 2021.......  June 23, 2025.
383.73(o)(3)(i).............  June 22, 2021.......  June 23, 2025.
383.73(o)(3)(ii)............  June 22, 2021.......  June 23, 2025.
383.73(o)(4)(i)(A)(1).......  June 22, 2021.......  June 23, 2025.
383.73(o)(4)(i)(A)(2).......  June 22, 2021.......  June 23, 2025.
383.73(o)(4)(ii)(A).........  June 22, 2021.......  June 23, 2025.
383.73(o)(4)(ii)(B).........  June 22, 2021.......  June 23, 2025.
384.301(i)..................  June 22, 2021.......  June 23, 2025.
391.23(m)(2)(i)(B)(1).......  June 21, 2021.......  June 22, 2025.
391.23(m)(2)(i)(C)..........  June 21, 2021.......  June 22, 2025.
391.23(m)(3)(i)(B)(1).......  June 21, 2021.......  June 22, 2025.
391.23(m)(3)(i)(C)..........  June 21, 2021.......  June 22, 2025.
391.41(a)(2)(i)(A)..........  June 21, 2021.......  June 22, 2025.
391.41(a)(2)(i)(B)..........  June 22, 2021.......  June 23, 2025.
391.41(a)(2)(ii)............  June 21, 2021.......  June 22, 2025.
391.43(g)(2)(i).............  June 22, 2021.......  June 23, 2025.
391.43(g)(2)(ii)............  June 22, 2021.......  June 23, 2025.
391.43(g)(3)................  June 22, 2021.......  June 23, 2025.
391.45(g)...................  June 22, 2021.......  June 23, 2025.
391.51(b)(7)(ii)............  June 21, 2021.......  June 22, 2025.
391.51(b)(9)(ii)............  June 21, 2021.......  June 22, 2025.
------------------------------------------------------------------------

FMCSA is providing a period of 30 days for public comment regarding its 
intentions to finalize the compliance dates for the regulations listed 
above. FMCSA is particularly interested in input on whether the three-
year period for SDLA implementation is appropriate, or could even be 
reduced. At the close of the comment period and after consideration of 
the comments received, the Agency plans to publish the necessary final 
rule with the extended compliance dates as soon as feasible.

VI. International Impacts

    Motor carriers and drivers are subject to the laws and regulations 
of the countries in which they operate, unless an international 
agreement states otherwise. Drivers and carriers should be aware of the 
regulatory differences among nations.

VII. Section-by-Section Analysis

    This section-by-section analysis describes the proposed changes in 
numerical order.

Parts 383, 384, and 391

    In parts 383, 384, and 391, FMCSA proposes new dates as stated in 
Table 1 above. FMCSA does not propose any other changes in today's 
SNPRM.

[[Page 21263]]

VIII. Regulatory Analyses

A. Executive Order (E.O.) 12866 (Regulatory Planning and Review), E.O. 
13563 (Improving Regulation and Regulatory Review), and DOT Regulatory 
Policies and Procedures

    FMCSA has considered the impact of this SNPRM under E.O. 12866 (58 
FR 51735, Oct. 4, 1993), Regulatory Planning and Review, E.O. 13563 (76 
FR 3821, Jan. 21, 2011), Improving Regulation and Regulatory Review, 
and DOT's regulatory policies and procedures. The Office of Information 
and Regulatory Affairs (OIRA) determined that this SNPRM is not a 
significant regulatory action under section 3(f) of E.O. 12866, as 
supplemented by E.O. 13563, and does not require an assessment of 
potential costs and benefits under section 6(a)(3) of that Order. 
Accordingly, OMB has not reviewed it under these Orders.
    The Medical Examiner's Certification Integration Final Rule, 
published April 23, 2015 (80 FR 22790), amended the FMCSRs to establish 
a streamlined process for SDLAs to receive CMV driver physical 
examination results from the MEs, via the National Registry. The 2015 
final rule estimated that the National Registry would be able to 
receive and transmit this information on a daily basis by June 22, 
2018, and established compliance dates for MEs, motor carriers, FMCSA, 
and the States accordingly. This proposed rule would delay until June 
23, 2025, the compliance date requiring (1) FMCSA to electronically 
transmit from the National Registry to the SDLAs driver identification 
information, examination results, and restriction information from 
examinations performed for holders of CLPs/CDLs (interstate and 
intrastate); (2) FMCSA to electronically transmit to the SDLAs medical 
variance information for all CMV drivers; (3) SDLAs to post driver 
identification, examination results, and restriction information 
received electronically from FMCSA; and (4) that motor carriers no 
longer would need to verify that their drivers holding CLPs or CDLs 
were certified by an ME listed on the National Registry. This action is 
being taken to ensure that SDLAs have sufficient time to make the 
necessary IT programming changes. Although this rule would impact the 
responsibilities of MEs, CMV drivers, motor carriers, SDLAs, and FMCSA, 
it is not expected to generate any economic costs or benefits.
    The 2015 final rule accounted for costs associated with system 
development and implementation, and benefits associated with 
streamlined processes and reduced paperwork. These costs and benefits 
(anticipated under the 2018 IFR to be realized on the June 22, 2021, 
compliance date) would not be realized on June 22, 2021 under this 
SNPRM. Therefore, the baseline against which to evaluate the impacts of 
this SNPRM is that the necessary systems will not be ready on June 22, 
2021, and will instead be ready on June 23, 2025. This rule aligns the 
compliance date with the date when the systems will be ready and thus, 
when the costs and benefits estimated in the 2015 final rule can be 
realized.

B. Congressional Review Act

    Pursuant to the Congressional Review Act (5 U.S.C. 801-808), OIRA 
designated this rule as not a ``major rule.'' \3\
---------------------------------------------------------------------------

    \3\ A ``major rule'' means any rule that the Office of 
Management and Budget finds has resulted in or is likely to result 
in (a) an annual effect on the economy of $100 million or more; (b) 
a major increase in costs or prices for consumers, individual 
industries, geographic regions, Federal, State, or local government 
agencies; or (c) significant adverse effects on competition, 
employment, investment, productivity, innovation, or on the ability 
of United States-based enterprises to compete with foreign-based 
enterprises in domestic and export markets (49 CFR 389.3).
---------------------------------------------------------------------------

C. Regulatory Flexibility Act

    The Regulatory Flexibility Act (5 U.S.C. 601 et seq.) (RFA), as 
amended by the Small Business Regulatory Enforcement Fairness Act of 
1996 (SBREFA),\4\ requires Federal agencies to consider the effects of 
the regulatory action on small business and other small entities and to 
minimize any significant economic impact. The term ``small entities'' 
comprises small businesses and not-for-profit organizations that are 
independently owned and operated and are not dominant in their fields, 
and governmental jurisdictions with populations of less than 50,000 (5 
U.S.C. 601(6)). Accordingly, DOT policy requires an analysis of the 
impact of all regulations on small entities, and mandates that agencies 
strive to lessen any adverse effects on these businesses.
---------------------------------------------------------------------------

    \4\ Public Law 104-121, 110 Stat. 857, (Mar. 29, 1996).
---------------------------------------------------------------------------

    FMCSA considers all of the 70,803 certified MEs who are certified 
and listed on the National Registry to be small entities.\5\ While this 
may be a substantial number of small entities, this rule does not 
impose any new requirements on MEs. MEs are already required, under the 
2015 final rule, to report results of all CMV drivers' physical 
examinations (including the results of examinations where the driver 
was found not to be qualified) to FMCSA by midnight (local time) of the 
next calendar day following the examination. In addition, this rule 
does not result in additional costs or benefits, nor does it inhibit 
the realization of the cost savings identified in the 2015 final rule. 
The unanticipated National Registry outage and subsequent IT 
development issues have led to delays in the development of the process 
for the electronic transmission of MEC information and medical 
variances, and the final specifications have not yet been published and 
released to the SDLAs. This rule aligns the compliance date with the 
date when the systems will be ready and thus, when the costs and 
benefits estimated in the 2015 final rule can be realized. As such, 
this rule will not result in a significant economic impact on the MEs.
---------------------------------------------------------------------------

    \5\ 70,803 certified MEs listed on the National Registry as of 
May 14, 2020.
---------------------------------------------------------------------------

    CMV drivers are not considered small entities because they do not 
meet the definition of a small entity in Section 601 of the RFA. 
Specifically, CMV drivers are considered neither a small business under 
Section 601(3) of the RFA, nor are they considered a small organization 
under Section 601(4) of the RFA.
    All motor carriers would likely be impacted by this rule; however, 
the rule would impose no new obligations. FMCSA does not know how many 
of these motor carriers would be considered ``small.'' The U.S. Small 
Business Administration (SBA) defines the size standards used to 
classify entities as small. SBA establishes separate standards for each 
industry, as defined by the North American Industry Classification 
System (NAICS).\6\ This rule could affect many different industry 
sectors; for example, the transportation sector (e.g., general freight 
trucking industry group (4841) and the specialized freight trucking 
industry group (4842)), the agricultural sector (11), and the 
construction sector (23). Industry groups within these sectors have 
size standards based on the number of employees, or on the amount of 
annual revenue. Regardless of how many small entities are in this 
population, this rule as proposed is not expected to generate any 
economic costs or benefits. Therefore, FMCSA estimates that, while this 
rule as proposed may affect a substantial number of small entities, it 
would not have a significant impact on those entities.
---------------------------------------------------------------------------

    \6\ Executive Office of the President, Office of Management and 
Budget (OMB). ``North American Industry Classification System.'' 
2017. Available at: https://www.census.gov/eos/www/naics/2017NAICS/2017_NAICS_Manual.pdf (accessed March 20, 2018).
---------------------------------------------------------------------------

    This rule also directly affects the States through their SDLAs. 
Under the

[[Page 21264]]

standards of the RFA, as amended by the SBREFA, the States are not 
small entities. States are not considered small entities because they 
do not meet the definition of a small entity in Section 601 of the RFA. 
Specifically, States are not considered small governmental 
jurisdictions under Section 601(5) of the RFA, both because State 
government is not included among the various levels of government 
listed in Section 601(5), and because, even if this were the case, no 
State, including the District of Columbia, has a population of less 
than 50,000, which is the criterion for a governmental jurisdiction to 
be considered small under Section 601(5) of the RFA.
    Consequently, I hereby certify that this action will not have a 
significant economic impact on a substantial number of small entities.

D. Assistance for Small Entities

    In accordance with section 213(a) of the Small Business Regulatory 
Enforcement Fairness Act of 1996,\7\ FMCSA wants to assist small 
entities in understanding this SNPRM so they can better evaluate its 
effects on themselves and participate in the rulemaking initiative. If 
the SNPRM would affect your small business, organization, or 
governmental jurisdiction and you have questions concerning its 
provisions or options for compliance; please consult the person listed 
under FOR FURTHER INFORMATION CONTACT.
---------------------------------------------------------------------------

    \7\ Public Law 104-121, 110 Stat. 857, (Mar. 29, 1996).
---------------------------------------------------------------------------

    Small businesses may send comments on the actions of Federal 
employees who enforce or otherwise determine compliance with Federal 
regulations to the Small Business Administration's Small Business and 
Agriculture Regulatory Enforcement Ombudsman and the Regional Small 
Business Regulatory Fairness Boards. The Ombudsman evaluates these 
actions annually and rates each agency's responsiveness to small 
business. If you wish to comment on actions by employees of FMCSA, call 
1-888-REG-FAIR (1-888-734-3247). DOT has a policy regarding the rights 
of small entities to regulatory enforcement fairness and an explicit 
policy against retaliation for exercising these rights.

E. Unfunded Mandates Reform Act of 1995

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) 
requires Federal agencies to assess the effects of their discretionary 
regulatory actions. The Act addresses actions that may result in the 
expenditure by a State, local, or Tribal government, in the aggregate, 
or by the private sector of $168 million (which is the value equivalent 
of $100 million in 1995, adjusted for inflation to 2019 levels) or more 
in any 1 year. Though this SNPRM would not result in such an 
expenditure, the Agency does discuss the effects of this rule elsewhere 
in this preamble.

F. Paperwork Reduction Act

    This SNPRM contains no new information collection requirements 
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

G. E.O. 13132 (Federalism)

    A rule has implications for federalism under section 1(a) of E.O. 
13132 if it has ``substantial direct effects on the States, on the 
relationship between the national government and the States, or on the 
distribution of power and responsibilities among the various levels of 
government.''
    FMCSA has determined that this SNPRM would not have substantial 
direct costs on or for States, nor would it limit the policymaking 
discretion of States. Nothing in this document preempts any State law 
or regulation. Therefore, this SNPRM does not have sufficient 
federalism implications to warrant the preparation of a Federalism 
Impact Statement.

H. Privacy

    The Consolidated Appropriations Act, 2005,\8\ requires the Agency 
to assess the privacy impact of a regulation that will affect the 
privacy of individuals. This SNPRM would not require the collection of 
personally identifiable information (PII).
---------------------------------------------------------------------------

    \8\ Public Law 108-447, 118 Stat. 2809, 3268, note following 5 
U.S.C. 552a (Dec. 4, 2014).
---------------------------------------------------------------------------

    The Privacy Act (5 U.S.C. 552a) applies only to Federal agencies 
and any non-Federal agency that receives records contained in a system 
of records from a Federal agency for use in a matching program.
    The E-Government Act of 2002,\9\ requires Federal agencies to 
conduct a PIA for new or substantially changed technology that 
collects, maintains, or disseminates information in an identifiable 
form.
---------------------------------------------------------------------------

    \9\ Public Law 107-347, sec. 208, 116 Stat. 2899, 2921 (Dec. 17, 
2002).
---------------------------------------------------------------------------

    No new or substantially changed technology would collect, maintain, 
or disseminate information as a result of this rule. Accordingly, FMCSA 
has not conducted a PIA.

I. E.O. 13175 (Indian Tribal Governments)

    This rule does not have Tribal implications under E.O. 13175, 
Consultation and Coordination with Indian Tribal Governments, because 
it does not have a substantial direct effect on one or more Indian 
Tribes, on the relationship between the Federal Government and Indian 
Tribes, or on the distribution of power and responsibilities between 
the Federal Government and Indian Tribes.

J. National Environmental Policy Act of 1969

    FMCSA analyzed this SNPRM for the purpose of the National 
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321 et seq.) and 
determined this action is categorically excluded from further analysis 
and documentation in an environmental assessment or environmental 
impact statement under FMCSA Order 5610.1 (69 FR 9680), Appendix 2, 
paragraph (s)(7) and paragraph (t)(2). The Categorical Exclusion (CE) 
in paragraph (s)(7) covers requirements for State-issued commercial 
license documentation and paragraph (t)(2) addresses regulations that 
ensure States have the appropriate information systems and procedures 
concerning CDL qualifications. The content in this interim final rule 
is covered by these CEs and the final action does not have any effect 
on the quality of the environment.

List of Subjects

49 CFR Part 383

    Administrative practice and procedure, Alcohol abuse, Drug abuse, 
Highway safety, Motor carriers.

49 CFR Part 384

    Administrative practice and procedure, Alcohol abuse, Drug abuse, 
Highway safety, Motor carriers.

49 CFR Part 391

    Alcohol abuse, Drug abuse, Drug testing, Highway safety, Motor 
carriers, Reporting and recordkeeping requirements, Safety, 
Transportation.

    In consideration of the foregoing, FMCSA proposes to amend 49 CFR 
chapter III, parts 383, 384, and 391 to read as follows:

PART 383--COMMERCIAL DRIVER'S LICENSE STANDARDS; REQUIREMENTS AND 
PENALTIES

0
1. The authority citation for part 383 continues to read as follows:

    Authority: 49 U.S.C. 521, 31136, 31301 et seq., and 31502; secs. 
214 and 215 of Pub. L.

[[Page 21265]]

106-159, 113 Stat. 1748, 1766, 1767; sec. 1012(b) of Pub. L. 107-56, 
115 Stat. 272, 297, sec. 4140 of Pub. L. 109-59, 119 Stat. 1144, 
1746; sec. 32934 of Pub. L. 112-141, 126 Stat. 405, 830; secs. 5401 
and 7208 of Pub. L. 114-94, 129 Stat. 1312, 1546, 1593; and 49 CFR 
1.87.

0
2. Amend Sec.  383.71 by revising paragraphs (h)(1) and (3) to read as 
follows:


Sec.  383.71  Driver application and certification procedures.

* * * * *
    (h) * * *
    (1) New CLP and CDL applicants. (i) Before June 23, 2025, a new CLP 
or CDL applicant who certifies that he/she will operate CMVs in non-
excepted, interstate commerce must provide the State with an original 
or copy (as required by the State) of a medical examiner's certificate 
prepared by a medical examiner, as defined in 49 CFR 390.5, and the 
State will post a medical qualifications status of ``certified'' on the 
CDLIS driver record for the driver;
    (ii) On or after June 23, 2025, a new CLP or CDL applicant who 
certifies that he/she will operate CMVs in non-excepted, interstate 
commerce must be medically examined and certified in accordance with 49 
CFR 391.43 as medically qualified to operate a CMV by a medical 
examiner, as defined in 49 CFR 390.5. Upon receiving an electronic copy 
of the medical examiner's certificate from FMCSA, the State will post a 
medical qualifications status of ``certified'' on the CDLIS driver 
record for the driver;
* * * * *
    (3) Maintaining the medical certification status of ``certified.'' 
(i) Before June 23, 2025, in order to maintain a medical certification 
status of ``certified,'' a CLP or CDL holder who certifies that he/she 
will operate CMVs in non-excepted, interstate commerce must provide the 
State with an original or copy (as required by the State) of each 
subsequently issued medical examiner's certificate;
    (ii) On or after June 23, 2025, in order to maintain a medical 
certification status of ``certified,'' a CLP or CDL holder who 
certifies that he/she will operate CMVs in non-excepted, interstate 
commerce must continue to be medically examined and certified in 
accordance with 49 CFR 391.43 as physically qualified to operate a 
commercial motor vehicle by a medical examiner, as defined in 49 CFR 
390.5. FMCSA will provide the State with an electronic copy of the 
medical examiner's certificate information for all subsequent medical 
examinations in which the driver has been deemed qualified.
0
3. Amend Sec.  383.73 by revising paragraphs (a)(2)(vii), (b)(5), 
(o)(1)(i) introductory text, (o)(1)(ii) introductory text, (o)(2), 
(o)(3), (o)(4)(i)(A), and (o)(4)(ii) to read as follows:


Sec.  383.73  State procedures.

    (a) * * *
    (2) * * *
    (vii)(A) Before June 23, 2025, for drivers who certified their type 
of driving according to Sec.  383.71(b)(1)(i) (non-excepted interstate) 
and, if the CLP applicant submits a current medical examiner's 
certificate, date-stamp the medical examiner's certificate, and post 
all required information from the medical examiner's certificate to the 
CDLIS driver record in accordance with paragraph (o) of this section.
    (B) On or after June 23, 2025, for drivers who certified their type 
of driving according to Sec.  383.71(b)(1)(i) (non-excepted interstate) 
and, if FMCSA provides current medical examiner's certificate 
information electronically, post all required information matching the 
medical examiner's certificate to the CDLIS driver record in accordance 
with paragraph (o) of this section.
    (b) * * *
    (5)(i) Before June 23, 2025, for drivers who certified their type 
of driving according to Sec.  383.71(b)(1)(i) (non-excepted interstate) 
and, if the CDL holder submits a current medical examiner's 
certificate, date-stamp the medical examiner's certificate and post all 
required information from the medical examiner's certificate to the 
CDLIS driver record in accordance with paragraph (o) of this section.
    (ii) On or after June 23, 2025, for drivers who certified their 
type of driving according to Sec.  383.71(b)(1)(i) (non-excepted 
interstate) and, if FMCSA provides current medical examiner's 
certificate information electronically, post all required information 
matching the medical examiner's certificate to the CDLIS driver record 
in accordance with paragraph (o) of this section.
* * * * *
    (o) * * *
    (1)(i) Status of CLP or CDL holder. Before June 23, 2025, for each 
operator of a commercial motor vehicle required to have a CLP or CDL, 
the current licensing State must:
* * * * *
    (ii) Status of CLP or CDL holder. On or after June 23, 2025, for 
each operator of a commercial motor vehicle required to have a CLP or 
CDL, the current licensing State must:
* * * * *
    (2) Status update. (i) Before June 23, 2025, the State must, within 
10 calendar days of the driver's medical examiner's certificate or 
medical variance expiring, the medical variance being rescinded or the 
medical examiner's certificate being voided by FMCSA, update the 
medical certification status of that driver as ``not certified.''
    (ii) On or after June 23, 2025, the State must, within 10 calendar 
days of the driver's medical examiner's certificate or medical variance 
expiring, the medical examiner's certificate becoming invalid, the 
medical variance being rescinded, or the medical examiner's certificate 
being voided by FMCSA, update the medical certification status of that 
driver as ``not certified.''
    (3) Variance update. (i) Before June 23, 2025, within 10 calendar 
days of receiving information from FMCSA regarding issuance or renewal 
of a medical variance for a driver, the State must update the CDLIS 
driver record to include the medical variance information provided by 
FMCSA.
    (ii) On or after June 23, 2025, within 1 business day of 
electronically receiving medical variance information from FMCSA 
regarding the issuance or renewal of a medical variance for a driver, 
the State must update the CDLIS driver record to include the medical 
variance information provided by FMCSA.
    (4) * * *
    (i) * * *
    (A)(1) Before June 23, 2025, notify the CLP or CDL holder of his/
her CLP or CDL ``not-certified'' medical certification status and that 
the CMV privileges will be removed from the CLP or CDL unless the 
driver submits a current medical examiner's certificate and/or medical 
variance, or changes his/her self-certification to driving only in 
excepted or intrastate commerce (if permitted by the State);
    (2) On or after June 23, 2025, notify the CLP or CDL holder of his/
her CLP or CDL ``not-certified'' medical certification status and that 
the CMV privileges will be removed from the CLP or CDL unless the 
driver has been medically examined and certified in accordance with 49 
CFR 391.43 as physically qualified to operate a commercial motor 
vehicle by a medical examiner, as defined in 49 CFR 390.5, or the 
driver changes his/her self-certification to driving only in excepted 
or intrastate commerce (if permitted by the State).
* * * * *
    (ii)(A) Before June 23, 2025, if a driver fails to provide the 
State with the certification contained in Sec.  383.71(b)(1),

[[Page 21266]]

or a current medical examiner's certificate if the driver self-
certifies according to Sec.  383.71(b)(1)(i) that he/she is operating 
in non-excepted interstate commerce as required by Sec.  383.71(h), the 
State must mark that CDLIS driver record as ``not-certified'' and 
initiate a CLP or CDL downgrade following State procedures in 
accordance with paragraph (o)(4)(i)(B) of this section.
    (B) On or after June 23, 2025, if a driver fails to provide the 
State with the certification contained in Sec.  383.71(b)(1), or, if 
the driver self-certifies according to Sec.  383.71(b)(1)(i) that he/
she is operating in non-excepted interstate commerce as required by 
Sec.  383.71(h) and the information required by paragraph (o)(2)(ii) of 
this section is not received and posted, the State must mark that CDLIS 
driver record as ``not-certified'' and initiate a CLP or CDL downgrade 
following State procedures in accordance with paragraph (o)(4)(i)(B) of 
this section.
* * * * *

PART 384--STATE COMPLIANCE WITH COMMERCIAL DRIVER'S LICENSE PROGRAM

0
4. The authority citation for part 384 continues to read as follows:

    Authority: 49 U.S.C. 31136, 31301, et seq., and 31502; secs. 103 
and 215 of Pub. L. 106-59, 113 Stat. 1753, 1767; sec. 32934 of Pub. 
L. 112-141, 126 Stat. 405, 830; secs. 5401 and 7208 of Pub. L. 114-
94, 129 Stat. 1312, 1546, 1593 and 49 CFR 1.87.

0
5. Amend Sec.  384.301 by revising paragraph (i) to read as follows:


Sec.  384.301  Substantial compliance-general requirements.

* * * * *
    (i) A State must come into substantial compliance with the 
requirements of subpart B of this part and part 383 of this chapter in 
effect as of June 22, 2015, as soon as practical, but, unless otherwise 
specifically provided in this part, not later than June 23, 2025.
* * * * *

PART 391--QUALIFICATIONS OF DRIVERS AND LONGER COMBINATION VEHICLE 
(LCV) DRIVER INSTRUCTORS

0
6. The authority citation for part 391 continues to read as follows:

    Authority: 49 U.S.C. 504, 508, 31133, 31136, 31149, and 31502; 
sec. 4007(b), Pub. L. 102-240, 105 Stat. 1914, 2152; sec. 114, Pub. 
L. 103-311, 108 Stat. 1673, 1677; sec. 215, Pub. L. 106-159, 113 
Stat. 1748, 1767; sec. 32934, Pub. L. 112-141, 126 Stat. 405, 830; 
secs. 5403 and 5524, Pub. L. 114-94, 129 Stat. 1312, 1548, 1560; 
sec. 2, Pub. L. 115-105, 131 Stat. 2263; and 49 CFR 1.87.

0
7. Amend Sec.  391.23 by revising paragraphs (m)(2)(i)(B)(1) and 
(m)(2)(i)(C), (m)(3)(i)(B)(1) and (m)(3)(i)(C), to read as follows:


Sec.  391.23  Investigation and inquiries.

* * * * *
    (m) * * *
    (2) * * *
    (i) * * *
    (B)(1) Beginning on May 21, 2014, and through June 22, 2025, that 
the driver was certified by a medical examiner listed on the National 
Registry of Certified Medical Examiners as of the date of medical 
examiner's certificate issuance.
* * * * *
    (C) Exception. Beginning on January 30, 2015, and through June 22, 
2025, if the driver provided the motor carrier with a copy of the 
current medical examiner's certificate that was submitted to the State 
in accordance with Sec.  383.73(b)(5) of this chapter, the motor 
carrier may use a copy of that medical examiner's certificate as proof 
of the driver's medical certification for up to 15 days after the date 
it was issued.
* * * * *
    (3) * * *
    (i) * * *
    (B)(1) Through June 22, 2025, that the driver was certified by a 
medical examiner listed on the National Registry of Certified Medical 
Examiners as of the date of medical examiner's certificate issuance.
* * * * *
    (C) Through June 22, 2025, if the driver provided the motor carrier 
with a copy of the current medical examiner's certificate that was 
submitted to the State in accordance with Sec.  383.73(a)(2)(vii) of 
this chapter, the motor carrier may use a copy of that medical 
examiner's certificate as proof of the driver's medical certification 
for up to 15 days after the date it was issued.
* * * * *
0
8. Amend Sec.  391.41 by revising paragraphs (a)(2)(i) and (ii), to 
read as follows:


Sec.  391.41  Physical qualifications for drivers.

    (a) * * *
    (2) * * *
    (i)(A) Beginning on January 30, 2015 and through June 22, 2025, a 
driver required to have a commercial driver's license under part 383 of 
this chapter, and who submitted a current medical examiner's 
certificate to the State in accordance with 49 CFR 383.71(h) 
documenting that he or she meets the physical qualification 
requirements of this part, no longer needs to carry on his or her 
person the medical examiner's certificate specified at Sec.  391.43(h), 
or a copy, for more than 15 days after the date it was issued as valid 
proof of medical certification.
    (B) On or after June 23, 2025, a driver required to have a 
commercial driver's license or a commercial learner's permit under 49 
CFR part 383, and who has a current medical examiner's certificate 
documenting that he or she meets the physical qualification 
requirements of this part, no longer needs to carry on his or her 
person the medical examiner's certificate specified at Sec.  391.43(h).
    (ii) Beginning on July 8, 2015, and through June 22, 2025, a driver 
required to have a commercial learner's permit under part 383 of this 
chapter, and who submitted a current medical examiner's certificate to 
the State in accordance with Sec.  383.71(h) of this chapter 
documenting that he or she meets the physical qualification 
requirements of this part, no longer needs to carry on his or her 
person the medical examiner's certificate specified at Sec.  391.43(h), 
or a copy for more than 15 days after the date it was issued as valid 
proof of medical certification.
* * * * *
0
9. Amend Sec.  391.43 by revising paragraphs (g)(2) and (3) to read as 
follows:


Sec.  391.43  Medical examination; certificate of physical examination.

* * * * *
    (g) * * *
    (2)(i) Before June 23, 2025, if the medical examiner finds that the 
person examined is physically qualified to operate a commercial motor 
vehicle in accordance with Sec.  391.41(b), he or she must complete a 
certificate in the form prescribed in paragraph (h) of this section and 
furnish the original to the person who was examined. The examiner must 
provide a copy to a prospective or current employing motor carrier who 
requests it.
    (ii) On or after June 23, 2025, if the medical examiner identifies 
that the person examined will not be operating a commercial motor 
vehicle that requires a commercial driver's license or a commercial 
learner's permit and finds that the driver is physically qualified to 
operate a commercial motor vehicle in accordance with Sec.  391.41(b), 
he or she must complete a certificate in the form prescribed in 
paragraph (h) of this section and furnish the original to the person 
who was examined. The examiner must provide a copy to a prospective or 
current employing motor carrier who requests it.

[[Page 21267]]

    (3) On or after June 23, 2025, if the medical examiner finds that 
the person examined is not physically qualified to operate a commercial 
motor vehicle in accordance with Sec.  391.41(b), he or she must inform 
the person examined that he or she is not physically qualified, and 
that this information will be reported to FMCSA. All medical examiner's 
certificates previously issued to the person are not valid and no 
longer satisfy the requirements of Sec.  391.41(a).
* * * * *
0
10. Amend Sec.  391.45 by revising paragraph (g) to read as follows:


Sec.  391.45  Persons who must be medically examined and certified.

* * * * *
    (g) On or after June 23, 2025, any person found by a medical 
examiner not to be physically qualified to operate a commercial motor 
vehicle under the provisions of paragraph (g)(3) of Sec.  391.43.
0
11. Amend Sec.  391.51 by revising paragraphs (b)(7)(ii) and (b)(9)(ii) 
to read as follows:


Sec.  391.51  General requirements for driver qualification files.

* * * * *
    (b) * * *
    (7) * * *
    (ii) Exception. For CDL holders, beginning January 30, 2012, if the 
CDLIS motor vehicle record contains medical certification status 
information, the motor carrier employer must meet this requirement by 
obtaining the CDLIS motor vehicle record defined at Sec.  384.105 of 
this chapter. That record must be obtained from the current licensing 
State and placed in the driver qualification file. After January 30, 
2015, a non-excepted, interstate CDL holder without medical 
certification status information on the CDLIS motor vehicle record is 
designated ``not-certified'' to operate a CMV in interstate commerce. 
After January 30, 2015, and through June 22, 2025, a motor carrier may 
use a copy of the driver's current medical examiner's certificate that 
was submitted to the State for up to 15 days from the date it was 
issued as proof of medical certification.
* * * * *
    (9) * * *
    (ii) Through June 22, 2025, for drivers required to have a CDL, a 
note relating to verification of medical examiner listing on the 
National Registry of Certified Medical Examiners required by Sec.  
391.23(m)(2).
* * * * *

    Issued under authority delegated in 49 CFR 1.87.
Meera Joshi,
Acting Administrator.
[FR Doc. 2021-08238 Filed 4-19-21; 4:15 pm]
BILLING CODE 4910-EX-P