Extension of Compliance Date for Entry-Level Driver Training, 34631-34636 [2021-13893]

Download as PDF Federal Register / Vol. 86, No. 123 / Wednesday, June 30, 2021 / Rules and Regulations application, or is a debtor in an involuntary bankruptcy or insolvency proceeding at the time of the application. 2. If one of the television stations involved is a ‘‘failing’’ station that has an all-day audience share of no more than four per cent; the station has had negative cash flow for three consecutive years immediately prior to the application; and consolidation of the two stations would result in tangible and verifiable public interest benefits that outweigh any harm to competition and diversity. 3. If the combination will result in the construction of an unbuilt station. The permittee of the unbuilt station must demonstrate that it has made reasonable efforts to construct but has been unable to do so. * * * * * Note 9 to § 73.3555: Paragraph (a)(1) of this section will not apply to an application for an AM station license in the 1605–1705 kHz band where grant of such application will result in the overlap of the 5 mV/m groundwave contours of the proposed station and that of another AM station in the 535– 1605 kHz band that is commonly owned, operated or controlled. * * * * * [FR Doc. 2021–13811 Filed 6–29–21; 8:45 am] BILLING CODE 6712–01–P DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration 49 CFR Parts 380, 383, and 384 [Docket No. FMCSA–2007–27748] RIN 2126–AC25 Extension of Compliance Date for Entry-Level Driver Training Federal Motor Carrier Safety Administration (FMCSA), Department of Transportation (DOT). ACTION: Final rule. AGENCY: FMCSA finalizes its February 4, 2020 interim final rule (interim rule), which revised a December 8, 2016, final rule, ‘‘Minimum Training Requirements for Entry-Level Commercial Motor Vehicle Operators’’ (ELDT final rule). This action finalizes the extension of the compliance date for the ELDT final rule from February 7, 2020, to February 7, 2022. This action provides FMCSA additional time to complete development of the Training Provider Registry (TPR) and provides State Driver Licensing Agencies (SDLAs) time to modify their information technology jbell on DSKJLSW7X2PROD with RULES SUMMARY: VerDate Sep<11>2014 16:21 Jun 29, 2021 Jkt 253001 (IT) systems and procedures, as necessary, to accommodate their receipt of driver-specific ELDT data from the TPR. This final rule is effective on July 30, 2021. Petitions for Reconsideration of this final rule must be submitted to the FMCSA Administrator no later than July 30, 2021. FOR FURTHER INFORMATION CONTACT: Mr. Joshua Jones, Commercial Driver’s License Division, FMCSA, 1200 New Jersey Avenue SE, Washington, DC 20590–0001, (202) 366–7332, Joshua.Jones@dot.gov. If you have questions on viewing or submitting material to the docket, contact Dockets Operations, (202) 366–9826. SUPPLEMENTARY INFORMATION: This final rule is organized as follows: DATES: I. Rulemaking Documents A. Availability of Rulemaking Documents B. Privacy Act II. Executive Summary A. Purpose of the Regulatory Action B. Summary of Major Provisions C. Costs and Benefits III. Abbreviations, Acronyms, and Symbols IV. Legal Basis V. Regulatory History A. 2016 ELDT Final Rule B. NPRM To Extend Partially the ELDT Compliance Date C. Interim Final Rule VI. Discussion of Comments and Changes to the Interim Final Rule VII. Section-by-Section Analysis 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 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. Rulemaking Documents A. Availability of Rulemaking Documents For access to docket FMCSA–2007– 27748 to read background documents and comments received, go to https:// www.regulations.gov at any time, or to Dockets Operations at U.S. Department of Transportation, Room W12–140, West Building Ground Floor, 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 PO 00000 Frm 00027 Fmt 4700 Sfmt 4700 34631 (202) 366–9826 before visiting Dockets Operations. B. Privacy Act In accordance with 5 U.S.C. 553(c), DOT solicits comments from the public to better inform its rulemaking process. DOT posts these comments, without edit, including any personal information the commenter provides, to https:// www.regulations.gov, as described in the system of records notice ‘‘DOT/ALL 14—Federal Docket Management System (FDMS),’’ which can be reviewed at https:// www.transportation.gov/privacy. II. Executive Summary A. Purpose of the Regulatory Action FMCSA finalizes the extension of the compliance date for the ELDT final rule, ‘‘Minimum Training Requirements for Entry-Level Commercial Motor Vehicle Operators’’ (81 FR 88732, Dec. 8, 2016), from February 7, 2020, to February 7, 2022. As noted in the interim final rule, this extension is necessary so that FMCSA can complete the IT infrastructure to support the TPR, which will allow training providers to selfcertify, to request listing on the TPR, and to upload the driver-specific ELDT completion information to the TPR. Completion of the TPR technology platform is also necessary before driverspecific ELDT completion information can be transmitted from the TPR to the SDLAs. This delay also provides SDLAs with time to make changes, as necessary, to their IT systems and internal procedures to allow them to receive the driver ELDT completion information transmitted from the TPR. B. Summary of Major Provisions This action finalizes the 2-year extension of the interim final rule. The extension applies to all requirements established by the ELDT final rule, including: 1. The date by which training providers must begin uploading driverspecific ELDT certification information to the TPR; 2. The date by which SDLAs must confirm that applicants for a commercial driver’s license (CDL) have complied with ELDT requirements prior to taking a specified knowledge or skills test; 3. The date by which training providers wishing to provide ELDT must be listed on the TPR; and 4. The date by which drivers seeking a CDL or endorsement must complete the required training, as set forth in the ELDT final rule. In addition to finalizing this delay, FMCSA is also making clarifying and E:\FR\FM\30JNR1.SGM 30JNR1 34632 Federal Register / Vol. 86, No. 123 / Wednesday, June 30, 2021 / Rules and Regulations conforming changes to the regulations. FMCSA does not make any other substantive changes to the requirements established by the ELDT final rule, or to the length of the delay established in the interim final rule. C. Costs and Benefits In the interim rule, the Agency estimated annualized cost savings of $179 million and $196 million at 3 percent and 7 percent discount rates, respectively, over a 4-year period from 2020 through 2023. The full regulatory analyses may be found in the interim rule located in the public docket for this rulemaking (FMCSA–2007–27748– 1474). Because the interim rule was effective upon publication, the Agency treats the interim rule as the baseline for this analysis. Therefore, this final rule will not result in any incremental impacts relative to that baseline, as it merely finalizes the 2-year extension of the interim rule. III. Abbreviations, Acronyms, and Symbols AAMVA American Association of Motor Vehicle Administrators ANPRM Advance Notice of Proposed Rulemaking BTW Behind the Wheel CDL Commercial Driver’s License CDLIS Commercial Driver’s License Information System CFR Code of Federal Regulations CMV Commercial Motor Vehicle CMVSA Commercial Motor Vehicle Safety Act DOT U.S. Department of Transportation ELDT Entry-Level Driver Training E.O. Executive Order FMCSA Federal Motor Carrier Safety Administration FMCSRs Federal Motor Carrier Safety Regulations FR Federal Register FRFA Final Regulatory Flexibility Analysis IT Information Technology NEPA National Environmental Policy Act of 1969 NPRM Notice of Proposed Rulemaking OMB Office of Management and Budget PIA Privacy Impact Assessment PII Personally Identifiable Information PRA Paperwork Reduction Act RIA Regulatory Impact Analysis RIN Regulation Identifier Number SDLA State Driver Licensing Agency SORN Systems of Records Notice § Section symbol TPR Training Provider Registry U.S.C. United States Code jbell on DSKJLSW7X2PROD with RULES IV. Legal Basis The legal basis of the ELDT final rule, set forth at 81 FR 88738–88739, also serves as the legal basis for this final rule. A summary of the statutory authorities identified in that discussion follows. VerDate Sep<11>2014 16:21 Jun 29, 2021 Jkt 253001 FMCSA’s authority to amend the ELDT final rule by extending the compliance date, and making other necessary clarifying and conforming changes, is derived from several concurrent statutory sources. The Motor Carrier Act of 1935, as amended, codified at 49 U.S.C. 31502(b), authorizes the Secretary of Transportation (the Secretary) to prescribe requirements for the safety of motor carrier operations. The rule also relies on the Motor Carrier Safety Act of 1984, as amended, codified at 49 U.S.C. 31136(a)(1) and (2), requiring the Secretary to establish regulations to ensure that CMVs are operated safely, and that responsibilities placed on CMV drivers do not impair their ability to safely operate CMVs. The rule does not address medical standards for drivers or physical effects related to CMV driving (49 U.S.C. 31136(a)(3) and (4)). The Agency does not anticipate that drivers will be coerced as a result of this rule (49 U.S.C. 31136(5)). The Commercial Motor Vehicle Safety Act of 1986 (CMVSA), as amended, codified in 49 U.S.C. chapter 313, established the CDL program and required the Secretary to promulgate implementing regulations, including minimum standards for testing and ensuring the fitness of an individual operating a commercial motor vehicle (49 U.S.C. 31305(a)). The specific statutory provision underlying the ELDT final rule, enacted as part of The Moving Ahead for Progress in the 21st Century Act and codified at 49 U.S.C. 31305(c), required the Secretary to establish minimum entry-level driver training standards for certain individuals required to hold a CDL. The Administrator of FMCSA is delegated authority under 49 CFR 1.87 to carry out the functions vested in the Secretary by 49 U.S.C. chapters 311, 313, and 315, as they relate to CMV operators, programs, and safety. V. Regulatory History A. 2016 ELDT Final Rule The ELDT final rule established minimum training standards for individuals applying for a Class A or Class B CDL for the first time; individuals upgrading their CDL to a Class B or Class A; and individuals obtaining the following endorsements for the first time: Hazardous materials (H), passenger (P), and school bus (S). The ELDT final rule also defined curriculum standards for theory and behind-the-wheel (BTW) instruction for Class A and B CDLs and the P and S endorsements, and theory instruction requirements for the H endorsement. In addition, the ELDT final rule required PO 00000 Frm 00028 Fmt 4700 Sfmt 4700 that SDLAs verify ELDT completion before allowing the applicant to take a skills test for a Class A or Class B CDL, or a P or S endorsement; or a knowledge test prior to obtaining the H endorsement. The ELDT final rule also established the TPR, an online database which would allow ELDT providers to electronically register with FMCSA and certify that individual driver-trainees completed the required training. The rule set forth eligibility requirements for training providers to be listed on the TPR, including a certification, under penalty of perjury, that their training programs meet those requirements. The ELDT final rule, when fully implemented, will require training providers to register with the TPR, and thereafter electronically upload driverspecific ELDT information to the TPR, which FMCSA will then verify before transmitting to the SDLA. The process is designed to deliver a finished ‘‘product’’ (i.e., verified driver-specific ELDT information) to the end user, the SDLA, for their review prior to administering the CDL skills test or issuing the CDL credential. B. NPRM To Extend Partially the ELDT Compliance Date On July 18, 2019, FMCSA published a notice of proposed rulemaking (NPRM) titled ‘‘Partial Extension of Compliance Date for Entry-Level Driver Training’’ (84 FR 34324). That NPRM proposed delaying, from February 7, 2020, to February 7, 2022, two provisions from the ELDT final rule published on December 8, 2016 (81 FR 88732): The requirement that training providers upload driver-specific training certification information to the TPR, and the requirement that SDLAs confirm driver applicants are in compliance with the ELDT requirements prior to administering a skills test for a Class A or Class B CDL, or a P or S endorsement, or prior to administering the knowledge test to obtain the H endorsement. In the NPRM, FMCSA explained that the proposed delay was necessary to allow both the Agency and SDLAs to complete the requisite IT infrastructure to accommodate the two requirements. The NPRM, which did not propose extending the compliance date for any other ELDT requirement, also proposed several clarifying and conforming changes to the ELDT final rule. FMCSA received 56 comments on the NPRM. No public meeting was requested and none was held. C. Interim Final Rule On February 4, 2020, FMCSA published in the Federal Register an E:\FR\FM\30JNR1.SGM 30JNR1 Federal Register / Vol. 86, No. 123 / Wednesday, June 30, 2021 / Rules and Regulations interim final rule titled ‘‘Extension of Compliance Date for Entry-Level Driver Training’’ (85 FR 6088). That interim rule extended the compliance date for the ELDT final rule, from February 7, 2020, to February 7, 2022. The 2-year extension applied to all requirements established by the ELDT final rule, including: 1. The date by which training providers must begin uploading driverspecific ELDT certification information to the TPR; 2. The date by which SDLAs must confirm that applicants for a CDL have complied with ELDT requirements prior to taking a specified knowledge or skills test; 3. The date by which training providers wishing to provide ELDT must be listed on the TPR; and 4. The date by which drivers seeking a CDL or endorsement must complete the required training, as set forth in the ELDT final rule. In the interim rule, FMCSA cited IT development issues largely beyond its control that prevented the Agency from completing the TPR in time for the February 7, 2020, compliance date established by the ELDT final rule. Accordingly, the partial delay proposed in the NPRM was no longer feasible. FMCSA issued the interim rule with an immediate effective date, but provided a 45-day comment period. FMCSA received 20 comments on the interim rule, which are discussed below. jbell on DSKJLSW7X2PROD with RULES VI. Discussion of Comments and Changes to the Interim Final Rule As noted above, FMCSA received 20 comments on the interim final rule, with 10 of them coming from individuals raising issues beyond the scope of the rulemaking. The rulemaking focused on one issue: The extension of the compliance date. Comments received about changes to the underlying ELDT rule are beyond the scope of the NPRM and will not be discussed. The remaining comments were from three organizations and seven individuals. The organizations that commented were the Institute for Policy Integrity at the New York University School of Law (IPI), the Commercial Vehicle Training Association (CVTA), and the Oregon Department of Transportation (Oregon). Comment: The IPI comment focuses on the method FMCSA used to monetize the forgone benefits of its interim rule. According to the IPI, FMCSA undervalued the forgone benefits by using an interim social cost of carbon, instead of using the emission reduction benefits included in the ELDT final rule. VerDate Sep<11>2014 16:21 Jun 29, 2021 Jkt 253001 FMCSA Response: This rule accounts for delays in the implementation of the TPR that were not foreseen at the time of the ELDT final rule. The projected disbenefits resulting from the interim rule are not directly comparable to the benefits estimated in the ELDT final rule, as they are to be interpreted relative to a baseline consisting of the ELDT final rule, whereas the benefits presented in the ELDT final rule were relative to a no-action baseline. A direct comparison of the ELDT final rule’s carbon dioxide benefits to the disbenefits of the interim rule is further complicated by the interim rule’s use of the interim social cost of carbon values developed under E.O. 13783. The Agency applied these values in lieu of those used in the ELDT final rule because they were the estimates applicable during the development of the interim final rule. FMCSA notes that if those values were recalculated today, yet a different value would result. FMCSA is not presenting revised calculations as this final rule is not changing the compliance date established by the IFR and showing a different cost would not change that date. Another factor driving the differential is the time frame over which the interim rule is estimated. The Agency did not expect that the cumulative 10-year estimates from the ELDT final rule would be comparable to an interim rule that projects relative impacts resulting from a 2-year delay. Comparing the two annualized estimates may not prove to be informative either, as the ELDT final rule was annualized over 10 years, and this one over 4 (see footnote 2, infra). Comment: The Commercial Vehicle Training Association (CVTA) made several recommendations for FMCSA to increase communication as the new compliance date nears. FMCSA Response: These recommendations will be considered by the Agency. Comment: Oregon welcomed the delay but noted several errors in the regulatory text, found in the headings for subparts E & F of part 380 and in § 384.230. FMCSA Response: FMCSA corrects these errors, as discussed below in the ‘‘Section-by-Section Analysis.’’ Comment: One of the individual commenters explicitly supported the extension, and requested that FMCSA publish a compliance guide on or before the new compliance date so businesses have time to understand training requirements fully. FMCSA Response: While FMCSA was not required to publish small business compliance guides when it published PO 00000 Frm 00029 Fmt 4700 Sfmt 4700 34633 the ELDT final rule (see ELDT final rule, 81 FR 88732, 88787, Dec. 8, 2016), the Agency provided guidance to the public, which can be found at https:// www.fmcsa.dot.gov/registration/ commercial-drivers-license/eldt. FMCSA plans to provide further guidance as the compliance date approaches. Comment: A second commenter stated that the compliance date should not be upheld until the States are fully on board and are compliant. FMCSA Response: FMCSA agrees; the new compliance date should provide States with the time needed to adjust their IT systems to allow them to receive the information that the ELDT final rule requires. Comment: The five remaining individual commenters expressed disappointment with the delay. One of these commenters questioned why FMCSA doesn’t require ‘‘paper registration’’ to allow the rule to come into effect. FMCSA Response: FMCSA did not consider implementing ‘‘paper registration’’ for either training providers or students, as doing so would have increased the cost of the ELDT final rule, and would require approval from OMB, a process which could require further delay of the compliance date. In addition, the ELDT Advisory Committee strongly advised against using paper records due to concerns about fraud. FMCSA believes the electronic transmission of data is more secure, more efficient, and ensures that the required informational elements will be uniformly understood and reported. Comment: Another commenter expressing disappointment noted that schools have taken steps to get ready for the ELDT final rule, including determining how to prove the 80 percent proficiency, creating certificates of training, and changing curriculum. This commenter noted that it is imperative to get the ELDT requirements in place to reap the safety benefits as soon as possible. FMCSA Response: FMCSA agrees that it is important to get the ELDT requirements in place as soon as possible and acknowledges that training providers have been proactive in implementing the ELDT final rule requirements. This activity will be useful when the requirements come into effect in 2022. FMCSA also notes that training schools may voluntarily implement updated ELDT curricula at any time prior to February 7, 2022. Comment: Two commenters questioned what had changed since 2016, when FMCSA stated that the original 3-year compliance date E:\FR\FM\30JNR1.SGM 30JNR1 34634 Federal Register / Vol. 86, No. 123 / Wednesday, June 30, 2021 / Rules and Regulations timeframe would be sufficient for implementation of the ELDT requirements. FMCSA Response: As noted in the interim rule, FMCSA experienced IT development issues, including changes to DOT internal requirements for cloudbased IT systems, which added time to the development process. This delay also impacts the States, as SDLAs cannot implement necessary IT changes until FMCSA completes its IT specifications. jbell on DSKJLSW7X2PROD with RULES VII. Section-by-Section Analysis This final rule affirms the changes made by the interim rule. It also makes non-substantive revisions to correct errors that were discovered after the interim rule published. These affirmed changes and non-substantive revisions are as follows: FMCSA revises the headings for subparts E and F in part 380, to reflect the change in the compliance date for entry-level drivers to obtain the training set forth in subpart F. This change was inadvertently left out of the interim rule, though it was included as an intended change in the section-by-section analysis of that document. The changes to the headings have no impact, however, as the actual regulatory text included the changed dates. FMCSA affirms the revisions to §§ 380.600 and 380.603. FMCSA also revises the heading for subpart G in part 380, which was erroneously left out of the interim rule. Finally, FMCSA is making a technical correction in § 380.707(a) to add a missing word. FMCSA affirms the changes in § 383.71, paragraphs (a)(3), (b)(11), and (e)(5), which changed the individual drivers’ compliance date from February 7, 2020, to February 7, 2022. FMCSA also affirms the changes in § 383.73: In paragraphs (b)(11), (e)(9), and (p), the interim rule changed the States’ compliance date from February 7, 2020, to February 7, 2022; and in paragraphs (b)(3) introductory text, (b)(3)(ii), and (e)(9), FMCSA made clarifying changes. Finally, the Agency affirms the change to the States’ compliance date in §§ 384.230 and 384.301, from February 7, 2020, to February 7, 2022. FMCSA is also making changes to cross references in § 384.230, to account for the changes made in § 383.73. VerDate Sep<11>2014 16:21 Jun 29, 2021 Jkt 253001 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 This final rule is not a significant regulatory action under section 3(f) of E.O. 12866, Regulatory Planning and Review, as supplemented by E.O. 13563 (76 FR 3821, January 21, 2011), and is also not significant within the meaning of DOT regulations (49 CFR 5.13(a)) and does not require an assessment of potential costs and benefits under E.O. 12866. Accordingly, OMB has not reviewed it under that order. Because the interim rule was effective upon publication, the Agency treats the interim rule as the baseline for this analysis. Therefore, this final rule will not result in any incremental impacts relative to that baseline, as it merely finalizes the 2-year extension of the interim rule.1 B. Congressional Review Act This rule is not a major rule as defined under the Congressional Review Act (5 U.S.C. 801, et seq.).2 C. Regulatory Flexibility Act The Regulatory Flexibility Act (RFA) of 1980 (5 U.S.C. 601 et seq.), as amended by the Small Business Regulatory Enforcement Fairness Act of 1996 (Pub. L. 104–121, 110 Stat. 857 (Mar. 29, 1996), note following 5 U.S.C. 601), requires Federal agencies to consider the effects of the regulatory action on small entities, analyze effective alternatives that minimize small entity impacts, and make their analyses available for public comment. 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 1 The full regulatory analyses may be found in the interim rule located in the public docket for this rulemaking (FMCSA–2007–27748–1474). 2 A ‘‘major rule’’ means any rule that the Administrator of the Office of Information and Regulatory Affairs at OMB 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, Federal agencies, State agencies, local government agencies, or geographic regions; 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 (5 U.S.C. 804(2)). PO 00000 Frm 00030 Fmt 4700 Sfmt 4700 mandates that agencies strive to lessen any adverse effects on these businesses. FMCSA is not required to complete a regulatory flexibility analysis because the interim rule was not subject to notice and comment under section 553(b) of the Administrative Procedure Act (5 U.S.C. 553(b)). D. Assistance for Small Entities In accordance with section 213(a) of the Small Business Regulatory Enforcement Fairness Act of 1996, FMCSA wants to assist small entities in understanding this final rule so that they can better evaluate its effects on themselves and participate in the rulemaking initiative. If the final rule will affect your small business, organization, or governmental jurisdiction and you have questions concerning its provisions or options for compliance, please consult the FMCSA point of contact listed in the FOR FURTHER INFORMATION CONTACT section of this final rule. 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. In particular, 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 $100,000,000 in 1995, adjusted for inflation to 2019 levels) or more in any one year. Though this final rule will not result in such an expenditure, the Agency does discuss the effects of this rule in section IX, subsections A. and B., above. F. Paperwork Reduction Act This rule calls for an information collection under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501– E:\FR\FM\30JNR1.SGM 30JNR1 Federal Register / Vol. 86, No. 123 / Wednesday, June 30, 2021 / Rules and Regulations 3520) (PRA). As defined in 5 CFR 1320.3(c), ‘‘collection of information’’ comprises reporting, recordkeeping, monitoring, posting, labeling, and other, similar actions. The 2016 ELDT final rule discussed the changes to the approved collection of information, but did not revise the supporting statement for that collection at that time, because the changes from the final rule would not take effect until after the expiration date of that approved collection (see PRA discussion at 81 FR 88732, 88788). This collection was revised as part of its renewal cycle, and as required by the PRA (44 U.S.C. 3507(d)), and FMCSA submitted its estimate of the burden of the proposal contained in this final rule to OMB for its review of the collection of information renewal. FMCSA published the 60-day notice in the Federal Register on July 3, 2019 (84 FR 31982). FMCSA published the 30-day notice in the Federal Register on April 7, 2020 (85 FR 19570), reflecting the changes made by the interim rule. OMB approved the collection on June 26, 2020 under OMB Control Number 2126– 0028, which expires on June 30, 2023. The information collection may be viewed at www.reginfo.gov/public/do/ PRAMain. Find this information collection by entering OMB control number 2126–0028 in the search bar and clicking on the last entry. jbell on DSKJLSW7X2PROD with RULES 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 determined that this rule 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 rule does not have sufficient federalism implications to warrant the preparation of a Federalism Impact Statement. H. Privacy Section 522 of title I of division H of the Consolidated Appropriations Act, 2005, (Pub. L. 108–447, 118 Stat. 2809, 3268, (Dec. 8, 2004), note following 5 U.S.C. 552a), requires the Agency to conduct a privacy impact assessment of a regulation that will affect the privacy of individuals. The assessment considers impacts of the rule on the privacy of information in an identifiable form and related matters. The FMCSA Privacy Officer has evaluated the risks and effects the rulemaking might have VerDate Sep<11>2014 16:21 Jun 29, 2021 Jkt 253001 on collecting, storing, and sharing personally identifiable information and has evaluated protections and alternative information handling processes in developing the rule to mitigate potential privacy risks. FMCSA determined that this rule does not change the collection of personally identifiable information (PII) as set forth in the 2016 ELDT final rule. The supporting Privacy Impact Analysis, available for review on the DOT website, http://www.transportation.gov/ privacy, gives a full and complete explanation of FMCSA practices for protecting PII in general and specifically in relation to the ELDT final rule, which would also apply to this final rule. As required by the Privacy Act (5 U.S.C. 552a), FMCSA and DOT will publish, with request for comment, a system of records notice (SORN) that will describe FMCSA’s maintenance and electronic transmission of information affected by the requirements of the ELDT final rule that are covered by the Privacy Act. This SORN will be published in the Federal Register not less than 30 days before the Agency is authorized to collect or use PII retrieved by unique identifier. 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 The National Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321 et seq.) requires Federal agencies to integrate environmental values into their decision-making processes by considering the potential environmental impacts of their actions. In accordance with NEPA, FMCSA’s NEPA Order 5610.1 (NEPA Implementing Procedures and Policy for Considering Environmental Impacts), and other applicable requirements, FMCSA prepared an Environmental Assessment (EA) to review the potential impacts of the ELDT final rule. That EA is available for inspection or copying in the Regulations.gov website listed under ADDRESSES. Because this rule only finalizes the interim rule’s delay of the compliance date of the ELDT final rule without any PO 00000 Frm 00031 Fmt 4700 Sfmt 4700 34635 other substantive change to the regulations, FMCSA continues to rely upon the previously published 2016 EA to support this final rule. As noted in that EA, implementation of the ELDT final rule imposed new training standards for certain individuals applying for their CDL, an upgrade of their CDL, or hazardous materials, passenger, or school bus endorsement for their license. FMCSA found that noise, endangered species, cultural resources protected under the National Historic Preservation Act, wetlands, and resources protected under Section 4(f) of the Department of Transportation Act of 1966, 49 U.S.C. 303, as amended by Public Law 109–59, would not be impacted. The impact areas that may be affected and were evaluated in the 2016 EA included air quality, hazardous materials transportation, solid waste, and public safety. Specifically, as outlined in the ELDT final rule RIA, FMCSA anticipated that an increase in driver training would result in improved fuel economy based on changes to driver behavior, such as smoother acceleration and braking practices. Such improved fuel economy is anticipated to result in lower air emissions and improved air quality for gases, including carbon dioxide. For the interim rule, FMCSA estimated the forgone environmental benefits for years 2020 through 2023. As mentioned above, the interim rule temporally shifted the benefits of the 2016 final rule by two years but otherwise retains the overall environmental impacts of the 2016 final rule. This final rule makes no changes that will impact the discussion from the interim rule. List of Subjects 49 CFR Part 380 Administrative practice and procedure, Highway safety, Motor carriers, Reporting and recordkeeping requirements. 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. For the reasons set forth in the preamble, FMCSA adopts as final, the interim final rule amending 49 CFR parts 380, 383, and 384, published February 4, 2020, at 85 FR 6088, with the following changes: E:\FR\FM\30JNR1.SGM 30JNR1 34636 Federal Register / Vol. 86, No. 123 / Wednesday, June 30, 2021 / Rules and Regulations Subpart G—Registry of Entry-Level Driver Training Providers On and After February 7, 2022 PART 380—SPECIAL TRAINING REQUIREMENTS 1. The authority citation for part 380 continues to read as follows: ■ § 380.707 5. In § 380.707, amend the first sentence of paragraph (a) by adding the word ‘‘with’’ after the words ‘‘certify that they will comply’’. Authority: 49 U.S.C. 31133, 31136, 31305, 31307, 31308, and 31502; sec. 4007(a) and (b) of Pub. L. 102–240 (105 Stat. 2151–2152); sec. 32304 of Pub. L. 112–141; and 49 CFR 1.87. ■ 2. Revise the heading for subpart E to read as follows: PART 384—STATE COMPLIANCE WITH COMMERCIAL DRIVER’S LICENSE PROGRAM ■ Subpart E—Entry-Level Driver Training Requirements Before February 7, 2022 3. Revise the heading for subpart F to read as follows: ■ Subpart F—Entry-Level Driver Training Requirements On and After February 7, 2022 4. Revise the heading for subpart G to read as follows: ■ jbell on DSKJLSW7X2PROD with RULES [Amended] VerDate Sep<11>2014 16:21 Jun 29, 2021 Jkt 253001 6. The authority citation for part 380 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; sec. 5401 and 7208 of Pub. L. 114–94, 129 Stat. 1312, 1546, 1593; and 49 CFR 1.87. § 384.230 Entry-level driver certification. (a) Beginning on February 7, 2022, a State must comply with the requirements of § 383.73(b)(11) and (e)(9) of this subchapter to verify that the applicant completed the training prescribed in subpart F of part 380 of this subchapter. * * * * * Issued under the authority of delegation in 49 CFR 1.87. Meera Joshi, Deputy Administrator. [FR Doc. 2021–13893 Filed 6–29–21; 8:45 am] BILLING CODE 4910–EX–P 7. In § 384.230, revise paragraph (a) to read as follows: ■ PO 00000 Frm 00032 Fmt 4700 Sfmt 9990 E:\FR\FM\30JNR1.SGM 30JNR1

Agencies

[Federal Register Volume 86, Number 123 (Wednesday, June 30, 2021)]
[Rules and Regulations]
[Pages 34631-34636]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-13893]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

49 CFR Parts 380, 383, and 384

[Docket No. FMCSA-2007-27748]
RIN 2126-AC25


Extension of Compliance Date for Entry-Level Driver Training

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

ACTION: Final rule.

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SUMMARY: FMCSA finalizes its February 4, 2020 interim final rule 
(interim rule), which revised a December 8, 2016, final rule, ``Minimum 
Training Requirements for Entry-Level Commercial Motor Vehicle 
Operators'' (ELDT final rule). This action finalizes the extension of 
the compliance date for the ELDT final rule from February 7, 2020, to 
February 7, 2022. This action provides FMCSA additional time to 
complete development of the Training Provider Registry (TPR) and 
provides State Driver Licensing Agencies (SDLAs) time to modify their 
information technology (IT) systems and procedures, as necessary, to 
accommodate their receipt of driver-specific ELDT data from the TPR.

DATES: This final rule is effective on July 30, 2021.
    Petitions for Reconsideration of this final rule must be submitted 
to the FMCSA Administrator no later than July 30, 2021.

FOR FURTHER INFORMATION CONTACT: Mr. Joshua Jones, Commercial Driver's 
License Division, FMCSA, 1200 New Jersey Avenue SE, Washington, DC 
20590-0001, (202) 366-7332, [email protected]. If you have questions 
on viewing or submitting material to the docket, contact Dockets 
Operations, (202) 366-9826.

SUPPLEMENTARY INFORMATION: This final rule is organized as follows:

I. Rulemaking Documents
    A. Availability of Rulemaking Documents
    B. Privacy Act
II. Executive Summary
    A. Purpose of the Regulatory Action
    B. Summary of Major Provisions
    C. Costs and Benefits
III. Abbreviations, Acronyms, and Symbols
IV. Legal Basis
V. Regulatory History
    A. 2016 ELDT Final Rule
    B. NPRM To Extend Partially the ELDT Compliance Date
    C. Interim Final Rule
VI. Discussion of Comments and Changes to the Interim Final Rule
VII. Section-by-Section Analysis
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
    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. Rulemaking Documents

A. Availability of Rulemaking Documents

    For access to docket FMCSA-2007-27748 to read background documents 
and comments received, go to https://www.regulations.gov at any time, 
or to Dockets Operations at U.S. Department of Transportation, Room 
W12-140, West Building Ground Floor, 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.

B. Privacy Act

    In accordance with 5 U.S.C. 553(c), DOT solicits comments from the 
public to better inform its rulemaking process. DOT posts these 
comments, without edit, including any personal information the 
commenter provides, to https://www.regulations.gov, as described in the 
system of records notice ``DOT/ALL 14--Federal Docket Management System 
(FDMS),'' which can be reviewed at https://www.transportation.gov/privacy.

II. Executive Summary

A. Purpose of the Regulatory Action

    FMCSA finalizes the extension of the compliance date for the ELDT 
final rule, ``Minimum Training Requirements for Entry-Level Commercial 
Motor Vehicle Operators'' (81 FR 88732, Dec. 8, 2016), from February 7, 
2020, to February 7, 2022. As noted in the interim final rule, this 
extension is necessary so that FMCSA can complete the IT infrastructure 
to support the TPR, which will allow training providers to self-
certify, to request listing on the TPR, and to upload the driver-
specific ELDT completion information to the TPR. Completion of the TPR 
technology platform is also necessary before driver-specific ELDT 
completion information can be transmitted from the TPR to the SDLAs. 
This delay also provides SDLAs with time to make changes, as necessary, 
to their IT systems and internal procedures to allow them to receive 
the driver ELDT completion information transmitted from the TPR.

B. Summary of Major Provisions

    This action finalizes the 2-year extension of the interim final 
rule. The extension applies to all requirements established by the ELDT 
final rule, including:
    1. The date by which training providers must begin uploading 
driver-specific ELDT certification information to the TPR;
    2. The date by which SDLAs must confirm that applicants for a 
commercial driver's license (CDL) have complied with ELDT requirements 
prior to taking a specified knowledge or skills test;
    3. The date by which training providers wishing to provide ELDT 
must be listed on the TPR; and
    4. The date by which drivers seeking a CDL or endorsement must 
complete the required training, as set forth in the ELDT final rule.
    In addition to finalizing this delay, FMCSA is also making 
clarifying and

[[Page 34632]]

conforming changes to the regulations. FMCSA does not make any other 
substantive changes to the requirements established by the ELDT final 
rule, or to the length of the delay established in the interim final 
rule.

C. Costs and Benefits

    In the interim rule, the Agency estimated annualized cost savings 
of $179 million and $196 million at 3 percent and 7 percent discount 
rates, respectively, over a 4-year period from 2020 through 2023. The 
full regulatory analyses may be found in the interim rule located in 
the public docket for this rulemaking (FMCSA-2007-27748-1474). Because 
the interim rule was effective upon publication, the Agency treats the 
interim rule as the baseline for this analysis. Therefore, this final 
rule will not result in any incremental impacts relative to that 
baseline, as it merely finalizes the 2-year extension of the interim 
rule.

III. Abbreviations, Acronyms, and Symbols

AAMVA American Association of Motor Vehicle Administrators
ANPRM Advance Notice of Proposed Rulemaking
BTW Behind the Wheel
CDL Commercial Driver's License
CDLIS Commercial Driver's License Information System
CFR Code of Federal Regulations
CMV Commercial Motor Vehicle
CMVSA Commercial Motor Vehicle Safety Act
DOT U.S. Department of Transportation
ELDT Entry-Level Driver Training
E.O. Executive Order
FMCSA Federal Motor Carrier Safety Administration
FMCSRs Federal Motor Carrier Safety Regulations
FR Federal Register
FRFA Final Regulatory Flexibility Analysis
IT Information Technology
NEPA National Environmental Policy Act of 1969
NPRM Notice of Proposed Rulemaking
OMB Office of Management and Budget
PIA Privacy Impact Assessment
PII Personally Identifiable Information
PRA Paperwork Reduction Act
RIA Regulatory Impact Analysis
RIN Regulation Identifier Number
SDLA State Driver Licensing Agency
SORN Systems of Records Notice
Sec.  Section symbol
TPR Training Provider Registry
U.S.C. United States Code

IV. Legal Basis

    The legal basis of the ELDT final rule, set forth at 81 FR 88738-
88739, also serves as the legal basis for this final rule. A summary of 
the statutory authorities identified in that discussion follows.
    FMCSA's authority to amend the ELDT final rule by extending the 
compliance date, and making other necessary clarifying and conforming 
changes, is derived from several concurrent statutory sources. The 
Motor Carrier Act of 1935, as amended, codified at 49 U.S.C. 31502(b), 
authorizes the Secretary of Transportation (the Secretary) to prescribe 
requirements for the safety of motor carrier operations. The rule also 
relies on the Motor Carrier Safety Act of 1984, as amended, codified at 
49 U.S.C. 31136(a)(1) and (2), requiring the Secretary to establish 
regulations to ensure that CMVs are operated safely, and that 
responsibilities placed on CMV drivers do not impair their ability to 
safely operate CMVs. The rule does not address medical standards for 
drivers or physical effects related to CMV driving (49 U.S.C. 
31136(a)(3) and (4)). The Agency does not anticipate that drivers will 
be coerced as a result of this rule (49 U.S.C. 31136(5)). The 
Commercial Motor Vehicle Safety Act of 1986 (CMVSA), as amended, 
codified in 49 U.S.C. chapter 313, established the CDL program and 
required the Secretary to promulgate implementing regulations, 
including minimum standards for testing and ensuring the fitness of an 
individual operating a commercial motor vehicle (49 U.S.C. 31305(a)). 
The specific statutory provision underlying the ELDT final rule, 
enacted as part of The Moving Ahead for Progress in the 21st Century 
Act and codified at 49 U.S.C. 31305(c), required the Secretary to 
establish minimum entry-level driver training standards for certain 
individuals required to hold a CDL.
    The Administrator of FMCSA is delegated authority under 49 CFR 1.87 
to carry out the functions vested in the Secretary by 49 U.S.C. 
chapters 311, 313, and 315, as they relate to CMV operators, programs, 
and safety.

V. Regulatory History

A. 2016 ELDT Final Rule

    The ELDT final rule established minimum training standards for 
individuals applying for a Class A or Class B CDL for the first time; 
individuals upgrading their CDL to a Class B or Class A; and 
individuals obtaining the following endorsements for the first time: 
Hazardous materials (H), passenger (P), and school bus (S). The ELDT 
final rule also defined curriculum standards for theory and behind-the-
wheel (BTW) instruction for Class A and B CDLs and the P and S 
endorsements, and theory instruction requirements for the H 
endorsement. In addition, the ELDT final rule required that SDLAs 
verify ELDT completion before allowing the applicant to take a skills 
test for a Class A or Class B CDL, or a P or S endorsement; or a 
knowledge test prior to obtaining the H endorsement.
    The ELDT final rule also established the TPR, an online database 
which would allow ELDT providers to electronically register with FMCSA 
and certify that individual driver-trainees completed the required 
training. The rule set forth eligibility requirements for training 
providers to be listed on the TPR, including a certification, under 
penalty of perjury, that their training programs meet those 
requirements. The ELDT final rule, when fully implemented, will require 
training providers to register with the TPR, and thereafter 
electronically upload driver-specific ELDT information to the TPR, 
which FMCSA will then verify before transmitting to the SDLA. The 
process is designed to deliver a finished ``product'' (i.e., verified 
driver-specific ELDT information) to the end user, the SDLA, for their 
review prior to administering the CDL skills test or issuing the CDL 
credential.

B. NPRM To Extend Partially the ELDT Compliance Date

    On July 18, 2019, FMCSA published a notice of proposed rulemaking 
(NPRM) titled ``Partial Extension of Compliance Date for Entry-Level 
Driver Training'' (84 FR 34324). That NPRM proposed delaying, from 
February 7, 2020, to February 7, 2022, two provisions from the ELDT 
final rule published on December 8, 2016 (81 FR 88732): The requirement 
that training providers upload driver-specific training certification 
information to the TPR, and the requirement that SDLAs confirm driver 
applicants are in compliance with the ELDT requirements prior to 
administering a skills test for a Class A or Class B CDL, or a P or S 
endorsement, or prior to administering the knowledge test to obtain the 
H endorsement. In the NPRM, FMCSA explained that the proposed delay was 
necessary to allow both the Agency and SDLAs to complete the requisite 
IT infrastructure to accommodate the two requirements. The NPRM, which 
did not propose extending the compliance date for any other ELDT 
requirement, also proposed several clarifying and conforming changes to 
the ELDT final rule. FMCSA received 56 comments on the NPRM. No public 
meeting was requested and none was held.

C. Interim Final Rule

    On February 4, 2020, FMCSA published in the Federal Register an

[[Page 34633]]

interim final rule titled ``Extension of Compliance Date for Entry-
Level Driver Training'' (85 FR 6088). That interim rule extended the 
compliance date for the ELDT final rule, from February 7, 2020, to 
February 7, 2022. The 2-year extension applied to all requirements 
established by the ELDT final rule, including:
    1. The date by which training providers must begin uploading 
driver-specific ELDT certification information to the TPR;
    2. The date by which SDLAs must confirm that applicants for a CDL 
have complied with ELDT requirements prior to taking a specified 
knowledge or skills test;
    3. The date by which training providers wishing to provide ELDT 
must be listed on the TPR; and
    4. The date by which drivers seeking a CDL or endorsement must 
complete the required training, as set forth in the ELDT final rule.
    In the interim rule, FMCSA cited IT development issues largely 
beyond its control that prevented the Agency from completing the TPR in 
time for the February 7, 2020, compliance date established by the ELDT 
final rule. Accordingly, the partial delay proposed in the NPRM was no 
longer feasible. FMCSA issued the interim rule with an immediate 
effective date, but provided a 45-day comment period. FMCSA received 20 
comments on the interim rule, which are discussed below.

VI. Discussion of Comments and Changes to the Interim Final Rule

    As noted above, FMCSA received 20 comments on the interim final 
rule, with 10 of them coming from individuals raising issues beyond the 
scope of the rulemaking. The rulemaking focused on one issue: The 
extension of the compliance date. Comments received about changes to 
the underlying ELDT rule are beyond the scope of the NPRM and will not 
be discussed. The remaining comments were from three organizations and 
seven individuals. The organizations that commented were the Institute 
for Policy Integrity at the New York University School of Law (IPI), 
the Commercial Vehicle Training Association (CVTA), and the Oregon 
Department of Transportation (Oregon).
    Comment: The IPI comment focuses on the method FMCSA used to 
monetize the forgone benefits of its interim rule. According to the 
IPI, FMCSA undervalued the forgone benefits by using an interim social 
cost of carbon, instead of using the emission reduction benefits 
included in the ELDT final rule.
    FMCSA Response: This rule accounts for delays in the implementation 
of the TPR that were not foreseen at the time of the ELDT final rule. 
The projected disbenefits resulting from the interim rule are not 
directly comparable to the benefits estimated in the ELDT final rule, 
as they are to be interpreted relative to a baseline consisting of the 
ELDT final rule, whereas the benefits presented in the ELDT final rule 
were relative to a no-action baseline.
    A direct comparison of the ELDT final rule's carbon dioxide 
benefits to the disbenefits of the interim rule is further complicated 
by the interim rule's use of the interim social cost of carbon values 
developed under E.O. 13783. The Agency applied these values in lieu of 
those used in the ELDT final rule because they were the estimates 
applicable during the development of the interim final rule. FMCSA 
notes that if those values were recalculated today, yet a different 
value would result. FMCSA is not presenting revised calculations as 
this final rule is not changing the compliance date established by the 
IFR and showing a different cost would not change that date.
    Another factor driving the differential is the time frame over 
which the interim rule is estimated. The Agency did not expect that the 
cumulative 10-year estimates from the ELDT final rule would be 
comparable to an interim rule that projects relative impacts resulting 
from a 2-year delay. Comparing the two annualized estimates may not 
prove to be informative either, as the ELDT final rule was annualized 
over 10 years, and this one over 4 (see footnote 2, infra).
    Comment: The Commercial Vehicle Training Association (CVTA) made 
several recommendations for FMCSA to increase communication as the new 
compliance date nears.
    FMCSA Response: These recommendations will be considered by the 
Agency.
    Comment: Oregon welcomed the delay but noted several errors in the 
regulatory text, found in the headings for subparts E & F of part 380 
and in Sec.  384.230.
    FMCSA Response: FMCSA corrects these errors, as discussed below in 
the ``Section-by-Section Analysis.''
    Comment: One of the individual commenters explicitly supported the 
extension, and requested that FMCSA publish a compliance guide on or 
before the new compliance date so businesses have time to understand 
training requirements fully.
    FMCSA Response: While FMCSA was not required to publish small 
business compliance guides when it published the ELDT final rule (see 
ELDT final rule, 81 FR 88732, 88787, Dec. 8, 2016), the Agency provided 
guidance to the public, which can be found at https://www.fmcsa.dot.gov/registration/commercial-drivers-license/eldt. FMCSA 
plans to provide further guidance as the compliance date approaches.
    Comment: A second commenter stated that the compliance date should 
not be upheld until the States are fully on board and are compliant.
    FMCSA Response: FMCSA agrees; the new compliance date should 
provide States with the time needed to adjust their IT systems to allow 
them to receive the information that the ELDT final rule requires.
    Comment: The five remaining individual commenters expressed 
disappointment with the delay. One of these commenters questioned why 
FMCSA doesn't require ``paper registration'' to allow the rule to come 
into effect.
    FMCSA Response: FMCSA did not consider implementing ``paper 
registration'' for either training providers or students, as doing so 
would have increased the cost of the ELDT final rule, and would require 
approval from OMB, a process which could require further delay of the 
compliance date. In addition, the ELDT Advisory Committee strongly 
advised against using paper records due to concerns about fraud. FMCSA 
believes the electronic transmission of data is more secure, more 
efficient, and ensures that the required informational elements will be 
uniformly understood and reported.
    Comment: Another commenter expressing disappointment noted that 
schools have taken steps to get ready for the ELDT final rule, 
including determining how to prove the 80 percent proficiency, creating 
certificates of training, and changing curriculum. This commenter noted 
that it is imperative to get the ELDT requirements in place to reap the 
safety benefits as soon as possible.
    FMCSA Response: FMCSA agrees that it is important to get the ELDT 
requirements in place as soon as possible and acknowledges that 
training providers have been proactive in implementing the ELDT final 
rule requirements. This activity will be useful when the requirements 
come into effect in 2022. FMCSA also notes that training schools may 
voluntarily implement updated ELDT curricula at any time prior to 
February 7, 2022.
    Comment: Two commenters questioned what had changed since 2016, 
when FMCSA stated that the original 3-year compliance date

[[Page 34634]]

timeframe would be sufficient for implementation of the ELDT 
requirements.
    FMCSA Response: As noted in the interim rule, FMCSA experienced IT 
development issues, including changes to DOT internal requirements for 
cloud-based IT systems, which added time to the development process. 
This delay also impacts the States, as SDLAs cannot implement necessary 
IT changes until FMCSA completes its IT specifications.

VII. Section-by-Section Analysis

    This final rule affirms the changes made by the interim rule. It 
also makes non-substantive revisions to correct errors that were 
discovered after the interim rule published. These affirmed changes and 
non-substantive revisions are as follows:
    FMCSA revises the headings for subparts E and F in part 380, to 
reflect the change in the compliance date for entry-level drivers to 
obtain the training set forth in subpart F. This change was 
inadvertently left out of the interim rule, though it was included as 
an intended change in the section-by-section analysis of that document. 
The changes to the headings have no impact, however, as the actual 
regulatory text included the changed dates. FMCSA affirms the revisions 
to Sec. Sec.  380.600 and 380.603. FMCSA also revises the heading for 
subpart G in part 380, which was erroneously left out of the interim 
rule. Finally, FMCSA is making a technical correction in Sec.  
380.707(a) to add a missing word.
    FMCSA affirms the changes in Sec.  383.71, paragraphs (a)(3), 
(b)(11), and (e)(5), which changed the individual drivers' compliance 
date from February 7, 2020, to February 7, 2022.
    FMCSA also affirms the changes in Sec.  383.73: In paragraphs 
(b)(11), (e)(9), and (p), the interim rule changed the States' 
compliance date from February 7, 2020, to February 7, 2022; and in 
paragraphs (b)(3) introductory text, (b)(3)(ii), and (e)(9), FMCSA made 
clarifying changes.
    Finally, the Agency affirms the change to the States' compliance 
date in Sec. Sec.  384.230 and 384.301, from February 7, 2020, to 
February 7, 2022. FMCSA is also making changes to cross references in 
Sec.  384.230, to account for the changes made in Sec.  383.73.

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

    This final rule is not a significant regulatory action under 
section 3(f) of E.O. 12866, Regulatory Planning and Review, as 
supplemented by E.O. 13563 (76 FR 3821, January 21, 2011), and is also 
not significant within the meaning of DOT regulations (49 CFR 5.13(a)) 
and does not require an assessment of potential costs and benefits 
under E.O. 12866. Accordingly, OMB has not reviewed it under that 
order.
    Because the interim rule was effective upon publication, the Agency 
treats the interim rule as the baseline for this analysis. Therefore, 
this final rule will not result in any incremental impacts relative to 
that baseline, as it merely finalizes the 2-year extension of the 
interim rule.\1\
---------------------------------------------------------------------------

    \1\ The full regulatory analyses may be found in the interim 
rule located in the public docket for this rulemaking (FMCSA-2007-
27748-1474).
---------------------------------------------------------------------------

B. Congressional Review Act

    This rule is not a major rule as defined under the Congressional 
Review Act (5 U.S.C. 801, et seq.).\2\
---------------------------------------------------------------------------

    \2\ A ``major rule'' means any rule that the Administrator of 
the Office of Information and Regulatory Affairs at OMB 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, Federal agencies, State 
agencies, local government agencies, or geographic regions; 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 (5 U.S.C. 804(2)).
---------------------------------------------------------------------------

C. Regulatory Flexibility Act

    The Regulatory Flexibility Act (RFA) of 1980 (5 U.S.C. 601 et 
seq.), as amended by the Small Business Regulatory Enforcement Fairness 
Act of 1996 (Pub. L. 104-121, 110 Stat. 857 (Mar. 29, 1996), note 
following 5 U.S.C. 601), requires Federal agencies to consider the 
effects of the regulatory action on small entities, analyze effective 
alternatives that minimize small entity impacts, and make their 
analyses available for public comment. 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.
    FMCSA is not required to complete a regulatory flexibility analysis 
because the interim rule was not subject to notice and comment under 
section 553(b) of the Administrative Procedure Act (5 U.S.C. 553(b)).

D. Assistance for Small Entities

    In accordance with section 213(a) of the Small Business Regulatory 
Enforcement Fairness Act of 1996, FMCSA wants to assist small entities 
in understanding this final rule so that they can better evaluate its 
effects on themselves and participate in the rulemaking initiative. If 
the final rule will affect your small business, organization, or 
governmental jurisdiction and you have questions concerning its 
provisions or options for compliance, please consult the FMCSA point of 
contact listed in the FOR FURTHER INFORMATION CONTACT section of this 
final rule.
    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. In particular, 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 $100,000,000 in 1995, adjusted for inflation to 
2019 levels) or more in any one year. Though this final rule will not 
result in such an expenditure, the Agency does discuss the effects of 
this rule in section IX, subsections A. and B., above.

F. Paperwork Reduction Act

    This rule calls for an information collection under the Paperwork 
Reduction Act of 1995 (44 U.S.C. 3501-

[[Page 34635]]

3520) (PRA). As defined in 5 CFR 1320.3(c), ``collection of 
information'' comprises reporting, recordkeeping, monitoring, posting, 
labeling, and other, similar actions. The 2016 ELDT final rule 
discussed the changes to the approved collection of information, but 
did not revise the supporting statement for that collection at that 
time, because the changes from the final rule would not take effect 
until after the expiration date of that approved collection (see PRA 
discussion at 81 FR 88732, 88788). This collection was revised as part 
of its renewal cycle, and as required by the PRA (44 U.S.C. 3507(d)), 
and FMCSA submitted its estimate of the burden of the proposal 
contained in this final rule to OMB for its review of the collection of 
information renewal. FMCSA published the 60-day notice in the Federal 
Register on July 3, 2019 (84 FR 31982). FMCSA published the 30-day 
notice in the Federal Register on April 7, 2020 (85 FR 19570), 
reflecting the changes made by the interim rule. OMB approved the 
collection on June 26, 2020 under OMB Control Number 2126-0028, which 
expires on June 30, 2023.
    The information collection may be viewed at www.reginfo.gov/public/do/PRAMain. Find this information collection by entering OMB control 
number 2126-0028 in the search bar and clicking on the last entry.

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 determined that this rule 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 rule does not have 
sufficient federalism implications to warrant the preparation of a 
Federalism Impact Statement.

H. Privacy

    Section 522 of title I of division H of the Consolidated 
Appropriations Act, 2005, (Pub. L. 108-447, 118 Stat. 2809, 3268, (Dec. 
8, 2004), note following 5 U.S.C. 552a), requires the Agency to conduct 
a privacy impact assessment of a regulation that will affect the 
privacy of individuals. The assessment considers impacts of the rule on 
the privacy of information in an identifiable form and related matters. 
The FMCSA Privacy Officer has evaluated the risks and effects the 
rulemaking might have on collecting, storing, and sharing personally 
identifiable information and has evaluated protections and alternative 
information handling processes in developing the rule to mitigate 
potential privacy risks. FMCSA determined that this rule does not 
change the collection of personally identifiable information (PII) as 
set forth in the 2016 ELDT final rule. The supporting Privacy Impact 
Analysis, available for review on the DOT website, http://www.transportation.gov/privacy, gives a full and complete explanation 
of FMCSA practices for protecting PII in general and specifically in 
relation to the ELDT final rule, which would also apply to this final 
rule.
    As required by the Privacy Act (5 U.S.C. 552a), FMCSA and DOT will 
publish, with request for comment, a system of records notice (SORN) 
that will describe FMCSA's maintenance and electronic transmission of 
information affected by the requirements of the ELDT final rule that 
are covered by the Privacy Act. This SORN will be published in the 
Federal Register not less than 30 days before the Agency is authorized 
to collect or use PII retrieved by unique identifier.

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

    The National Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 
4321 et seq.) requires Federal agencies to integrate environmental 
values into their decision-making processes by considering the 
potential environmental impacts of their actions. In accordance with 
NEPA, FMCSA's NEPA Order 5610.1 (NEPA Implementing Procedures and 
Policy for Considering Environmental Impacts), and other applicable 
requirements, FMCSA prepared an Environmental Assessment (EA) to review 
the potential impacts of the ELDT final rule. That EA is available for 
inspection or copying in the Regulations.gov website listed under 
ADDRESSES.
    Because this rule only finalizes the interim rule's delay of the 
compliance date of the ELDT final rule without any other substantive 
change to the regulations, FMCSA continues to rely upon the previously 
published 2016 EA to support this final rule. As noted in that EA, 
implementation of the ELDT final rule imposed new training standards 
for certain individuals applying for their CDL, an upgrade of their 
CDL, or hazardous materials, passenger, or school bus endorsement for 
their license. FMCSA found that noise, endangered species, cultural 
resources protected under the National Historic Preservation Act, 
wetlands, and resources protected under Section 4(f) of the Department 
of Transportation Act of 1966, 49 U.S.C. 303, as amended by Public Law 
109-59, would not be impacted. The impact areas that may be affected 
and were evaluated in the 2016 EA included air quality, hazardous 
materials transportation, solid waste, and public safety. Specifically, 
as outlined in the ELDT final rule RIA, FMCSA anticipated that an 
increase in driver training would result in improved fuel economy based 
on changes to driver behavior, such as smoother acceleration and 
braking practices. Such improved fuel economy is anticipated to result 
in lower air emissions and improved air quality for gases, including 
carbon dioxide. For the interim rule, FMCSA estimated the forgone 
environmental benefits for years 2020 through 2023. As mentioned above, 
the interim rule temporally shifted the benefits of the 2016 final rule 
by two years but otherwise retains the overall environmental impacts of 
the 2016 final rule. This final rule makes no changes that will impact 
the discussion from the interim rule.

List of Subjects

49 CFR Part 380

    Administrative practice and procedure, Highway safety, Motor 
carriers, Reporting and recordkeeping requirements.

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.

    For the reasons set forth in the preamble, FMCSA adopts as final, 
the interim final rule amending 49 CFR parts 380, 383, and 384, 
published February 4, 2020, at 85 FR 6088, with the following changes:

[[Page 34636]]

PART 380--SPECIAL TRAINING REQUIREMENTS

0
1. The authority citation for part 380 continues to read as follows:

    Authority:  49 U.S.C. 31133, 31136, 31305, 31307, 31308, and 
31502; sec. 4007(a) and (b) of Pub. L. 102-240 (105 Stat. 2151-
2152); sec. 32304 of Pub. L. 112-141; and 49 CFR 1.87.


0
2. Revise the heading for subpart E to read as follows:

Subpart E--Entry-Level Driver Training Requirements Before February 
7, 2022

0
3. Revise the heading for subpart F to read as follows:

Subpart F--Entry-Level Driver Training Requirements On and After 
February 7, 2022

0
4. Revise the heading for subpart G to read as follows:

Subpart G--Registry of Entry-Level Driver Training Providers On and 
After February 7, 2022


Sec.  380.707  [Amended]

0
5. In Sec.  380.707, amend the first sentence of paragraph (a) by 
adding the word ``with'' after the words ``certify that they will 
comply''.

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

0
6. The authority citation for part 380 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; sec. 5401 and 7208 of Pub. L. 114-
94, 129 Stat. 1312, 1546, 1593; and 49 CFR 1.87.


0
7. In Sec.  384.230, revise paragraph (a) to read as follows:


Sec.  384.230  Entry-level driver certification.

    (a) Beginning on February 7, 2022, a State must comply with the 
requirements of Sec.  383.73(b)(11) and (e)(9) of this subchapter to 
verify that the applicant completed the training prescribed in subpart 
F of part 380 of this subchapter.
* * * * *

    Issued under the authority of delegation in 49 CFR 1.87.
Meera Joshi,
Deputy Administrator.
[FR Doc. 2021-13893 Filed 6-29-21; 8:45 am]
BILLING CODE 4910-EX-P