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Federal Register / Vol. 86, No. 117 / Tuesday, June 22, 2021 / Rules and Regulations
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II. Executive Summary FMCSA adjusts the compliance date from June 22, 2021, to June 23, 2025, for several provisions in the Medical Examiners Certification Integration final rule 80 FR 22790, Apr. 23, 2015.
Specifically, the Agency postpones 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 learners permits CLPs or commercial drivers 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 Drivers 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/
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 final rule specifies that FMCSA now amends again the regulations adopted in the 2015 final rule and amended in the IFR to include a compliance date, generally, of June 23, 2025.

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III. Legal Basis for the Rulemaking The legal basis of the 2015 final rule, set out at 80 FR 2279122792, 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 nonexcepted industries 49 U.S.C.
31136a3 and 31502b. Subject to certain limited exceptions,1 FMCSA has fulfilled the statutory mandate by 1 See
49 CFR 390.3f and 391.2.

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establishing physical qualification standards for all drivers covered by these provisions 49 CFR 391.11b4.
Such drivers must obtain, from an ME, a certification indicating that the driver is physically qualified to drive a CMV
49 CFR 391.41a, 391.43g 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.
31136a4.

frequent and more inclusive reports.2 In addition to the general rulemaking authority in 49 U.S.C. 31136a, the Secretary of Transportation is specifically authorized by section 31149e to issue such regulations as may be necessary to carry out this section.
Authority to implement these various statutory provisions has been delegated to the Administrator of FMCSA 49 CFR
1.87f.

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.

IV. Background
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. 104b, each State must comply with the requirement in 49
U.S.C. 31311a1 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. 31305a see also 49 CFR
384.201.
C. Authority To Require Reporting by MEs FMCSA has authority under 49 U.S.C.
31133a8 and 31149c1E 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 31133a8 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. 98424 at 9
May 2, 1984. Section 31149c1E
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 31149c1E sets minimum monthly reporting requirements for MEs and does not preclude the exercise by the Agency of its broad authority under section 31133a8 to require more
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This final rule follows an SNPRM
published on April 22, 2021 86 FR
21259. The SNPRM relied upon the history of the regulations that FMCSA
adopted in 2015 and the developments leading to the 2018 interim final rule 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 system. Among those challenges was an unsuccessful attempt by an intruder to compromise the National Registry 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, resulting in the postponement of the compliance date by the 2018 IFR.
Since the 2018 IFRs publication, additional setbacks in FMCSAs efforts to launch a National Registry replacement system require an additional delay. The Agency attempted to launch the first stage of a replacement system in May 2019 but the systems performance capabilities fell short of those 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 a replacement system by early 2022. The work includes delivery of technical specifications to the SDLAs for use in implementing changes to their respective systems.
FMCSA anticipates that the SDLAs will need up to 3 years following the completion and release of the new National Registry system and its technical specifications to develop and implement those changes. This was the 2 The provisions of section 31149c1E have been amended by section 32302c1A of Moving Ahead for Progress in the 21st Century, Public Law 112141, 126 Stat. 405 July 6, 2012.

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