Quiero saber acerca de...

lotter on DSK11XQN23PROD with RULES1

Federal Register / Vol. 86, No. 192 / Thursday, October 7, 2021 / Rules and Regulations once FMCSA makes the technical specifications available.24
Comments: State responses to this question varied, ranging from 18 months to 4 years following FMCSAs development of technical specifications.
The Virginia DMV also pointed out that simultaneous implementation of the electronic initiatives associated with the National Registry of Certified Medical Examiners NRCME, the Training Provider Registry TPR, and the Clearinghouse, would place an intolerable burden on the SDLAs. State commenters also noted the need to obtain State legislative authority to take licensing actions based on Clearinghouse information. AAMVA
explained that the time frame needs to account for legislative changes that may span multiple sessions, or be applicable to State legislatures that do not meet annually.
FMCSA Response: FMCSA concludes that, in order to achieve full implementation of the State requirements set forth in the final rule, a 3-year compliance date is necessary.
The Agency believes a 3-year period allows FMCSA sufficient time to develop the technical specifications States will need to modify their IT
systems, and for States to implement those system changes. This time frame will also accommodate the SDLAs need to obtain necessary legislative and fiscal authority from their respective States. In response to the Virginia DMVs concern about the intolerable burden of simultaneously implementing this final rule, along with the TPR and NRCME
initiatives, FMCSA notes that implementation of the TPR and other provisions of the Entry-Level Driver Training final rule is on schedule to meet the compliance date of February 7, 2022. FMCSA recently extended the date by which States must comply with the medical examiners certification integration requirements, from June 22, 2021 to June 23, 2025. FMCSA is committed to providing States with the technical specifications underlying both the NRCME and DACH initiatives as soon as possible, so that States will have ample time complete the necessary modifications to their IT systems. As noted above, in accordance with 49 CFR
350.303b, FMCSA also adopts a 3-year compliance date for the requirements in 49 CFR 390.3, 390.3T, and 392.15 as set forth in this final rule.
24 As noted in the NPRM, the current compliance date of January 6, 2023, which applies to the States query requirements set forth in 49 CFR 382,725a and 383.73, will be replaced by the date established by the final rule.

VerDate Sep<11>2014

16:21 Oct 06, 2021

Jkt 256001

Costs In the NPRM, FMCSA estimated cost impacts of the proposal, including CLP/
CDL reinstatement costs and opportunity costs for drivers whose licenses are downgraded, opportunity costs for carriers that employ downgraded drivers, and SDLA costs related to IT modifications. In estimating SDLA costs, the Agency included IT system development and annual expenses for operations and maintenance for each proposed method of electronic transmission, as well as each of the proposed regulatory alternatives downgrade; optional notice of prohibited status. FMCSA requested comment on the estimated costs and asked whether there are other costs to SDLAs that the Agency should consider.
Comments: State commenters identified various cost impacts not addressed in the NPRM, including:
processing driver reinstatements, notifying drivers of a pending downgrade, training SDLA personnel, updating training materials, hiring additional personnel to process the downgrade and respond to customer questions and complaints, and updating SDLA websites to provide links and other information about the impact of the final rule on State licensing processes. AAMVA noted that even with reliance on existing downgrade procedures, the cost associated with ongoing record maintenance and fulfilling the additional volume of data transactions on the record represent additional labor hours, IT resources, and systems testing, and provided qualitative cost information for each of the proposed methods for electronic transmission. In addition, AAMVA
indicated CDLIS system modifications would be necessary. As noted above, FMCSA did not receive comments specifically addressing the estimated costs to drivers and motor carriers.
FMCSA Response: FMCSA
acknowledges the information that AAMVA and SDLAs provided concerning costs not accounted for in the NPRM; we considered these comments when revising the cost estimates for the final rule. The Agency notes that State-based due process requirements, such as notice, already exist, and are therefore not imposed by this final rule. For example, the rule does not require that States notify drivers of an impending downgrade.
Therefore, to the extent a State incurs notification costs, they derive directly from State-based requirements. As discussed above, FMCSA intends to notify drivers of the downgrade requirement when informing them that
PO 00000

Frm 00047

Fmt 4700

Sfmt 4700

55731

a drug or alcohol violation has been reported to the Clearinghouse. FMCSA
agrees that States will likely need to train their employees on any new process and procedures related to the final rule. FMCSA assumes this will occur as part of routine training related to periodic changes in statutory or regulatory requirements, and therefore does not estimate a separate training cost in this rule. FMCSA agrees that States will incur costs for customer service inquiries and for initial IT
development, and ongoing operations and maintenance, in order to comply with this rule. In Section XI., the Agency explains the assumptions used to determine cost impacts of the final rule on SDLAs. FMCSA acknowledges that AAMVA may need to make updates to CDLIS in order to transmit additional data elements on the driver record and incorporated a cost for CDLIS updates in Section XI.
Comments Outside the Scope of the NPRM
An individual commenter suggested increased oversight on the substance abuse professionals who administer RTD requirements. Another individual, noting that motor carrier employers must pay a fee to access Clearinghouse information, recommended that FMCSA
also charge the States a fee for their use of the Clearinghouse. One commenter thought the current regulations are too harsh and suggested that drivers who fail a drug test for the first time should have the violation removed from their record if no further program violations occur within one year. The NSTA, noting increased delays in CLP and CDL
issuance due to COVID-related backlogs, suggested that FMCSA consider the merits of a School Bus Only CDL as a means of ensuring qualified drivers.
The Trucking Alliance proposed that FMCSA amend the definition of actual knowledge in 49 CFR 382.107, to include the employers knowledge of a drivers positive hair test result. Several entities, including the Alliance, TCA, and the ATA, supported some form of employer notification of a drivers prohibited status, or a change in the drivers licensing status. The ATA and TCA proposed that FMCSA expand the 30-day lookback provision, currently applicable only to pre-employment queries, to annual queries as well.
FMCSA Response: With the exception of minor conforming changes, the NPRM did not propose changes to FMCSAs drug and alcohol program, or to the operation of the Clearinghouse vis-a-vis employers. The comments summarized above are, therefore, outside the scope of the proposed rule,
E:FRFM07OCR1.SGM

07OCR1