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Federal Register / Vol. 86, No. 117 / Tuesday, June 22, 2021 / Rules and Regulations processes previously developed for such exchange through AAMVANet.
VI. Good Cause Considerations Under the Administrative Procedure Act, upon a finding of good cause, the Agency may provide for a final rule to become effective less than 30 days after publication in the Federal Register 5
U.S.C. 553d3. The necessary IT
infrastructure to enable stakeholders to comply with the regulatory provisions involved will not be available on June 21, 2021. Under these circumstances, and in order to clarify the applicable regulatory requirements in a timely manner, FMCSA finds that there is good cause to issue this final rule with an immediate effective date. The time for comments ended on May 24, 2021.
There remains insufficient time to prepare and publish this final rule to permit an effective date 30 days after publication. Therefore, the Agency makes this final rule effective immediately upon publication in the Federal Register.
VII. 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.
VIII. Changes From the SNPRM
FMCSA moves forward with a final rule as proposed in the SNPRM, with no modifications.
IX. 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
modifies the compliance dates as stated in Table 1. FMCSA does not make any other changes in this final rule.

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X. 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 final rule 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 DOTs regulatory policies and procedures. The Office of Information and Regulatory Affairs OIRA
determined that this final rule is not a
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significant regulatory action under section 3f of E.O. 12866, as supplemented by E.O. 13563, and does not require an assessment of potential costs and benefits under section 6a3
of that Order. Accordingly, OMB has not reviewed it under these Orders.
The Medical Examiners 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 final rule delays 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 compliance date of June 22, 2021
would not be realized on that date.
Therefore, the baseline against which to evaluate the impacts of this final rule 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.

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B. Congressional Review Act Pursuant to the Congressional Review Act 5 U.S.C. 801808, OIRA
designated this rule as not a major rule. 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.
6016. 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 considers all of the 76,396
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 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 foreignbased enterprises in domestic and export markets 49 CFR 389.3.
4 Public Law 104121, 110 Stat. 857, Mar. 29, 1996.
5 76,396 certified MEs were listed on the National Registry as of April 27, 2021.

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