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Federal Register / Vol. 86, No. 117 / Tuesday, June 22, 2021 / Rules and Regulations
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B. Comments and Responses FMCSA provided a period of 30 days ending May 24, 2021, for public comment regarding its intentions to finalize the compliance dates for the regulations listed above. FMCSA
specifically sought input on whether the 3-year period for SDLA implementation is appropriate, or could even be reduced. In the SNPRM, the Agency stated its intention to publish the necessary final rule with the extended compliance dates as soon as feasible.
FMCSA received six comments on the SNPRM from the following parties: One anonymous individual; Mr. Dave Gray who self-identified as the Past President of North American Transportation Services Association;
the American Association of Motor Vehicle Administrators AAMVA; the American Trucking Associations ATA;
the National Transportation Safety Board NTSB; and the Owner-Operator Independent Drivers Association OOIDA.
Timeline. Most of the commenters discussed the timeline for implementation in their comments to the SNPRM. ATA accepted that there would be a delay, stating it was inevitable.
NTSB acknowledged that some delay was necessary, but said that the Agency should focus resources to implement the full system by at the latest . . . June 22, 2023.
AAMVA supported the modified timeline and stated they would need more time to implement, listing activities and contracting concerns that would require at least 12 months from contract start. AAMVA also said that the time needed to make changes to the CDLIS record and history record messages should be considered.
Response. FMCSA continues to believe that the delay is needed. It will provide the Agency time to complete the development of the National Registry replacement IT system, work with AAMVA and the SDLAs on the development of the interface to enable the electronic exchange of drivers medical certificate information, and to establish that everything functions correctly. FMCSA is fully committed to dedicating resources to completing implementation of all remaining elements of the 2015 final rule as quickly as possible.
FMCSA will continue to drive the effort, in consultation with AAMVA, to develop a system that is suitable to process the electronic transfer of certification results to the SDLAs, while focusing on the deadline. FMCSA will work with SDLAs that want to use the
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information exchange prior to the 2025
date. The Agency will likely utilize consultations with the CDLIS Working Group to identify the SDLAs that have such an interest.
Mr. Gray recommends in his comment that FMCSA establish an interim step to implement the transmission of medical certification information to the SDLAs. As explained above in the response to the comments from AAMVA, FMCSA will work with any SDLAs that want to implement the information exchange prior to the 2025
compliance date, if it is feasible to do so.
Communication. Several commenters, including ATA and OOIDA, asked for better communication and information from the Agency regarding future policy changes. ATA specifically requested that FMCSA notify SDLAs that they may implement the changes ahead of the deadline. AAMVA listed activities that it had concerns or questions about, and requested confirmation that the work their organization has done with FMCSA will be utilized.
Response. FMCSA will continue to provide guidance and updates available to SDLAs via bi-monthly CDL
roundtable meetings. FMCSA also plans to increase communication upon the issuance of this rule by providing regular updates on the National Registry website regarding the rebuild of the National Registry and implementation of any interim electronic transmission of examination results to the SDLAs.
Additionally, FMCSA plans to coordinate and work closely with AAMVA and its members to allay their concerns.
FMCSA assures AAMVA and its members that the past work will be the basis for the ongoing effort and that communication will be open. FMCSA
plans to utilize the specifications previously developed, with input from AAMVA, to the fullest extent possible in the National Registry rebuild effort.
FMCSA agrees with ATAs comment and will ensure that SDLAs are aware that they may begin compliance voluntarily before the deadline with support of the Agency.
Safety. NTSB stated that the delay was negatively impacting safety, based on the fact that crashes they have investigated have been linked to medical issues.
Response. FMCSA assures NTSB that safety remains the Agencys primary focus. FMCSA emphasizes that this delay is primarily to allow the implementation with the SDLAs in the electronic transmission processes that will be available with the development and implementation of the robust
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National Registry system. The medical standards under 49 CFR part 391 for drivers are still required, and the Medical Examiners continue to examine and qualify or disqualify drivers, as appropriate. Though the full implementation of the rule will automate some data entry by the SDLAs that is currently manual, and will therefore minimize resources and make the process smoother, the system will still require the same medical qualifications for all commercial drivers. Prevention of fraud is an underlying purpose of the National Registry system, as modified by the 2015 final rule, which will be fully implemented as soon as possible.
The anonymous commenter suggested that A driver who does not pass a DOT
physical . . . should have all remaining time on his/her current medical card be made invalid. The issue raised by this comment was covered in the final rule adopted in 2015. The regulations in 49
CFR 391.41g3 and 391.45g state that, if a driver is found not to be physically qualified upon examination by an ME, that determination is reported to FMCSA and any existing and unexpired certificates held by the driver are no longer valid. Such a determination, for CDL and CLP license holders, would then have to be electronically transmitted to the appropriate SDLA by FMCSA for action to indicate on the driver record that the driver is not certified and begin the license downgrade process under 49
CFR part 383. Because the IT
infrastructure was, and is still, unavailable, these two provisions were among the many whose implementation was postponed from 2018 to 2021.
These provisions are again postponed by this final rule.
Clarifications. AAMVA requested that FMCSA confirm that CDLIS/AAMVAnet should be used for transmission.
AAMVA also requested confirmation that no additional medical information needs to be posted to CDLIS.
Response. FMCSA confirms that it did not intend to introduce new substantive proposals in the SNPRM, as this proposal was intended only to delay the compliance date, and not to modify the April 23, 2015 Medical Examiners Certification Integration final rule.
FMCSA will work with AAMVA to make the delay as seamless as possible for SDLAs. FMCSA does note that AAMVA indicates in its comments that it is changing or replacing some of the systems that it previously contemplated using to perform the information exchange with FMCSA. These actions may inhibit FMCSAs ability to utilize
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