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Federal Register / Vol. 86, No. 127 / Wednesday, July 7, 2021 / Rules and Regulations
Act: A Legacy for Users SAFETEALU
Pub. L. 10959, 119 Stat. 1144, Aug. 10, 2005; the SAFETEALU Technical Corrections Act of 2008 Pub. L. 110
244, 122 Stat. 1572, June 6, 2008; the Moving Ahead for Progress in the 21st Century Act MAP21 Pub. L. 112
141, 126 Stat. 405, July 6, 2012; and the Fixing Americas Surface Transportation Act Pub. L. 11494, 129 Stat. 1312, Dec.
4, 2015.
The specific regulations amended by this rule are based on the statutes detailed above. Generally, the legal authority for each of those provisions was explained when the requirement was originally adopted and is noted at the beginning of each part in title 49 of the Code of Federal Regulations.
The Administrative Procedure Act APA specifically provides exceptions to its notice and comment rulemaking procedures when an agency finds there is good cause to dispense with them, and incorporates the finding, and a brief statement of reasons therefore, in the rules issued 5 U.S.C. 553b3B.
Good cause exists when an agency determines that notice and public comment procedures are impractical, unnecessary, or contrary to the public interest. The amendments made in this final rule primarily correct inadvertent errors and omissions, remove or update obsolete references, and make minor language changes to improve clarity and consistency. Some changes are statutorily mandated or relate to previous changes that were statutorily mandated. In accommodating those changes, the Agency is performing nondiscretionary, ministerial acts. Other changes merely align regulatory requirements with the underlying statutory authority. The technical amendments do not impose any material new requirements or increase compliance obligations. In addition, the amendments removing the word onsite from the definitions of Compliance review and Roadability review in 385.3
recognize the technological advances that allow FMCSA to perform the same investigative functions remotely in some cases that it could perform previously only by in-person reviews of the motor carriers files. The regulatory standards are not changing as a result of this minor procedural adjustment. Moreover, the APA provides an additional exception to its notice and comment rulemaking procedures for rules of agency organization, procedure, or practice 5 U.S.C. 553b3A. For these reasons, FMCSA finds good cause that notice and public comment on this final rule are unnecessary.
The amendment adding a separation of functions provision in new 385.21

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also concerns the APA exception for rules of agency organization, procedure, or practice. The amendment is, therefore, excepted from the notice and public comment requirements.
The APA also allows agencies to make rules effective immediately with good cause 5 U.S.C. 553d3, instead of requiring publication 30 days prior to the effective date. For the reasons already stated, FMCSA finds there is good cause for this rule to be effective immediately, except as noted in amendatory instruction 31, concerning the revised Medical Examination Report Form, MCSA5875, in 391.43f.
The Agency is aware of the regulatory requirements concerning public participation in FMCSA rulemaking 49
U.S.C. 31136g. These requirements pertain to certain major rules,1 but, because this final rule is not a major rule, they are not applicable.
II. Section-by-Section Analysis This section-by-section analysis describes the changes to the regulatory text in numerical order.
A. Section 381.110 What definitions are applicable to this part?
FMCSA adds parts 380 and 384 to the definition of FMCSRs in 381.110.
Through this amendment, in conjunction with the following amendments to 381.200, 381.300, and 381.400, FMCSA adds parts 380 and 384
to the list of parts and sections of the FMCSRs from which, pursuant to part 381, FMCSA may grant a waiver, an exemption, or an exemption for a pilot program. This change is in accordance with 49 U.S.C. 31136e and 49 U.S.C.
31315a, b, and c, which provide for waivers and exemptions from regulations prescribed under 49 U.S.C.
31136 and chapter 313, and for pilot programs, respectively. As all regulations set forth in parts 380 and 384 were promulgated under that authority, this change merely aligns the regulatory requirements in part 381 with the authority set forth in those statutes.
FMCSA also changes the punctuation for the list in the parenthetical text.
1 A major rule means any rule that the Administrator of the Office of Information and Regulatory Affairs of 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, 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 foreignbased enterprises in domestic and export markets 5 U.S.C. 8042.

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B. Section 381.200 What is a waiver?
In 381.200d, FMCSA adds parts 380 and 384 to the FMCSRs from which entities and individuals can request waivers pursuant to part 381, subpart B.
This change is authorized as stated above in section II.A.
C. Section 381.300 What is an exemption?
In 381.300c, FMCSA adds parts 380 and 384 to the FMCSRs from which entities and individuals can request exemptions pursuant to part 381, subpart C. This change is authorized as stated above in section II.A.
D. Section 381.400 What is a pilot program?
In 381.400f, FMCSA adds parts 380
and 384 to the FMCSRs from which entities and individuals can request exemptions for pilot programs pursuant to part 381, subpart D. This change is authorized as stated above in section II.A.
E. Section 382.103 Applicability In 382.103d1, FMCSA adds the word only after comply to clarify that drivers who perform only Federal Transit Administration FTA-regulated safety-sensitive functions are exempt from part 382, as are their employers. By contrast, FTA-regulated entities that employ drivers who also perform FMCSA-regulated safety-sensitive functions must comply with the relevant testing requirements of part 382. FMCSA makes this change, which reflects the purpose and intent of 382.103d1, as stated above, to improve clarity.
F. Section 382.121 Employee Admission of Alcohol and Controlled Substances Use FMCSA inserts non-DOT before return to duty in paragraphs b4i and ii of 382.121. Paragraph a provides that employees who self-admit alcohol misuse or controlled substances use to their employers are not subject to obtaining referral, evaluation, and treatment under parts 382 and 40. The changes in paragraph b4 clarify that the return to duty RTD testing referenced is not the DOT testing required under parts 382 and 40. This clarification is intended to remind employers that, consistent with the purpose of this section, results of nonDOT RTD tests conducted in accordance with paragraph b4 should not be reported to the Commercial Drivers License Drug and Alcohol Clearinghouse Clearinghouse, an electronic database that contains driverspecific drug and alcohol program
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