Extension of Compliance Date for Entry-Level Driver Training

Extension of Compliance Date for Entry-Level Driver Training

Extension of Compliance Date for Entry-Level Driver Training

Meera Joshi
Federal Motor Carrier Safety Administration
30 June 2021

[Federal Register Volume 86, Number 123 (Wednesday, June 30, 2021)]
[Rules and Regulations]
[Pages 34631-34636]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-13893]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

49 CFR Parts 380, 383, and 384

[Docket No. FMCSA-2007-27748]
RIN 2126-AC25

Extension of Compliance Date for Entry-Level Driver Training

AGENCY: Federal Motor Carrier Safety Administration (FMCSA), Department
of Transportation (DOT).

ACTION: Final rule.

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SUMMARY: FMCSA finalizes its February 4, 2020 interim final rule
(interim rule), which revised a December 8, 2016, final rule, ``Minimum
Training Requirements for Entry-Level Commercial Motor Vehicle
Operators'' (ELDT final rule). This action finalizes the extension of
the compliance date for the ELDT final rule from February 7, 2020, to
February 7, 2022. This action provides FMCSA additional time to
complete development of the Training Provider Registry (TPR) and
provides State Driver Licensing Agencies (SDLAs) time to modify their
information technology (IT) systems and procedures, as necessary, to
accommodate their receipt of driver-specific ELDT data from the TPR.

DATES: This final rule is effective on July 30, 2021.
Petitions for Reconsideration of this final rule must be submitted
to the FMCSA Administrator no later than July 30, 2021.

FOR FURTHER INFORMATION CONTACT: Mr. Joshua Jones, Commercial Driver's
License Division, FMCSA, 1200 New Jersey Avenue SE, Washington, DC
20590-0001, (202) 366-7332, Joshua.Jones@dot.gov. If you have questions
on viewing or submitting material to the docket, contact Dockets
Operations, (202) 366-9826.

SUPPLEMENTARY INFORMATION: This final rule is organized as follows:

I. Rulemaking Documents
A. Availability of Rulemaking Documents
B. Privacy Act
II. Executive Summary
A. Purpose of the Regulatory Action
B. Summary of Major Provisions
C. Costs and Benefits
III. Abbreviations, Acronyms, and Symbols
IV. Legal Basis
V. Regulatory History
A. 2016 ELDT Final Rule
B. NPRM To Extend Partially the ELDT Compliance Date
C. Interim Final Rule
VI. Discussion of Comments and Changes to the Interim Final Rule
VII. Section-by-Section Analysis
VIII. 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
B. Congressional Review Act
C. Regulatory Flexibility Act
D. Assistance for Small Entities
E. Unfunded Mandates Reform Act of 1995
F. Paperwork Reduction Act
G. E.O. 13132 (Federalism)
H. Privacy
I. E.O. 13175 (Indian Tribal Governments)
J. National Environmental Policy Act of 1969

I. Rulemaking Documents

A. Availability of Rulemaking Documents

For access to docket FMCSA-2007-27748 to read background documents
and comments received, go to https://www.regulations.gov at any time,
or to Dockets Operations at U.S. Department of Transportation, Room
W12-140, West Building Ground Floor, 1200 New Jersey Avenue SE,
Washington, DC 20590-0001, between 9 a.m. and 5 p.m., Monday through
Friday, except Federal holidays. To be sure someone is there to help
you, please call (202) 366-9317 or (202) 366-9826 before visiting
Dockets Operations.

B. Privacy Act

In accordance with 5 U.S.C. 553(c), DOT solicits comments from the
public to better inform its rulemaking process. DOT posts these
comments, without edit, including any personal information the
commenter provides, to https://www.regulations.gov, as described in the
system of records notice ``DOT/ALL 14--Federal Docket Management System
(FDMS),'' which can be reviewed at https://www.transportation.gov/privacy.

II. Executive Summary

A. Purpose of the Regulatory Action

FMCSA finalizes the extension of the compliance date for the ELDT
final rule, ``Minimum Training Requirements for Entry-Level Commercial
Motor Vehicle Operators'' (81 FR 88732, Dec. 8, 2016), from February 7,
2020, to February 7, 2022. As noted in the interim final rule, this
extension is necessary so that FMCSA can complete the IT infrastructure
to support the TPR, which will allow training providers to self-
certify, to request listing on the TPR, and to upload the driver-
specific ELDT completion information to the TPR. Completion of the TPR
technology platform is also necessary before driver-specific ELDT
completion information can be transmitted from the TPR to the SDLAs.
This delay also provides SDLAs with time to make changes, as necessary,
to their IT systems and internal procedures to allow them to receive
the driver ELDT completion information transmitted from the TPR.

B. Summary of Major Provisions

This action finalizes the 2-year extension of the interim final
rule. The extension applies to all requirements established by the ELDT
final rule, including:
1. The date by which training providers must begin uploading
driver-specific ELDT certification information to the TPR;
2. The date by which SDLAs must confirm that applicants for a
commercial driver's license (CDL) have complied with ELDT requirements
prior to taking a specified knowledge or skills test;
3. The date by which training providers wishing to provide ELDT
must be listed on the TPR; and
4. The date by which drivers seeking a CDL or endorsement must
complete the required training, as set forth in the ELDT final rule.
In addition to finalizing this delay, FMCSA is also making
clarifying and

[[Page 34632]]

conforming changes to the regulations. FMCSA does not make any other
substantive changes to the requirements established by the ELDT final
rule, or to the length of the delay established in the interim final
rule.

C. Costs and Benefits

In the interim rule, the Agency estimated annualized cost savings
of $179 million and $196 million at 3 percent and 7 percent discount
rates, respectively, over a 4-year period from 2020 through 2023. The
full regulatory analyses may be found in the interim rule located in
the public docket for this rulemaking (FMCSA-2007-27748-1474). Because
the interim rule was effective upon publication, the Agency treats the
interim rule as the baseline for this analysis. Therefore, this final
rule will not result in any incremental impacts relative to that
baseline, as it merely finalizes the 2-year extension of the interim
rule.

III. Abbreviations, Acronyms, and Symbols

AAMVA American Association of Motor Vehicle Administrators
ANPRM Advance Notice of Proposed Rulemaking
BTW Behind the Wheel
CDL Commercial Driver's License
CDLIS Commercial Driver's License Information System
CFR Code of Federal Regulations
CMV Commercial Motor Vehicle
CMVSA Commercial Motor Vehicle Safety Act
DOT U.S. Department of Transportation
ELDT Entry-Level Driver Training
E.O. Executive Order
FMCSA Federal Motor Carrier Safety Administration
FMCSRs Federal Motor Carrier Safety Regulations
FR Federal Register
FRFA Final Regulatory Flexibility Analysis
IT Information Technology
NEPA National Environmental Policy Act of 1969
NPRM Notice of Proposed Rulemaking
OMB Office of Management and Budget
PIA Privacy Impact Assessment
PII Personally Identifiable Information
PRA Paperwork Reduction Act
RIA Regulatory Impact Analysis
RIN Regulation Identifier Number
SDLA State Driver Licensing Agency
SORN Systems of Records Notice
Sec. Section symbol
TPR Training Provider Registry
U.S.C. United States Code

IV. Legal Basis

The legal basis of the ELDT final rule, set forth at 81 FR 88738-
88739, also serves as the legal basis for this final rule. A summary of
the statutory authorities identified in that discussion follows.
FMCSA's authority to amend the ELDT final rule by extending the
compliance date, and making other necessary clarifying and conforming
changes, is derived from several concurrent statutory sources. The
Motor Carrier Act of 1935, as amended, codified at 49 U.S.C. 31502(b),
authorizes the Secretary of Transportation (the Secretary) to prescribe
requirements for the safety of motor carrier operations. The rule also
relies on the Motor Carrier Safety Act of 1984, as amended, codified at
49 U.S.C. 31136(a)(1) and (2), requiring the Secretary to establish
regulations to ensure that CMVs are operated safely, and that
responsibilities placed on CMV drivers do not impair their ability to
safely operate CMVs. The rule does not address medical standards for
drivers or physical effects related to CMV driving (49 U.S.C.
31136(a)(3) and (4)). The Agency does not anticipate that drivers will
be coerced as a result of this rule (49 U.S.C. 31136(5)). The
Commercial Motor Vehicle Safety Act of 1986 (CMVSA), as amended,
codified in 49 U.S.C. chapter 313, established the CDL program and
required the Secretary to promulgate implementing regulations,
including minimum standards for testing and ensuring the fitness of an
individual operating a commercial motor vehicle (49 U.S.C. 31305(a)).
The specific statutory provision underlying the ELDT final rule,
enacted as part of The Moving Ahead for Progress in the 21st Century
Act and codified at 49 U.S.C. 31305(c), required the Secretary to
establish minimum entry-level driver training standards for certain
individuals required to hold a CDL.
The Administrator of FMCSA is delegated authority under 49 CFR 1.87
to carry out the functions vested in the Secretary by 49 U.S.C.
chapters 311, 313, and 315, as they relate to CMV operators, programs,
and safety.

V. Regulatory History

A. 2016 ELDT Final Rule

The ELDT final rule established minimum training standards for
individuals applying for a Class A or Class B CDL for the first time;
individuals upgrading their CDL to a Class B or Class A; and
individuals obtaining the following endorsements for the first time:
Hazardous materials (H), passenger (P), and school bus (S). The ELDT
final rule also defined curriculum standards for theory and behind-the-
wheel (BTW) instruction for Class A and B CDLs and the P and S
endorsements, and theory instruction requirements for the H
endorsement. In addition, the ELDT final rule required that SDLAs
verify ELDT completion before allowing the applicant to take a skills
test for a Class A or Class B CDL, or a P or S endorsement; or a
knowledge test prior to obtaining the H endorsement.
The ELDT final rule also established the TPR, an online database
which would allow ELDT providers to electronically register with FMCSA
and certify that individual driver-trainees completed the required
training. The rule set forth eligibility requirements for training
providers to be listed on the TPR, including a certification, under
penalty of perjury, that their training programs meet those
requirements. The ELDT final rule, when fully implemented, will require
training providers to register with the TPR, and thereafter
electronically upload driver-specific ELDT information to the TPR,
which FMCSA will then verify before transmitting to the SDLA. The
process is designed to deliver a finished ``product'' (i.e., verified
driver-specific ELDT information) to the end user, the SDLA, for their
review prior to administering the CDL skills test or issuing the CDL
credential.

B. NPRM To Extend Partially the ELDT Compliance Date

On July 18, 2019, FMCSA published a notice of proposed rulemaking
(NPRM) titled ``Partial Extension of Compliance Date for Entry-Level
Driver Training'' (84 FR 34324). That NPRM proposed delaying, from
February 7, 2020, to February 7, 2022, two provisions from the ELDT
final rule published on December 8, 2016 (81 FR 88732): The requirement
that training providers upload driver-specific training certification
information to the TPR, and the requirement that SDLAs confirm driver
applicants are in compliance with the ELDT requirements prior to
administering a skills test for a Class A or Class B CDL, or a P or S
endorsement, or prior to administering the knowledge test to obtain the
H endorsement. In the NPRM, FMCSA explained that the proposed delay was
necessary to allow both the Agency and SDLAs to complete the requisite
IT infrastructure to accommodate the two requirements. The NPRM, which
did not propose extending the compliance date for any other ELDT
requirement, also proposed several clarifying and conforming changes to
the ELDT final rule. FMCSA received 56 comments on the NPRM. No public
meeting was requested and none was held.

C. Interim Final Rule

On February 4, 2020, FMCSA published in the Federal Register an

[[Page 34633]]

interim final rule titled ``Extension of Compliance Date for Entry-
Level Driver Training'' (85 FR 6088). That interim rule extended the
compliance date for the ELDT final rule, from February 7, 2020, to
February 7, 2022. The 2-year extension applied to all requirements
established by the ELDT final rule, including:
1. The date by which training providers must begin uploading
driver-specific ELDT certification information to the TPR;
2. The date by which SDLAs must confirm that applicants for a CDL
have complied with ELDT requirements prior to taking a specified
knowledge or skills test;
3. The date by which training providers wishing to provide ELDT
must be listed on the TPR; and
4. The date by which drivers seeking a CDL or endorsement must
complete the required training, as set forth in the ELDT final rule.
In the interim rule, FMCSA cited IT development issues largely
beyond its control that prevented the Agency from completing the TPR in
time for the February 7, 2020, compliance date established by the ELDT
final rule. Accordingly, the partial delay proposed in the NPRM was no
longer feasible. FMCSA issued the interim rule with an immediate
effective date, but provided a 45-day comment period. FMCSA received 20
comments on the interim rule, which are discussed below.

VI. Discussion of Comments and Changes to the Interim Final Rule

As noted above, FMCSA received 20 comments on the interim final
rule, with 10 of them coming from individuals raising issues beyond the
scope of the rulemaking. The rulemaking focused on one issue: The
extension of the compliance date. Comments received about changes to
the underlying ELDT rule are beyond the scope of the NPRM and will not
be discussed. The remaining comments were from three organizations and
seven individuals. The organizations that commented were the Institute
for Policy Integrity at the New York University School of Law (IPI),
the Commercial Vehicle Training Association (CVTA), and the Oregon
Department of Transportation (Oregon).
Comment: The IPI comment focuses on the method FMCSA used to
monetize the forgone benefits of its interim rule. According to the
IPI, FMCSA undervalued the forgone benefits by using an interim social
cost of carbon, instead of using the emission reduction benefits
included in the ELDT final rule.
FMCSA Response: This rule accounts for delays in the implementation
of the TPR that were not foreseen at the time of the ELDT final rule.
The projected disbenefits resulting from the interim rule are not
directly comparable to the benefits estimated in the ELDT final rule,
as they are to be interpreted relative to a baseline consisting of the
ELDT final rule, whereas the benefits presented in the ELDT final rule
were relative to a no-action baseline.
A direct comparison of the ELDT final rule's carbon dioxide
benefits to the disbenefits of the interim rule is further complicated
by the interim rule's use of the interim social cost of carbon values
developed under E.O. 13783. The Agency applied these values in lieu of
those used in the ELDT final rule because they were the estimates
applicable during the development of the interim final rule. FMCSA
notes that if those values were recalculated today, yet a different
value would result. FMCSA is not presenting revised calculations as
this final rule is not changing the compliance date established by the
IFR and showing a different cost would not change that date.
Another factor driving the differential is the time frame over
which the interim rule is estimated. The Agency did not expect that the
cumulative 10-year estimates from the ELDT final rule would be
comparable to an interim rule that projects relative impacts resulting
from a 2-year delay. Comparing the two annualized estimates may not
prove to be informative either, as the ELDT final rule was annualized
over 10 years, and this one over 4 (see footnote 2, infra).
Comment: The Commercial Vehicle Training Association (CVTA) made
several recommendations for FMCSA to increase communication as the new
compliance date nears.
FMCSA Response: These recommendations will be considered by the
Agency.
Comment: Oregon welcomed the delay but noted several errors in the
regulatory text, found in the headings for subparts E & F of part 380
and in Sec. 384.230.
FMCSA Response: FMCSA corrects these errors, as discussed below in
the ``Section-by-Section Analysis.''
Comment: One of the individual commenters explicitly supported the
extension, and requested that FMCSA publish a compliance guide on or
before the new compliance date so businesses have time to understand
training requirements fully.
FMCSA Response: While FMCSA was not required to publish small
business compliance guides when it published the ELDT final rule (see
ELDT final rule, 81 FR 88732, 88787, Dec. 8, 2016), the Agency provided
guidance to the public, which can be found at https://www.fmcsa.dot.gov/registration/commercial-drivers-license/eldt. FMCSA
plans to provide further guidance as the compliance date approaches.
Comment: A second commenter stated that the compliance date should
not be upheld until the States are fully on board and are compliant.
FMCSA Response: FMCSA agrees; the new compliance date should
provide States with the time needed to adjust their IT systems to allow
them to receive the information that the ELDT final rule requires.
Comment: The five remaining individual commenters expressed
disappointment with the delay. One of these commenters questioned why
FMCSA doesn't require ``paper registration'' to allow the rule to come
into effect.
FMCSA Response: FMCSA did not consider implementing ``paper
registration'' for either training providers or students, as doing so
would have increased the cost of the ELDT final rule, and would require
approval from OMB, a process which could require further delay of the
compliance date. In addition, the ELDT Advisory Committee strongly
advised against using paper records due to concerns about fraud. FMCSA
believes the electronic transmission of data is more secure, more
efficient, and ensures that the required informational elements will be
uniformly understood and reported.
Comment: Another commenter expressing disappointment noted that
schools have taken steps to get ready for the ELDT final rule,
including determining how to prove the 80 percent proficiency, creating
certificates of training, and changing curriculum. This commenter noted
that it is imperative to get the ELDT requirements in place to reap the
safety benefits as soon as possible.
FMCSA Response: FMCSA agrees that it is important to get the ELDT
requirements in place as soon as possible and acknowledges that
training providers have been proactive in implementing the ELDT final
rule requirements. This activity will be useful when the requirements
come into effect in 2022. FMCSA also notes that training schools may
voluntarily implement updated ELDT curricula at any time prior to
February 7, 2022.
Comment: Two commenters questioned what had changed since 2016,
when FMCSA stated that the original 3-year compliance date

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timeframe would be sufficient for implementation of the ELDT
requirements.
FMCSA Response: As noted in the interim rule, FMCSA experienced IT
development issues, including changes to DOT internal requirements for
cloud-based IT systems, which added time to the development process.
This delay also impacts the States, as SDLAs cannot implement necessary
IT changes until FMCSA completes its IT specifications.

VII. Section-by-Section Analysis

This final rule affirms the changes made by the interim rule. It
also makes non-substantive revisions to correct errors that were
discovered after the interim rule published. These affirmed changes and
non-substantive revisions are as follows:
FMCSA revises the headings for subparts E and F in part 380, to
reflect the change in the compliance date for entry-level drivers to
obtain the training set forth in subpart F. This change was
inadvertently left out of the interim rule, though it was included as
an intended change in the section-by-section analysis of that document.
The changes to the headings have no impact, however, as the actual
regulatory text included the changed dates. FMCSA affirms the revisions
to Sec. Sec. 380.600 and 380.603. FMCSA also revises the heading for
subpart G in part 380, which was erroneously left out of the interim
rule. Finally, FMCSA is making a technical correction in Sec.
380.707(a) to add a missing word.
FMCSA affirms the changes in Sec. 383.71, paragraphs (a)(3),
(b)(11), and (e)(5), which changed the individual drivers' compliance
date from February 7, 2020, to February 7, 2022.
FMCSA also affirms the changes in Sec. 383.73: In paragraphs
(b)(11), (e)(9), and (p), the interim rule changed the States'
compliance date from February 7, 2020, to February 7, 2022; and in
paragraphs (b)(3) introductory text, (b)(3)(ii), and (e)(9), FMCSA made
clarifying changes.
Finally, the Agency affirms the change to the States' compliance
date in Sec. Sec. 384.230 and 384.301, from February 7, 2020, to
February 7, 2022. FMCSA is also making changes to cross references in
Sec. 384.230, to account for the changes made in Sec. 383.73.

VIII. 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

This final rule is not a significant regulatory action under
section 3(f) of E.O. 12866, Regulatory Planning and Review, as
supplemented by E.O. 13563 (76 FR 3821, January 21, 2011), and is also
not significant within the meaning of DOT regulations (49 CFR 5.13(a))
and does not require an assessment of potential costs and benefits
under E.O. 12866. Accordingly, OMB has not reviewed it under that
order.
Because the interim rule was effective upon publication, the Agency
treats the interim rule as the baseline for this analysis. Therefore,
this final rule will not result in any incremental impacts relative to
that baseline, as it merely finalizes the 2-year extension of the
interim rule.\1\
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\1\ The full regulatory analyses may be found in the interim
rule located in the public docket for this rulemaking (FMCSA-2007-
27748-1474).
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B. Congressional Review Act

This rule is not a major rule as defined under the Congressional
Review Act (5 U.S.C. 801, et seq.).\2\
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\2\ A ``major rule'' means any rule that the Administrator of
the Office of Information and Regulatory Affairs at OMB 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 foreign-based enterprises in domestic
and export markets (5 U.S.C. 804(2)).
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C. Regulatory Flexibility Act

The Regulatory Flexibility Act (RFA) of 1980 (5 U.S.C. 601 et
seq.), as amended by the Small Business Regulatory Enforcement Fairness
Act of 1996 (Pub. L. 104-121, 110 Stat. 857 (Mar. 29, 1996), note
following 5 U.S.C. 601), requires Federal agencies to consider the
effects of the regulatory action on small entities, analyze effective
alternatives that minimize small entity impacts, and make their
analyses available for public comment. 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. 601(6)). 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 is not required to complete a regulatory flexibility analysis
because the interim rule was not subject to notice and comment under
section 553(b) of the Administrative Procedure Act (5 U.S.C. 553(b)).

D. Assistance for Small Entities

In accordance with section 213(a) of the Small Business Regulatory
Enforcement Fairness Act of 1996, FMCSA wants to assist small entities
in understanding this final rule so that they can better evaluate its
effects on themselves and participate in the rulemaking initiative. If
the final rule will affect your small business, organization, or
governmental jurisdiction and you have questions concerning its
provisions or options for compliance, please consult the FMCSA point of
contact listed in the FOR FURTHER INFORMATION CONTACT section of this
final rule.
Small businesses may send comments on the actions of Federal
employees who enforce or otherwise determine compliance with Federal
regulations to the Small Business Administration's Small Business and
Agriculture Regulatory Enforcement Ombudsman and the Regional Small
Business Regulatory Fairness Boards. The Ombudsman evaluates these
actions annually and rates each agency's responsiveness to small
business. If you wish to comment on actions by employees of FMCSA, call
1-888-REG-FAIR (1-888-734-3247). DOT has a policy regarding the rights
of small entities to regulatory enforcement fairness and an explicit
policy against retaliation for exercising these rights.

E. Unfunded Mandates Reform Act of 1995

The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or Tribal government, in
the aggregate, or by the private sector of $168 million (which is the
value equivalent of $100,000,000 in 1995, adjusted for inflation to
2019 levels) or more in any one year. Though this final rule will not
result in such an expenditure, the Agency does discuss the effects of
this rule in section IX, subsections A. and B., above.

F. Paperwork Reduction Act

This rule calls for an information collection under the Paperwork
Reduction Act of 1995 (44 U.S.C. 3501-

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3520) (PRA). As defined in 5 CFR 1320.3(c), ``collection of
information'' comprises reporting, recordkeeping, monitoring, posting,
labeling, and other, similar actions. The 2016 ELDT final rule
discussed the changes to the approved collection of information, but
did not revise the supporting statement for that collection at that
time, because the changes from the final rule would not take effect
until after the expiration date of that approved collection (see PRA
discussion at 81 FR 88732, 88788). This collection was revised as part
of its renewal cycle, and as required by the PRA (44 U.S.C. 3507(d)),
and FMCSA submitted its estimate of the burden of the proposal
contained in this final rule to OMB for its review of the collection of
information renewal. FMCSA published the 60-day notice in the Federal
Register on July 3, 2019 (84 FR 31982). FMCSA published the 30-day
notice in the Federal Register on April 7, 2020 (85 FR 19570),
reflecting the changes made by the interim rule. OMB approved the
collection on June 26, 2020 under OMB Control Number 2126-0028, which
expires on June 30, 2023.
The information collection may be viewed at www.reginfo.gov/public/do/PRAMain. Find this information collection by entering OMB control
number 2126-0028 in the search bar and clicking on the last entry.

G. E.O. 13132 (Federalism)

A rule has implications for federalism under Section 1(a) of E.O.
13132 if it has ``substantial direct effects on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government.'' FMCSA determined that this rule would not have
substantial direct costs on or for States, nor would it limit the
policymaking discretion of States. Nothing in this document preempts
any State law or regulation. Therefore, this rule does not have
sufficient federalism implications to warrant the preparation of a
Federalism Impact Statement.

H. Privacy

Section 522 of title I of division H of the Consolidated
Appropriations Act, 2005, (Pub. L. 108-447, 118 Stat. 2809, 3268, (Dec.
8, 2004), note following 5 U.S.C. 552a), requires the Agency to conduct
a privacy impact assessment of a regulation that will affect the
privacy of individuals. The assessment considers impacts of the rule on
the privacy of information in an identifiable form and related matters.
The FMCSA Privacy Officer has evaluated the risks and effects the
rulemaking might have on collecting, storing, and sharing personally
identifiable information and has evaluated protections and alternative
information handling processes in developing the rule to mitigate
potential privacy risks. FMCSA determined that this rule does not
change the collection of personally identifiable information (PII) as
set forth in the 2016 ELDT final rule. The supporting Privacy Impact
Analysis, available for review on the DOT website, http://www.transportation.gov/privacy, gives a full and complete explanation
of FMCSA practices for protecting PII in general and specifically in
relation to the ELDT final rule, which would also apply to this final
rule.
As required by the Privacy Act (5 U.S.C. 552a), FMCSA and DOT will
publish, with request for comment, a system of records notice (SORN)
that will describe FMCSA's maintenance and electronic transmission of
information affected by the requirements of the ELDT final rule that
are covered by the Privacy Act. This SORN will be published in the
Federal Register not less than 30 days before the Agency is authorized
to collect or use PII retrieved by unique identifier.

I. E.O. 13175 (Indian Tribal Governments)

This rule does not have Tribal implications under E.O. 13175,
``Consultation and Coordination with Indian Tribal Governments,''
because it does not have a substantial direct effect on one or more
Indian Tribes, on the relationship between the Federal Government and
Indian Tribes, or on the distribution of power and responsibilities
between the Federal Government and Indian Tribes.

J. National Environmental Policy Act of 1969

The National Environmental Policy Act of 1969 (NEPA) (42 U.S.C.
4321 et seq.) requires Federal agencies to integrate environmental
values into their decision-making processes by considering the
potential environmental impacts of their actions. In accordance with
NEPA, FMCSA's NEPA Order 5610.1 (NEPA Implementing Procedures and
Policy for Considering Environmental Impacts), and other applicable
requirements, FMCSA prepared an Environmental Assessment (EA) to review
the potential impacts of the ELDT final rule. That EA is available for
inspection or copying in the Regulations.gov website listed under
ADDRESSES.
Because this rule only finalizes the interim rule's delay of the
compliance date of the ELDT final rule without any other substantive
change to the regulations, FMCSA continues to rely upon the previously
published 2016 EA to support this final rule. As noted in that EA,
implementation of the ELDT final rule imposed new training standards
for certain individuals applying for their CDL, an upgrade of their
CDL, or hazardous materials, passenger, or school bus endorsement for
their license. FMCSA found that noise, endangered species, cultural
resources protected under the National Historic Preservation Act,
wetlands, and resources protected under Section 4(f) of the Department
of Transportation Act of 1966, 49 U.S.C. 303, as amended by Public Law
109-59, would not be impacted. The impact areas that may be affected
and were evaluated in the 2016 EA included air quality, hazardous
materials transportation, solid waste, and public safety. Specifically,
as outlined in the ELDT final rule RIA, FMCSA anticipated that an
increase in driver training would result in improved fuel economy based
on changes to driver behavior, such as smoother acceleration and
braking practices. Such improved fuel economy is anticipated to result
in lower air emissions and improved air quality for gases, including
carbon dioxide. For the interim rule, FMCSA estimated the forgone
environmental benefits for years 2020 through 2023. As mentioned above,
the interim rule temporally shifted the benefits of the 2016 final rule
by two years but otherwise retains the overall environmental impacts of
the 2016 final rule. This final rule makes no changes that will impact
the discussion from the interim rule.

List of Subjects

49 CFR Part 380

Administrative practice and procedure, Highway safety, Motor
carriers, Reporting and recordkeeping requirements.

49 CFR Part 383

Administrative practice and procedure, Alcohol abuse, Drug abuse,
Highway safety, Motor carriers.

49 CFR Part 384

Administrative practice and procedure, Alcohol abuse, Drug abuse,
Highway safety, Motor carriers.

For the reasons set forth in the preamble, FMCSA adopts as final,
the interim final rule amending 49 CFR parts 380, 383, and 384,
published February 4, 2020, at 85 FR 6088, with the following changes:

[[Page 34636]]

PART 380--SPECIAL TRAINING REQUIREMENTS

0
1. The authority citation for part 380 continues to read as follows:

Authority: 49 U.S.C. 31133, 31136, 31305, 31307, 31308, and
31502; sec. 4007(a) and (b) of Pub. L. 102-240 (105 Stat. 2151-
2152); sec. 32304 of Pub. L. 112-141; and 49 CFR 1.87.

0
2. Revise the heading for subpart E to read as follows:

Subpart E--Entry-Level Driver Training Requirements Before February
7, 2022

0
3. Revise the heading for subpart F to read as follows:

Subpart F--Entry-Level Driver Training Requirements On and After
February 7, 2022

0
4. Revise the heading for subpart G to read as follows:

Subpart G--Registry of Entry-Level Driver Training Providers On and
After February 7, 2022

Sec. 380.707 [Amended]

0
5. In Sec. 380.707, amend the first sentence of paragraph (a) by
adding the word ``with'' after the words ``certify that they will
comply''.

PART 384--STATE COMPLIANCE WITH COMMERCIAL DRIVER'S LICENSE PROGRAM

0
6. The authority citation for part 380 continues to read as follows:

Authority: 49 U.S.C. 31136, 31301 et seq., and 31502; secs. 103
and 215 of Pub. L. 106-59, 113 Stat. 1753, 1767; sec. 32934 of Pub.
L. 112-141, 126 Stat. 405, 830; sec. 5401 and 7208 of Pub. L. 114-
94, 129 Stat. 1312, 1546, 1593; and 49 CFR 1.87.

0
7. In Sec. 384.230, revise paragraph (a) to read as follows:

Sec. 384.230 Entry-level driver certification.

(a) Beginning on February 7, 2022, a State must comply with the
requirements of Sec. 383.73(b)(11) and (e)(9) of this subchapter to
verify that the applicant completed the training prescribed in subpart
F of part 380 of this subchapter.
* * * * *

Issued under the authority of delegation in 49 CFR 1.87.
Meera Joshi,
Deputy Administrator.
[FR Doc. 2021-13893 Filed 6-29-21; 8:45 am]
BILLING CODE 4910-EX-P