Federal Register / Vol. 86, No. 123 / Wednesday, June 30, 2021 / Rules and Regulations 34631 

application, or is a debtor in an 

involuntary bankruptcy or insolvency 

proceeding at the time of the 

application. 

2. If one of the television stations 

involved is a ‘‘failing’’ station that has 

an all-day audience share of no more 

than four per cent; the station has had 

negative cash flow for three consecutive 

years immediately prior to the 

application; and consolidation of the 

two stations would result in tangible 

and verifiable public interest benefits 

that outweigh any harm to competition 

and diversity. 

3. If the combination will result in the 

construction of an unbuilt station. The 

permittee of the unbuilt station must 

demonstrate that it has made reasonable 

efforts to construct but has been unable 

to do so. 

* * * * * 

Note 9 to § 73.3555: Paragraph (a)(1) of this 

section will not apply to an application for 

an AM station license in the 1605–1705 kHz 

band where grant of such application will 

result in the overlap of the 5 mV/m 

groundwave contours of the proposed station 

and that of another AM station in the 535– 

1605 kHz band that is commonly owned, 

operated or controlled. 

* * * * * 

[FR Doc. 2021–13811 Filed 6–29–21; 8:45 am] 

BILLING CODE 6712–01–P 

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. 

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 selfcertify, 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 driverspecific 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 driverspecific 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 


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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 

§ 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 driverspecific 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 


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Federal Register / Vol. 86, No. 123 / Wednesday, June 30, 2021 / Rules and Regulations 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 driverspecific 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 

§ 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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1The full regulatory analyses may be found in the 

interim rule located in the public docket for this 

rulemaking (FMCSA–2007–27748–1474). 

2A ‘‘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)). 

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 cloudbased 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 §§ 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 § 380.707(a) to 

add a missing word. 

FMCSA affirms the changes in 

§ 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 

§ 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 

§§ 384.230 and 384.301, from February 

7, 2020, to February 7, 2022. FMCSA is 

also making changes to cross references 

in § 384.230, to account for the changes 

made in § 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

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

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: 


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34636 Federal Register / Vol. 86, No. 123 / Wednesday, June 30, 2021 / Rules and Regulations 

PART 380—SPECIAL TRAINING 

REQUIREMENTS 

■ 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. 

■ 2. Revise the heading for subpart E to 

read as follows: 

Subpart E—Entry-Level Driver Training 

Requirements Before February 7, 2022 

■ 3. Revise the heading for subpart F to 

read as follows: 

Subpart F—Entry-Level Driver Training 

Requirements On and After February 7, 

2022 

■ 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 

§ 380.707 [Amended] 

■ 5. In § 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 

■ 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. 

■ 7. In § 384.230, revise paragraph (a) to 

read as follows: 

§ 384.230 Entry-level driver certification. 

(a) Beginning on February 7, 2022, a 

State must comply with the 

requirements of § 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 


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