[Federal Register Volume 91, Number 71 (Tuesday, April 14, 2026)]
[Notices]
[Pages 19255-19257]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2026-07173]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2026-0265]
Qualification of Drivers; Commercial Vehicle Safety Alliance;
Application for Exemption
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), Department
of Transportation (DOT).
ACTION: Notice of final disposition; grant of application for
exemption.
-----------------------------------------------------------------------
SUMMARY: FMCSA announces its decision to grant a six-month exemption to
allow motor carriers and drivers in all States and the District of
Columbia to rely on a paper copy of the medical examiner's certificate
(MEC) as proof of the driver's medical certification for up to 60 days
after the MEC was issued. FMCSA has analyzed the request from the
Commercial Vehicle Safety Alliance
[[Page 19256]]
(CVSA) and the public comments and has determined that the exemption,
subject to the terms and conditions set forth below, is likely to
achieve a level of safety that is equivalent to or greater than the
level that would be achieved in the absence of the exemption. The
purpose of the exemption is to ensure that drivers with valid medical
certification and their employers are not penalized for delays outside
of their control as five remaining States implement the Medical
Examiner's Certification Integration final rule (NRII). FMCSA does not
anticipate granting additional, nationwide NRII waivers or exemptions
after the six-month duration of this exemption.
DATES: The exemption is effective April 11, 2026 and expires October
11, 2026.
FOR FURTHER INFORMATION CONTACT: Ms. Evangela Hollowell; Office of
Carrier, Driver and Vehicle Safety Standards, FMCSA;
[email protected]. If you have questions on viewing or submitting
material to the docket, contact Dockets Operations at (202) 366-9826.
SUPPLEMENTARY INFORMATION:
I. Public Participation
Viewing Comments and Documents
To view any documents mentioned as being available in the docket,
go to https://www.regulations.gov/docket/FMCSA-2026-0265/document and
choose the document to review. To view comments, click this notice,
then click ``Document Comments.'' If you do not have access to the
internet, you may view the docket online by visiting Dockets Operations
on the ground floor of the DOT West Building, 1200 New Jersey Avenue
SE, W58-213, 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.
II. Legal Basis
FMCSA has authority under 49 U.S.C. 31136(e) and 31315(b) to grant
exemptions from the Federal Motor Carrier Safety Regulations. FMCSA
must publish a notice of each exemption request in the Federal Register
(49 CFR 381.315(a)). The Agency must provide the public an opportunity
to inspect the information relevant to the application, including the
applicant's safety analysis. The Agency must provide an opportunity for
public comment on the request.
The Agency reviews the application, safety analyses, and public
comments submitted and determines whether granting the exemption would
likely achieve a level of safety equivalent to, or greater than, the
level that would be achieved absent such exemption, pursuant to the
standard set forth in 49 U.S.C. 31315(b)(1). The Agency must publish
its decision in the Federal Register (49 CFR 381.315(b)). If granted,
the notice will identify the regulatory provision from which the
applicant will be exempt, the effective period, and all terms and
conditions of the exemption (49 CFR 381.315(c)(1)). If the exemption is
denied, the notice will explain the reason for the denial (49 CFR
381.315(c)(2)). The exemption may be renewed (49 CFR 381.300(b)).
III. Background
Current Regulatory Requirements
FMCSA published the NRII final rule in 2015 (80 FR 22790, Apr. 23,
2015). The Agency extended the original compliance date several times,
most recently on June 22, 2021 (86 FR 32643), with compliance
ultimately being required as of June 23, 2025. The NRII rule modernizes
how driver medical certification is shared, replacing the outdated
paper-based process with a secure, electronic transmission system. The
NRII rule mandates that certified medical examiners use specific forms
to document physical qualification examinations and issue medical
certificates to qualified commercial motor vehicle drivers. Among other
changes that were implemented on June 23, 2025, medical examiners are
no longer required to issue the original/paper MEC, Form MCSA-5876, to
commercial learner's permit (CLP) holders and commercial driver's
license (CDL) holders. CLP holders and CDL holders are no longer
required to submit a paper MEC to their State Driver's Licensing Agency
(SDLA) (49 CFR 391.43(g)(2)(ii)). Instead, FMCSA electronically
transmits examination results and medical variance information for CLP
holders and CDL holders from the National Registry to the SDLAs. SDLAs
post the driver's information on the Commercial Driver's License
Information System (CDLIS) driver motor vehicle record (49 CFR
383.71(h)(1)(ii) and (h)(3)(ii); 49 CFR 383.73(a)(7)(ii) and
(b)(5)(ii)).
In addition, the provisions allowing motor carriers and drivers to
rely on paper copies of the MEC for up to 15 days after the certificate
was issued expired as of June 22, 2025. 49 CFR 391.23(m)(2)(iii) and
(m)(3)(i)(C); 49 CFR 391.41(a)(2)(i)(A) and (a)(2)(ii); 49 CFR
391.51(b)(6)(ii).
On July 14, 2025, FMCSA granted a waiver to interstate CDL and CLP
holders and to motor carriers to allow them to continue to rely on a
paper copy of the MEC as proof of the driver's medical certification
for up to 15 days after the date the MEC was issued. On August 21,
2025, FMCSA modified the waiver to allow CDL holders, CLP holders, and
motor carriers to rely on the paper copy of the MEC as proof of the
driver's medical certification for up to 60 days after the date the MEC
was issued. FMCSA subsequently re-issued the waiver effective October
13, 2025, and January 11, 2026.
As of the date of this notice, 45 States and the District of
Columbia have implemented NRII. The States of Alaska, California,
Kentucky, Louisiana, and New Hampshire have not yet implemented NRII
and are continuing to rely on the paper MEC.
Applicant's Request
CVSA's request was described in detail in a Federal Register notice
published on February 6, 2026 (91 FR 5551) and will not be repeated as
the facts have not changed.
IV. Public Comments
FMCSA received nine comments to the docket, one of which was
unrelated to CVSA's request. Of the eight relevant comments submitted,
six commenters supported granting the exemption, including Crane
Cartage LLC, who said ``As long as states are not compliant, paper med
cards should continue to be allowed as proof of certification.'' Tim
Watson commented that the exemption should extend for an additional
year after all States implement NRII to ensure that all States are
``actually'' compliant. The Owner-Operator Independent Drivers
Association expressed that ``No driver who has been medically cleared
should be forced off the road due to external processing errors.''
CVSA neither supported nor opposed the exemption but commented that
the need for a full-year exemption, as opposed to a short-term waiver,
depends on the timeline for the remaining five States to implement NRII
and the impact to the motor carriers operating in those States. CVSA
noted that since it submitted its request, States have made NRII
implementation progress and ``many of the data exchange issues have
been resolved.'' CVSA encouraged FMCSA to continue monitoring
implementation of the NRII and, if necessary, to rescind any exemption
when all States become compliant.
The American Trucking Associations (ATA) opposed granting a long-
term exemption, noting that many technical issues have been resolved
since the summer and fall of 2025. ATA stated
[[Page 19257]]
that rather than granting an exemption, FMCSA should continue to issue
short-term waivers.
V. FMCSA Decision
FMCSA has evaluated CVSA's request and the public comments and
grants the exemption for a period of six months while the remaining
five States implement NRII. The exemption provides the same regulatory
relief as the waivers provided. Accordingly, FMCSA has determined that
the exemption is likely to achieve a level of safety that is equivalent
to the level of safety that would be achieved absent the exemption for
the same reasons that supported the granting of the waivers. The
exemption does not alter the requirement that a person may not operate
a commercial motor vehicle unless he or she is certified by a medical
examiner as physically qualified to do so and does not alter any
physical qualification requirements for drivers. Further, the length of
the exemption is for a limited period of six months to enable most of
the remaining States to fully implement NRII.
In response to ATA's comment that FMCSA should continue to re-issue
waivers, rather than granting a long-term exemption, FMCSA agrees that
a long-term exemption of up to five years is unnecessary. The Agency
believes that a shorter-term exemption of six months allows sufficient
time for most of the remaining States to implement NRII and reduces any
uncertainty as to the expected duration of the regulatory relief.
States, motor carriers, and drivers should not expect additional
nationwide waivers or exemptions beyond the six-month duration of this
exemption.
VI. Exemption
A. Applicability of Exemption
This exemption covers CDL holders, CLP holders, and motor carriers
for the period beginning at 12:00 a.m. on April 11, 2026 through 11:59
p.m. on October 11, 2026. This exemption:
1. Extends until October 11, 2026, the ability of a motor carrier
to continue to use a copy of the MEC as proof of the driver's medical
certification for up to 60 days from the date of the medical
certification by waiving the end date of June 22, 2025, and the 15-day
time period in 49 CFR 391.23(m)(2)(iii) and 49 CFR 391.23(m)(3)(i)(C).
2. Extends until October 11, 2026, the ability of a driver to
continue to use a copy of the MEC carried on his or her person as proof
of the driver's medical certification for up to 60 days from the date
of the medical certification by waiving the end date of June 22, 2025,
and the 15-day time period in 49 CFR 391.41(a)(2)(i)(A) and 49 CFR
391.41(a)(2)(ii).
3. Extends until October 11, 2026, the ability of a motor carrier
to continue to use a copy of the MEC in the driver qualification file
for up to 60 days from the date of the medical certification by waiving
the end date of June 22, 2025, and the 15-day time period in 49 CFR
391.51(b)(6)(ii).
B. Terms and Conditions
1. This exemption does not apply to a driver if the driver does not
have a copy of his or her current, valid, MEC on his or her person that
was issued by a certified medical examiner within the prior 60 days.
2. This exemption does not apply to a motor carrier if the motor
carrier does not have a copy of the driver's current, valid, MEC that
was issued by a certified medical examiner within the prior 60 days.
C. Preemption
In accordance with 49 U.S.C. 31315(d), as implemented by 49 CFR
381.600, during the period this exemption is in effect, no State shall
enforce any law or regulation applicable to interstate commerce that
conflicts with or is inconsistent with this exemption with respect to a
firm or person operating under the exemption. States may, but are not
required to, adopt the same exemption with respect to operations in
intrastate commerce.
VII. Termination
FMCSA does not believe the motor carriers and drivers covered by
this exemption will experience any deterioration of their safety
record. However, the exemption will be revoked if the exemption has
resulted in a lower level of safety than was maintained before it was
granted or continuation of the exemption would not be consistent with
the goals and objectives of Title 49, chapter 313 or section 31136.
Derek Barrs,
Administrator.
[FR Doc. 2026-07173 Filed 4-13-26; 8:45 am]
BILLING CODE 4910-EX-P