Notice2026-02369
Qualification of Drivers; Commercial Vehicle Safety Alliance; Application for Exemption
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
February 6, 2026
Issuing agencies
Transportation DepartmentFederal Motor Carrier Safety Administration
Abstract
FMCSA requests public comment on the Commercial Vehicle Safety Alliance's (CVSA) request for guidance, which FMCSA is treating as an application for exemption, to allow motor carriers and drivers to rely on a paper copy of the medical examiner's certificate (MEC) as proof of the driver's medical certification until the Medical Examiner's Certification Integration (NRII) final rule is fully implemented in all 50 States and the District of Columbia.
Full Text
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<title>Federal Register, Volume 91 Issue 25 (Friday, February 6, 2026)</title>
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[Federal Register Volume 91, Number 25 (Friday, February 6, 2026)]
[Notices]
[Pages 5551-5553]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-02369]
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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 application for exemption; request for comments.
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SUMMARY: FMCSA requests public comment on the Commercial Vehicle Safety
Alliance's (CVSA) request for guidance, which FMCSA is treating as an
application for exemption, to allow motor carriers and drivers to rely
on a paper copy of the medical examiner's certificate (MEC) as proof of
the driver's medical certification until the Medical Examiner's
Certification Integration (NRII) final rule is fully implemented in all
50 States and the District of Columbia.
DATES: Comments must be received on or before March 9, 2026.
ADDRESSES: You may submit comments identified by Docket Number FMCSA-
2026-0265 by any of the following methods:
<bullet> Federal eRulemaking Portal: <a href="http://www.regulations.gov">www.regulations.gov</a>. See the
Public Participation and Request for Comments section below for further
information.
<bullet> Mail: Dockets Operations, U.S. Department of
Transportation, 1200 New Jersey Avenue SE, West Building, Ground Floor,
Washington, DC 20590-0001.
<bullet> Hand Delivery or Courier: 1200 New Jersey Avenue SE, West
Building, Ground Floor, Washington, DC 20590-0001, between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays.
<bullet> Fax: (202) 493-2251.
Each submission must include the Agency name and the docket number
(FMCSA-2026-0265) for this notice. Note that DOT posts all comments
received without change to <a href="http://www.regulations.gov">www.regulations.gov</a>, including any personal
information included in a comment. Please see the Privacy Act heading
below.
Privacy Act: In accordance with 49 U.S.C. 31315(b), DOT solicits
comments from the public to better inform its exemption process. DOT
posts these comments, including any personal information the commenter
provides, to <a href="http://www.regulations.gov">www.regulations.gov</a>, as described in the system of records
notice DOT/ALL-14 FDMS (Federal Docket Management System (FDMS)), which
can be reviewed at <a href="https://www.transportation.gov/individuals/privacy/privacy-act-system-records-notices">https://www.transportation.gov/individuals/privacy/privacy-act-system-records-notices</a>. The comments are posted without
edit and are searchable by the name of the submitter.
FOR FURTHER INFORMATION CONTACT: Ms. Evangela Hollowell; Office of
Carrier, Driver and Vehicle Safety Standards, FMCSA;
<a href="/cdn-cgi/l/email-protection#dfb9b2bcacbeb2babbb6bcbeb39fbbb0abf1b8b0a9"><span class="__cf_email__" data-cfemail="d7b1bab4a4b6bab2b3beb4b6bb97b3b8a3f9b0b8a1">[email protected]</span></a>. If you have questions on viewing or submitting
material to the docket, contact Dockets Operations at (202) 366-9826.
SUPPLEMENTARY INFORMATION:
I. Public Participation and Request for Comments
FMCSA encourages you to participate by submitting comments and
related materials.
A. Submitting Comments
If you submit a comment, please include the docket number for this
notice (FMCSA-2026-0265), indicate the specific section of this
document to which the comment applies, and provide a reason for your
suggestions or recommendations. You may submit your comments and
material online or by fax, mail, or hand delivery, but please use only
one of these means. FMCSA recommends that you include your name and a
mailing address, an email address, or a phone number in the body of
your document so the Agency can contact you if it has questions
regarding your submission.
To submit your comment online, go to <a href="https://www.regulations.gov/docket/FMCSA-2026-0265/document">https://www.regulations.gov/docket/FMCSA-2026-0265/document</a>, click on this notice, click
``Comment,'' and type your comment into the text box on the following
screen.
If you submit your comments by mail or hand delivery, submit them
in an unbound format, no larger than 8\1/2\ by 11 inches, suitable for
copying and electronic filing.
FMCSA will consider all comments and material received during the
comment period. Comments received after the comment closing date will
be filed in the public docket and will be considered to the extent
practicable.
B. Confidential Business Information (CBI)
CBI is commercial or financial information that is both customarily
and actually treated as private by its owner. Under the Freedom of
Information Act (5 U.S.C. 552), CBI is exempt from public disclosure.
If your comments responsive to the notice contain commercial or
financial information that is customarily treated as private, that you
actually treat as private, and
[[Page 5552]]
that is relevant or responsive to the notice, it is important that you
clearly designate the submitted comments as CBI. Please mark each page
of your submission that constitutes CBI as ``PROPIN'' to indicate it
contains proprietary information. FMCSA will treat such marked
submissions as confidential under the Freedom of Information Act, and
they will not be placed in the public docket of the notice. Submissions
containing CBI should be sent to Brian Dahlin, Chief, Regulatory
Evaluation Division, Office of Policy, FMCSA, 1200 New Jersey Avenue
SE, Washington, DC 20590-0001 or via email at <a href="/cdn-cgi/l/email-protection#6d0f1f040c03430a43090c050104032d090219430a021b"><span class="__cf_email__" data-cfemail="6200100b030c4c054c06030a0e0b0c22060d164c050d14">[email protected]</span></a>.
At this time, you need not send a duplicate hardcopy of your electronic
CBI submissions to FMCSA headquarters. Any comments FMCSA receives not
specifically designated as CBI will be placed in the public docket for
this notice.
C. Viewing Comments and Documents
To view comments, as well as any documents mentioned in this
preamble as being available in the docket, go to <a href="https://www.regulations.gov">https://www.regulations.gov</a>, insert FMCSA-2026-0265 in the keyword box, select
the document tab and choose the document to review. To view comments,
click this notice, then click ``Browse Comments.'' If you do not have
access to the internet, you may view the docket by visiting Dockets
Operations on the ground floor of the DOT West Building, 1200 New
Jersey Avenue SE, Washington, DC 20590-0001, between 9 a.m. and 5 p.m.
ET 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. Applicant's Request
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) applicants and commercial driver's
license (CDL) holders. CLP applicants 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
applicants 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, 42 States and the District of
Columbia have implemented NRII. Eight States have not yet implemented
NRII and are continuing to rely on the paper MEC.
Applicant's Request
CVSA requests that FMCSA provide guidance to commercial motor
vehicle enforcement officials that drivers are permitted to carry paper
copies of their valid MEC with them to demonstrate compliance with the
applicable requirements. CVSA notes that motor carriers have faced
challenges in uneven NRII implementation from State to State. CVSA
notes that these challenges have resulted in additional costs and
administrative burdens to motor carriers.
Although CVSA's request is labeled as a request for guidance, FMCSA
has determined that it is unable to issue the guidance CVSA is seeking
because it would conflict with the regulations currently in effect,
which are binding on regulated entities. Therefore, FMCSA is treating
CVSA's request for guidance as an application for exemption from the
applicable regulations to allow motor carriers and drivers to continue
to rely on a paper copy of the driver's MEC as proof of the driver's
medical certification for 60 days from the date the certificate was
issued. If granted, this exemption would allow motor carriers and
drivers the same flexibility as the current waiver while waiting for
all States to complete NRII implementation. This exemption would exempt
motor carriers and drivers from the end date of June 22, 2025, and the
15-day time period in 49 CFR 391.23(m)(2)(iii) and (m)(3)(i)(C), 49 CFR
391.41(a)(2)(i)(A) and (a)(2)(ii), and 49 CFR 391.51(b)(6)(ii) and
would be valid for one year.
Equivalent Level of Safety
When FMCSA issued the waivers to allow drivers and motor carriers
to continue to rely on a 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 determined that the waivers were likely to achieve a
level of safety that is equivalent to the level of safety that would be
obtained absent the waiver because the waivers did not alter the
requirement that a person may not
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operate a commercial motor vehicle unless he or she is certified by a
medical examiner as physically qualified to do so and did not alter any
physical qualification requirements for drivers.
A copy of CVSA's request is available for review in the docket for
this notice.
IV. Request for Comments
In accordance with 49 U.S.C. 31315(b), FMCSA requests public
comment from all interested persons on CVSA's application for an
exemption. In addition, FMCSA requests public comment on the
appropriate timeframe for motor carriers and drivers to rely on a paper
copy of the MEC, noting that the waiver allows a 60-day grace period.
All comments received before the close of business on the comment
closing date will be considered and will be available for examination
in the docket at the location listed under the ADDRESSES section of
this notice. Comments received after the comment closing date will be
filed in the public docket and will be considered to the extent
practicable. In addition to late comments, FMCSA will also continue to
file, in the public docket, relevant information that becomes available
after the comment closing date. Interested persons should continue to
examine the public docket for new material.
Larry W. Minor,
Associate Administrator of Policy.
[FR Doc. 2026-02369 Filed 2-5-26; 8:45 am]
BILLING CODE 4910-EX-P
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