Qualification of Drivers; Commercial Vehicle Safety Alliance; Application for Exemption

Issuing agencies

Abstract

FMCSA announces its decision to renew provisionally for one year an exemption to allow drivers with a commercial learner's permit (CLP) or commercial driver's license (CDL) issued by the State of Alaska, and their employers, 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. Alaska is the only State that has not implemented the Medical Examiner's Certification Integration (NRII) final rule. Drivers licensed in all other States and the District of Columbia, and their employers, may no longer rely on the paper MEC as proof of the driver's medical certification for any period of time as of October 12, 2026. The provisional exemption renewal for the State of Alaska is limited to one year.

Full Text

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<title>Federal Register, Volume 91 Issue 194 (Thursday, October 8, 2026)</title>
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[Federal Register Volume 91, Number 194 (Thursday, October 8, 2026)]
[Notices]
[Pages 64454-64456]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-20649]


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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 provisional renewal of exemption; request for 
comments.

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SUMMARY: FMCSA announces its decision to renew provisionally for one 
year an exemption to allow drivers with a commercial learner's permit 
(CLP) or commercial driver's license (CDL) issued by the State of 
Alaska, and their employers, 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. Alaska is the 
only State that has not implemented the Medical Examiner's 
Certification Integration (NRII) final rule. Drivers licensed in all 
other States and the District of Columbia, and their employers, may no 
longer rely on the paper MEC as proof of the driver's medical 
certification for any period of time as of October 12, 2026. The 
provisional exemption renewal for the State of Alaska is limited to one 
year.

[[Page 64455]]


DATES: The exemption is effective October 12, 2026 and expires October 
12, 2027.

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, W58-213, West Building, 
Washington, DC 20590-0001.
    <bullet> Hand Delivery or Courier: 1200 New Jersey Avenue SE, W58-
213, West Building, 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. Christine A. Hydock, Chief, 
Medical Programs Division; Office of Carrier, Driver and Vehicle Safety 
Standards, FMCSA; <a href="/cdn-cgi/l/email-protection#4b2d2628382a262e2f22282a270b2f243f652c243d"><span class="__cf_email__" data-cfemail="c5a3a8a6b6a4a8a0a1aca6a4a985a1aab1eba2aab3">[email&#160;protected]</span></a>.

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 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#81e3f3e8e0efafe6afe5e0e9ede8efc1e5eef5afe6eef7"><span class="__cf_email__" data-cfemail="0466766d656a2a632a60656c686d6a44606b702a636b72">[email&#160;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 in 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.

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

[[Page 64456]]

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, 49 States and the District of 
Columbia have implemented NRII. The State of Alaska is the only State 
that has not yet implemented NRII and continues to rely on the paper 
MEC.

Initial Request for, and Grant of, Exemption

    FMCSA initially granted a six-month exemption in response to a 
request from the Commercial Vehicle Safety Alliance (CVSA) on April 14, 
2026 (91 FR 19255). CVSA requested that FMCSA provide relief until all 
issues associated with NRII implementation were resolved. The exemption 
allowed motor carriers and drivers in all States and the District of 
Columbia to rely on a paper copy of the MEC as proof of the driver's 
medical certification for up to 60 days after the MEC was issued. The 
purpose of the exemption was to ensure that drivers with valid medical 
certification and their employers were not penalized for delays outside 
of their control as States implemented NRII.

Need for Renewal

    As of this date, Alaska is the only remaining State that has not 
implemented NRII. To ensure that drivers licensed in Alaska with valid 
medical certification can continue to operate, FMCSA determined that 
the existing exemption should be renewed only for these drivers and 
their motor carrier employers. At this time, all other States and the 
District of Columbia have implemented NRII and are transmitting medical 
certificates electronically, in compliance with the regulations. 
Therefore, FMCSA determined that the exemption was not necessary for 
drivers licensed in compliant jurisdictions and is narrowing the scope 
accordingly.

IV. Grant of Provisional Renewal of Exemption

    FMCSA previously determined that the exemption, subject to the 
terms and conditions imposed, would likely achieve a level of safety 
that is equivalent to the level of safety that would be achieved absent 
the exemption. 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 provisional renewal of the exemption is limited to drivers 
licensed in the State of Alaska.

A. Applicability of Exemption

    This exemption covers CDL holders and CLP holders whose CDL or CLP 
was issued by the State of Alaska and their motor carrier employers for 
the period beginning at 12:00 a.m. on October 12, 2026 through 11:59 
p.m. on October 12, 2027. This exemption:
    1. Extends until October 12, 2027, 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 12, 2027, 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 12, 2027, 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.

V. 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 D. Barrs,
Administrator.
[FR Doc. 2026-20649 Filed 10-7-26; 8:45 am]
BILLING CODE 4910-EX-P


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