Attachment D - IFR Extension of Compliance Date 85 FR 6088

Attachment D - IFR Extension of Compliance Date for ELDT 85 FR 6088.pdf

Training Certification for Entry-Level Commercial Motor Vehicle Operators

Attachment D - IFR Extension of Compliance Date 85 FR 6088

OMB: 2126-0028

⚠️ Notice: This form may be outdated. More recent filings and information on OMB 2126-0028 can be found here:

2023-06-23 - Extension without change of a currently approved collection

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6088

Federal Register / Vol. 85, No. 23 / Tuesday, February 4, 2020 / Rules and Regulations

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
Federal Motor Carrier Safety
Administration (FMCSA), DOT.
ACTION: Interim final rule with request
for comment.
AGENCY:

FMCSA is amending its
December 8, 2016, final rule, ‘‘Minimum
Training Requirements for Entry-Level
Commercial Motor Vehicle Operators’’
(ELDT final rule), by extending the
compliance date for the rule from
February 7, 2020, to February 7, 2022.
This action will provide FMCSA
additional time to complete
development of the Training Provider
Registry (TPR). The TPR will allow
training providers to self-certify that
they meet the training requirements and
will provide the electronic interface that
will receive and store entry-level driver
training (ELDT) certification
information from training providers and
transmit that information to the State
Driver Licensing Agencies (SDLAs). The
extension also provides SDLAs with
time to modify their information
technology (IT) systems and procedures,
as necessary, to accommodate their
receipt of driver-specific ELDT data
from the TPR. FMCSA is delaying the
entire ELDT final rule, as opposed to a
partial delay as proposed, due to delays
in implementation of the TPR that were
not foreseen when the proposed rule
was published.
DATES: This interim final rule is
effective February 4, 2020. Comments
on this interim final rule must be
received on or before March 20, 2020.
Petitions for Reconsideration of this
interim final rule must be submitted to
the FMCSA Administrator no later than
March 5, 2020.
FOR FURTHER INFORMATION CONTACT: Mr.
Richard Clemente, Driver and Carrier
Operations Division, Federal Motor
Carrier Safety Administration, 1200
New Jersey Avenue SE, Washington, DC
20590–0001, (202) 366–4325, MCPSD@
dot.gov. If you have questions on
viewing or submitting material to the
docket, contact Docket Operations, (202)
366–9826.
ADDRESSES: You may submit comments
identified by Docket Number FMCSA–

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SUMMARY:

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2007–27748 using any of the following
methods:
• Federal eRulemaking Portal: http://
www.regulations.gov. Follow the online
instructions for submitting comments.
• Mail: Docket Management Facility,
U.S. Department of Transportation, 1200
New Jersey Avenue SE, West Building,
Ground Floor, Room W12–140,
Washington, DC 20590–0001.
• Hand Delivery or Courier: West
Building, Ground Floor, Room W12–
140, 1200 New Jersey Avenue SE,
Washington, DC, between 9 a.m. and 5
p.m., Monday through Friday, except
Federal holidays.
• Fax: (202) 493–2251.
To avoid duplication, please use only
one of these four methods.
SUPPLEMENTARY INFORMATION:
This interim final rule is organized as
follows:
I. Rulemaking Documents
A. Availability of Rulemaking Documents
B. Privacy Act
II. Executive Summary
A. Purpose and Summary of the Interim
Final Rule
B. Costs and Benefits
III. Abbreviations
IV. Legal Basis
V. Regulatory History
VI. Discussion of Proposed Rule
VII. Discussion of Comments and Responses
VIII. Discussion of Interim Final Rule
IX. International Impacts
X. Section-by-Section
XI. Regulatory Analyses
A. E.O. 12866 (Regulatory Planning and
Review), E.O. 13563 (Improving
Regulation and Regulatory Review), and
DOT Regulatory Policies and Procedures
B. E.O. 13771 (Reducing Regulation and
Controlling Regulatory Costs)
C. Congressional Review Act
D. Regulatory Flexibility Act (Small
Entities)
E. Assistance for Small Entities
F. Unfunded Mandates Reform Act of 1995
G. Paperwork Reduction Act (Collection of
Information)
H. E.O. 13132 (Federalism)
I. E.O. 12988 (Civil Justice Reform)
J. E.O. 13045 (Protection of Children)
K. E.O. 12630 (Taking of Private Property)
L. Privacy
M. E.O. 12372 (Intergovernmental Review)
N. E.O. 13211 (Energy Supply,
Distribution, or Use)
O. E.O. 13175 (Indian Tribal Governments)
P. National Technology Transfer and
Advancement Act (Technical Standards)
Q. Environment
R. E.O. 13783 (Promoting Energy
Independence and Economic Growth)

I. Rulemaking Documents
A. Submitting Comments
If you submit a comment, please
include the docket number for this

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interim final rule (Docket No. FMCSA–
2007–27748), indicate the specific
section of this document to which each
section applies, and provide a reason for
each suggestion or recommendation.
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 that FMCSA can contact you if there
are questions regarding your
submission.
To submit your comment online, go to
http://www.regulations.gov/
#!docketDetail;D=FMCSA-2007-27748,
click on the ‘‘Comment Now!’’ button
and type your comment into the text
box on the following screen. Choose
whether you are submitting your
comment as an individual or on behalf
of a third party and then submit.
If you submit your comments by mail
or hand delivery, submit them in an
unbound format, no larger than 81⁄2 by
11 inches, suitable for copying and
electronic filing. If you submit
comments by mail and would like to
know that they reached the facility,
please enclose a stamped, self-addressed
postcard or envelope.
FMCSA will consider all comments
and material received during the
comment period and may change this
interim final rule based on your
comments. FMCSA may issue a final
rule at any time after the close of the
comment period.
Confidential Business Information
Confidential business information
(CBI) is commercial or financial
information that is both customarily and
actually treated as private by its owner.
Under the Freedom of Information Act
(FOIA) (5 U.S.C. 552), CBI is exempt
from public disclosure. If your
comments responsive to the interim
final rule contain commercial or
financial information that is customarily
treated as private, that you actually treat
as private, and that is relevant or
responsive to this interim final rule, 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
FOIA, and they will not be placed in the
public docket of this interim final rule.

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Submissions containing CBI should be
sent to Mr. Brian Dahlin, Chief,
Regulatory Analysis Division, Federal
Motor Carrier Safety Administration,
1200 New Jersey Avenue SE,
Washington, DC 20590. Any comments
FMCSA receives which are not
specifically designated as CBI will be
placed in the public docket for this
rulemaking.
FMCSA will consider all comments
and material received during the
comment period.
B. Viewing Comments and Documents
To view comments, as well as any
documents mentioned in this preamble
as being available in the docket, go to
http://www.regulations.gov/
#!docketDetail;D=FMCSA-2007-27748
and choose the document to review. If
you do not have access to the internet,
you may view the docket online by
visiting Docket Operations in Room
W12–140 on the ground floor of the
DOT West Building, 1200 New Jersey
Avenue SE, Washington, DC 20590,
between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
C. 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
www.regulations.gov, as described in
the system of records notice (DOT/ALL–
14 FDMS), which can be reviewed at
www.dot.gov/privacy.
II. Executive Summary

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A. Purpose and Summary of the Interim
Final Rule
FMCSA extends the compliance date
for the 2016 final rule, ‘‘Minimum
Training Requirements for Entry-Level
Commercial Motor Vehicle Operators’’
(81 FR 88732, December 8, 2016), from
February 7, 2020, to February 7, 2022.
The two-year extension applies to all
requirements established by the ELDT
final rule, including:
1. The date by which training
providers must begin uploading driverspecific training certification
information into the TPR, an electronic
database that will contain ELDT
information;

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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.
This extension is necessary so that
FMCSA can complete the IT
infrastructure to support the TPR, which
will allow training providers to selfcertify, request listing on the TPR, and
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
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.
In addition to providing for this delay,
FMCSA is also making clarifying and
conforming changes to the regulations
established by the ELDT final rule, as
proposed. FMCSA does not make any
other substantive changes to the
requirements established by the ELDT
final rule.

2021, as well as the temporal shift of the
2016 and 2019 final rules’ costs and
benefits to years 2022 and beyond.
Because FMCSA estimated the net
impact of the 2016 and 2019 final rules
to include both costs and benefits, we
estimate the delay to result in cost
savings and disbenefits. Updated to
2018 dollars,1 the 2016 final rule
resulted in annualized costs of $390
million at a 3 percent discount rate and
$391 million at a 7 percent discount
rate. The 2016 final rule resulted in
annualized benefits of $251 million at a
3 percent discount rate and $252
million at a 7 percent discount rate, also
updated to 2018 dollars. The 2019 final
rule reduced those annualized costs by
$19 million (in 2018 dollars) at both 3
percent and 7 percent discount rates,
and did not have an impact on benefits.
The Agency estimates this final rule will
result in 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 2023.2 The Agency
estimates this final rule will result in
annualized forgone benefits of $108
million at a 3 percent discount rate and
$112 million at a 7 percent discount
rate. In the summary table below,
FMCSA presents the changes in total
costs and benefits that will result from
this rule relative to the baseline.

B. Costs and Benefits

1 All estimates in this analysis have been updated
from 2014 dollars to 2018 dollars using a multiplier
of 1.065. The GDP deflator for 2014 is 103.680 and
the deflator for 2018 is 110.389. 110.389/103.680 =
1.065. This is based on Implicit Price Deflators for
Gross Domestic Product (GDP) from on the Bureau
of Economic Analysis (BEA) archive of National
Accounts (NIPA) data that were initially published
on March 1, 2019 in connection with the Initial
estimates for 2018 Q4. Accessed April 2019 at
https://apps.bea.gov/histdata/fileStruct
Display.cfm?HMI=7&DY=2018&
DQ=Q4&DV=Initial&dNRD=March-1-2019.
2 In the previous ELDT RIAs, the Agency
annualized impacts across a 10-year period. FMCSA
annualizes the costs and benefits of this final rule
across 4 years as, compared to the baseline, there
will be no change in costs or benefits under this
NPRM for years 5 through 10 (2024–2029). While
FMCSA did not use the following values in the
analysis, for comparison with the previous rules,
the cost savings of this final rule annualized across
10 years would be $78 million at a 3% discount rate
and $95 million at a 7% discount rate. The forgone
benefits annualized over 10 years would be $47
million at a 3% discount rate and $54 million at
a 7% discount rate.

In the 2016 ELDT final regulatory
impact analysis (RIA), entry-level
drivers, motor carriers, training
providers, SDLAs, and the Federal
government were estimated to incur
costs for compliance and
implementation. In 2019, FMCSA
published a separate final rule that
amended the existing ELDT regulations
by adopting a new Class A CDL theory
instruction upgrade curriculum to
reduce the training time and costs
incurred by Class B CDL holders
upgrading to a Class A CDL.
In the 2016 and 2019 final rules,
FMCSA projected costs and benefits
beginning in 2020. Because FMCSA is
delaying ELDT implementation to 2022,
this regulatory evaluation accounts for
the costs and benefits that will therefore
not be realized in years 2020 through

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Federal Register / Vol. 85, No. 23 / Tuesday, February 4, 2020 / Rules and Regulations
TOTAL COSTS AND BENEFITS OF THE FINAL RULE
[In millions of 2018 dollars]

Year

Costs

Benefits

Discount rate

Undiscounted
2020
2021
2022
2023

Undiscounted

($420)
(343)
87
9

($420)
(333)
79
9

($420)
(320)
68
8

($86)
(146)
(120)
(62)

($86)
(142)
(113)
(61)

($86)
(137)
(105)
(50)

Total ..................................................

(666)

(664)

(414)

(403)

(378)

Annualized ...............................................

........................

(179)

(196)

........................

(108)

(112)

III. Abbreviations and Acronyms
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

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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 interim
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

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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
generally 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
ELDT Final Rule
The ELDT 2016 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

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obtaining the following endorsements
for the first time: Hazardous materials
(H), passenger (P), and school bus (S).
The final rule also defined curriculum
standards for theory and behind-thewheel (BTW) instruction for Class A and
B CDLs and the P and S endorsements,
and theory instruction requirements for
the H endorsement. Additionally, the
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 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 final rule,
when fully implemented, will require
training providers to enter driverspecific ELDT information, 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.
NPRM to Partially Extend 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 NPRM is discussed further
below.

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VI. Discussion of Proposed Rule
The NPRM proposed a new
compliance date of February 7, 2022, for
two provisions of the ELDT final rule:
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
taking a skills test for a Class A or Class
B CDL, or a P or S endorsement, or prior
to taking 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.

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VII. Discussion of Comments And
Changes to the Proposed Rule
FMCSA received 56 comments on the
proposed rule. Of these, 40 commenters
requested that FMCSA delay all
provisions of the ELDT final rule. These
comments endorsing a delay of the rule
in its entirety were filed by individuals,
State organizations, and several industry
organizations. Commenters noted that a
partial delay would cause confusion,
particularly regarding how SDLAs
should verify driver applicant
compliance with the training
requirements without being able to
check using the electronic system
envisioned by the ELDT final rule.
Commenters questioned the
effectiveness of enforcement if the
SDLAs were not verifying training
completion prior to administering
required tests. They also argued that the
partial extension would place an undue
burden on the driver applicants, who
would incur the costs of taking the new
training even though there would not be
‘‘proof’’ of that training in the TPR for
another two years. Several of these
commenters went on to argue that the
partial delay could make it harder to
recruit drivers, particularly in rural
areas.
Six additional commenters opposed
the proposed partial delay, with two of
these commenters specifically stating
the ELDT final rule should be
implemented on the original
compliance date of February 7, 2020.
The commenters opposing the partial
delay included the Commercial Vehicle

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Training Association (CVTA) and the
National Association of Publicly
Funded Truck Driving Schools
(NAPFTDS), as well as individual
commenters. CVTA and NAPFTDS
stated that FMCSA must take into
consideration how the partial delay
could impact motor carrier liability, and
one individual noted that the partial
delay would make enforcement
ineffective. One individual noted that
the States have had plenty of notice, and
another cited the need for full
implementation as soon as possible to
improve highway safety.
Five commenters expressed support
for the proposed partial delay, with two
of these commenters (Instructional
Technologies, Inc. and the SAGE Truck
Driving Schools Corporation)
specifically commenting on the IT
issues discussed in the NPRM. Two of
these commenters (Power and
Communications Contractors
Association and American Truck
Dealers/National Automobile Dealers
Association) offered lukewarm support,
stating that they preferred full
implementation of the ELDT final rule
as originally intended, but that in light
of the IT issues discussed in the NPRM
they agreed a partial delay was
necessary.
Two commenters, the American
Trucking Associations, Inc. and OwnerOperator Independent Drivers’
Association, requested that FMCSA
answer questions prior to implementing
a partial delay. These questions related
to the actions SDLAs would be expected
to take in order to verify that driver
applicants had received the required
ELDT prior to administering testing, in
the absence of being able to receive
ELDT verification from the TPR.
Three commenters offered no position
on the NPRM, and offered no
substantive comments.
The Agency agrees with the
enforcement concerns raised by
commenters, noting that the partial
delay proposed in the NPRM would
have placed SDLAs in an unfavorable
position of having to take applicants’
word, or create a new paperwork
burden, that they completed their
required training prior to appearing at
an SDLA for required testing. FMCSA
also recognizes the potential impacts on
motor carrier’s liability, as noted by
CVTA and NAPFTDS. Given the delay
in developing the IT infrastructure,
however, FMCSA is not making a
determination whether these concerns,
alone, would have been enough to
warrant a full delay.
FMCSA is issuing this interim final
rule to delay all of the ELDT final rule’s
requirements by 2 years, to February 7,

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2022. As discussed below in section
VIII., FMCSA cannot complete the
development of the IT system required
to implement the ELDT final rule in full
by the original compliance date of
February 7, 2020. FMCSA acknowledges
that delaying the implementation for the
entire ELDT final rule addresses many
of the implementation questions
presented by commenters, and that the
majority of commenters requested the
full delay of the ELDT final rule.
As discussed above in Section II. B.,
‘‘Costs and Benefits,’’ delaying the full
ELDT final rule will also delay the
qualitative safety benefits associated
with that rule, which would not have
occurred with a partial delay, as
proposed. However, due to the fact that
FMCSA cannot complete development
of the TPR in time for the February 2,
2020, compliance date, the Agency must
extend the compliance date for all
requirements set forth in the ELDT final
rule to February 7, 2022. The specific
impacts of the full two-year delay are
discussed below in Section XI,
‘‘Regulatory Analyses.’’
VIII. Discussion of Interim Final Rule
FMCSA extends the compliance date
for the 2016 final rule, ‘‘Minimum
Training Requirements for Entry-Level
Commercial Motor Vehicle Operators’’
(81 FR 88732, December 8, 2016), from
February 7, 2020, to February 7, 2022.
The 2-year extension applies to all
requirements established by the ELDT
final rule, including:
1. The date by which training
providers must begin uploading driverspecific training certification
information into the TPR, an electronic
database that will contain ELDT
information;
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.
This extension is necessary so that
FMCSA can complete the IT
infrastructure to support the TPR, which
will allow training providers to selfcertify, request listing on the TPR, and
upload the driver-specific ELDT
completion information to the TPR.
Despite the Agency’s best efforts, due to
IT development issues largely beyond
its control, FMCSA cannot complete any
portion of the TPR in time for the
February 7, 2020, compliance date

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established by the ELDT final rule.
These issues include changes in
Department of Transportation (DOT)
internal requirements for cloud-based IT
systems, which added time to the
development process, which in turn
made it impossible for FMCSA to
implement a TPR that would be able to
accept training provider registrations by
February 7, 2020.
Completion of the TPR technology
platform is also necessary before driverspecific ELDT completion information
can be transmitted from the TPR to the
SDLAs. FMCSA has determined that
two years will provide sufficient time
for the Agency to develop and complete
this infrastructure, as well as for the
SDLAs to make changes, as necessary, to
their IT systems and internal procedures
to allow them to receive the driver’s
ELDT completion information
transmitted from the TPR.
In addition to providing for this delay,
FMCSA is also making clarifying and
conforming changes to the regulations
established by the ELDT final rule, as
proposed. FMCSA does not make any
other substantive changes to the
requirements established by the ELDT
final rule.

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Administrative Procedure Act—‘‘Good
Cause’’ Exception
FMCSA has good cause to proceed
with the immediate delay of the
compliance date for the entire rule,
including the two regulatory provisions
not included in the NPRM proposing a
partial delay.3 The Administrative
Procedure Act (APA) provides that
notice and public comment procedures
are not required when an Agency finds
there is ‘‘good cause’’ to dispense with
such procedures and incorporates the
finding and a brief statement of reasons
to support the finding in the rule issued.
Good cause exists when the agency
determines that notice and public
comment procedures are impracticable,
unnecessary, or contrary to the public
interest (5 U.S.C. 553(b)(3)(B)). In this
case, FMCSA finds that allowing for
notice and comment on delaying the
training provider curriculum and
registration requirements and the driver
applicant training portions of the ELDT
final rule is impracticable and contrary
to the public interest. Despite the
Agency’s best efforts, due to IT
3 Good cause need not be claimed for the two
provisions that were part of the proposed partial
delay, namely the training provider upload of
driver-specific training completion information and
the SDLA verification of driver-applicant training
completion prior to conducting a skills test or, in
the case of an H endorsement, a knowledge test.

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development issues largely beyond its
control, FMCSA cannot complete any
portion of the TPR in time for the
February 7, 2020, compliance date
established by the ELDT final rule.
These issues include changes in
Department of Transportation (DOT)
internal requirements for cloud-based IT
systems, which added time to the
development process, which in turn
made it impossible for FMCSA to
implement a TPR that would be able to
accept training provider registrations by
February 7, 2020.
In addition to being impracticable to
provide prior notice and comment on
extending the compliance date for the
final rule, it would also be contrary to
the public interest by prolonging
uncertainty among individuals seeking
to obtain the impacted CDLs and
endorsements as to what training
provisions will apply to them.
Additionally, questions regarding a firm
compliance date could potentially delay
motor carriers from hiring or otherwise
utilizing those drivers until the
uncertainty is lifted. FMCSA therefore
finds that good cause exists to forgo
prior notice and comment before
extending the compliance date.
Nonetheless, this interim final rule
includes a 45-day comment period.
FMCSA will consider and address any
submitted comments in the final rule
that will follow this interim final rule.
For the same reasons discussed above,
FMCSA finds good cause for making
this final rule effective less than 30 days
after publication, in accordance with 5
U.S.C. 553(d).
IX. International Impacts
The FMCSRs, and any exceptions to
the FMCSRs, apply only within the
United States (and, in some cases,
United States territories). Motor carriers
and drivers are subject to the laws and
regulations of the countries in which
they operate, unless an international
agreement states otherwise. Drivers and
carriers should be aware of the
regulatory differences among nations.
X. Section-by-Section Analysis
FMCSA revises the headings for
Subparts E and F in part 380, as well as
sections 380.600 and 380.603, by
changing the compliance date for entrylevel drivers to obtain the training found
in Subpart F. In all places where it
appears, the date is changed from
February 7, 2020, to February 7, 2022.
In section 383.71, paragraphs (a)(3),
(b)(11), and (e)(5), FMCSA changes the
individual drivers’ compliance date
from February 7, 2020, to February 7,

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2022. This delays by two years the date
by which individuals seeking a Class A
or B CDL for the first time, a passenger
endorsement for the first time, a school
bus endorsement for the first time, or a
hazardous materials endorsement for
the first time must complete the training
prescribed in 49 CFR part 380, subpart
F, prior to taking the skills test (for all
but the hazardous materials
endorsement) or knowledge test (for the
hazardous materials endorsement).
In section 383.73, paragraphs (b)(11),
(e)(9), and (p), FMCSA changes the
States’ compliance date from February
7, 2020, to February 7, 2022. This delays
by two years the date by which a State
must verify the applicant has completed
the required ELDT, and also delays the
date when a State must begin complying
with the requirement to notify FMCSA
if a training provider in that State does
not meet the minimum requirements for
CMV instruction. The Agency also
revises the States’ compliance date in
section 384.230, from February 7, 2020,
to February 7, 2022. In paragraph (a),
this date identifies when a State must
comply with the requirements of
sections 383.73(b)(11) and (e)(9). In
paragraphs (b)(1) and (b)(2), this date
identifies when States must come into
substantial compliance with the ELDTrelated requirements of sections 383.73
and 384.230.
Unrelated to the changes made to
delay the compliance date wherever it
appears, FMCSA is making clarifying
changes to existing ELDT-related
requirements in section 383.73. In
paragraphs (b)(3) and (b)(3)(ii), FMCSA
removes references to the State
performing a check for whether the
applicant has completed required
training prior to initial issuance of the
CDL. This change reflects that, as
intended by the ELDT final rule, the
threshold for the SDLA’s verification
that an applicant completed the
required ELDT is at the point of skills
testing or, in the case of the H
endorsement, knowledge testing. This
change eliminates what would
otherwise be a duplicative requirement
inadvertently imposed on the States; the
requirement that States verify the
applicant received ELDT training before
conducting skills testing is already set
forth in section 383.73(b)(11). Similarly,
FMCSA revises paragraph (e)(9) to
clarify that the State must verify an
applicant’s completion of required
ELDT at the point of testing, not
issuance.

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XI. 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
The Office of Information and
Regulatory Affairs has determined that
this interim final rule is an
economically significant regulatory
action under E.O. 12866,4 Regulatory
Planning and Review, as supplemented
by E.O. 13563 (76 FR 3821, January 21,
2011). It also is significant under DOT
regulatory policies and procedures
because the economic costs and benefits
of the rule exceed the $100 million
annual threshold.
As discussed above, this interim final
rule will delay, until February 7, 2022,
the compliance date of the provisions in
the 2016 Minimum Training
Requirements for Entry-Level
Commercial Motor Vehicle Operators
Final Rule (81 FR 88732) and the 2019
ELDT Commercial Driver’s License
Upgrade from Class B to Class A final
rule (84 FR 8029), henceforth referred to
as the ‘‘2016 final rule’’ and ‘‘2019 final
rule,’’ respectively. FMCSA did not
propose any substantive changes to the
existing regulatory text in 49 CFR part
380, 383, or 384 in the NPRM.
In the 2016 ELDT final RIA, entrylevel drivers, motor carriers, training
providers, SDLAs, and the Federal
government were estimated to incur
costs for compliance and
implementation starting in 2020. In
2019, FMCSA published a separate final
rule that amended the existing ELDT
regulations by adopting a new Class A
CDL theory instruction upgrade
curriculum to reduce the training time
and costs incurred by Class B CDL
holders upgrading to a Class A CDL.
In the 2016 and 2019 final rules,
FMCSA projected costs and benefits
beginning in 2020. Because FMCSA is
delaying ELDT implementation by 2
years to 2022, this regulatory evaluation

accounts for the costs and benefits that
will therefore not be realized in years
2020 through 2021, as well as the
temporal shift of the 2016 and 2019
final rules’ costs and benefits to years
2022 and beyond. Because FMCSA
estimated the net impact of the 2016
and 2019 final rules to include both
costs and benefits, we estimate the delay
to result in cost savings and disbenefits.
Updated to 2018 dollars,5 the 2016 final
rule resulted in annualized costs of $390
million at a 3 percent discount rate and
$391 million at a 7 percent discount
rate. The 2019 final rule reduced those
annualized costs by $19 million (in
2018 dollars) at both 3 percent and 7
percent discount rates. FMCSA
estimates this final rule will result in
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
2023.6
History of ELDT Rulemakings’
Regulatory Impacts
The costs of the 2016 final rule
included tuition expenses, the
opportunity cost of time while in
training, compliance audit costs, and
implementation and monitoring of the
TPR. The 2019 ELDT final rule
established a new theory instruction
upgrade curriculum that removed eight
instructional units involving ‘‘NonDriving Activities’’ for Class B CDL
holders upgrading to a Class A CDL
because Class B CDL holders have
previous training or experience in the
CMV industry. The 2019 final rule did
not change the BTW training
requirements set forth in the 2016 final
rule. FMCSA estimated that the new
theory curriculum resulted in cost
savings by taking less time to complete,
without impacting the benefits of the
2016 ELDT final rule.
Costs of the Interim Final Rule
In this regulatory evaluation, FMCSA
estimates the impacts of this rule for

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years 2020 through 2023, and uses the
2016 and 2019 ELDT final rules as the
baseline for its estimates. This rule will
delay implementation of the ELDT final
rules to 2022, making 2022 the first year
in which regulatory impacts of the
previous final rules will be realized.
Accordingly, this final rule will result in
net cost savings using the previous final
rules as the baseline. The Agency
presents the costs and cost savings of
this rule below.
Entry-Level Driver Costs
The cost savings of this rule to entrylevel drivers include costs that would
have been incurred in 2020 through
2021 for identifying a training provider
on the registry, the cost of tuition, and
the opportunity cost of time spent in
training. In Table 1 below, FMCSA
presents the change in costs to entrylevel drivers that will result from the
rule relative to the baseline.
To illustrate the logic behind the cost
impacts of this rule to entry-level
drivers, the following example discusses
those impacts that will occur in year
2020. In the 2016 final rule, FMCSA
estimated that drivers would incur costs
of $345 million 7 (at both 3 percent and
7 percent discount rates) in 2020. In the
2019 final rule, FMCSA estimated
drivers would incur $8 million in cost
savings (at both 3 percent and 7 percent
discount rates) in 2020. Thus, FMCSA
estimates that this rule will result in a
net savings of $337 million in 2020
($337 million = $345 million¥$8
million), at both 3 percent and 7 percent
discount rates, with a similar magnitude
of savings in 2021.
FMCSA estimates the annualized cost
savings of this rule to entry-level drivers
will be $179 million over four years at
a 3 percent discount rate and $193
million at a 7 percent discount rate as
shown in Table 1.

TABLE 1—TOTAL COST OF FINAL RULE TO DRIVERS
[In millions of 2018 dollars]
Year

Undiscounted

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2020 ...........................................................................................................................
2021 ...........................................................................................................................

4 58

FR 51735–51744 (Sept. 30, 1993).
estimates in this analysis have been updated
from 2014 dollars to 2018 dollars using a multiplier
of 1.065. The GDP deflator for 2014 is 103.680 and
the deflator for 2018 is 110.389. 110.389/103.680 =
1.065. This is based on Implicit Price Deflators for
Gross Domestic Product (GDP) from on the Bureau
of Economic Analysis (BEA) archive of National
5 All

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($337)
(339)

Accounts (NIPA) data that were initially published
on March-1-2019 in connection with the Initial
estimates for 2018 Q4. Accessed April 2019 at
https://apps.bea.gov/histdata/fileStructDisplay.cfm
?HMI=7&DY=2018&DQ=Q4&DV=Initial&dNRD
=March-1-2019.
6 In the previous ELDT RIAs, the Agency
annualized impacts across a 10-year period. FMCSA

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Discounted at
3%
($337)
(329)

Discounted at
7%
($337)
(317)

annualizes the costs and benefits of this final rule
across 4 years as, compared to the baseline, there
will be no change in costs or benefits under this
NPRM for years 5–10 (2024–2029).
7 All estimates in this analysis have been updated
from 2014 dollars to 2018 dollars using a multiplier
of 1.065 based on BEA NIPA data.

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Federal Register / Vol. 85, No. 23 / Tuesday, February 4, 2020 / Rules and Regulations
TABLE 1—TOTAL COST OF FINAL RULE TO DRIVERS—Continued
[In millions of 2018 dollars]
Year

Undiscounted

Discounted at
3%

Discounted at
7%

Total ....................................................................................................................

(675)

(666)

(653)

Annualized .................................................................................................................

..............................

(179)

(193)

Motor Carrier Costs
In the 2016 final RIA, FMCSA valued
the opportunity cost to motor carriers as
represented by the forgone profit
resulting from the amount of time
drivers spend in training rather than
driving.8 In Table 2 below, FMCSA
presents the change in costs to motor
carriers that will result from this rule
relative to the baseline.
To illustrate the logic behind the cost
impacts of this rule to motor carriers,

the following example discusses those
impacts that would occur in year 2020.
FMCSA estimated that the 2016 final
rule would result in $21 million in costs
to motor carriers in 2020 (at both 3
percent and 7 percent discount rates),
and that the 2019 final rule would result
in $1 million in cost savings (at both 3
percent and 7 percent discount rates).
FMCSA estimates that this rule will
result in $20 million in cost savings to
motor carriers in 2020 (at both 3 percent

and 7 percent discount rates), with a
similar magnitude of savings in 2021.
As this final rule only defers the
compliance date to 2022, it will not
impact motor carrier costs in 2022
through 2029 relative to the baseline.
FMCSA estimates that the annualized
cost savings over four years to motor
carriers will be $11 million at both 3
percent and 7 percent discount rates as
presented in Table 2.

TABLE 2—TOTAL COST OF THE PROPOSED RULE TO MOTOR CARRIERS
[In millions of 2018 dollars]
Year

Undiscounted

Discounted at
7%

($20)
(20)

($20)
(19)

Total ....................................................................................................................

(40)

(39)

Annualized .................................................................................................................

..............................

(11)

Training Provider Costs
In the 2016 final RIA, FMCSA
estimated that training providers would
incur costs starting in 2020 for
submitting documentation to the TPR
and for preparing for and being subject
to compliance audits. The 2019 final
rule did not result in cost savings to
training providers. FMCSA estimates
that this rule, by deferring training
provider costs to 2022, will result in
cost savings of $4 million at both 3
percent and 7 percent discount rates on
an annualized basis over 4 years.
State Driver Licensing Agency (SDLA)
Costs: Delayed Information Technology
(IT) System Upgrades

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Discounted at
3%

In the 2016 final rule, FMCSA
assumed that SDLAs would upgrade
their IT systems so that they can receive
training completion information
through the Commercial Driver’s
License Information System (CDLIS)
and store the information in their State
systems. That upgrade required States to
create new fields in their State driver
8 Please see 2016 RIA page 76 for further details
on motor carrier costs.

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record databases by 2020. Because this
rule will shift by 2 years the date by
which this requirement must be
satisfied, SDLAs will incur these costs
in 2022 rather than 2020. This change
is merely a temporal shift of a cost of the
2016 final rule.
FMCSA estimated in the 2016 final
RIA that in 2020 this IT system upgrade
would cost $1.2 million per SDLA, and
therefore $60 million,9 across all 51
SDLAs. FMCSA acknowledged in the
2016 final RIA that while some of these
costs may be incurred prior to the
effective date of the rule, FMCSA
applied this entire cost to the first year
of the analysis (2020). As noted above,
this rule shifts these costs from 2020 to
2022, which will result in a cost savings
to SDLAs of $1 million annualized over
4 years at a 3 percent discount rate and
$2 million at a 7 percent discount rate.
These estimates of cost savings
represent the sum across all 51 SDLAs.

Federal Government Costs
This rule will delay by 2 years the
Federal government’s incurrence of
administrative costs related to the TPR
as well as compliance audit costs.
FMCSA estimates annualized cost
savings across 4 years of $554,000 and
$715,000 at 3 percent and 7 percent
discount rates, respectively. The rule
will not delay or alter the Federal
government’s incurrence of IT costs
related to the development of the TPR.
Maintenance and Repair Costs
In the 2016 final rule, FMCSA
estimated there would be a cost savings
for maintenance and repair of
commercial motor vehicles operated by
entry-level drivers. The 2016 final RIA
considered those savings to be a benefit
of that rule. This rule will defer the
realization of those benefits by 2 years—

9 Using estimates updated to 2018 dollars, 51
SDLAs x $1,171,180 = $59,730,159.

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Federal Register / Vol. 85, No. 23 / Tuesday, February 4, 2020 / Rules and Regulations
that is, from 2020 to 2022. While
consistency with the 2016 final RIA
would argue for accounting for this
change as a disbenefit, the Agency
recognizes that repair and maintenance
expenses are borne directly by drivers
and carriers (rather than an externality)
and that it is therefore more appropriate
to consider this impact of this rule as a
cost rather than a disbenefit.
Consequently, the Agency estimates the
forgone cost savings of the rule as costs.
To estimate these costs, FMCSA
applies the same methodology used in
the analysis of the other cost impacts of
this rule by applying an implicit gross
domestic product (GDP) price deflator to
the yearly estimates used in the 2016
final RIA and then discounting and

annualizing those adjusted figures over
4 years. As established in the 2016 final
RIA, the maintenance and repair cost
savings were affected by an assumed 3year period of knowledge retention of
driver training.10 In short, in both the
2016 final RIA and the analysis of this
rule, the Agency assumes that driver
behavior reverts linearly over a 3-year
period (that is, in the first year of
driving following pre-CDL training, a
driver experiences the full amount of
maintenance and repair cost savings; in
year two (the second year of driving
following pre-CDL training), he or she
experiences 66.67 percent of that
amount; in year three (the third year of
driving following pre-CDL training),

33.33 percent of that amount and after
three years of driving no cost savings
remains). Accordingly, under this rule,
while none of the 2016 final rule’s
maintenance and repair cost savings
will be realized in 2020 through 2021,
33.33 percent of that rule’s cost savings
will be realized in 2022, 66.67 percent
in 2023, and 100 percent in 2024. These
impacts are reflected in Table 3 (year
2024 is excluded from Table 3 as there
are no delta in 2024 relative to the
baseline). On an annualized basis across
4 years, this rule will result in costs
resulting from forgone maintenance and
repair cost savings of $17 million at
both 3 percent and 7 percent discount
rates, as shown in Table 3.

TABLE 3—DISCOUNTED AND ANNUALIZED FORGONE MAINTENANCE AND REPAIR SAVINGS @$0.0034/VMT
[In millions of 2018 dollars]
Year
2020
2021
2022
2023

Undiscounted

3% Discount rate

7% Discount rate

...........................................................................................................................
...........................................................................................................................
...........................................................................................................................
...........................................................................................................................

$14
23
19
9

$14
22
17
9

$14
21
16
8

Total ....................................................................................................................

Annualized .................................................................................................................

..............................

(over 4 years, from 2020 through 2023).
FMCSA estimates the annualized cost
savings of this rule to be $179 million

Total Costs of the Interim Final Rule
In Table 4 below, we show the
annualized cost savings of this rule

at a 3 percent discount rate and $196
million at a 7 percent discount rate.

TABLE 4—TOTAL COST OF THE FINAL RULE
[In millions of 2018 dollars]
Year

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2020
2021
2022
2023

Undiscounted

3%
Discount rate

7%
Discount rate

($420)
(343)
87
9

($420)
(333)
79
9

($420)
(320)
68
8

Total ....................................................................................................................

(666)

(664)

Annualized .................................................................................................................

..............................

(179)

(196)

Benefits of the Interim Final Rule
FMCSA estimated the 2016 final rule
to result in benefits to CMV operators,
the transportation industry, the
traveling public, and the environment.
The Agency estimated benefits in two
broad categories: Safety benefits and
non-safety benefits. Training related to
the performance of complex tasks was
expected to improve performance; in the
context of the training required by the
10 Please see 2016 RIA page 97 for further details
on knowledge retention methodology.

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2016 final rule, improvement in task
performance constitutes adoption of
safer driving practices that the Agency
expected to reduce the frequency and
severity of crashes, thereby resulting in
safer roadways for all. The Agency
estimated training related to fuel
efficient driving practices taught under
the ‘‘speed management’’ and ‘‘space
management’’ sections of the
curriculum to reduce fuel consumption

and consequently lower environmental
impacts associated with carbon dioxide
emissions. Similarly, safer driving and
better-informed drivers were estimated
to reduce maintenance and repair
costs.11
In this analysis, FMCSA estimates the
forgone benefits resulting from this rule
for years 2020 through 2023, and uses
the 2016 and 2019 ELDT final rules as
the baseline for its estimates. As

11 While maintenance and repair cost savings
were analyzed as a benefit in the 2016 final RIA,
today’s analysis of the rule considers the deferral
of those savings to be a cost rather than a disbenefit.

Therefore, impacts of this rule to maintenance and
repair expenses are discussed in the costs section
only.

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mentioned above, this rule will delay
implementation of the ELDT final rules
to 2022, making 2022 the first year in
which benefits of the previous final
rules will be realized, accounting for the
assumptions made in the 2016 analysis
around knowledge retention.12
Fuel Consumption
In the 2016 final rule, FMCSA
projected there would be an increase in
fuel economy attributable to the rule.

The 2016 final RIA monetized fuel
savings benefits beginning in 2020. This
rule will defer the realization of those
benefits to 2022. As per the discussion
of the knowledge retention assumption
in relation to the costs associated with
maintenance and repair (presented
earlier in this analysis), under this rule
only 33.33 percent of the fuel savings
benefits of the 2016 final rule will be
realized in 2022. Likewise, 66.67

percent of the fuel savings benefits of
the 2016 final rule will be realized in
2023, and 100 percent of those benefits
will be realized in 2024. Therefore, as
shown in Table 5, the value of forgone
fuel savings that will result from this
rule is equal to 100 percent of the 2016
final rule’s fuel savings for years 2020
and 2021, 66.67 percent of the
corresponding value for 2022, 33.33
percent for 2023, and zero for 2024.

TABLE 5—UNDISCOUNTED VALUE OF FORGONE FUEL SAVINGS
[In millions of 2018 dollars]
Year

2020

2021

2022

2023

Total

Forgone Savings ..................................................................

($84)

($142)

($117)

($60)

($403)

Discounting and annualizing (across 4
years 13) the above disbenefits at the 3

percent and 7 percent discount rates
produces the following, shown below.

TABLE 6—DISCOUNTED AND ANNUALIZED VALUE OF FORGONE FUEL SAVINGS
[3 percent discount rate, in millions of 2018 dollars]
Year

2020

2021

2022

2023

Total

Annualized

Forgone Savings ......................................

($84)

($138)

($110)

($60)

($392)

($106)

TABLE 7—DISCOUNTED AND ANNUALIZED VALUE OF FORGONE FUEL SAVINGS
[7 percent discount rate, in millions of 2018 dollars]
Year

2020

2021

2022

2023

Total

Annualized

Forgone Savings ......................................

($84)

($133)

($102)

($49)

($368)

($109)

Monetized CO2 Impacts—Social Cost of
Carbon Dioxide Emissions

marginal changes in CO2 emissions in a
given year. FMCSA included an analysis
of the climate benefits in the 2016 final
rule using the SC-CO2, therefore we are
also including this analysis here. The
SC-CO2 estimates used in this regulatory
evaluation focus on the direct impacts
of climate change that are anticipated to
occur within U.S. borders.15 The SC-

CO2 estimates presented in Table 8 16
below are interim values developed
under E.O. 13783 17 for use in regulatory
analyses until an improved estimate of
the impacts of climate change to the
U.S. can be developed based on the best
available science and economics.

across 4 years as, compared to the baseline, there
is no change in costs or benefits under this NPRM
for years 5 through 10 (2024–2029).
14 For the estimates and methodology used in
analyzing SC-CO2 disbenefits, FMCSA relied on the
Regulatory Impact Analysis for the Review of the
Clean Power Plan by the Environmental Protection
Agency, EPA–HQ–OAR–2017–0355–0110.
15 FMCSA follows established precedent set forth
in the aforementioned 2017 EPA RIA in focusing on
domestic impacts. Circular A–4 states that analysis
of economically significant proposed and final
regulations ‘‘should focus on benefits and costs that
accrue to citizens and residents of the United
States.’’ EPA followed this guidance by adopting a
domestic perspective in the RIA.

16 These estimates were adjusted from 2011$ to
2018$ using a GDP deflator of 1.125 and then
extrapolated. The aforementioned EPA RIA
provided SC-CO2 values in 5 year intervals from
2020–2050. FMCSA linearly extrapolated those
figures to fill in the missing years needed for our
analysis.
17 E.O. 13783 directed agencies to ensure that
estimates of the social cost of greenhouse gases used
in regulatory analyses ‘‘are based on the best
available science and economics’’ and are
consistent with the guidance contained in OMB
Circular A–4, ‘‘including with respect to the
consideration of domestic versus international
impacts and the consideration of appropriate
discount rates’’ (E.O. 13783, Section 5(c)).

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FMCSA estimates the forgone climate
benefits from this interim final rule
using a measure of the domestic social
cost of carbon (SC-CO2).14 The SC-CO2
is a metric that estimates the monetary
value of impacts associated with

12 As established in the 2016 final RIA, the
benefits of the 2016 final rule were affected by an
assumed 3-year period of knowledge retention of
driver training. In short, FMCSA assumed that
driver behavior reverts linearly over a 3-year period
(that is, in the first year of driving following preCDL training, a driver experiences the full benefit
of training; in year two, he or she experiences 66.67
percent of the initial benefit; in year three, 33.33
percent of the initial benefit, and after year three no
benefit remains). Thus, in today’s analysis of the
final rule, the estimated impacts to benefits for
years 2022–2023 were adjusted to account for this
assumption.
13 In the previous ELDT RIAs, the Agency
annualized impacts across a 10-year period. FMCSA
annualizes the costs and benefits of this final rule

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TABLE 8—INTERIM DOMESTIC SOCIAL
COST OF CO2 2020–2023 IN 2018
DOLLARS PER METRIC TON
Year

2020 ..........................
2021 ..........................
2022 ..........................

3 percent
average
discount
rate

7 percent
average
discount
rate

$6.75
7.03
7.31

$1.13
1.13
1.13

6097

In Table 9 below, the Agency
TABLE 8—INTERIM DOMESTIC SOCIAL
COST OF CO2 2020–2023 IN 2018 estimates the forgone reduction, in
DOLLARS PER METRIC TON—Contin- metric tons, of CO2 emissions per year.
ued

Year

3 percent
average
discount
rate

7 percent
average
discount
rate

7.59

1.13

2023 ..........................

TABLE 9—CHANGE IN CO2 EMISSIONS OF THE FINAL RULE
[In metric tons]
Scenario

2020

2021

2022

2023

Reference Case ...............................................................................................

325,754

541,599

432,936

216,288

Applying the interim domestic SCCO2 estimates presented in Table 8 to
the estimated forgone reduction in CO2

emissions attributable to this rule (as
shown in Table 9), FMCSA monetizes
the value of the forgone reduction. The

resulting values are presented below in
Tables 10, 11, and 12.

TABLE 10—VALUE OF FORGONE CO2 EMISSIONS REDUCTIONS, BY YEAR
[In millions of 2018 dollars, undiscounted]
Discount rate and statistic

2020

3 percent Avg .......................................................................
7 percent Avg .......................................................................

2021
($2)
(0.4)

2022
($4)
(1)

2023
($3)
(0.5)

Total
($2)
(0.2)

($11)
(2)

TABLE 11—VALUE OF FORGONE CO2 EMISSIONS REDUCTIONS, BY YEAR
[3% discount rate, in millions of 2018 dollars]
Discount rate and statistic

2020

3 percent Avg ...........................................
7 percent Avg ...........................................

2021
($2)
(0.4)

2022
($4)
(1)

2023
($3)
(0.5)

Total
($2)
(0.2)

($10)
(2)

Annualized
($3)
(0.4)

TABLE 12—VALUE OF FORGONE CO2 EMISSIONS REDUCTIONS, BY YEAR
[7 percent discount rate, in millions of 2018 dollars]
Discount rate and statistic

2020

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3 percent Avg ...........................................
7 percent Avg ...........................................

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2021
($2)
(0.4)

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2022
($4)
(1)

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($3)
(0.4)

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($1)
(0.2)

04FER1

($10)
(2)

Annualized
($3)
(0.5)

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Federal Register / Vol. 85, No. 23 / Tuesday, February 4, 2020 / Rules and Regulations

Total Benefits of the Interim Final
Rule

In Table 13 below, we show the
annualized (over 4 years, from 2020 to
2023) benefits of this rule. FMCSA
estimates the annualized forgone

benefits for this rule to be $108 million
at a 3 percent discount rate and $112
million at a 7 percent discount rate.18

TABLE 13—TOTAL BENEFITS OF THE FINAL RULE
[In millions of 2018 dollars]
Undiscounted
total

Year
2020
2021
2022
2023

7 percent
discount rate

($86)
(146)
(120)
(62)

($86)
(142)
(113)
(61)

($86)
(137)
(105)
(50)

Total ....................................................................................................................

(414)

(403)

(378)

Annualized .................................................................................................................

..............................

(108)

(112)

B. E.O. 13771 (Reducing Regulation and
Controlling Regulatory Costs)
This rule will result in total costs less
than zero, and qualifies as an E.O. 13771
deregulatory action. The present value
of the cost savings of this rule, measured
on an infinite time horizon at a 7
percent discount rate, expressed in 2016
dollars, and discounted to 2020 (the
year the rule goes into effect and cost
savings will first be realized), is $627
million. On an annualized basis, these
cost savings are $44 million.
For the purpose of E.O. 13771
accounting, the April 5, 2017, OMB
guidance requires that agencies also
calculate the costs and cost savings
discounted to year 2016. In accordance
with this requirement, the present value
of the cost savings of this rule, measured
on an infinite time horizon at a 7
percent discount rate, expressed in 2016
dollars, and discounted to 2016, is $478
million. On an annualized basis, these
cost savings are $33 million.

to consider the effects of the regulatory
action on small business and other
small entities and to minimize any
significant economic impact. 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
50,000.20Accordingly, 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,
as discussed earlier in the
‘‘Administrative Procedure Act—‘‘Good
Cause’’ Exception’’ section, this action
is not subject to notice and comment
under section 553(b) of the APA.

CONTACT section of this interim 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. Assistance for Small Entities

D. Regulatory Flexibility Act (Small
Entities)
The Regulatory Flexibility Act 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), requires Federal agencies

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, Mr. Richard Clemente,
listed in the FOR FURTHER INFORMATION

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.
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
$165 million (which is the value
equivalent of $100,000,000 in 1995,
adjusted for inflation to 2018 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 XI,
subsections A. and B., above.

18 When aggregating total benefits for both 3
percent and 7 percent discount rates (Table 13), the
Agency utilized the 3 percent average rate SC-CO2
model (as seen in Table 8) for the forgone CO2
emissions reductions inputs (Tables 11 and 12).
Had we used the 7 percent average rate, the
annualized values would have been $106 million at
a 3 percent discount rate and $109 at a 7 percent
discount rate.

19 A ‘‘major rule’’ means any rule that the
Administrator of Office of Information and
Regulatory Affairs at the Office of Management and
Budget 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 foreignbased enterprises in domestic and export markets
(5 U.S.C. 804(2)).
20 Regulatory Flexibility Act (5 U.S.C. 601 et seq.)
see National Archives at http://www.archives.gov/
federal-register/laws/regulaotry-flexibility/601.html.

C. Congressional Review Act
Pursuant to the Congressional Review
Act (5 U.S.C. 801, et seq.), the Office of
Information and Regulatory Affairs
designated this rule as a ‘‘major rule,’’
as defined by 5 U.S.C. 804(2).19

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3 percent
discount rate

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F. Unfunded Mandates Reform Act of
1995

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G. Paperwork Reduction Act
This rule calls for a collection of
information under the Paperwork
Reduction Act of 1995 (44 U.S.C. 3501–
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 is currently being
revised as part of its renewal cycle, and
as required by the PRA (44 U.S.C.
3507(d)), FMCSA will submit its
estimate of the burden of the proposal
contained in this interim final rule to
the Office of Management and Budget
(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 will publish the 30-day notice
in the Federal Register, reflecting the
changes made by this IFR.
It is the agency’s intent to obtain OMB
approval for the revised collection of
information in advance of the new
compliance date so that training
providers may complete the TPR
registration process and begin uploading
student certificates as soon as the TPR
is available, even if prior to the new
compliance date of February 7, 2022.
You are not required to respond to a
collection of information unless it
displays a currently valid OMB control
number.

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H. E.O. 13132 (Federalism)
A rule has implications for
Federalism under Section 1(a) of
Executive Order 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.
I. E.O. 12988 (Civil Justice Reform)
This interim final rule meets
applicable standards in sections 3(a)

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and 3(b)(2) of E.O. 12988, Civil Justice
Reform, to minimize litigation,
eliminates ambiguity, and reduce
burden.
J. E.O. 13045 (Protection of Children)
E.O. 13045, Protection of Children
from Environmental Health Risks and
Safety Risks (62 FR 19885, Apr. 23,
1997), requires agencies issuing
‘‘economically significant’’ rules, if the
regulation also concerns an
environmental health or safety risk that
an agency has reason to believe may
disproportionately affect children, to
include an evaluation of the regulation’s
environmental health and safety effects
on children. While this interim final
rule is economically significant, the
Agency does not anticipate that this
regulatory action could in any respect
present an environmental or safety risk
that could disproportionately affect
children.
K. E.O. 12630 (Taking of Private
Property)
FMCSA reviewed this interim final
rule in accordance with E.O. 12630,
Governmental Actions and Interference
with Constitutionally Protected Property
Rights, and has determined it will not
effect a taking of private property or
otherwise have taking implications.
L. Privacy
The Consolidated Appropriations Act,
2005, (Pub. L. 108–447, 118 Stat. 2809,
3268, 5 U.S.C. 552a note), requires the
Agency to conduct a privacy impact
assessment (PIA) of a regulation that
will affect the privacy of individuals.
This rule does not change the collection
of personally identifiable information
(PII) as set forth in the 2016 ELDT final
rule. The supporting PIA, 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.

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6099

M. E.O. 12372 (Intergovernmental
Review)
The regulations implementing E.O.
12372 regarding intergovernmental
consultation on Federal programs and
activities do not apply to this program.
N. E.O. 13211 (Energy Supply,
Distribution, or Use)
FMCSA has analyzed this interim
final rule under E.O. 13211, Actions
Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use. The Agency has
determined that it is not a ‘‘significant
energy action’’ under that order because,
though it is a ‘‘significant regulatory
action,’’ it is not likely to have a
significant adverse effect on the supply,
distribution, or use of energy. The
Administrator of the Office of
Information and Regulatory Affairs has
not designated it as a significant energy
action. Therefore, it does not require a
Statement of Energy Effects under
Executive Order 13211.
O. 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.
P. National Technology Transfer and
Advancement Act (Technical
Standards)
The National Technology Transfer
and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use
voluntary consensus standards in their
regulatory activities unless the agency
provides Congress, through OMB, with
an explanation of why using these
standards would be inconsistent with
applicable law or otherwise impractical.
Voluntary consensus standards (e.g.,
specifications of materials, performance,
design, or operation; test methods;
sampling procedures; and related
management systems practices) are
standards that are developed or adopted
by voluntary consensus standards
bodies. This rule does not use technical
standards. Therefore, FMCSA did not
consider the use of voluntary consensus
standards.
Q. Environment
The National Environmental Policy
Act of 1969 (NEPA) (42 U.S.C. 4321 et
seq.) requires Federal agencies to

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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 interim final rule will
only delay the compliance date of the
ELDT final rule without any other
substantive change to the regulations,
FMCSA continues to rely upon the
previously published EA to support this
interim final rule. As noted in that EA,
implementation of the 2016 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 EA
included air quality, hazardous
materials transportation, solid waste,
and public safety. Specifically, as
outlined in the 2016 RIA for the ELDT
final rule, 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
today’s final rule, FMCSA estimates the
forgone environmental benefits for years
2020 through 2023. As mentioned
above, today’s final rule temporally
shifts the benefits of the 2016 final rule
by two years but otherwise retains the
overall environmental impacts of the
2016 final rule.
R. E.O. 13783 (Promoting Energy
Independence and Economic Growth)
E.O. 13783 directs executive
departments and agencies to review
existing regulations that potentially
burden the development or use of
domestically produced energy
resources, and to appropriately suspend,
revise, or rescind those that unduly

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burden the development of domestic
energy resources. In accordance with
E.O. 13783, DOT prepared and
submitted a report to the Director of
OMB that provides specific
recommendations that, to the extent
permitted by law, could alleviate or
eliminate aspects of agency action that
burden domestic energy production.
This interim final rule has not been
identified by DOT under E.O. 13783 as
potentially alleviating unnecessary
burdens on domestic energy production.
List of Subjects
49 CFR Part 380
Administrative practice and
procedure, Highway safety, Motor
carriers, Reporting and recordkeeping
requirements.
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 amends 49 CFR parts
380, 383, and 384 as follows:
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, 31502; sec. 4007(a) and (b),
Pub. L. 102–240, 105 Stat. 1914, 2151; sec.
32304, Pub. L. 112–141, 126 Stat. 405, 791;
and 49 CFR 1.87.
[Amended]

2. Amend § 380.600 by removing the
year ‘‘2020’’ and adding in its place the
year ‘‘2022’’.

■

§ 380.603

§ 383.71

[Amended]

3. In § 380.603, amend paragraphs (b)
and (c)(1) and (2) by removing the year
‘‘2020’’ and adding in its place the year
‘‘2022’’.

■

PART 383—COMMERCIAL DRIVER’S
LICENSE STANDARDS;
REQUIREMENTS AND PENALTIES

[Amended]

5. In § 383.71, amend paragraphs
(a)(3), (b)(11), and (e)(5) by removing the
year ‘‘2020’’ and adding in its place the
year ‘‘2022’’.
■ 6. Amend § 383.73:
■ a. By revising paragraphs (b)(3)
introductory text and (b)(3)(ii);
■ b. In paragraph (b)(11) by removing
the year ‘‘2020’’ and adding in its place
the year ‘‘2022’’;
■ c. By revising paragraph (e)(9); and
■ d. In paragraph (p) by removing the
year ‘‘2020’’ and adding in its place the
year ‘‘2022’’.
The revisions read as follows:
■

§ 383.73

49 CFR Part 383

§ 380.600

94, 129 Stat. 1312, 1546, 1593; and 49 CFR
1.87.

State procedures.

*
*
*
*
(b) * * *
(3) Initiate and complete a check of
the applicant’s driving record to ensure
that the person is not subject to any
disqualification under § 383.51, or any
license disqualification under State law,
and does not have a driver’s license
from more than one State or
jurisdiction. The record check must
include, but is not limited to, the
following:
*
*
*
*
*
(ii) A check with the CDLIS to
determine whether the driver applicant
already has been issued a CDL, whether
the applicant’s license has been
disqualified, or if the applicant has been
disqualified from operating a
commercial motor vehicle;
*
*
*
*
*
(e) * * *
(9) Beginning on February 7, 2022, not
conduct a skills test of an applicant for
an upgrade to a Class A or Class B CDL,
or a passenger (P), school bus (S)
endorsement, or administer the
knowledge test to an applicant for the
hazardous materials (H) endorsement,
unless the applicant has completed the
training required by subpart F of part
380 of this subchapter.
*
*
*
*
*
PART 384—STATE COMPLIANCE
WITH COMMERCIAL DRIVER’S
LICENSE PROGRAM

4. The authority citation for part 383
continues to read as follows:

■

Authority: 49 U.S.C. 521, 31136, 31301 et
seq., and 31502; secs. 214 and 215 of Pub. L
106–159, 113 Stat. 1748, 1766, 1767; sec.
1012(b) of Pub. L. 107–56; 115 Stat. 272, 297,
sec. 4140 of Pub. L. 109–59, 119 Stat. 1144,
1746; sec. 32934 of Pub. L. 112–141, 126 Stat.
405, 830; secs. 5401 and 7208 of Pub. L. 114-

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.

■

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7. The authority citation for part 384
continues to read as follows:

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Federal Register / Vol. 85, No. 23 / Tuesday, February 4, 2020 / Rules and Regulations
§ 384.230

[Amended]

8. Amend § 384.230 by removing the
year ‘‘2020’’ and adding in its place the
year ‘‘2022’’ wherever it appears.

■

§ 384.301

[Amended]

9. In § 384.301, amend paragraph (k)
by removing the year ‘‘2020’’ and
adding in its place the year ‘‘2022’’.

■

Issued under the authority of delegation in
49 CFR 1.87.
Dated: January 23, 2020.
Jim Mullen,
Acting Administrator.
[FR Doc. 2020–01548 Filed 2–3–20; 8:45 am]
BILLING CODE 4910–EX–P

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 300
[Docket No. 180716667–9383–02; RTID
0648–XW017]

International Fisheries; Pacific
Fisheries; 2019 Commercial Pacific
Bluefin Tuna Inseason Actions; Notice
of Commercial Pacific Bluefin Tuna
2020 Catch Limit
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Announcements of 2019 trip
limit modifications and 2020 catch
limit.
AGENCY:

NMFS took two inseason
actions in the commercial Pacific
bluefin tuna fishery in 2019. On August
4, 2019, the commercial Pacific bluefin
tuna trip limit was reduced to two
metric tons (mt). On August 11, the
commercial Pacific bluefin tuna trip
limit was increased to 15 mt.
Additionally, NMFS is using this notice
to announce the Pacific bluefin tuna
catch limit for U.S. commercial fishing
vessels for 2020, which is 356 mt.
DATES: Inseason Action #1 was effective
at 6 a.m. Pacific Daylight Time (PDT) on
August 4, 2019. Inseason Action #2 was
effective at 12 a.m. PDT on August 11,

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SUMMARY:

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2019. The 2020 catch limit is effective
January 1, 2020, through December 31,
2020.
FOR FURTHER INFORMATION CONTACT:
Celia Barroso, NMFS, West Coast
Region, 562–432–1850.
SUPPLEMENTARY INFORMATION:

caught Pacific bluefin tuna had been
caught to date; consequently, NMFS
determined Inseason Action #1 to
reduce the trip limit was premature. In
accordance with the 2019–2020
regulations, NMFS increased the trip
limit again.

Background
On May 1, 2019, NMFS published a
final rule establishing trip and catch
limits for the commercial Pacific bluefin
tuna fishery (84 FR 18409). The rule
established a 630 mt biennial limit for
2019 and 2020, combined, not to exceed
425 mt in a single year. NMFS estimates
that 274 mt was caught in 2019;
consequently, the commercial Pacific
bluefin tuna catch limit for 2020 is 356
mt. The rule also established a 15-mt
trip limit until catch was within or
expected to be within 50 mt of the
annual limit, at which time the trip
limit would be reduced, through
inseason action, to two mt. In other
words, the trip limit is reduced to two
mt when NMFS anticipates that the
Pacific bluefin tuna harvest level
reaches 375 mt (based on rules and
assumptions set forth in the final
rulemaking, including pre-trip
notifications and catch information).
Any inseason action would be in effect
on the date and time posted on the
NMFS website, immediately followed
up by a notice to mariners by the U.S.
Coast Guard, and when practicable,
publication in the Federal Register. If
inseason action was taken prematurely,
NMFS could reverse the action using
the same inseason action process
described above. This Federal Register
notice announces two inseason actions
taken in 2019 and the 2020 catch limit.

2020 Catch Limit

Inseason Actions
Inseason Action #1: At 6 a.m. PDT on
August 4, 2019, in anticipation of the
Pacific bluefin tuna harvest level
reaching 375 mt, the commercial Pacific
bluefin tuna trip limit was reduced to
two mt.
Inseason Action #2: At 12 a.m. PDT
on August 11, 2019, NMFS increased
the commercial Pacific bluefin tuna trip
limit to 15 mt. NMFS evaluated all
available information on catches and
estimated that 236 mt of commercially-

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The commercial Pacific bluefin tuna
catch limit for 2020 is 356 mt based on
the factors described under Background.
Classification
NOAA’s Assistant Administrator (AA)
for NMFS finds that good cause exists
for this notification to be issued without
affording prior notice and opportunity
for public comment under 5 U.S.C.
553(b)(B) because such notification
would be impracticable. As previously
noted, actual notice of the regulatory
action was provided to fishermen
through posting on the website, and
followed up with radio notification.
This action complies with the
requirements of the annual management
measures for the commercial Pacific
bluefin tuna fishery (84 FR 18409, May
1, 2019) and implementing regulations
under 50 CFR 300.25. Prior notice and
opportunity for public comment was
impracticable because NMFS had
insufficient time to provide for prior
notice and the opportunity for public
comment between the time catch was
estimated and the time the fishery
modifications had to be implemented in
order to ensure that the catch limits
were not exceeded. The AA also finds
good cause to waive the 30-day delay in
effectiveness required under 5 U.S.C.
553(d)(3), as a delay in effectiveness of
this action would allow fishing at levels
inconsistent with the goals of the
current management measures.
This action is authorized by 50 CFR
300.25 and is exempt from review under
Executive Order 12866.
Authority: 16 U.S.C. 951 et seq.
Dated: January 22, 2020.
Karyl K. Brewster-Geisz,
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 2020–01329 Filed 2–3–20; 8:45 am]
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File Modified	2020-02-04
File Created	2020-02-04