The Federal Motor Carrier Safety Administration (FMCSA) has announced a notice in the Federal Register seeking public comments on an application from the Commercial Vehicle Safety Alliance (CVSA). Treated as a request for exemption, the application aims to allow motor carriers and commercial drivers to continue relying on paper copies of the medical examiner's certificate (MEC) as proof of medical certification. This comes amid ongoing delays in the full implementation of the Medical Examiner's Certification Integration (NRII) final rule across all 50 states and the District of Columbia. Published on February 6, 2026, the notice highlights challenges in transitioning from paper-based to electronic systems for driver medical certifications, with comments due by March 9, 2026. The move addresses uneven state adoption, where 42 states and the District of Columbia have implemented NRII, but eight states have not, creating administrative burdens for the industry. This development underscores the tension between regulatory modernization and practical enforcement needs in commercial transportation safety.
Background on NRII Rule
The NRII final rule, published by FMCSA in 2015 (80 FR 22790, April 23, 2015), sought to streamline the sharing of driver medical certification information. It replaced outdated paper processes with a secure electronic transmission system. Compliance deadlines were extended multiple times, with the most recent extension setting June 23, 2025, as the final date (86 FR 32643, June 22, 2021). Under NRII, certified medical examiners document physical qualification exams using specific forms and transmit results electronically to FMCSA's National Registry. This information is then shared with State Driver's Licensing Agencies (SDLAs) and posted to the Commercial Driver's License Information System (CDLIS).
The rule eliminated the need for medical examiners to issue paper MECs to commercial learner's permit (CLP) applicants and commercial driver's license (CDL) holders after June 23, 2025. Drivers no longer submit paper certificates to SDLAs, as electronic transmission handles the process (49 CFR 391.43(g)(2)(ii)). Provisions allowing reliance on paper MECs for up to 15 days post-issuance also expired on 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)). These changes aimed to reduce fraud, improve efficiency, and ensure accurate records, but implementation has varied by state.
Current Regulatory Challenges and Waivers
As of the notice's publication, 42 states and the District of Columbia have adopted NRII, while eight states continue to depend on paper MECs. This patchwork creates enforcement inconsistencies for interstate operations. FMCSA has issued temporary waivers to mitigate disruptions. On July 14, 2025, a waiver allowed reliance on paper MECs for up to 15 days post-issuance. This was expanded to 60 days on August 21, 2025, and reissued effective October 13, 2025, and January 11, 2026.
These waivers maintained core safety requirements, such as the need for drivers to be medically certified, without altering physical qualification standards. FMCSA determined that the waivers achieved an equivalent level of safety, as they preserved certification mandates while accommodating implementation gaps.
CVSA's Application Details
CVSA, a nonprofit organization representing commercial motor vehicle safety officials and industry stakeholders, submitted a request labeled as guidance but treated by FMCSA as an exemption application. CVSA seeks permission for drivers to carry paper MECs to demonstrate compliance, citing challenges from uneven NRII rollout. Motor carriers face increased costs and administrative burdens due to varying state requirements.
If granted, the exemption would apply for one year, allowing reliance on paper MECs for up to 60 days after issuance. It would exempt parties from the June 22, 2025, end date and the 15-day limit in specified regulations (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)). CVSA argues this mirrors the current waiver's flexibility, ensuring safety while states complete NRII adoption.
Legal Basis and FMCSA's Process
FMCSA's authority stems from 49 U.S.C. 31136(e) and 31315(b), enabling exemptions if they maintain equivalent safety levels. The agency must publish notices, solicit comments, and evaluate applications based on safety analyses (49 CFR 381.315). Decisions require assessing whether the exemption matches or exceeds safety without it (49 U.S.C. 31315(b)(1)). If approved, FMCSA identifies the exempted provisions, duration, and conditions; denials explain the rationale.
FMCSA cannot issue CVSA's requested guidance due to conflicts with binding regulations, hence the exemption treatment. The notice invites comments on the proposal, including the 60-day timeframe, via regulations.gov or other methods, with a deadline of March 9, 2026.
Perspectives and Implications
Stakeholders offer varied views. Industry groups like CVSA emphasize operational relief, reducing burdens on carriers crossing state lines. Enforcement officials may support it for consistent roadside checks, avoiding confusion in non-NRII states. Critics, including safety advocates, might argue prolonged paper reliance delays NRII's benefits, such as fraud reduction. Short-term, the exemption could stabilize operations and minimize citations for drivers in transition states. Long-term, it highlights broader issues in federal-state coordination for transportation regulations, potentially influencing future rulemakings on digital integration.
In summary, FMCSA's notice addresses a critical gap in NRII implementation, balancing modernization with practical needs. Potential next steps include reviewing comments to decide on the exemption, possibly extending waivers if delays persist. Ongoing debates may focus on accelerating state adoption or enhancing federal support, while challenges remain in ensuring uniform safety standards across jurisdictions without compromising efficiency.
