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35640
382.705

Federal Register / Vol. 86, No. 127 / Wednesday, July 7, 2021 / Rules and Regulations Reporting to the Clearinghouse.

b
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iii Documentation, including, but not limited to, electronic mail or other correspondence, or an affidavit, showing that the C/TPA reporting the violation was authorized to act as a service agent for an employer who employs himself/herself as a driver pursuant to paragraph b6 of this section when the reported refusal occurred if applicable; and iv Documentation, including a certificate of service or other evidence, showing that the employer provided the employee with all documentation reported under paragraph b3 of this section if applicable.

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vii A certificate of service or other evidence showing that the employer provided the employee with all information reported under paragraph b4 of this section if applicable.

12. Amend 382.717 by revising the section and paragraph a headings and paragraph a1 to read as follows:
382.717 Procedures for correcting certain information in the database.

a Petitions limited to incorrectly reported information. 1 Under this section, petitioners may request only that administrative errors be corrected e.g., errors in data entry or a duplicate report of a positive test result;
petitioners may not contest the accuracy of test results, test refusals, or other
383.3

violation information, under this section.

Applicability.

13. Amend 382.725 by revising paragraph c to read as follows:

382.725 Access by State licensing authorities.

c The chief commercial drivers licensing officials use of information received from the Clearinghouse is limited to determining an individuals qualifications to operate a commercial motor vehicle. No chief commercial drivers licensing official may divulge or permit any other person or entity to divulge any information from the Clearinghouse to any person or entity not directly involved in determining an individuals qualifications to operate a commercial motor vehicle.

PART 383COMMERCIAL DRIVERS
LICENSE STANDARDS;
REQUIREMENTS AND PENALTIES
14. The authority citation for part 383
is revised to read as follows:

Authority: 49 U.S.C. 521, 31136, 31301 et seq., 31502; secs. 214 and 215, Pub. L. 106
159, 113 Stat. 1748, 1766, 1767; sec. 1012b, Pub. L. 10756, 115 Stat. 272, 397 49 U.S.C.
31305a5; sec. 4140, Pub. L. 10959, 119
Stat. 1144, 1746; sec. 32934, Pub. L. 112141, 126 Stat. 405, 830; secs. 5401 and 7208, Pub.
L. 11494, 129 Stat. 1312, 1546, 1593 49
U.S.C. 31305d; and 49 CFR 1.87.

c Exception for certain military drivers. Each State must exempt from the requirements of this part individuals who operate CMVs for military purposes. This exception is applicable to active duty military personnel;
members of the military reserves;
members of the national guard on active duty, including personnel on full-time national guard duty, personnel on parttime national guard training, and national guard military technicians civilians who are required to wear military uniforms; and active duty U.S.
Coast Guard personnel. This exception is not applicable to U.S. Reserve technicians.

16. Amend 383.5 by revising the introductory text and paragraph 1 of the definition of Commerce to read as follows:
383.5

Commerce means:
1 Any trade, traffic, or transportation within the jurisdiction of the United States between a place in a State and a place outside of such State, including a place outside of the United States; or

17. In 383.51, amend table 1 to 383.51 in paragraph b by revising entry 6 to read as follows:
383.51

15. Amend 383.3 by revising paragraph c to read as follows:

Definitions.

Disqualification of drivers.

b

TABLE 1 TO 383.51

If a driver operates a motor vehicle and is convicted of:

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6 Using the vehicle to commit a felony, other than a felony described in paragraph b9 or 10 of this table .

For a first conviction or refusal to be tested while operating a nonCMV, a CLP or CDL
holder must be disqualified from operating a CMV for

For a first conviction or refusal to be tested while operating a CMV
transporting hazardous materials as defined in 383.5, a person required to have a CLP
or CDL and a CLP or CDL holder must be disqualified from operating a CMV for

For a second conviction or refusal to be tested in a separate incident of any combination of offenses in this Table while operating a CMV, a person required to have a CLP or CDL
and a CLP or CDL
holder must be disqualified from operating a CMV for

For a second conviction or refusal to be tested in a separate incident of any combination of offenses in this Table while operating a nonCMV, a CLP or CDL
holder must be disqualified from operating a CMV for

1 year 1 year

3 years

Life

Life.

For a first conviction or refusal to be tested while operating a CMV, a person required to have a CLP or CDL
and a CLP or CDL
holder must be disqualified from operating a CMV for

18. Amend 383.91 by revising figure 1 after paragraph d to read as follows:

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383.91
groups.

PO 00000

Commercial motor vehicle

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