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Federal Register / Vol. 86, No. 192 / Thursday, October 7, 2021 / Rules and Regulations
CDLIS platform would make a separate SDLA query to the Clearinghouse unnecessary. Adding the prohibition to part 392 is entirely unrelated to the SDLAs CDLIS check, and the NPRM
did not suggest any connection between the two.

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Actual Knowledge Violations Based on Issuance of Citation for DUI in a CMV
Under 49 CFR 382.107, employers have actual knowledge of a drivers prohibited drug or alcohol use if they are aware that the driver was issued a traffic citation for DUI in a CMV; under the 2016 Clearinghouse final rule, the actual knowledge violations must be reported to the Clearinghouse. Drivers who are not convicted of the offense may petition to have the actual knowledge violation removed from their Clearinghouse record. The NPRM
clarified that under current regulations, when a CLP or CDL holder is cited for DUI in a CMV, the driver has engaged in conduct prohibited by 49 CFR part 382, subpart B, regardless of whether the driver is ultimately convicted of the offense. FMCSA proposed, therefore, that reports of actual knowledge based on the issuance of a traffic citation for DUI in a CMV should remain in the Clearinghouse for 5 years, regardless of whether the driver is convicted; drivers not convicted of the offense could add evidence of non-conviction to their Clearinghouse record so that future prospective employers would be aware that the driver, though charged with DUI in a CMV, was not convicted of the offense.
Comments: The ATA supported the proposed revision, commenting that it would ensure compliance with the Clearinghouses statutory requirements to include all DOT alcohol and drug violations while providing fairness to drivers and full disclosure to employers. The Trucking Alliance was also in favor of the change, noting that conviction of a traffic citation is a separate issue and carries different consequences. There were no comments opposing the proposed revision.
FMCSA Response: As proposed, the final rule requires that actual knowledge violations based on this issuance of a traffic citation 22 for DUI in a CMV
remain in the Clearinghouse for 5 years, commensurate with other drug and alcohol prohibitions identified in 49
22 In 2019, the Agency amended 49 CFR 382.107
to clarify that traffic citation, as the term is used in the definition of actual knowledge in 382.107, means a ticket, complaint, or other document charging driving a CMV while under the influence of alcohol or controlled substances. See 84 FR
51427, 51428 Sept. 30, 2019.

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CFR part 382, subpart B.23 Drivers may submit documentary evidence of nonconviction to their Clearinghouse record, which will ensure future prospective employers who conduct pre-employment queries on the driver will be aware that the driver was not convicted of DUI in a CMV by viewing his/her Clearinghouse record.
Proposed Change to 49 CFR 382.503
Resumption of Safety-Sensitive Functions This section currently provides that a driver who has engaged in conduct prohibited by 49 CFR part 382, subpart B, must not perform safety-sensitive functions, including operating a CMV, until completing RTD requirements.
Under Alternative 1, the NPRM
proposed to clarify this provision by stating that a driver whose CLP or CDL
was downgraded, in accordance with 49
CFR 383.73q, could not resume driving a CMV until the State restored the commercial driving privilege to the drivers license.
Comment: AAMVA interpreted the proposed change to mean that a driver may only resume driving operations once the driver record transaction has been completed by the SDLAs, and noted that the possible conflict in timing of clearance creates an inequity for drivers that is inconsistent with Clearinghouse law.
FMCSA Response: AAMVA correctly interprets the proposed change, which is adopted in this final rule. As discussed in the NPRM, FMCSA is aware that processes for reinstating the CLP/CDL privilege following a downgrade vary among the States.
Depending on applicable State procedures, a gap may exist between the time the SDLA receives notification that the driver is no longer prohibited from operating a CMV, and the time the SDLA restores the CLP or CDL to the drivers license. The amendment to 49
CFR 382.503, by implicitly recognizing this possibility, is intended to clarify that an individual may not resume driving a CMV until fully licensed to do so. In the NPRM, FMCSA acknowledged that drivers and their employers may incur modest opportunity costs during this gap period and estimated what those costs would be. The Agencys estimates of motor carrier and driver opportunity costs related to reinstatement following completion of RTD are discussed further below in Section XI.
23 49 U.S.C. 31306ag6A requires that violations be retained in the Clearinghouse for 5
years; this requirement is set forth in 49 CFR
382.719a4.

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Transmission of Clearinghouse Information to the SDLAs FMCSA proposed two alternatives for the electronic transmission of the drivers CMV operating status prohibited or not prohibited to SDLAs:
1 The existing CDLIS platform; or 2
a web-based service call, which would require an electronic interface between the SDLA and the Clearinghouse. We invited comment on the alternatives, and asked whether States should have the option to determine which method of electronic transmission would best suit their existing IT infrastructure.
Comments: Some State commenters addressing this question preferred the CDLIS platform, while others were unsure which option would be more efficient. The NYSDMV opposed shifting to a web-based system when CDLIS is an established working system that meets all our needs. The Virginia DMV commented that CDLIS would be a more efficient and cost-effective alternative, noting that SDLAs already use CDLIS to obtain other information during licensing transactions. The Nebraska DMV strongly preferred using the existing CDLIS platform for electronic transmission of Clearinghouse information during time of issuance. Illinois said that CDLIS is currently the most efficient option but noted that they are in the process of system modernization so this may change to web based by the time this program is implemented. AAMVA
recommended that the final rule be developed in such a way that the technology solution is not prescriptive and affords states maximum flexibility in complying with regulatory requirements.
FMCSA Response: The comments reflect that States have varying IT
system capabilities and resources. The Agency, therefore, does not establish a specific method of electronic transmission in the final rule. As AAMVA noted, a non-prescriptive IT
requirement will allow each SDLA the flexibility to determine the IT solution that is the best fit for them. FMCSA will work closely with AAMVA and the States in developing system specifications that will accommodate the States use of the CDLIS platform, as well as web-based alternatives, to request and receive information from the Clearinghouse.
Compliance Date FMCSA requested comment on how long it would take States to implement changes to their IT systems that would enable them to electronically request and receive Clearinghouse information,
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