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Federal Register / Vol. 86, No. 192 / Thursday, October 7, 2021 / Rules and Regulations
and FMCSA does not respond to these suggestions in this final rule.

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VII. International Impacts FMCSAs drug and alcohol program requirements apply to drivers who are licensed in Canada and Mexico and operate CMVs in commerce in the United States, and to their employers 49 CFR 382.103a. Accordingly, foreign-licensed drivers and their employers are subject to the CMV
driving prohibitions set forth in 49 CFR
382.501a and b. Canadian and Mexican licensing authorities are not authorized users of the Clearinghouse, however, as MAP21 granted direct access only to the SDLAs in the 50
States and the District of Columbia.
In the NPRM, FMCSA described how it would enforce the CMV driving prohibition for drivers licensed in Canada and Mexico. Currently, a foreign-licensed drivers operating status is available to enforcement officials. Enforcement personnel who electronically initiate a foreign-licensed driver status request through cdlis.dot.gov or Query Central can discern that, under 382.501a, the driver is prohibited from operating a CMV in the United States. The foreignlicensed driver is cited for violating the driving prohibition and placed out of service at roadside.
FMCSA also notifies the foreignlicensed driver that he/she is prohibited from operating a CMV within the borders of the United States until he or she complies with RTD requirements, as required by 382.503. When the drivers negative RTD test is reported to the Clearinghouse, FMCSA removes the prohibited status designation from the Clearinghouse and notifies the driver that the individual is no longer prohibited from operating a CMV in the United States. In addition, FMCSA
notifies drivers if they are erroneously identified as prohibited from operating a CMV and removes the prohibited status from the Clearinghouse. The Agency notes that, because these procedures rely on FMCSAs existing enforcement authority, no revision to 49
CFR parts 382, 383, or 384 is necessary.
VIII. Privacy Act Applicability MAP21 requires that the release of information from the Clearinghouse comply with the applicable provisions of the Privacy Act of 1974 49 U.S.C.
31306ad1. The Privacy Act 5 U.S.C.
552a prohibits the disclosure of information maintained in a Federal system of records, except to the extent disclosures are specifically permitted by the Privacy Act, or pursuant to a written request by, or with the prior written
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consent of, the individual to whom the record pertains.25 Section b3 of the Privacy Act permits disclosure of information from a system of records when the disclosure is a routine use.
As defined in 5 U.S.C. 552aa7, the term routine use means, with respect to the disclosure of a record, the use of such record for a purpose which is compatible with the purpose for which it was collected. Under the Privacy Act, each routine use for a record maintained in the system, including the categories of users and the purpose of such use, must be included in a System of Records Notice SORN published in the Federal Register.
The Agency published a SORN for the new system of records titled Drug and Alcohol Clearinghouse Clearinghouse, on October 22, 2019
84 FR 56521. The SORN describes the information to be maintained in the Clearinghouse and the circumstances under which the drivers consent must be obtained prior to the release of information to a current or prospective employer. The SORN also identifies the general and specific routine uses applicable to the Clearinghouse, including the disclosure of a drivers CMV operating status prohibited or not prohibited to an SDLA. As explained in the SORN, this routine use permits the SDLA to verify the drivers eligibility to obtain or hold a CLP or CDL, as required by MAP21.
IX. Explanation of Changes From the NPRM
49 CFR Part 382
Currently 49 CFR 382.725a1
permits SDLAs to access DACH
information for CDL applicants on a voluntary basis until January 6, 2023;
subparagraph a2 requires the SDLA
to check the DACH prior to issuing a CDL on or after January 6, 2023. In the NPRM, FMCSA proposed to revise 49
CFR 382.725 by combining subparagraphs a1 and 2, which would account for the fact that, as of the compliance date of this final rule, subparagraph a1, granting SDLAs permissive access to the DACH, would be moot. However, FMCSAs proposed revision inadvertently eliminated the permissive Clearinghouse access provision for SDLAs, which the Agency adopted in the 2019 final rule extending the compliance date for the SDLAs mandatory query requirements in 49
CFR 382.725 and 383.73.26 FMCSA
25 See 5 U.S.C. 552ab. The Clearinghouse final rule requires the individuals prior written consent for the release of certain Clearinghouse records to employers. See 49 CFR 382.703.
26 84 FR 68052 Dec.13, 2019.

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added subparagraph 1 to 49 CFR
382.725a in 2019 so that States wishing to voluntarily access the DACH
could do so until the compliance date established by this final rule. Consistent with that intent, the Agency retains 49
CFR 382.725a1 and changes the compliance date to November 18, 2024.
FMCSA also revises subparagraph a1
to clarify that SDLAs may check the DACH record of CLP applicants. As proposed, FMCSA updates the compliance date for the mandatory query and requires that CLP holders be included within the scope of the mandatory query in subparagrapha2.
The Agency adopts the proposed revisions to 49 CFR 382.503 and 382.717 without change.
49 CFR Parts 390 and 392
FMCSA also adopts a 3-year compliance date for the requirements set forth in 49 CFR 390.3, 390.3T and 392.15. The Agency makes this change to comply with 49 CFR 350.303b, which requires that, no later than 3
years after the effective date of any new amendment to the FMCSRs, the State must amend its laws, regulations, standards, and orders to ensure compatibility.
49 CFR 383.73a3, b10, c10, d9, e8, and f4
FMCSA adopts the non-issuance requirements in 49 CFR 383.73 as proposed, but for one minor change: in 383.73d9, the H endorsement is added to the scope of the provision, to clarify that, if a driver seeking to renew the H endorsement is prohibited from operating a CMV, the SDLA must not renew the endorsement.
49 CFR 383.73q As noted above, the Agency adopts the mandatory downgrade requirement, proposed as one of two regulatory alternatives, in this final rule. FMCSA
made two changes in the downgrade procedures set forth in 49 CFR
383.73q. First, the time period in which SDLAs must complete and record the downgrade on the CDLIS driver record is extended from 30 days, as proposed, to 60 days from the date the SDLA receives notification from FMCSA
of the drivers prohibited status. The Agency makes this change in response to comments that 30 days did not provide adequate time for some SDLAs to comply with driver notice and other State-based due process requirements.
The final rule does not prohibit SDLAs from completing the downgrade in less than 60 days, if their State processes permit them to do so. Second, the Agency adds a requirement, set forth in
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