Voglio sapere a riguardo di…

Federal Register / Vol. 86, No. 192 / Thursday, October 7, 2021 / Rules and Regulations 383.73q, new subparagraph 3, Reinstatement after Clearinghouse error correction, that SDLAs must promptly reinstate the commercial driving privilege following notification that FMCSA incorrectly identified the driver as prohibited from operating a CMV. Further, any reference to the drivers prohibited status must be expunged from his or her Statemaintained driving record. SDLAs will rely on their existing error correction processes to comply with these requirements.
49 CFR 383.5
The term CDL downgrade is currently defined, in 49 CFR 383.5, subparagraph 4 to reference a situation in which a State removes the CDL privilege from the drivers license. FMCSA proposed to amend the definition of CDL
downgrade in subparagraph 4 by specifying that the privilege is removed by changing the commercial status from licensed to eligible on the CDLIS
driver record. FMCSA also proposed to add a similar definition of CLP
downgrade to subparagraph 4. The Agency proposed the revisions to clarify how SDLAs would accomplish the downgrade. In the final rule, FMCSA
does not amend subparagraph 4 as proposed. Instead, the final rule amends subparagraph 4 only to clarify that the term CDL downgrade also includes the removal of the CLP privilege. The reason for this change from the proposal is that some commenters understood the proposed revisions to mean that States could remove the CLP or CDL only by changing the commercial status in the manner proposed. As explained above, that was not FMCSAs intention. At their discretion, SDLAs may also disqualify the CLP or CDL, in accordance with State law.
X. Section-by-Section Analysis FMCSA amends 49 CFR parts 382, 383, 384, 390, and 392 as follows.

lotter on DSK11XQN23PROD with RULES1

A. Part 382
Part 382 establishes controlled substances and alcohol use and testing requirements for CLP and CDL holders and their employers. FMCSA amends part 382 in the following ways.
Section 382.503
This section currently states that drivers who violate drug or alcohol use or testing prohibitions cannot resume safety-sensitive functions, including driving a CMV, until completing RTD
requirements. FMCSA designates the current provision as paragraph a. New paragraph b clarifies that drivers whose license was downgraded due to
VerDate Sep<11>2014

16:21 Oct 06, 2021

Jkt 256001

a drug and alcohol program violation cannot resume driving a CMV until the State reinstates the CLP or CDL
privilege.
Section 382.717
Under the current 382.717a2i, drivers may request that FMCSA remove from the Clearinghouse an employers report of actual knowledge, based on the issuance of a citation for driving under the influence DUI in a CMV, if the citation did not result in the drivers conviction. FMCSA revises subparagraph a2i by deleting the reference to removal of the employers actual knowledge report from the Clearinghouse and providing, instead, that the driver may request that FMCSA
add documentary evidence of nonconviction of the offense of DUI in a CMV to the drivers Clearinghouse record.
Section 382.725
Subparagraphs a1 and a2 of Section 382.725 currently state that, prior to January 6, 2023, SDLAs may determine whether a CDL applicant is qualified to operate a CMV by accessing the Clearinghouse as an authorized user, and that, beginning January 6, 2023, SDLAs must request information from the Clearinghouse for CDL applicants.
Section 382.725b currently provides that a driver applying for a CDL is deemed to have consented to the release of information from the Clearinghouse.
FMCSA amends 382.725a1 and 2
by changing the date from January 6, 2023, to November 18, 2024. FMCSA
also revises paragraphs a and b to clarify that the provisions also apply to CLP applicants.
B. Part 383
Part 383 sets forth the requirements for the issuance and administration of CLPs and CDLs. FMCSA amends part 383 in the following ways.
Section 383.5
Subparagraph 4 of the definition of CDL downgrade currently provides that the term means that a State removes the CDL privilege from the drivers license.
FMCSA revises subparagraph 4 to clarify that the term also includes the removal of the CLP privilege.
Section 383.73
FMCSA adds subparagraph 3 to paragraph a and revises paragraphs b10; c10; d9; e8; and f4 to require that if, in response to the required request for information, FMCSA notifies the SDLA that, pursuant to 382.501a, the individual is prohibited from operating a CMV, the
PO 00000

Frm 00049

Fmt 4700

Sfmt 4700

55733

SDLA must not complete the specified CLP, CDL, non-domiciled CDL, or nondomiciled CLP transaction, and must initiate the downgrade process, as set forth in new paragraph q. In addition, FMCSA makes a non-substantive conforming change to paragraphs b10; c10; d9; e8; and f4 by deleting the phrase in accordance with 382.725 of this chapter, which is unnecessary. FMCSA also revises paragraph d9 to clarify that the SDLA
must not renew an H endorsement if FMCSA notifies the SDLA that the individual is prohibited from operating a CMV, and must initiate a downgrade, as applicable. FMCSA revises paragraph f4 to clarify that the requirement also applies to non-domiciled CLPs.
FMCSA adds new paragraph q to specify the actions that SDLAs are required to take upon receipt of information from FMCSA. SDLAs must complete and record a CLP or CDL
downgrade on the CDLIS driver record within 60 days of receiving notification from FMCSA that the driver is prohibited from operating a CMV due to a drug and alcohol program violation.
SDLAs will rely on established State processes to initiate and complete the downgrade. Under subparagraph 1, headed Termination of the downgrade process when the driver is no longer prohibited, if FMCSA notifies the SDLA that the driver completed the RTD process before the SDLA completes and records the downgrade on the CDLIS driver record, the SDLA, if permitted by State law, must terminate the downgrade process at that point.
Subparagraph 2, headed Reinstatement after FMCSA
notification that the driver is no longer prohibited, provides that drivers who complete RTD after the downgrade is completed and recorded by the SDLA
will be eligible for reinstatement of the CLP or CDL privilege to their drivers license. Subparagraph 3, headed Reinstatement after Clearinghouse error correction, requires SDLAs to reinstate the CDL or CLP privilege to a drivers license as expeditiously as possible, following notification by FMCSA that the drivers prohibited status, previously reported to the SDLA, was based on erroneous Clearinghouse information. States must also clear the individuals driving record of any reference to the drivers prohibited status.
C. Part 384
The purpose of Part 384 is to ensure that the States comply with 49 U.S.C.
31311a. FMCSA amends part 384 in the following ways.

E:FRFM07OCR1.SGM

07OCR1