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DOT/FMCSA RIN: 2126-AC11 Publication ID: Fall 2017 
Title: ●Controlled Substances and Alcohol Testing: State Driver's Licensing Agency Downgrade of Commercial Driver's License (Section 610 Review) 

The Commercial Driver’s License Drug and Alcohol Clearinghouse (Clearinghouse) final rule (81 Fed. Reg. 87686 (Dec. 5, 2016), requires State Driver Licensing Agencies (SDLAs) to check the Clearinghouse before issuing, renewing, transferring, or upgrading a Commercial Driver’s License (CDL) to determine whether the driver is qualified to operate a commercial motor vehicle. FMCSA proposes to amend the Clearinghouse final rule to require SDLAs to downgrade the CDL of any driver for whom a verified positive controlled substances (drug) test result, an alcohol confirmation test with a concentration of .04 or higher, a refusal to submit to a drug or alcohol test, or an employer’s actual knowledge of prohibited drug or alcohol use is reported to the Clearinghouse. Under this NPRM, the CDL downgrade, currently defined in 49 CFR 383.5 as the removal of the CDL privilege from the driver’s license, will remain in effect until the driver complies with return to duty requirements set forth in 49 CFR part 40, subpart O. SDLAs will have electronic access to relevant information in the CDL holder’s Clearinghouse record through the Commercial Driver’s License Information System (CDLIS), which will enable them to initiate the downgrade process and to restore the CDL privilege to the driver’s license upon his or her completion of return to duty requirements. This proposal is intended to improve highway safety by establishing a means to enforce the existing requirement that CDL holders who test positive or refuse to test, or engage in other drug and alcohol program violations, must not perform safety-sensitive functions, including driving a commercial motor vehicle in intrastate or interstate commerce. This NPRM does not propose any other changes to the Clearinghouse final rule, nor does it propose any changes to the drug and alcohol testing requirements in part 382 and part 40.

Agency: Department of Transportation(DOT)  Priority: Substantive, Nonsignificant 
RIN Status: First time published in the Unified Agenda Agenda Stage of Rulemaking: Proposed Rule Stage 
Major: Undetermined  Unfunded Mandates: No 
EO 13771 Designation: Not subject to, not significant 
RFA Section 610 Review: Section 610 Review 
CFR Citation: 49 CFR 383    49 CFR 384   
Legal Authority: 49 U.S.C. 31136 (a)    49 U.S.C. 31305 (a)   
Legal Deadline:  None
Action Date FR Cite
NPRM  09/00/2018 
Regulatory Flexibility Analysis Required: Undetermined  Government Levels Affected: Federal, State 
Small Entities Affected: No  Federalism: Undetermined 
Included in the Regulatory Plan: No 
RIN Data Printed in the FR: Yes 
Agency Contact:
Juan Moya
Department of Transportation
Federal Motor Carrier Safety Administration
1200 New Jersey Ave, SE,
Washington, DC 20590