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DOT/FMCSA RIN: 2126-AC11 Publication ID: Fall 2018 
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 (December 5, 2016) requires State Driver's 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 require State Driver's Licensing Agencies (SDLAs) to remove the commercial learner's permit (CLP) or commercial driver's license (CDL) privilege from the driver license of individuals who, under current regulations, are prohibited from operating a commercial motor vehicle (CMV) due to controlled substance (drug) and alcohol program violations. At a minimum, States would be required to downgrade the driver's license by changing the commercial status from "licensed" to "eligible" on the CDLIS driver record. Under the proposed rule, States could not restore the CLP or CDL privilege to the license until the driver completes the return-to-duty (RTD) requirements that would allow the resumption of safety-sensitive functions, such as operating a CMV. SDLAs would rely on applicable State law and procedures to accomplish the downgrade and any subsequent reinstatement of the CLP or CDL privilege. In addition, under this proposal, SDLAs could not issue, renew, upgrade, or transfer the CDL, or issue, renew, or upgrade the CLP, of any driver who is prohibited from operating a CMV due to drug and alcohol program violations. This Notice of Proposed Rulemaking (NPRM) will improve roadway safety by helping to ensure that CLP and CDL holders who engage in prohibited drug or alcohol-related conduct complete the necessary RTD requirements before resuming operation of a CMV on public roads. 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: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Proposed Rule Stage 
Major: No  Unfunded Mandates: No 
EO 13771 Designation: Fully or Partially Exempt 
RFA Section 610 Review: Section 610 Review 
CFR Citation: 49 CFR 383    49 CFR 384    49 CFR 382   
Legal Authority: 49 U.S.C. 31136 (a)    49 U.S.C. 31305 (a)   
Legal Deadline:  None
Action Date FR Cite
NPRM  12/00/2018 
Regulatory Flexibility Analysis Required: No  Government Levels Affected: Federal, State 
Small Entities Affected: No  Federalism: Yes 
Included in the Regulatory Plan: No 
RIN Information URL:   Public Comment URL:  
RIN Data Printed in the FR: Yes 
Related RINs: Related to 2126-AB18 
Agency Contact:
Juan Moya
Department of Transportation
Federal Motor Carrier Safety Administration
1200 New Jersey Avenue, SE,
Washington, DC 20590
Phone:202 366-4844