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DOT/FMCSA RIN: 2126-AC11 Publication ID: Fall 2019 
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 (CMV).  Drivers who commit drug or alcohol testing violations are prohibited from operating a CMV until complying with return-to-duty requirements. FMCSA plans to propose requirements on SDLAs to take specific actions for individuals' subject to the CMV driving prohibition. FMCSA also looks to propose alternate additional actions SDLAs may be required to take after receiving notice that a driver licensed in their State is subject to the driving ban. The NPRM would also revise how reports of actual knowledge violations, based on a citation for Driving Under the Influence (DUI) in a CMV, would be maintained in the Clearinghouse. These proposed changes would improve highway safety by increasing compliance with existing drug and alcohol program requirements.

Agency: Department of Transportation(DOT)  Priority: Other Significant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Proposed Rule Stage 
Major: No  Unfunded Mandates: No 
EO 13771 Designation: Regulatory 
RFA Section 610 Review: Section 610 Review 
CFR Citation: 49 CFR 383    49 CFR 384    49 CFR 382    49 CFR 392   
Legal Authority: 49 U.S.C. 31136 (a)    49 U.S.C. 31305 (a)    49 U.S.C. 31306a    U.S.C. 31311(a)   
Legal Deadline:  None
Action Date FR Cite
NPRM  01/00/2020 
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 Ave, SE,
Washington, DC 20590