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DOT/FMCSA RIN: 2126-AC11 Publication ID: Spring 2021 
Title: Controlled Substances and Alcohol Testing: State Driver's Licensing Agency Downgrade of Commercial Driver's License(Section 610 Review) 

FMCSA proposes to prohibit State Driver's Licensing Agencies (SDLAs) from issuing, renewing, upgrading, or transferring a commercial driver's license (CDL), or commercial learner's permit (CLP), for individuals prohibited under current regulations from driving a commercial motor vehicle (CMV) due to controlled substance (drug) and alcohol program violations. The CMV driving ban is intended to keep these drivers off the road until they comply with return-to-duty (RTD) requirements. FMCSA also seeks comment on alternate proposals establishing additional ways that SDLAs would use information, obtained through the Drug and Alcohol Clearinghouse (Clearinghouse), to increase compliance with the CMV driving prohibition. Further, the Agency proposes to 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: Substantive, Nonsignificant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Final Rule Stage 
Major: No  Unfunded Mandates: No 
RFA Section 610 Review: Section 610 Review 
CFR Citation: 49 CFR 383    49 CFR 384    49 CFR 382    49 CFR 390    49 CFR 392   
Legal Authority: 49 U.S.C. 31136 (a)    49 U.S.C. 31305 (a)   
Legal Deadline:  None
Action Date FR Cite
NPRM  04/28/2020  85 FR 23670   
NPRM Comment Period End  06/29/2020 
Final Rule  06/00/2021 
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