Customer Service Motor Carrier

Location:

Crown Point, IN

Posted:

July 18, 2023

Contact this candidate

Resume:

***** ******* ******** / ***. **, No. *** / Thursday, October 7, 2021 / Rules and Regulations

licensor to audit the end user’s compliance

with this agreement is hereby amended as

follows:

(A) Discrepancies found in an audit may

result in a charge by the commercial supplier

or licensor to the ordering activity. Any

resulting invoice must comply with the

proper invoicing requirements specified in

the underlying Government contract or order.

(B) This charge, if disputed by the ordering

activity, will be resolved in accordance with

paragraph (d) of this clause; no payment

obligation shall arise on the part of the

ordering activity until the conclusion of the

dispute process.

will be performed at the contractor’s expense,

without reimbursement by the Government.

(x) Taxes or surcharges. Any taxes or

surcharges which the commercial supplier or

licensor seeks to pass along to the

Government as end user will be governed by

the terms of the underlying Government

contract or order and, in any event, must be

submitted to the Contracting Officer for a

determination of applicability prior to

invoicing unless specifically agreed to

otherwise in the Government contract.

(xi) Non-assignment. This agreement may

not be assigned, nor may any rights or

obligations thereunder be delegated, without

the Government’s prior approval, except as

expressly permitted under paragraph (b) of

this clause.

(xii) Confidential information. If this

agreement includes a confidentiality clause,

such clause is hereby amended to state that

neither the agreement nor the contract price

list, as applicable, shall be deemed

‘‘confidential information.’’ Issues regarding

release of ‘‘unit pricing’’ will be resolved

consistent with the Freedom of Information

Act. Notwithstanding anything in this

agreement to the contrary, the Government

may retain any confidential information as

required by law, regulation or its internal

document retention procedures for legal,

regulatory or compliance purposes; provided,

however, that all such retained confidential

information will continue to be subject to the

confidentiality obligations of this agreement.

(2) If any language, provision, or clause of

this agreement conflicts or is inconsistent

with paragraph (w)(1) of this clause, the

language, provisions, or clause of paragraph

(w)(1) shall prevail to the extent of such

inconsistency.

(End of clause)

1552.332–39 Unenforceability of

unauthorized obligations (far deviation).

As prescribed in 1513.507(b) and

1532.1070, use clause 1552.332–39

(FAR DEVIATION) instead of the

nondeviated version for purchase

orders, modifications and contracts that

include commercial supplier

agreements.

UNENFORCEABILITY OF

UNAUTHORIZED OBLIGATIONS (FAR

DEVIATION) (OCT. 2021)

(a) Except as stated in paragraph (b) of this

clause, when any supply or service acquired

under this contract is subject to any

commercial supplier agreement (as defined

in 1502.100) that includes any language,

provision, or clause requiring the

Government to pay any future fees, penalties,

interest, legal costs or to indemnify the

Contractor or any person or entity for

damages, costs, fees, or any other loss or

liability that would create an Anti-Deficiency

Act violation (31 U.S.C. 1341), the following

shall govern:

(1) Any such language, provision, or clause

is unenforceable against the Government.

(2) Neither the Government nor any

Government authorized end user shall be

deemed to have agreed to such language,

provision, or clause by virtue of it appearing

in the commercial supplier agreement. If the

commercial supplier agreement is invoked

through an ‘‘I agree’’ click box or other

comparable mechanism (e.g., ‘‘click-wrap’’ or

‘‘browse-wrap’’ agreements), execution does

not bind the Government or any Government

authorized end user to such clause.

(3) Any such language, provision, or clause

is deemed to be stricken from the commercial

supplier agreement.

(b) Paragraph (a) of this clause does not

apply to indemnification or any other

payment by the Government that is expressly

authorized by statute and specifically

authorized under applicable agency

regulations and procedures.

(End of clause)

[FR Doc. 2021–21629 Filed 10–6–21; 8:45 am]

BILLING CODE 6560–50–P

DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety

Administration

49 CFR Parts 382, 383, 384, 390, and

392

[Docket No. FMCSA–2017–0330]

RIN 2126–AC11

Controlled Substances and Alcohol

Testing: State Driver’s Licensing

Agency Non-Issuance/Downgrade of

Commercial Driver’s License

AGENCY: Federal Motor Carrier Safety

Administration (FMCSA), Department

of Transportation (DOT).

ACTION: Final rule.

SUMMARY: FMCSA is amending its

regulations to establish requirements for

State Driver’s Licensing Agencies

(SDLAs) to access and use information

obtained through the Drug and Alcohol

Clearinghouse (DACH or

Clearinghouse), an FMCSA-

administered database containing

driver-specific controlled substance

(drug) and alcohol records. SDLAs must

not issue, renew, upgrade, or transfer a

commercial driver’s license (CDL), or

commercial learner’s permit (CLP), as

applicable, for any individual

prohibited under FMCSA’s regulations

from performing safety-sensitive

functions, including driving a

commercial motor vehicle (CMV), due

to one or more drug and alcohol

program violations. Further, SDLAs

must remove the CLP or CDL privilege

from the driver’s license of an

individual subject to the CMV driving

prohibition, which would result in a

downgrade of the license until the

driver complies with return-to-duty

(RTD) requirements. This rule also

requires States receiving Motor Carrier

Safety Assistance Program (MCSAP)

grant funds to adopt a compatible CMV

driving prohibition applicable to CLP

and CDL holders who violate FMCSA’s

drug and alcohol program requirements

and makes clarifying and conforming

changes to current regulations. The final

rule will help keep unsafe drivers off

the road by increasing compliance with

the CMV driving prohibition.

DATES:

Effective date: November 8, 2021.

Compliance date: Compliance with

the final rule is required November 18,

2024.

Petitions for Reconsideration of this

final rule must be submitted to the

FMCSA Administrator no later than

November 8, 2021.

FOR FURTHER INFORMATION CONTACT: Ms.

Gian Marshall, Drug and Alcohol

Programs Division, Federal Motor

Carrier Safety Administration, 1200

New Jersey Avenue SE, Washington, DC

20590–0001, *************@***.***,

(202) 366–0928. If you have questions

on viewing material in the docket,

contact Dockets Operations, (202) 366–

9826.

SUPPLEMENTARY INFORMATION: This final

rule is organized as follows:

I. Rulemaking Documents

II. Executive Summary

A. Purpose and Summary of the Regulatory

Action

B. Summary of Major Provisions

C. Costs and Benefits

III. Abbreviations and Acronyms

IV. Legal Basis for the Rulemaking

V. Background

A. Purpose and Intent of State-Related

Clearinghouse Requirements

B. AAMVA’s Petition for Reconsideration

C. Impact of MAP–21 on State Laws

VI. Discussion of Proposed Rulemaking and

Comments

A. Proposed Rulemaking

B. Comments and Responses

VII. International Impacts

VIII. Privacy Act Applicability

IX. Explanation of Changes From the NPRM

X. Section-by-Section Analysis

A. Part 382

B. Part 383

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Federal Register / Vol. 86, No. 192 / Thursday, October 7, 2021 / Rules and Regulations 55719 1 As discussed further below in section V.C.,

several States currently require motor carrier

employers or their service agents to report positive test results and/or test refusals to the SDLA.

2 See 49 CFR 383.73(b)(10); (c)(10); (d)(9); (e)(8); and (f)(4).

3 In 49 CFR 383.5, ‘‘CDL downgrade’’ is defined,

in part, as: ‘‘(4) A State removes the CDL privilege from the driver license.’’ The final rule amends this definition to include removal of the CLP privilege. 4 The impact of MAP–21 and this rule on existing

State requirements is discussed below in Section

V.C.

C. Part 384

D. Part 390

E. Part 392

XI. Regulatory Analyses

A. E.O. 12866 (Regulatory Planning and

Review), E.O. 13563 (Improving

Regulation and Regulatory Review), and

DOT Regulatory Policies and Procedures

B. Congressional Review Act

C. Regulatory Flexibility Act (Small

Entities)

D. Assistance for Small Entities

E. Unfunded Mandates Reform Act of 1995

F. Paperwork Reduction Act (Collection of

Information)

G. E.O. 13132 (Federalism)

H. Privacy

I. E.O. 13175 (Indian Tribal Governments)

J. National Environmental Policy Act of

1969

I. Rulemaking Documents

Availability of Rulemaking Documents

To view any documents mentioned as

being available in the docket, go to

https://www.regulations.gov/docket/

FMCSA-2017-0330/document and

choose the document to review. To view

comments, click this final rule, then

click ‘‘Browse Comments.’’ If you do not

have access to the internet, you may

view the docket online by visiting

Dockets Operations in Room W12–140

on the ground floor of the DOT West

Building, 1200 New Jersey Avenue SE

Washington, DC 20590–0001, between 9

a.m. and 5 p.m., Monday through

Friday, except Federal holidays. To be

sure someone is there to help you,

please call (202) 366–9317 or (202) 366–

9826 before visiting Dockets Operations.

II. Executive Summary

A. Purpose and Summary of the

Regulatory Action

The purpose of this final rule is to

improve highway safety by ensuring

that CLP or CDL holders with drug and

alcohol program violations do not

operate a CMV until they complete the

return to duty (RTD) process and can

lawfully resume driving. Currently,

most SDLAs do not receive drug and

alcohol program violation information

about CDL or CLP holders licensed in

their State. Therefore, these SDLAs are

unaware when a CMV operator is

subject to the driving prohibition set

forth in 49 CFR 382.501(a), and the

CMV operator continues to hold a valid

CDL or CLP despite the driving

prohibition.1 The rule closes that

knowledge gap by ensuring that all

SDLAs are able to determine whether

CMV drivers licensed in their State are

subject to FMCSA’s CMV driving

prohibition. The rule facilitates

enforcement of the driving prohibition

by requiring that SDLAs deny certain

commercial licensing transactions and

remove the commercial driving

privileges of individuals who are

prohibited from operating a CMV and

performing other safety-sensitive

functions, due to drug and alcohol

program violations. By requiring SDLAs

to downgrade the driver’s licensing

status by removing the commercial

driving privilege, the final rule will also

permit all traffic safety enforcement

officers to readily identify prohibited

drivers by conducting a license check

during a traffic stop or other roadside

intervention.

In the final rule titled ‘‘Commercial

Driver’s License Drug and Alcohol

Clearinghouse’’ (81 FR 87686 (Dec. 5,

2016)), FMCSA implemented the

statutory requirement of the Moving

Ahead for Progress in the 21st Century

Act (MAP–21), codified at 49 U.S.C.

31306a, to establish the Clearinghouse

as a repository for driver-specific drug

and alcohol program violation records,

as well as RTD information. The 2016

final rule incorporated the statutory

requirement, imposed by MAP–21,

codified at 49 U.S.C. 31311(a)(24), that

States check the Clearinghouse prior to

renewing or issuing a CDL to avoid

having Federal highway funds withheld

under 49 U.S.C. 31314. The 2016 final

rule did not otherwise address the

SDLAs’ use of Clearinghouse

information for CMV drivers licensed,

or seeking to become licensed, in their

State. This final rule establishes

requirements for SDLAs to access and

use information from the Clearinghouse

indicating that CLP or CDL holders or

applicants may not lawfully operate a

CMV because they violated the drug and

alcohol use and testing prohibitions in

49 CFR part 382, subpart B. The rule

also makes certain clarifying and

conforming changes to existing

regulations, as described below.

B. Summary of Major Provisions

Non-Issuance

As noted above, the Clearinghouse

regulations require that SDLAs check

the driver’s status by querying the

Clearinghouse prior to issuing,

renewing, transferring, or upgrading a

CDL.2 The final rule provides that, if the

reply to the query indicates the driver

is prohibited from operating a CMV, the

SDLA must deny the requested

commercial licensing transaction,

resulting in non-issuance. Drivers may

re-apply to complete the transaction

after complying with the RTD

requirements set forth in 49 CFR part

40, subpart O, and a negative RTD test

result has been reported to the

Clearinghouse. As discussed further

below, the rule extends the SDLAs’

query requirement to applicants seeking

to obtain, renew, or upgrade a CLP.

Mandatory CDL Downgrade

In addition to the non-issuance

requirement, the rule requires that

SDLAs initiate the process to remove

the CLP or CDL privilege from the

driver’s license after receiving

notification from FMCSA that, in

accordance with 49 CFR 382.501(a), an

individual is prohibited from operating

a CMV. Pursuant to 49 CFR 383.5, ‘‘CDL

downgrade’’ is defined to include

removal of the commercial privilege; 3

the final rule requires the State to

complete and record the CDL

downgrade on the CDLIS driver record

within 60 days of notification. The CDL

downgrade requirement rests on the

simple, but safety-critical, premise that

drivers who cannot lawfully operate a

CMV because they engaged in

prohibited use of drugs or alcohol or

refused a test should not hold a valid

CDL or CLP.

There are two ways the SDLA will

receive notification of the driver’s

prohibited status: (1) The SDLA ‘‘pulls’’

the information from the Clearinghouse

by conducting a required query prior to

a specified commercial licensing

transaction; and (2) FMCSA ‘‘pushes’’

the information to the SDLA whenever

a drug or alcohol program violation is

reported to the Clearinghouse for a CLP

or CDL holder licensed in that State.

FMCSA will also ‘‘push’’ a notification

to the SDLA when the driver complies

with RTD requirements and is no longer

prohibited by FMCSA’s regulations 4

from operating a CMV. In addition, if

FMCSA determines that a driver was

erroneously identified as prohibited, the

Agency will notify the SDLA that the

individual is not prohibited from

operating a CMV; the SDLA must

promptly reinstate the commercial

driving privilege to the driver’s license,

and expunge the driving record

accordingly.

The final rule does not establish

specific downgrade or reinstatement

procedures. All States currently have

established procedures to downgrade

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55720 Federal Register / Vol. 86, No. 192 / Thursday, October 7, 2021 / Rules and Regulations 5 In order to qualify for MCSAP Funds, 49 CFR

350.207(a)(2) requires, in part, that States adopt and enforce State laws compatible with the Federal

Motor Carrier Safety Regulations (49 CFR parts 390– 397). Amending part 392 in the final rule will

provide State-based enforcement personnel specific authority to enforce the prohibition in 382.501(a). 6 See 85 FR 23670, 23682 (Apr. 28, 2020).

Nationwide, there are approximately 12,000 State-

based MCSAP traffic safety officers, who have

specialized knowledge and training related to CMV

safety. There are also more than 500,000 State and local safety personnel throughout the United States authorized to enforce traffic safety laws.

7 49 CFR 382.717(a)(2)(i) currently permits drivers to request that an actual knowledge violation, based on the issuance of a citation for DUI in a CMV, be removed from the Clearinghouse, when the citation

did not result in a conviction.

the CDL or CLP of a driver whose

medical certification has expired or

otherwise been invalidated, as required

by 49 CFR 383.73(o)(4). The Agency

anticipates that States will adapt their

existing processes to remove the CLP or

CDL credential from the license of any

driver subject to the CMV driving

prohibition set forth in 49 CFR

382.501(a), and to reinstate the

commercial privilege following receipt

of notification from FMCSA that the

individual is no longer prohibited from

driving a CMV (or was incorrectly

identified as prohibited).

Application of the State Query

Requirement to CLP Holders

Pursuant to 49 CFR 383.25, CLPs are

deemed a valid CDL for purposes of

behind-the-wheel training on public

roads and highways. Because CLP

holders are authorized to operate a CMV

on a public road if accompanied by a

CDL holder, they are subject to drug and

alcohol testing under 49 CFR part 382,

and thus subject to the CMV driving

prohibition in 49 CFR 382.501(a).

Accordingly, the final rule adds CLP

holders to the scope of the States’ query

requirements set forth in 49 CFR 383.73,

requiring SDLAs to conduct a check of

the Clearinghouse prior to issuing,

renewing, or upgrading a CLP.

Addition of the CMV Driving

Prohibition to Part 392

The final rule amends 49 CFR part

392, subpart B, ‘‘Driving of Commercial

Motor Vehicles,’’ to add the CMV

driving prohibition currently set forth in

49 CFR 382.501(a), thereby requiring

States receiving MCSAP funding to

adopt and enforce a comparable

prohibition.5 State-based MCSAP

personnel authorized to enforce

highway safety laws can electronically

access the operating status of a CLP or

CDL holder through cdlis.dot.gov or

Query Central. If, during a roadside

intervention, the MCSAP officer

determines the driver is prohibited from

operating a CMV due to a drug and

alcohol program violation, the driver

will be placed out-of-service and subject

to citation. The final rule will further

facilitate enforcement of the driving

prohibition for CMV operators who still

hold a valid CLP or CDL—i.e., during

the period in which the State is notified

of the driver’s prohibited status, but

before the downgrade has been recorded

on the CDLIS driver record—by

clarifying the basis for citing the CMV

operator during this period.

As explained in the notice of

proposed rulemaking (NPRM), some

non-MCSAP traffic safety enforcement

personnel cannot electronically access

the driver’s prohibited status at roadside

during this period.6 The Agency notes,

however, that after the SDLA completes

the downgrade, thereby changing the

driver’s license status, non-MCSAP

officers will be aware the driver is not

lawfully operating a CMV, simply by

conducting a routine license check.

Operating a CMV without a valid CDL

is currently prohibited under 49 CFR

383.23(a)(2) and 49 CFR 391.11(b)(5).

The downgrade requirement ensures the

CMV driver’s license status is available

to all traffic safety enforcement

personnel, thus closing the loophole

that currently permits these drivers to

evade detection.

Actual Knowledge Violations Based on

Issuance of a Citation for DUI in a CMV

The final rule revises how employers’

reports of actual knowledge, as

currently defined in 49 CFR 382.107, of

a driver’s prohibited use of drugs or

alcohol, based on a citation for Driving

Under the Influence (DUI) in a CMV,

would be maintained in the

Clearinghouse. Currently, employers

who have actual knowledge of a driver’s

prohibited use of drugs or alcohol,

based on the issuance of a citation or