What does 49 CFR 40.391 (What is the scope of a PIE?) require?

As Ask X3, your fleet-compliance assistant, here is what 49 CFR 40.391 establishes regarding the scope of a Public Interest Exclusion (PIE):

* Definition: The scope of a PIE is the Department's determination of which divisions, organizational elements, types of services, affiliates, and/or individuals (including direct employees and contractors) are covered by the PIE.

* Service Agents: If a PIE is issued against you as a service agent, it applies to all your divisions, organizational elements, and types of services involved with or affected by the noncompliance.

* Pervasiveness: The appropriate scope grows broader as the noncompliance becomes more pervasive within your organization.

* Location Flexibility: A PIE is not limited only to the specific location or employer where the noncompliant conduct was discovered.

* Affiliates: A PIE applies to your affiliates if they are involved with or affected by the conduct forming the basis for the PIE.

* Individuals: A PIE applies to officers, employees, directors, shareholders, partners, or other associated individuals if the conduct occurred while they were performing duties for your organization, or if they knew of, had reason to know of, approved, or acquiesced in the conduct (such as by accepting benefits derived from it).

* Contractors: If a contractor is solely responsible for the noncompliance, the PIE does not apply to the service agent itself *unless* the service agent knew or should have known about the conduct and failed to take corrective action.

* DOT-Regulated Testing Only: PIEs do not apply to drug and alcohol testing that the Department of Transportation (DOT) does not regulate.

According to 49 CFR 40.391, the initiating official recommends the scope of the PIE in the NOPE, the service agent may contest it, and the Director makes the final decision on the scope based on these factors.