The State must disqualify from operating a CMV for life any person who is convicted, as defined in Sec. 383.5 of this subchapter, in any State or jurisdiction of a first offense of using a CMV (or, in the case of a CLP or CDL holder, a CMV or a non-CMV) in the commission of a felony described in item (9) of Table 1 to Sec. 383.51 of this subchapter. The State shall not apply the special rule in Sec. 384.216(b) to lifetime disqualifications imposed for controlled substance felonies as detailed in item (9) of Table 1 to Sec. 383.51 of this subchapter. [76 FR 26895, May 9, 2011]