Notice2022-23981
Agency Information Collection Activities; Renewal of an Approved Information Collection: Commercial Driver's License Drug and Alcohol Clearinghouse
Primary source
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Published
November 4, 2022
Issuing agencies
Transportation DepartmentFederal Motor Carrier Safety Administration
Abstract
In accordance with the Paperwork Reduction Act of 1995, FMCSA announces its plan to submit the Information Collection Request (ICR) described below to the Office of Management and Budget for its review and approval and invites public comment. The FMCSA requests to renew an ICR titled, "Commercial Driver's License Drug and Alcohol Clearinghouse." The Agency's final rule, published December 5, 2016, titled "Commercial Driver's License Drug and Alcohol Clearinghouse" (81 FR 87686) (Clearinghouse) established the regulatory requirements for the Clearinghouse. The compliance date of the final rule was January 6, 2020. The FMCSA began collecting data as authorized users began registering in the Clearinghouse in September 2019. This ICR is needed to ensure that querying and reporting requirements are met to diminish the problem of commercial driver's license (CDL) and commercial learner's permit (CLP) holders who test positive for drugs or alcohol and then continue to perform safety sensitive functions, including driving a commercial motor vehicle (CMV), without participating in the required return-to-duty (RTD) process.
Full Text
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<title>Federal Register, Volume 87 Issue 213 (Friday, November 4, 2022)</title>
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[Federal Register Volume 87, Number 213 (Friday, November 4, 2022)]
[Notices]
[Pages 66769-66771]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-23981]
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2022-0093]
Agency Information Collection Activities; Renewal of an Approved
Information Collection: Commercial Driver's License Drug and Alcohol
Clearinghouse
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), Department
of Transportation (DOT).
ACTION: Notice and request for comments.
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SUMMARY: In accordance with the Paperwork Reduction Act of 1995, FMCSA
announces its plan to submit the Information Collection Request (ICR)
described below to the Office of Management and Budget for its review
and approval and invites public comment. The FMCSA requests to renew an
ICR titled, ``Commercial Driver's License Drug and Alcohol
Clearinghouse.'' The Agency's final rule, published December 5, 2016,
titled ``Commercial Driver's License Drug and Alcohol Clearinghouse''
(81 FR 87686) (Clearinghouse) established the regulatory requirements
for the Clearinghouse. The compliance date of the final rule was
January 6, 2020. The FMCSA began collecting data as authorized users
began registering in the Clearinghouse in September 2019. This ICR is
needed to ensure that querying and reporting requirements are met to
diminish the problem of commercial driver's license (CDL) and
commercial learner's permit (CLP) holders who test positive for drugs
or alcohol and then continue to perform safety sensitive functions,
including driving a commercial motor vehicle (CMV), without
participating in the required return-to-duty (RTD) process.
DATES: Comments on this notice must be received on or before January 3,
2023
ADDRESSES: You may submit comments identified by Federal Docket
Management System (FDMS) Docket Number FMCSA-2022-0093 using any of the
following methods:
<bullet> Federal eRulemaking Portal: <a href="https://www.regulations.gov">https://www.regulations.gov</a>.
Follow the online instructions for submitting comments.
<bullet> Fax: 1-202-493-2251.
<bullet> Mail: Docket Operations; U.S. Department of
Transportation, 1200 New Jersey Avenue SE, West Building, Ground Floor,
Room W12-140, Washington, DC 20590-0001.
<bullet> Hand Delivery or Courier: U.S. Department of
Transportation, 1200 New Jersey Avenue SE, West Building, Ground Floor,
Room W12-140, Washington, DC 20590-0001 between 9 a.m. and 5 p.m. e.t.,
Monday through Friday, except Federal holidays.
Instructions: All submissions must include the Agency name and
docket number. For detailed instructions on submitting comments, see
the Public Participation heading below. Note that all comments received
will be posted without change to <a href="https://www.regulations.gov">https://www.regulations.gov</a>, including
any personal information provided. Please see the Privacy Act heading
below.
Docket: For access to the docket to read background documents or
comments received, go to <a href="https://www.regulations.gov">https://www.regulations.gov</a>, and follow the
online instructions for accessing the docket, or go to the street
address listed above.
Privacy: In accordance with 5 U.S.C. 553(c), DOT solicits comments
from the public to better inform its rulemaking process. DOT posts
these comments, without edit, including any personal information the
commenter provides, to <a href="http://www.regulations.gov">www.regulations.gov</a>, as described in the system
of records notice (DOT/ALL-14 FDMS), which can be reviewed at
<a href="http://www.dot.gov/privacy">www.dot.gov/privacy</a>.
Public Participation: The Federal eRulemaking Portal is available
24 hours each day, 365 days each year. You can obtain electronic
submission and retrieval help and guidelines under the ``FAQ'' section
of the Federal eRulemaking Portal website. If you want us to notify you
that we received your comments, please include a self-addressed,
stamped envelope or postcard, or print the acknowledgement page that
appears after submitting comments online. Comments received after the
comment closing date will be included in the docket and will be
considered to the extent practicable.
FOR FURTHER INFORMATION CONTACT: Bryan Price, Chief, Drug and Alcohol
Programs Division, FMCSA, DOT, West Building 6th Floor, 1200 New Jersey
Avenue SE, Washington, DC 20590. Telephone: 202-366-2995; email:
<a href="/cdn-cgi/l/email-protection#a6c5cac3c7d4cfc8c1cec9d3d5c3e6c2c9d288c1c9d0"><span class="__cf_email__" data-cfemail="781b141d190a11161f10170d0b1d381c170c561f170e">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
Background
Agency regulations at 49 CFR part 382 apply to persons and
employers of such persons who operate CMVs in commerce in the United
States and who are subject to the CDL requirements in 49 CFR part 383
or the equivalent CDL requirements for Canadian and Mexican drivers (49
CFR 382.103(a)). Part 382 requires that employers conduct pre-
employment drug testing, post-accident testing, random drug and alcohol
testing, and reasonable suspicion testing, as well as RTD testing and
follow-up testing for those drivers who test positive or otherwise
violate DOT drug and alcohol program requirements. Motor carrier
employers are prohibited from allowing an employee to perform safety-
sensitive functions, which include operating a CMV, if the employee
tests positive on a DOT drug or alcohol test, refuses to take a
required test, or otherwise violates the DOT or FMCSA drug and alcohol
testing regulations.
Section 32402 of the Moving Ahead for Progress in the 21st Century
Act (MAP-21) requires that the Secretary of Transportation establish,
operate, and maintain a national clearinghouse for records relating to
alcohol and controlled substances testing of CMV operators to improve
compliance with the DOT's alcohol and controlled substances testing
program and to enhance the safety of our roadways by reducing crashes
and injuries involving the misuse of alcohol or use of controlled
substances by operators of CMVs. As noted above, FMCSA published a
final rule on December 5, 2016, with an effective date of January 4,
2017, and a compliance date of January 6, 2020, to implement the
requirements of the Clearinghouse. The FMCSA first began collecting
data in September 2019 relating to authorized users' registration in
the Clearinghouse. On January 6, 2020, FMCSA began collecting data
related to drivers' drug and alcohol program violations and associated
return to duty process as well and queries conducted by employers on
CDL or CLP holders.
The Clearinghouse functions as a repository for records relating to
the positive test results and test refusals of CMV operators and
violations by such operators of prohibitions set forth in Part 382,
Subpart B, of title 49, Code of Federal Regulations. An employer
utilizes the Clearinghouse to determine whether current and prospective
employees have incurred a drug or alcohol program violation that would
prohibit them from performing safety-sensitive functions, including
operating a CMV.
The Clearinghouse provides FMCSA and employers the necessary tools
to identify drivers who are prohibited from operating a CMV and ensure
that such drivers receive the required evaluation and treatment before
resuming safety-sensitive functions. Specifically, information
maintained in the Clearinghouse will ensure that drivers who commit a
drug or alcohol program violation while working for one employer and
attempt to find work with another employer, can no longer conceal their
drug and alcohol violations merely by moving on to the next job or the
next state. Drug and alcohol violation records maintained in the
Clearinghouse will follow the driver regardless of how many times he or
she changes employers, seeks employment, or applies for a CDL in a
different State.
The information in the Clearinghouse is used by FMCSA and its State
partners for enforcement purposes:
<bullet> Ensure employers are meeting their pre-employment
investigation and reporting requirements.
[[Page 66771]]
<bullet> Place drivers out of service if drivers are found to be
operating a CMV without completing the RTD process.
<bullet> Ensure medical review officers (MROs) and substance abuse
professionals (SAPs) meet their reporting requirements.
Only authorized users, including employers and their service
agents, and Federal and State enforcement personnel and State Driver
Licensing Agencies (SDLAs) may register and access the Clearinghouse
for designated purposes. State enforcement personnel may also receive
the driver's eligibility status to operate a CMV, based on
Clearinghouse information, when they check Query Central, the
Commercial Driver's License Information System, or The National Law
Enforcement Telecommunications System (NLets) for driver information.
The FMCSA will share a driver's drug and alcohol violation information
with the National Transportation Safety Board when it is investigating
a crash involving that driver.
Drivers may access their own information, but not information of
other drivers. The Clearinghouse meets all relevant federal security
standards and FMCSA continuously monitors compliance with applicable
security regulations.
Title: Commercial Driver's License Drug and Alcohol Clearinghouse.
OMB Control Number: 2126-0057.
Type of Request: Renewal of a currently approved information
collection.
Respondents: Motor carriers (employers), drivers, MROs, SAPs,
consortia/third-party administrators (C/TPAs), and SDLAs.
Estimated Number of Respondents: 10,289,839.
Estimated Time per Response: Varies; 10 to 20 minutes.
Expiration Date: February 28, 2023.
Frequency of Response: On occasion.
A user's role will determine the frequency of the response in the
Clearinghouse.
<bullet> Employers, or C/TPAs acting on behalf of an employer: at a
minimum, employers are required to query the Clearinghouse for each
driver they currently employ at least once a year. Employers must query
the Clearinghouse for all prospective employees, as needed. In
addition, employers report to the Clearinghouse alcohol confirmation
tests with a concentration of 0.04 or higher, refusal to test
(alcohol), refusal to test (drug) that is not determined by an MRO, and
actual knowledge of violations, negative RTD testing, and completion of
the follow-up testing plan. Employer reporting must be completed by the
close of the third business day following the date they obtained the
information on a driver.
<bullet> MROs: verified positive, adulterated or substituted drug
test result and refusals to tests (drug) must be entered to the
Clearinghouse on occasion, but no later than two business days after
making a determination or verification.
<bullet> SAPs: must enter the initial assessment date and the date
the driver successfully complied with RTD requirements. SAPs are
required to enter this information on occasion by the close of business
day following the date of the initial assessment or completion of the
RTD process.
<bullet> SDLAs may query the Clearinghouse prior to specified
licensing transactions to determine if there are existing drug or
alcohol program violations.
<bullet> Drivers must provide their specific consent to pre-
employment queries electronically through the Clearinghouse.
Estimated Total Annual Burden: 1,761,149.
Estimated Total Number Respondents: 10,289,839.
Public Comments Invited: You are asked to comment on any aspect of
this information collection, including: (1) whether the proposed
collection is necessary for the performance of FMCSA's functions; (2)
the accuracy of the estimated burden; (3) ways for FMCSA to enhance the
quality, usefulness, and clarity of the collected information; and (4)
ways that the burden could be minimized without reducing the quality of
the collected information. The agency will summarize or include your
comments in the request for OMB's clearance of this information
collection.
Issued under the authority of 49 CFR 1.87 on:
Thomas P. Keane,
Associate Administrator, Office of Research and Registration.
[FR Doc. 2022-23981 Filed 11-3-22; 8:45 am]
BILLING CODE 4910-EX-P
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</html>Indexed from Federal Register on November 4, 2022.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.