Agency Information Collection Activities; Renewal and Revision of an Approved Information Collection: Commercial Driver's License Drug and Alcohol Clearinghouse

Kenneth Riddle
Federal Motor Carrier Safety Administration
20 June 2019

[Federal Register Volume 84, Number 119 (Thursday, June 20, 2019)]
[Notices]
[Pages 28882-28884]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-13086]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2019-0108]


Agency Information Collection Activities; Renewal and Revision 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.

-----------------------------------------------------------------------

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 is January 
6, 2020. Since the original ICR was approved, no data has yet been 
collected. With the upcoming compliance date, 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 process.

DATES: We must receive your comments on or before August 19, 2019.

ADDRESSES: You may submit comments identified by Federal Docket 
Management System (FDMS) Docket Number FMCSA-2019-0108 using any of the 
following methods:
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the online instructions for submitting comments.
     Fax: 1-202-493-2251.
     Mail: Docket Operations; U.S. Department of 
Transportation, 1200 New Jersey Avenue SE, West Building, Ground Floor, 
Room W12-140, Washington, DC 20590-0001.
     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 http://www.regulations.gov, 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 http://www.regulations.gov, and follow the 
online instructions for accessing the dockets, or go to the street 
address listed above.
    Privacy Act: 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 www.regulations.gov, as described in the 
system of records notice (DOT/ALL-14 FDMS), which can be reviewed at 
www.dot.gov/privacy.
    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 ``help'' 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: Juan Moya, Compliance Division, 
Federal Motor Carrier Safety Administration, Department of 
Transportation, West Building 6th Floor, 1200 New Jersey Avenue SE, 
Washington, DC 20590.

[[Page 28883]]

Telephone: 202-366-4844; email clearinghouse@dot.gov.

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 return-to-duty 
(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 Department of Transportation's (DOT) 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. No information 
is currently being collected.
    The Clearinghouse will function 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 will utilize the Clearinghouse to determine whether current 
and prospective employees have incurred a drug or alcohol violation 
that would prohibit them from performing safety-sensitive functions, 
including operating a CMV.
    The Clearinghouse will provide 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 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 will be used by FMCSA and its 
State partners for enforcement purposes:
     Ensure employers are meeting their pre-employment 
investigation and reporting requirements.
     Place drivers out of service if drivers are found to be 
operating a CMV without completing the RTD process.
     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 Enforcement personnel and State Driver Licensing 
Agencies (SDLAs) will be able to register and access the Clearinghouse 
for designated purposes. State enforcement personnel will receive the 
driver's eligibility status to operate a CMV, based on Clearinghouse 
information, when they check Query Central or NLets for driver 
information. 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 will be able to access their own information, but not 
information of other drivers. The Clearinghouse will meet all relevant 
federal security standards and FMCSA will continuously monitor 
compliance with applicable security regulations.
    Title: Commercial Driver's License Drug and Alcohol Clearinghouse.
    OMB Control Number: 2126-0057.
    Type of Request: Renewal and revision of a currently approved 
information collection.
    Respondents: Motor carriers (employers), drivers, medical review 
officers, substance abuse professionals, consortia/third-party 
administrators (C/TPAs), and State Driver's Licensing Agencies.
    Estimated Number of Respondents: 11,038,986.
    Estimated Time per Response: Varies; 10 to 20 minutes.
    Expiration Date: January 31, 2020.
    Frequency of Response: On occasion.
    A user's role will determine the frequency of the response in the 
Clearinghouse.
     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, 
actual knowledge, negative RTD testing, and completion of follow-up 
testing. Employer reporting must be completed by the close of the third 
business day following the date they obtained the information on a 
driver.
     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.
     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.
     SDLAs may query the Clearinghouse prior to specified 
licensing transactions to determine if there are existing drug or 
alcohol violations.
     Drivers must provide their specific consent to pre-
employment queries electronically through the Clearinghouse.
    Estimated Total Annual Burden: 1,864,251.
    Estimated Total Number Respondents: 11,038,986.
    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

[[Page 28884]]

for OMB's clearance of this information collection.

    Issued under the authority of 49 CFR 1.87 on: June 13, 2019.
Kenneth Riddle,
Director for Office of Registration and Safety Information.
[FR Doc. 2019-13086 Filed 6-19-19; 8:45 am]
BILLING CODE 4910-EX-P