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Agency Information Collection Activities; Notice and Request for Comment; Strategies To Improve DRE Officers' Performance and Law Enforcement Agencies' DRE Programs Publication: Federal Register Signing Official: Nanda Narayanan Srinivasan Agency: National Highway Traffic Safety Administration Date: 31 August 2022 
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[Federal Register Volume 87, Number 168 (Wednesday, August 31, 2022)]
[Notices]
[Pages 53548-53550]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-18787]
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DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
[Docket No. NHTSA-2022-0032]
Agency Information Collection Activities; Notice and Request for
Comment; Strategies To Improve DRE Officers' Performance and Law
Enforcement Agencies' DRE Programs
AGENCY: National Highway Traffic Safety Administration (NHTSA),
Department of Transportation (DOT).
ACTION: Notice and request for comments on a new information
collection.
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SUMMARY: The National Highway Traffic Safety Administration (NHTSA)
invites public comments about our intention to request approval from
the Office of Management and Budget (OMB) for a new information
collection to study ways to help improve Officers' performance and Law
Enforcement programs for Drug Recognition Experts (DRE). Before a
Federal agency can collect certain information from the public, it must
receive approval from OMB. Under procedures established by the
Paperwork Reduction Act of 1995, before seeking OMB approval, Federal
agencies must solicit public comment on proposed collections of
information, including extensions and reinstatement of previously
approved collections. This document describes a collection of
information for which NHTSA intends to seek OMB approval on Strategies
to Improve DRE Officers' Performance and Law Enforcement Agencies' DRE
Programs.
DATES: Comments must be submitted on or before October 31, 2022.
ADDRESSES: You may submit comments identified by the Docket No. NHTSA-
2022-0032 through any of the following methods:
Electronic submissions: Go to the Federal eRulemaking
Portal at http://www.regulations.gov. Follow the online instructions
for submitting comments.
Fax: (202) 493-2251.
Mail or Hand Delivery: Docket Management, U.S. Department
of Transportation, 1200 New Jersey Avenue SE, West Building, Room W12-
140, Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through
Friday, except on Federal holidays. To be sure someone is there to help
you, please call (202) 366-9322 before coming.
Instructions: All submissions must include the agency name and
docket number for this notice. 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.
Privacy Act: Anyone is able to search the electronic form of all
comments received into any of our dockets by the name of the individual
submitting the comment (or signing the comment, if submitted on behalf
of an association, business, labor union, etc.). You may review DOT's
complete Privacy Act Statement in the Federal Register published on
April 11, 2000 (65 FR 19477-78) or you may visit https://www.transportation.gov/privacy.
Docket: For access to the docket to read background documents or
comments received, go to http://www.regulations.gov or the street
address listed above. Follow the online instructions for accessing the
dockets via internet.
FOR FURTHER INFORMATION CONTACT: For additional information or access
to background documents, contact: Jacqueline Milani, NPD220 (routing
symbol), (202) 913-3925, National Highway Traffic Safety
Administration, Enforcement and Justice Services Division, Room number:
W44-206, U.S. Department of Transportation, 1200 New Jersey Avenue SE,
Washington, DC 20590.
SUPPLEMENTARY INFORMATION: Under the Paperwork Reduction Act of 1995
(44 U.S.C. 3501 et seq.), before an agency submits a proposed
collection of information to OMB for approval, it must first publish a
document in the
[[Page 53549]]
Federal Register providing a 60-day comment period and otherwise
consult with members of the public and affected agencies concerning
each proposed collection of information. The OMB has promulgated
regulations describing what must be included in such a document. Under
OMB's regulation (at 5 CFR 1320.8(d)), an agency must ask for public
comment on the following: (a) whether the proposed collection of
information is necessary for the proper performance of the functions of
the agency, including whether the information will have practical
utility; (b) the accuracy of the agency's estimate of the burden of the
proposed collection of information, including the validity of the
methodology and assumptions used; (c) how to enhance the quality,
utility, and clarity of the information to be collected; and (d) how to
minimize the burden of the collection of information on those who are
to respond, including the use of appropriate automated, electronic,
mechanical, or other technological collection techniques or other forms
of information technology, e.g., permitting electronic submission of
responses. In compliance with these requirements, NHTSA asks for public
comments on the following proposed collection of information for which
the agency is seeking approval from OMB.
Title: Strategies to Improve DRE Officers' Performance and Law
Enforcement Agencies' DRE Programs.
OMB Control Number: New.
Form Number(s): 1662, 1663, 1680.
Type of Request: New Request.
Type of Review Requested: Regular.
Requested Expiration Date of Approval: 3 years from date of
approval.
Summary of the Collection of Information
NHTSA seeks approval from the Office of Management and Budget (OMB)
for a new information collection. Drug Recognition Experts (DRE) are
law enforcement officers trained and certified through the
International Drug Evaluation and Classification (DEC) program to
recognize impairment in drivers under the influence of drugs other
than, or in addition to, alcohol. Although there is a standardized
process for the Drug Influence Evaluation (DIE) performed by DREs,
there are differences in how each State DRE program, as well as local
DREs, collect evidence, record data, and determine who will respond
when a DRE is needed. These differences are due to a variety of
reasons, including funding, the number of trained DREs, individual
laws, and other factors. Some States have strengthened their programs
with the utilization of tools and technologies, such as tablets and
software that aid in the accurate and efficient collection of data.
There has, however, been no research to document best practice
strategies that other agencies could use with fidelity to replicate
what some have done to improve their DRE officers' performance and law
enforcement agencies' DRE programs. This project is a one-time
demonstration project to study the strategies needed to improve the
ability of DRE officers and effectiveness of DRE programs to address
drug-impaired driving by consistently gathering and reporting evidence
of drivers suspected of impaired driving. Participation in the program
is voluntary; the process and information collected is described below.
Application information (Form 1663) will be collected to
enroll Law Enforcement Agencies with DRE programs. The application will
include fields for the agency name, address, point of contact name,
email address, and phone number. It will request information about
existing DRE processes and procedures, tools and strategies used, and
how the agency plans to implement new or enhance existing processes and
procedures. A supporting Equipment, Technology and Supplies Order Form
(Form 1680) will also need to be completed and submitted by
participating agencies.
Selected agencies will be required to submit via email,
monthly reports (Form 1662) documenting activities conducted in the
reporting month and planned for the next month. The monthly reports
will also include information on equipment/technology received as of
the date of the report.
Quarterly reports will be required and will be collected
through telephone conversations between the selected agencies and the
support contractor. These calls will serve to discuss what has occurred
within the past quarter in relation to the project, such as how the
tools and technologies have been implemented, any challenges faced and
how they were or will be addressed, any successes to date, and lessons
learned.
Description of the Need for the Information and Proposed Use of the
Information
NHTSA was established by the Highway Safety Act of 1970 (Pub. L.
91-605, section 202(a), 84 Stat. 1713, 1739-40). Its mission is to
reduce the number of deaths, injuries, and economic losses resulting
from motor vehicle crashes on our nation's highways. To further this
mission, NHTSA conducts research on driver behavior and traffic safety
to develop efficient and effective means of bringing about safety
improvements. Impaired driving resulting from cannabis or other drug
use poses challenges for our nation's law enforcement officers,
prosecutors, toxicologists, highway safety offices, and others. As the
number of States legalizing marijuana continues to increase, the need
for effective strategies to address the growing concerns about impaired
driving is imperative. Law enforcement agencies are eager for
strategies to improve their efficiency, consistency, and completeness
of their DRE programs. This program will play a critical role in a
State's efforts to reduce impaired driving. This project will allow
NHTSA to provide participating law enforcement agencies with
information and resources to improve their DRE officers' performance
and enforcement programs overall. This collection of information is
necessary to allow interested enforcement agencies with DRE programs to
submit an application that shares information about their current DRE
program. This is a demonstration project. Agency applications will be
collected and used as baseline data. This information will be compiled
and used to better understand process outcomes that other law
enforcement agencies could use to replicate and improve their programs.
Affected Public: Selected law enforcement agencies with DRE
programs willing to participate.
Estimated Number of Respondents: 15.
Frequency: 1 application to share information about their Law
Enforcement Agency, monthly reports and quarterly calls to share
information on process measures on how the project is going.
Number of Responses: Approximately 15 agencies will apply. Each
agency will submit 1 application, 36 monthly reports, and 12 quarterly
calls.
Estimated Total Annual Burden Hours: 440 hours.
Data collection will require the following activities for
participating agencies: completing an application, reviewing and
signing a memorandum of understanding, participating in a kickoff call,
preparing and submitting monthly reports and participating in quarterly
phone calls. Agencies that are not selected for participation will
spend time only on completing the application.
The total estimated burden hours for each participating agency is
88 hours. Assuming 15 agencies respond and are selected, the total
estimated burden hours for all agencies is 1,320 hours. The estimated
total burden hours for any agency that submits an application
[[Page 53550]]
but is not selected is 1 hour. This is a 36-month effort, assuming
agencies are selected by March 2023 and provide monthly reports through
March 2026. The average annual burden for all agencies is 440 hours or
29.33 hour per respondent. Table 1 provides more details about the
total estimated burden hours.
Table 1--Estimated Total and Annual Burden Hours for Participating Agencies
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Number of Est. burden
Activity Number of times hours per Total est. burden hours
respondents completed activity
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Complete Application.................. 15 1 1 15
Prepare Equipment Request............. 15 1 1 15
Review and Sign MOU................... 15 1 1 15
Participate in Kickoff Call........... 15 1 1 15
Complete and Submit Monthly Reports 15 36 2 1,080
and Invoices.
Participate in Quarterly Phone Calls.. 15 12 1 180
Total Burden Hours................ .............. .............. .............. 1,320 hours.
Total Annual Burden Hours......... .............. .............. .............. 440 hours/year.
Total Burden Hours Per Respondent. .............. .............. .............. 88 hours.
Average Annual Burden Hours Per .............. .............. .............. 29.33 hours/year.
Respondent.
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Estimated Annualized Labor Costs for Selected Agencies
The burden hour labor cost associated with this collection of
information for selected agencies is derived by multiplying the
appropriate mean wage published by the Bureau of Labor Statistics
(weighted for total compensation) by the estimated burden hours for
selected agencies. The mean wage is estimated to be $37.67 per hour for
``Police and Sheriff's Patrol Officers''.\1\ This is estimated to be
62% of total compensation costs.\2\ Therefore, NHTSA estimates the
hourly labor costs to be $61.03. The estimated total labor cost for
selected agencies to participate in the project is $1,790.21 per
selected agency and $26,853.20 for all selected agencies.
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\1\ National estimates for Police and Sheriff's Patrol Officers,
available at https://www.bls.gov/oes/current/oes333051.htm (accessed
May 5, 2022).
\2\ Employer costs for employee compensation by ownership, state
and local government workers, available at https://www.bls.gov/news.release/ecec.t01.htm (accessed May 5, 2022).
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The estimated annual labor cost associated with the burden hours
per selected agency and all agencies is shown in Table 2.
Table 2--Estimated Annual Labor Cost for Selected Agencies
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Annual average Total annual
Annual respondents Average hourly burden hours Annual labor average burden Total annual
labor cost per respondent cost per agency hours labor cost
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15................................................................. $61.03 29.33 $1,790.21 440 $26,853.20
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Estimated Total Annual Burden Cost: There is no cost to
participating Law Enforcement Agencies beyond the time associated with
submitting reports and participating in quarterly calls.
Public Comments Invited: You are asked to comment on any aspects of
this information collection, including (a) whether the proposed
collection of information is necessary for the proper performance of
the functions of the Department, including whether the information will
have practical utility; (b) the accuracy of the Department's estimate
of the burden of the proposed information collection; (c) ways to
enhance the quality, utility and clarity of the information to be
collected; and (d) ways to minimize the burden of the collection of
information on respondents, including the use of automated collection
techniques or other forms of information technology.
Authority: The Paperwork Reduction Act of 1995; 44 U.S.C. chapter
35, as amended; 49 CFR 1.49; and DOT Order 1351.29.
Issued in Washington, DC.
Nanda Narayanan Srinivasan,
Associate Administrator, Research and Program Development.
[FR Doc. 2022-18787 Filed 8-30-22; 8:45 am]
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