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Agency Information Collection Activities; Notice and Request for Comment; Examine Issues With Prosecuting Driving-Under-the-Influence-of-Drugs (DUID) Cases Publication: Federal Register Agency: National Highway Traffic Safety Administration Byline: Nanda Narayanan Srinivasan Date: 30 August 2023 Subjects: American Government  , Safety
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[Federal Register Volume 88, Number 167 (Wednesday, August 30, 2023)]
[Notices]
[Pages 60009-60011]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-18654]
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DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety Administration
[Docket No. NHTSA-2023-0011]
Agency Information Collection Activities; Notice and Request for
Comment; Examine Issues With Prosecuting Driving-Under-the-Influence-
of-Drugs (DUID) Cases
AGENCY: National Highway Traffic Safety Administration (NHTSA),
Department of Transportation (DOT).
ACTION: Notice and request for public comment on proposed collection of
information.
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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. 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 regarding
prosecution of driving-under-the-influence-of-drugs (DUID) cases.
DATES: Comments must be received on or before October 30, 2023.
ADDRESSES: You may submit comments identified by Docket No. NHTSA-2023-
0011 using any of the following methods:
Electronic submissions: Go to http://www.regulations.gov.
Follow the online instructions for submitting comments.
Fax: 1-202-493-2251.
Mail or Hand Delivery: Docket Management Facility, U.S.
Department of Transportation, 1200 New Jersey Avenue SE, West Building
between 9 a.m. and 5 p.m., Monday through Friday, except 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 the
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 Ms. Amy Berning, Contracting Officer's
Representative, Office of Behavioral Safety Research (NPD-310), (202)
366-5587, National Highway Traffic Safety Administration, 1200 New
Jersey Avenue SE, Washington, DC 20590.
SUPPLEMENTARY INFORMATION: Under the Paperwork Reduction Act of 1995
(PRA) (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 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 regulations (at 5 CFR 1320.8(d)), an agency must
ask for public comment on the following: (i) whether the proposed
collection of information is necessary for the proper
[[Page 60010]]
performance of the functions of the agency, including whether the
information will have practical utility; (ii) 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; (iii) how to enhance the quality, utility, and clarity of the
information to be collected; and (iv) 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, for example, 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: Examine Issues with Prosecuting Driving-Under-the-Influence-
of-Drugs (DUID) Cases.
OMB Control Number: New.
Form Numbers: NHTSA Form 1703 and NHTSA Form 1704.
Type of Request: New information collection.
Type of Review Requested: Regular.
Requested Expiration Date of Approval: 3 years from date of
approval.
Summary of the Collection of Information: NHTSA is seeking approval
to conduct interviews with State and local officials and others
involved in prosecution and defense of drugs and driving offenses
(DUID), to examine the challenges faced within the criminal justice
system during the and to identify potential solutions to those
challenges. Interviews will be conducted by telephone, virtual web
meeting, or in-person with justice system professionals who have served
or worked on DUID cases including prosecutors, Traffic Safety Resource
Prosecutors (TSRPs), prosecutor coordinators, judges, Drug Recognition
Experts (DREs), law enforcement officers with Advanced Roadside
Impaired Driving Enforcement (ARIDE) training, officers with
Standardized Field Sobriety Testing (SFST]) training, toxicologists,
defense attorneys, and former jurors. Up to 221 interviews will be
conducted. Participation by respondents will be voluntary. The
interviews with prosecutors will be 60 minutes. The interviews with
TSRPs, prosecutor coordinators, judges, and DREs and other law
enforcement officers will be 30 minutes. The interviews with
toxicologists, defense attorneys, and former jurors will be 20 minutes.
Description of the Need for the Information and Proposed Use of the
Information
NHTSA was established to reduce deaths, injuries, and economic
losses resulting from motor vehicle crashes on the Nation's highways.
As part of this statutory mandate, NHTSA is authorized to conduct
research for the development of traffic safety programs. Title 23,
United States Code, chapter 4, section 403 gives the Secretary of
Transportation (NHTSA by delegation) authorization to use funds
appropriated to conduct research and development activities. The agency
develops, promotes, and implements educational, engineering, and
enforcement programs with the goal of ending preventable tragedies and
reducing economic costs associated with vehicle use and highway travel.
Drug-impaired driving is a long-standing highway safety problem. Drug-
impaired driving arrests and prosecutions can be complex. The
possibility of drug combinations, and evidence from forensic toxicology
add to the complexity.
The laws in the States where the offense occurred make a difference
in whether, and what offense can be charged by prosecutors. For
example, State laws vary on a range of issues such as statutory
definitions of being impaired or being under the influence, how control
of a vehicle is defined, if there are implied consent laws, the type of
testing allowed, per se limits for selected drugs or no per se limits
for drugs other than alcohol, varying concentration levels in States
with per se laws, and whether alcohol or drug impaired driving are
separate offenses for charging purposes. A prosecutor must consider
these specific aspects of law in determining how to move forward with a
case. In addition, at each step of the process, there are other factors
such as evidence collection that influence decision-making and present
challenges that must be addressed.
NHTSA will use the information to produce a technical report that
presents the results of the study. The technical report will provide
aggregate summary identification of challenges prosecutors face in DUID
cases and potential solutions including lessons learned. The technical
report will not include any personally identifiable information (PII).
Possible solutions to prosecutorial challenges that may be identified
by State officials include legislation, training, policy, programs, and
practices. The technical report will be shared with State highway
safety offices, State and local governments, statewide prosecutor
organizations, and those who are assigned to DUID cases including
prosecutors, law enforcement, toxicologists, defense attorneys, and the
judiciary.
This study will examine the range of challenges faced by
prosecutors in DUID cases and will explore potential solutions. The
resulting outcome will provide prosecutors and others in the criminal
justice system improved ability to overcome challenges. With this
assistance, the project goal is to enhance the handling of DUID cases,
and to reduce drug impaired driving and prevent the loss of life on the
nation's roadways due to drug impairment.
Frequency of Collection: This is a one-time collection.
Affected Public: The respondents will be criminal justice
professionals from up to 40 states who handle or have handled DUID
cases. Between one and ten of each of the following will be selected:
prosecutors, TSRPs, prosecutor coordinators, judges, Drug Recognition
Experts (DREs), law enforcement officers (with SFST or ARIDE
certification), toxicologists, defense attorneys or public defenders,
and former jurors. Respondents may also be referred from other
respondents for their expertise.
Estimated Number of Respondents: There will be a total of up to 221
semi-structured interviews using NHTSA Form 1703 and NHTSA Form 1704
across these justice professionals, with emphasis on conducting
interviews with more prosecutors who handle DUID cases.
Estimated Total Annual Burden Hours: The total amount of burden is
148 hours. The expected completion time for the interview is 60 minutes
with prosecutors. The expected completion time for the interview is 30
minutes for TSRPs, prosecutor coordinators, judges, DREs and SFST and
ARIDE trained law enforcement officers. The expected completion time
for the interview with toxicologists, defense attorneys, and jurors is
20 minutes.
Estimated Total Annual Burden Cost: The total amount of burden cost
to respondents is estimated to be $9,304 (see Table 1).
[[Page 60011]]
Table 1--Calculation of Total Burden Hours and Estimated Costs by Type of Respondent
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Total
Type of respondent Number of Minutes per Estimated wage estimated Total
respondents* respondent per hour ***** burden hours estimated cost
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Prosecutors Contacted........... 93 2 $71.17 3.1 $220.63
Prosecutors Recruited........... 70 60 71.17 69.75 4,964.11
TSRPs ** Contacted.............. 53 2 71.17 1.77 125.73
TSRPs ** Recruited.............. 40 30 71.17 19.88 1,414.50
Prosecutor Coordinators 13 2 69.46 0.43 30.10
Contacted......................
Prosecutor Coordinators 10 30 69.46 4.88 338.62
Recruited......................
Judges Contacted................ 20 2 68.52 0.67 45.68
Judges Recruited................ 15 30 68.52 7.50 513.90
Drug Recognition Experts (DREs) 59 2 34.02 1.97 66.91
and Law Enforcement Officers
Contacted......................
Drug Recognition Experts (DREs) 44 30 34.02 22.13 752.69
and Law Enforcement Officers
Recruited......................
Toxicologist Contacted.......... 24 2 42.85 0.80 34.28
Toxicologist Recruited.......... 18 20 42.85 6.00 257.10
Defense Attorneys *** Contacted. 20 2 71.17 0.67 47.45
Defense Attorneys Recruited..... 15 20 71.17 5.00 355.85
Jurors who have served on DUID 13 2 36.99 0.43 16.03
juries **** Contacted..........
Jurors who have served on DUID 10 20 36.99 3.25 120.22
juries Recruited...............
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Total Contacted............. 295 .............. .............. 10 586.80
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Total Recruited............. 221 .............. .............. 138 8,716.99
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Total................... .............. .............. .............. 148.21 9,303.79
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* A response rate of 75% is used for calculations. This is based on a NHTSA study where similar types of
professionals were contracted about their work related to traffic safety.
** Traffic Safety Resource Prosecutors (TSRP)
*** Including public defenders and staff at the National Traffic Law Center and National Judicial College.
**** As identified by prosecutors during interviews.
***** US Department of Labor, Bureau of Labor Statistics (accessed September 2022). September 2022 National
Occupational Employment and Wage Estimates--Mean Hourly Wage (All Occupations). http://www.bls.gov/oes/current/oes_nat.htm.
Participation in this study is voluntary and there are no costs to
respondents beyond the time spent in the interview and reviewing the
interview notes. Participants will incur no burden related to annual
reporting or record keeping due to the collection of this new
information.
Public Comments Invited: You are asked to comment on any aspects of
this information collection, including (i) 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; (ii) the accuracy of the Department's estimate
of the burden of the proposed information collection; (iii) ways to
enhance the quality, utility and clarity of the information to be
collected; and (iv) 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 1351.29A.
Nanda Narayanan Srinivasan,
Associate Administrator, Research and Program Development.
[FR Doc. 2023-18654 Filed 8-29-23; 8:45 am]
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