[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]
BILLING CODE 4910-59-P