[Federal Register Volume 87, Number 213 (Friday, November 4, 2022)]
[Notices]
[Pages 66769-66771]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[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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[[Page 66770]]

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:
     Federal eRulemaking Portal: https://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 https://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 https://www.regulations.gov, 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 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 ``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: 
[email protected].

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:
     Ensure employers are meeting their pre-employment 
investigation and reporting requirements.

[[Page 66771]]

     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 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.
     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.
     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 program violations.
     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