[Federal Register Volume 88, Number 188 (Friday, September 29, 2023)]
[Notices]
[Pages 67434-67436]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-21548]


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DEPARTMENT OF TRANSPORTATION

Office of the Secretary

[Docket No. DOT-OST-2023-0143]


Agency Information Collection Activities: Requests for Comments; 
Clearance of a Renewed Approval of Information Collection(s): 
Procedures for Transportation Workplace Drug and Alcohol Testing 
Programs (ICR 2105-0529)

AGENCY:  Office of the Secretary (OST), DOT.

ACTION: Notice and request for comments.

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SUMMARY: The Department of Transportation (DOT) invites public comments 
about our intention to request Office of Management and Budget (OMB) 
approval to renew information collection 2105-0529, Procedures for 
Transportation Drug and Alcohol Testing Program (ICR 2105-0529). The 
information to be collected will be used to document tests conducted 
and actions taken to ensure safety in the workplace and/or are 
necessary under the Omnibus Transportation Employee Testing Act of 
1991, which requires DOT to implement a drug and alcohol testing 
program in various transportation-related industries. DOT is required 
to publish this notice in the Federal Register in accordance with the 
Paperwork Reduction Act of 1995.

DATES: Comments to this notice must be received by November 28, 2023.

ADDRESSES: You may submit comments by any of the following methods:
     Website: http://www.regulations.gov. Follow the 
instructions for submitting comments on the DOT electronic docket site.
     Federal eRulemaking Portal: http://www.regulations.gov 
Follow the 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, 
Room W12-140, Washington, DC 20590, between 9 a.m. and 5 p.m., Monday 
through Friday, except on Federal holidays.
    Instructions: You must include the agency name and docket number 
[DOT-OST-2023-0143] of this notice at the beginning of your comment. 
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 section of this document.
    Docket: You may view the public docket through the internet at 
http://

[[Page 67435]]

www.regulations.gov or in person at the Docket Management System office 
at the above address.
    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.

FOR FURTHER INFORMATION CONTACT: Mike Huntley, Office of Drug and 
Alcohol Policy and Compliance, Office of the Secretary, U.S. Department 
of Transportation, 1200 New Jersey Avenue SE, Washington, DC 20590; 
202-366-3784 (voice), 202-366-3897 (fax), or [email protected] 
(email).

SUPPLEMENTARY INFORMATION: 
    OMB Control Number: 2105-0529.
    Title: Procedures for Transportation Workplace Drug and Alcohol 
Testing Programs.
    Form Numbers: DOT F 1385; DOT F 1380.
    Type of Review: Clearance of a renewal of an information 
collection.
    Background: Under the Omnibus Transportation Employee Testing Act 
of 1991, DOT is required to implement a drug and alcohol testing 
program in various transportation related industries. This specific 
requirement is elaborated in 49 CFR part 40, Procedures for 
Transportation Workplace Drug and Alcohol Testing Programs (part 40). 
This request for a renewal of the information collection for the 
program includes 45 burden items related to the overall program and 2 
official DOT forms: the U.S. Department of Transportation Alcohol 
Testing Form (ATF) [DOT F 1380] and the DOT Drug and Alcohol Testing 
Management Information System (MIS) Data Collection Form [DOT F 1385].
    The ATF includes the employee's name, the type of test taken, the 
date of the test, and the name of the employer. Data on each test 
conducted, including test results, is necessary to document that the 
tests were conducted and is used to take action, when required, to 
ensure safety in the workplace. The MIS form includes employer specific 
drug and alcohol testing information such as the reason for the test 
and the cumulative number of test results for the negative, positive, 
and refusal tests. No employee specific data is collected. The MIS data 
is used by each of the affected DOT Agencies (i.e., Federal Aviation 
Administration, Federal Transit Administration, Federal Railroad 
Administration, Federal Motor Carrier Safety Administration, and the 
Pipeline and Hazardous Materials Safety Administration) and the United 
States Coast Guard when calculating their industry's annual random drug 
and/or alcohol testing rate.
    On May 2, 2023, Part 40 was amended to include oral fluid testing 
as an additional methodology for drug testing that gives employers a 
choice that will help combat employee cheating on urine drug tests and 
provide a less intrusive means of achieving the safety goals of the 
program [88 FR 27596]. As a result of the rule to include oral fluid 
testing as an additional methodology for drug testing, two new burden 
items have been added to this collection: (1) Oral Fluid Collector 
(Qualification and Refresher) Training Documentation [Sec.  40.35(b) & 
(e)]; and (2) Oral Fluid Collector Error Correction Training 
Documentation [Sec.  40.35(f)]. These new burden items are analogous to 
the existing burden items for urine collectors and screening test 
technicians and breath alcohol technicians.
    Also as a result of the May 2023 rule to include oral fluid as an 
additional methodology for drug testing, DOT will request OMB approval 
for a revision of the MIS Data Collection Form to facilitate the 
collection of oral fluid testing data from employers. Specifically, in 
Section III of the form, ``Drug Testing Data,'' DOT will add additional 
rows under each ``Type of Test'' (e.g., Pre-Employment, Random, Post-
Accident, Reasonable Suspicion/Cause, Return-to-Duty, Follow-Up, and 
Total) for employers to enter the number of urine tests, the number of 
oral fluid tests, and the number of total tests conducted.
    Respondents: The information will be collected from transportation 
employers, Department representatives, and a variety of service agents. 
Estimated total number of respondents is 1,426,662.
    Frequency: The information will be collected annually.
    Estimated Total Number Burden Hours: 1,469,136.

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                                                                    Burden per
            PRA item                 Number of       Number of       response      Total burden    Total salary
                                    respondents      responses       (minutes)        (hours)      costs ($) \1\
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Exemptions from Regulation                     1               1             180               3             122
 Provisions Requests [40.7(a)]..
Employer Stand-down Waiver                     0               0             480               0               0
 Requests [40.21(b)]............
Employee Testing Records from            549,029         990,596               8         132,079       5,387,502
 Previous Employers [40.25(a)]..
Employee Release of Information          549,029         990,596               8         132,079       5,387,502
 [40.25(f)].....................
MIS Form Submission [40.26].....          19,699          19,699              90          29,549       1,205,304
Urine Collector (Qualification             5,000           5,000               4             333          13,583
 and Refresher) Training
 Documentation [(40.33(b) & (e)]
Urine Collector Error Correction          17,980          17,980               4           1,199          48,907
 Training Documentation
 [40.33(f)].....................
Oral Fluid Collector                       5,000           5,000               4             333          13,583
 (Qualification and Refresher)
 Training Documentation
 [(40.35(b) & (e)]..............
Oral Fluid Collector Error                17,980          17,980               4           1,199          48,907
 Correction Training
 Documentation [40.35(f)].......
Laboratory Reports to DOT                      0               0              30               0               0
 Regarding Unlisted Adulterant
 [40.87(e)].....................
Semi-Annual Laboratory Reports                19         365,983               4          24,399         995,235
 to Employers [40.111(a)].......
Semi-Annual Laboratory Reports                19             456               4              30           1,224
 to DOT [40.111(d)].............
Medical Review Officer (MRO)               1,000           1,000               4              67           2,733
 (Qualifications and Continuing
 Education) Training
 Documentation [40.121(c) & (d)]
MRO Review of Negative Results             5,000         351,135               4          23,409         954,853
 Documentation
 [40.127(b)(2)(ii)].............
MRO Failure to Contact Donor               5,000          50,787               4           3,386         138,115
 Documentation [40.131(c)(1)]...

[[Page 67436]]

 
MRO Effort to Contact DER                  5,000          57,624               4           3,842         156,715
 Documentation
 [40.131(c)(2)(iii)]............
DER Successful Contact Employee           46,099          46,099               4           3,073         125,348
 Documentation [40.131(d)]......
DER Failure to Contact Employee           11,525          11,525               4             768          31,327
 Documentation [40.131(d)(2)(i)]
MRO Verification of Positive               5,000          11,525               4             768          31,327
 Result Without Interview
 Documentation [40.133].........
Adulterant/Substitution                        0               0              30               0               0
 Evaluation Physician Statements
 [40.145(g)(2)(ii)(d)]..........
MRO Cancellation of Adulterant/                0               0              30               0               0
 Substitution for Legitimate
 Reason Reports [40.145(g)(5)]..
Employee Admission of                         40              40               4               3             122
 Adulterating/Substituting
 Specimen MRO Determination
 [40.159(c)]....................
Split Specimen Requests by MRO             5,000          11,932               4             795          32,428
 [40.171(c)]....................
Split Failure to Reconfirm for                70              70               4               5             204
 Drugs Reports by MRO
 [40.187(b)]....................
Split Failure to Reconfirm for                 8               8               5               1              41
 Adulterant/Substitution Reports
 by MRO [40.187(c)].............
Shy Bladder Physician Statements             719             719               5              60           2,447
 [40.193(f)]....................
MRO Statements Regarding                       0               0               0               0               0
 Physical Evidence of Drug Use
 [40.195(b) & (c)]..............
Drug Test Correction Statements           25,000         143,840               8          19,179         782,311
 [40.205(b)(1) & (2)]...........
Breath Alcohol Technician (BAT)/           2,000           2,000               4             133           5,425
 Screening Test Technician (STT)
 (Qualification and Refresher)
 Training Documentation
 [40.213(b)(c) & (e)]...........
BAT/STT Error Correction                     401             401               4              27           1,101
 Training Documentation
 [40.213(f)]....................
Complete DOT Alcohol Testing              10,000       8,025,159               8       1,070,021      43,646,157
 Forms [40.225(a)]..............
Evidential Breath Testing Device          10,000          10,000               4             667          27,166
 Quality Assurance/Calibration
 Records [40.233(c)(4)].........
Shy Lung Physician Statements                401             401               4              27           1,101
 [40.265(c)(2)].................
Alcohol Test Correction                      803             803               4              54           2,203
 Statements [40.271(b)(1) & (2)]
Substance Abuse Professional               3,334           3,334               4             222           9,055
 (SAP) (Qualification and
 Continuing Education) Training
 Documentation [40.281(c) & (d)]
Employer SAP Lists to Employees          116,467         116,467               4           7,764         316,694
 [40.287].......................
SAP Reports to Employers                  10,000         201,258               4          13,417         547,279
 [40.311(c), (d) & (e)].........
Correction Notices to Service                 25              25              60              25           1,020
 Agents [40.373(a)].............
Notice of Proposed Exclusion                   5               5             600              50           2,040
 (NOPE) to Service Agents
 [40.375(a)]....................
Service Agent Requests to                      2               2              60               2              82
 Contest Public Interest
 Exclusions (PIE) [40.379(b)]...
Service Agent Information to                   2               2             240               8             326
 Argue PIE [40.379(b)(2)].......
Service Agent Information to                   2               2             240               8             326
 Contest PIE [40.381(a) & (b)]..
Notices of PIE to Service Agents               1               1              60               1              41
 [40.399].......................
Notices of PIE to Employer and                 1               1              60               1              41
 Public [40.401(b) & (d)].......
Service Agent PIE Notices to                   1             300              30             150           6,119
 Employers [40.403(a)]..........
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    Total New...................       1,426,662      11,459,756           2,328       1,469,136      59,926,016
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    Public Comments Invited: You are asked to comment on any aspect of 
this information collection, including (a) Whether the proposed 
collection of information is necessary for DOT's performance; (b) The 
accuracy of the estimated burden that the collection would impose on 
respondents; (c) Ways for the DOT to enhance the quality, utility and 
clarity of the information to be collected; and (d) Ways that the 
burden could be minimized without reducing the quality of the collected 
information. The agency will summarize and/or include your comments in 
the request for OMB's clearance of this information collection.
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    \1\ All salary costs are based upon the Department of Labor's 
bureau of Labor Statistics average employee compensation hourly cost 
in 2023.
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    Authority: The Paperwork Reduction Act of 1995; 44 U.S.C. Chapter 
35, as amended; and 49 CFR 1:48.

    Issued in Washington, DC, on September 26, 2023.

    Authority and Issuance.
Bohdan S. Baczara,
Deputy Director, DOT, Office of Drug and Alcohol Policy and Compliance.
[FR Doc. 2023-21548 Filed 9-28-23; 8:45 am]
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