[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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