Agency Information Collection Activities; Renewal and Revision of an Approved Information Collection: Commercial Driver's License Drug and Alcohol Clearinghouse, 28882-28884 [2019-13086]
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28882
Federal Register / Vol. 84, No. 119 / Thursday, June 20, 2019 / Notices
SMALL BUSINESS ADMINISTRATION
[Disaster Declaration #15986 and #15987;
INDIANA Disaster Number IN–00064]
Administrative Declaration of a
Disaster for the State of INDIANA
(Catalog of Federal Domestic Assistance
Number 59008)
U.S. Small Business
Administration.
ACTION: Notice.
AGENCY:
Dated: June 12, 2019.
Christopher M. Pilkerton,
Acting Administrator.
This is a notice of an
Administrative declaration of a disaster
for the State of INDIANA dated 06/12/
2019.
Incident: Tornadoes, High Winds and
Severe Storms.
Incident Period: 05/27/2019.
DATES: Issued on 06/12/2019.
Physical Loan Application Deadline
Date: 08/12/2019.
Economic Injury (EIDL) Loan
Application Deadline Date: 03/12/2020.
ADDRESSES: Submit completed loan
applications to: U.S. Small Business
Administration, Processing and
Disbursement Center, 14925 Kingsport
Road, Fort Worth, TX 76155.
FOR FURTHER INFORMATION CONTACT: A.
Escobar, Office of Disaster Assistance,
U.S. Small Business Administration,
409 3rd Street SW, Suite 6050,
Washington, DC 20416, (202) 205–6734.
SUPPLEMENTARY INFORMATION: Notice is
hereby given that as a result of the
Administrator’s disaster declaration,
applications for disaster loans may be
filed at the address listed above or other
locally announced locations.
The following areas have been
determined to be adversely affected by
the disaster:
Primary Counties: Madison
Contiguous Counties:
Indiana: Delaware, Grant, Hamilton,
Hancock, Henry, Tipton.
The Interest Rates are:
SUMMARY:
jbell on DSK3GLQ082PROD with NOTICES
Percent
For Physical Damage:
Homeowners with Credit Available Elsewhere ......................
Homeowners without Credit
Available Elsewhere ..............
Businesses with Credit Available Elsewhere ......................
Businesses
without
Credit
Available Elsewhere ..............
Non-Profit Organizations with
Credit Available Elsewhere ...
Non-Profit Organizations without Credit Available Elsewhere .....................................
For Economic Injury:
Businesses & Small Agricultural
Cooperatives without Credit
Available Elsewhere ..............
Non-Profit Organizations without Credit Available Elsewhere .....................................
VerDate Sep<11>2014
17:47 Jun 19, 2019
The number assigned to this disaster
for physical damage is 15986 C and for
economic injury is 15987 0.
The State which received an EIDL
Declaration # is Indiana.
3.875
1.938
8.000
4.000
2.750
2.750
4.000
2.750
Jkt 247001
[FR Doc. 2019–13094 Filed 6–19–19; 8:45 am]
BILLING CODE 8206–03–P
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[Docket No. FMCSA–2019–0108]
Agency Information Collection
Activities; Renewal and Revision of an
Approved Information Collection:
Commercial Driver’s License Drug and
Alcohol Clearinghouse
Federal Motor Carrier Safety
Administration (FMCSA), Department
of Transportation (DOT).
ACTION: Notice and request for
comments.
AGENCY:
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 is January 6, 2020. Since
the original ICR was approved, no data
has yet been collected. With the
upcoming compliance date, 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 process.
DATES: We must receive your comments
on or before August 19, 2019.
ADDRESSES: You may submit comments
identified by Federal Docket
SUMMARY:
PO 00000
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Fmt 4703
Sfmt 4703
Management System (FDMS) Docket
Number FMCSA–2019–0108 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
dockets, or go to the street address listed
above.
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.
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
‘‘help’’ section of the Federal
eRulemaking Portal website. If you want
us to notify you that we received your
comments, please include a selfaddressed, 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: Juan
Moya, Compliance Division, Federal
Motor Carrier Safety Administration,
Department of Transportation, West
Building 6th Floor, 1200 New Jersey
Avenue SE, Washington, DC 20590.
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Federal Register / Vol. 84, No. 119 / Thursday, June 20, 2019 / Notices
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Telephone: 202–366–4844; email
clearinghouse@dot.gov.
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 preemployment drug testing, post-accident
testing, random drug and alcohol
testing, and reasonable suspicion
testing, as well as return-to-duty (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 Department of Transportation’s
(DOT) 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. No
information is currently being collected.
The Clearinghouse will function 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 will
utilize the Clearinghouse to determine
whether current and prospective
employees have incurred a drug or
alcohol violation that would prohibit
them from performing safety-sensitive
functions, including operating a CMV.
The Clearinghouse will provide
FMCSA and employers the necessary
tools to identify drivers who are
prohibited from operating a CMV and
VerDate Sep<11>2014
17:47 Jun 19, 2019
Jkt 247001
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 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
will be used by FMCSA and its State
partners for enforcement purposes:
• Ensure employers are meeting their
pre-employment investigation and
reporting requirements.
• 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 Enforcement personnel and
State Driver Licensing Agencies
(SDLAs) will be able to register and
access the Clearinghouse for designated
purposes. State enforcement personnel
will receive the driver’s eligibility status
to operate a CMV, based on
Clearinghouse information, when they
check Query Central or NLets for driver
information. 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 will be able to access their
own information, but not information of
other drivers. The Clearinghouse will
meet all relevant federal security
standards and FMCSA will
continuously monitor compliance with
applicable security regulations.
Title: Commercial Driver’s License
Drug and Alcohol Clearinghouse.
OMB Control Number: 2126–0057.
Type of Request: Renewal and
revision of a currently approved
information collection.
Respondents: Motor carriers
(employers), drivers, medical review
officers, substance abuse professionals,
consortia/third-party administrators
(C/TPAs), and State Driver’s Licensing
Agencies.
Estimated Number of Respondents:
11,038,986.
PO 00000
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Fmt 4703
Sfmt 4703
28883
Estimated Time per Response: Varies;
10 to 20 minutes.
Expiration Date: January 31, 2020.
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,
actual knowledge, negative RTD testing,
and completion of follow-up testing.
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
violations.
• Drivers must provide their specific
consent to pre-employment queries
electronically through the
Clearinghouse.
Estimated Total Annual Burden:
1,864,251.
Estimated Total Number
Respondents: 11,038,986.
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
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28884
Federal Register / Vol. 84, No. 119 / Thursday, June 20, 2019 / Notices
for OMB’s clearance of this information
collection.
Issued under the authority of 49 CFR 1.87
on: June 13, 2019.
Kenneth Riddle,
Director for Office of Registration and Safety
Information.
[FR Doc. 2019–13086 Filed 6–19–19; 8:45 am]
BILLING CODE 4910–EX–P
DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
[Docket Number FRA–2019–0044]
jbell on DSK3GLQ082PROD with NOTICES
Notice of Application for Approval of
Discontinuance or Modification of a
Railroad Signal System
Under part 235 of Title 49 of the Code
of Federal Regulations (CFR) and 49
U.S.C. 20502(a), this document provides
the public notice that by a document
dated May 30, 2019, the Belt Railway
Company of Chicago (BRC) petitioned
the Federal Railroad Administration
(FRA) seeking approval to discontinue
or modify a signal system. FRA assigned
the petition Docket Number FRA–2019–
0044.
Applicant: The Belt Railway
Company of Chicago, Mr. Harold T.
Kirman, Director Strategic Planning &
Compliance, 6900 South Central
Avenue, Bedford Park, IL 60638–6397.
Specifically, BRC requests permission
to permanently remove signals 8R and
24RC within the interlocking at
Lemoyne, Chicago, IL, located on BRC’s
Kenton Line at milepost 6.7. Signals 8R
and 24RC share a common mast and are
a legacy configuration from the
Canadian National Railway adopting
centralized traffic control on the Joliet
Subdivision.
BRC states the removal of these
signals will eliminate superfluous
signals with a commensurate reduction
in the cost of maintaining the signals.
The balance of the interlocking
functionality will remain the same.
A copy of the petition, as well as any
written communications concerning the
petition, is available for review online at
https://www.regulations.gov and in
person at the U.S. Department of
Transportation’s (DOT) Docket
Operations Facility, 1200 New Jersey
Avenue SE, W12–140, Washington, DC
20590. The Docket Operations Facility
is open from 9 a.m. to 5 p.m., Monday
through Friday, except Federal
Holidays.
Interested parties are invited to
participate in these proceedings by
submitting written views, data, or
comments. FRA does not anticipate
scheduling a public hearing in
VerDate Sep<11>2014
17:47 Jun 19, 2019
Jkt 247001
connection with these proceedings since
the facts do not appear to warrant a
hearing. If any interested parties desire
an opportunity for oral comment and a
public hearing, they should notify FRA,
in writing, before the end of the
comment period and specify the basis
for their request.
All communications concerning these
proceedings should identify the
appropriate docket number and may be
submitted by any of the following
methods:
• Website: https://
www.regulations.gov. Follow the online
instructions for submitting comments.
• Fax: 202–493–2251.
• Mail: Docket Operations Facility,
U.S. Department of Transportation, 1200
New Jersey Avenue SE, W12–140,
Washington, DC 20590.
• Hand Delivery: 1200 New Jersey
Avenue SE, Room W12–140,
Washington, DC 20590, between 9 a.m.
and 5 p.m., Monday through Friday,
except Federal Holidays.
Communications received by August
5, 2019 will be considered by FRA
before final action is taken. Comments
received after that date will be
considered if practicable.
Anyone can search the electronic
form of any written communications
and comments received into any of our
dockets by the name of the individual
submitting the comment (or signing the
document, if submitted on behalf of an
association, business, labor union, etc.).
Under 5 U.S.C. 553(c), DOT solicits
comments from the public to better
inform its processes. 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 https://www.dot.gov/
privacy. See also https://
www.regulations.gov/#!privacyNotice
for the privacy notice of regulations.gov.
Issued in Washington, DC.
John Karl Alexy,
Acting Associate Administrator, Office of
Railroad Safety.
[FR Doc. 2019–13067 Filed 6–19–19; 8:45 am]
BILLING CODE 4910–06–P
DEPARTMENT OF TRANSPORTATION
Federal Railroad Administration
[Docket Number FRA–2009–0078]
Petition for Waiver of Compliance
Under part 211 of Title 49 Code of
Federal Regulations (CFR), this
document provides the public notice
PO 00000
Frm 00097
Fmt 4703
Sfmt 4703
that on June 10, 2019, the American
Short Line and Regional Railroad
Association (ASLRRA) petitioned the
Federal Railroad Administration (FRA)
for an amended waiver of compliance
from certain provisions of the Federal
hours of service laws contained at 49
U.S.C. 21103(a)(4), which, in part,
require a train employee to receive 48
hours off duty after initiating an on-duty
period for 6 consecutive days. FRA
assigned the petition Docket Number
FRA–2009–0078.
Specifically, ASLRRA seeks to amend
its existing waiver to add four member
railroads that did not participate in the
original waiver, but in the second
quarter of 2019 determined that they
now wish to participate. ASLRRA states
the following railroads expressed a
desire to participate in the waiver, and
maintain at their headquarters
supporting documentation of employee
support as required:
• Black River & Western
• Belvidere and Delaware River
Railroad
• Dover and Delaware River Railroad
• Dover and Rockaway River Railroad
A copy of the petition, as well as any
written communications concerning the
petition, is available for review online at
www.regulations.gov and in person at
the U.S. Department of Transportation’s
(DOT) Docket Operations Facility, 1200
New Jersey Avenue SE, W12–140,
Washington, DC 20590. The Docket
Operations Facility is open from 9 a.m.
to 5 p.m., Monday through Friday,
except Federal Holidays.
Interested parties are invited to
participate in these proceedings by
submitting written views, data, or
comments. FRA does not anticipate
scheduling a public hearing in
connection with these proceedings since
the facts do not appear to warrant a
hearing. If any interested parties desire
an opportunity for oral comment and a
public hearing, they should notify FRA,
in writing, before the end of the
comment period and specify the basis
for their request.
All communications concerning these
proceedings should identify the
appropriate docket number and may be
submitted by any of the following
methods:
• Website: https://
www.regulations.gov. Follow the online
instructions for submitting comments.
• Fax: 202–493–2251.
• Mail: Docket Operations Facility,
U.S. Department of Transportation, 1200
New Jersey Avenue SE, W12–140,
Washington, DC 20590.
• Hand Delivery: 1200 New Jersey
Avenue SE, Room W12–140,
E:\FR\FM\20JNN1.SGM
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]]>Agencies
[Federal Register Volume 84, Number 119 (Thursday, June 20, 2019)]
[Notices]
[Pages 28882-28884]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-13086]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2019-0108]
Agency Information Collection Activities; Renewal and Revision 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.
-----------------------------------------------------------------------
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 is January
6, 2020. Since the original ICR was approved, no data has yet been
collected. With the upcoming compliance date, 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 process.
DATES: We must receive your comments on or before August 19, 2019.
ADDRESSES: You may submit comments identified by Federal Docket
Management System (FDMS) Docket Number FMCSA-2019-0108 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 dockets, or go to the street
address listed above.
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.
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 ``help'' 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: Juan Moya, Compliance Division,
Federal Motor Carrier Safety Administration, Department of
Transportation, West Building 6th Floor, 1200 New Jersey Avenue SE,
Washington, DC 20590.
[[Page 28883]]
Telephone: 202-366-4844; 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 return-to-duty
(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 Department of Transportation's (DOT) 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. No information
is currently being collected.
The Clearinghouse will function 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 will utilize the Clearinghouse to determine whether current
and prospective employees have incurred a drug or alcohol violation
that would prohibit them from performing safety-sensitive functions,
including operating a CMV.
The Clearinghouse will provide 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 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 will be used by FMCSA and its
State partners for enforcement purposes:
Ensure employers are meeting their pre-employment
investigation and reporting requirements.
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 Enforcement personnel and State Driver Licensing
Agencies (SDLAs) will be able to register and access the Clearinghouse
for designated purposes. State enforcement personnel will receive the
driver's eligibility status to operate a CMV, based on Clearinghouse
information, when they check Query Central or NLets for driver
information. 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 will be able to access their own information, but not
information of other drivers. The Clearinghouse will meet all relevant
federal security standards and FMCSA will continuously monitor
compliance with applicable security regulations.
Title: Commercial Driver's License Drug and Alcohol Clearinghouse.
OMB Control Number: 2126-0057.
Type of Request: Renewal and revision of a currently approved
information collection.
Respondents: Motor carriers (employers), drivers, medical review
officers, substance abuse professionals, consortia/third-party
administrators (C/TPAs), and State Driver's Licensing Agencies.
Estimated Number of Respondents: 11,038,986.
Estimated Time per Response: Varies; 10 to 20 minutes.
Expiration Date: January 31, 2020.
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,
actual knowledge, negative RTD testing, and completion of follow-up
testing. 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 violations.
Drivers must provide their specific consent to pre-
employment queries electronically through the Clearinghouse.
Estimated Total Annual Burden: 1,864,251.
Estimated Total Number Respondents: 11,038,986.
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
[[Page 28884]]
for OMB's clearance of this information collection.
Issued under the authority of 49 CFR 1.87 on: June 13, 2019.
Kenneth Riddle,
Director for Office of Registration and Safety Information.
[FR Doc. 2019-13086 Filed 6-19-19; 8:45 am]
BILLING CODE 4910-EX-P
