Agency Information Collection Activities; Approval of a Renewal Information Collection Request: Commercial Driver's License Drug and Alcohol Clearinghouse, 70619-70621 [2019-27635]
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Federal Register / Vol. 84, No. 246 / Monday, December 23, 2019 / Notices
proposed action will provide a facility
for safe and efficient movement of traffic
and freight in the region, particularly
between I–24, I–40, and I–69. The
Selected Alternative proposes the
construction of two roadway sections
within the project. The southern portion
constructs US–641/SR–54 from north of
Howard Road to the TennesseeKentucky State Line and consists of two
12-foot travel lanes in each direction, a
14-foot turning lane, and 8-foot outside
shoulders, within an approximate 300foot right-of-way (ROW). Construction
will be phased to initially build a threelane section with intent for future
widening to the ultimate five-lane
configuration. The northern portion of
the project constructs US–641 from the
Tennessee-Kentucky State Line to just
south of the bridge over the Middle Fork
of the Clarks River and consists of two
12-foot travel lanes in each direction, 4foot inside shoulders, 10-foot outside
shoulders, and a 48-foot depressed
median, within an approximate 330-foot
ROW.
The actions by the Federal agencies,
and the laws under which such actions
were taken, are described in the
Environmental Assessment (EA) for the
project, approved on July 17, 2019, and
in the FHWA FONSI issued on
November 15, 2019, and in other
documents in the FHWA project
records. The EA, FONSI, and other
project records are available by
contacting FHWA, TDOT, or KYTC at
the addresses provided above. The
FHWA EA and FONSI can be viewed
and downloaded from the project
website at https://transportation.ky.gov/
DistrictOne/Pages/US-641-Calloway.aspx or viewed at the TDOT Central
Office; James K. Polk Building, Suite
700, 505 Deaderick Street, Nashville,
Tennessee 37243; the TDOT Region 4,
Administrative Building, 300
Benchmark Place, Jackson, Tennessee
38301; the KYTC Central Office, 200
Mero Street, Frankfort, Kentucky 40622;
or the KYTC District 1 Office, 5501
Kentucky Dam Road, Paducah,
Kentucky 42003.
This notice applies to all Federal
agency decisions that are final as of the
issuance date of this notice and all laws
under which such actions were taken,
including but not limited to:
1. General: National Environmental
Policy Act (NEPA) [42 U.S.C. 4321–
4351]; Federal-Aid Highway Act [23
U.S.C. 109 and 23 U.S.C. 128].
2. Air: Clean Air Act [42 U.S.C. 7401–
7671(q)].
3. Land: Section 4(f) of the
Department of Transportation Act of
1966 [23 U.S.C. 138 and 49 U.S.C. 303].
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4. Wildlife: Endangered Species Act
[16 U.S.C. 1531–1544 and Section
1536]; Fish and Wildlife Coordination
Act [16 U.S.C. 661–667(d)]; Migratory
Bird Treaty Act [16 U.S.C. 703–712].
5. Historic and Cultural Resources:
Section 106 of the National Historic
Preservation Act of 1966, as amended
[54 U.S.C. 300101 et seq.].
6. Social and Economic: Civil Rights
Act of 1964 [42 U.S.C. 2000(d)–
2000(d)(1)]; Farmland Protection Policy
Act (FPPA) [7 U.S.C. 4201–4209].
7. Wetlands and Water Resources:
Clean Water Act (Section 404, Section
401, and Section 319) [33 U.S.C. 1251–
1377].
8. Hazardous Materials:
Comprehensive Environmental
Response, Compensation, and Liability
Act (CERCLA) [42 U.S.C. 9601–9675].
9. Executive Orders: E.O. 11990
Protection of Wetlands; E.O. 11988
Floodplain Management; E.O. 13112
Invasive Species; E.O. 12898 Federal
Actions to Address Environmental
Justice in Minority Populations and Low
Income Populations; E.O. 13175
Consultation and Coordination with
Indian Tribal Governments; E.O. 11514
Protection and Enhancement of
Environmental Quality.
(Catalog of Federal Domestic Assistance
Program Number 20.205, Highway Planning
and Construction. The regulations
implementing Executive Order 12372
regarding intergovernmental consultation on
Federal programs and activities apply to this
program.)
Authority: 23 U.S.C. 139(l)(1).
Issued on: December 5, 2019.
Todd Jeter,
Division Administrator, Frankfort, Kentucky.
[FR Doc. 2019–27021 Filed 12–20–19; 8:45 am]
BILLING CODE 4910–RY–P
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[Docket No. FMCSA–2019–0108]
Agency Information Collection
Activities; Approval of a Renewal
Information Collection Request:
Commercial Driver’s License Drug and
Alcohol Clearinghouse
Federal Motor Carrier Safety
Administration (FMCSA), 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)
SUMMARY:
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70619
described below to the Office of
Management and Budget (OMB) for
review and approval. 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’’
(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, FMCSA
has opened the Clearinghouse to user
registration, resulting in the collection
of user contact information. With the
upcoming compliance date, this ICR is
needed to ensure that Clearinghouse
querying and reporting requirements are
met to improve compliance with the
existing requirement that Commercial
Driver’s License (CDL) or Commercial
Learner’s Permit (CLP) holders who
have drug or alcohol testing violations
cannot perform safety-sensitive
functions, including driving a
commercial motor vehicle (CMV),
without participating in the required
return-to-duty process.
DATES: Please send your comments by
January 22, 2020. OMB must receive
your comments by this date.
ADDRESSES: All comments should
reference Federal Docket Management
System (FDMS) Docket Number
FMCSA–2019–0108. Interested persons
are invited to submit written comments
on the proposed information collection
to the Office of Information and
Regulatory Affairs, Office of
Management and Budget. Comments
should be addressed to the attention of
the Desk Officer, Department of
Transportation/Federal Motor Carrier
Safety Administration, and sent via
electronic mail to oira_submission@
omb.eop.gov, or faxed to (202) 395–
6974, or mailed to the Office of
Information and Regulatory Affairs,
Office of Management and Budget,
Docket Library, Room 10102, 725 17th
Street, NW, Washington, DC 20503.
FOR FURTHER INFORMATION CONTACT: Juan
Moya, Compliance Division,
Department of Transportation, Federal
Motor Carrier Safety Administration,
6th Floor, West Building, 1200 New
Jersey Avenue SE., Washington, DC
20590–0001. Telephone: 202–366–4844;
Email Address: clearinghouse@dot.gov.
Office hours are from 9 a.m. to 5 p.m.,
Monday through Friday, except Federal
Holidays.
SUPPLEMENTARY INFORMATION:
Title: Commercial Driver’s License
Drug and Alcohol Clearinghouse.
OMB Control Number: 2126–0057.
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Type of Request: Renewal
Respondents: Motor carriers
(employers), drivers, medical review
officers (MRO), substance abuse
professionals (SAP), consortia/thirdparty administrators (C/TPAs), and State
Drivers Licensing Agencies (SDLAs).
Estimated Number of Respondents:
11,038,986.
Estimated Time per Response: 20
minutes.
Expiration Date: January 31, 2020.
Frequency of Response: On occasion.
Estimated Total Annual Burden:
1,864,251.
An authorized 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. In addition, employers
report to the Clearinghouse alcohol
confirmation test, 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 of a driver’s conduct
prohibited by 49 CFR part 382, subpart
B, negative return-to-duty (RTD) test
results, and the driver’s 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.
• MROs: Verified positive,
adulterated or substituted drug test
result and refusals to tests (drug) must
be entered to the Clearinghouse no later
than two business days of making a
determination or verification.
• SAPs: Must enter the initial
assessment date and the date the driver
successfully complied with return-toduty (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 compliance with the RTD
process.
• SDLAs will be required to query the
Clearinghouse prior to specified
licensing transactions to determine if
there are existing drug or alcohol
violations.1
1 On September 6, 2019, FMCSA published a
Notice of Proposed Rulemaking (NPRM) to extend
the compliance date for the States’ mandatory query
of the Clearinghouse, as set forth in the
Clearinghouse final rule, from January 6, 2020 to
January 6, 2023. (84 FR 46923 (Sept. 6, 2019)) The
NPRM proposed that, in the interim, States be
permitted to voluntarily query the Clearinghouse
beginning January 6, 2020. The Agency expects that
a final rule will be published before the end of
2019.
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• Drivers must provide their specific
consent to pre-employment queries
electronically through the
Clearinghouse.
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 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 these
statutory requirements.
On June 20, 2019, the FMCSA
published a 60-day ICR notice (84 FR
28882). The Agency received 24
comments in response to the ICR notice.
These comments are summarized below.
Thirteen commenters recommended an
application programming interface (API)
to reduce the burden of manual entries
by employers or their designated C/
TPAs, MROs, and employee-designated
SAPs. In addition, several commenters
stated an API would increase efficiency
when querying the Clearinghouse for
current and prospective employees.
Some commenters suggested that the
API would reduce errors in reporting of
information, as well as reduce cost to
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employers and service agents. One
commenter recommended delaying the
implementation of the Clearinghouse
until the development of an API has
been completed.
FMCSA Response: The Agency
believes that conducting mandatory preemployment and annual Clearinghouse
queries will impose the most significant
burden on employers or their designated
C/TPAs. In order to alleviate this
burden, FMCSA developed a bulk query
template allowing employers or their
designated C/TPAs to submit multiple
queries at one time rather than querying
each individual driver. FMCSA will
consider the development of an API as
a future enhancement to the system.
One commenter noted increased
burden during registration due to the
establishment of two-factor
authentication methods through
login.gov. Login.gov is a shared service
which provides the public secure and
private online access to participating
Federal government programs, such as
the Clearinghouse.
FMCSA Response: A two-factor
authentication for all Clearinghouse
users is necessary to ensure the security
of sensitive driver-specific information.
Once the login.gov account has been
created, there is no additional burden to
authorized users during the registration.
One commenter recommended that
the comment period for the ICR be
extended until after implementation of
the Clearinghouse.
FMCSA Response: In accordance with
information collection requirements
established by the Paperwork Reduction
Act of 1995 and related regulations, the
public is invited to respond to this
Federal Register Notice (FRN) during
the 30-day comment period. All
comments will be considered before
publishing the final FRN for the ICR.
The remaining comments were not
relevant to the subject matter of the ICR.
FMCSA opened the Clearinghouse to
user registration on October 1, 2019.
Information stored in the Clearinghouse
includes the user name, point of contact
information, email address, system role,
CDL information (as applicable),
credential information (as applicable)
and company information (as
applicable). This information collected
is covered under the existing
Clearinghouse ICR (2126–0057).
The Clearinghouse will function as a
repository for records relating to the
positive test results and test refusals of
CMV operators and other 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
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prospective employees have incurred a
drug or alcohol violation that would
prohibit them from performing safetysensitive 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
highway safety 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.
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 FMCSA to perform its
functions; (2) the accuracy of the
estimated burden; (3) ways for the
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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.
Issued under the authority delegated in 49
CFR 1.87 on: December 17, 2019.
G. Kelly Regal,
Associate Administrator for Office of
Research and Information Technology.
[FR Doc. 2019–27635 Filed 12–20–19; 8:45 am]
BILLING CODE 4910–EX–P
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[Docket No. FMCSA–2019–0287]
Driver Qualification Files: Application
for Exemption; Knight-Swift
Transportation Holdings, Inc.
Federal Motor Carrier Safety
Administration (FMCSA), DOT.
ACTION: Notice of application for
exemption; request for comments.
AGENCY:
FMCSA announces that
Knight-Swift Transportation Holdings,
Inc. (Knight-Swift) has applied for an
exemption from regulations requiring
motor carriers to obtain the motor
vehicle record (MVR) of its drivers
holding a commercial driver’s license
(CDL) whenever the driver’s MVR is
updated by a new medical examination.
Knight-Swift seeks exemption only
when a newly-hired driver undergoes a
medical examination. Knight-Swift
suggests that in these cases it be
permitted to satisfy this requirement by
obtaining other proof of the results of
the medical examination. FMCSA
requests public comments on the
request for exemption. The application
is available in the docket.
DATES: January 22, 2020.
ADDRESSES: You may submit comments
bearing the Federal Docket Management
System (FDMS) Docket ID FMCSA–
2019–0287 using any of the following
methods:
• Federal eRulemaking Portal:
www.regulations.gov. Follow the online
instructions for submitting comments.
• Mail: Docket Management Facility,
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: West
Building, Ground Floor, Room W12–
140, 1200 New Jersey Avenue SE,
between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
SUMMARY:
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70621
• Fax: 1–202–493–2251.
Each submission must include the
Agency name and the docket number for
this notice. Note that DOT posts all
comments received without change to
www.regulations.gov, including any
personal information included in a
comment. Please see the Privacy Act
heading below.
Docket: For access to the docket to
read background documents or
comments, go to www.regulations.gov at
any time or visit Room W12–140 on the
ground level of the West Building, 1200
New Jersey Avenue SE, Washington,
DC, between 9 a.m. and 5 p.m., ET,
Monday through Friday, except Federal
holidays. The on-line FDMS is available
24 hours each day, 365 days each year.
If you want acknowledgment that we
received your comments, please include
a self-addressed, stamped envelope or
postcard or print the acknowledgement
page that appears after submitting
comments on-line.
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: For
information concerning this notice
contact Ms. La Tonya Mimms, Chief,
Driver and Carrier Operations Division;
Office of Carrier, Driver and Vehicle
Safety Standards; Telephone: 202–366–
9220. Email: MCPSD@dot.gov. If you
have questions on viewing or submitting
material to the docket, contact Docket
Services, telephone (202) 366–9826.
SUPPLEMENTARY INFORMATION:
I. Public Participation and Request for
Comments
FMCSA encourages you to participate
by submitting comments and related
materials.
Submitting Comments
If you submit a comment, please
include the docket number for this
notice (FMCSA–2019–0287), indicate
the specific section of this document to
which the comment applies, and
provide a reason for suggestions or
recommendations. You may submit
your comments and material online or
by fax, mail, or hand delivery, but
please use only one of these means.
FMCSA recommends that you include
your name and a mailing address, an
email address, or a phone number in the
body of your document so the Agency
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]]>Agencies
[Federal Register Volume 84, Number 246 (Monday, December 23, 2019)]
[Notices]
[Pages 70619-70621]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-27635]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2019-0108]
Agency Information Collection Activities; Approval of a Renewal
Information Collection Request: Commercial Driver's License Drug and
Alcohol Clearinghouse
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), 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 (OMB) for review
and approval. 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'' (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,
FMCSA has opened the Clearinghouse to user registration, resulting in
the collection of user contact information. With the upcoming
compliance date, this ICR is needed to ensure that Clearinghouse
querying and reporting requirements are met to improve compliance with
the existing requirement that Commercial Driver's License (CDL) or
Commercial Learner's Permit (CLP) holders who have drug or alcohol
testing violations cannot perform safety-sensitive functions, including
driving a commercial motor vehicle (CMV), without participating in the
required return-to-duty process.
DATES: Please send your comments by January 22, 2020. OMB must receive
your comments by this date.
ADDRESSES: All comments should reference Federal Docket Management
System (FDMS) Docket Number FMCSA-2019-0108. Interested persons are
invited to submit written comments on the proposed information
collection to the Office of Information and Regulatory Affairs, Office
of Management and Budget. Comments should be addressed to the attention
of the Desk Officer, Department of Transportation/Federal Motor Carrier
Safety Administration, and sent via electronic mail to
[email protected], or faxed to (202) 395-6974, or mailed to
the Office of Information and Regulatory Affairs, Office of Management
and Budget, Docket Library, Room 10102, 725 17th Street, NW,
Washington, DC 20503.
FOR FURTHER INFORMATION CONTACT: Juan Moya, Compliance Division,
Department of Transportation, Federal Motor Carrier Safety
Administration, 6th Floor, West Building, 1200 New Jersey Avenue SE.,
Washington, DC 20590-0001. Telephone: 202-366-4844; Email Address:
[email protected]. Office hours are from 9 a.m. to 5 p.m., Monday
through Friday, except Federal Holidays.
SUPPLEMENTARY INFORMATION:
Title: Commercial Driver's License Drug and Alcohol Clearinghouse.
OMB Control Number: 2126-0057.
[[Page 70620]]
Type of Request: Renewal
Respondents: Motor carriers (employers), drivers, medical review
officers (MRO), substance abuse professionals (SAP), consortia/third-
party administrators (C/TPAs), and State Drivers Licensing Agencies
(SDLAs).
Estimated Number of Respondents: 11,038,986.
Estimated Time per Response: 20 minutes.
Expiration Date: January 31, 2020.
Frequency of Response: On occasion.
Estimated Total Annual Burden: 1,864,251.
An authorized 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. In addition, employers
report to the Clearinghouse alcohol confirmation test, 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 of a
driver's conduct prohibited by 49 CFR part 382, subpart B, negative
return-to-duty (RTD) test results, and the driver's 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.
MROs: Verified positive, adulterated or substituted drug
test result and refusals to tests (drug) must be entered to the
Clearinghouse no later than two business days of making a determination
or verification.
SAPs: Must enter the initial assessment date and the date
the driver successfully complied with return-to-duty (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 compliance with the RTD process.
SDLAs will be required to query the Clearinghouse prior to
specified licensing transactions to determine if there are existing
drug or alcohol violations.\1\
---------------------------------------------------------------------------
\1\ On September 6, 2019, FMCSA published a Notice of Proposed
Rulemaking (NPRM) to extend the compliance date for the States'
mandatory query of the Clearinghouse, as set forth in the
Clearinghouse final rule, from January 6, 2020 to January 6, 2023.
(84 FR 46923 (Sept. 6, 2019)) The NPRM proposed that, in the
interim, States be permitted to voluntarily query the Clearinghouse
beginning January 6, 2020. The Agency expects that a final rule will
be published before the end of 2019.
---------------------------------------------------------------------------
Drivers must provide their specific consent to pre-
employment queries electronically through the Clearinghouse.
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 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 these statutory requirements.
On June 20, 2019, the FMCSA published a 60-day ICR notice (84 FR
28882). The Agency received 24 comments in response to the ICR notice.
These comments are summarized below. Thirteen commenters recommended an
application programming interface (API) to reduce the burden of manual
entries by employers or their designated C/TPAs, MROs, and employee-
designated SAPs. In addition, several commenters stated an API would
increase efficiency when querying the Clearinghouse for current and
prospective employees. Some commenters suggested that the API would
reduce errors in reporting of information, as well as reduce cost to
employers and service agents. One commenter recommended delaying the
implementation of the Clearinghouse until the development of an API has
been completed.
FMCSA Response: The Agency believes that conducting mandatory pre-
employment and annual Clearinghouse queries will impose the most
significant burden on employers or their designated C/TPAs. In order to
alleviate this burden, FMCSA developed a bulk query template allowing
employers or their designated C/TPAs to submit multiple queries at one
time rather than querying each individual driver. FMCSA will consider
the development of an API as a future enhancement to the system.
One commenter noted increased burden during registration due to the
establishment of two-factor authentication methods through login.gov.
Login.gov is a shared service which provides the public secure and
private online access to participating Federal government programs,
such as the Clearinghouse.
FMCSA Response: A two-factor authentication for all Clearinghouse
users is necessary to ensure the security of sensitive driver-specific
information. Once the login.gov account has been created, there is no
additional burden to authorized users during the registration.
One commenter recommended that the comment period for the ICR be
extended until after implementation of the Clearinghouse.
FMCSA Response: In accordance with information collection
requirements established by the Paperwork Reduction Act of 1995 and
related regulations, the public is invited to respond to this Federal
Register Notice (FRN) during the 30-day comment period. All comments
will be considered before publishing the final FRN for the ICR.
The remaining comments were not relevant to the subject matter of
the ICR.
FMCSA opened the Clearinghouse to user registration on October 1,
2019. Information stored in the Clearinghouse includes the user name,
point of contact information, email address, system role, CDL
information (as applicable), credential information (as applicable) and
company information (as applicable). This information collected is
covered under the existing Clearinghouse ICR (2126-0057).
The Clearinghouse will function as a repository for records
relating to the positive test results and test refusals of CMV
operators and other 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
[[Page 70621]]
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 highway safety 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.
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 FMCSA to perform its functions; (2) the
accuracy of the estimated burden; (3) ways for the 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.
Issued under the authority delegated in 49 CFR 1.87 on: December
17, 2019.
G. Kelly Regal,
Associate Administrator for Office of Research and Information
Technology.
[FR Doc. 2019-27635 Filed 12-20-19; 8:45 am]
BILLING CODE 4910-EX-P
