Agency Information Collection Activities; Notice and Request for Comment; Examine Issues With Prosecuting Driving-Under-the-Influence-of-Drugs (DUID) Cases, 60009-60011 [2023-18654]

Agencies

• National Highway Traffic Safety Administration
• DEPARTMENT OF TRANSPORTATION

[Federal Register Volume 88, Number 167 (Wednesday, August 30, 2023)]
[Notices]
[Pages 60009-60011]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-18654]


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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2023-0011]


Agency Information Collection Activities; Notice and Request for 
Comment; Examine Issues With Prosecuting Driving-Under-the-Influence-
of-Drugs (DUID) Cases

AGENCY: National Highway Traffic Safety Administration (NHTSA), 
Department of Transportation (DOT).

ACTION: Notice and request for public comment on proposed collection of 
information.

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SUMMARY: The National Highway Traffic Safety Administration (NHTSA) 
invites public comments about our intention to request approval from 
the Office of Management and Budget (OMB) for a new information 
collection. Before a Federal agency can collect certain information 
from the public, it must receive approval from OMB. Under procedures 
established by the Paperwork Reduction Act of 1995, before seeking OMB 
approval, Federal agencies must solicit public comment on proposed 
collections of information, including extensions and reinstatement of 
previously approved collections. This document describes a collection 
of information for which NHTSA intends to seek OMB approval regarding 
prosecution of driving-under-the-influence-of-drugs (DUID) cases.

DATES: Comments must be received on or before October 30, 2023.

ADDRESSES: You may submit comments identified by Docket No. NHTSA-2023-
0011 using any of the following methods:
     Electronic submissions: Go to https://www.regulations.gov. 
Follow the online 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 
between 9 a.m. and 5 p.m., Monday through Friday, except Federal 
holidays. To be sure someone is there to help you, please call (202) 
366-9322 before coming.
    Instructions: All submissions must include the agency name and the 
docket number for this Notice. 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.
    Privacy Act: Anyone is able to search the electronic form of all 
comments received into any of our dockets by the name of the individual 
submitting the comment (or signing the comment, if submitted on behalf 
of an association, business, labor union, etc.). You may review DOT's 
complete Privacy Act Statement in the Federal Register published on 
April 11, 2000 (65 FR 19477-78) or you may visit https://www.transportation.gov/privacy.
    Docket: For access to the docket to read background documents or 
comments received, go to https://www.regulations.gov or the street 
address listed above. Follow the online instructions for accessing the 
dockets via internet.

FOR FURTHER INFORMATION CONTACT:  For additional information or access 
to background documents, contact Ms. Amy Berning, Contracting Officer's 
Representative, Office of Behavioral Safety Research (NPD-310), (202) 
366-5587, National Highway Traffic Safety Administration, 1200 New 
Jersey Avenue SE, Washington, DC 20590.

SUPPLEMENTARY INFORMATION: Under the Paperwork Reduction Act of 1995 
(PRA) (44 U.S.C. 3501 et seq.), before an agency submits a proposed 
collection of information to OMB for approval, it must first publish a 
document in the Federal Register providing a 60-day comment period and 
otherwise consult with members of the public and affected agencies 
concerning each proposed collection of information. The OMB has 
promulgated regulations describing what must be included in such a 
document. Under OMB's regulations (at 5 CFR 1320.8(d)), an agency must 
ask for public comment on the following: (i) whether the proposed 
collection of information is necessary for the proper

[[Page 60010]]

performance of the functions of the agency, including whether the 
information will have practical utility; (ii) the accuracy of the 
agency's estimate of the burden of the proposed collection of 
information, including the validity of the methodology and assumptions 
used; (iii) how to enhance the quality, utility, and clarity of the 
information to be collected; and (iv) how to minimize the burden of the 
collection of information on those who are to respond, including the 
use of appropriate automated, electronic, mechanical, or other 
technological collection techniques or other forms of information 
technology, for example, permitting electronic submission of responses. 
In compliance with these requirements, NHTSA asks for public comments 
on the following proposed collection of information for which the 
agency is seeking approval from OMB.
    Title: Examine Issues with Prosecuting Driving-Under-the-Influence-
of-Drugs (DUID) Cases.
    OMB Control Number: New.
    Form Numbers: NHTSA Form 1703 and NHTSA Form 1704.
    Type of Request: New information collection.
    Type of Review Requested: Regular.
    Requested Expiration Date of Approval: 3 years from date of 
approval.
    Summary of the Collection of Information: NHTSA is seeking approval 
to conduct interviews with State and local officials and others 
involved in prosecution and defense of drugs and driving offenses 
(DUID), to examine the challenges faced within the criminal justice 
system during the and to identify potential solutions to those 
challenges. Interviews will be conducted by telephone, virtual web 
meeting, or in-person with justice system professionals who have served 
or worked on DUID cases including prosecutors, Traffic Safety Resource 
Prosecutors (TSRPs), prosecutor coordinators, judges, Drug Recognition 
Experts (DREs), law enforcement officers with Advanced Roadside 
Impaired Driving Enforcement (ARIDE) training, officers with 
Standardized Field Sobriety Testing (SFST]) training, toxicologists, 
defense attorneys, and former jurors. Up to 221 interviews will be 
conducted. Participation by respondents will be voluntary. The 
interviews with prosecutors will be 60 minutes. The interviews with 
TSRPs, prosecutor coordinators, judges, and DREs and other law 
enforcement officers will be 30 minutes. The interviews with 
toxicologists, defense attorneys, and former jurors will be 20 minutes.

Description of the Need for the Information and Proposed Use of the 
Information

    NHTSA was established to reduce deaths, injuries, and economic 
losses resulting from motor vehicle crashes on the Nation's highways. 
As part of this statutory mandate, NHTSA is authorized to conduct 
research for the development of traffic safety programs. Title 23, 
United States Code, chapter 4, section 403 gives the Secretary of 
Transportation (NHTSA by delegation) authorization to use funds 
appropriated to conduct research and development activities. The agency 
develops, promotes, and implements educational, engineering, and 
enforcement programs with the goal of ending preventable tragedies and 
reducing economic costs associated with vehicle use and highway travel. 
Drug-impaired driving is a long-standing highway safety problem. Drug-
impaired driving arrests and prosecutions can be complex. The 
possibility of drug combinations, and evidence from forensic toxicology 
add to the complexity.
    The laws in the States where the offense occurred make a difference 
in whether, and what offense can be charged by prosecutors. For 
example, State laws vary on a range of issues such as statutory 
definitions of being impaired or being under the influence, how control 
of a vehicle is defined, if there are implied consent laws, the type of 
testing allowed, per se limits for selected drugs or no per se limits 
for drugs other than alcohol, varying concentration levels in States 
with per se laws, and whether alcohol or drug impaired driving are 
separate offenses for charging purposes. A prosecutor must consider 
these specific aspects of law in determining how to move forward with a 
case. In addition, at each step of the process, there are other factors 
such as evidence collection that influence decision-making and present 
challenges that must be addressed.
    NHTSA will use the information to produce a technical report that 
presents the results of the study. The technical report will provide 
aggregate summary identification of challenges prosecutors face in DUID 
cases and potential solutions including lessons learned. The technical 
report will not include any personally identifiable information (PII). 
Possible solutions to prosecutorial challenges that may be identified 
by State officials include legislation, training, policy, programs, and 
practices. The technical report will be shared with State highway 
safety offices, State and local governments, statewide prosecutor 
organizations, and those who are assigned to DUID cases including 
prosecutors, law enforcement, toxicologists, defense attorneys, and the 
judiciary.
    This study will examine the range of challenges faced by 
prosecutors in DUID cases and will explore potential solutions. The 
resulting outcome will provide prosecutors and others in the criminal 
justice system improved ability to overcome challenges. With this 
assistance, the project goal is to enhance the handling of DUID cases, 
and to reduce drug impaired driving and prevent the loss of life on the 
nation's roadways due to drug impairment.
    Frequency of Collection: This is a one-time collection.
    Affected Public: The respondents will be criminal justice 
professionals from up to 40 states who handle or have handled DUID 
cases. Between one and ten of each of the following will be selected: 
prosecutors, TSRPs, prosecutor coordinators, judges, Drug Recognition 
Experts (DREs), law enforcement officers (with SFST or ARIDE 
certification), toxicologists, defense attorneys or public defenders, 
and former jurors. Respondents may also be referred from other 
respondents for their expertise.
    Estimated Number of Respondents: There will be a total of up to 221 
semi-structured interviews using NHTSA Form 1703 and NHTSA Form 1704 
across these justice professionals, with emphasis on conducting 
interviews with more prosecutors who handle DUID cases.
    Estimated Total Annual Burden Hours: The total amount of burden is 
148 hours. The expected completion time for the interview is 60 minutes 
with prosecutors. The expected completion time for the interview is 30 
minutes for TSRPs, prosecutor coordinators, judges, DREs and SFST and 
ARIDE trained law enforcement officers. The expected completion time 
for the interview with toxicologists, defense attorneys, and jurors is 
20 minutes.
    Estimated Total Annual Burden Cost: The total amount of burden cost 
to respondents is estimated to be $9,304 (see Table 1).

[[Page 60011]]



              Table 1--Calculation of Total Burden Hours and Estimated Costs by Type of Respondent
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                                                                                       Total
       Type of respondent            Number of      Minutes per   Estimated wage     estimated         Total
                                   respondents*     respondent    per hour *****   burden hours   estimated cost
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Prosecutors Contacted...........              93               2          $71.17             3.1         $220.63
Prosecutors Recruited...........              70              60           71.17           69.75        4,964.11
TSRPs ** Contacted..............              53               2           71.17            1.77          125.73
TSRPs ** Recruited..............              40              30           71.17           19.88        1,414.50
Prosecutor Coordinators                       13               2           69.46            0.43           30.10
 Contacted......................
Prosecutor Coordinators                       10              30           69.46            4.88          338.62
 Recruited......................
Judges Contacted................              20               2           68.52            0.67           45.68
Judges Recruited................              15              30           68.52            7.50          513.90
Drug Recognition Experts (DREs)               59               2           34.02            1.97           66.91
 and Law Enforcement Officers
 Contacted......................
Drug Recognition Experts (DREs)               44              30           34.02           22.13          752.69
 and Law Enforcement Officers
 Recruited......................
Toxicologist Contacted..........              24               2           42.85            0.80           34.28
Toxicologist Recruited..........              18              20           42.85            6.00          257.10
Defense Attorneys *** Contacted.              20               2           71.17            0.67           47.45
Defense Attorneys Recruited.....              15              20           71.17            5.00          355.85
Jurors who have served on DUID                13               2           36.99            0.43           16.03
 juries **** Contacted..........
Jurors who have served on DUID                10              20           36.99            3.25          120.22
 juries Recruited...............
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    Total Contacted.............             295  ..............  ..............              10          586.80
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    Total Recruited.............             221  ..............  ..............             138        8,716.99
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        Total...................  ..............  ..............  ..............          148.21        9,303.79
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* A response rate of 75% is used for calculations. This is based on a NHTSA study where similar types of
  professionals were contracted about their work related to traffic safety.
** Traffic Safety Resource Prosecutors (TSRP)
*** Including public defenders and staff at the National Traffic Law Center and National Judicial College.
**** As identified by prosecutors during interviews.
***** US Department of Labor, Bureau of Labor Statistics (accessed September 2022). September 2022 National
  Occupational Employment and Wage Estimates--Mean Hourly Wage (All Occupations). https://www.bls.gov/oes/current/oes_nat.htm.

    Participation in this study is voluntary and there are no costs to 
respondents beyond the time spent in the interview and reviewing the 
interview notes. Participants will incur no burden related to annual 
reporting or record keeping due to the collection of this new 
information.
    Public Comments Invited: You are asked to comment on any aspects of 
this information collection, including (i) whether the proposed 
collection of information is necessary for the proper performance of 
the functions of the Department, including whether the information will 
have practical utility; (ii) the accuracy of the Department's estimate 
of the burden of the proposed information collection; (iii) ways to 
enhance the quality, utility and clarity of the information to be 
collected; and (iv) ways to minimize the burden of the collection of 
information on respondents, including the use of automated collection 
techniques or other forms of information technology.
    Authority: The Paperwork Reduction Act of 1995; 44 U.S.C. chapter 
35, as amended; 49 CFR 1.49; and DOT Order 1351.29A.

Nanda Narayanan Srinivasan,
Associate Administrator, Research and Program Development.
[FR Doc. 2023-18654 Filed 8-29-23; 8:45 am]
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