Commercial Driver's License Drug and Alcohol Clearinghouse

OMB Control No: 2126-0057	ICR Reference No: 201912-2126-002
Status: Active	Previous ICR Reference No: 201611-2126-002
Agency/Subagency: DOT/FMCSA	Agency Tracking No:
Title: Commercial Driver's License Drug and Alcohol Clearinghouse
Type of Information Collection: Extension without change of a currently approved collection	Common Form ICR:  No
Type of Review Request: Regular
OIRA Conclusion Action: Approved without change	Conclusion Date: 02/17/2020
Retrieve Notice of Action (NOA)	Date Received in OIRA: 12/30/2019
Terms of Clearance:

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	02/28/2023	36 Months From Approved	02/29/2020
Responses	11,038,986	0	1
Time Burden (Hours)	1,862,790	0	0
Cost Burden (Dollars)	61,300,000	0	0

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Abstract: Section 32402 of the Moving Ahead for Progress in the 21st Century Act (MAP–21), codified at 49 U.S.C. 31306a, requires the Secretary of Transportation to establish, operate, and maintain a national clearinghouse for records relating to alcohol and controlled substances testing of commercial motor vehicle (CMV) operators. The final rule (81 FR 87686) was published on December 5, 2016. The effective date of the final rule is January 4, 2017, and the compliance date is January 6, 2020. The reporting is mandatory and if not annually, then on occasion. Information stored in the Clearinghouse includes the user name, point of contact information, email address, system role, CDL information, credential information, and company information. The purpose of the Clearinghouse is to improve compliance with the U.S. Department of Transportation (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 CMV drivers. Motor carrier employers will use driver-specific information from the Clearinghouse to determine whether any driver they employ, or seek to employ, is prohibited from operating a CMV due to a drug or alcohol testing violation. State Driver’s Licensing Agencies (SDLAs) will use Clearinghouse information to identify drivers who have violated the Agency’s drug and alcohol rules, and are prohibited from operating CMVs. The Federal Motor Carrier Safety Administration (FMCSA) will use the information for research and enforcement purposes. The National Transportation Safety Board (NTSB) will use information about drivers involved in crashes under NTSB investigation. The information collection (IC) instruments are as follows: IC1: Employers will make limited queries annually to the Clearinghouse for each of their drivers to determine whether or not violation information exists in a driver’s Clearinghouse record. IC2: Employers will make full queries to the Clearinghouse as part of the pre-employment screening process to obtain detailed drug and alcohol violation information, if any, for the queried driver. IC3: Employers may designate Consortia/Third-party Administrators (C/TPAs) to query and/or report to the Clearinghouse on their behalf. IC4: Substance Abuse Professionals (SAPs) will be required to input information to the Clearinghouse about drivers who initiate and complete the return to duty process. IC5: Medical Review Officers (MROs), C/TPAs, and employers will be required to report information to the Clearinghouse. IC6: Employers, C/TPAs, MROs, and SAPs will be required to register and become familiar with the new processes and requirements of the Clearinghouse. IC7: Employers and C/TPAs must annually verify the names of persons authorized to report and obtain information from the Clearinghouse. IC8: The driver must provide specific consent electronically, via the Clearinghouse, to an employer’s request for a full query before the driver’s information is made available to the employer. IC9: Drivers’ consent to release pre-employment full queries before the driver-specific information is made available to the employer.

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Authorizing Statute(s): US Code: 49 USC 31306a Name of Law: Moving Ahead for Progress in the 21st Century Act (MAP–21)    PL: Pub.L. 112 - 141 126 Stat.405 Name of Law: Moving Ahead for Progress in the 21st Century Act (MAP-210

Citations for New Statutory Requirements: PL: Pub.L. 112 - 141 126 Stat. 404 Name of Law: Moving Ahead for Progress in the 21st Century Act (MAP-21) US Code: 49 USC 31306a Name of Law: Moving Ahead for Progress in the 21st Century Act (MAP–21)

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
2126-AB18	Final or interim final rulemaking	81 FR 87686	12/05/2016

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Federal Register Notices & Comments
60-day Notice:	Federal Register Citation:	Citation Date:
	84 FR 28882	06/20/2019
30-day Notice:	Federal Register Citation:	Citation Date:
	84 FR 70619	12/23/2019
Did the Agency receive public comments on this ICR? Yes

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Number of Information Collection (IC) in this ICR: 9

IC Title Form No. Form Name IC7: Authorization Verification IC1: Annual Queries IC5: Report/Notify Positive Tests/Other Violations IC6: Register / Familiarize IC2: Pre-Employment Queries IC3: Designate Consortia/3rd Party Administrators IC4: SAPs Report Driver Information Following Initial Assessment IC8: Driver Consent Verification Full Annual Queries IC9: Driver Consent Verifications for Pre-employment Queries Commercial Driver's License Drug and Alcohol Clearinghouse

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ICR Summary of Burden

	Total Approved	Previously Approved	Change Due to New Statute	Change Due to Agency Discretion	Change Due to Adjustment in Estimate	Change Due to Potential Violation of the PRA
Annual Number of Responses	11,038,986	1	11,038,986	0	-1	0
Annual Time Burden (Hours)	1,862,790	0	1,862,790	0	0	0
Annual Cost Burden (Dollars)	61,300,000	0	61,300,000	0	0	0

Burden increases because of Program Change due to Agency Discretion: No

Burden Increase Due to:

Burden decreases because of Program Change due to Agency Discretion: No

Burden Reduction Due to:

Short Statement: The final rule (81 FR 87686) was published on December 5, 2016, the effective date of the final rule is January 4, 2017, and the compliance date is January 6, 2020. No burden hours or annual costs were being requested for the first three years, between 2017 and 2020, for this ICR. An ICR renewal for the estimated burden hours and costs is now being submitted by the Agency to OMB for approval on time for the compliance date of the final rule on January 6, 2020.

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Annual Cost to Federal Government: $4,400,000

Does this IC contain surveys, censuses, or employ statistical methods? No

Does this ICR request any personally identifiable information (see OMB Circular No. A-130 for an explanation of this term)? Please consult with your agency's privacy program when making this determination.     Yes

Does this ICR include a form that requires a Privacy Act Statement (see 5 U.S.C. §552a(e)(3))? Please consult with your agency's privacy program when making this determination.     Yes

Is this ICR related to the Affordable Care Act [Pub. L. 111-148 & 111-152]? No

Is this ICR related to the Dodd-Frank Wall Street Reform and Consumer Protection Act, [Pub. L. 111-203]? No

Is this ICR related to the American Recovery and Reinvestment Act of 2009 (ARRA)? No

Is this ICR related to the Pandemic Response? Uncollected

Agency Contact: Juan Moya 202 366-4844

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Common Form ICR:  No

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On behalf of this Federal agency, I certify that the collection of information encompassed by this request complies with 5 CFR 1320.9 and the related provisions of 5 CFR 1320.8(b)(3).
The following is a summary of the topics, regarding the proposed collection of information, that the certification covers:
		(a) It is necessary for the proper performance of agency functions;
		(b) It avoids unnecessary duplication;
		(c) It reduces burden on small entities;
		(d) It uses plain, coherent, and unambiguous language that is understandable to respondents;
		(e) Its implementation will be consistent and compatible with current reporting and recordkeeping practices;
		(f) It indicates the retention periods for recordkeeping requirements;
		(g) It informs respondents of the information called for under 5 CFR 1320.8 (b)(3) about:
			(i) Why the information is being collected;
			(ii) Use of information;
			(iii) Burden estimate;
			(iv) Nature of response (voluntary, required for a benefit, or mandatory);
			(v) Nature and extent of confidentiality; and
			(vi) Need to display currently valid OMB control number;
		(h) It was developed by an office that has planned and allocated resources for the efficient and effective management and use of the information to be collected.
		(i) It uses effective and efficient statistical survey methodology (if applicable); and
		(j) It makes appropriate use of information technology.
If you are unable to certify compliance with any of these provisions, identify the item by leaving the box unchecked and explain the reason in the Supporting Statement.
Certification Date: 12/30/2019

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