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Please note that the OMB number and expiration date may not have been determined when this Information Collection Request and associated Information Collection forms were submitted to OMB. The approved OMB number and expiration date may be found by clicking on the Notice of Action link below.
View ICR - OIRA Conclusion
OMB Control No:
2105-0529
ICR Reference No:
202310-2105-002
Status:
Active
Previous ICR Reference No:
202009-2105-002
Agency/Subagency:
DOT/OST
Agency Tracking No:
Title:
Procedures for Transportation Drug and Alcohol Testing Program
Type of Information Collection:
Revision of a currently approved collection
Common Form ICR:
No
Type of Review Request:
Regular
OIRA Conclusion Action:
Approved without change
Conclusion Date:
02/27/2024
Retrieve Notice of Action (NOA)
Date Received in OIRA:
12/13/2023
Terms of Clearance:
Inventory as of this Action
Requested
Previously Approved
Expiration Date
02/28/2027
36 Months From Approved
02/29/2024
Responses
23,318,508
0
11,858,752
Time Burden (Hours)
2,756,978
0
1,287,843
Cost Burden (Dollars)
0
0
0
Abstract:
Five of the Department of Transportation’s Operating Administrations (OA) – Federal Motor Carrier Safety Administration (FMCSA), Federal Aviation Administration (FAA) – Federal Transit Administration (FTA) – Federal Railroad Administration (FRA) – and the Pipeline and Hazardous Materials Safety Administration (PHMSA) and the United States Coast Guard (USCG) – require drug and alcohol testing for safety-sensitive employees in their regulated industries. With very few exceptions, however, all the drug and alcohol tests performed under the five OA and USCG regulations are conducted using a single source of drug and alcohol testing procedures – 49 CFR Part 40. The Office of the Secretary of Transportation (OST) is the proponent of Part 40. Part 40 requires the collection of information from a variety of transportation employers, employees and service agents. To ensure the required quality (e.g., privacy, accuracy and confidentiality) of the drug and alcohol testing services provided, OST requires documentation in the collection of urine, oral fluid, breath, and saliva specimens; screening and confirmation of specimen tests; the medical review of results; and the treatment recommendations for those refusing to test or for testing positive for drug use or alcohol misuse. Records related to these activities are to be maintained. This information is used by employers and Department representatives to ensure that those refusing or testing positive are removed from safety-sensitive functions, that program problems are immediately identified and corrected, that quality assurance efforts are working, that security and privacy measures are upheld, and that the fairness and credibility of the Department’s testing efforts are maintained. Also, the Management Information System data that is collected (via the MIS form) is used by each of the affected DOT Agencies when calculating their industry’s annual random drug and/or alcohol testing rate.
Authorizing Statute(s):
PL:
Pub.L. 102 - 143 Appendix A
Name of Law: The Omnibus Transportation Employee Testing Act of 1991
Citations for New Statutory Requirements:
None
Associated Rulemaking Information
RIN:
Stage of Rulemaking:
Federal Register Citation:
Date:
Not associated with rulemaking
Federal Register Notices & Comments
60-day Notice:
Federal Register Citation:
Citation Date:
88 FR 67434
09/29/2023
30-day Notice:
Federal Register Citation:
Citation Date:
88 FR 86206
12/12/2023
Did the Agency receive public comments on this ICR?
No
Number of Information Collection (IC) in this ICR:
2
IC Title
Form No.
Form Name
Procedures for Transportation Drug and Alcohol Testing Program
Procedures for Transportation Drug and Alcohol Testing Program
DOT F 1380, DOT F 1385
MIS Data Collection Form
,
Breath Alcohol Testing Form
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
23,318,508
11,858,752
0
11,459,756
0
0
Annual Time Burden (Hours)
2,756,978
1,287,843
0
1,469,135
0
0
Annual Cost Burden (Dollars)
0
0
0
0
0
0
Burden increases because of Program Change due to Agency Discretion:
Yes
Burden Increase Due to:
Miscellaneous Actions
Burden decreases because of Program Change due to Agency Discretion:
No
Burden Reduction Due to:
Short Statement:
Each of the line items in the attached PRA Cost Indicator Worksheet provides a narrative as to how the burden hours and costs were estimated. As indicated in the table below, there was an overall increase of 181,325 in the total estimated burden hours. • The addition of two new burden items as a result of the final rule authorizing the use of oral fluids in the DOT drug testing program (increase of 1,532 hours). • The implementation of the FMCSA Drug and Alcohol Clearinghouse (decrease of 443,477 hours). • The increase in the number of alcohol tests conducted (4,646,705, resulting in an increase of 619,561 hours).
Annual Cost to Federal Government:
$0
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?
No
Agency Contact:
Bohdan Baczara 202 366-3784 bohdan.baczara@dot.gov
Common Form ICR:
No
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:
12/13/2023