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DOT/FMCSA RIN: 2126-AB18 Publication ID: Fall 2013 
Title: +Commercial Driver's License Drug and Alcohol Clearinghouse (MAP-21) 
Abstract: This rulemaking would create a central database for verified positive controlled substances and alcohol test results for commercial driverīs license (CDL) holders and refusals by such drivers to submit to testing. This rulemaking would require employers of CDL holders and service agents to report positive test results and refusals to test into the Clearinghouse. Prospective employers, acting on an application for a CDL driver position with the applicantīs written consent to access the Clearinghouse, would query the Clearinghouse to determine if any specific information about the driver applicant is in the Clearinghouse before allowing the applicant to be hired and to drive CMVs. This rulemaking is intended to increase highway safety by ensuring CDL holders, who have tested positive or have refused to submit to testing, have completed the U.S. DOTīs return-to-duty process before driving CMVs in interstate or intrastate commerce. It is also intended to ensure that employers are meeting their drug and alcohol testing responsibilities. Additionally, provisions in this rulemaking would also be responsive to requirements of the Moving Ahead for Progress in the 21st Century (MAP-21) Act. MAP-21 requires creation of the Clearinghouse by 10/1/14. 
Agency: Department of Transportation(DOT)  Priority: Economically Significant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Proposed Rule Stage 
Major: Yes  Unfunded Mandates: Undetermined 
CFR Citation: 49 CFR 382 
Legal Authority: 49 USC 31306 
Legal Deadline:  None

Statement of Need: This rulemaking would improve the safety of the Nation's highways by ensuring that employers know when drivers test positive for drugs and/or alcohol and are not qualified to drive. It would also ensure that drivers who have tested positive and have not completed the return to duty process are not driving and ensure that all employers are meeting their drug and alcohol testing responsibilities.

Summary of the Legal Basis: Section 32402 of the Moving Ahead for Progress in the 21st Century Act (MAP-21)) (Pub.L. 112-141, 126 stat. 405) directs the Secretary of Transportation to establish a national clearinghouse for controlled substance and alcohol test results of commercial motor vehicle operators. In addition, FMCSA has general authority to promulgate safety standards, including those governing drivers' use of drugs or alcohol while operating a CMV. The Motor Carrier Safety Act of 1984 Public Law 98-554 (the 1984 Act) provides authority to regulate drivers, motor carriers, and vehicle equipment and requires the Secretary of Transportation to prescribe minimum safety standards for CMVs, including: (1) CMVs are maintained, equipped loaded, and operated safely; (2) the responsibilities imposed on CMV operators do not impair their ability to operate the vehicles safely; (30 the physical condition of CMV operators is adequate to enable them to operate the vehicles safely; and (40 CMV operation does not have a deleterious effect on physical condition of the operators (49 USC 31136(a)).

Alternatives: To be determined.

Anticipated Costs and Benefits: The Agency estimates $187 million in annual benefits from increased crash reduction from the rule. This is against an estimated $155 million in total annual costs for employers to complete the annual and pre-employment queries and to designate C/TPAs, for SAPs to input information from drivers undergoing the return-to-duty process, for various entities to report and notify positive tests and to register and become familiar with the rule, for drivers to consent to release of records, and for FMCSA to maintain and operate the Clearinghouse, and for drivers to go through the return-to-duty process. Total net benefits of the rule thus are $32 million annually.

Risks: A risk of not knowing when a driver has not completed the "return to duty" process and enabling job-hopping within the industry.

Timetable:
Action Date FR Cite
NPRM  12/00/2013   
Additional Information: MAP-21 included provisions for a Drug and Alcohol Test Clearinghouse that affect this rulemaking.
Regulatory Flexibility Analysis Required: Yes  Government Levels Affected: Federal, Local, State, Tribal 
Small Entities Affected: Businesses  Federalism: Yes 
Included in the Regulatory Plan: Yes 
RIN Information URL: www.regulations.gov   Public Comment URL: www.regulations.gov  
RIN Data Printed in the FR: Yes 
Agency Contact:
Deborah Snider
Chief, Commercial Enforcement (MC-ECC)
Department of Transportation
Federal Motor Carrier Safety Administration
1200 New Jersey Avenue, SE.,
Washington, DC 20590
Phone:202 366-0916
Email: deborah.snider@fmcsa.dot.gov

 
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