View Information Collection Request (ICR) Package

OMB Control No: 2126-0057	ICR Reference No: 202301-2126-002
Status: Active	Previous ICR Reference No: 201912-2126-002
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: 08/16/2023
	Date Received in OIRA: 02/21/2023
Terms of Clearance:

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	08/31/2026	36 Months From Approved	08/31/2023
Responses	10,439,839	0	11,038,986
Time Burden (Hours)	1,761,149	0	1,862,790
Cost Burden (Dollars)	8,937,500	0	61,300,000

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.

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

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)

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:
	87 FR 66771	11/04/2022
30-day Notice:	Federal Register Citation:	Citation Date:
	88 FR 10635	02/21/2023
Did the Agency receive public comments on this ICR? Yes

ICR Summary of Burden

	Total Approved	Previously Approved	Change Due to Adjustment in Estimate
Annual Number of Responses	10,439,839	11,038,986	-599,147
Annual Time Burden (Hours)	1,761,149	1,862,790	-101,641
Annual Cost Burden (Dollars)	8,937,500	61,300,000	-52,362,500

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 burden hour decrease is due to the availability of actual estimates of respondents and responses. The number of responses decreased by 599,147 and the burden hours decreased by 101,641. Non-related annual costs to the respondents of $8,937,500 are shown in the table above. Wage related costs were inadvertently reported with the previous ICR submittal and removed with this submittal causing a $52,362,500 difference shown in the table above. Wage related costs with this submittal are found in section 12 of the supporting statement.

Annual Cost to Federal Government: $7,816,000

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? No

Agency Contact: Bryan Price 202 680-4831 bryan.price@dot.gov

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