2126-AB18 201410 The Regulatory Plan and the Unified Agenda of Federal Regulatory and Deregulatory Actions 2126 Federal Motor Carrier Safety Administration FMCSA 2100 Department of Transportation DOT Commercial Driver's License Drug and Alcohol Clearinghouse (MAP-21) Economically Significant Previously Published in The Unified Agenda Final Rule Stage Yes Undetermined 49 CFR 382 49 USC 31306 Statutory Other 10/01/2014 Clearinghouse required to be established by 10/01/2014. Yes

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.

]]>

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. These standards include: (1) that 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; (3) the physical condition of CMV operators is adequate to enable them to operate the vehicles safely; and (4) CMV operation does not have a deleterious effect on the physical condition of the operators 49 U.S.C. 31136(a).

]]>

To be determined.

]]>

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.

]]>

There is a risk of not knowing when a driver has not completed the return-to-duty process and enabling job-hopping within the industry.

]]> NPRM 02/20/2014 79 FR 9703 NPRM Comment Period End 04/21/2014 NPRM Comment Period Extended 04/22/2014 79 FR 22467 NPRM Comment Period Extended End 05/21/2014 Final Rule 09/00/2015 MAP-21 included provisions for a Drug and Alcohol Test Clearinghouse that affect this rulemaking. Yes Businesses Federal Local State Tribal Yes No www.regulations.gov www.regulations.gov Yes No Juan Moya 2126 Federal Motor Carrier Safety Administration FMCSA 202 366-4844 juan.moya@dot.gov 1200 New Jersey Avenue SE, Washington DC 20590