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)[1] – 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, 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.
The number of annual burden
hours has increased by 69,210 hours and 673, 324 more responses
were estimated compared to the previous estimate. We believe these
increases were primarily due to the increase in the number of drug
and alcohol tests being performed.
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:
(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;
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.