Commercial Driver's License Drug and Alcohol Clearinghouse

Forms and Documents

Forms and supporting documents for this ICR

Document	Type	Status	Availability
30-day FR for 2126-0057 02.21.23.pdf	Supplementary Document	Uploaded 2023-02-21	Repair queued
PRA 2126-0057 Supporting Statement 02.21.23.docx	Supporting Statement A	Uploaded 2023-02-21	Repair queued
GAO-08-0829R.pdf	Supplementary Document	Uploaded 2023-01-29	Repair queued
GAO 08 600.pdf	Supplementary Document	Uploaded 2023-01-29	Repair queued
60-day FR for 2126-0057 11.04.22.pdf	Supplementary Document	Uploaded 2023-01-29	Repair queued
Drug and Alcohol Clearinghouse 2019 PIA.pdf	Supplementary Document	Uploaded 2023-01-29	Repair queued

IC Document Collections

Information collection document groups

IC ID	Collection	Type	Status	Form
239097	IC9: Driver Consent Verifications for Pre-employment Queries		Modified
239095	IC8: Driver Consent Verification Full Annual Queries		Modified
239093	IC7: Authorization Verification		Modified
239092	IC6: Register / Familiarize		Modified
239091	IC5: Report/Notify Positive Tests/Other Violations		Modified
239090	IC4: SAPs Report Driver Information Following Initial Assessment		Modified
239089	IC3: Designate Consortia/3rd Party Administrators		Modified
239088	IC2: Pre-Employment Queries		Modified
239086	IC1: Annual Queries		Modified

ICR Details

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
Retrieve Notice of Action (NOA)	Date Received in OIRA: 02/21/2023
Terms of Clearance:

table that charts list comparision

	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

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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.

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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)

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
	Not associated with rulemaking

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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

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Number of Information Collection (IC) in this ICR: 9

table that charts list of burden

IC Title	Form No.	Form Name
IC1: Annual Queries
IC2: Pre-Employment Queries
IC3: Designate Consortia/3rd Party Administrators
IC4: SAPs Report Driver Information Following Initial Assessment
IC5: Report/Notify Positive Tests/Other Violations
IC6: Register / Familiarize
IC7: Authorization Verification
IC8: Driver Consent Verification Full Annual Queries
IC9: Driver Consent Verifications for Pre-employment Queries

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ICR Summary of Burden

table that charts list 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	10,439,839	11,038,986	0	0	-599,147	0
Annual Time Burden (Hours)	1,761,149	1,862,790	0	0	-101,641	0
Annual Cost Burden (Dollars)	8,937,500	61,300,000	0	0	-52,362,500	0

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.

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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

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Common Form ICR:  No

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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: 02/21/2023

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