Procedures for Transportation Drug and Alcohol Testing Program

Forms and Documents

Document	Type	Status	Availability
Form DOT F 1385 Procedures for Transportation Drug and Alcohol Testing Program	Form	Unchanged	Available
OMB 2105-0529 30-day notice published 12-12-2023.pdf	Supplementary Document	Uploaded 2023-12-12	Repair queued
Copy of OMB 2105-0529 Burden Calculation 2023.xlsx	Supplementary Document	Uploaded 2023-10-03	Repair queued
OMB 2105-0529 2023 Supporting Statement Appendix E - Calculation Worksheets.docx	Supplementary Document	Uploaded 2023-10-03	Repair queued
OMB 2105-0529 2023 Supporting Statement Appendix D - MIS Form.pdf	Supplementary Document	Uploaded 2023-10-03	Repair queued
OMB 2105-0529 2023 Supporting Statement Appendix C - MIS Form Proposed Revisions.pdf	Supplementary Document	Uploaded 2023-10-03	Repair queued
OMB 2105-0529 2023 Supporting Statement Appendix B - OTETA.pdf	Supplementary Document	Uploaded 2023-10-03	Repair queued
OMB 2105-0529 2023 Supporting Statement Appendix A - USCG_MOU.pdf	Supplementary Document	Uploaded 2023-10-03	Repair queued
49 CFR Part 40 - October 1 2023.pdf	Supplementary Document	Uploaded 2023-10-03	Repair queued
Part 40 Alcohol Testing Form.pdf	Supplementary Document	Uploaded 2023-10-03	Repair queued
OMB 2105-0529 60-day notice dated September 29 2023.pdf	Supplementary Document	Uploaded 2023-10-02	Repair queued
OMB 2105-0529 Supporting Statement 2023.docx	Supporting Statement A	Uploaded 2023-10-02	Repair queued
2105-0529_SS_Appendices_2013.doc	Supplementary Document	Uploaded 2013-11-15	Repair queued
Rev_MIS_Form.pdf	Supplementary Document	Uploaded 2011-07-26	Repair queued
Federal_ATF.pdf	Supplementary Document	Uploaded 2011-07-26	Missing upstream
Public Law 102-143.pdf	Supplementary Document	Uploaded 2007-01-11	Repair queued

IC Document Collections

IC ID	Collection	Type	Status	Form
262644	Procedures for Transportation Drug and Alcohol Testing Program		New
25092	Procedures for Transportation Drug and Alcohol Testing Program	Form	Unchanged

ICR Details

OMB Control No: 2105-0529	ICR Reference No: 202310-2105-002
Status: Received in OIRA	Previous ICR Reference No: 202009-2105-002
Agency/Subagency: DOT/OST	Agency Tracking No:
Title: Procedures for Transportation Drug and Alcohol Testing Program
Type of Information Collection: Revision of a currently approved collection	Common Form ICR:  No
Type of Review Request: Regular	Date Submitted to OIRA: 12/13/2023

	Requested	Previously Approved
Expiration Date	36 Months From Approved	12/31/2023
Responses	23,318,508	11,858,752
Time Burden (Hours)	2,756,978	1,287,843
Cost Burden (Dollars)	0	0

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Abstract: 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) – 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, oral fluid, 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.

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Authorizing Statute(s): PL: Pub.L. 102 - 143 Appendix A Name of Law: The Omnibus Transportation Employee Testing Act of 1991
  

Citations for New Statutory Requirements: None

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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:
	88 FR 67434	09/29/2023
30-day Notice:	Federal Register Citation:	Citation Date:
	88 FR 86206	12/12/2023
Did the Agency receive public comments on this ICR? No

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Number of Information Collection (IC) in this ICR: 2

IC Title	Form No.	Form Name
Procedures for Transportation Drug and Alcohol Testing Program
Procedures for Transportation Drug and Alcohol Testing Program	DOT F 1380, DOT F 1385	MIS Data Collection Form ,   Breath Alcohol Testing Form

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ICR Summary of Burden

	Total Request	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	23,318,508	11,858,752	0	11,459,756	0	0
Annual Time Burden (Hours)	2,756,978	1,287,843	0	1,469,135	0	0
Annual Cost Burden (Dollars)	0	0	0	0	0	0

Burden increases because of Program Change due to Agency Discretion: Yes

Burden Increase Due to: Miscellaneous Actions

Burden decreases because of Program Change due to Agency Discretion: No

Burden Reduction Due to:

Short Statement: Each of the line items in the attached PRA Cost Indicator Worksheet provides a narrative as to how the burden hours and costs were estimated. As indicated in the table below, there was an overall increase of 181,325 in the total estimated burden hours. • The addition of two new burden items as a result of the final rule authorizing the use of oral fluids in the DOT drug testing program (increase of 1,532 hours). • The implementation of the FMCSA Drug and Alcohol Clearinghouse (decrease of 443,477 hours). • The increase in the number of alcohol tests conducted (4,646,705, resulting in an increase of 619,561 hours).

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Annual Cost to Federal Government: $0

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: 12/13/2023

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