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.
US Code:
49
USC 31306a Name of Law: Moving Ahead for Progress in the 21st
Century Act (MAP–21)
PL:
Pub.L. 112 - 141 126 Stat.405 Name of Law: Moving Ahead for
Progress in the 21st Century Act (MAP-210
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)
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. No burden hours or annual costs were being requested for the
first three years, between 2017 and 2020, for this ICR. An ICR
renewal for the estimated burden hours and costs is now being
submitted by the Agency to OMB for approval on time for the
compliance date of the final rule on January 6, 2020.
$4,400,000
No
Yes
Yes
No
No
No
Uncollected
Juan Moya 202 366-4844
No
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.