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 Department of Transportation Office of the Secretary [Docket No. DOT-OST-2023-0143]
 AGENCY: Office of the Secretary (OST), DOT.
 ACTION: Notice and request for comments.
 SUMMARY: The Department of Transportation (DOT) invites public comments about our intention to request Office of Management and Budget (OMB) approval to renew information collection 2105-0529, Procedures for Transportation Drug and Alcohol Testing Program (ICR 2105-0529). The information to be collected will be used to document tests conducted and actions taken to ensure safety in the workplace and/or are necessary under the Omnibus Transportation Employee Testing Act of 1991, which requires DOT to implement a drug and alcohol testing program in various transportation-related industries. DOT is required to publish this notice in the 
                        **Federal Register**
                         in accordance with the Paperwork Reduction Act of 1995.
 DATES: Comments to this notice must be received by November 28, 2023.
 ADDRESSES: You may submit comments by any of the following methods: *Website: http://www.regulations.gov.*
                         Follow the instructions for submitting comments on the DOT electronic docket site.
                    *Federal eRulemaking Portal: http://www.regulations.gov*
                         Follow the instructions for submitting comments.
                    *Fax:*
                         1-202-493-2251.
                    *Mail or Hand Delivery:*
                         Docket Management Facility, U.S. Department of Transportation, 1200 New Jersey Avenue SE, West Building, Room W12-140, Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, except on Federal holidays. *Instructions:*
                         You must include the agency name and docket number [DOT-OST-2023-0143] of this notice at the beginning of your comment. Note that all comments received will be posted without change to 
                        *http://www.regulations.gov*
                         including any personal information provided. Please see the Privacy Act section of this document. *Docket:*
                         You may view the public docket through the internet at 
                        *http://
                            ( print page 67435)
                            www.regulations.gov*
                         or in person at the Docket Management System office at the above address. *Privacy Act:*
                         In accordance with 5 U.S.C. 553(c), DOT solicits comments from the public to better inform its rulemaking process. DOT posts these comments, without edit, including any personal information the commenter provides, to 
                        *www.regulations.gov,*
                         as described in the system of records notice (DOT/ALL-14 FDMS), which can be reviewed at 
                        *www.dot.gov/​privacy.*
 FOR FURTHER INFORMATION CONTACT: Mike Huntley, Office of Drug and Alcohol Policy and Compliance, Office of the Secretary, U.S. Department of Transportation, 1200 New Jersey Avenue SE, Washington, DC 20590; 202-366-3784 (voice), 202-366-3897 (fax), or 
                        *ODAPCWebmail@dot.gov*
                         (email).


SUPPLEMENTARY INFORMATION:  *OMB Control Number:*
                     2105-0529. *Title:*
                     Procedures for Transportation Workplace Drug and Alcohol Testing Programs. *Form Numbers:*
                     DOT F 1385; DOT F 1380. *Type of Review:*
                     Clearance of a renewal of an information collection. *Background:*
                     Under the Omnibus Transportation Employee Testing Act of 1991, DOT is required to implement a drug and alcohol testing program in various transportation related industries. This specific requirement is elaborated in 49 CFR part 40, Procedures for Transportation Workplace Drug and Alcohol Testing Programs (part 40). This request for a renewal of the information collection for the program includes 45 burden items related to the overall program and 2 official DOT forms: the U.S. Department of Transportation Alcohol Testing Form (ATF) [DOT F 1380] and the DOT Drug and Alcohol Testing Management Information System (MIS) Data Collection Form [DOT F 1385]. The ATF includes the employee's name, the type of test taken, the date of the test, and the name of the employer. Data on each test conducted, including test results, is necessary to document that the tests were conducted and is used to take action, when required, to ensure safety in the workplace. The MIS form includes employer specific drug and alcohol testing information such as the reason for the test and the cumulative number of test results for the negative, positive, and refusal tests. No employee specific data is collected. The MIS data is used by each of the affected DOT Agencies (
                    *i.e.,*
                     Federal Aviation Administration, Federal Transit Administration, Federal Railroad Administration, Federal Motor Carrier Safety Administration, and the Pipeline and Hazardous Materials Safety Administration) and the United States Coast Guard when calculating their industry's annual random drug and/or alcohol testing rate. On May 2, 2023, Part 40 was amended to include oral fluid testing as an additional methodology for drug testing that gives employers a choice that will help combat employee cheating on urine drug tests and provide a less intrusive means of achieving the safety goals of the program [88 FR 27596]. As a result of the rule to include oral fluid testing as an additional methodology for drug testing, two new burden items have been added to this collection: (1) Oral Fluid Collector (Qualification and Refresher) Training Documentation [§ 40.35(b) & (e)]; and (2) Oral Fluid Collector Error Correction Training Documentation [§ 40.35(f)]. These new burden items are analogous to the existing burden items for urine collectors and screening test technicians and breath alcohol technicians. Also as a result of the May 2023 rule to include oral fluid as an additional methodology for drug testing, DOT will request OMB approval for a revision of the MIS Data Collection Form to facilitate the collection of oral fluid testing data from employers. Specifically, in Section III of the form, “Drug Testing Data,” DOT will add additional rows under each “Type of Test” (
                    *e.g.,*
                     Pre-Employment, Random, Post-Accident, Reasonable Suspicion/Cause, Return-to-Duty, Follow-Up, and Total) for employers to enter the number of urine tests, the number of oral fluid tests, and the number of total tests conducted. *Respondents:*
                     The information will be collected from transportation employers, Department representatives, and a variety of service agents. Estimated total number of respondents is 1,426,662. *Frequency:*
                     The information will be collected annually. *Estimated Total Number Burden Hours:*
                     1,469,136. PRA item
Number of
                             respondents
Number of
                             responses
Burden per
                             response 
                             (minutes)
Total burden
                             (hours)
Total salary
                             costs 
                             
                                ($) 1Exemptions from Regulation Provisions Requests [40.7(a)]
1
1
180
3
122Employer Stand-down Waiver Requests [40.21(b)]
0
0
480
0
0Employee Testing Records from Previous Employers [40.25(a)]
549,029
990,596
8
132,079
5,387,502Employee Release of Information [40.25(f)]
549,029
990,596
8
132,079
5,387,502MIS Form Submission [40.26]
19,699
19,699
90
29,549
1,205,304Urine Collector (Qualification and Refresher) Training Documentation [(40.33(b) & (e)]
5,000
5,000
4
333
13,583Urine Collector Error Correction Training Documentation [40.33(f)]
17,980
17,980
4
1,199
48,907Oral Fluid Collector (Qualification and Refresher) Training Documentation [(40.35(b) & (e)]
5,000
5,000
4
333
13,583Oral Fluid Collector Error Correction Training Documentation [40.35(f)]
17,980
17,980
4
1,199
48,907Laboratory Reports to DOT Regarding Unlisted Adulterant [40.87(e)]
0
0
30
0
0Semi-Annual Laboratory Reports to Employers [40.111(a)]
19
365,983
4
24,399
995,235Semi-Annual Laboratory Reports to DOT [40.111(d)]
19
456
4
30
1,224Medical Review Officer (MRO) (Qualifications and Continuing Education) Training Documentation [40.121(c) & (d)]
1,000
1,000
4
67
2,733MRO Review of Negative Results Documentation [40.127(b)(2)(ii)]
5,000
351,135
4
23,409
954,853MRO Failure to Contact Donor Documentation [40.131(c)(1)]
5,000
50,787
4
3,386
138,115( print page 67436)MRO Effort to Contact DER Documentation [40.131(c)(2)(iii)]
5,000
57,624
4
3,842
156,715DER Successful Contact Employee Documentation [40.131(d)]
46,099
46,099
4
3,073
125,348DER Failure to Contact Employee Documentation [40.131(d)(2)(i)]
11,525
11,525
4
768
31,327MRO Verification of Positive Result Without Interview Documentation [40.133]
5,000
11,525
4
768
31,327Adulterant/Substitution Evaluation Physician Statements [40.145(g)(2)(ii)(d)]
0
0
30
0
0MRO Cancellation of Adulterant/Substitution for Legitimate Reason Reports [40.145(g)(5)]
0
0
30
0
0Employee Admission of Adulterating/Substituting Specimen MRO Determination [40.159(c)]
40
40
4
3
122Split Specimen Requests by MRO [40.171(c)]
5,000
11,932
4
795
32,428Split Failure to Reconfirm for Drugs Reports by MRO [40.187(b)]
70
70
4
5
204Split Failure to Reconfirm for Adulterant/Substitution Reports by MRO [40.187(c)]
8
8
5
1
41Shy Bladder Physician Statements [40.193(f)]
719
719
5
60
2,447MRO Statements Regarding Physical Evidence of Drug Use [40.195(b) & (c)]
0
0
0
0
0Drug Test Correction Statements [40.205(b)(1) & (2)]
25,000
143,840
8
19,179
782,311Breath Alcohol Technician (BAT)/Screening Test Technician (STT) (Qualification and Refresher) Training Documentation [40.213(b)(c) & (e)]
2,000
2,000
4
133
5,425BAT/STT Error Correction Training Documentation [40.213(f)]
401
401
4
27
1,101Complete DOT Alcohol Testing Forms [40.225(a)]
10,000
8,025,159
8
1,070,021
43,646,157Evidential Breath Testing Device Quality Assurance/Calibration Records [40.233(c)(4)]
10,000
10,000
4
667
27,166Shy Lung Physician Statements [40.265(c)(2)]
401
401
4
27
1,101Alcohol Test Correction Statements [40.271(b)(1) & (2)]
803
803
4
54
2,203Substance Abuse Professional (SAP) (Qualification and Continuing Education) Training Documentation [40.281(c) & (d)]
3,334
3,334
4
222
9,055Employer SAP Lists to Employees [40.287]
116,467
116,467
4
7,764
316,694SAP Reports to Employers [40.311(c), (d) & (e)]
10,000
201,258
4
13,417
547,279Correction Notices to Service Agents [40.373(a)]
25
25
60
25
1,020Notice of Proposed Exclusion (NOPE) to Service Agents [40.375(a)]
5
5
600
50
2,040Service Agent Requests to Contest Public Interest Exclusions (PIE) [40.379(b)]
2
2
60
2
82Service Agent Information to Argue PIE [40.379(b)(2)]
2
2
240
8
326Service Agent Information to Contest PIE [40.381(a) & (b)]
2
2
240
8
326Notices of PIE to Service Agents [40.399]
1
1
60
1
41Notices of PIE to Employer and Public [40.401(b) & (d)]
1
1
60
1
41Service Agent PIE Notices to Employers [40.403(a)]
1
300
30
150
6,119Total New
1,426,662
11,459,756
2,328
1,469,136
59,926,016
 *Public Comments Invited:*
                     You are
                    
                     asked to comment on any aspect of this information collection, including (a) Whether the proposed collection of information is necessary for DOT's performance; (b) The accuracy of the estimated burden that the collection would impose on respondents; (c) Ways for the DOT to enhance the quality, utility and clarity of the information to be collected; and (d) Ways that the burden could be minimized without reducing the quality of the collected information. The agency will summarize and/or include your comments in the request for OMB's clearance of this information collection. *Authority:*
                     The Paperwork Reduction Act of 1995; 44 U.S.C. Chapter 35, as amended; and 49 CFR 1:48. Issued in Washington, DC, on September 26, 2023. Authority and Issuance. Bohdan S. Baczara, Deputy Director, DOT, Office of Drug and Alcohol Policy and Compliance.


# Footnotes

1.
    
                         All salary costs are based upon the Department of Labor's bureau of Labor Statistics average employee compensation hourly cost in 2023. Back to Citation


[FR Doc. 2023-21548 Filed 9-28-23; 8:45 am] BILLING CODE 4910-9X-P