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Agency Information Collection Activities: Requests for Comments; Clearance of a Renewed Approval of Information Collection(s): Procedures for Transportation Workplace Drug and Alcohol Testing Programs (ICR 2105-0529)

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Office of the Secretary (OST), DOT.


Notice and request for comments.


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.


Comments to this notice must be received by August 10, 2020.


You may submit comments by any of the following methods:

  • Website: Follow the instructions for submitting comments on the DOT electronic docket site.
  • Federal eRulemaking Portal: 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.Start Printed Page 35690

Instructions: You must include the agency name and docket number [DOT-OST-2020-0049] of this notice at the beginning of your comment. Note that all comments received will be posted without change to 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 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, as described in the system of records notice (DOT/ALL-14 FDMS), which can be reviewed at​privacy.

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Bohdan Baczara, 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 (email).

End Further Info End Preamble Start Supplemental 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. This request for a renewal of the information collection for the program includes 41 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.

Respondents: The information will be collected from transportation employers, Department representatives, and a variety of service agents. Estimated total number of respondents is 3,593,202.

Frequency: The information will be collected annually.

Estimated Total Number Burden Hours: 1,287,811.

PRA itemNumber of respondentsNumber of responsesBurden per responseTotal burden hoursTotal salary costs ($) 1
Exemptions from Regulation Provisions Requests [40.7(a)]11180 min (3 hours)3$104
Employer Stand-down Waiver Requests [40.21(b)]00480 min (8 hours)00
Employee Testing Records from Previous Employers [40.25(a)]584,6283,538,1798 min471,75716,379,410
Employee Release of Information [40.25(f)]3,538,1793,538,1794 min235,8788,189,704
MIS Form Submission [40.26]17,84017,84090 min (1.5 hours)26,760929,107
Collector (Qualification and Refresher) Training Documentation (40.33(b) & (e)]5,0005,0004 min33311,561
Collector Error Correction Training Documentation [40.33(f)]12,00019,6254 min1,30845,425
Laboratory Reports to DOT Regarding Unlisted Adulterant [40.91(e)]0030 min00
Semi-Annual Laboratory Reports to Employers [40.111(a)]23385,8544 min25,723893,123
Semi-Annual Laboratory Reports to DOT [40.111(d)]23464 min3106
Medical Review Officer (MRO) (Qualifications and Continuing Education) Training Documentation [40.121(c) & (d)]1,0001,0004 min662,291
MRO Review of Negative Results Documentation [40.127(b)(2)(ii)]5,000381,0554 min25,403873,000
MRO Failure to Contact Donor Documentation [40.131(c)(1)]5,00063,8274 min4,255147,738
MRO Effort to Contact DER Documentation [40.131(c)(2)(iii)]5,00063,8274 min4,255147,738
DER Successful Contact Employee Documentation [40.131(d)]51,06151,0614 min3,404118,190
DER Failure to Contact Employee Documentation [40.131(d)(2)(i)]12,76512,7654 min85129,547
MRO Verification of Positive Result Without Interview Documentation [40.133]5,00012,7654 min85129,547
Adulterant/Substitution Evaluation Physician Statements [40.145(g)(2)(ii)(d)]0030 min00
MRO Cancellation of Adulterant/Substitution for Legitimate Reason Reports [40.145(g)(5)]0030 min00
Start Printed Page 35691
Employee Admission of Adulterating/Substituting Specimen MRO Determination [40.159(c)]40404 min3104
Split Specimen Requests by MRO [40.171(c)]5,0007,2064 min48016,680
Split Failure to Reconfirm for Drugs Reports by MRO [40.187(b)]35344 min269
Split Failure to Reconfirm for Adulterant/Substitution Reports by MRO [40.187(c)]555 min134
Shy Bladder Physician Statements [40.193(f)]7737735 min642,238
MRO Statements Regarding Physical Evidence of Drug Use [40.195(b) & (c)]00000
Drug Test Correction Statements [40.205(b)(1) & (2)]25,000154,7328 min20,630716,308
Breath Alcohol Technician (BAT)/Screening Test Technician (STT) (Qualification and Refresher) Training Documentation [40.213(b)(c) & (e)]2,0002,0004 min1334,617
BAT/STT Error Correction Training Documentation [40.213(f)]1681684 min11390
Complete DOT Alcohol Testing Forms [40.225(a)]10,0003,378,4548 min450,46015,639,989
Evidential Breath Testing Device Quality Assurance/Calibration Records [40.233(c)(4)]10,00010,0004 min66623,123
Shy Lung Physician Statements [40.265(c)(2)]1681684 min11390
Alcohol Test Correction Statements [40.271(b)(1) & (2)]3373374 min22781
Substance Abuse Professional (SAP) (Qualification and Continuing Education) Training Documentation [40.281(c) & (d)]3,3343,3344 min2227,707
Employer SAP Lists to Employees [40.287]10,000115,7134 min7,714267,837
SAP Reports to Employers [40.311(c)(d) & (e)]10,00094,4564 min6,297218,634
Correction Notices to Service Agents [40.373(a)]252560 min25868
Notice of Proposed Exclusion (NOPE) to Service Agents [40.375(a)]55600 min (10 hours)501,736
Service Agent Requests to Contest Public Interest Exclusions (PIE) [40.379(b)]2260 min269
Service Agent Information to Argue PIE [40.379(b)(2)]22120 min8277
Service Agent Information to Contest PIE [40.381(a) & (b)]22240 min (4 hours)8277
Notices of PIE to Service Agents [40.399]1160 min134
Notices of PIE to Employer and Public [40.401(b) & (d)]1160 min134
Service Agent PIE Notices to Employers [40.403(a)]130030 min1505,208
Total New3,593,20211,841,4782,196 min. (36.6 hours)1,287,81144,703,995
1 All salary costs are based upon the Department of Labor's bureau of Labor Statistics average employee compensation hourly cost I 2019.

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.

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Authority: The Paperwork Reduction Act of 1995; 44 U.S.C. Chapter 35, as amended; and 49 CFR 1:48.

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Issued in Washington, DC, on June 5, 2020.

Bohdan Baczara,

Deputy Director, DOT, Office of Drug and Alcohol Policy and Compliance.

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[FR Doc. 2020-12612 Filed 6-10-20; 8:45 am]