Tap any paragraph to write a margin note. Your notes collect in the Desk below the text and file under cases with @. The side-by-side margin rail opens on a larger screen.

Code · REGISTER · 2020-09-03 · Office of the Secretary (OST), DOT · Notices

Notices. Notice and request for public comment and submission to OMB for clearance of renewed approval of information collection

1,229 words·~6 min read·/register/2020/09/03/2020-19366

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

BILLING CODE 4910-EX-P DEPARTMENT OF TRANSPORTATION Office of the Secretary [Docket No. DOT-OST-2020-0049] Information Collection Activities; Requests for Comments AGENCY: Office of the Secretary (OST), DOT. ACTION: Notice and request for public comment and submission to OMB for clearance of renewed approval of information collection. SUMMARY: In compliance with the Paperwork Reduction Act of 1995, this notice announces that the Information Collection Request
(ICR)abstracted below will be forwarded to the Office of Management and Budget
(OMB)for review and comments. The ICR describes the nature of the information collection and its expected burden. A **Federal Register** Notice with a 60-day comment period soliciting comments on the following information collection was published on June 11, 2020. The purpose of this Notice is to allow 30 days for public comment. DATES: Comments to this notice must be received by October 5, 2020. ADDRESSES: Written comments and recommendations for the proposed information collection should be sent within 30 days of publication of this notice to *www.reginfo.gov/public/do/PRAMain.* Find this information collection by selecting “Currently under Review—Open for Public Comments” or by using the search function. Please note that comments submitted in response to this Notice are public record. Before including any detailed personal information, you should be aware that your comments as submitted, including your personal identification information, will be available for public view. FOR FURTHER INFORMATION CONTACT: 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 *bohdan.baczara@dot.gov.* When submitting comments or requesting information, please include the docket number and information collection title for reference. SUPPLEMENTARY INFORMATION: *OMB Control Number:* 2105-0529. *Title:* Procedures for Transportation Workplace Drug and Alcohol Testing Programs. *Type of Review:* Clearance of a renewal of an information collection. *Form Numbers:* DOT F 1385; DOT F 1380. *Respondents:* The information will be used by transportation employers, Department representatives, and a variety of service agents. *Abstract:* 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 43 burden items including 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. *Estimated Total Number of Respondents:* 3,593,202. *Estimated Number of Responses:* 11,841,478. *Frequency of Response:* The information will be collected annually. *Estimated Total Number Burden Hours:* 1,287,811. PRA item Number of respondents Number of responses Burden hours Salary costs ($) Exemptions from Regulation Provisions Requests [40.7(a)] 1 1 3 $104 Employer Stand-down Waiver Requests [40.21(b)] 0 0 0 0 Employee Testing Records from Previous Employers [40.25(a)] 584,628 3,538,179 471,757 16,379,410 Employee Release of Information [40.25(f)] 3,538,179 3,538,179 235,878 8,189,704 MIS Form Submission [40.26] 17,840 17,840 26,760 929,107 Collector (Qualification and Refresher) Training Documentation [(40.33(b) & (e)] 5,000 5,000 333 11,561 Collector Error Correction Training Documentation [40.33(f)] 12,000 19,625 1,308 45,425 Laboratory Reports to DOT Regarding Unlisted Adulterant [40.91(e)] 0 0 0 0 Semi-Annual Laboratory Reports to Employers [40.111(a)] 23 385,854 25,723 893,123 Semi-Annual Laboratory Reports to DOT [40.111(d)] 23 46 3 106 Medical Review Officer
(MRO)(Qualifications and Continuing Education) Training Documentation [40.121(c) & (d)] 1,000 1,000 66 2,291 MRO Review of Negative Results Documentation [40.127(b)(2)(ii)] 5,000 381,055 25,403 873,000 MRO Failure to Contact Donor Documentation [40.131(c)(1)] 5,000 63,827 4,255 147,738 MRO Effort to Contact DER Documentation [40.131(c)(2)(iii)] 5,000 63,827 4,255 147,738 DER Successful Contact Employee Documentation [40.131(d)] 51,061 51,061 3,404 118,190 DER Failure to Contact Employee Documentation [40.131(d)(2)(i)] 12,765 12,765 851 29,547 MRO Verification of Positive Result Without Interview Documentation [40.133] 5,000 12,765 851 29,547 Adulterant/Substitution Evaluation Physician Statements [40.145(g)(2)(ii)(d)] 0 0 0 0 MRO Cancellation of Adulterant/Substitution for Legitimate Reason Reports [40.145(g)(5)] 0 0 0 0 Employee Admission of Adulterating/Substituting Specimen MRO Determination [40.159(c)] 40 40 3 104 Split Specimen Requests by MRO [40.171(c)] 5,000 7,206 480 16,680 Split Failure to Reconfirm for Drugs Reports by MRO [40.187(b)] 35 34 2 69 Split Failure to Reconfirm for Adulterant/Substitution Reports by MRO [40.187(c)] 5 5 1 34 Shy Bladder Physician Statements [40.193(f)] 773 773 64 2,238 MRO Statements Regarding Physical Evidence of Drug Use [40.195(b) & (c)] 0 0 0 0 Drug Test Correction Statements [40.205 (b)(1) & (2)] 25,000 154,732 20,630 716,308 Breath Alcohol Technician (BAT)/Screening Test Technician
(STT)(Qualification and Refresher) Training Documentation [40.213(b)(c)&(e)] 2,000 2,000 133 4,617 BAT/STT Error Correction Training Documentation [40.213(f)] 168 168 11 390 Complete DOT Alcohol Testing Forms [40.225(a)] 10,000 3,378,454 450,460 15,639,989 Evidential Breath Testing Device Quality Assurance/Calibration Records [40.233(c)(4)] 10,000 10,000 666 23,123 Shy Lung Physician Statements [40.265(c)(2)] 168 168 11 390 Alcohol Test Correction Statements [40.271(b)(1)&(2)] 337 337 22 781 Substance Abuse Professional
(SAP)(Qualification and Continuing Education) Training Documentation [40.281(c)&(d)] 3,334 3,334 222 7,707 Employer SAP Lists to Employees [40.287] 10,000 115,713 7,714 267,837 SAP Reports to Employers [40.311(c),(d) & (e)] 10,000 94,456 6,297 218,634 Correction Notices to Service Agents [40.373(a)] 25 25 25 868 Notice of Proposed Exclusion
(NOPE)to Service Agents [40.375(a)] 5 5 50 1,736 Service Agent Requests to Contest Public Interest Exclusions
(PIE)[40.379(b)] 2 2 2 69 Service Agent Information to Argue PIE [40.379(b)(2)] 2 2 8 277 Service Agent Information to Contest PIE [40.381(a) & (b)] 2 2 8 277 Notices of PIE to Service Agents [40.399] 1 1 1 34 Notices of PIE to Employer and Public [40.401
(b)& (d)] 1 1 1 34 Service Agent PIE Notices to Employers [40.403 (a)] 1 300 150 5,208 Total New 3,593,202 11,841,478 1,287,811 44,703,995 *Public Comments Invited:*
(1)Whether the proposed collection of information is necessary for the proper performance of the functions of the Department, including whether the information will have practical utility;
(2)the accuracy of the Department's estimate of the burden of the proposed information collection;
(3)ways to enhance the quality, utility and clarity of the information to be collected; and
(4)ways to minimize the burden of the collection of information on respondents, including the use of automated collection techniques or other forms of information technology. Authority: The Paperwork Reduction Act of 1995; 44 U.S.C. Chapter 35, as amended. Issued in Washington, DC, on August 28, 2020. Bohdan Baczara, Deputy Director, DOT, Office of Drug and Alcohol Policy and Compliance. [FR Doc. 2020-19366 Filed 9-2-20; 8:45 am]
Connections1 off-index
1 reference not yet in our index
  • 49 CFR 40
Citation graph
cites case law
Notices
Notice and request for public comment and submission to OMB for clearance of renewed approval of information collection
Cite49 CFR 40
Cites 1Cited by 0 across 0 sources
★   the supreme law of the land   ★
Don't Tread on Me
E Pluribus Unum — out of many, one

"If you don't know your rights, you don't have any."

Marginalia · a citizen's law index
A research desk, not legal advice. Always read the cited source before relying on a summary.
Questions or an issue? support@self-law.org
disclaimerMarginalia is a research index, not a law firm. Nothing on this site is legal, tax, or financial advice and no attorney–client relationship is formed by using it. Statutes, regulations, and case law change; summaries, search results, AI output, and member posts may be incomplete, out of date, or wrong. Any interpretation drawn from material on this site should be validated by a licensed attorney in your jurisdiction before you act on it.