Employers Opportunity Cost Due to Return-to-     Employer....................................         11,490,000
 Duty.
New-CDL and CDL-Renewal Queries................  SDLAs.......................................                  0
                                                ----------------------------------------------------------------
    Grand Total................................  ............................................        154,000,000
----------------------------------------------------------------------------------------------------------------

    Based on the annual cost of $154 million, the 10-year cost
projection is $1,157 billion when discounted at 7 percent and $1.353
billion when discounted at 3 percent.

Regulatory Flexibility Act and Small Business Regulatory Enforcement
Fairness Act

    The Regulatory Flexibility Act of 1980 (Pub. L. 96-354, 94 Stat.
1164 (codified at 5 U.S.C. 601)) requires Federal agencies to ``. . .
endeavor, consistent with the objectives of the rule and of applicable
statutes, to fit regulatory and informational requirements to the scale
of the businesses, organizations, and governmental jurisdictions
subject to regulation.'' The Act requires Federal agencies to consider
the effects of the regulatory action on small business and other small
entities and to minimize any significant economic impact. The term
``small entities'' comprises small businesses and not-for-profit
organizations that are independently owned and operated and are not
dominant in their fields and governmental jurisdictions with
populations of less than 50,000. Accordingly, DOT policy requires an
analysis of the impact of all regulations (or proposals) on small
entities, and mandates that agencies shall strive to lessen any adverse
effects on these businesses.
    A Final Regulatory Flexibility Analysis (RFA) must address the
following topics:
    (1) A statement of the reasons why action by the Agency is being
considered;
    FMCSA is issuing this final rule pursuant to a statutory mandate
and recommendations of the National Transportation Safety Board (NTSB)
and the General Accountability Office (GAO).
    Section 32402 of the Moving Ahead for Progress in the 21st Century
Act (MAP-21) (Pub. L. 112-141, 126 Stat. 405), codified at 49 U.S.C.
31306a, directs the Secretary of Transportation (Secretary) to
establish a national clearinghouse containing commercial motor vehicle
operators' violations of FMCSA's drug and alcohol testing program. In
addition, FMCSA has general authority to promulgate safety standards,
including those governing drivers' use of drugs or alcohol while
operating a CMV. The Motor Carrier Safety Act of 1984 (Pub. L. 98-554,
Title II, 98 Stat. 2832, October 30, 1984) (the 1984 Act), as amended,
provides authority to regulate drivers, motor carriers, and vehicle
equipment and requires the Secretary to prescribe minimum safety
standards for CMVs. FMCSA has been delegated authority under 49 CFR
1.87(e) and (f) to carry out the functions vested in the Secretary by
49 U.S.C. chapter 313 and 49 U.S.C. chapter 311, subchapters I and III,
relating to CMV programs and safety regulation.
    The NTSB recommendation arose from its investigation of 1999 bus
crash in New Orleans resulted in 22 passenger fatalities. The driver of
the motor-coach had failed pre-employment drug testing when applying
for previous positions. He had also failed to disclose on his
employment application that a previous employer had fired him after he
tested positive for a controlled substance. Therefore, his employer at
the time of the crash was unaware of the driver's history of positive
tests because of his failure to provide a complete employment history.
Without that history, his employer was unable to contact prior
employers to obtain his drug and alcohol test history.\17\
---------------------------------------------------------------------------

    \17\ ``Motor-coach Run-off-the-Road in New Orleans, Louisiana-
May 9, 1999,'' National Transportation Safety Board, HAR 01/01,
August 28, 2001, p. 66.
---------------------------------------------------------------------------

    The NTSB made recommendations to the Agency pertaining to the
reporting of CMV driver drug and alcohol testing results. Specifically,
the NTSB recommended that FMCSA ``develop a system that records all
positive drug and

alcohol test results and refusal determinations that are conducted
under the DOT testing requirements, require prospective employers to
query the system before making a hiring decision, and require
certifying authorities to query the system before making a
certification decision.'' \18\ This final rule addresses the NTSB's
recommendation.
---------------------------------------------------------------------------

    \18\ Ibid., p. 74.
---------------------------------------------------------------------------

    The GAO issued two reports discussing its observations of drivers
``job-hopping'' under FMCSA's current regulations. When CDL holders
fail, or refuse to submit to, a drug or alcohol test, some quit that
job and--after a brief delay to ensure that drugs or alcohol are no
longer detectable--pass the pre-employment test at another carrier and
resume driving without having a completed the return-to-duty process.
Obviously, job-hopping defeats the purpose of the drug and alcohol
testing program. The GAO identified and verified 43 cases (based on
insider information supplied by a third party to a Congressman).\19\
The GAO recommended that Congress provide FMCSA the authority to
establish a national database for reporting positive test results and
that FMCSA undertake this rulemaking to create a national database of
positive and refusal-to-test drug and alcohol test results to prevent
CDL holders from job-hopping.\20\
---------------------------------------------------------------------------

    \19\ Government Accountability Office, ``Examples of Job-hopping
by Commercial Drivers after Failing Drug Tests,'' GAO 08-829R,
(Washington, DC, June 30, 2008, p. 3.
    \20\ Government Accountability Office, ``Motor Carrier Safety:
Improvements to Drug Testing Programs Could Better Identify Illegal
Drug Users and Keep Them off the Road,'' GAO-08-600 (Washington, DC:
May 15, 2008), pp. 44-45.
---------------------------------------------------------------------------

    (2) A statement of the significant issues raised by the public
comments in response to the initial RFA, a statement of the assessment
of the agency of such issues, and a statement of any changes made in
the proposed rule as a result of such comments;
    In response to the NPRM and Initial RFA, public comments were
submitted by 165 individuals including national trucking and motor
coach industry associations, regional trucking associations, trade
unions, SDLA's and the NTSB.\21\ There were no comments specific to the
Initial RFA.
---------------------------------------------------------------------------

    \21\ See Regulation.gov at http://www.regulations.gov/#!searchResults;rpp=25;po=0;s=FMCSA-2011-0031;dct=O%252BPS.
---------------------------------------------------------------------------

    The final rule revises 49 CFR part 382, Controlled Substances and
Alcohol Use and Testing, to establish a database, identified as the
``Commercial Driver's License Drug and Alcohol Clearinghouse,'' for
reporting of drug and alcohol violations. Upon implementation, the
final rule also requires employers to query the Clearinghouse for drug
and alcohol test result information on employees and prospective
employees. This rule is intended to increase compliance with FMCSA's
drug and alcohol testing program.
    (3) The response of the agency to any comments filed by the Chief
Counsel for Advocacy of the Small Business Administration in response
to the proposed rule, and a detailed statement of any change made to
the proposed rule in the final rule as a result of the comments;
    The Chief Counsel for Advocacy of the Small Business Administration
(SBA) did not submit comments in response to the NPRM.
    (4) Description of and an estimate of the number of small entities
to which the rule will apply or an explanation of why no such estimate
is available;
    Because FMCSA does not have direct revenue figures for all
carriers, power units serve as a proxy to determine the carrier size
that will qualify as a small business given the SBA's revenue
threshold. In order to produce this estimate, it is necessary to
determine the average revenue generated by a power unit.
    With regard to truck power units, the Agency has estimated that a
power unit produces about $189,000 in revenue annually (in 2014
dollars).\22\ According to the SBA, motor carriers with annual revenue
of $27.5 million \23\ are considered small businesses.\24\ This equates
to 146 power units (145.503 = $27,500,000/$189,000). Thus, FMCSA
considers motor carriers of property with 146 PUs or fewer to be small
businesses for purposes of this analysis. The Agency then looked at the
number and percentage of property carriers with recent activity that
will fall under that definition (of having 146 power units or fewer).
The results show that over 99 percent of all interstate property
carriers with recent activity have 146 power units or fewer.
---------------------------------------------------------------------------

    \22\ ``The 2000 TTS Blue Book of Trucking Companies,'' number
adjusted to 2014 dollars for inflation. $172,000 estimate in 2008
indexed for inflation to 2014 dollars: (236.736/215.303) x $172,000
= $189,000, rounded to nearest thousand) using the annual CPI. See
http://www.bls.gov/data/inflation_calculator.htm. Accessed December
22, 2015.
    \23\ Subsector 484 on page 26 of SBA guidelines (July 14, 2014)
See http://www.sba.gov/sites/default/files/Size_Standards_Table.pdf.
Accessed December 22, 2015.
    \24\ U.S. Small Business Administration Table of Small Business
Size Standards matched to North American Industry Classification
(NAIC) System codes, effective August 22, 2008. See NAIC subsector
484, Truck Transportation.
---------------------------------------------------------------------------

    This amounts to 515,000 carriers (514,800 = 99 percent x 520,000
active motor carriers, rounded to the nearest thousand). Therefore, an
overwhelming majority of interstate carriers of property are small
entities.
    (5) A description of the projected reporting, recordkeeping and
other compliance requirements of the rule, including an estimate of the
classes of small entities which will be subject to the requirement and
the type of professional skills necessary for preparation of the report
or record;
    The final rule requires additional reporting, recordkeeping and
compliance requirements beyond what is required by FMCSA's current drug
and alcohol testing regulations. The entities required to report to, or
make queries of, the Clearinghouse are employers, MROs, C/TPAs and
SAPs.
    There are an estimated 58,500 annual positive drug and alcohol
tests consisting of 52,000 positive drug tests and 6,500 positive
alcohol tests at full participation (including refusals). Each positive
drug test will be reported to the Clearinghouse by an MRO. Each
positive alcohol test will be reported by an employer or a C/TPA. Each
driver's subsequent return-to-duty process for positive test results
and test refusals will be reported by an SAP. Ninety-nine percent of
motor carriers, MROs, C/TPAs, and SAPs are most likely small entities.
With regard to SAPs submitting driver information, FMCSA estimates that
drivers, bookkeepers, audit clerks accounting clerks, and occupational
health and safety specialists, will perform reporting functions under
the final rule.
    (6) A description of the steps the agency has taken to minimize the
significant economic impact on small entities consistent with the
stated objectives of applicable statutes, including a statement of the
factual, policy, and legal reasons for selecting the alternative
adopted in the final rule and why each one of the other significant
alternatives to the rule considered by the agency which affect the
impact on small entities was rejected;
    The Agency did not identify any significant alternatives to the
rule that could lessen the burden on small entities without
compromising its goals or the Agency's statutory mandate to implement
the Clearinghouse. Because small businesses are such a large part of
the demographic the Agency regulates, providing alternatives to small
business to permit noncompliance with FMCSA

regulations is neither feasible nor consistent with sound public
policy.
    (7) A description of the steps taken by the covered agency to
minimize any additional cost of credit for small entities.
    FMCSA is not a covered agency as defined in 5 U.S.C. 609(d)(2) of
the Regulatory Flexibility Act. Therefore, it is not required to take
steps to minimize any additional cost of credit for small entities.

Unfunded Mandates Reform Act of 1995

    The Unfunded Mandates Reform Act of 1995 (UMRA) requires Federal
agencies to assess the effect of their discretionary regulatory actions
(2 U.S.C. 1531-1538). An assessment under UMRA is not required for
regulations that incorporate requirements specifically set forth in law
(2 U.S.C. 1531). Because MAP-21 mandated that DOT establish, operate,
and maintain a clearinghouse for records related to alcohol and drug
testing of CMV operators, an assessment was not prepared.

Federalism (E.O. 13132)

    A rule has implications for Federalism under E.O. 13132,
Federalism, if it has a substantial direct effect on State or local
governments and would either preempt State law or impose a substantial
direct cost of compliance on them. FMCSA recognized that, as a
practical matter, this rule may have an impact on the States.
Accordingly, by letters sent March 28, 2011, the Agency sought advice
from the National Governors Association (NGA), National Conference of
State Legislators (NCSL), and the AAMVA on the topic of developing a
database that the Agency believed would increase the effectiveness of
its drug and alcohol testing program. (Copies of the letters are
available in the docket for this rulemaking.) FMCSA offered NGA, NCSL,
and AAMVA officials the opportunity to meet and discuss issues of
concern to the States. FMCSA did not receive any responses to this
letter. Nevertheless, during the public comment period several
commenters indicated that the Clearinghouse rule would have
implications for Federalism under this executive order.
    At this time, section 32402 of MAP-21 preempts State and local laws
inconsistent with the Clearinghouse. Preemption specifically applies to
the reporting of drug and alcohol tests, refusals, and any other
violation of FMCSA's drug and alcohol testing program. MAP-21 does not
preempt State laws related to a driver's CDL or driving record. Each
State must review its current requirements to determine whether they
are compatible with this final rule.

Civil Justice Reform (E.O. 12988)

    This action meets applicable standards in sections 3(a) and 3(b)(2)
of E.O. 12988, Civil Justice Reform, to minimize litigation, eliminate
ambiguity, and reduce burden.

Protection of Children (E.O. 13045)

    FMCSA has analyzed this action under Executive Order 13045,
Protection of Children from Environmental Health Risks and Safety
Risks. FMCSA determined that this final rule will not create an
environmental risk to health or safety that may disproportionately
affect children.

Taking of Private Property (E.O. 12630)

    FMCSA reviewed this action in accordance with Executive Order
12630, Governmental Actions and Interference with Constitutionally
Protected Property Rights, and has determined it would not effect a
taking of private property or otherwise have taking implications.

Privacy Impact Assessment

    FMCSA conducted a privacy impact assessment of this action as
required by section 522(a)(5) of division H of the FY 2005 Omnibus
Appropriations Act, Pub. L. 108-447, 118 Stat. 3268 (Dec. 8, 2004) [set
out as a note to 5 U.S.C. 552a]. The assessment considers any impacts
of the final rule on the privacy of information in an identifiable form
and related matters. FMCSA has determined that this action would impact
the handling of personally identifiable information (PII). FMCSA has
also determined the risks and effects the rulemaking might have on
collecting, storing, and sharing PII and has examined and evaluated
protections and alternative information handling processes in
developing the rule in order to mitigate potential privacy risks. The
Privacy Impact Assessment for the Clearinghouse is available for review
in the docket for this rulemaking.

Intergovernmental Review (E.O. 12372)

    The regulations implementing E.O. 12372 regarding intergovernmental
consultation on Federal programs and activities do not apply to this
rule.

Paperwork Reduction Act

    Under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520), a
Federal agency must obtain approval from OMB for each collection of
information it conducts, sponsors, or requires through regulations.
FMCSA analyzed this action and preliminarily determined that its
implementation would create a new information collection burden on CDL
holders, motor carriers, and entities that provide services as part of
FMCSA's mandatory alcohol and controlled substances testing process
under 49 CFR part 382. FMCSA will seek approval of the information
collection requirements in a new information collection entitled
``Commercial Driver's License Drug and Alcohol Clearinghouse.''
    The collected information encompasses information that is
generated, maintained, retained, disclosed, and provided to, or for,
the Agency for a database that will be entitled the ``Commercial
Driver's License Drug and Alcohol Clearinghouse'' or Clearinghouse.
    DOT currently has approval for two information collections for its
alcohol and controlled substances testing programs: (1) The Federal
Chain of Custody and Control Form, OMB control number 0930-0158, and
(2) the U.S. Department of Transportation Alcohol and Controlled
Substances Testing Program, OMB control number 2105-0529. Although the
Clearinghouse obtains information from the forms covered by the two
information collections, this action does not create any revisions or
additional burden under those collections.
    This rule will create a new information collection to cover the
requirements set forth in the amendments to 49 CFR part 382. These
amendments will create new requirements for CDL drivers, employers of
CDL drivers, MROs, SAPs, and C/TPAs to register with the new database,
which will be created and administered by FMCSA. Clearinghouse
registration will be a prerequisite to both placing information in the
database and obtaining information from the database. Access to
information in the database will be strictly limited and controlled,
and available only with the consent of the CDL holders about whom
information is sought.
    Prospective employers of CDL drivers are required to query the
Clearinghouse to determine if job applicants have controlled substance
or alcohol testing violations that preclude them, under existing FMCSA
regulations in part 382, from carrying out safety-sensitive functions.
Employers will also be required to query the database once annually for
information about drivers whom they currently employ. Employers, C/TPAs
that perform testing and other services for carriers, MROs, and SAPs
will place information into the database about alcohol and controlled
substances testing violations.

This final rule contains procedures for correcting information in the
database and specifies that most interactions with the database will be
carried out using electronic media.
    The total burden to respondents for queries, designations,
registration, familiarization, reporting, and recordkeeping to the
Clearinghouse is estimated at about 1.86 million hours annually. The
hours attributed to each activity are presented in the table below.

                                       Total Annual Number of Burden Hours
----------------------------------------------------------------------------------------------------------------
         Submissions             Responsible      Performed by      Instances         Minutes       Total hours
----------------------------------------------------------------------------------------------------------------
Annual Queries...............  Employer.......  Bookkeeping           5,200,000               10         867,000
                                                 Clerk.
Pre-Employment Queries.......  Employer.......  Bookkeeping           1,996,328               10         333,000
                                                 Clerk.
Designate C/TPAs.............  Employer.......  Bookkeeping             520,000               10          87,000
                                                 Clerk.
SAPs Report Driver             SAPs...........  Occupational             55,580               10           9,000
 Information Following                           Health
 Initial Assessment.                             Specialist.
Report/Notify Positive Tests.  Various........  Bookkeeping             117,000               10          20,000
                                                 Clerk.
Register/Familiarize/Verify..  Various........  Bookkeeping             793,000           20; 10         155,000
                                                 Clerk.
Driver Consent and             Drivers........  Drivers........       2,357,328               10         393,000
 Verifications.
New-CDL and CDL-Renewal        SDLAs..........  SDLAs..........               0                0               0
 Queries.
                              ----------------------------------------------------------------------------------
    Total Instances/Hours....  ...............  ...............      11,039,655   ..............       1,864,000
----------------------------------------------------------------------------------------------------------------

    FMCSA prepared an information collection request and supporting
statement that was submitted to the Office of Management and Budget and
that is available for viewing pursuant to a notice to be published in
the Federal Register.

National Environmental Policy Act and Clean Air Act

    When FMCSA drafted the NPRM, the Agency prepared a draft
environmental assessment (EA) under the National Environmental Policy
Act of 1969 (NEPA) (42 U.S.C. 4321 et seq.). The EA evaluated a range
of proposed alternatives considered by FMCSA and determined that, if
the NPRM reduces CMV crashes as estimated, there would be a small net
benefit to the environment. The benefits include: Lives saved and
injuries prevented from reducing CMV crashes, the reduction of fuel
consumed and prevention of greenhouse gas and criteria pollutant
emissions from traffic congestion caused by a CMV crash, the reduction
of solid waste generated in CMV crashes from damaged vehicles,
infrastructure and goods, and hazardous materials spilled during a CMV
crash. (See section 3.2.1 of the draft EA for details.)
    However, after reviewing FMCSA's NEPA Implementing Procedures and
Policy for Considering Environmental Impacts, Order 5610.1 (FMCSA
Order), March 1, 2004 (69 FR 9680), FMCSA determined that this final
rule is excluded from further environmental review and documentation
because it falls under a categorical exclusion (CE). The CE in
paragraph 6(r) applies to regulations implementing employer controlled
substances and alcohol use and testing procedures. As FMCSA received no
comments on the draft EA, and does not expect the environmental impacts
listed above to be considered significant under NEPA, the Agency has
prepared a statement of Categorical Exclusion Determination for this
final rule and does not find it necessary to issue a final EA or
prepare an Environmental Impact Statement.
    FMCSA also analyzed this rule under the Clean Air Act, as amended
(CAA), section 176(c) (42 U.S.C. 7401 et seq.), and general conformity
regulations (40 CFR part 51, subpart W, and part 93, subpart B)
promulgated by the Environmental Protection Agency. Approval of this
action is exempt from the CAA's general conformity requirement since it
does not affect direct or indirect emissions of criteria pollutants.

Environmental Justice (E.O. 12898)

    FMCSA evaluated the environmental effects of this final rule in
accordance with E.O. 12898 and determined that there are no
environmental justice issues associated with its provisions nor any
collective environmental impact resulting from its promulgation.
Environmental justice issues would be raised if there were
``disproportionate'' and ``high and adverse impact'' on minority or
low-income populations.

Energy Supply, Distribution, or Use (E.O. 13211)

    FMCSA has analyzed this rule under E.O. 13211, Actions Concerning
Regulations That Significantly Affect Energy Supply, Distribution, or
Use. While FMCSA's analysis shows a small reduction in fuel used due to
eliminating traffic idling caused by CMV crashes, we have determined
that it would not be a ``significant energy action'' under that
Executive Order because it would not be likely to have a significant
adverse effect on the supply, distribution, or use of energy.

Indian Tribal Governments (E.O. 13175)

    This rule does not have tribal implications under E.O. 13175,
Consultation and Coordination with Indian Tribal Governments, because
it does not have a substantial direct effect on one or more Indian
tribes, on the relationship between the Federal Government and Indian
tribes, or on the distribution of power and responsibilities between
the Federal Government and Indian tribes.

National Technology Transfer and Advancement Act (Technical Standards)

    The National Technology Transfer and Advancement Act (15 U.S.C. 272
note) directs agencies to use voluntary consensus standards in their
regulatory activities unless the agency provides Congress, through OMB,
with an explanation of why using these standards would be inconsistent
with applicable law or otherwise impractical. Voluntary consensus
standards (e.g., specifications of materials, performance, design, or
operation; test methods; sampling procedures; and related management
systems practices) are standards that are developed or adopted by
voluntary consensus standards bodies. This rule does not use technical
standards. Therefore, we did not consider the use of voluntary
consensus standards.

FAST Act Waiver of Advance Notice of Proposed Rulemaking/Negotiated
Rulemaking

    FMCSA is aware of the regulatory reform requirements imposed by the
FAST Act concerning public participation in rulemaking (49 U.S.C.

31136(g)). In the Agency's judgment, these requirements, which pertain
to certain major rules, are not applicable to this final rule. In any
event, the Agency finds that, for the reasons stated below, publication
of an advance notice of proposed rulemaking under 49 U.S.C.
31136(g)(1)(A), or a negotiated rulemaking under 49 U.S.C.
31136(g)(1)(B), is unnecessary and contrary to the public interest in
accordance with the waiver provision in 49 U.S.C. 31136(g)(3).
    This final rule implements the MAP-21 mandate that DOT establish
and maintain a national clearinghouse for records related to alcohol
and controlled substances testing. The public had ample opportunity to
comment on the Agency's February 20, 2014 NPRM proposing the
establishment of the Clearinghouse (79 FR 9703). The Agency received
165 comments to the 2014 NPRM and made significant changes, reflected
in this rule, in response to the commentary. Further, the final rule is
the product of years of study and deliberation concerning an important
public safety issue. As previously noted, this rule implements the
NTSB's recommendation, included in its August 2001 report on the 1999
New Orleans bus crash resulting in multiple fatalities, that FMCSA
establish a system to record positive DOT drug and alcohol test results
and require prospective employers to query the system before hiring a
driver. The rule also incorporates many of the findings and
recommendations contained in FMCSA's March 2004 report to Congress, ``A
Report to Congress on the Feasibility and Merits of Reporting Verified
Positive Federal Controlled Substance Test Results to the States and
Requiring FMCSA-Regulated Employers to Query the State Databases Before
Hiring a Commercial Drivers License (CDL) Holder''. In addition, this
rule implements a key recommendation of the GAO's May 2008 Report to
Congress, ``Improvements to Drug Testing Programs Could Better Identify
Illegal Drug Users and Keep Them off the Road'' (GAO-08-600) and
responds to concerns identified in GAO's June 2008 report to Congress,
``Examples of Job-hopping by Commercial Drivers after Failing Drug
Tests'' (GAO-08-0829R). In view of the extensive record of public
input, study and oversight that informs this final rule, any further
public participation measures would be unnecessary. Because the Agency
strongly believes that establishment of the Clearinghouse will improve
highway safety, the public interest is best served by the publication
of this rule.

List of Subjects

49 CFR Part 382

    Administrative practice and procedure, Alcohol abuse, Drug abuse,
Drug testing, Highway safety, Motor carriers, Penalties, Safety,
Transportation.

49 CFR Part 383

    Administrative practice and procedure, Commercial driver's license,
Highway safety, Motor carriers.

49 CFR Part 384

    Administrative practice and procedure, Alcohol abuse, Drug abuse,
Highway safety, Motor carriers.

49 CFR Part 391

    Driver qualification, Highway safety, Motor carriers, Reporting and
recordkeeping requirements, Safety, Transportation.

    For the reasons discussed in the preamble, the Federal Motor
Carrier Safety Administration amends 49 CFR parts 382, 383, 384, and
391 as follows:

PART 382--CONTROLLED SUBSTANCES AND ALCOHOL USE AND TESTING

0
1. The authority citation for part 382 continues to read as follows:

    Authority: 49 U.S.C. 31133, 31136, 31301 et seq., 31502; sec.
32934 of Pub. L. 112-141, 126 Stat. 405, 830; and 49 CFR 1.87.

0
2. Amend Sec.  382.103 by revising the introductory text of paragraph
(a) to read as follows:

Sec.  382.103   Applicability.

    (a) This part applies to service agents and to every person and to
all employers of such persons who operate a commercial motor vehicle in
commerce in any State and are subject to:
* * * * *

0
3. Amend Sec.  382.107 by adding the definitions ``Commercial Driver's
License Drug and Alcohol Clearinghouse'' and ``Negative return-to-duty
test result'' in alphabetical order to read as follows:

Sec.  382.107   Definitions.

* * * * *
    Commercial Driver's License Drug and Alcohol Clearinghouse
(Clearinghouse) means the FMCSA database that subpart G of this part
requires employers and service agents to report information to and to
query regarding drivers who are subject to the DOT controlled substance
and alcohol testing regulations.
* * * * *
    Negative return-to-duty test result means a return-to-duty test
with a negative drug result and/or an alcohol test with an alcohol
concentration of less than 0.02, as described in Sec.  40.305 of this
title.
* * * * *

0
4. Add Sec.  382.123 to read as follows:

Sec.  382.123   Driver identification.

    (a) Identification information on the Alcohol Testing Form (ATF).
For each alcohol test performed under this part, the employer shall
provide the driver's commercial driver's license number and State of
issuance in Step 1, Section B of the ATF.
    (b) Identification information on the Federal Drug Testing Custody
and Control Form (CCF). For each controlled substance test performed
under this part, the employer shall provide the following information,
which must be recorded as follows:
    (1) The driver's commercial driver's license number and State of
issuance in Step 1, section C of the CCF.
    (2) The employer's name and other identifying information required
in Step 1, section A of the ATF.

0
5. Add Sec.  382.217 to read as follows:

Sec.  382.217  Employer responsibilities.

    No employer may allow, require, permit or authorize a driver to
operate a commercial motor vehicle during any period in which an
employer determines that a driver is not in compliance with the return-
to-duty requirements in 49 CFR part 40, subpart O, after the occurrence
of any of the following events:
    (a) The driver receives a positive, adulterated, or substituted
drug test result conducted under part 40 of this title.
    (b) The driver receives an alcohol confirmation test result of 0.04
or higher alcohol concentration conducted under part 40 of this title.
    (c) The driver refused to submit to a test for drugs or alcohol
required under this part.
    (d) The driver used alcohol prior to a post-accident alcohol test
in violation of Sec.  382.209.
    (e) An employer has actual knowledge, as defined at Sec.  382.107,
that a driver has:
    (1) Used alcohol while performing safety-sensitive functions in
violation of Sec.  382.205;
    (2) Used alcohol within four hours of performing safety-sensitive
functions in violation of Sec.  382.207; or

    (3) Used a controlled substance.

0
6. Amend Sec.  382.401 by revising paragraph (b)(1)(vi) to read as
follows:

Sec.  382.401   Retention of records.

* * * * *
    (b) * * *
    (1) * * *
    (vi) Records related to the administration of the alcohol and
controlled substances testing program, including records of all driver
violations, and
* * * * *

0
7. Amend Sec.  382.405 by revising paragraphs (d) and (e) to read as
follows:

Sec.  382.405  Access to facilities and records.

* * * * *
    (d) Each employer, and each service agent who maintains records for
an employer, must make available copies of all results for DOT alcohol
and/or controlled substances testing conducted by the employer under
this part and any other information pertaining to the employer's
alcohol misuse and/or controlled substances use prevention program when
requested by the Secretary of Transportation, any DOT agency, or any
State or local officials with regulatory authority over the employer or
any of its drivers.
    (e) When requested by the National Transportation Safety Board as a
part of a crash investigation:
    (1) Employers must disclose information related to the employer's
administration of a post-accident alcohol and/or a controlled
substances test administered following the crash under investigation;
and
    (2) FMCSA will provide access to information in the Clearinghouse
concerning drivers who are involved with the crash under investigation.
* * * * *

0
8. Amend Sec.  382.409 by revising the section heading and paragraph
(c) to read as follows:

Sec.  382.409  Medical review officer or consortium/third party
administrator record retention for controlled substances.

* * * * *
    (c) No person may obtain the individual controlled substances test
results retained by a medical review officer (MRO as defined in Sec.
40.3 of this title) or a consortium/third party administrator (C/TPA as
defined in Sec.  382.107), and no MRO or C/TPA may release the
individual controlled substances test results of any driver to any
person, without first obtaining a specific, written authorization from
the tested driver. Nothing in this paragraph (c) shall prohibit a MRO
or a C/TPA from releasing to the employer, the Clearinghouse, or to the
Secretary of Transportation, any DOT agency, or any State or local
officials with regulatory authority over the controlled substances and
alcohol testing program under this part, the information delineated in
part 40, subpart G, of this title.

0
9. Revise Sec.  382.413 to read as follows:

Sec.  382.413  Inquiries for alcohol and controlled substances
information from previous employers.

    (a) Employers must request alcohol and controlled substances
information from previous employers in accordance with the requirements
of Sec.  40.25 of this title, except that the employer must request
information from all DOT-regulated employers that employed the driver
within the previous 3 years and the scope of the information requested
must date back 3 years.
    (b) As of January 6, 2023, employers must use the Drug and Alcohol
Clearinghouse in accordance with Sec.  382.701(a) to comply with the
requirements of Sec.  40.25 of this title with respect to FMCSA-
regulated employers. Exception: When an employee who is subject to
follow-up testing has not successfully completed all follow-up tests,
employers must request the employee's follow-up testing plan directly
from the previous employer in accordance with Sec.  40.25(b)(5) of this
title.
    (c) If an applicant was subject to an alcohol and controlled
substance testing program under the requirements of a DOT Agency other
than FMCSA, the employer must request the alcohol and controlled
substances information required under this section and Sec.  40.25 of
this title directly from those employers regulated by a DOT Agency
other than FMCSA.

0
10. Add Sec.  382.415 to read as follows:

Sec.  382.415  Notification to employers of a controlled substances or
alcohol testing program violation.

    Each person holding a commercial driver's license and subject to
the DOT controlled substances and alcohol testing requirements in this
part who has violated the alcohol and controlled substances
prohibitions under part 40 of this title or this part without complying
with the requirements of part 40, subpart O, must notify in writing all
current employers of such violation(s). The driver is not required to
provide notification to the employer that administered the test or
documented the circumstances that gave rise to the violation. The
notification must be made before the end of the business day following
the day the employee received notice of the violation, or prior to
performing any safety-sensitive function, whichever comes first.

0
11. Amend Sec.  382.601 by:
0
a. Removing the period at the end of paragraph (b)(11) and adding ``;
and'' in its place; and
0
b. Adding paragraph (b)(12).
    The addition reads as follows:

Sec.  382.601  Employer obligation to promulgate a policy on the misuse
of alcohol and use of controlled substances.

* * * * *
    (b) * * *
    (12) The requirement that the following personal information
collected and maintained under this part shall be reported to the
Clearinghouse:
    (i) A verified positive, adulterated, or substituted drug test
result;
    (ii) An alcohol confirmation test with a concentration of 0.04 or
higher;
    (iii) A refusal to submit to any test required by subpart C of this
part;
    (iv) An employer's report of actual knowledge, as defined at Sec.
382.107:
    (A) On duty alcohol use pursuant to Sec.  382.205;
    (B) Pre-duty alcohol use pursuant to Sec.  382.207;
    (C) Alcohol use following an accident pursuant to Sec.  382.209;
and
    (D) Controlled substance use pursuant to Sec.  382.213;
    (v) A substance abuse professional (SAP as defined in Sec.  40.3 of
this title) report of the successful completion of the return-to-duty
process;
    (vi) A negative return-to-duty test; and
    (vii) An employer's report of completion of follow-up testing.
* * * * *

0
12. Add subpart G to part 382 to read as follows:
Subpart G--Requirements and Procedures for Implementation of the
Commercial Driver's License Drug and Alcohol Clearinghouse
Sec.
382.701 Drug and Alcohol Clearinghouse.
382.703 Driver consent to permit access to information in the
Clearinghouse.
382.705 Reporting to the Clearinghouse.
382.707 Notice to drivers of entry, revision, removal, or release of
information.
382.709 Drivers' access to information in the Clearinghouse.
382.711 Clearinghouse registration.
382.713 Duration, cancellation, and revocation of access.
382.715 Authorization to enter information into the Clearinghouse.
382.717 Procedures for correcting information in the database.
382.719 Availability and removal of information.
382.721 Fees.
382.723 Unauthorized access or use prohibited.

382.725 Access by State licensing authorities.
382.727 Penalties.

Subpart G--Requirements and Procedures for Implementation of the
Commercial Driver's License Drug and Alcohol Clearinghouse

Sec.  382.701  Drug and Alcohol Clearinghouse.

    (a) Pre-employment query required. (1) Employers must not employ a
driver subject to controlled substances and alcohol testing under this
part to perform a safety-sensitive function without first conducting a
pre-employment query of the Clearinghouse to obtain information about
whether the driver has a verified positive, adulterated, or substituted
controlled substances test result; has an alcohol confirmation test
with a concentration of 0.04 or higher; has refused to submit to a test
in violation of Sec.  382.211; or that an employer has reported actual
knowledge, as defined at Sec.  382.107, that the driver used alcohol on
duty in violation of Sec.  382.205, used alcohol before duty in
violation of Sec.  382.207, used alcohol following an accident in
violation of Sec.  382.209, or used a controlled substance, in
violation of Sec.  382.213.
    (2) The employer must conduct a full query under this section,
which releases information in the Clearinghouse to an employer and
requires that the individual driver give specific consent.
    (b) Annual query required. (1) Employers must conduct a query of
the Clearinghouse at least once per year for information for all
employees subject to controlled substance and alcohol testing under
this part to determine whether information exists in the Clearinghouse
about those employees.
    (2) In lieu of a full query, as described in paragraph (a)(2) of
this section, an employer may obtain the individual driver's consent to
conduct a limited query to satisfy the annual query requirement in
paragraph (b)(1) of this section. The limited query will tell the
employer whether there is information about the individual driver in
the Clearinghouse, but will not release that information to the
employer. The individual driver may give consent to conduct limited
queries that is effective for more than one year.
    (3) If the limited query shows that information exists in the
Clearinghouse about the individual driver, the employer must conduct a
full query, in accordance with paragraph (a)(2) of this section, within
24 hours of conducting the limited query. If the employer fails to
conduct a full query within 24 hours, the employer must not allow the
driver to continue to perform any safety-sensitive function until the
employer conducts the full query and the results confirm that the
driver's Clearinghouse record contains no prohibitions as defined in
paragraph (d) of this section.
    (c) Employer notification. If any information described in
paragraph (a) of this section is entered into the Clearinghouse about a
driver during the 30-day period immediately following an employer
conducting a query of that driver's records, FMCSA will notify the
employer.
    (d) Prohibition. No employer may allow a driver to perform any
safety-sensitive function if the results of a Clearinghouse query
demonstrate that the driver has a verified positive, adulterated, or
substituted controlled substances test result; has an alcohol
confirmation test with a concentration of 0.04 or higher; has refused
to submit to a test in violation of Sec.  382.211; or that an employer
has reported actual knowledge, as defined at Sec.  382.107, that the
driver used alcohol on duty in violation of Sec.  382.205, used alcohol
before duty in violation of Sec.  382.207, used alcohol following an
accident in violation of Sec.  382.209, or used a controlled substance
in violation of Sec.  382.213, except where a query of the
Clearinghouse demonstrates:
    (1) That the driver has successfully completed the SAP evaluation,
referral, and education/treatment process set forth in part 40, subpart
O, of this title; achieves a negative return-to-duty test result; and
completes the follow-up testing plan prescribed by the SAP.
    (2) That, if the driver has not completed all follow-up tests as
prescribed by the SAP in accordance with Sec.  40.307 of this title and
specified in the SAP report required by Sec.  40.311 of this title, the
driver has completed the SAP evaluation, referral, and education/
treatment process set forth in part 40, subpart O, of this title and
achieves a negative return-to-duty test result, and the employer
assumes the responsibility for managing the follow-up testing process
associated with the testing violation.
    (e) Recordkeeping required. Employers must retain for 3 years a
record of each query and all information received in response to each
query made under this section. As of January 6, 2023, an employer who
maintains a valid registration fulfills this requirement.

Sec.  382.703  Driver consent to permit access to information in the
Clearinghouse.

    (a) No employer may query the Clearinghouse to determine whether a
record exists for any particular driver without first obtaining that
driver's written or electronic consent. The employer conducting the
search must retain the consent for 3 years from the date of the last
query.
    (b) Before the employer may access information contained in the
driver's Clearinghouse record, the driver must submit electronic
consent through the Clearinghouse granting the employer access to the
following specific records:
    (1) A verified positive, adulterated, or substituted controlled
substances test result;
    (2) An alcohol confirmation test with a concentration of 0.04 or
higher;
    (3) A refusal to submit to a test in violation of Sec.  382.211;
    (4) An employer's report of actual knowledge, as defined at Sec.
382.107, of:
    (i) On duty alcohol use pursuant to Sec.  382.205;
    (ii) Pre-duty alcohol use pursuant to Sec.  382.207;
    (iii) Alcohol use following an accident pursuant to Sec.  382.209;
and
    (iv) Controlled substance use pursuant to Sec.  382.213;
    (5) A SAP report of the successful completion of the return-to-duty
process;
    (6) A negative return-to-duty test; and
    (7) An employer's report of completion of follow-up testing.
    (c) No employer may permit a driver to perform a safety-sensitive
function if the driver refuses to grant the consent required by
paragraphs (a) and (b) of this section.
    (d) A driver granting consent under this section must provide
consent electronically to the Agency through the Clearinghouse prior to
release of information to an employer in accordance with Sec.
382.701(a)(2) or (b)(3).
    (e) A driver granting consent under this section grants consent for
the Agency to release information to an employer in accordance with
Sec.  382.701(c).

Sec.  382.705  Reporting to the Clearinghouse.

    (a) MROs. (1) Within 2 business days of making a determination or
verification, MROs must report the following information about a driver
to the Clearinghouse:
    (i) Verified positive, adulterated, or substituted controlled
substances test results;
    (ii) Refusal-to-test determination by the MRO in accordance with 49
CFR 40.191(a)(5), (7), and (11), (b), and (d)(2).
    (2) MROs must provide the following information for each controlled
substances test result specified in paragraph (a)(1) of this section:

    (i) Reason for the test;
    (ii) Federal Drug Testing Custody and Control Form specimen ID
number;
    (iii) Driver's name, date of birth, and CDL number and State of
issuance;
    (iv) Employer's name, address, and USDOT number, if applicable;
    (v) Date of the test;
    (vi) Date of the verified result; and
    (vii) Test result. The test result must be one of the following:
    (A) Positive (including the controlled substance(s) identified);
    (B) Refusal to test: Adulterated;
    (C) Refusal to test: Substituted; or
    (D) Refusal to provide a sufficient specimen after the MRO makes a
determination, in accordance with Sec.  40.193 of this title, that the
employee does not have a medical condition that has, or with a high
degree of probability could have, precluded the employee from providing
a sufficient amount of urine. Under this subpart a refusal would also
include a refusal to undergo a medical examination or evaluation to
substantiate a qualifying medical condition.
    (3) Within 1 business day of making any change to the results
report in accordance with paragraph (a)(1) of this section, a MRO must
report that changed result to the Clearinghouse.
    (b) Employers. (1) Employers must report the following information
about a driver to the Clearinghouse by the close of the third business
day following the date on which they obtained that information:
    (i) An alcohol confirmation test result with an alcohol
concentration of 0.04 or greater;
    (ii) A negative return-to-duty test result;
    (iii) A refusal to take an alcohol test pursuant to 49 CFR 40.261;
    (iv) A refusal to test determination made in accordance with 49 CFR
40.191(a)(1) through (4), (a)(6), (a)(8) through (11), or (d)(1), but
in the case of a refusal to test under (a)(11), the employer may report
only those admissions made to the specimen collector; and
    (v) A report that the driver has successfully completed all follow-
up tests as prescribed in the SAP report in accordance with Sec. Sec.
40.307, 40.309, and 40.311 of this title.
    (2) The information required to be reported under paragraph (b)(1)
of this section must include, as applicable:
    (i) Reason for the test;
    (ii) Driver's name, date of birth, and CDL number and State of
issuance;
    (iii) Employer name, address, and USDOT number;
    (iv) Date of the test;
    (v) Date the result was reported; and
    (vi) Test result. The test result must be one of the following:
    (A) Negative (only required for return-to-duty tests administered
in accordance with Sec.  382.309);
    (B) Positive; or
    (C) Refusal to take a test.
    (3) For each report of a violation of 49 CFR 40.261(a)(1) or
40.191(a)(1), the employer must report the following information:
    (i) Documentation, including, but not limited to, electronic mail
or other contemporaneous record of the time and date the driver was
notified to appear at a testing site; and the time, date and testing
site location at which the employee was directed to appear, or an
affidavit providing evidence of such notification;
    (ii) Documentation, including, but not limited to, electronic mail
or other correspondence, or an affidavit, indicating the date the
employee was terminated or resigned (if applicable);
    (iii) Documentation, including, but not limited to, electronic mail
or other correspondence, or an affidavit, showing that the C/TPA
reporting the violation was designated as a service agent for an
employer who employs himself/herself as a driver pursuant to paragraph
(b)(6) of this section when the reported refusal occurred (if
applicable); and
    (iv) Documentation, including a certificate of service or other
evidence, showing that the employer provided the employee with all
documentation reported under paragraph (b)(3) of this section.
    (4) Employers must report the following violations by the close of
the third business day following the date on which the employer obtains
actual knowledge, as defined at Sec.  382.107, of:
    (i) On-duty alcohol use pursuant to Sec.  382.205;
    (ii) Pre-duty alcohol use pursuant to Sec.  382.207;
    (iii) Alcohol use following an accident pursuant to Sec.  382.209;
and
    (iv) Controlled substance use pursuant to Sec.  382.213.
    (5) For each violation in paragraph (b)(4) of this section, the
employer must report the following information:
    (i) Driver's name, date of birth, CDL number and State of issuance;
    (ii) Employer name, address, and USDOT number, if applicable;
    (iii) Date the employer obtained actual knowledge of the violation;
    (iv) Witnesses to the violation, if any, including contact
information;
    (v) Description of the violation;
    (vi) Evidence supporting each fact alleged in the description of
the violation required under paragraph (b)(4) of this section, which
may include, but is not limited to, affidavits, photographs, video or
audio recordings, employee statements (other than admissions pursuant
to Sec.  382.121), correspondence, or other documentation; and
    (vii) A certificate of service or other evidence showing that the
employer provided the employee with all information reported under
paragraph (b)(4) of this section.
    (6) An employer who employs himself/herself as a driver must
designate a C/TPA to comply with the employer requirements in paragraph
(b) of this section related to his or her own alcohol and controlled
substances use.
    (c) C/TPAs. Any employer may designate a C/TPA to perform the
employer requirements in paragraph (b) of this section. Regardless of
whether it uses a C/TPA to perform its requirements, the employer
retains ultimate responsibility for compliance with this section.
Exception: An employer does not retain responsibility where the C/TPA
is designated to comply with employer requirements as described in
paragraph (b)(6) of this section.
    (d) SAPs. (1) SAPs must report to the Clearinghouse for each driver
who has completed the return-to-duty process in accordance with 49 CFR
part 40, subpart O, the following information:
    (i) SAPs name, address, and telephone number;
    (ii) Driver's name, date of birth, and CDL number and State of
issuance;
    (iii) Date of the initial substance-abuse-professional assessment;
and
    (iv) Date the SAP determined that the driver demonstrated
successful compliance as defined in 49 CFR part 40, subpart O, and was
eligible for return-to-duty testing under this part.
    (2) SAP must report the information required by paragraphs
(d)(1)(i) through (iii) of this section by the close of the business
day following the date of the initial substance abuse assessment, and
must report the information required by paragraph (d)(1)(iv) of this
section by the close of the business day following the determination
that the driver has completed the return-to-duty process.
    (e) Reporting truthfully and accurately. Every person or entity
with access must report truthfully and accurately to the Clearinghouse
and is expressly prohibited from reporting information he or she knows
or should know is false or inaccurate.

                  Reporting Entities and Circumstances
------------------------------------------------------------------------
                                    When information will be reported to
         Reporting entity                       clearinghouse
------------------------------------------------------------------------
Prospective/Current Employer of     --An alcohol confirmation test with
 CDL Driver.                         a concentration of 0.04 or higher.
                                    --Refusal to test (alcohol) as
                                     specified in 49 CFR 40.261.
                                    --Refusal to test (drug) not
                                     requiring a determination by the
                                     MRO as specified in 49 CFR 40.191.
                                    --Actual knowledge, as defined in 49
                                     CFR 382.107, that a driver has used
                                     alcohol on duty, used alcohol
                                     within four hours of coming on
                                     duty, used alcohol prior to post-
                                     accident testing, or has used a
                                     controlled substance.
                                    --Negative return-to-duty test
                                     results (drug and alcohol testing,
                                     as applicable)
                                    --Completion of follow-up testing.
Service Agent acting on behalf of   --An alcohol confirmation test with
 Current Employer of CDL Driver.     a concentration of 0.04 or higher.
                                    --Refusal to test (alcohol) as
                                     specified in 49 CFR 40.261.
                                    --Refusal to test (drug) not
                                     requiring a determination by the
                                     MRO as specified in 49 CFR 40.191.
                                    --Actual knowledge, as defined in 49
                                     CFR 382.107, that a driver has used
                                     alcohol on duty, used alcohol
                                     within four hours of coming on
                                     duty, used alcohol prior to post-
                                     accident testing, or has used a
                                     controlled substance.
                                    --Negative return-to-duty test
                                     results (drug and alcohol testing,
                                     as applicable)
                                    --Completion of follow-up testing.
MRO...............................  --Verified positive, adulterated, or
                                     substituted drug test result.
                                    --Refusal to test (drug) requiring a
                                     determination by the MRO as
                                     specified in 49 CFR 40.191.
SAP...............................  --Identification of driver and date
                                     the initial assessment was
                                     initiated.
                                    --Successful completion of treatment
                                     and/or education and the
                                     determination of eligibility for
                                     return-to-duty testing.
------------------------------------------------------------------------

Sec.  382.707   Notice to drivers of entry, revision, removal, or
release of information.

    (a) FMCSA must notify a driver when information concerning that
driver has been added to, revised, or removed from the Clearinghouse.
    (b) FMCSA must notify a driver when information concerning that
driver has been released from the Clearinghouse to an employer and
specify the reason for the release.
    (c) Drivers will be notified by letter sent by U.S. Mail to the
address on record with the State Driver Licensing Agency that issued
the driver's commercial driver's license. Exception: A driver may
provide the Clearinghouse with an alternative means or address for
notification, including electronic mail.

 Sec.  382.709   Drivers' access to information in the Clearinghouse.

    A driver may review information in the Clearinghouse about himself
or herself, except as otherwise restricted by law or regulation. A
driver must register with the Clearinghouse before accessing his or her
information.

Sec.  382.711   Clearinghouse registration.

    (a) Clearinghouse registration required. Each employer and service
agent must register with the Clearinghouse before accessing or
reporting information in the Clearinghouse.
    (b) Employers. (1) Employer Clearinghouse registration must
include:
    (i) Name, address, and telephone number;
    (ii) USDOT number, except if the registrant does not have a USDOT
Number, it may be requested to provide other information to verify
identity; and
    (iii) Name of the person(s) the employer authorizes to report
information to or obtain information from the Clearinghouse and any
additional information FMCSA needs to validate his or her identity.
    (2) Employers must verify the names of the person(s) authorized
under paragraph (b)(1)(iii) of this section annually.
    (3) Identification of the C/TPA or other service agent used to
comply with the requirements of this part, if applicable, and
authorization for the C/TPA to query or report information to the
Clearinghouse. Employers must update any changes to this information
within 10 days.
    (c) MROs and SAPs. Each MRO or SAP must provide the following to
apply for Clearinghouse registration:
    (1) Name, address, telephone number, and any additional information
FMCSA needs to validate the applicant's identity;
    (2) A certification that the applicant's access to the
Clearinghouse is conditioned on his or her compliance with the
applicable qualification and/or training requirements in 49 CFR part
40; and
    (3) Evidence of required professional credentials to verify that
the applicant currently meets the applicable qualification and/or
training requirements in 49 CFR part 40.
    (d) C/TPAs and other service agents. Each consortium/third party
administrator or other service agent must provide the following to
apply for Clearinghouse registration:
    (1) Name, address, telephone number, and any additional information
FMCSA needs to validate the applicant's identity; and
    (2) Name, title, and telephone number of the person(s) authorized
to report information to and obtain information from the Clearinghouse.
    (3) Each C/TPA or other service agent must verify the names of the
person(s) authorized under paragraph (d)(2) of this section annually.

Sec.  382.713   Duration, cancellation, and revocation of access.

    (a) Term. Clearinghouse registration is valid for 5 years, unless
cancelled or revoked.
    (b) Cancellation. FMCSA will cancel Clearinghouse registrations for
anyone who has not queried or reported to the Clearinghouse for 2
years.
    (c) Revocation. FMCSA has the right to revoke the Clearinghouse
registration of anyone who fails to comply with any of the prescribed
rights and restrictions on access to the Clearinghouse, including but
not limited to, submission of inaccurate or false information and
misuse or misappropriation of access rights or protected information
from the Clearinghouse and failure to maintain the requisite
qualifications, certifications and/or training requirements as set
forth in part 40 of this title.

Sec.  382.715   Authorization to enter information into the
Clearinghouse.

    (a) C/TPAs. No C/TPA or other service agent may enter information
into the Clearinghouse on an employer's behalf unless the employer
designates the C/TPA or other service agent.
    (b) SAPs. A driver must designate a SAP before that SAP can enter
any

information about the driver's return-to-duty process into the
Clearinghouse.

Sec.  382.717  Procedures for correcting information in the database.

    (a) Petitions limited to inaccurately reported information. (1)
Under this section, petitioners may challenge only the accuracy of
information reporting, not the accuracy of test results or refusals.
    (2) Exceptions. (i) Petitioners may request that FMCSA remove from
the Clearinghouse an employer's report of actual knowledge that the
driver received a traffic citation for driving a commercial motor
vehicle while under the influence of alcohol or controlled substances
if the citation did not result in a conviction. For the purposes of
this section, conviction has the same meaning as used in 49 CFR part
383.
    (ii) Petitioners may request that FMCSA remove from the
Clearinghouse an employer's report of actual knowledge (other than as
provided for in paragraph (a)(2)(i) of this section) if that report
does not comply with the reporting requirements in Sec.  382.705(b)(5).
    (iii) Petitioners may request that FMCSA remove from the
Clearinghouse an employer's report of a violation under 49 CFR
40.261(a)(1) or 40.191(a)(1) if that report does not comply with the
reporting requirements in Sec.  382.705(b)(3).
    (b) Petition. Any driver or authorized representative of the driver
may submit a petition to the FMCSA contesting the accuracy of
information in the Clearinghouse. The petition must include:
    (1) The petitioner's name, address, telephone number, and CDL
number and State of issuance;
    (2) Detailed description of the basis for the allegation that the
information is not accurate; and
    (3) Evidence supporting the allegation that the information is not
accurate. Failure to submit evidence is cause for dismissing the
petition.
    (c) Submission of petition. The petitioner may submit his/her
petition electronically through the Clearinghouse or in writing to:
Federal Motor Carrier Safety Administration, Office of Enforcement and
Compliance, Attention: Drug and Alcohol Program Manager, 1200 New
Jersey Avenue SE., Washington, DC 20590.
    (d) Notice of decision. Within 45 days of receiving a complete
petition, FMCSA will inform the driver in writing of its decision to
remove, retain, or correct the information in the database and provide
the basis for the decision.
    (e) Request for expedited treatment. (1) A driver may request
expedited treatment to correct inaccurate information in his or her
Clearinghouse record under paragraph (a)(1) of this section if the
inaccuracy is currently preventing him or her from performing safety-
sensitive functions, or to remove employer reports under paragraph
(a)(2) of this section if such reports are currently preventing him or
her from performing safety-sensitive functions. This request may be
included in the original petition or as a separate document.
    (2) If FMCSA grants expedited treatment, it will subsequently
inform the driver of its decision in writing within 14 days of receipt
of a complete petition.
    (f) Administrative review. (1) A driver may request FMCSA to
conduct an administrative review if he or she believes that a decision
made in accordance with paragraph (d) or (e) of this section was in
error.
    (2) The request must prominently state at the top of the document:
``Administrative Review of Drug and Alcohol Clearinghouse Decision''
and the driver may submit his/her request electronically through the
Clearinghouse or in writing to the Associate Administrator for
Enforcement (MC-E), Federal Motor Carrier Safety Administration, 1200
New Jersey Ave. SE., Washington, DC 20590.
    (3) The driver's request must explain the error he or she believes
FMCSA committed and provide information and/or documents to support his
or her argument.
    (4) FMCSA will complete its administrative review no later than 30
days after receiving the driver's request for review. The Associate
Administrator's decision will constitute the final Agency action.
    (g) Subsequent notification to employers. When information is
corrected or removed in accordance with this section, or in accordance
with 49 CFR part 10, FMCSA will notify any employer that accessed the
incorrect information that a correction or removal was made.

Sec.  382.719   Availability and removal of information.

    (a) Driver information not available. Information about a driver's
drug or alcohol violation will not be available to an employer
conducting a query of the Clearinghouse after all of the following
conditions relating to the violation are satisfied:
    (1) The SAP reports to the Clearinghouse the information required
in Sec.  382.705(d);
    (2) The employer reports to the Clearinghouse that the driver's
return-to-duty test results are negative;
    (3) The driver's current employer reports that the driver has
successfully completed all follow-up tests as prescribed in the SAP
report in accordance with Sec. Sec.  40.307, 40.309, and 40.311 of this
title; and
    (4) Five years have passed since the date of the violation
determination.
    (b) Driver information remains available. Information about a
particular driver's drug or alcohol violation will remain available to
employers conducting a query until all requirements in paragraph (a) of
this section have been met.
    (c) Exceptions. (1) Within 2 business days of granting a request
for removal pursuant to Sec.  382.717(a)(2)(i), FMCSA will remove
information from the Clearinghouse.
    (2) Information about a particular driver's drug or alcohol
violation may be removed in accordance with Sec.  382.717(a)(2)(ii) and
(iii) or in accordance with 49 CFR part 10.
    (d) Driver information remains available. Nothing in this part
shall prevent FMCSA from using information removed under this section
for research, auditing, or enforcement purposes.

Sec.  382.721   Fees.

    FMCSA may collect a reasonable fee from entities required to query
the Clearinghouse. Exception: No driver may be required to pay a fee to
access his or her own information in the Clearinghouse.

Sec.  382.723  Unauthorized access or use prohibited.

    (a) Except as expressly authorized in this subpart, no person or
entity may access the Clearinghouse. No person or entity may share,
distribute, publish, or otherwise release any information in the
Clearinghouse except as specifically authorized by law. No person may
report inaccurate or misleading information to the Clearinghouse.
    (b) An employer's use of information received from the
Clearinghouse is limited to determining whether a prohibition applies
to a driver performing a safety-sensitive function with respect to a
commercial motor vehicle. No employer may divulge or permit any other
person or entity to divulge any information from the Clearinghouse to
any person or entity not directly involved in determining whether a
prohibition applies to a driver performing a safety-sensitive function

with respect to a commercial motor vehicle.
    (c) Violations of this section are subject to civil and criminal
penalties in accordance with applicable law, including those set forth
at Sec.  382.507.
    (d) Nothing in this part shall prohibit FMCSA from accessing
information about individual drivers in the Clearinghouse for research,
auditing, or enforcement purposes.

Sec.  382.725  Access by State licensing authorities.

    (a) In order to determine whether a driver is qualified to operate
a commercial motor vehicle, the chief commercial driver's licensing
official of a State must obtain the driver's record from the
Clearinghouse if the driver has applied for a commercial driver's
license from that State.
    (b) By applying for a commercial driver's license, a driver is
deemed to have consented to the release of information from the
Clearinghouse in accordance with this section.
    (c) The chief commercial driver's licensing official's use of
information received from the Clearinghouse is limited to determining
an individual's qualifications to operate a commercial motor vehicle.
No chief driver's licensing official may divulge or permit any other
person or entity to divulge any information from the Clearinghouse to
any person or entity not directly involved in determining an
individual's qualifications to operate a commercial motor vehicle.
    (d) A chief commercial driver's licensing official who does not
take appropriate safeguards to protect the privacy and confidentiality
of information obtained under this section is subject to revocation of
his or her right of access under this section.

Sec.  382.727  Penalties.

    An employer, employee, MRO, or service agent who violates any
provision of this subpart shall be subject to the civil and/or criminal
penalty provisions of 49 U.S.C. 521(b)(2)(C).

PART 383--COMMERCIAL DRIVER'S LICENSE STANDARDS; REQUIREMENTS AND
PENALTIES

0
13. The authority citation for part 383 is revised to read as follows:

    Authority: 49 U.S.C. 521, 31136, 31301 et seq., and 31502; secs.
214 and 215 of Pub. L. 106-159, 113 Stat. 1748, 1766, 1767; sec.
1012(b) of Pub. L. 107-56, 115 Stat. 272, 297; sec. 4140 of Pub. L.
109-59, 119 Stat. 1144, 1746; sec. 32934 of Pub. L. 112-141, 126
Stat. 405, 830; sec. 7208 of Pub. L. 114-94, 129 Stat. 1312, 1593;
and 49 CFR 1.87.

0
14. Amend Sec.  383.73 by:
0
a. Removing the word ``and'' at the end of paragraph (b)(8);
0
b. Removing the period at the end of paragraph (b)(9) and adding ``;
and'' in its place;
0
c. Adding paragraph (b)(10);
0
d. Removing ``and:'' at the end of paragraph (c)(8) and adding a
semicolon in its place;
0
e. Removing the period at the end of paragraph (c)(9) and adding ``;
and'' in its place;
0
f. Adding paragraph (c)(10);
0
g. Removing the word ``and'' at the end of paragraph (d)(7);
0
h. Removing the period at the end of paragraph (d)(8) and adding ``;
and'' in its place;
0
i. Adding paragraph (d)(9);
0
j. Removing ``and:'' at the end of paragraph (e)(6) and adding a
semicolon in its place;
0
k. Removing the period at the end of paragraph (e)(7) and adding ``;
and'' in its place;
0
l. Adding paragraphs (e)(8) and (f)(4).
    The additions read as follows:

Sec.  383.73   State procedures.

* * * * *
    (b) * * *
    (10) Beginning January 6, 2020, request information from the Drug
and Alcohol Clearinghouse in accordance with Sec.  382.725 of this
chapter.
    (c) * * *
    (10) Beginning January 6, 2020, request information from the Drug
and Alcohol Clearinghouse in accordance with Sec.  382.725 of this
chapter.
    (d) * * *
    (9) Beginning January 6, 2020, request information from the Drug
and Alcohol Clearinghouse in accordance with Sec.  382.725 of this
chapter.
    (e) * * *
    (8) Beginning January 6, 2020, request information from the Drug
and Alcohol Clearinghouse in accordance with Sec.  382.725 of this
chapter.
    (f) * * *
    (4) Beginning January 6, 2020, for drivers seeking issuance,
renewal, upgrade or transfer of a non-domiciled CDL, request
information from the Drug and Alcohol Clearinghouse in accordance with
Sec.  382.725 of this chapter.
* * * * *

PART 384--STATE COMPLIANCE WITH COMMERCIAL DRIVER'S LICENSE PROGRAM

0
15. The authority citation for this part is revised to read as follows:

    Authority: 49 U.S.C. 31136, 31301, et seq., and 31502; secs. 103
and 215 of Pub. L. 106-59, 113 Stat. 1753, 1767; sec. 32934 of Pub.
L. 112-141, 126 Stat. 405, 830; sec. 5524 of Pub. L. 114-94, 129
Stat. 1312, 1560; and 49 CFR 1.87.

0
16. Add Sec.  384.235 to read as follows:

Sec.  384.235  Commercial driver's license Drug and Alcohol
Clearinghouse.

    Beginning January 6, 2020, the State must request information from
the Clearinghouse in accordance with Sec.  383.73 of this chapter.

PART 391--QUALIFICATIONS OF DRIVERS AND LONGER COMBINATION VEHICLE
(LCV) DRIVER INSTRUCTORS

0
17. The authority citation for part 391 continues to read as follows:

    Authority: 49 U.S.C. 504, 508, 31133, 31136, 31149, and 31502;
sec. 4007(b) of Pub. L. 102-240, 105 Stat. 1914, 2152; sec. 114 of
Pub. L. 103-311, 108 Stat. 1673, 1677; sec. 215 of Pub. L. 106-159,
113 Stat. 1748, 1767; sec. 32934 of Pub. L. 112-141, 126 Stat. 405,
830; and 49 CFR 1.87.

0
18. Amend Sec.  391.23 by adding paragraph (e)(4) and revising
paragraph (f) to read as follows:

Sec.  391.23   Investigation and inquiries.

* * * * *
    (e) * * *
    (4) As of January 6, 2023, employers subject to Sec.  382.701(a) of
this chapter must use the Drug and Alcohol Clearinghouse to comply with
the requirements of this section with respect to FMCSA-regulated
employers.
    (i) Exceptions. (A) If an applicant who is subject to follow-up
testing has not successfully completed all follow-up tests, the
employer must request the applicant's follow-up testing plan directly
from the previous employer in accordance with Sec.  40.25(b)(5) of this
title.
    (B) If an applicant was subject to an alcohol and controlled
substance testing program under the requirements of a DOT mode other
than FMCSA, the employer must request alcohol and controlled substances
information required under this section directly from those employers
regulated by a DOT mode other than FMCSA.
    (ii) [Reserved]
    (f)(1) A prospective motor carrier employer must provide to the
previous employer the driver's consent meeting the requirements of
Sec.  40.321(b) of this title for the release of the information in
paragraph (e) of this section. If the driver refuses to provide this
consent, the prospective motor carrier employer must not permit the
driver to operate a commercial motor vehicle for that motor carrier.
    (2) If a driver refuses to grant consent for the prospective motor
carrier

employer to query the Drug and Alcohol Clearinghouse in accordance with
paragraph (e)(4) of this section, the prospective motor carrier
employer must not permit the driver to operate a commercial motor
vehicle.
* * * * *

    Issued under the authority delegated in 49 CFR 1.87 on: November
8, 2016.
T.F. Scott Darling, III,
Administrator.
[FR Doc. 2016-27398 Filed 12-2-16; 8:45 am]
BILLING CODE 4910-EX-P