CDL Drug and Alcohol Clearinghouse Information Collection Request

Content

ACTION:

Notice and request for comments.

SUMMARY:

In accordance with the Paperwork Reduction Act of 1995, FMCSA announces its plan to submit the Information Collection Request
(ICR) described below to the Office of Management and Budget (OMB) for review and approval and invites public comment. The
Agency's final rule titled “Commercial Driver's License Drug and Alcohol Clearinghouse” (Clearinghouse), published in the

     Federal Register
     on December 5, 2016, established the regulatory requirements for the Clearinghouse. The compliance date for the final rule
     was January 6, 2020. FMCSA began collecting data as authorized users began registering in the Clearinghouse in September 2019.
     This ICR revision is needed to support the continuation of the querying and reporting requirements to address the problem
     of commercial driver's license (CDL) and commercial learner's permit (CLP) holders who test positive for the use of controlled
     substances or the misuse of alcohol and then continue to perform safety sensitive functions, including driving a commercial
     motor vehicle (CMV), without completing the required return-to-duty (RTD) process.

DATES:

Comments on this notice must be received on or before June 1, 2026.

ADDRESSES:

You may submit comments identified by Docket Number FMCSA-2026-0727 using any of the following methods:

• Federal eRulemaking Portal: https://www.regulations.gov. Follow the online instructions for submitting comments.

• Mail: Dockets Operations; U.S. Department of Transportation, 1200 New Jersey Avenue SE, W58-213, Washington, DC 20590-0001.

• Hand Delivery or Courier: Dockets Operations, U.S. Department of Transportation, 1200 New Jersey Avenue SE, W58-213, Washington, DC, 20590-0001 between
9 a.m. and 5 p.m. ET, Monday through Friday, except Federal holidays. To be sure someone is there to help you, please call
(202) 366-9317 or (202) 366-9826 before visiting Dockets Operations.

• Fax: (202) 493-2251.

To avoid duplication, please use only one of these four methods. See the “Public Participation and Request for Comments” portion
of the
SUPPLEMENTARY INFORMATION
section for instructions on submitting comments.

FOR FURTHER INFORMATION CONTACT:

Derrick Carrington, Drug and Alcohol Programs Division, DOT, FMCSA, 1200 New Jersey Avenue SE, Washington, DC 20590-0001;
(202) 366-9394; derrick.carrington@dot.gov.

SUPPLEMENTARY INFORMATION:

Instructions

All submissions must include the Agency name and docket number. For detailed instructions on submitting comments, see the
Public Participation heading below. Note that all comments received will be posted without change to https://www.regulations.gov, including any personal information provided. Please see the Privacy Act heading below.

Public Participation and Request for Comments

If you submit a comment, please include the docket number for this notice (FMCSA-2026-0727), indicate the specific section
of this document to which your comment applies, and provide a reason for each suggestion or recommendation. You may submit
your comments and material online or by fax, mail, or hand delivery, but please use only one of these means. FMCSA recommends
that you include your name and mailing address, an email address, or a phone number in the body of your document so FMCSA
can contact you if there are questions regarding your submission.

To submit your comment online, go to https://www.regulations.gov/docket/FMCSA-2026-0727/document, click on this notice, click “Comment,” and type your comment into the text box on the following screen.

If you submit your comments by mail or hand delivery, submit them in an

  unbound format, no larger than 8
  1/2
  by 11 inches, suitable for copying and electronic filing.

FMCSA will consider all comments and material received during the comment period.

Privacy Act

In accordance with 5 U.S.C. 553(c), DOT solicits comments from the public to better inform its regulatory process. DOT posts
these comments, including any personal information the commenter provides, to www.regulations.gov as described in the system of records notice DOT/ALL 14 (Federal Docket Management System (FDMS)), which can be reviewed at https://www.transportation.gov/individuals/privacy/privacy-act-system-records-notices. The comments are posted without edits and are searchable by the name of the submitter.

Background

Agency regulations at 49 Code of Federal Regulations (CFR) part 382 apply to persons and employers of such persons who operate
CMVs in commerce in the United States and who are subject to the CDL requirements in 49 CFR part 383 or the equivalent CDL
requirements for Canadian and Mexican drivers operating in the U.S. (49 CFR 382.103(a)). Part 382 requires that employers
conduct pre-employment drug testing; random, post-accident, and reasonable suspicion drug and alcohol testing; and RTD testing
and follow-up testing for those drivers who test positive or otherwise violate DOT drug and alcohol program requirements.
Motor carrier employers are prohibited from allowing an employee to perform safety-sensitive functions, which include operating
a CMV, if the employee tests positive on a DOT drug or alcohol test, refuses to take a required test, or otherwise violates
FMCSA's drug and alcohol testing regulations.

Section 32402 of the Moving Ahead for Progress in the 21st Century Act requires that the Secretary of Transportation establish,
operate, and maintain a national clearinghouse for records relating to alcohol and controlled substances testing of CMV operators
to improve compliance with the DOT's alcohol and controlled substances testing program and to enhance the safety of our roadways
by reducing crashes and injuries involving the misuse of alcohol or use of controlled substances by operators of CMVs. As
noted above, FMCSA published a final rule on December 5, 2016, with an effective date of January 4, 2017, and a compliance
date of January 6, 2020, to implement the requirements of the Clearinghouse (81 FR 87686). In September 2019 FMCSA first began
collecting data in September 2019 relating to authorized users' registration in the Clearinghouse. On January 6, 2020, FMCSA
began collecting data related to drivers' drug and alcohol program violations and associated return to duty process, as well
as allowing queries conducted by employers on CDL or CLP holders.

The Clearinghouse functions as a repository for records relating to the positive test results and test refusals of CMV operators
and violations by such operators of prohibitions set forth in 49 CFR, part 382, subpart B. An employer utilizes the Clearinghouse
to determine whether current and prospective employees have incurred a drug or alcohol program violation that would prohibit
them from performing safety-sensitive functions, including operating a CMV.

The Clearinghouse provides FMCSA and employers with the necessary tools to identify drivers who are prohibited from operating
a CMV and ensure that such drivers receive the required evaluation and treatment before resuming safety-sensitive functions.
Specifically, information maintained in the Clearinghouse will ensure that drivers who commit a drug or alcohol program violation
while working for one employer and attempt to find work with another employer, can no longer conceal their drug and alcohol
violations merely by moving on to the next job or the next State. Drug and alcohol violation records maintained in the Clearinghouse
follow the driver regardless of how many times he or she changes employers, seeks employment, or applies for a CDL in a different
State.

The information in the Clearinghouse is used by FMCSA and its State partners for enforcement purposes to:

• Ensure employers are meeting their pre-employment investigation and reporting requirements;
• Place drivers out of service if drivers are found to be operating a CMV without completing the RTD process; and
• Ensure medical review officers (MROs) and substance abuse professionals (SAPs) meet their reporting requirements. Only authorized users, including employers and their service agents, Federal and State enforcement personnel, and State Driver Licensing Agencies (SDLAs) may register and access the Clearinghouse for designated purposes. State enforcement personnel may also receive the driver's eligibility status to operate a CMV, based on Clearinghouse information, when they check Query Central, the Commercial Driver's License Information System, or the National Law Enforcement Telecommunications System for driver information. FMCSA will share a driver's drug and alcohol violation information with the National Transportation Safety Board when it is investigating a crash involving that driver.

Drivers may access their own information, but not information of other drivers. The Clearinghouse meets all relevant Federal
security standards and FMCSA continuously monitors compliance with applicable security regulations.

Title: Commercial Driver's License Drug and Alcohol Clearinghouse.

OMB Control Number: 2126-0057.

Type of Request: Renewal of a currently approved ICR.

Respondents: Motor carriers (employers), drivers, MROs, SAPs, consortia/third-party administrators (C/TPAs), and SDLAs.

Estimated Number of Respondents: 9,834,949

Estimated Time per Response: Varies; 10 to 20 minutes.

Expiration Date: August 31, 2026.

Frequency of Response: On occasion.

A user's role will determine the frequency of the response in the Clearinghouse.

• Employers, or C/TPAs acting on behalf of an employer: At a minimum, employers are required to query the Clearinghouse for each driver they currently employ at least once a year.
Employers must query the Clearinghouse for all prospective employees, as needed. In addition, employers report to the Clearinghouse
alcohol confirmation tests with a concentration of 0.04 or higher, refusal to test (alcohol), refusal to test (drug) that
is not determined by an MRO, and actual knowledge of violations, negative RTD testing, and completion of the follow-up testing
plan. Employer reporting must be completed by the close of the third business day following the date they obtained the information
on the driver.

• MROs: Verified positive, adulterated, or substituted drug test result and refusals to tests (drug) must be entered to the Clearinghouse
on occasion, but no later than 2 business days after making a determination or verification.

• SAPs: Must enter the initial assessment date and the date the driver successfully complied with RTD requirements. SAPs are required
to enter this information on occasion by the close of business day following the date

  of the initial assessment or completion of the RTD process.

• SDLAs: May query the Clearinghouse prior to specified licensing transactions to determine whether drivers are listed in the “prohibited
status.”

• Drivers: Provide general consent to employer queries outside of the Clearinghouse.

• Drivers: Must provide their specific consent to pre-employment queries electronically through the Clearinghouse.

Estimated Total Annual Burden: 1,653,032.

Public Comments Invited: You are asked to comment on any aspect of this information collection, including: (1) whether the proposed collection is necessary
for the performance of FMCSA's functions; (2) the accuracy of the estimated burden; (3) ways for FMCSA to enhance the quality,
usefulness, and clarity of the collected information; and (4) ways that the burden could be minimized without reducing the
quality of the collected information. The Agency will summarize or include your comments in the request for OMB's clearance
of this ICR.

Issued under the authority of 49 CFR 1.87.

David M. Sutula, Acting Associate Administrator, Office of Research and Registration. [FR Doc. 2026-06276 Filed 3-31-26; 8:45 am] BILLING CODE 4910-EX-P

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