Commercial Driver's License Drug and Alcohol Clearinghouse

 
Docket ID: FMCSA-2011-0031
Agency: Federal Motor Carrier Safety Administration (FMCSA)
Parent Agency: Department of Transportation (DOT)
Summary:

This rulemaking would create a central database for verified positive controlled substances and alcohol test results for commercial driver´s license (CDL) holders and refusals by such drivers to submit to testing. This rulemaking would require employers of CDL holders and service agents to report positive test results and refusals to test into the Clearinghouse. Prospective employers, acting on an application for a CDL driver position with the applicant´s written consent to access the Clearinghouse, would query the Clearinghouse to determine if any specific information about the driver applicant is in the Clearinghouse before allowing the applicant to be hired and to drive CMVs. This rulemaking is intended to increase highway safety by ensuring CDL holders, who have tested positive or have refused to submit to testing, have completed the U.S. DOT´s return-to-duty process before driving CMVs in interstate or intrastate commerce. It is also intended to ensure that employers are meeting their drug and alcohol testing responsibilities. Additionally, provisions in this rulemaking would also be responsive to requirements of the Moving Ahead for Progress in the 21st Century (MAP-21) Act. MAP-21 required creation of the Clearinghouse by 10/1/14.

RIN: 2126-AB18
Impacts and Effects: None
CFR Citation: 49 CFR 382
Priority: Economically Significant
UA and Regulatory Plan Information open glossary dialog  
Publication Period: Spring 2016
Agenda Stage of Rulemaking: Final Rule
Major Rule: Yes
Legal Authorities: 49 U.S.C. 31306
Government Levels Affected: Federal, Local, State, Tribal
Federalism Implications: Yes
Unfunded Mandates: No
Requires Regulatory Flexibility Analysis: Business
Small Entities Affected: No
International Impacts: No
Energy Effects: No
Included in Regulatory Plan: No
Legal Deadline
ActionSourceDescriptionDate
StatutoryOtherClearinghouse required to be established by 10/01/2014.10/01/2014
Timetable
ActionDateFR Citation
NPRM02/20/201479 FR 9703
Comment Period End04/21/201479 FR 9703
Comment Period End04/22/201479 FR 22467
Comment Period Extended04/22/201479 FR 22467
Final Rule07/00/2016
Docket Details open glossary dialog  
Related RINs: None
Related Dockets: None
Disposition: Pending
Type: Rulemaking
Docket Close Date: February 02 2100, at 12:00 AM Eastern Standard Time
Subtype: Commercial Driver's License
 

Primary Documents

View All  (10)
Comment Now!
Due May 21, 2014 11:59 PM ET
Proposed Rule
Posted: 04/22/2014
ID: FMCSA-2011-0031-0116
Comment Now!
Due Apr 21, 2014 11:59 PM ET
Proposed Rule
Posted: 02/20/2014
ID: FMCSA-2011-0031-0001
Comment Period Closed
Other
Posted: 05/27/2014
ID: FMCSA-2011-0031-0174
Comment Period Closed
Other
Posted: 04/16/2014
ID: FMCSA-2011-0031-0084
Comment Period Closed
Proposed Rule
Posted: 03/06/2014
ID: FMCSA-2011-0031-0037

Supporting Documents

View All  (11)
Comments Not Accepted
Supporting & Related Material
Posted: 02/20/2014
ID: FMCSA-2011-0031-0008
Comments Not Accepted
Supporting & Related Material
Posted: 02/20/2014
ID: FMCSA-2011-0031-0006
Comments Not Accepted
Supporting & Related Material
Posted: 02/20/2014
ID: FMCSA-2011-0031-0005

Comments

View All  (165)

165
Comments Received*
Regulatory Timeline
Pre Rule
Current Stage
Proposed Rule
Current Stage
Final Rule
Current Stage
Agency Contact
Juan Moya
FMCSA/DOT
juan.moya@dot.gov
202 366-4844
Washington, DC 20590
Washington, DC 20590
*This count refers to the total comment/submissions received on this docket, as of 11:59 PM yesterday. Note: Agencies review all submissions, however some agencies may choose to redact, or withhold, certain submissions (or portions thereof) such as those containing private or proprietary information, inappropriate language, or duplicate/near duplicate examples of a mass-mail campaign. This can result in discrepancies between this count and those displayed when conducting searches on the Public Submission document type. For specific information about an agency’s public submission policy, refer to its website or the Federal Register document.