Agency Information Collection Activities: Requests for Comments; Clearance of a Renewed Approval of Information Collection(s): Procedures for Transportation Workplace Drug and Alcohol Testing Programs (ICR 2105-0529)
The Department of Transportation (DOT) invites public comments about our intention to request Office of Management and Budget (OMB) approval to renew the information collection ...
The Department of Transportation (DOT) invites public comments about our intention to request Office of Management and Budget (OMB) approval to renew the information collection approved under OMB Control No. 2105-0529, Procedures for Transportation Drug and Alcohol Testing Program. The information to be collected will be used to document tests conducted and actions taken to ensure safety in the workplace or is otherwise necessary to collect under the Omnibus Transportation Employee Testing Act of 1991, which requires DOT to implement a drug and alcohol testing program in various transportation-related industries. DOT is required to publish this notice in the
Federal Register
in accordance with the Paperwork Reduction Act of 1995.
DATES:
Comments to this notice must be received by January 8, 2027.
ADDRESSES:
You may submit comments by any of the following methods:
Federal eRulemaking Portal:
Go to
www.regulations.gov
and follow the online instructions for submitting comments.
Mail:
Dockets Operations, U.S. Department of Transportation, 1200 New Jersey Ave. SE, West Building, W58-213, Washington, DC 20590-0001;
Hand Delivery:
West Building, W58-213, 1200 New Jersey Ave. SE, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The telephone number is 202-366-9826;
Instructions:
You must include the agency name and docket number [DOT-OST-2026-4192] of this notice at the beginning of your comment. Note that all comments received will be posted without change to
www.regulations.gov
including any personal information provided. Please see the Privacy Act section of this document.
Docket:
You may view the public docket through the internet at
www.regulations.gov
or in person at the
( printed page 70986)
Docket Management System office at the above address.
Privacy Act:
In accordance with 5 U.S.C. 553(c), DOT solicits comments from the public to better inform its rulemaking process. DOT posts these comments, without edit, including any personal information the commenter provides, to
www.regulations.gov,
as described in the system of records notice (DOT/ALL-14 FDMS), which can be reviewed at
www.dot.gov/privacy.
FOR FURTHER INFORMATION CONTACT:
Bohdan Baczara, Office of Drug and Alcohol Policy and Compliance, Office of the Secretary, U.S. Department of Transportation, 1200 New Jersey Avenue SE, Washington, DC 20590;
ODAPCWebmail@dot.gov
(email).
SUPPLEMENTARY INFORMATION:
OMB Control Number:
2105-0529.
Title:
Procedures for Transportation Workplace Drug and Alcohol Testing Programs.
Form Numbers:
DOT F 1385; DOT F 1380.
Type of Review:
Clearance of a renewal of an information collection.
Background:
Under the Omnibus Transportation Employee Testing Act of 1991, DOT is required to implement a drug and alcohol testing program in various transportation related industries. This specific requirement is elaborated in 49 CFR part 40, Procedures for Transportation Workplace Drug and Alcohol Testing Programs (Part 40). This request for a renewal of the information collection for the program includes 45 burden items related to the overall program and two official DOT forms: the U.S. Department of Transportation Alcohol Testing Form (ATF) [DOT F 1380] and the DOT Drug and Alcohol Testing Management Information System (MIS) Data Collection Form [DOT F 1385].
The ATF includes the employee's name, the type of test taken, the date of the test, and the name of the employer. Data on each test conducted, including test results, is necessary to document that the tests were conducted and is used to take action, when required, to ensure safety in the workplace.
The MIS form includes employer specific drug and alcohol testing information such as the reason for the test and the cumulative number of test results for the negative, positive, and refusal tests. No employee specific data is collected. The form has fields for data related to urine and oral fluid drug testing. The MIS data is used by each of the affected DOT Agencies (
i.e.,
Federal Aviation Administration, Federal Transit Administration, Federal Railroad Administration, Federal Motor Carrier Safety Administration, and the Pipeline and Hazardous Materials Safety Administration) and the United States Coast Guard when calculating their industry's annual random drug and/or alcohol testing rate.
DOT will request OMB approval to revise the MIS Data Collection Form. Specifically, in Section I of the form, “Employer”, in the line for PHMSA—Pipeline, DOT will remove the text “: (Check) Gas Gathering_ Gas Transmission_ Gas Distribution_ Transport Hazardous Liquids_ Transport Carbon Dioxide_”. Because pipeline operators submit other reports to PHMSA, PHMSA already knows the types of pipelines they operate; therefore, collecting this data element on the MIS form is unnecessary. Furthermore, contractors to pipeline operators who must submit an MIS form are not operators and are confused by the options because the `type of pipeline' does not apply to them. Removing this data element will not hinder the data collection effort or alter the form's burden estimate. In the Paperwork Reduction Act Notice section of the form, DOT will replace the text ‘Suite W62-300’ with ‘Rm W75-211’ to reflect the new office location.
Respondents:
The information will be collected from transportation employers, Department representatives, and a variety of service agents. Estimated total number of respondents is 2,383,126.
Frequency:
The information will be collected annually.
Estimated Total Number Burden Hours;
723,484.
PRA item
Number of
respondents
Number of
responses
Burden per
response
(min)
Total
burden hours
Total
salary costs
($)
Exemptions from Regulation Provisions Requests [40.7(a)]
700
700
180
2,100
$97,860
Employer Stand-down Waiver Requests [40.21(b)]
1
1
480
8
373
Employee Testing Records from Previous Employers [40.25(a)]
24,477
668,581
8
89,144
4,154,110
Employee Release of Information [40.25(f)]
24,447
668,581
4
44,572
2,077,055
MIS Form Submission [40.26]
27,680
27,680
90
41,520
1,934,832
Urine Collector (Qualification and Refresher) Training Documentation (40.33(b) & (e)]
5,000
5,000
4
333
15,518
Urine Collector Error Correction Training Documentation [40.33(f)]
5,000
39,770
4
2,651
123,537
Oral Fluid Collector (Qualification and Refresher) Training Documentation (40.35(b) & (e)]
5,000
5,000
4
333
15,518
Oral Fluid Collector Error Correction Training Documentation [40.35(f)]
5,000
2,993
4
199
9,273
Laboratory Reports to DOT Regarding Unlisted Adulterant [40.87(e)]
30
Semi-Annual Laboratory Reports to Employers [40.111(a)]
14
365,951
4
24,396
1,136,854
Semi-Annual Laboratory Reports to DOT [40.111(d)]
14
336
4
22
1,025
Medical Review Officer (MRO) (Qualifications and Continuing Education) Training Documentation [40.121(c) & (d)]
1,000
1,000
4
67
3,122
MRO Review of Negative Results Documentation [[40.127(b)(2)(ii)]
1,708
345,636
4
23,042
1,073,757
MRO Failure to Contact Donor Documentation [40.131(c)(1)]
1,708
46,899
4
3,127
145,718
MRO Effort to Contact DER Documentation [40.131(c)(2)(iii)]
1,708
46,899
4
3,127
145,718
DER Successful Contact Employee Documentation [40.131(d)]
549,477
37,519
4
2,501
116,547
DER Failure to Contact Employee Documentation [40.131(d)(2)(i)]
549,477
9,379
4
625
29,125
MRO Verification of Positive Result Without Interview Documentation [40.133]
MRO Cancellation of Adulterant/Substitution for Legitimate Reason Reports [40.145(g)(5)]
0
0
30
0
0
Employee Admission of Adulterating/Substituting Specimen MRO Determination [40.159(c)]
40
40
4
3
124
( printed page 70987)
Split Specimen Requests by MRO [40.171(c)]
1,708
10,943
4
730
34,018
Split Failure to Reconfirm for Drugs Reports by MRO [40.187(b)]
1,708
91
4
6
280
Split Failure to Reconfirm for Adulterant/Substitution Reports by MRO [40.187(c)]
7
7
5
1
47
Shy Bladder Physician Statements [40.193(f)]
1,708
701
5
58
2,703
MRO Statements Regarding Physical Evidence of Drug Use [40.195(b) & (c)]
Drug Test Correction Statements [40.205 (b)(1) & (2)]
25,000
142,028
8
18,937
882,464
Breath Alcohol Technician (BAT)/Screening Test Technician (STT) (Qualification and Refresher) Training Documentation [40.213(b)(c)&(e)]
2,000
2,000
4
133
6,213
BAT/STT Error Correction Training Documentation [40.213(f)]
10,000
167
4
12
559
Complete DOT Alcohol Testing Forms [40.225(a)]
10,000
3,357,739
8
447,699
20,862,773
Evidential Breath Testing Device Quality Assurance/Calibration Records [40.233(c)(4)]
10,000
10,000
4
667
31,082
Shy Lung Physician Statements [40.265(c)(2)]
144
144
4
10
466
Alcohol Test Correction Statements [40.271(b)(1)&(2)]
10,000
336
4
22
1,025
Substance Abuse Professional (SAP) (Qualification and Continuing Education) Training Documentation [40.281(c)&(d)]
5,998
3,334
4
222
10,345
Employer SAP Lists to Employees [40.287]
549,477
107,008
4
7,134
332,444
SAP Reports to Employers [40.311(c),(d) & (e)]
549,477
138,928
4
9,262
431,609
Correction Notices to Service Agents [40.373(a)]
25
25
60
25
1,660
Notice of Proposed Exclusion (NOPE) to Service Agents [40.375(a)]
1
1
600
10
664
Service Agent Requests to Contest Public Interest Exclusions (PIE) [40.379(b)]
1
1
1
1
66
Service Agent Information to Argue PIE [40.379(b)(2)]
1
1
240
4
266
Service Agent Information to Contest PIE [40.381(a) & (b)]
1
1
240
4
186
Notices of PIE to Service Agents [40.399]
1
1
60
1
66
Notices of PIE to Employer and Public [40.401 (b) & (d)]
1
1
60
1
66
Service Agent PIE Notices to Employers [40.403 (a)]
1
300
30
150
6,990
Total New
2,383,126
6,055,101
2,270
723,484
33,715,186
Public Comments Invited:
You are asked to comment on any aspect of this information collection, including (a) Whether the proposed collection of information is necessary for DOT's performance; (b) The accuracy of the estimated burden that the collection would impose on respondents; (c) Ways for the DOT to enhance the quality, utility and clarity of the information to be collected; and (d) Ways that the burden could be minimized without reducing the quality of the collected information. The agency will summarize or include your comments in the request for OMB's clearance of this information collection.
Use this for formal legal and research references to the published document.
91 FR 70985
Web Citation
Suggested Web Citation
Use this when citing the archival web version of the document.
“Agency Information Collection Activities: Requests for Comments; Clearance of a Renewed Approval of Information Collection(s): Procedures for Transportation Workplace Drug and Alcohol Testing Programs (ICR 2105-0529),” thefederalregister.org (November 9, 2026), https://thefederalregister.org/documents/2026-22814/agency-information-collection-activities-requests-for-comments-clearance-of-a-renewed-approval-of-information-collection.
www.regulations.gov
5 U.S.C. 553(c)
www.dot.gov/privacy
49 CFR part 40