Administrative Update: Federal Register Notice FMCSA Drug and Alcohol Clearinghouse System of Records. The Federal Motor Carrier Safety Administration (FMCSA) works to prevent deaths and injuries related to commercial motor vehicles. FMCSA proposes to extend the compliance date for the requirement established by the Commercial Driver’s License Drug and Alcohol Clearinghouse final rule that states request information from the clearinghouse before completing certain commercial driver's license (CDL) transactions. The State’s compliance with the requirement, currently due to begin on the 6th January 2020, would be delayed until the 6th January 2023. This proposal would, however, allow States the option to voluntarily request clearinghouse information beginning on 6th January 2020. The proposal delay of the State query requirement would have no impact on highway safety. The compliance date of 6th January 2020 would remain in place for all the requirements outlined in the Clearinghouse rule. Department of Transportation Federal Motor Carrier Safety Administration [Docket Number: DOT-OST-2019-0137] Privacy Act of 1974: Department of Transportation, Federal Motor Carrier Safety Administration; DOT/FMCSA 010 Drug and Alcohol Clearinghouse https://www.govinfo.gov/content/pkg/FR-2019-10-22/pdf/2019-22915.pdf Once we provide background information of the FMCSA Drug and Alcohol Clearinghouse, the Notice describes and proposes three additional “Routine Uses” or ways and to whom the information in the FMCSA Clearinghouse https://clearinghouse.fmcsa.dot.gov may be shared. These “Routine Uses” are proposed in addition to the general routine uses applicable to all DOT systems of records described in the given Notice. The three additional proposed “Routine Uses” include the following. They are described further and justified clearly in the Notice. 1. Allow the sharing of driver eligibility and compliance data with Motor Carrier Safety Assistance Program (MCSAP) partner agencies, for use during investigations, roadside inspections and compliance reviews of the motor carrier. 2. Allow the sharing of driver’s CMV operating status (prohibited or not prohibited) in response to mandatory queries conducted by a State Driver’s Licensing Agency (SDLA) anytime a CDL is issued, renewed, upgraded, or transferred. 3. Allow the National Transportation Safety Board (NTSB) upon request, to receive information on a driver who is involved in a crash under investigation by the NTSB (as obligatory by 49 USC 31306a (i)). As per the Notice and relative to the Privacy Act a “System of Records” is explained as follows on page 56523 of the Federal Register Notice.
Background The Clearinghouse final rule implemented the Congressional mandate, outlined in section 32402 of MAP-21, requiring the establishment of national Drug and Alcohol Clearinghouse containing CDL holder’s violations of FMCSA’s Drug and Alcohol Testing Regulations outlined in 49 CFR part 382. The Clearinghouse regulations, which is commencing on 6 th January 2020, will enable FMCSA and motor carrier employers to identify drivers who are under 49 CFR 382.501(a), are prohibited from operating a CMV due to drug and alcohol program violations. MAP-21 required that SDLA’s be provided access to the Clearinghouse records of individuals applying for a CDL to determine whether they are qualified to operate a CMV and that SDLA’s request information from the Clearinghouse before renewing or issuing a CDL to an individual. FMCSA incorporated these statutory requirements into the Clearinghouse final rule. Subsequently, the American Association of Motor Vehicle Administrators (AAMVA), a trade association representing driver licensing authorities from the 50 States and the District of Columbia, asserted that the final rule failed to address various operational issues related to the States’ role in the Clearinghouse. Few of the queries by AAMVA raised were:
What does FMCSA intend that the States do with the information they received from the Clearinghouse? What specific information would States receive in response to a request for information about an individual CDL holder or applicant? What privacy and data controls will be applied to the transmission of Clearinghouse information to SDLA’s and how would an erroneous Clearinghouse record be corrected? What are the cost implications for the SDLA’s?
International Impacts The FMCSR’s and any expectations to the FMCSR’s, apply within the United States. Motor carriers and drivers are subject to the laws and regulations of the Countries that they operate in. Drivers and carriers should be aware of the regulatory differences amongst Nations. Privacy Act The Privacy Act governs how the Federal Government agencies collect, maintain, use, and disseminate individual’s records. The Privacy Act applies to information that is maintained in a “System of Records”. A “System of Records” is a group of any records under the control of an agency from which information is fetched by the name of an individual or by some identified number, symbol, or other identifying particular assigned to the individual. The privacy Acts extends rights and precautions to the individuals who are U.S. citizens and unlawful permanent residents. Moreover, the Judicial Redress Act (JRA) provides a covered person with a statutory right to
make requests for access and amendment to covered records as defined by the JRA, along with judicial review for denials of such requests. Besides, the JRA prohibits disclosures of covered records, except as otherwise permitted by the Privacy Act.
The Notice briefs the description of the Clearinghouse System of Records and includes the following information:
SYSTEM NAME AND NUMBER: DOT FMCSA 010 – Commercial Driver’s License Drug and Alcohol Clearinghouse SECURITY CLASSIFICATION SYSTEM LOCATION SYSTEM MANAGER(S) AUTHORITY FOR MAINTENANCE OF THE SYSTEM PURPOSE(S) OF THE SYSTEM CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM CATEGORIES OF RECORDS IN THE SYSTEM RECORD SOURCE CATEGORIES ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES OF USERS AND PURPOSE(S) OF SUCH USER(S) DEPARTMENT GENERAL ROUTINE USES POLICIES AND PRACTICES FOR STORAGE OF RECORDS POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS RECORD ACCESS PROCEDURES CONTESTING RECORD PROCEDURES NOTIFICATION PROCEDURES EXEMPTIONS PROMULGATED FOR THE SYSTEM HISTORY
Users of Clearinghouse should consider:
Reviewing this Notice with their legal counsel to understand the proposed system of records. Determine if and how the Notice may impact their obligations under the FMCSA Clearinghouse.
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