In addition to consolidating the FTA drug and alcohol testing regulations (49 CFR Parts 653 and 654), incorporating 49 CFR Part 40, and proposing minor modifications to the regulation, the Part 655 NPRM also solicits information and input from covered employers on several major issues.

• First, FTA is requesting input from interested parties on the duties and responsibilities of dispatchers as they are performed at different transit systems. FTA is aware that the job title “dispatcher” is very widespread, but that job duties can vary significantly between employers. Therefore, FTA is seeking this information to determine whether the duties and responsibilities vary significantly enough to warrant modification of the current blanket rule.

• FTA is also seeking input on whether in multi-provider systems there is a difference between the patron choosing the provider (i.e., user-side subsidy systems) and the grantee or broker choosing the provider. FTA has historically acknowledged the practical difficulty of administering a drug and alcohol testing program to service providers in a user-side subsidy program where there are multiple service providers. FTA seeks input on whether this same practical difficulty exists when a broker chooses between a limited number of service providers.

• The NPRM also requests comments on access to facilities and records in relation to grantees and States that are attempting to exercise oversight responsibility on their subrecipients and safety-sensitive contractors. FTA is also seeking input on whether State or local regulatory agencies should have access to drug and alcohol testing results. Of special concern are State agencies that are responsible for issuing Commercial Driver’s Licenses. Similarly FTA seeks comments on whether employees should be permitted to release employer data from its drug and alcohol testing programs to local law enforcement officials.