|
PROPOSED REGULATORY CHANGES |
FTA Drug and Alcohol Regulation Updates Issue 32, page 3 |
|
NPRM Proposes Codification of Coast Guard Rule Applicability On April 22, 2002, FTA published a Notice of Interpretation in the Federal Register that changed the applicability of the FTA Drug and Alcohol Testing Regulations to FTA-funded ferry boat operators. Previously, public transit ferry operators were required to comply with both the FTA and the U. S. Coast Guard (USCG) regulations. The interpretation stated that FTA-funded ferry operations that comply with the relevant USCG drug and alcohol testing regulations were to be deemed in concurrent compliance with the FTA drug testing regulations. Since the USCG does not have a random alcohol testing provision that is similar to FTA’s, the ferry operators were still required to comply with FTA’s random alcohol testing requirements as defined in Section 655.45. On June 5, 2006, FTA published a Notice of Proposed Rulemaking (NPRM) that proposes to codify this interpretation in the regulation (Volume 71, Number 107, pages 32298-32300). Comments regarding this NPRM must be received on or before August 4, 2006 following procedures outlined below. The Docket Number is FTA-2006-24592 and Regulatory Identification Number is 2132-AA86. If a ferry boat operator fails to be in compliance with the USCG testing regulations (46 CFR Part 4 and 16, and 33 CFR Part 95) or the FTA random alcohol testing regulations, the operator will be in non-compliance with 49 CFR Part 655. The employee is also subject to FTA consequences defined in Subpart G of the FTA regulations. The employer is responsible for the administrative and compliance certification requirements defined in Subparts H and I of the FTA regulations. Docket Comment Procedure Written comments should be submitted to the Docket Management System, U.S. Department of Transportation, Room PL-401, 400 Seventh Street, SW., Washington, DC 20590-0001. You may also submit comments online at www.regulations.gov or on the DOT electronic docket web site at dms.dot.gov. Faxes will be received at (202) 493-2478. Hand delivered copies will be accepted between 9 a.m. and 5 p.m., weekdays. All submissions must include the agency name and docket number for this notice. For more information, contact Jerry Powers of the Office of Safety and Security at (202) 366-1080. New Freedom and JARC Guidance Coming Soon The Job Access and Reverse Commute (JARC) program provides funding for local programs that offer job access and reverse commute services to provide transportation for low income individuals who may live in the city core and work in suburban locations. Formerly, JARC was a discretionary program that was subject to all of the terms and conditions of a grant made under Section 5307 including drug and alcohol testing (see Updates, Issue 13, page 1). In its new form, the JARC program is a formula program codified in Section 5316 of Title 49 of the United States Code. Similarly, the New Freedom Program is also a new formula-based funding program codified in Section 5317 of Title 49 of the United States Code. This program is designed to encourage services and facility improvements to address the transportation needs of persons with disabilities that go beyond those required by the Americans with Disabilities Act. The applicability of the FTA Drug and Alcohol Testing regulations to these new programs is currently under review by FTA and guidance will be reflected in the JARC and New Freedom program circulars due for publication in the near future. |
Where To Find?..... 49 CFR Part 40, Procedures for Transportation Workplace Drug Testing Programs Revised: December 19, 2000 Federal Register Vol. 65, Pages 79462-79579. Primary Topic: Procedures for Transportation Workplace Drug and Alcohol Testing Program Revised Final Rule (49 CFR Part 40) July 25, 2003 Federal Register 68 Pages 43946-43964 Primary Topic: One Page MIS Form January 22, 2004 Federal Register Vol. 69 Pages 3021-3022 Primary Topic: Expand List of SAPS Technical Amendments: August 1, 2001 Federal Register Vol. 66 Pages 41943-41955 Primary Topic: Clarifications and Collections to Part 40; Common Preamble to Modal Rules Interim Final Rule November 9, 2004 Federal Register Vol. 69 Pages 64865-64868 Primary Topic: Specimen Validity Testing
|