Implementation Guidelines - Federal Transit Administration - U.S. ...

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Electronic access to this rule and other safety rules may be obtained through the
FTA Office of Safety and Security home page at http://transit-safety.volpe.dot.gov.
An electronic copy of this document may be downloaded, using a modem and
suitable communications software, from the Government Printing Office’s (GPO)
Electronic Bulletin Board Service at (202) 512-1661. Internet users may download this
document from the Federal Register’s homepage at http://www.nara.gov/fedreg and from
the GPO database at http://www.access.gpo.gov/nara.
Internet users can access all comments received by the U.S. DOT Dockets, Room
PL-401, via the Dockets Management System (DMS) on the DOT home page at
http://dms.dot.gov. The DMS is available 24 hours each day, 365 days each year. Please
follow the online instructions for more information and help.
Regulatory Information
On April 30, 2001, FTA published a notice of proposed rulemaking (NPRM)
proposing changes to conform its drug and alcohol testing regulation (49 CFR Part 655)
to the December 19, 2000 revision of DOT’s transportation workplace testing procedures
at 49 CFR Part 40. (66 FR 21551). While several of the amendments to Part 40 became
effective on January 18, 2001, the entire revised Part 40 will become effective on
August 1, 2001.
Generally, final rules must be published at least 30 days before their effective
dates. However, the Administrative Procedure Act (5 U.S.C. sec. 553(d)(3)) creates an
exception to this general rule on the basis of good cause found by the agency. FTA is
making this conforming rule effective immediately upon publication, rather than 30 days
from the date of publication in the Federal Register to ensure that FTA’s drug and
alcohol testing regulation is consistent with the Department’s Part 40 testing procedures,