Implementation Guidelines - Federal Transit Administration - U.S. ...
Implementation Guidelines - Federal Transit Administration - U.S. ... Implementation Guidelines - Federal Transit Administration - U.S. ...
654). It also conforms FTA’s drug and alcohol testing regulations with the Department’s drug and alcohol testing regulations (49 CFR Part 40), to which FTA grantees already are subject. C. Regulatory Flexibility Act In accordance with the Regulatory Flexibility Act (5 U.S.C. 601-612), FTA has made a preliminary assessment of the possible effects of the rule on small businesses. To the extent possible, FTA has made efforts to acknowledge the differences between small and large entities, and has endeavored to make accommodations when possible. Experience with Parts 653 and 654 has shown that the rule has had a significant impact on a substantial number of small entities. FTA believes that this new rule will provide greater clarity and ease of implementation for small entities. D. Paperwork Reduction Act This rule includes information collection requirements subject to the Paperwork Reduction Act of 1995 (PWRA) (44 U.S.C. 3501, et. seq.) The Office of Management and Budget has approved FTA’s PWRA request for Parts 653 and 654. This rule includes the same information collection devices; therefore, FTA believes it already has OMB approval. The Management Information System (MIS) forms currently required by Parts 653 and 654 may be modified in the future, but will continue to be required by FTA, without changes, under Part 655. E. Executive Order 13132 This action has been reviewed under Executive Order 13132 on Federalism. FTA has determined that this action has significant Federalism implications to warrant a 25
26 Federalism assessment. However, FTA has limited discretion because this rulemaking is mandated by Congress in the Omnibus Transportation Employee Testing Act of 1991. The 1991 legislation mandated FTA to issue regulations requiring grantees of funds under 49 U.S.C. 5307, 5309, and 5311, and 23 U.S.C. 103(e)(4) to test their safety- sensitive employees for the use of drugs and the misuse of alcohol in violation of law or Federal regulation. Before passage of the Omnibus Transportation Employee Testing Act of 1991, safety issues were largely handled as a local matter. This Act clarifies the Federal role by including specific Federal pre-emption language. This Act also makes it clear that, in the area of substance abuse testing, Federal regulations are to take precedence over any inconsistent State or local specifications. Although Congress has pre-empted State or local law, FTA has preserved the role of local entities in mass transit safety. This regulation does not disturb testing programs which were created by virtue of a grantee’s own authority and which are not inconsistent with this regulation. F. Other Executive Orders. There are a number of other Executive Orders that can affect rulemakings. These include Executive Orders 13084 (Consultation and Coordination with Indian Tribal Governments), 12988 (Civil Justice Reform), 12875 (Enhancing the Intergovernmental Partnership), 12630 (Governmental Actions and Interference with Constitutionally Protected Property Rights), 12898 (Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations), 13045 (Protection of Children from
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- Page 507 and 508: 49 CFR Part 655
- Page 509 and 510: 2 Electronic access to this rule an
- Page 511 and 512: duty and follow-up testing under sp
- Page 513 and 514: When the drug and alcohol rules ini
- Page 515 and 516: the consequences for prohibited dru
- Page 517 and 518: Labor unions: 3 Trade associations:
- Page 519 and 520: FTA Response. FTA opts not to inclu
- Page 521 and 522: Since each employer uses its own te
- Page 523 and 524: Most of the commenters to this sect
- Page 525 and 526: themselves that employees can succe
- Page 527 and 528: Several commenters responding to th
- Page 529 and 530: service providers and the employer.
- Page 531: esponsibility of FTA transit funds
- Page 535 and 536: Part 655 - Prevention of Alcohol Mi
- Page 537 and 538: 655.52 Substance abuse professional
- Page 539 and 540: (b) This part must be read in conju
- Page 541 and 542: (2) The volunteer performs a safety
- Page 543 and 544: Refuse to submit means any circumst
- Page 545 and 546: An employer must have an anti-drug
- Page 547 and 548: part. (c) Specific information conc
- Page 549 and 550: (5) Phencyclidine. (c) Consumption
- Page 551 and 552: concentration less than 0.04. This
- Page 553 and 554: §655.43 Reasonable suspicion testi
- Page 555 and 556: 48 the reasons the alcohol test was
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- Page 571 and 572: equired to be maintained by this pa
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654). It also conforms FTA’s drug and alcohol testing regulations with the<br />
Department’s drug and alcohol testing regulations (49 CFR Part 40), to which FTA<br />
grantees already are subject.<br />
C. Regulatory Flexibility Act<br />
In accordance with the Regulatory Flexibility Act (5 U.S.C. 601-612), FTA has<br />
made a preliminary assessment of the possible effects of the rule on small businesses.<br />
To the extent possible, FTA has made efforts to acknowledge the differences between<br />
small and large entities, and has endeavored to make accommodations when possible.<br />
Experience with Parts 653 and 654 has shown that the rule has had a significant impact<br />
on a substantial number of small entities. FTA believes that this new rule will provide<br />
greater clarity and ease of implementation for small entities.<br />
D. Paperwork Reduction Act<br />
This rule includes information collection requirements subject to the Paperwork<br />
Reduction Act of 1995 (PWRA) (44 U.S.C. 3501, et. seq.) The Office of Management<br />
and Budget has approved FTA’s PWRA request for Parts 653 and 654. This rule<br />
includes the same information collection devices; therefore, FTA believes it already has<br />
OMB approval. The Management Information System (MIS) forms currently required<br />
by Parts 653 and 654 may be modified in the future, but will continue to be required by<br />
FTA, without changes, under Part 655.<br />
E. Executive Order 13132<br />
This action has been reviewed under Executive Order 13132 on <strong>Federal</strong>ism. FTA<br />
has determined that this action has significant <strong>Federal</strong>ism implications to warrant a<br />
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