[Federal Register: April 22, 2002 (Volume 67, Number 77)]
[Notices]               
[Page 19615-19616]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr22ap02-117]                         

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DEPARTMENT OF TRANSPORTATION

Federal Transit Administration

 
Notice for Ferryboat Operators that Receive Federal Transit 
Funds.

ACTION: Notice of interpretation.

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SUMMARY: The Federal Transit Administration (FTA) is eliminating 
duplicative controlled substance and alcohol misuse testing 
requirements for ferry operations that receive Federal transit funding 
under 49 U.S.C. 5307, 5309, or 5311. Those ferry operations that are 
simultaneously subject to FTA drug and alcohol regulations at 49 CFR 
part 655 and U.S. Coast Guard (USCG) chemical testing regulations at 46 
CFR parts 4 and 16 and alcohol testing requirements at 46 CFR subpart 
4.06 and 33 CFR part 95 will be deemed in concurrent compliance with 
the testing requirements of 49 CFR part 655 when they comply with the 
USCG's chemical and alcohol testing requirements. However, those ferry 
operations will remain subject to FTA's random alcohol testing 
requirement because the USCG does not have a similar requirement.

DATES: This notice is effective April 22, 2002.

FOR FURTHER INFORMATION PLEASE CONTACT: For questions regarding this 
notice, contact Mark Snider, Office of Safety and Security, telephone 
202-366-1080, fax 202-366-7951, or Bruce Walker, Office of the Chief 
Counsel, telephone 202-366-4011, fax 200-366-3809, FTA, 400 Seventh 
Street, SW., Washington, DC 20590.

[[Page 19616]]


SUPPLEMENTARY INFORMATION:
    FTA and the USCG are modal administrations of the U.S. Department 
of Transportation (DOT) and each is required to issue drug and alcohol 
regulations with which ferryboat systems must comply. Many of the 
testing requirements are substantially similar; however, the USCG does 
not have a requirement for random alcohol testing. Since the USCG has 
oversight over maritime operations, including ferryboats, it is prudent 
to eliminate duplicative drug and alcohol testing requirements by two 
DOT modal administrations.
    FTA has determined that ferry operations that receive Federal 
transit funds and comply with the USCG chemical testing and alcohol 
testing requirements at 46 CFR parts 4 and 16, and 33 CFR part 95 will 
be in concurrent compliance with the controlled substance testing 
requirements of 49 CFR part 655. The ferry operators will also be in 
concurrent compliance with most of FTA's alcohol testing requirements; 
however, they are required to continue to comply with FTA's random 
alcohol testing requirements under 49 CFR part 655.45 because random 
alcohol testing is a statutory requirement for FTA recipients, and the 
USCG does not have a substantially similar provision.
    Failure to comply with the USCG's chemical testing regulations may 
result in an FTA determination of noncompliance with 49 CFR part 655, 
which can lead to the suspension of eligibility for Federal transit 
funding. Subpart G of 49 CFR part 655 will also be applicable to a 
covered employee (1) with a verified positive drug test result, (2) who 
has a confirmed alcohol test result of 0.04 or greater, or (3) who 
refuses to submit to a test. It is important to note that FTA's 
interpretive guidance permits the relevant Coast Guard testing 
requirements to satisfy FTA testing requirements; however, FTA is not 
waiving regulatory authority over ferry operators that receive Federal 
transit funds.

    Issued on: April 14, 2002.
Jennifer L. Dorn,
Administrator, Federal Transit Administration.
[FR Doc. 02-9776 Filed 4-19-02; 8:45 am]
BILLING CODE 4910-57-P