106732 Federal Register / Vol. 89, No. 249 / Monday, December 30, 2024 / Notices 

DEPARTMENT OF TRANSPORTATION 

Federal Transit Administration 

[FTA Docket No. FTA 2024–0019] 

Agency Information Collection Activity 

Under OMB Review: Transit COVID–19 

Response Program 

AGENCY: Federal Transit Administration, 

Department of Transportation (DOT). 

ACTION: Notice of request for comments. 

SUMMARY: In compliance with the 

Paperwork Reduction Act of 1995, this 

notice announces that the Information 

Collection Requirements (ICRs) 

abstracted below have been forwarded 

to the Office of Management and Budget 

(OMB) for review and comment. The 

ICR describe the nature of the 

information collection and their 

expected burdens. 

DATES: Comments must be submitted on 

or before January 29, 2025. 

ADDRESSES: Written comments and 

recommendations for the proposed 

information collection should be sent 

within 30 days of publication of this 

notice to https://www.reginfo.gov/ 

public/do/PRAMain. Find this 

particular information collection by 

selecting ‘‘Currently under Review— 

Open for Public Comments’’ or by using 

the search function. 

Comments are Invited On: Whether 

the proposed collection of information 

is necessary for the proper performance 

of the functions of the Department, 

including whether the information will 

have practical utility; the accuracy of 

the Department’s estimate of the burden 

of the proposed information collection; 

ways to enhance the quality, utility, and 

clarity of the information to be 

collected; and ways to minimize the 

burden of the collection of information 

on respondents, including the use of 

automated collection techniques or 

other forms of information technology. 

A comment to OMB is best assured of 

having its full effect if OMB receives it 

within 30 days of publication of this 

notice in the Federal Register. 

FOR FURTHER INFORMATION CONTACT: Tia 

Swain, Office of Administration, 

Management Planning Division, 1200 

New Jersey Avenue SE, Mail Stop TAD– 

10, Washington, DC 20590 (202) 366– 

0354 or tia.swain@dot.gov. 

SUPPLEMENTARY INFORMATION: The 

Paperwork Reduction Act of 1995 

(PRA), Public Law 104–13, section 2, 

109 Stat. 163 (1995) (codified as revised 

at 44 U.S.C. 3501–3520), and its 

implementing regulations, 5 CFR part 

1320, require Federal agencies to issue 

two notices seeking public comment on 

information collection activities before 

OMB may approve paperwork packages. 

44 U.S.C. 3506, 3507; 5 CFR 1320.5, 

1320.8(d)(1), 1320.12. On October 24, 

2024, FTA published a 60-day notice 

(89 FR 85000) in the Federal Register 

soliciting comments on the ICR that the 

agency was seeking OMB approval. FTA 

received (1) comment after issuing this 

60-day notice. Accordingly, DOT 

announces that these information 

collection activities have been reevaluated and certified under 5 CFR 

1320.5(a) and forwarded to OMB for 

review and approval pursuant to 5 CFR 

1320.12(c). 

Before OMB decides whether to 

approve these proposed collections of 

information, it must provide 30 days for 

public comment. 44 U.S.C. 3507(b); 5 

CFR 1320.12(d). Federal law requires 

OMB to approve or disapprove 

paperwork packages between 30 and 60 

days after the 30-day notice is 

published. 44 U.S.C. 3507 (b)–(c); 5 CFR 

1320.12(d); see also 60 FR 44978, 44983. 

OMB believes that the 30-day notice 

informs the regulated community to file 

relevant comments and affords the 

agency adequate time to digest public 

comments before it renders a decision. 

60 FR 44983. Therefore, respondents 

should submit their respective 

comments to OMB within 30 days of 

publication to best ensure having their 

full effect. 5 CFR 1320.12(c); see also 60 

FR 44983. 

The summaries below describe the 

nature of the information collection 

requirements (ICRs) and the expected 

burden. The requirements are being 

submitted for clearance by OMB as 

required by the PRA. 

Title: Transit COVID–19 Response 

Program. 

OMB Control Number: 2132–0581. 

Background: In accordance with the 

Paperwork Reduction Act (PRA) of 

1995, the Federal Transit 

Administration (FTA) is requesting a 

three-year approval without change of 

an existing information collection from 

the Office of Management and Budget 

(OMB). Although the Public Health 

Emergency for the COVID–19 pandemic 

ended in May 2023 and the FTA 

discontinued COVID–19 reporting 

requirements in September 2022, the 

FTA is seeking to renew this 

information collection to ensure that an 

existing framework can be readily 

updated to address future health 

emergencies. This renewal would allow 

the FTA to respond more swiftly to 

future public health emergencies by 

gathering data on their impact on the 

transit industry. 

FTA began collecting monthly data in 

April 2021 related to impacts from the 

coronavirus disease 2019 (COVID–19) 

on public transportation agencies, 

including transit workforce counts; 

transit service levels; counts of COVID– 

19 positives, fatalities, recoveries, and 

unvaccinated employees; whether or not 

a transit agency has implemented the 

U.S. Centers for Disease Control and 

Prevention (CDC) Order and 

Transportation Security Administration 

(TSA) Security Directive requiring 

workers and passengers to wear masks; 

and whether or not the agency used 

FTA funds to support vaccine access 

services. FTA used this data to inform 

FTA’s COVID–19 response and recovery 

actions, including monitoring of safety 

measures and impacts, development of 

technical assistance and safety 

advisories, monitoring use of FTA grant 

funds to address COVID–19 

considerations, and monitoring 

compliance with Federal requirements. 

Current Action: Extension without 

change of a currently approved 

collection. 

Respondents: Recipients and subrecipients of FTA funds under the 

Urbanized Area Formula Funding 

program or the Formula Grants for Rural 

Areas program that operate transit 

systems or pass-through funds to subrecipients that operate transit systems. 

Recipients of FTA funds under the 

Enhanced Mobility of Seniors and 

Individuals with Disabilities program 

were requested to provide this 

information on a voluntary basis. 

Estimated Total Annual Respondents: 

2,390. 

Estimated Annual Total Responses: 

28,680. 

Estimated Annual Burden Hours on 

Respondents: 10,356. 

Frequency: As needed. 

Kusum Dhyani, 

Director, Office of Management Planning. 

[FR Doc. 2024–31194 Filed 12–27–24; 8:45 am] 

BILLING CODE 4910–57–P 

DEPARTMENT OF TRANSPORTATION 

Federal Transit Administration 

[Docket No. FTA–2024–0020] 

Notice of Proposed Policy Statement 

Regarding the Applicability of FTA’s 

Drug and Alcohol Testing Program to 

Transportation Network Companies 

AGENCY: Federal Transit Administration 

(FTA), Department of Transportation 

(DOT). 

ACTION: Notice; request for comments. 

SUMMARY: This notice proposes to clarify 

FTA’s policy on the applicability of 


ddrumheller on DSK120RN23PROD with NOTICES1
Federal Register / Vol. 89, No. 249 / Monday, December 30, 2024 / Notices 106733 

FTA’s drug and alcohol testing program 

to transportation network companies. 

FTA proposes to update the Shared 

Mobility frequently asked questions, 

published in 2016 on FTA’s website, to 

correct an error that has resulted in the 

misapplication of what is commonly 

known as the taxicab exception and 

clarify when the exception applies. FTA 

seeks comment from all interested 

parties. After review and consideration 

of the comments, FTA will issue a final 

notice announcing the policy statement 

and the revised FAQs. 

DATES: Comments must be received by 

February 13, 2025. Late-filed comments 

will be considered to the extent 

practicable. 

ADDRESSES: Please submit all comments 

electronically to the Federal 

eRulemaking Portal. Go to https://

www.regulations.gov and follow the 

instructions for submitting comments. 

Instructions: All submissions must refer 

to the Federal Transit Administration 

and the docket number of this notice. 

Note that all submissions received, 

including any personal information 

provided, will be posted without change 

and will be available to the public on 

https://www.regulations.gov. You may 

review DOT’s complete Privacy Act 

Statement in the Federal Register 

published April 11, 2000 (65 FR 19477), 

or at https://www.transportation.gov/ 

privacy. 

FOR FURTHER INFORMATION CONTACT: For 

legal questions, Emily Jessup, AttorneyAdvisor, (202) 366–8907, or 

Emily.Jessup@dot.gov. For program 

questions, Iyon Rosario, Sr. Drug and 

Alcohol Program Manager, (202) 366– 

2010, or Iyon.Rosario@dot.gov. 

SUPPLEMENTARY INFORMATION: 

I. Introduction 

As transit agencies increasingly 

partner with transportation network 

companies (TNCs) to provide service, 

FTA is responding regularly to inquiries 

regarding whether and when FTA’s 

Drug and Alcohol rule applies. 

As required by Federal transit law at 

49 U.S.C. 5331 and FTA’s Drug and 

Alcohol rule at 49 CFR part 655, 

recipients of funding under FTA’s 

Urbanized Area Formula Program, 

Capital Investment Grants Program, and 

Rural Areas Formula Program (49 U.S.C. 

5307, 5309, and 5311, respectively) 

must establish and implement drug and 

alcohol testing programs for employees 

and contractors that are designed to 

help prevent accidents, injuries, and 

fatalities resulting from the misuse of 

alcohol and use of prohibited drugs by 

personnel who perform safety-sensitive 

functions, including vehicle operators. 

These testing requirements apply to 

contractors who perform a safetysensitive function for an FTA recipient, 

even if the service the contractor 

provides is not federally funded. This 

includes drivers of taxicabs and 

transportation network companies 

(TNCs) who perform the safety-sensitive 

function of operating a revenue service 

vehicle under contract with transit 

agencies. 

Specifically, 49 U.S.C. 5331 provides, 

in relevant part: 

(b) Testing Program for Public 

Transportation Employees.— 

(1)(A) In the interest of public 

transportation safety, the Secretary shall 

prescribe regulations that establish a program 

requiring public transportation operations 

that receive financial assistance under 

section 5307, 5309, or 5311 of this title to 

conduct preemployment, reasonable 

suspicion, random, and post-accident testing 

of public transportation employees 

responsible for safety-sensitive functions (as 

decided by the Secretary) for the use of a 

controlled substance in violation of law or a 

United States Government regulation, and to 

conduct reasonable suspicion, random, and 

post-accident testing of such employees for 

the use of drugs and alcohol in violation of 

law or a United States Government 

regulation. The regulations shall permit such 

operations to conduct preemployment testing 

of such employees for the use of drugs and 

alcohol. 

This language has remained 

substantively unchanged since 1991. 

FTA applies the statute to all services of 

recipients of sections 5307, 5309, and 

5311, including their subrecipients and 

contractors. 

FTA’s Drug and Alcohol rule, 49 CFR 

part 655, provides in relevant part: 

§ 655.3 Applicability. 

(a) Except as specifically excluded in 

paragraphs (b) [FRA], and (c) [USCG] of this 

section, this part applies to: 

(1) Each recipient and subrecipient 

receiving Federal assistance under 49 U.S.C. 

5307, 5309, or 5311; and (2) Any contractor 

of a recipient or subrecipient of Federal 

assistance under 49 U.S.C. 5307, 5309, 5311. 

§ 655.4 Definitions. 

Contractor means a person or organization 

that provides a safety-sensitive service for a 

recipient, subrecipient, employer, or operator 

consistent with a specific understanding or 

arrangement. The understanding can be a 

written contract or an informal arrangement 

that reflects an ongoing relationship between 

the parties. 

Covered employee means a person, 

including an applicant or transferee, who 

performs or will perform a safety-sensitive 

function for an entity subject to this part. 

Employer means a recipient or other entity 

that provides public transportation service or 

which performs a safety sensitive function 

for such recipient or other entity. This term 

includes subrecipients, operators, and 

contractors. 

Safety-sensitive function means any of the 

following duties, when performed by 

employees of recipients, subrecipients, 

operators, or contractors: 

(1) Operating a revenue service vehicle, 

including when not in revenue service[.] 

* * * 

As transit-TNC service partnerships 

have become more prominent, questions 

have arisen over the applicability of 

what is generally known as the ‘‘taxicab 

exception.’’ Further, as explained in 

detail in Section III of this notice, an 

error in one of FTA’s current Shared 

Mobility FAQs has contributed to the 

exception being implemented in a way 

inconsistent with the original intent of 

the taxicab exception. FTA is proposing 

this update and clarification to the 

FAQs in response to these inquiries, as 

well as to correct the error, to ensure 

recipients and TNCs have a better 

understanding of when the Drug and 

Alcohol rule applies and when it does 

not. 

The taxicab exception is based on a 

lack of contractual or informal 

arrangement between the transit agency 

and taxicab company and who controls 

the selection of the company/driver 

providing the trip. In 1994, when the 

exception was issued, many taxicab 

drivers were independent operators, 

providing service to any individual who 

hailed them from the curb. The 

selection was random and nonpredictable, with the rider flagging 

down the next taxicab that appeared. 

Because of this randomness, it would 

have been impractical for the transit 

agency to require all the local taxicab 

drivers to take a ‘‘pre-employment’’ test 

or be part of its random testing pool if 

there was even a slight possibility that 

a rider might hail them using transitagency issued scrip or vouchers. 

However, if the transit agency 

contracted with a taxicab company, or if 

there were only one or two taxicab 

companies providing service in the area, 

then the transit agency could establish 

a known pool of participating drivers 

and include the drivers in the agency’s 

testing program. 

A rider-initiated vehicle selection via 

a rider-controlled app, such as for first 

mile-last mile service with TNCs, is 

today’s functional equivalent of a streetcorner or curbside flag-down of a 

taxicab. A TNC driver providing service 

to the general public has no expectation 

they will be selected for a transit agency 

subsidized trip when they are selected 

by the app, and where there are two or 

more providers, the transit agency has 

little or no control over the rider’s 

selection of a company/driver. In 

contrast, in situations where the rider 

contacts a transit agency to schedule a 


ddrumheller on DSK120RN23PROD with NOTICES1
106734 Federal Register / Vol. 89, No. 249 / Monday, December 30, 2024 / Notices 

1 59 FR 7531; 49 CFR parts 653 and 654, replaced 

with part 655 in 2001 (66 FR 41996). 

2 59 FR 7531 at 7542 and 7582, Feb. 15, 1994. 3 66 FR 41996, Aug. 9, 2001. 

ride, and the agency has either preapproved one or more providers or 

created a pool of designated drivers, 

such as for ADA paratransit trips where 

an agency uses taxicabs or TNCs, the 

transit agency has a demonstrable 

measure of control over the selection of 

the company/driver and therefore has 

the ability to include those drivers 

within its testing program in the interest 

of public safety. 

II. Background 

Subsequent to passage of the Omnibus 

Transportation Employee Testing Act of 

1991 (Pub. L. 102–143, codified at 49 

U.S.C. 5331), FTA issued its first round 

of drug and alcohol abuse prevention 

rules on February 15, 1994.1 In the 

preambles, the final rules said this about 

taxicabs providing service for or on 

behalf of transit agencies: 

User-side subsidies. A user-side subsidy 

refers to the practice of providing passengers 

publicly subsidized scrip or vouchers, which 

the passenger then uses to pay for 

transportation from a private carrier such as 

a taxicab company. In essence, a recipient 

provides transportation services indirectly 

through such subsidies. The regulation 

applies to certain recipients of FTA funding, 

and to transit operators providing service 

under contract or other arrangements with 

those recipients. To the extent that a taxi 

operator does not provide service under an 

arrangement with an FTA recipient but is 

chosen at random by the passenger, it would 

not be subject to the rule. If, however, the 

taxicab company or private operator does 

provide service under an arrangement with 

an FTA recipient, it is covered by the rule as 

a contractor, as defined by the rule. In such 

cases, the taxi company may wish to 

designate only certain drivers to provide 

such service, in which case only those 

designated drivers would be subject to the 

rule’s drug and alcohol testing program.2

The distinction between contracting 

with a taxi company to provide service 

as opposed to merely providing 

vouchers without any sort of contract or 

arrangement arises, at least in part, from 

the legislative history of the Omnibus 

Transportation Employee Testing Act, 

which includes the following floor 

statement: 

Drug and alcohol-testing requirements 

must not be circumvented through 

contracting out of work. Safety-sensitive 

employees of recipients of the Federal transit 

grant money identified in the bill, and those 

safety-sensitive employees working for 

contractors of such recipients must be 

covered exactly to the same extent and in the 

same fashion. I know that I speak for all 

conferees when I say that we will not tolerate 

a situation where employees performing 

substantially the same safety-sensitive 

function are covered or not covered 

depending on whether they work directly for 

a public authority or an outside contractor. 

137 Cong Rec. S14766 (daily ed. Oct. 16, 

1991). (Statement of Sen. D’Amato). 

This statement demonstrates 

congressional intent to include in the 

testing program contractors who are 

performing the same work as a transit 

agency employee. 

Since the issuance of those first drug 

and alcohol rules, FTA has consistently, 

as a matter of policy, indicated that the 

drug and alcohol rules do not apply 

when the transit agency has no 

contractual or informal arrangement 

with local taxicab companies, the transit 

agency provides user-side subsidies in 

the form of scrip or vouchers, and the 

passenger chooses among more than two 

taxicab companies to provide a trip. The 

2016 FAQs changed this to ‘‘two or 

more’’ for added flexibility. Prior to the 

availability of TNCs, such arrangements 

were for incidental use that supports 

public transportation, such as 

guaranteed ride home programs. 

Thus, the exception is based on who 

controls the selection of the company/ 

driver providing each trip; only when 

there is no contract or informal 

arrangement for service between the 

transit agency and the taxicab company 

or TNC, and the passenger selects the 

provider for each trip, does the Drug 

and Alcohol rule not apply. 

In the preamble to the 2001 Drug and 

Alcohol final rule, FTA stated, 

FTA policy continues to recognize the 

practical difficulty of administering a drug 

and alcohol testing program to taxi 

companies that only incidentally provide 

transit service. Therefore, the drug and 

alcohol testing rules apply when the transit 

provider enters into a contract with one or 

more entities to provide taxi service. The 

rules do not apply when the patron (using 

subsidized vouchers) selects the taxi 

company that provides the transit service. 

This guidance reflects the FTA Master 

Agreement, which requires recipients to 

include appropriate clauses in third party 

contracts requiring contractors to comply 

with applicable Federal requirements. It also 

recognizes the practical difficulty of 

administering a drug and alcohol testing 

program to entities that only incidentally 

provide taxi service on behalf of a 

transportation service provider.3

III. Current Implementation 

As stated above, a rider-initiated 

vehicle selection via a rider-controlled 

app, such as for first mile-last mile 

service with TNCs, is today’s functional 

equivalent of a street-corner or curbside 

flag-down of a taxicab. In such 

instances, when the rider selects the 

provider and the transit agency has no 

control over the selection, the Drug and 

Alcohol rule does not apply. However, 

the use of TNCs has gone beyond 

‘‘incidental’’ support of public 

transportation with first mile-last mile 

and guaranteed ride home programs to 

regularly supplementing or replacing 

public transportation service. For 

example, many transit agencies are 

contracting with TNCs to provide sameday ADA paratransit trips and are not 

including TNC drivers in an FTA/DOTapproved testing program. Other 

agencies are canceling late-night fixed 

route service and contracting with TNCs 

for demand-responsive service or 

adding new demand-responsive service 

provided by taxicabs or TNCs and not 

including those drivers in the agency’s 

testing program. This exclusion means 

passengers are exposed to drivers who 

are not subject to drug and alcohol 

testing, raising safety concerns. Because 

in these situations, the taxicabs/TNCs 

are supplementing or replacing transit 

service and have some sort of 

contractual or informal arrangement 

with the transit agency, the taxicab 

companies or TNCs should be 

identifying an established group of 

drivers for these arrangements, and the 

drivers should be included in the transit 

agency’s drug and alcohol testing 

program, or an FTA/DOT-compliant 

testing program conducted by the 

taxicab company or TNC. 

In 2016, FTA published Shared 

Mobility Frequently Asked Questions 

(FAQs) on the applicability of the Drug 

and Alcohol rule to TNCs. One of those 

questions included an erroneous answer 

that has resulted in numerous transit 

agencies incorrectly concluding that the 

Drug and Alcohol rule does not apply 

under various scenarios where there is 

a contractual relationship between the 

transit agency and one or more TNCs. 

While the transportation industry has 

evolved beyond hailing taxicabs on the 

corner, the basis for the inapplicability 

of the Drug and Alcohol rule to some 

taxicab and TNC operations that provide 

transit agency-subsidized trips remains 

the same: a lack of a contractual or 

informal arrangement between the 

transit agency and the TNC or taxicab 

operator, and the randomness of the 

customer choosing the provider for each 

trip. 

1. Lack of Contractual Relationship 

In 2016, TNCs were starting up and 

partnering with transit agencies to 

provide first mile-last mile and sameday ADA paratransit service. Many 

transit agencies using TNCs for sameday ADA paratransit or other ondemand service entered into contracts 


ddrumheller on DSK120RN23PROD with NOTICES1
Federal Register / Vol. 89, No. 249 / Monday, December 30, 2024 / Notices 106735 

4See https://www.transit.dot.gov/regulations-andguidance/shared-mobility-faqs-controlledsubstance-and-alcohol-testing-requirements. 

or informal arrangements with TNCs to 

provide the service. 

FTA developed FAQs related to the 

eligibility of such services, requirements 

related to the ADA, and FTA’s 

controlled substance and alcohol testing 

requirements.4

One of the FAQs included an 

erroneous answer: 

Question: Does the taxicab exception apply 

to ridesourcing companies? 

Answer: It depends. The rationale for the 

taxicab exception is the same for 

ridesourcing companies when a public 

transit agency has a contractual or informal 

arrangement with two or more ridesourcing 

companies or taxicab companies to provide 

a specific service or type of service, and the 

public transit passenger chooses among the 

providers. In this case, the public transit 

agency would have to contract with at least 

two ridesourcing companies and/or taxicab 

companies to ensure the passenger has a 

choice of which provider to contact for a 

ride. 

There may be some situations in which a 

public transit agency contracts with two or 

more ridesourcing companies as well as one 

or more taxicab companies in order to ensure 

the service is available for all passengers. For 

example, the taxicab company may be the 

only contractor with accessible vehicles, or 

may be the only contractor able to schedule 

trips over the phone or accept cash payment 

from passengers. While some passengers may 

have only one choice, this does not change 

the fact that many passengers will have more 

than one choice, and so the taxicab exception 

will apply to all of the providers. 

The answer should read, ‘‘a public 

transit agency does not have a 

contractual or informal arrangement 

. . .’’ but instead reads, ‘‘a public transit 

agency has a contractual or informal 

arrangement . . .’’ The error in the 

answer to this question has led to a 

situation in which the regulation is 

applied in a manner inconsistent with 

its original intent. The statement, ‘‘is the 

same for ridesourcing companies when 

a public transit agency has a contractual 

or other arrangement with two or more 

ridesourcing companies or taxicab 

companies’’ is erroneous as the Drug 

and Alcohol rule does not apply when 

there is a lack of a contractual or other 

arrangement. This answer is 

inconsistent with FTA’s long-standing 

policy related to the applicability of the 

rule to taxicabs, and also is inconsistent 

with other FAQs which indicate the 

Drug and Alcohol rule applies when 

there is a contract or other arrangement, 

and has caused confusion in the 

industry. As explained above, when a 

transit agency enters into a contract or 

informal arrangement with another 

entity to provide service, the 

contractor’s employees must be part of 

an FTA/DOT-compliant drug and 

alcohol testing program. See 49 CFR 

655.3(a)(2). Today’s proposed policy 

statement and updated FAQs would 

amend the FAQs to be consistent with 

the original intent of the inapplicability 

of the Drug and Alcohol rule to taxicabs 

providing a safety-sensitive function for 

transit agencies in certain situations. 

2. Customer Choice Every Ride 

An additional condition that must be 

met for the Drug and Alcohol rule to not 

apply is that customers must choose 

their provider for every trip, as they 

would if they were hailing a cab or 

using a TNC app. Some transit agencies 

are challenged by the ‘‘customer choice’’ 

component and have sought additional 

guidance from FTA. FTA has 

consistently expressed that for the rule 

not to apply, the customer must choose 

the TNC or taxicab provider for each 

trip. Some agencies have developed 

apps where the passenger makes a 

provider selection when signing up for 

the app but is not offered a choice of 

provider for each ride. In this case, 

because the passenger is not making a 

provider choice for each ride, the Drug 

and Alcohol rule applies. This 

interpretation is consistent with the 

original rationale for the inapplicability 

of the rule in that rider selection of a 

provider for each ride is random and 

non-predictable. 

Some transit agencies have argued 

this customer choice requirement is 

burdensome and if the passenger is 

given the option to select their provider 

from two or more companies when they 

first sign up for service, the Drug and 

Alcohol rule should not apply. This 

argument is inconsistent with the 

reasoning behind the original rationale 

for inapplicability of the rule, which is 

that when a transit agency provides a 

voucher to a passenger for use with any 

TNC or taxicab provider in the area, the 

transit agency does not know and/or 

cannot control which provider a 

passenger contacts for service, and thus 

it would be impracticable to include the 

drivers of those providers in a testing 

program. When the transit agency 

knows which entity will provide the 

trip, it exercises control, and the drivers 

must be part of an FTA/DOT-compliant 

testing program. 

Some agencies have expressed 

concern regarding passenger choice and 

how the transit agency can keep track of 

usage. Transit agencies need to know 

who is using the TNC or taxi service and 

whether the trip is within the service 

area in order for the TNC to be 

reimbursed for the trip and to ensure 

only eligible trips are reimbursed. 

Notably, user-side subsidies or vouchers 

can be electronic, such as providing a 

unique code to each passenger who uses 

the app to request a ride from a TNC or 

taxi provider. This set-up enables the 

transit agency to monitor usage while 

maintaining the user choice element for 

each ride. 

IV. Policy Statement 

a. Background 

The availability of TNCs to provide 

same-day ADA paratransit, late night 

on-demand, first mile-last mile, and 

other services has been valuable to 

transit agencies as they strive to provide 

exceptional public transportation 

service. Over time, this use of TNCs to 

supplement public transit has moved 

from incidental to regular, with TNCs 

providing millions of trips per year to 

public transit passengers. Transit 

agencies have sometimes found FTA’s 

TNC FAQs difficult to interpret, and 

this has led to findings during FTA drug 

and alcohol audits. By this proposed 

update to the FAQs, FTA intends to 

remove ambiguities and ensure transit 

agencies and TNCs are clear about the 

applicability of FTA’s Drug and Alcohol 

rule to TNCs. 

As with everything we do at FTA, 

safety is paramount. The Drug and 

Alcohol program combats prohibited 

drug use and alcohol misuse by drivers 

engaged in the provision of public 

transit. When a taxicab or TNC provides 

service on behalf of a public transit 

agency, the passenger can reasonably 

expect the driver of that vehicle to be 

subject to the same requirements as a 

bus or train operator. 

If a transit agency has a contract or 

arrangement in place with TNCs or 

taxicabs to transport passengers, it is 

critical that drivers are not impaired 

while performing this safety-sensitive 

duty. This is especially important when 

TNCs or taxicabs are providing service 

for seniors, persons with disabilities, or 

youth, who may not have the ability to 

depart a vehicle being operated by an 

impaired driver, especially if the 

passenger needs assistance to exit the 

vehicle, or it is late at night, in 

inclement weather, or in an unfamiliar 

neighborhood. This leaves the passenger 

in the difficult situation of having to 

complete the ride, knowing their safety 

is at risk. Parity in the application of 

regulations intended to address drug 

and alcohol use and abuse will ensure 

all passengers are afforded the same 

protections. 

For those TNCs operating service 

under contract or informal arrangement 

with a transit agency, it is likely not 


ddrumheller on DSK120RN23PROD with NOTICES1
106736 Federal Register / Vol. 89, No. 249 / Monday, December 30, 2024 / Notices 

necessary to include every driver in a 

drug and alcohol testing program. TNCs 

are welcome to identify a subset of 

drivers that serve the transit agency 

contract. TNCs may wish to require all 

new drivers joining their platforms 

participate in the drug and alcohol 

testing program as a means of building 

the number of drivers eligible to drive 

for the public transit agency contract. 

TNCs may not have to create a separate 

random testing pool; the identified 

subset of drivers may be placed into the 

transit agency’s random testing pool at 

the discretion of the transit agency and 

the TNC. If the TNC creates its own 

testing program, the testing program 

must meet FTA/DOT requirements. In 

either case, drivers will be subject to all 

testing requirements of 49 CFR parts 40 

and 655. 

b. Proposed Policy 

FTA proposes modifying its Shared 

Mobility Controlled Substance and 

Alcohol Testing Requirements FAQs to 

clarify when the exception applies and 

to fix the existing error. FTA proposes 

the relevant set of FAQs would read as 

follows: 

Shared Mobility Controlled Substance 

and Alcohol Testing Requirements 

Under Federal transit law (49 U.S.C. 

5331), public transportation recipients 

that receive financial assistance under 

the FTA’s Urbanized Area, Capital 

Investment Grant, and Rural Area 

programs must conduct controlled 

substance and alcohol testing of public 

transportation employees responsible 

for safety-sensitive functions, including 

operating, dispatching, and maintaining 

revenue service vehicles. These FAQs 

describe the extent to which 

ridesourcing companies are subject to 

the drug and alcohol testing 

requirements. For questions, contact 

Iyon Rosario (iyon.rosario@dot.gov), 

FTA’s Senior Drug and Alcohol Program 

Manager. 

When does the Drug and Alcohol rule 

apply? 

The Federal Transit Administration 

(FTA) Drug and Alcohol rule (49 CFR 

part 655) provides that the rule applies 

to recipients and subrecipients of 

Urbanized Area (section 5307), Capital 

Investment Grant (section 5309), and 

Rural Area (section 5311) funds, as well 

as their contractors and subcontractors. 

A ridesourcing company may be a 

contractor. Under the rule, a contractor 

is any entity providing a safety-sensitive 

function for a recipient or subrecipient. 

The contract may be a written contract 

or an informal arrangement ‘‘that 

reflects an ongoing relationship between 

the parties.’’ 

The intent of the Drug and Alcohol 

rule is to cover only those situations in 

which a transit operator has a contract 

or arrangement with taxicab or TNC 

operators. In these instances, the public 

knows that to take advantage of services 

funded in part by a transit agency, it 

must deal with a particular taxicab or 

TNC. On the other hand, where there is 

no contract or informal arrangement and 

a passenger randomly chooses among a 

variety of different taxi and/or TNC 

companies, these FAQs recognize the 

practical difficulties of trying to 

administer a drug and alcohol testing 

program in connection with all of those 

companies; accordingly, FTA’s rule on 

drug and alcohol testing would not 

cover such services. 

Does the testing requirement apply to 

employees and independent drivers of 

contractors not otherwise providing 

public transportation? 

Yes. The Drug and Alcohol rule (49 

CFR part 655) extends the controlled 

substance and alcohol testing 

requirement to employees of contractors 

performing a safety-sensitive function. 

This includes the independent drivers 

of a ridesourcing company contracting 

with a public transportation agency. 

FTA has consistently interpreted the 

regulation (49 CFR part 655) to include 

contractors who do not directly engage 

in public transportation operations, 

including taxicab operators and TNCs 

unless there is no contractual or 

informal arrangement, the transit agency 

merely provides user-side vouchers, and 

the passenger chooses the provider for 

each trip. 

Are private companies like ridesourcing 

companies required to comply with 

DOT drug and alcohol testing 

requirements? 

Recipients of Urbanized Area (section 

5307), Capital Investment Grant (section 

5309), and Rural Area (section 5311) 

funds must conduct drug and alcohol 

testing of all employees or contractors 

performing safety-sensitive functions. 

Ridesourcing companies are subject to 

the testing requirement to the extent 

they are a contractor of a recipient and 

perform a safety-sensitive function. 

However, as described below, in some 

situations, the Drug and Alcohol rule 

may not apply to ridesourcing 

companies. 

Under what circumstances must TNC 

drivers be included in a drug and 

alcohol testing program? 

TNC and taxicab drivers who provide 

or may provide transportation service 

under a contract or informal 

arrangement with a transit agency must 

be included in an FTA/DOT compliant 

drug and alcohol testing program. 

Further, when a passenger does not 

choose the TNC or taxicab company 

providing the service for each trip, the 

TNC and taxicab drivers must be 

included in an FTA/DOT compliant 

drug and alcohol testing program. TNC 

and taxicab drivers may be added to a 

transit agency’s existing testing pool or 

the TNC or taxicab company may 

establish its own FTA/DOT compliant 

testing program that includes drivers for 

the transit agency contract. For example, 

some transit agencies contract with 

TNCs, taxicab companies, and other 

entities to provide ADA paratransit 

service to eligible passengers. In those 

situations, the Drug and Alcohol rule 

applies to the TNC or taxicab company 

providing the service. Similarly, if a 

public transit agency provides vouchers 

to passengers to use with only one TNC 

or taxicab company, the passenger does 

not have a choice of which company to 

contact, so the Drug and Alcohol rule 

applies. 

Under what circumstances does the 

Drug and Alcohol rule not apply to 

ridesourcing companies? 

TNCs and taxicab companies are not 

required to include their drivers in an 

FTA/DOT compliant drug and alcohol 

testing program when all of the 

following apply: 

—There are two or more providers 

available to provide the service, and 

—There is no contractual or informal 

arrangement between the TNC or 

taxicab company and the FTA 

recipient to provide service and 

—The passenger randomly selects a 

provider for each trip from two or 

more available providers. 

If the transit agency does not contract 

or have an informal arrangement with 

the TNC or taxicab company but only 

provides user-side subsidies to the 

passenger and the passenger contacts 

the TNC or taxicab company directly for 

each ride and has a choice of two or 

more providers, the Drug and Alcohol 

rule will not apply. In this case, the 

public transit agency would have to 

inform its passengers of which TNCs or 

taxicab companies they may contact for 

a ride, and the passenger would 

schedule their own rides with their 

preferred provider for each trip. NOTE: 

A passenger who does not have a 

smartphone or other means to contact a 

provider directly may contact the transit 

agency to assist in scheduling the trip, 

even though the transit agency has no 

contractual relationship with any 


ddrumheller on DSK120RN23PROD with NOTICES1
Federal Register / Vol. 89, No. 249 / Monday, December 30, 2024 / Notices 106737 

provider. FTA expects this to be rare 

and to not occur where there is a 

provider that will schedule trips over 

the phone. 

There may be some situations in 

which a public transit agency permits 

passengers to schedule trips with a 

choice of two or more ridesourcing 

companies as well as one or more 

taxicab companies in order to ensure the 

service is available for all passengers. In 

some cases, the taxicab company may be 

the only provider able to schedule trips 

over the phone or accept cash payment 

from passengers without a smart phone 

or credit card. As long as there is no 

contract or informal arrangement, the 

Drug and Alcohol rule does not apply to 

situations where there are multiple 

providers but only one provider that 

accepts phone reservations and/or 

accepts cash. While some passengers 

may have only one choice, this does not 

change the fact that many passengers 

will have more than one choice, so the 

Drug and Alcohol rule will not apply to 

these providers. 

May a transit agency develop an App for 

users to schedule rides with TNCs? 

A transit agency may develop an app 

for passenger convenience to schedule 

unsubsidized rides with the TNCs and 

taxicab companies in its area. Such an 

app does not constitute a contractual or 

informal arrangement for purposes of 

the drug and alcohol testing 

requirement. A shared app, on its own, 

without a link to a transit-agency 

subsidized TNC or taxicab trip, is not a 

safety-sensitive function. However, if 

the transit agency is subsidizing trips 

(e.g., with vouchers) scheduled with the 

app, the Drug and Alcohol rule applies 

unless there are two or more providers 

available with the same app, with no 

contractual or informal arrangement for 

the transportation service, and 

passengers can choose the provider for 

each trip. 

If my project is funded with Public 

Transportation Innovation (Section 

5312) research funds, does the drug and 

alcohol testing requirement apply? 

No. If the project is funded with 

research dollars, the law permits the 

Secretary to prescribe terms and 

conditions for the grant award. FTA has 

determined the Drug and Alcohol rule 

does not apply to these funds, even if 

the recipient of Public Transportation 

Innovation (Section 5312) research 

funds is also a recipient of Urbanized 

Area (Section 5307), Capital Investment 

Grant (Section 5309) or Rural Area 

(Section 5311) funds. 

Does the Drug and Alcohol rule apply 

to pilot programs that do not use any 

FTA funds? 

Yes. If a transit agency receiving FTA 

funds under 49 U.S.C. 5307, 5309, or 

5311 subsidizes ridesourcing services 

under a pilot program that does not use 

FTA funds, the transit agency must 

incorporate the ridesourcing company 

drivers into an FTA/DOT compliant 

drug and alcohol testing program, 

unless there are two or more providers, 

there is no contractual or informal 

arrangement for the transportation 

service, and passengers can choose the 

provider for each trip. Drivers may be 

included in a transit agency’s testing 

pool or a TNC’s or taxicab company’s 

testing pool, as long as the testing 

program complies with FTA’s drug and 

alcohol testing regulation. 

FTA seeks comment from all 

interested parties. After consideration of 

the comments, FTA will issue a second 

Federal Register notice with a final set 

of Frequently Asked Questions. 

Veronica Vanterpool, 

Deputy Administrator. 

[FR Doc. 2024–30966 Filed 12–27–24; 8:45 am] 

BILLING CODE 4910–57–P 

DEPARTMENT OF TRANSPORTATION 

Maritime Administration 

[Docket No. MARAD–2019–0093] 

Deepwater Port License Application: 

Texas GulfLink LLC (GulfLink)— 

Special Notice 

AGENCY: Maritime Administration, 

Department of Transportation. 

ACTION: Notice. 

SUMMARY: The Maritime Administration 

(MARAD) is providing notice to the 

public of the delay in issuing the Record 

of Decision for the proposed Texas 

GulfLink Deepwater Port, as the agency 

continues to process and consider 

public submissions on the proposed 

project. 

FOR FURTHER INFORMATION CONTACT: 

Brian Barton, Office of Deepwater Ports 

and Port Conveyance, MARAD, 

telephone: 202–366–4610, email: 

Deepwater.Ports@dot.gov. 

SUPPLEMENTARY INFORMATION: Under 

section 5(k) of the Deepwater Port Act 

of 1974 (DWPA) (33 U.S.C. 1504(k)), 

MARAD is required to publish a written 

statement in the Federal Register 

regarding delays in the processing of 

applications for oil or natural gas 

terminals licensed under the DWPA. On 

May 30, 2019, MARAD and the U.S. 

Coast Guard (USCG) received a license 

application from GulfLink for all 

Federal authorizations required for a 

license to construct, own, and operate a 

deepwater port for the export of oil in 

the Gulf of Mexico off the coast of 

Brazoria County, TX. A Notice of 

Application summarizing and providing 

further information regarding the 

GulfLink Deepwater Port License 

application was published in the 

Federal Register on June 26, 2019 (84 

FR 30298). After extensive public and 

interagency review, a Final 

Environmental Impact Statement (FEIS) 

was published on July 5, 2024, and the 

final public hearing was held on 

September 13, 2024. Over 44,000 public 

submissions on the FEIS and final 

public hearing were received in the TGL 

docket number MARAD–2019–0093 at 

Regulations.gov. MARAD is still 

reviewing and considering the 

comments received and issuance of a 

Record of Decision is therefore delayed. 

The applicable deadline for issuance of 

the Record of Decision is set forth in 

DWPA section 5(i)(1) (33 U.S.C. 

1504(i)(1)). This ongoing review will 

ensure that all substantive public 

comments are considered and that the 

information, data, and viewpoints 

received during this phase of the project 

review are fully assessed and evaluated 

before MARAD renders a final decision. 

Privacy Act 

Anyone can search the electronic 

form of all comments received into any 

of our dockets by the name of the 

individual submitting the comment (or 

signing the comment if submitted on 

behalf of an association, business, labor 

union, etc.). For information on DOT’s 

compliance with the Privacy Act, visit 

www.transportation.gov/privacy. 

(Authority: DWPA, Pub. L. 93–627 (33 U.S.C. 

1501 et seq.); 49 CFR 1.93(h)) 

By Order of the Maritime Administrator. 

T. Mitchell Hudson, Jr., 

Secretary, Maritime Administration. 

[FR Doc. 2024–30974 Filed 12–27–24; 8:45 am] 

BILLING CODE 4910–81–P 

DEPARTMENT OF TRANSPORTATION 

National Highway Traffic Safety 

Administration 

[Docket No. NHTSA–2021–0035; Notice 2] 

Michelin North America, Inc., Grant of 

Petition for Decision of 

Inconsequential Noncompliance 

AGENCY: National Highway Traffic 

Safety Administration (NHTSA), 

Department of Transportation (DOT). 


ddrumheller on DSK120RN23PROD with NOTICES1