Mr. Harry Saporta
Manager, System Safety Programs
Tri-County Metropolitan Transportation
District of Oregon
4012 S.E. 17th Avenue
Portland, Oregon 97202

Dear Mr. Saporta:

Thank you for your April 16, 1999, letter, in which you seek clarification of the Federal Transit Administration’s (FTA) drug and alcohol testing regulations, 49 CFR Parts 653 and 654. Specifically, you ask about the applicability of the rules to maintenance contractors and subcontractors in light of the FTA’s recent amendment to the rules to include those performing rebuild and overhaul maintenance. You ask five discrete questions:

1.Are contractors who provide a component exchange service (such as for alternators and starters), but later rebuilding the components at their convenience, included within the definition?

Yes; because the contractors will ultimately be rebuilding and returning the component to a grantee, the rules apply, even in light of the possibility that the grantee may initially receive a component not previously used on its federally funded vehicle.

2.Is non-safety critical component repair, such as farebox maintenance, video electronics repair, and destination sign repair included within the definition?

No; the rules are intended to cover only those persons engaged in performance of a safety-sensitive function.

3.Is the machining of engine blocks, crankshafts, or other components included?

The rules apply to workers engaged in the maintenance, overhaul and rebuilding of revenue service engines and equipment. Because machining of engine blocks, crankshafts, and like equipment falls into that category, the rules apply.

4.Is the repair of hydraulic cylinders, pumps, and hydraulic lines, or other similar components included within the definition?

For the reason set forth in the answer to #3, the rules apply.

5.What if a contractor who provides the overall rebuild service and subcontracts portions of the service to others (such as, rebuilding of a transmission, but contracts out the rebuilding of a particular component of the transmission)? The rules apply to contractors; they do not extend to subcontractors. Please note, though, that grantees may not subcontract out maintenance work simply to avoid complying with the rules.

If you have additional questions, please contact Michael Connelly of my staff at (202) 366-4011.

Very truly yours,
(Signed)
Patrick W. Reilly
Chief Counsel