Ms. Kathy Dannenhold
Transportation Manager
Office of Public Transportation
Department of Transportation
State of Tennessee
Nashville, Tennessee 37243-0325

RE: Applicability; projects funded only with State funds.

Dear Ms. Dannenhold:

Thank you for your June 3, 1996, letter asking whether FTA’s drug and alcohol rules apply to Tennessee's Families First Welfare Reform Plan (Families First Plan), a mass transportation program funded by Tennessee's Department of Human Services and Department of Transportation.

FTA’s drug and alcohol rules apply only to FTA’s capital grant program (formerly section 3), formula grant programs for urbanized and nonurbanized areas (formerly sections 9 and 18), and interstate transfer program (23 U.S.C. §103(e)(4)). Because the Families First Plan will not be using any of these categories of FTA funding, FTA’s drug and alcohol rules do not apply. We note, however, that the Federal Highway Administration's (FHWA) substance abuse rule may apply to the Families First Plan if the vehicles used to transport passengers are commercial motor vehicles, i.e., capable of transporting 16 or more persons, including the driver. A driver of a Commercial Motor Vehicle is required to hold a Commercial Drivers License (CDL); and FHWA’s rule applies to all CDL holders and their employers. 49 CFR 382.103. If you have any questions about FHWA's rule, you should contact the Office of Motor Carrier Research and Standards at (202) 366-1790.

If you have any further questions, please contact Nancy Zaczek of my staff at (202) 366-4011.

Very truly yours,
(Signed)
Gregory B. McBride
Acting Chief Counsel