Implementation Guidelines - Federal Transit Administration - U.S. ...

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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