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a. Druq-Free Workplace. U.S. DOT regulations, "Governmentwide
<br />Requirements for Drug-Free Workplace (Financial Assistance), 49 C.F.R. Part 32, that
<br />implement the Drug-Free Workplace Act of 1988, 41 U.S.C. §§ 701 et seq.
<br />b. Alcohol Misuse and Prohibited Druq Use. FTA regulations, "Prevention of
<br />Alcohol Misuse and Prohibited Drug Use in Transit Operations," 49 C.F.R. Part 655, that
<br />implement 49 U.S.C. § 5331.
<br />Section 22. Seat Belt Use. In accordance with Executive Order No. 13043, "Increasing
<br />Seat Belt Use in the United States," April 16, .1997, 23 U. S. C. § 402 note, the Contractor is
<br />encouraged to adopt and promote on-the job seat belt use policies and programs for its
<br />employees and other personnel. that operate company-owned, rented, or personally operated
<br />vehicles, and to include this provision in any third party contracts, third party subcontracts, or
<br />subagreements involving the Project.
<br />Section 23. Protection of Sensitive Security Information. To the extent applicable, the
<br />Contractor agrees to comply with 49 U.S.C. § 40119(b) and implementing U.S. DOT
<br />regulations, "Protection of Sensitive Security Information," 49 C.F.R. Part 15, and with 49
<br />U.S.C. § 114(s) and implementing U.S. Department of Homeland Security, Transportation
<br />Security Administration regulations, "Protection of Sensitive Security Information," 49 C.F.R.
<br />Part 1520.
<br />Section 24. Geoaraphic Information and Related Spatial Data. In accordance with U.S.
<br />OMB Circular A-16, "Coordination of Geographic Information and Related Spatial Data
<br />Activities," August 19,2002, the Contractor agrees to implement its Project so that any activities
<br />involving spatial data and geographic information systems activities financed directly or
<br />indirectly, in whole or in part, by Federal assistance, consistent with the National Spatial Data
<br />infrastructure promulgated by the Federal Geographic Data Committee, except to the extent
<br />that FTA determines otherwise in writing.
<br />Section 25. Motor Carrier Safety. To the extent applicable, the Contractor agrees to
<br />comply with, and assures the compliance of its subrecipients, lessees, and third party
<br />contractors with, applicable provisions of the following regulations promulgated by the U.S.
<br />Federal Motor Carrier Safety Administration (U.S. FMCSA):
<br />a. Financial Responsibility. The Contractor agrees as follows:
<br />(1) To the extent that the Contractor is engaged in interstate commerce
<br />and not within a defined commercial zone, the Contractor agrees to comply with U.S. FMCSA
<br />regulations, "Minimum Levels of Financial Responsibility for Motor Carriers," 49 U.S.C. Part
<br />387, dealing with economic registration and insurance requirements. For recipients of Federal
<br />assistance under 49 U.S.C. §§ 5307, 5310, or 5311, 49 C.F.R. Part 387 is modified by 49
<br />U.S.C. § 31138(e)(4) which reduces the amount of insurance required of such recipients to the
<br />highest amount of any state in which the transit provider operates.
<br />(2) To the extent that the Contractor is engaged in interstate commerce
<br />and not within a defined commercial zone and is not a unit of government (defined as Federal
<br />Government, a state, any political subdivision of a state or any agency established under a
<br />compact between states), the Contractor agrees to comply with U.S. FMCSA regulations,
<br />Subpart B, "Federal Motor Carrier Safety Regulations," at 49 CFR Parts 390 through 396.
<br />b. Driver Qualifications. The Contractor agrees to comply with U.S. FMCSA's
<br />regulations, "Commercial Driver's License Standards, Requirements, and Penalties," 49 C.F.R.
<br />Part 383.
<br />c. Substance Abuse Rules for Motor Carriers. The Contractor agrees to
<br />comply with U.S. FMCSA's regulations, "Drug and Alcohol Use and Testing Requirements," 49
<br />C.F.R. Part 382, which apply to transit providers that operate a commercial motor vehicle that
<br />has a gross weight rating over 26,000 pounds or is designed to transport sixteen (16) or more
<br />passengers, including the driver.
<br />NCDOT/PTD/FM
<br />Revised 8/4/2008 Page 24 of 28
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