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43 <br />incorporated by reference and made part of this Agreement for the Project. The <br />Contractor understands and agrees that if it or an operator violates that school <br />transportation operations agreement the violator will be barred from receiving Federal <br />transit assistance in an amount to be determined by FTA or U.S. DOT. <br />Section 33. Geographic 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 <br />activities involving spatial data and geographic information systems activities financed <br />directly or indirectly, in whole or in part, by Federal assistance, consistent with the National <br />Spatial Data infrastructure promulgated by the Federal Geographic Data Committee, <br />except to the extent that FTA determines otherwise in writing. <br />Section 34. 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 <br />commerce and not within a defined commercial zone, the <br />Contractor agrees to comply with U.S. FMCSA regulations, <br />"Minimum Levels of Financial Responsibility for Motor <br />Carriers," 49 U.S.C. Part 387, dealing with economic <br />registration and insurance requirements. For recipients of <br />Federal assistance under 49 U.S.C. §§ 5307, 5310, or <br />5311, 49 C.F.R. Part 387 is modified by 49 U.S.C. § <br />31138(e)(4) which reduces the amount of insurance <br />required of such recipients to the highest amount of any <br />state in which the transit provider operates. <br />(2) To the extent that the Contractor is engaged in interstate <br />commerce and not within a defined commercial zone and is <br />not a unit of government (defined as Federal Government, <br />a state, any political subdivision of a state or any agency <br />established under a compact between states), the <br />Contractor agrees to comply with U.S. FMCSA regulations, <br />Subpart B, "Federal Motor Carrier Safety Regulations," at <br />49 CFR Parts 390 through 396. <br />b. Driver Qualifications. The Contractor agrees to comply with U.S. <br />FMCSA's regulations, "Commercial Driver's License Standards, <br />Requirements, and Penalties," 49 C.F.R. 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 <br />Testing Requirements," 49 C.F.R. Part 382, which apply to transit <br />providers that operate a commercial motor vehicle that has a gross <br />weight rating over 26,000 pounds or is designed to transport sixteen <br />(16) or more passengers, including the driver. <br />d. <br />Section 35. Substance Abuse. To the extent applicable, the Contractor, its <br />subcontractors or their employees perform a safety-sensitive function under the <br />Agreement, the Contractor agrees to comply with and assure compliance of its <br />subcontractors, and their employees with 49 USC 5331 and FTA regulations "Prevention <br />Revised 1/6/10 <br />