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30 <br /> FTA FISCAL YEAR 2016 CERTIFICATIONS AND ASSURANCES <br /> 2. Comply with the final federal regulations that, when issued, will implement the transit <br /> asset management provisions of 49 U.S.C. § 5326. <br /> 09.B. Public Transportation Agency Safety Plan. <br /> If your Applicant applies for funding under 49 U.S.C. chapter 53 and it is a State <br /> government, local government, or any other operator of a public transportation system, <br /> the Public Transportation Safety Plan Certifications in Group 09.B apply to your <br /> Applicant, except as FTA determines otherwise in writing. <br /> On behalf of your Applicant, you certify that it will: <br /> 1. Follow the Federal guidance, when issued, that will implement the safety plan <br /> provisions of 49 U.S.C. § 5329(d), except as FTA determines otherwise in writing, <br /> and <br /> 2. Comply with the final Federal regulations, when issued, that implement the safety <br /> plan requirements of 49 U.S.C. § 5329(d). <br /> CATEGORY 10. ALCOHOL AND CONTROLLED SUBSTANCES TESTING. <br /> If your Applicant must comply with the alcohol and controlled substance testing <br /> requirements of 49 U.S.C. §5331 and its implementing regulations, before FTA may <br /> provide federal assistance for an Award,you must select the Certifications in <br /> Category 10 in addition to other Certifications and Assurances you select on your <br /> Applicant's behalf except as FTA may determine otherwise in writing. <br /> Any provision of the Certifications in Category 10 that does not apply will not be <br /> enforced. <br /> As required by 49 U.S.C. § 5331, and FTA regulations, "Prevention of Alcohol Misuse <br /> and Prohibited Drug Use in Transit Operations,"49 CFR part 655, subpart I, specifically <br /> 49 CFR § 655.83, on behalf of your Applicant, including an Applicant that is a state, and <br /> on behalf of its Subrecipients and Third Party Contractors, you certify that: <br /> 1. Your Applicant, its Subrecipients, and Third Party Contractors to which these testing <br /> requirements apply have established and implemented: <br /> a. An alcohol misuse testing program, and <br /> b. A controlled substance testing program. <br /> 2. Your Applicant, its Subrecipients, and its Third Party Contractors to which these <br /> testing requirements apply have complied or will comply with all applicable <br /> requirements of 49 CFR part 655 to the extent those regulations are consistent with <br /> 49 U.S.C. § 5331. <br /> 3. Consistent with U.S. DOT Office of Drug and Alcohol Policy and Compliance <br /> Notice, issued October 22, 2009, if your Applicant, its Subrecipients, or its Third <br /> 25 <br />