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31 <br /> FTA FISCAL YEAR 2016 CERTIFICATIONS AND ASSURANCES <br /> Party Contractors to which these testing requirements apply reside in a state that <br /> permits marijuana use for medical or recreational purposes, your Applicant, its <br /> Subrecipients, and its Third Party Contractors to which these testing requirements <br /> apply have complied or will comply with the federal controlled substance testing <br /> requirements of 49 CFR part 655. <br /> CATEGORY 11. FIXED GUIDEWAY CAPITAL INVESTMENT GRANTS <br /> PROGRAM (NEW STARTS, SMALL STARTS,AND CORE CAPACITY <br /> IMPROVEMENT). <br /> Before FTA may provide federal assistance for an Award financed under the New Starts, <br /> Small Starts, or Core Capacity Improvement Program authorized under 49 U.S.C. <br /> §5309,you must select the Certifications in Category 11 in addition to other <br /> Certifications and Assurances you must select on your Applicant's behalf, except as FTA <br /> may determine otherwise in writing. <br /> Any provision of the Certifications in Category 11 that does not apply will not be <br /> enforced. <br /> Except as FTA determines otherwise in writing, on behalf of your Applicant, you certify <br /> that: <br /> 1. It has or will have the legal, financial, and technical capacity to carry out its Award, <br /> including the safety and security aspects of that Award, <br /> 2. It has or will have satisfactory continuing control over the use of its equipment and <br /> facilities acquired or improved under its Award, <br /> 3. It will maintain its equipment and facilities acquired or improved under its Award in <br /> accordance with its transit asset management plan, <br /> 4. It will comply with: <br /> a. The metropolitan transportation planning requirements of 49 U.S.C. § 5303, and <br /> b. The statewide and nonmetropolitan transportation planning requirements of <br /> 49 U.S.C. § 5304, and <br /> 5. It will comply with FTA guidance, "Final Interim Policy Guidance, Capital <br /> Investment Grant Program,"August 2015, 80 Fed. Reg. 46514, August 5, 2015, <br /> CATEGORY 12. STATE OF GOOD REPAIR PROGRAM. <br /> Before FTA may provide federal assistance for an Award financed under the State of <br /> Good Repair Program authorized under 49 U.S.C. §5337,you must select the <br /> Certifications in Category 12 in addition to other Certifications and Assurances you must <br /> select on your Applicant's behalf except as FTA determines otherwise in writing. <br /> Any provision of the Assurance in Category 12 that does not apply will not be enforced. <br /> 26 <br />