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29 <br /> FTA FISCAL YEAR 2017 CERTIFICATIONS AND ASSURANCES <br /> 1. States With a Fully Compliant Program. The Recipient agrees that FTA regulations, "State <br /> Safety Oversight," 49 C.F.R. part 674, will apply when its State Safety Oversight program is <br /> fully compliant with FTA's requirements, but <br /> 2. States Without a Fully Compliant Program. The Recipient agrees that FTA regulations, <br /> "Rail Fixed Guideway Systems; State Safety Oversight," 49 C.F.R. part 659, will continue to <br /> apply to those states that have not yet implemented a fully compliant Public Transportation <br /> Safety Program. <br /> CATEGORY 10. ALCOHOL AND CONTROLLED SUBSTANCES TESTING. <br /> If your Applicant must comply with the alcohol and controlled substance testing requirements of <br /> 49 U.S.C. §5331 and its implementing regulations, before FTA may provide federal assistance <br /> for an Award,you must select the Certifications in Category 10, except as FTA may determine <br /> otherwise in writing. <br /> Any provision of the Certifications in Category 10 that does not apply will not be enforced. <br /> As required by 49 U.S.C. § 5331, and FTA regulations, "Prevention of Alcohol Misuse and <br /> Prohibited Drug Use in Transit Operations," 49 CFR part 655, subpart I, specifically 49 CFR <br /> § 655.83, on behalf of your Applicant, including an Applicant that is a state, and on behalf of its <br /> 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 testing <br /> requirements apply have complied or will comply with all applicable requirements of <br /> 49 CFR part 655 to the extent those regulations are consistent with 49 U.S.C. § 5331. <br /> 3. Consistent with U.S. DOT Office of Drug and Alcohol Policy and Compliance Notice, issued <br /> October 22, 2009, if your Applicant, its Subrecipients, or its Third Party Contractors to which <br /> these testing requirements apply reside in a state that permits marijuana use for medical or <br /> recreational purposes, your Applicant, its Subrecipients, and its Third Party Contractors to <br /> which these testing requirements apply have complied or will comply with the federal <br /> controlled substance testing requirements of 49 CFR part 655. <br /> CATEGORY 11. FIXED GUIDEWAY CAPITAL INVESTMENT GRANTS PROGRAM <br /> (NEW STARTS, SMALL STARTS,AND CORE CAPACITY IMPROVEMENT). <br /> Before FTA may provide federal assistance for an Award financed under the New Starts, Small <br /> Starts, or Core Capacity Improvement Program authorized under 49 U.S.C. §5309,you must <br /> select the Certifications in Category 11, except as FTA may determine otherwise in writing. <br /> Any provision of the Certifications in Category 11 that does not apply will not be enforced. <br /> Except as FTA determines otherwise in writing, on behalf of your Applicant, you certify that: <br /> 23 <br />