note, the Recipient agrees to carry out the Project in compliance with the terms and conditions
<br />determined by the U.S. Secretary of Labor necessary to comply with the requirements of 49 U.S.C.
<br />§ 5333(b), in accordance with U.S. DOL guidelines, "Section 5333(b), Federal Transit Law," at 29
<br />C.F.R. Part 215, and any amendments thereto. These terms and conditions, if any, are identified in
<br />the U.S. DOUs certification of public transportation employee protective arrangements to FTA, the
<br />date of which appears in the Grant Agreement. The Recipient agrees to implement the Project in
<br />compliance with the conditions stated in that U.S. DOL certification, to the extent that certification
<br />is required. Any U.S. DOL certification that may be provided and any documents cited therein are
<br />incorporated by reference and made part of the Grant Agreement. (New amendments to U.S. DOL
<br />guidelines, "Section 5333(b), Federal Transit Law," 29 C.F.R. Part 215, were published at 73 Fed.
<br />Reg. 47046.et seq., August 13, 2008.1
<br />(c) Public Transportation Employee Protective Arrangements for Projects in Nonurbanized Areas
<br />Authorized by 49 U.S.C. 4 5311 The Recipient agrees to comply with the terms and conditions of
<br />the Special Warranty for the Nonurbanized Area Program that is most current as of the date of
<br />execution of the Grant Agreement or Cooperative Agreement for the Project, and any alternative
<br />comparable arrangements specified by U.S. DOL for application to the Recipient's project, in
<br />accordance with U.S. DOL guidelines, "Section 5333(b), Federal Transit Law," 29 C.F.R. Part 215,
<br />and any revisions thereto. [New amendments to U.S. DOL guidelines, "Section 5333(b), Federal
<br />Transit Law, "29 C.F.R. Part 215, were published at 73 Fed. Reg. 47046 et seq., August 13, 2008.]
<br />(d) Employee Protective Arrangements for Proiects Financed by the Over - the -Road Bus
<br />Accessibility Program The Recipient agrees to comply with the terms and conditions of the Special
<br />Warranty for the Over -the -Road Bus Accessibility Program that is most current as of the date of
<br />execution of the Grant Agreement or Cooperative Agreement for the Project, and any alternative
<br />comparable arrangements specified by U.S. DOL for application to the Recipient's project, in
<br />accordance with U.S. DOL guidelines, "Section 5333(b), Federal Transit Law," 29 C.F.R. Part 215,
<br />and any revisions thereto. [New amendments to U.S.. DOL guidelines, "Section 5333(b), Federal
<br />Transit Law," 29 C.F.R. Part 215, were published at 73 Fed. Reg. 47046 at seq., August 13, 2008.]
<br />(2) The Contractor also agrees to include the any applicable requirements in each subcontract
<br />involving transit operations financed in whole or in part with Federal assistance provided by FTA.
<br />26. Federal Motor Carrier Safety Administration
<br />The Contractor and its subcontractors, lessees or third party Contractors will comply with the
<br />applicable provisions of the following promulgated U.S. FMCSA regulations.
<br />Financial Responsibility
<br />1. To extent that the Contractor or its subcontractor, lessee or third party is engaged in interstate
<br />commerce and not within a defined commercial zone, the Contractor agrees to comply with U.S.
<br />FMCSA regulations, "Minimum Level of Financial Responsibility for Motor Carriers ", 49 U.S.C. Part
<br />387, Dealing with economic registration and insurance requirements.
<br />a) The amount of insurance required of Federal assistance recipients (5307, 5310 and 5311) is
<br />reduced to the highest amount of any state in which the transit provider operates.
<br />2. To extent that the Contractor or its subcontractor, lessee or third party is engaged in interstate
<br />commerce and not within a defined commercial zone, and the grant recipient is not a unit of
<br />government (defined as Federal Government, a state, any political subdivision of a state or any
<br />agency established under a compact between states), the Contractor agrees to comply with U.S.
<br />FMCSA regulations, Subpart B, "Federal Motor Carrier Safety Regulation ", at 49 CFR Parts 390
<br />through 396..
<br />Driver Qualifications.
<br />44
<br />Attachment number 2
<br />F -5
<br />Page 175
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