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SFY 2005 Community Transportation Program <br />State NCDOT Certifications and Assurances <br />03. PRIVATE MASS TRANSPORTATION COMPANIES <br />A local government Applicant seeking State assistance authorized by 49 U. S. C. chapter 53 to <br />acquire the property or an interest in the property of a private mass transportation company or <br />to operate mass transportation equipment or facilities in competition with, or in addition to, <br />transportation service provided by an existing mass transportation company must provide the <br />following certification. NCDOT may not award State assistance for that type of project until the <br />Applicant provides this certification by selecting Category "03. " <br />As required by 49 U.S.C. 5323(a)(1), the Applicant certifies that before it acquires the property <br />or an interest in the property of a private mass transportation company or operates mass <br />transportation equipment or facilities in competition with, or in addition to, transportation service <br />provided by an existing mass transportation company, it has or will have: <br />A. Found that the assistance is essential to carrying out a program of projects as determined by <br />the plans and programs of the metropolitan planning organization; <br />B. Provided for the participation of private mass transportation companies to the maximum <br />extent feasible consistent with applicable State requirements and policies; <br />C. Paid just compensation under state or local law to a private mass transportation company for <br />its franchises or property acquired; and <br />D. Acknowledged that the assistance falls within the labor standards compliance requirements <br />of 49 U.S.C. 5333(a) and 5333(b). <br />04. PUBLIC HEARING <br />An Applicant seeking State assistance authorized by 49 U.S.C. chapter 53 for a capital project <br />that will substantially affect a community or a community's mass transportation service must <br />provide the following certification. NCDOT may not award State assistance for that type of <br />project until the Applicant provides this certification by selecting Category "04. " <br />As required by 49 U.S.C. 5323(b), the Applicant certifies that it has, or before submitting its <br />application, it will have: <br />A. Provided an adequate opportunity for a public hearing with adequate prior notice of the <br />proposed project published in a newspaper of general circulation in the geographic area to be <br />served; <br />B. Held that hearing and provided NCDOT a transcript or detailed report summarizing the <br />issues and responses, unless no one with a significant economic, social, or environmental <br />interest requests a hearing; <br />C. Considered the economic, social, and environmental effects of the proposed project; and <br />D. Determined that the proposed project is consistent with official plans for developing the <br />urban area. <br />10 <br />