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15 <br />State Fiscal Year 2013 Public Transportation Programs <br />Federal and State Assistance Certifications and Assurances <br />(3) Third party contractor or subcontractor at any tier, and <br />(4) Other participant in the project, <br />3. Neither the Applicant nor any third party participant involved in its Project will engage in charter service <br />operations, except as permitted under: <br />a. Federal transit laws, specifically 49 U.S.C. § 5323(d) and (g), <br />b. FTA regulations, "Charter Service," 49 C.F.R. Part 604, <br />c. Any other Federal. Charter Service regulations, or <br />d. Federal directives, except as FTA determines otherwise in writing. <br />4. The Applicant agrees that the latest Charter Service Agreement it has selected in its latest annual Certifications <br />and Assurances is incorporated by reference in and made part of the underlying Agreement accompanying an <br />award of FTA funding. <br />5. The Applicant agrees that: <br />a. FTA/NCDOT may require corrective measures or impose remedies on it or any subrecipient that has <br />engaged in a pattern of violations of FTA's Charter Service regulations by: <br />(1) Conducting charter operations prohibited by Federal transit laws and FTA's Charter Service <br />regulations, or <br />(2) Otherwise violating the Applicant's Charter Service Agreement it has elected in its latest annual <br />Certifications and Assurances. <br />b. These corrective measures and remedies may include: <br />(1) Bamng it or any third party participant operating public transportation under the Project that has <br />provided prohibited charter service from receiving FTA/NCDOT funds, or <br />(2) Withholding an amount of FederaUState funds as provided by Appendix D to FTA's Charter Service <br />regulations. <br />10. SCHOOL TRANSPORTATION AGREEMENT <br />You must enter in this School Transportation Agreement by selecting Category "10 " if you apply for State or <br />Federal assistance to acquire or operate transit facilities and equipment, unless you quay for an exception under <br />Federal law and regulations. <br />As required by 49 U.S.C. 5323(f) and (g) and FTA regulations, "School Bus Operations," 49 CFR part 605, to the <br />extent consistent with 49 U.S.C. 5323(f) and (g), the Applicant understands and agrees that: <br />1. FTA's "School Bus Operations" regulations restrict school bus service as defined in the FTA regulations using <br />facilities and equipment acquired with Federal funding derived from: <br />(1) Federal transit laws, 49 U.S.C. chapter 53, or <br />(2) 23 U.S.C. §§ 133 or 142, <br />2. FTA's school bus operations restrictions extend to: <br />a. The Applicant when it becomes a recipient of Federal funding under: <br />(1) Federal transit laws, 49 U.S.C. chapter 53, or <br />(2) 23 U.S.C. §§ 133 or 142, <br />b. Any third party participant that receives Federal funding derived from: <br />(1) Federal transit laws, 49 U.S.C. chapter 53, or <br />(2) 23 U.S.C. §§ 133 or 142, <br />c. A third party participant includes a: <br />(1) subrecipient at any tier, <br />(2) Lessee, <br />(3) Third party contractor or subcontractor at any tier, and <br />(4) Other participant in the project, <br />3. Neither the Applicant nor any third party participant involved in its Project will engage in school transportation <br />operations in competition with private operators of school transportation, except as permitted under: <br />a. Federal transit laws, specifically 49 U.S.C. § 5323(f) and (g), <br />b. FTA regulations, "School Bus Operations," 49 C.F.R. Part 605, to the extent consistent with 49 U.S.C. § <br />5323(f) and (g), <br />c. Any other Federal School Transportation regulations, or <br />d. Federal directives, except as FTA determines otherwise in writing. <br />12 <br />