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State Fiscal Year 2014 Public Transportation Programs
<br /> Federal and State Assistance Certifications and Assurances
<br /> 1. If the Applicant is a:
<br /> a. State,
<br /> b. Local government, or
<br /> c. Indian tribal government,and
<br /> 2. If you are applying for or will apply for 49 U.S.C.chapter 53 funding to:
<br /> a. Acquire the property of a private transit operator, or
<br /> b. Operate public transportation in competition with or in addition to a public transportation operator.
<br /> To facilitate FTA/NCDOT's ability to make the findings required by 49 U.S.C. 5323(a)(1),you assure that:
<br /> 1. The Applicant has or will have:
<br /> a. Determined that the funding is essential to carrying out a Program of Projects as required by 49 U.S.C.
<br /> 5303, 5304, and 5306,
<br /> b. Provided for the participation of private companies engaged in public transportation to the maximum
<br /> extent feasible, and
<br /> c. Paid just compensation under State or local laws to the company for any franchise or property acquired,
<br /> and
<br /> 2. The Applicant has completed the actions described in subsection 1 of this Certification before it:
<br /> a. Acquires the property or an interest in the property of a private provider of public transportation,or
<br /> b. Operates public transportation equipment or facilities:
<br /> (1) In competition with transportation service provided by an existing public transportation operator,or
<br /> (2) In addition to transportation service provided by an existing public transportation operator.
<br /> B. Charter Service Agreement
<br /> You must enter into the Charter Service Agreement in Group 03,B if you apply for funding to acquire or operate
<br /> transit facilities and equipment, unless the Applicant qualifies for an exception under Federal law and regulations,
<br /> As required by 49 U.S.C. 5323(d)and(g)and FTA regulations,"Charter Service,"49 CFR part 604,specifically 49
<br /> CFR 604.4,you are entering into the following Charter Service Agreement:
<br /> 1. General Requirements. FTA's"Charter Service"regulations apply as follows:
<br /> a. FTA's Charter Service regulations restrict transportation by charter service using facilities and equipment
<br /> acquired by FTA/NCDOT recipients for transportation Projects 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 /> b. FTA's charter service restrictions extend to:
<br /> (1) The Applicant,when it becomes a recipient/subrecipient of Federal funding authorized for or made
<br /> available for:
<br /> (a) Federal transit laws,49 U.S.C, chapter 53,or
<br /> (b) 23 U.S.C. 133 or 142,
<br /> (2) Any Third Party Participant that receives Federal funding derived from:
<br /> (a) Federal transit laws,49 U.S.C, chapter 53,or
<br /> (b) 23 U.S.C. 133 or 142,
<br /> c. A Third Party Participant includes any:
<br /> (1) Subrecipient at any tier,
<br /> (2) Lessee,
<br /> (3) Third Party Contractor or Subcontractor at any Tier, and
<br /> (4) Other Third Party Participant in your Applicant's Project,
<br /> d. The Applicant agrees that neither it nor any governmental authority or publicly owned operator that
<br /> receives FTA funding made available or authorized for the Applicant's Project will engage in charter
<br /> service operations, except as permitted under:
<br /> (1) Federal transit laws, specifically 49 U.S.C. 5323(d)and(g),
<br /> (2) FTA regulations, "Charter Service,"49 CFR part 604,to the extent consistent with 49 U.S.C, 5323(d)
<br /> and(g),
<br /> (3) Any other Federal Charter Service regulations,or
<br /> (4) Federal guidance, except as FTA determines otherwise in writing,
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