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I <br /> State Fiscal Year 2014 Public Transportation Programs <br /> Federal and State Assistance Certifications and Assurances <br /> e. The Applicant agrees that the latest Charter Service Agreement it has selected in its latest annual <br /> Certifications and Assurances is incorporated by reference in and made part of the underlying Agreement <br /> accompanying an award of FTA/NCDOT funding, and <br /> f. The Applicant agrees that: <br /> (1) FTA may require corrective measures or impose remedies on it or any governmental authority or <br /> publicly owned operator that receives FTA funding made available or authorized for its Project that <br /> has engaged in a pattern of violations of FTA's Charter Service regulations by: <br /> (a) Conducting charter operations prohibited by Federal transit laws and FTA's Charter Service <br /> regulations,or <br /> (b) Otherwise violating the Applicant's Charter Service Agreement it has elected in its latest annual <br /> Certifications and Assurances, and <br /> (2) These corrective measures and remedies may include: <br /> (a) Barring the Applicant or any Third Party Participant operating public transportation under the <br /> Project that has provided prohibited charter service from receiving FTA funds, <br /> (b) Withholding an amount of Federal funds as provided by Appendix D to FTA's Charter Service <br /> regulations,or <br /> (c) Any other appropriate remedy that may apply,and <br /> 2. Exceptions.Apart from exceptions to the charter service restrictions in FTA's Charter Service Regulations, <br /> FTA has established the following additional exceptions to those restrictions: <br /> a. FTA's Charter Service restrictions do not apply to an Applicant seeking funding made available or <br /> appropriated for 49 U.S.C. 5307 to be used for Job Access and Reverse Commute(JARC)activities that <br /> would have been eligible for assistance under repealed 49 U.S.C. 5316 in effect in FY 2012 or a previous <br /> fiscal year,provided that the Applicant uses that FTA funding for program purposes only, <br /> b. FTA's Charter Service restrictions do not apply to an Applicant seeking funding made available or <br /> appropriated for 49 U.S.C. 5310 to be used for New Freedom activities that would have been eligible for <br /> assistance under repealed 49 U.S.C. 5317 in effect in FY 2012 or a previous fiscal year,provided the <br /> Applicant uses that FTA funding for program purposes only,and <br /> c. An Applicant for assistance under 49 U.S.C.chapter 53 will not be determined to have violated the FTA <br /> Charter Service regulations if that recipient/subrecipient provides a private intercity or charter <br /> transportation operator reasonable access to that recipient's federally funded public transportation <br /> facilities,including intermodal facilities, park and ride lots, and bus-only highway lanes as specified in 49 <br /> U.S.C. 5323(r), as amended by MAP-21. <br /> C. School Bus Agreement <br /> You must enter into the School Bus Agreement in Group 03.C ifyou apply for funding to acquire or operate transit <br /> facilities and equipment, unless you qualify for an exception under Federal law and regulations. <br /> As required by 49 U.S.C. 5323(f)and(g), as amended by MAP-21, and FTA regulations,"School Bus Operations," <br /> 49 CFR part 605,to the extent consistent with 49 U.S.C. 5323(f)and(g),as amended by MAP-21,you are entering <br /> into the following School Bus Agreement: <br /> 1, FTA's"School Bus Operations"regulations restrict school bus operations(as defined in the FTA regulations) <br /> using facilities and equipment acquired with 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 /> 2. FTA's school bus operations restrictions extend to: <br /> a. An Applicant,when it becomes a recipient/subrecipient of Federal funding made available or authorized <br /> for <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 /> 3. A Third Party Participant includes any: <br /> a. Subrecipient at any tier, <br /> b. Lessee, <br /> 12 <br />