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FTA FISCAL YEAR 2016 CERTIFICATIONS AND ASSURANCES <br /> 04.11. Charter Service Agreement. <br /> If your Applicant seeks federal assistance from FTA to acquire or operate transit <br /> facilities or equipment, the Charter Service Agreement in Category 04.B applies to your <br /> Applicant, except as FTA determines otherwise in writing. <br /> To comply with 49 U.S.C. § 5323(d)and (g) and FTA regulations, "Charter Service," <br /> 49 CFR part 604, specifically 49 CFR § 604.4,on behalf of your Applicant, you are <br /> entering into the following Charter Service Agreement: <br /> 1. FTA's "Charter Service"regulations apply as follows: <br /> a. FTA's Charter Service regulations restrict transportation by charter service using <br /> facilities and equipment acquired or improved under its Award from FTA <br /> financed with federal assistance derived from: <br /> (1) Federal transit laws, 49 U.S.C. chapter 53, <br /> (2) 23 U.S.C. §§ 133 or 142, or <br /> (3) Any other Act that provides federal public transportation assistance, unless <br /> otherwise excepted. <br /> b. FTA's charter service restrictions extend to: <br /> (1) Your Applicant, when it becomes a Recipient of federal assistance <br /> appropriated or made available for: <br /> (a) Federal transit laws, 49 U.S.C. chapter 53, <br /> (b) 23 U.S.C. §§ 133 or 142, or <br /> (c) Any other Act that provides federal public transportation assistance, <br /> unless otherwise excepted. <br /> (2) Any Third Party Participant that receives federal assistance derived from: <br /> (a) Federal transit laws, 49 U.S.C. chapter 53, <br /> (b) 23 U.S.C. §§ 133 or 142, or <br /> (c) Any other Act that provides federal public transportation assistance, <br /> unless otherwise excepted. <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 its Award. <br /> d. You and your Applicant agree that neither it nor any governmental authority or <br /> publicly owned operator that receives federal public transportation assistance <br /> appropriated or made available for its Award will engage in charter service <br /> 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 <br /> with 49 U.S.C. § 5323(d) and (g), <br /> (3) Any other federal Charter Service regulations, or <br /> 17 <br />