Orange County NC Website
Browse       Search
FTA FISCAL YEAR 2016 CERTIFICATIONS AND ASSURANCES <br /> (4) Federal guidance, except as FTA determines otherwise in writing. <br /> e. You and your Applicant agree that the latest Charter Service Agreement selected <br /> in its latest annual Certifications and Assurances is incorporated by reference in <br /> and made part of the Underlying Agreement accompanying its Award of federal <br /> assistance from FTA. <br /> f. You and your Applicant agree that: <br /> 1 FTA may require corrective measures or impose remedies on it or an <br /> ( ) Y q p Y <br /> governmental authority or publicly owned operator that receives federal <br /> assistance from FTA appropriated or made available for its Award that has <br /> engaged in a pattern of violations of FTA's Charter Service regulations by: <br /> (a) Conducting charter operations prohibited by federal transit laws and <br /> FTA's Charter Service regulations, or <br /> (b) Otherwise violating its Charter Service Agreement selected in its latest <br /> annual Certifications and Assurances, and <br /> (2) These corrective measures and remedies may include: <br /> (a) Barring it or any Third Party Participant operating public transportation <br /> under its Award that has provided prohibited charter service from <br /> receiving federal assistance from FTA, <br /> (b) Withholding an amount of federal assistance as provided by Appendix D <br /> to FTA's Charter Service regulations, or <br /> (c) Any other appropriate remedy that may apply. <br /> 2. In addition to the exceptions to the 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 your Applicant if it seeks <br /> federal assistance appropriated or made available under 49 U.S.C. §§ 5307 or <br /> 5311 to be used for Job Access and Reverse Commute (JARC) activities that <br /> would have been eligible for assistance under former 49 U.S.C. §§ 5316 in effect <br /> in FY 2012 or a previous fiscal year,provided that it uses that federal assistance <br /> from FTA for those program purposes only. <br /> b. FTA's Charter Service restrictions do not apply to your Applicant if it seeks <br /> federal assistance appropriated or made available under 49 U.S.C. § 5310 to be <br /> used for New Freedom activities that would have been eligible for assistance <br /> under former 49 U.S.C. § 5317 in effect in FY 2012 or a previous fiscal year, <br /> provided it uses that federal assistance from FTA for those program purposes <br /> only. <br /> c. An Applicant for assistance under 49 U.S.C. chapter 53 will not be determined to <br /> have violated the FTA Charter Service regulations if that Recipient provides a <br /> private intercity or charter transportation operator reasonable access to that <br /> Recipient's federally assisted public transportation facilities, including intermodal <br /> facilities,park and ride lots, and bus-only highway lanes, as provided in 49 U.S.C. <br /> § 5323(r). <br /> 18 <br />