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FTA FISCAL YEAR 2016 CERTIFICATIONS AND ASSURANCES <br /> 04.C. School Bus Agreement. <br /> If your Applicant seeks federal assistance from FTA to acquire or operate transit <br /> facilities or equipment, the School Bus Agreement in Category 04.C applies to your <br /> Applicant, except as FTA determines otherwise in writing. <br /> To comply with 49 U.S.C. § 5323(f) and(g)and FTA regulations, "School Bus <br /> Operations,"49 CFR part 605,to the extent consistent with 49 U.S.C. § 5323(f)and (g), <br /> on behalf of your Applicant, you are entering into the following School Bus Agreement: <br /> 1. FTA's "School Bus Operations"regulations restrict school bus operations using <br /> facilities and equipment acquired or improved with 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, unless <br /> otherwise excepted. <br /> 2. FTA's school bus operations restrictions extend to: <br /> a. Your Applicant, when it becomes a Recipient of federal assistance appropriated or <br /> made available for: <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. Any Third Party Participant that receives 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 /> 3. A Third Party Participant includes any: <br /> a. Subrecipient at any tier, <br /> b. Lessee, <br /> c. Third Party Contractor or Subcontractor at any tier, and <br /> d. Other Third Party Participant in its Award. <br /> 4. You and your Applicant agree and will obtain the agreement of any Third Party <br /> Participant involved in your Applicant's Award that it will not engage in school bus <br /> operations in competition with private operators of school buses, except as permitted <br /> under: <br /> a. Federal transit laws, specifically 49 U.S.C. § 5323(f) and (g), <br /> b. FTA regulations, "School Bus Operations,"49 CFR part 605,to the extent <br /> consistent with 49 U.S.C. § 5323(f) and(g), <br /> c. Any other federal School Bus regulations, or <br /> d. Federal guidance, except as FTA determines otherwise in writing. <br /> 19 <br />