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29 <br /> FTA FISCAL YEAR 2016 CERTIFICATIONS AND ASSURANCES <br /> c. An Early Systems Work Agreement, <br /> d. The Fixed Guideway Capital Investment Program financed by previous FTA <br /> enabling legislation, <br /> e. Any program that must comply with the requirements of 49 U.S.C. § 5307, or <br /> f. Any other program as FTA may specify. <br /> 08.B. Acquisition of Capital Assets by Lease. <br /> If your Applicant seeks federal assistance from FTA to acquire capital assets (other than <br /> rolling stock or related equipment) through a lease, the Acquisition of Capital Assets by <br /> Lease Certifications and Assurances in Category 08.B applies to your Applicant, except <br /> as FTA determines otherwise in writing. <br /> On behalf of your Applicant,you certify and assure that, as required by FTA regulations, <br /> "Capital Leases," 49 CFR part 639, to the extent consistent with the FAST Act, if your <br /> Applicant acquires any capital asset(other than rolling stock or related equipment) <br /> through a lease financed with federal assistance appropriated or made available under <br /> 49 U.S.C. chapter 53, it will not enter into a capital lease for which FTA can provide only <br /> incremental federal assistance unless it has adequate financial resources to meet its future <br /> lease obligations if federal assistance is not available. <br /> CATEGORY 09. TRANSIT ASSET MANAGEMENT PLAN AND <br /> PUBLIC TRANSPORTATION AGENCY SAFETY PLAN. <br /> Before FTA may provide federal assistance appropriated or made available under <br /> 49 U.S.C. chapter 53 to support an Award,you must select the Certifications in <br /> Category 09 in addition to other Certifications and Assurances you must select on your <br /> Applicant's behalf except as FTA determines otherwise in writing. <br /> Any provision of the Certifications in Category 09 that does not apply will not be <br /> enforced. <br /> 09.A. Transit Asset Management Plan. <br /> If your Applicant applies for funding appropriated or made available for 49 U.S.C. <br /> chapter 53, the Transit Asset Management Certifications in Group 09.A apply to your <br /> Applicant, except as FTA determines otherwise in writing. <br /> On behalf of your Applicant, you certify that it and each of its Subrecipients will: <br /> 1. Follow federal guidance that, when issued, will implement the transit asset <br /> management system provisions of 49 U.S.C. § 5326, except as FTA determines <br /> otherwise in writing, and <br /> 24 <br />