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39 <br /> FTA FISCAL YEAR 2016 CERTIFICATIONS AND ASSURANCES <br /> The following Certifications for the Passenger Ferry Grant Program are required by <br /> 49 U.S.C. § 5307(c)(1) or(h). Therefore, except as FTA determines otherwise in writing, <br /> on behalf of your Applicant, you certify that: <br /> 1. It has or will have the legal, financial, and technical capacity to carry out its Award, <br /> including the safety and security aspects of that Award. <br /> 2. It has or will have satisfactory continuing control over the use of its equipment and <br /> facilities acquired or improved under its Award. <br /> 3. It will maintain its equipment and facilities acquired or improved under its Award, in <br /> accordance with the recipient's transit asset management plan. <br /> 4. When using or involving a facility or equipment acquired or improved with federal <br /> assistance under 49 U.S.C. § 5307(h) during non-peak hours for transportation, it will <br /> ensure that the following individuals will be charged a fare not exceeding fifty <br /> (50)percent of the peak hour fare: <br /> a. Any senior, <br /> b. Any individual who, because of illness, injury, age, congenital malfunction, or <br /> any other incapacity or temporary or permanent disability(including an individual <br /> who is a wheelchair user or has semi-ambulatory capability), is unable to use a <br /> public transportation service or a public transportation facility effectively without <br /> special facilities,planning, or design, <br /> c. Any individual presenting a Medicare card issued to that individual under title II <br /> of the Social Security Act(42 U.S.C. § 401 et seq.), and <br /> d. Any individual presenting a Medicare card issued to that individual under <br /> title XVIII of the Social Security Act(42 U.S.C. § 1395 et seq.). <br /> 5. When carrying out a procurement under 49 U.S.C. § 5307(h), it will comply with: <br /> a. The applicable general provisions of 49 U.S.C. § 5323, and <br /> b. The applicable third party contract provisions of 49 U.S.C. § 5325. <br /> 6. As required by 49 U.S.C. § 5307(d): <br /> a. It has or will have the amount of funds required for the non-federal share, <br /> b. It will provide the non-federal share from sources approved by FTA, and <br /> c. It will provide the non-federal share when needed. <br /> 7. As required by 49 U.S.C. § 5307(c)(1)(H), it will comply with: <br /> a. The metropolitan transportation planning requirements of 49 U.S.C. § 5303, and <br /> b. The statewide and nonmetropolitan transportation planning requirements of <br /> 49 U.S.C. § 5304. <br /> 8. As required by 49 U.S.C. § 5307(c)(1)(I), it has a locally developed process to solicit <br /> and consider public comment before: <br /> a. Raising a fare, or <br /> b. Implementing a major reduction of public transportation service. <br /> 9. It will comply with the final federal regulations that, when issued, will implement the <br /> safety plan requirements of 49 U.S.C. § 5329(d). <br /> 34 <br />