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48 <br /> FTA FISCAL YEAR 2016 CERTIFICATIONS AND ASSURANCES <br /> otherwise in writing. In administering this Program, the FAST Act cross-cutting <br /> requirements supersede inconsistent former requirements. <br /> On behalf of your Applicant, you certify and assure, as required by 49 U.S.C. § 5323(o), <br /> that federal transit laws, specifically 49 U.S.C. § 5307, 49 U.S.C. § 5309, and 49 U.S.C. <br /> § 5337, apply to any Project under 49 U.S.C. chapter 53 that receives TIFIA credit <br /> assistance under 23 U.S.C. §§ 601 —609. <br /> 1. To comply with 49 U.S.C. § 5307, specifically 49 U.S.C. § 5307(c)(1), on its behalf, <br /> you certify that: <br /> a. It has or will have the legal, financial, and technical capacity to carry out its <br /> Award, including the safety and security aspects of that Award. <br /> b. It has or will have satisfactory continuing control over the use of equipment and <br /> facilities acquired or improved under its Award. <br /> c. It will maintain its equipment and facilities acquired or improved under its <br /> Award, in accordance with the recipient's transit asset management plan. <br /> d. For transportation during non-peak hours and using or involving a facility or <br /> equipment of an Award financed using 49 U.S.C. § 5307 funds, it will ensure that <br /> the following individuals will be charged a fare not exceeding fifty(50)percent of <br /> the peak hour fare: <br /> (1) Any senior, <br /> (2) Any individual who, because of illness, injury, age, congenital malfunction, <br /> or other incapacity or temporary or permanent disability(including an <br /> individual who is a wheelchair user or has semi-ambulatory capability), is <br /> unable to use a public transportation service or a public transportation facility <br /> effectively without special facilities,planning, or design, <br /> (3) Any individual presenting a Medicare card issued to that individual under <br /> title II of the Social Security Act(42 U.S.C. § 401 et seq.), and <br /> (4) 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 /> e. When carrying out a TIFIA-financed procurement, it will comply with: <br /> (1) The applicable provisions of 49 U.S.C. § 5323, and <br /> (2) The applicable provisions of 49 U.S.C. § 5325. <br /> f. It has complied with or will comply with 49 U.S.C. § 5307(b). <br /> g. (1) It has or will have no more than 80 percent of the Total Award Budget as the <br /> sum of all federal grants and any TIFIA-financed awards, <br /> (2) It will provide the non-federal share from sources approved by FTA, and <br /> (3) It will provide the non-federal share when needed. <br /> h. It will comply with: <br /> (1) The metropolitan transportation planning requirements of 49 U.S.C. § 5303, <br /> and <br /> (2) The statewide and nonmetropolitan planning requirements of 49 U.S.C. <br /> § 5304. <br /> 43 <br />