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22 <br /> FTA FISCAL YEAR 2017 CERTIFICATIONS AND ASSURANCES <br /> To comply with 49 U.S.C. § 5323(d) and (g) and FTA regulations, "Charter Service, 49 CFR <br /> part 604, specifically 49 CFR § 604.4, on behalf of your Applicant, you are entering into the <br /> following Charter Service Agreement: <br /> 1. FTA's "Charter Service" regulations apply as follows: <br /> a. FTA's Charter Service regulations restrict transportation by charter service using <br /> facilities and equipment acquired or improved under an Award 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 otherwise <br /> excepted. <br /> b. FTA's charter service restrictions extend to: <br /> (1) Your Applicant, when it receives federal assistance appropriated or made available <br /> for: <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) Any Third Party Participant that receives 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 /> c. A Third Party Participant includes any: <br /> (1) Subrecipient at any tier, <br /> (2) Lessee, <br /> (3) Third Party Contractor or Subcontractor at any tier, and <br /> (4) Other Third Party Participant in its Award. <br /> d. You and your Applicant agree that neither it nor any governmental authority or publicly <br /> owned operator that receives federal public transportation assistance appropriated or <br /> made available for its Award will engage in charter service operations, except as <br /> permitted under: <br /> (1) Federal transit laws, specifically 49 U.S.C. § 5323(d) and(g), <br /> (2) FTA regulations, "Charter Service," 49 CFR part 604, to the extent consistent with <br /> 49 U.S.C. § 5323(d) and (g), <br /> (3) Any other federal Charter Service regulations, or <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 in its <br /> latest annual Certifications and Assurances is incorporated by reference and made part of <br /> the Underlying Agreement accompanying its Award of federal assistance from FTA. <br /> f. You and your Applicant agree that: <br /> (1) FTA may require corrective measures or impose remedies on it or any governmental <br /> authority or publicly owned operator that receives federal assistance from FTA that <br /> has demonstrated a pattern of violating of FTA's Charter Service regulations by: <br /> (a) Conducting charter operations prohibited by federal transit laws and FTA's <br /> Charter Service regulations, or <br /> 16 <br />