Orange County NC Website
23 <br /> FTA FISCAL YEAR 2017 CERTIFICATIONS AND ASSURANCES <br /> (b) Otherwise violating its Charter Service Agreement selected in its latest annual <br /> Certifications and Assurances. <br /> (2) These corrective measures and remedies may include: <br /> (a) Barring your Applicant or any Third Party Participant operating public <br /> transportation under its Award that has provided prohibited charter service from <br /> receiving federal assistance from FTA, <br /> (b) Withholding an amount of federal assistance as provided by Appendix D to <br /> FTA's Charter Service regulations, or <br /> (c) Any other appropriate remedy that may apply. <br /> 2. In addition to the exceptions to the restrictions in FTA's Charter Service regulations, FTA <br /> has established the following additional exceptions to those restrictions: <br /> a. FTA's Charter Service restrictions do not apply to your Applicant if it seeks federal <br /> assistance appropriated or made available under 49 U.S.C. §§ 5307 or 5311 to be used for <br /> Job Access and Reverse Commute(JARC) activities that would have been eligible for <br /> assistance under former 49 U.S.C. § 5316 in effect in FY 2012 or a previous fiscal year, <br /> provided that it uses that federal assistance from FTA for those program purposes only. <br /> b. FTA's Charter Service restrictions do not apply to your Applicant if it seeks federal <br /> assistance appropriated or made available under 49 U.S.C. § 5310 to be used for New <br /> Freedom activities that would have been eligible for assistance under former 49 U.S.C. <br /> § 5317 in effect in FY 2012 or a previous fiscal year,provided it uses that federal <br /> assistance from FTA for those program purposes only. <br /> c. An Applicant for assistance under 49 U.S.C. chapter 53 will not be determined to have <br /> violated the FTA Charter Service regulations if that Recipient provides a private intercity <br /> or charter transportation operator reasonable access to that Recipient's federally assisted <br /> public transportation facilities, including intermodal facilities,park and ride lots, and bus- <br /> only highway lanes, as provided in 49 U.S.C. § 5323(r). <br /> 04.C. School Bus Agreement. <br /> If your Applicant seeks federal assistance from FTA to acquire or operate transit facilities or <br /> equipment, the School Bus Agreement in Category 04.C applies to your Applicant, except as FTA <br /> determines otherwise in writing. <br /> To comply with 49 U.S.C. § 5323(f) and(g) and FTA regulations, "School Bus Operations," <br /> 49 CFR part 605, to the extent consistent with 49 U.S.C. § 5323(f) and (g), your Applicant <br /> agrees to enter into the following School Bus Agreement: <br /> 1. FTA's "School Bus Operations" regulations at 49 CFR part 605 restricts school bus <br /> operations using facilities and equipment acquired or improved with federal assistance <br /> 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 otherwise <br /> excepted. <br /> 2. FTA's school bus operations restrictions extend to: <br /> a. Your Applicant, when it receives federal assistance appropriated or made available for: <br /> 17 <br />