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24 <br /> FTA FISCAL YEAR 2017 CERTIFICATIONS AND ASSURANCES <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. Any Third Party Participant that receives federal assistance 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 /> 3. A Third Party Participant includes any: <br /> a. Subrecipient at any tier, <br /> b. Lessee, <br /> c. Third Party Contractor or Subcontractor at any tier, and <br /> d. Any other Third Party Participant in the Award. <br /> 4. You and your Applicant agree, and will obtain the agreement of any Third Party Participant, <br /> that it will not engage in school bus operations in competition with private operators of <br /> school buses, except as permitted under: <br /> a. Federal transit laws, specifically 49 U.S.C. § 5323(f) and (g), <br /> b. FTA regulations, "School Bus Operations," 49 CFR part 605, to the extent consistent <br /> with 49 U.S.C. § 5323(f) and(g), <br /> c. Any other federal School Bus regulations, or <br /> d. Federal guidance, except as FTA determines otherwise in writing. <br /> 5. You and your Applicant agree that the latest School Bus Agreement selected on its behalf in <br /> FTA's latest annual Certifications and Assurances is incorporated by reference and made part <br /> of the Underlying Agreement accompanying its Award of federal assistance. <br /> 6. You and your Applicant agree that after it is a Recipient, if it or any Third Party Participant <br /> has violated this School Bus Agreement, FTA may: <br /> a. Bar your Applicant or Third Party Participant from receiving further federal assistance <br /> for public transportation, or <br /> b. Require the Applicant or Third Party Participant to take such remedial measures as FTA <br /> considers appropriate. <br /> CATEGORY 05. ROLLING STOCK REVIEWS AND BUS TESTING. <br /> Before FTA may provide federal assistance for an Award to acquire rolling stock for use in <br /> revenue service or to acquire a new bus model,you must select the Rolling Stock Reviews and <br /> Bus Testing Certifications in Category 05, except as FTA determines otherwise in writing. <br /> Any provision of the Certifications in Category 05 that does not apply will not be enforced. <br /> 05.A. Rolling Stock Reviews. <br /> If your Applicant seeks federal assistance from FTA to acquire rolling stock for use in revenue <br /> service, the Rolling Stock Reviews Certifications in Category 05.A apply to your Applicant, <br /> except as FTA determines otherwise in writing. <br /> 18 <br />