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43 <br /> FTA FISCAL YEAR 2017 CERTIFICATIONS AND ASSURANCES <br /> CATEGORY 18. STATE SAFETY OVERSIGHT GRANT PROGRAM. <br /> Before FTA may provide federal assistance for an Award financed under the State Safety <br /> Oversight Grant Program authorized under 49 U.S.C. §5329(e)(6),you must select the <br /> Certifications in Category 18, except as FTA determines otherwise in writing. <br /> Any provision of the Certifications in Category 18 that does not apply will not be enforced. <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 equipment and facilities <br /> 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 and consistent with FTA <br /> regulations, "Transit Asset Management," 49 CFR part 625. <br /> 4. When carrying out a procurement under its Award, 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 /> 5. As required by 49 U.S.C. § 5329(e)(6)(C): <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 only from sources approved by FTA, and will not be <br /> met by: <br /> (1) Any federal assistance, <br /> (2) Any funds received from a public transportation agency, or <br /> (3) Any revenues earned by a public transportation agency, and <br /> c. Will provide the non-federal share when needed. <br /> 6. Depending on how far the Recipient has progressed in developing a State Safety Oversight <br /> program fully compliant with 49 C.F.R. part 674, the following FTA regulations will apply: <br /> a. States With a Fully Compliant Program. The Recipient agrees that FTA regulations, <br /> "State Safety Oversight," 49 C.F.R. part 674, will apply when its State Safety Oversight <br /> program is fully compliant with FTA's requirements; <br /> b. States Without a Fully Compliant Program. The Recipient agrees that FTA regulations, <br /> "Rail Fixed Guideway Systems; State Safety Oversight," 49 C.F.R. part 659, will <br /> continue to apply to those states that have not yet implemented a fully compliant Public <br /> Transportation Safety Program. <br /> CATEGORY 19. PUBLIC TRANSPORTATION EMERGENCY RELIEF PROGRAM. <br /> Before FTA may provide federal assistance for an Award financed under the Public <br /> Transportation Emergency Relief Program authorized under 49 U.S.C. §5324,you must select <br /> the Certifications in Category 19, except as FTA determines otherwise in writing. <br /> Any provision of the Assurance in Category 19 that does not apply will not be enforced. <br /> 37 <br />