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45 <br /> FTA FISCAL YEAR 2017 CERTIFICATIONS AND ASSURANCES <br /> On behalf of your Applicant, you certify and assure, as required by 49 U.S.C. § 5323(o), that <br /> federal transit laws, specifically 49 U.S.C. § 5307, 49 U.S.C. § 5309, and 49 U.S.C. § 5337, <br /> apply to any Project under 49 U.S.C. chapter 53 that receives TIFIA credit assistance under <br /> 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 your Applicant's <br /> behalf, you certify that: <br /> a. 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 /> b. It has or will have satisfactory continuing control over the use of equipment and facilities <br /> acquired or improved under its Award. <br /> c. 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 /> d. For transportation during non-peak hours and using or involving a facility or equipment <br /> of an Award financed using 49 U.S.C. § 5307 funds, it will charge a fare not exceeding <br /> fifty (50)percent of the peak hour fare to the following individuals: <br /> (1) Any senior, <br /> (2) Any individual who, because of illness, injury, age, congenital malfunction, or other <br /> incapacity or temporary or permanent disability (including an individual who is a <br /> wheelchair user or has semi-ambulatory capability), is unable to use a public <br /> transportation service or a public transportation facility effectively without special <br /> facilities,planning, or design, <br /> (3) Any individual presenting a Medicare card issued to that individual under title II of <br /> the Social Security Act(42 U.S.C. § 401 etseq.), and <br /> (4) Any individual presenting a Medicare card issued to that individual under title XVIII <br /> of the Social Security Act(42 U.S.C. § 1395 et seq.). <br /> e. When carrying out a TIFIA-financed procurement, the Applicant 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 sum of <br /> 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, and <br /> (2) The statewide and nonmetropolitan planning requirements of 49 U.S.C. § 5304. <br /> i. It has a locally developed process to solicit and consider public comment before: <br /> (1) Raising a fare, or <br /> (2) Implementing a major reduction of public transportation. <br /> j. It will comply with applicable regulations, guidance, and directives that implement the <br /> Public Transportation Safety Program provisions of 49 U.S.C. § 5329(b)-(d), except as <br /> FTA determines otherwise in writing. <br /> 39 <br />