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14 <br /> Certifications and Assurances Fiscal Year 2019 <br /> 4.2. School Bus Agreement. <br /> To enforce the provisions of 49 U.S.C. §5323(t), FTA's school bus regulation requires each <br /> applicant seeking assistance from FTA for the purpose of acquiring or operating any public <br /> transportation equipment or facilities to make the following agreement regarding the provision <br /> of school bus services. 49 C.F.R. §605.15. <br /> (a) If the applicant is not authorized by the FTA Administrator under 49 C.F.R. § 605.11 to <br /> engage in school bus operations,the applicant agrees and certifies as follows: <br /> (1) The applicant and any operator of project equipment agrees that it will not engage <br /> in school bus operations in competition with private school bus operators. <br /> (2) The applicant agrees that it will not engage in any practice which constitutes a <br /> means of avoiding the requirements of this agreement,part 605 of the Federal <br /> Mass Transit Regulations, or section 164(b) of the Federal-Aid Highway Act of <br /> 1973 (49 U.S.C. 1602a(b)). <br /> (b) If the applicant is authorized or obtains authorization from the FTA Administrator to <br /> engage in school bus operations under 49 C.F.R. § 605.11,the applicant agrees as <br /> follows: <br /> (1) The applicant agrees that neither it nor any operator of project equipment will <br /> engage in school bus operations in competition with private school bus operators <br /> except as provided herein. <br /> (2) The applicant, or any operator of project equipment, agrees to promptly notify the <br /> FTA Administrator of any changes in its operations which might jeopardize the <br /> continuation of an exemption under § 605.11. <br /> (3) The applicant agrees that it will not engage in any practice which constitutes a <br /> means of avoiding the requirements of this agreement,part 605 of the Federal <br /> Transit Administration regulations or section 164(b) of the Federal-Aid Highway <br /> Act of 1973 (49 U.S.C. 1602a(b)). <br /> (4) The applicant agrees that the project facilities and equipment shall be used for the <br /> provision of mass transportation services within its urban area and that any other <br /> use of project facilities and equipment will be incidental to and shall not interfere <br /> with the use of such facilities and equipment in mass transportation service to the <br /> public. <br /> CATEGORY 5. TRANSIT ASSET MANAGEMENT PLAN. <br /> If the applicant owns, operates, or manages capital assets used to provide public transportation, <br /> the following certification is required by 49 U.S.C. §5326(a). <br /> The applicant certifies that it has, or will develop, a transit asset management plan in compliance <br /> with 49 C.F.R.Part 625. <br /> 8 <br />