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9 <br /> Certifications and Assurances Fiscal Year 2024 <br /> §5310), the Formula Grants for Rural Areas Program (49 U.S.C. §5311), or combination of <br /> these two programs, unless it operates a rail fixed guideway public transportation system. <br /> If the applicant is an operator, the applicant certifies that it has established a Public <br /> Transportation Agency Safety Plan meeting the requirements of 49 U.S.C. § 5329(d)(1) and <br /> 49 CFR Part 673; including, specifically, that the board of directors (or equivalent entity) of the <br /> applicant has approved, or, in the case of an applicant that will apply for assistance under 49 <br /> U.S.C. § 5307 that is serving an urbanized area with a population of 200,000 or more, the safety <br /> committee of the entity established under 49 U.S.C. § 5329(d)(5), followed by the board of <br /> directors (or equivalent entity) of the applicant has approved, the Public Transportation Agency <br /> Safety Plan or any updates thereto; and, for each recipient serving an urbanized area with a <br /> population of fewer than 200,000, that the Public Transportation Agency Safety Plan has been <br /> developed in cooperation with frontline employee representatives. <br /> If the applicant is a State that drafts and certifies a Public Transportation Agency Safety Plan on <br /> behalf of a public transportation operator, the applicant certifies that: <br /> (a) It has drafted and certified a Public Transportation Agency Safety Plan meeting the <br /> requirements of 49 U.S.C. § 5329(d)(1) and 49 CFR Part 673 for each Small Public <br /> Transportation Provider(as that term is defined at 49 CFR § 673.5) in the State,unless <br /> the Small Public Transportation Provider provided notification to the State that it was <br /> opting out of the State-drafted plan and drafting its own Public Transportation Agency <br /> Safety Plan; and <br /> (b) Each Small Public Transportation Provider within the State that opts to use a State- <br /> drafted Public Transportation Agency Safety Plan has a plan that has been approved by <br /> the provider's Accountable Executive (as that term is defined at 49 CFR § 673.5), Board <br /> of Directors or Equivalent Authority(as that term is defined at 49 CFR § 673.5), and, if <br /> the Small Public Transportation Provider serves an urbanized area with a population of <br /> 200,000 or more, the safety committee of the Small Public Transportation Provider <br /> established under 49 U.S.C. § 5329(d)(5). <br /> CATEGORY 3. TAX LIABILITY AND FELONY CONVICTIONS. <br /> If the applicant is a business association (regardless of for profit, not for profit, or tax exempt <br /> status), it must make this certification. Federal appropriations acts since at least 2014 have <br /> prohibited FTA from using funds to enter into an agreement with any corporation that has <br /> unpaid Federal tax liabilities or recent felony convictions without first considering the <br /> corporation for debarment. E.g., Consolidated Appropriations Act, 2023, Pub. L. 117-328, <br /> div. E, tit. VII, §§ 744-745. U.S. DOT Order 4200.6 defines a "corporation"as "any private <br /> corporation,partnership, trust,joint-stock company, sole proprietorship, or other business <br /> association", and applies the restriction to all tiers of subawards. As prescribed by U.S. DOT <br /> 7 <br />