HomeMy WebLinkAboutDoc 196 - ODOT FTA Funding ApplicDeschutes County Board of Commissioners
1300 NW Wall St., Suite 200, Bend, OR 97701-1960
(541) 388-6570 - Fax (541) 385-3202 - www.deschutes.org
AGENDA REQUEST & STAFF REPORT
For Board Business Meeting of March 17, 2010
Please see directions for completing this document on the next page.
DATE: March 5, 2010
FROM: Judith Ure Administrative Services 541-330-4627
TITLE OF AGENDA ITEM:
Consideration and approval of Board Chair's signature on document # 2010-196 certifications and
assurances required to receive FTA funds.
PUBLIC HEARING ON THIS DATE? No.
BACKGROUND AND POLICY IMPLICATIONS:
Each biennium, Deschutes County receives funds through the Oregon Department of Transportation
(ODOT) which are then distributed to local agencies primarily for the purpose of supporting
transportation services for the elderly and disabled. One source of this funding is the Federal Transi
Administration (FTA). In order for Deschutes County to receive a portion of the FTA funds as a
subrecipient of ODOT, the Board of Commissioners must sign and submit certain Certifications and
Assurances. Attached is a copy of the Certifications and Assurances document required for the 2000-
2011 biennium. Once the document is signed, staff will send it to ODOT which will maintain a record
in compliance with FTA guidelines and regulations.
FISCAL IMPLICATIONS:
None at this time. However, pending and future grant awards are dependant on submittal of the
Certifications and Assurances document.
RECOMMENDATION & ACTION REQUESTED:
Authorize Chair's signature of FTA Certifications and Assurances document.
ATTENDANCE: Judith Ure, Management Analyst.
DISTRIBUTION OF DOCUMENTS:
Return signed document to Judith Ure.
DESCHUTES COUNTY DOCUMENT SUMMARY
(NOTE: This form is required to be submitted with ALL contracts and other agreements, regardless of whether the document is to be
on a Board agenda or can be signed by the County Administrator or Department Director. If the document is to be on a Board
agenda, the Agenda Request Form is also required. If this form is not included with the document, the document will be returned to
the Department. Please submit documents to the Board Secretary for tracking purposes, and not directly to Legal Counsel, the
County Administrator or the Commissioners. In addition to submitting this form with your documents, please submit this form
electronically to the Board Secretary.)
Date:
March 5, 2010
Please complete all sections above the Official Review line.
Contractor/Supplier/Consultant Name:
Contractor Contact:
3472
Jean Palmateer
Department:
Administrative Services
Oregon Department of Transportation
Contractor Phone #:
503 -986 -
Type of Document: Federal Certifications and Assurances (document # 2010-196)
Goods and/or Services: Document is required for the County to receive Federal
Transit Administration funding through the Special Transportation Fund, Special
Transportation Operations, Jobs and Transportation Act, and other state -managed
transportation grant programs.
Background & History: Each biennium, Deschutes County receives funds through
the Oregon Department of Transportation (ODOT) which are then distributed to local
agencies, primarily to support transportation services for the elderly and disabled. One
source of this funding is the Federal Transit Administration (FTA). In order for
Deschutes County to receive a portion of the FTA funds as a subrecipient of ODOT, the
Board of Commissioners must sign and submit certain Certifications and Assurances.
Attached is a copy of the Certifications and Assurances document required for the
2009-2011 biennium. Once the document is signed, staff will send it to ODOT which
will maintain a record in compliance with FTA guidelines and regulations.
Agreement Starting Date:
July 1, 2009
Annual Value or Total Payment:
N/AI
Ending Date:
Insurance Certificate Received (check box)
Insurance Expiration Date:
Check all that apply: N/A
RFP, Solicitation or Bid Process
[l Informal quotes (<$150K)
[7 Exempt from RFP, Solicitation or Bid Process (specify — see DCC §2.37)
[I
N/AI
June 30, 2011
Funding Source: (Included in current budget? N/A [ I Yes
If No, has budget amendment been submitted? ❑ Yes
No
No
3/8/2010
Is this a Grant Agreement providing revenue to the County? ❑ Yes ® No
Special conditions attached to this grant: N/A
Deadlines for reporting to the grantor: N/A
If a new FTE will be hired with grant funds, confirm that Personnel has been notified that
it is a grant -funded position so that this will be noted in the offer letter: N/A ❑ Yes
❑ No
Contact information for the person responsible for grant compliance:
Name: Jean Palmateer, ODOT Public Transit Manager
Phone #: 503-986-3472
Departmental Contact and Title: Judith Ure,Management Analyst
Phone #: 541-330-4627
Department Director Approval:---' , -_
Signat re Date
Distribution of Document: Who gets the original document and/or copies after it has
been signed? Include complete information if the document is to be mailed.
Judith Ure, Department of Administrative Services
Official Review:
County Signature Required (check one): ❑ BOCC ❑ Department Director (if <$25K)
❑ Administrator (if >$25K but <$150K; if >$150K, BOCC Order No.
Legal Review Date
-
DC201.4-19
!J C.F y'
Document Number
3/8/2010
53544 Federal Register/Vol. 74, No. 200 /Monday, October 19, 2009 /Notices
49 CFR 387.9; and motor carrier of
passengers -49 CFR 387.33). FMCSA
and the public can verify that a motor
carrier of property or passengers has
obtained, and has in effect, the required
minimum levels of financial
responsibility, by use of the information
enclosed within these documents.
Title: Financial Responsibility for
Motor Carrier of Passengers and Motor
Carriers of Property.
OMB Control Number: 2126-0008.
Type of Request: Revision of a
currently -approved information
collection.
Respondents: Insurance and surety
companies of motor carriers of property
(Forms MCS -90 and MCS -82) and
motor carriers of passengers (Forms
MCS -90B and MCS -82B).
Estimated Number of Respondents:
175,338.
Estimated Time per Response: The
FMCSA estimates it takes two minutes
to complete the Endorsement for Motor
Carrier Policies of Insurances for Public
Liability or three minutes for the Motor
Carrier Public Liability Surety Bond;
and one minute to place either
document on board the vehicle (foreign -
domiciled motor carriers only) [49 CFR
387(f)]. These endorsements are
maintained at the motor carrier's
principal place of business [49 CFR
387.7(iii)(d)].
Expiration Date: March 31, 2010.
Frequency of Response: Upon
creation, change or replacement of an
insurance policy or surety bond.
Estimated Total Annual Burden: 4,
056 burden hours [182 hours for
Passenger Carriers + 3,401 hours for
Property Carriers + 33 hours for
Property Carrier Surety Bonds) + 440
hours for placing financial
responsibility documents in Canada -
domiciled and Mexico- and Non -North
America (NNA)-domiciled carriers].
Public Comments Invited: You are
asked to comment on any aspect of this
information collection, including: (1)
Whether the proposed collection is
necessary for the performance of
FMCSA's functions; (2) the accuracy of
the estimated burden; (3) ways for the
FMCSA to enhance the quality,
usefulness, and clarity of the collected
information; and (4) ways that the
burden could be minimized without
reducing the quality of the collected
information. The agency will summarize
or include your comments in the request
for OMB's clearance of this information
collection.
Issued on: October 9, 2009.
David Anewalt,
Acting Associate Administrator, for Research
and Information Technology.
[FR Doc. E9-25071 Filed 10-16-09; 8:45 am]
BILLING CODE 4910 -EX -P
DEPARTMENT OF TRANSPORTATION
Federal Transit Administration
Federal Fiscal Year 2010 Annual List of
Certifications and Assurances for
Federal Transit Administration Grants
and Cooperative Agreements
AGENCY: Federal Transit Administration,
DOT.
ACTION: Notice.
SUMMARY: Pursuant to 49 U.S.C. 5323(n),
FTA is authorized to consolidate the
certifications and assurances required
by Federal law or regulations for its
programs into a single document. FTA
is also required by 49 U.S.C. 5323(n) to
publish a list of those certifications and
assurances annually.
Appendix A of this Notice contains
the comprehensive compilation of
FTA's Certifications and Assurances for
Federal Fiscal Year (Federal FY) 2010
applicable to the various Federal
assistance programs that FTA will
administer during that Federal FY.
FTA's Certifications and Assurances for
Federal FY 2010 reflect Federal
statutory, regulatory, and programmatic
changes that have now become effective.
DATES: Effective Date: These FTA
Certifications and Assurances are
effective on October 1, 2009, the first
day of Federal FY 2010.
FOR FURTHER INFORMATION CONTACT: FTA
staff in the appropriate FTA Regional
Office or FTA Metropolitan Office listed
below. For copies of other related
documents, see the FTA Web site at
http://www.fta.dot.govor contact FTA's
Office of Administration at 202-366-
4022.
Region 1: Boston
States served: Connecticut (bus only),
Maine, Massachusetts, New Hampshire,
Rhode Island, and Vermont. Telephone
# 617-494-2055.
Region 2: New York
States served: Connecticut (rail only),
New York, and New Jersey. Telephone
# 212-668-2170.
Region 3: Philadelphia
States served: Delaware, Maryland,
Pennsylvania, Virginia, and West
Virginia. Telephone # 215-656-7100.
Region 4: Atlanta
States served: Alabama, Florida,
Georgia, Kentucky, Mississippi, North
Carolina, South Carolina, Tennessee,
Territories served: Puerto Rico and the
U.S. Virgin Islands. Telephone # 404-
865-5600.
Region 5: Chicago
States served: Illinois, Indiana,
Michigan, Minnesota, Ohio, and
Wisconsin. Telephone # 312-353-2789
Region 6: Dallas/Ft. Worth
States served: Arkansas, Louisiana,
New Mexico, Oklahoma, and Texas.
Telephone # 817-978-0550.
Region 7: Kansas City
States served: Iowa, Kansas, Missouri
and Nebraska. Telephone # 816-329-
3920.
Region 8: Denver
States served: Colorado, Montana,
North Dakota, South Dakota, Utah, and
Wyoming. Telephone # 720-963-3300.
Region 9: San Francisco
States served: Arizona, California,
Hawaii, Nevada, Territories served:
Guam, American Samoa, and the
Northern Mariana Islands. Telephone #
415-744-3133.
Region 10: Seattle
States served: Alaska, Idaho, Oregon,
and Washington. Telephone # 206-220
7954.
Chicago Metropolitan Office
Area served: Chicago Metropolitan
Area. Telephone # 312-886-1616.
Los Angeles Metropolitan Office
Area served: Los Angeles
Metropolitan Area. Telephone # 213-
202-3950.
Lower Manhattan Recovery Office
Area served: Lower Manhattan.
Telephone # 212-668-1770.
New York Metropolitan Office
Area served: New York Metropolitan
Area. Telephone # 212-668-2201.
Philadelphia Metropolitan Office
Area served: Philadelphia
Metropolitan Area. Telephone # 215-
656-7070.
Washington DC Metropolitan Office
Area served: Washington DC
Metropolitan Area. Telephone # 202-
219-3562/219-3565.
SUPPLEMENTARY INFORMATION:
1. Purposes
The purposes of this Notice are to:
Federal Register / Vol. 74, No. 200 / Monday, October 19, 2009 / Notices 5354;i
• Publish FTA's Federal FY 2010
Certifications and Assurances for
Applicants for Federal assistance
administered by FTA and the Projects
for which they seek Federal assistance.
• Highlight new changes to the FTA
Certifications and Assurances now in
effect.
• Identify locations where these FTA
Certifications and Assurances may be
viewed, and
• Provide directions for submitting
these FTA Certifications and
Assurances.
2. Background
a. FTA's Responsibilities. Since
Federal FY 1995, FTA has been
consolidating the various certifications
and assurances that may be required of
its Applicants and their projects into a
single document for publication in the
Federal Register. FTA intends to
continue publishing this document
annually, when feasible in conjunction
with its publication of the FTA annual
apportionment notice, which sets forth
the allocations of funds made available
by the latest U.S. Department of
Transportation (U.S. DOT) annual
appropriations act. Because U.S. DOT's
full -year appropriations for Federal FY
2010 were not signed into law on
October 1, 2010 (the first day of Federal
FY 2010), and have not yet been signed
into law, FTA is proceeding with
publication of its Certifications and
Assurances for FY 2010.
b. Applicant's Responsibilities.
Irrespective of whether a project will be
financed under the authority of 49
U.S.C. chapter 53, Title 23, United
States Code, or another Federal statute,
the Applicant must submit Federal FY
2010 Certifications and Assurances to
FTA applicable to all projects for which
the Applicant seeks funding during
Federal FY 2010.
FTA requests that an Applicant
submit all of the twenty-four (24)
categories of the Certifications and
Assurances that may be needed for all
projects for which the Applicant intends
to or might seek Federal assistance in
the Federal FY 2010. Selecting and
submitting these Certifications and
Assurances to FTA signifies the
Applicant's intent and ability to comply
with all applicable provisions thereof.
In order to assure FTA that the
Applicant is authorized under State and
local law to certify compliance with the
FTA Certifications and Assurances it
has selected, FTA requires the
Applicant to obtain a current (Federal
FY 2010) affirmation signed by the
Applicant's attorney affirming the
Applicant's legal authority to certify its
compliance with the FTA Certifications
and Assurances that the Applicant has
selected. The Applicant's attorney must
sign this affirmation during Federal FY
2010. Irrespective of whether the
Applicant makes a single selection of all
twenty-four (24) categories of FTA
Certifications and Assurances or selects
individual categories from the FTA
Certifications and Assurances, the
Affirmation of Applicant's Attorney
from a previous Federal FY is not
acceptable, unless FTA expressly
determines otherwise in writing.
c. Effect of Subrecipient Participation.
Absent a written determination by FTA
to the contrary, the Applicant itself is
ultimately responsible for compliance
with the FTA Certifications and
Assurances it has selected even though
the Project may be carried out in whole
or in part by one or more subrecipients.
Thus, if subrecipients will be
participating in the Project, when the
Applicant submits its FTA Certifications
and Assurances, the Applicant is also
signifying that it will be responsible for
compliance, both of itself and of each of
its subrecipients, with the provisions of
the FTA Certifications and Assurances it
has selected. Therefore, in providing
Certifications and Assurances that
necessarily involve the compliance of
any prospective subrecipient, FTA
strongly recommends that the Applicant
take the appropriate measures,
including but not limited to obtaining
sufficient documentation from each
subrecipient participating in the project,
to assure the validity of the Applicant's
Certifications and Assurances to FTA.
3. Significant Information About FTA's
Certifications and Assurances for
Federal FY 2010
a. Legal Implications
(1) Binding Commitments. Because
the Applicant is required by Federal law
and regulations to comply with the
applicable provisions of all FTA
Certifications and Assurances it
submits, it is important that the
Applicant be familiar with the
provisions of all twenty-four (24)
categories of FTA Certifications and
Assurances for Federal FY 2010. The
text of those Certifications and
Assurances is contained in Appendix A
of this Notice, and also appears at
http://www.fta.dot.goy/documents/
2010-Certs-Appendix.A.pdf, and in
FTA's electronic award and
management system, TEAM—Web,
http://ftoteomweb.fta.dot.gov, at the
"Cert's & Assurances" tab of the "View/
Modify Recipients" page in the
"Recipients" option. Provisions of this
Notice supersede conflicting statements
in any FTA circular containing a
previous version of FTA's annual
Certifications and Assurances. The
Certifications and Assurances containel.
in those FTA circulars are merely
examples, and are not acceptable or
valid for Federal FY 2010.
An Applicant's annual Certifications
and Assurances to FTA generally
remain in effect for either the duration
of the Grant or Cooperative Agreement
supporting the Project until the Project
is closed out or for the duration of the
Project or Project property when a
useful life or industry standard is in
effect, whichever occurs later. If,
however, the Applicant provides
Certifications and Assurances to FTA ii
a later year that differ from the
Certifications and Assurances
previously provided, the later
Certifications and Assurances will appl
to the Grant, Cooperative Agreement,
Project, or Project property, except to
the extent FTA permits otherwise in
writing.
(2) Penalties for Noncompliance. If
the Applicant makes a false, fictitious,
or fraudulent claim, statement,
submission, certification, assurance, or
representation to the Federal
government or includes a false,
fictitious, or fraudulent statement or
representation in any agreement with
the Federal government in connection
with a Project authorized under 49
U.S.C. chapter 53 or any other Federal
law, the Federal government reserves
the right to impose on the Applicant till
penalties of the Program Fraud Civil
Remedies Act of 1986, as amended, 31
U.S.C. 3801 et seq., and implementing
U.S. DOT regulations, "Program Fraud
Civil Remedies," 49 CFR part 31, or the
penalties of 49 U.S.C. 5323(1) invoking
the criminal provisions of 18 U.S.C.
1001, or other applicable Federal law to
the extent the Federal government
deems appropriate.
(3) FTA's Certifications and
Assurances Constitute Only a Partial
List of Federal Requirements. FTA
cautions that the FTA Certifications an(:
Assurances required by Federal law amc
regulations do not address all the
Federal requirements that will apply to
the Applicant and its Project. FTA's
Certifications and Assurances are
generally pre -award requirements, i.e.,
those requirements of Federal law and
regulations the Applicant must fulfill
before FTA is legally authorized to
award Federal financial assistance to ar.
Applicant.
(4) Other Federal Requirements.
Because FTA's Certifications and
Assurances do not encompass all
Federal requirements that will apply to
the Applicant and its Project, FTA
strongly encourages the Applicant to
53546 Federal Register/ Vol. 74, No. 200 / Monday, October 19, 2009 / Notices
review the Federal authorizing
legislation, regulations, and directives
pertaining to the program or programs
for which the Applicant seeks Federal
assistance. The FTA Master Agreement
for Federal FY 2010 at http://
www.fta.dot.gov/documents/16-
Master.pdf identifies a substantial
number of those Federal laws,
regulations, and directives that apply to
Applicants and their various projects.
b. Importance of FTA's Certifications
and Assurances for Federal FY 2010.
Following publication of these
Certifications and Assurances, FTA may
not award Federal financial assistance
through a Federal Grant or Cooperative
Agreement until the Applicant submits
all of the FTA Certifications and
Assurances for Federal FY 2010
pertaining to itself and its project as
required by Federal laws and
regulations. The Applicant's
Certifications and Assurances for
Federal FY 2010 will be applicable to all
projects for which it seeks Federal
assistance during Federal FY 2010 and
through the next Federal FY until FTA
issues its annual Certifications and
Assurances for Federal FY 2011.
c. Federal FY2010 Changes. Apart
from minor editorial revisions,
significant matters concerning FTA's
Certifications and Assurances include
the following:
(1) In the Introductory paragraphs
preceding the text of FTA's
Certifications and Assurances, the FTA
Web site for the FTA Master Agreement
for Federal FY 2010 is identified as
http://www.fta.dot.gov/documents/16-
Master. pd f.
(2) Certification (01)F.5(g) has been
revised to substitute a more specific
citation to the confidentiality provisions
of the Public Health Service Act of 1912,
as amended, in lieu of the general
citation to the Public Health Service Act
of 1912.
(3) The text of Certification (02),
"Lobbying Certification," has been
revised for consistency with terms used
in the Transportation Infrastructure
Finance and Innovation Act, 23 U.S.C.
chapter 6, and to add a reference to
OMB's Standard Form -LLL, "Disclosure
of Lobbying Activities," Rev. 7-97,
currently in use.
(4) The heading of Certification (23)
has been changed from "Infrastructure
Finance Projects" to "TIFIA Projects"
for clarity. The acronym "TIFIA" has
thus been substituted for the term
"Infrastructure Finance" where used
previously.
(5) Although the American Recovery
and Reinvestment Act of 2009, Public
Law 111-5, February 17, 2009
("Recovery Act") requires the
submission of certain certifications, as a
condition of Recovery Act funding,
Recovery Act certifications are
submitted individually and separately
as required by that Act, rather than as
a part of FTA's Annual Certifications
and Assurances. For that reason, we
have not added a new category for
annual Recovery Act certifications and
assurances.
d. When to Submit. All Applicants for
FTA formula program or capital
program assistance, and current FTA
Grantees with an active project financed
with FTA formula program or capital
program assistance, are expected to
provide their FTA Certifications and
Assurances for Federal FY 2010 within
90 days from the date of this publication
or as soon as feasible after their first
application for Federal assistance
authorized or made available for Federal
FY 2010, whichever is earlier. In
addition, FTA encourages Applicants
seeking Federal assistance for other
projects to submit their FTA
Certifications and Assurances to FTA as
soon as possible to expedite awards of
FTA assistance.
4. Ways To Submit FTA Certifications
and Assurances
As further explained, FTA will accept
an Applicant's Certifications and
Assurances submitted either in TEAM—
Web at http://ftateamweb.fta.dot.gov, or
on paper containing the text set forth on
the Signature Page(s) of Appendix A of
this Notice. In order of preference, FTA
permits:
a. Electronic Submission in Team -
Web. An Applicant registered in TEAM—
Web must submit its FTA Certifications
and Assurances, as well as its
applications for Federal assistance in
TEAM—Web. FTA prefers that other
Applicants for Federal assistance submit
their FTA Certifications and Assurances
through TEAM—Web.
The TEAM—Web "Recipients" option
at the "Cert's & Assurances" tab of the
"View/Modify Recipients" page
contains fields for selecting among the
twenty-four (24) categories of FTA
Certifications and Assurances to be
submitted. There is also a field for
entering a single selection covering all
twenty-four (24) categories of FTA
Certifications and Assurances.
Within the "Cert's & Assurances" tab
is a field for the Applicant's authorized
representative to enter his or her
personal identification number (PIN),
which constitutes the Applicant's
electronic signature for the FTA
Certifications and Assurances selected.
In addition, there is a field for the
Applicant's attorney to enter his or her
PIN, affirming the Applicant's legal
authority to make and comply with the
FTA Certifications and Assurances the
Applicant has selected. The Applicant',
authorized representative may enter hi;,
or her PIN in lieu of the Attorney's PIN.
provided that the Applicant has a
current Affirmation of Applicant's
Attorney as set forth in Appendix A of
this Notice, written and signed by the
attorney in Federal FY 2010.
For more information, the Applicant
may contact the appropriate FTA
Regional Office or Metropolitan Office
listed in this Notice or the TEAM—Web
Helpdesk.
b. Paper Submission. Only if the
Applicant is unable to submit its FTA
Certifications and Assurances in
TEAM—Web may the Applicant submit
its FTA Certifications and Assurances
on paper.
If an Applicant is unable to submit it
FTA Certifications and Assurances
electronically, it must mark the
categories of FTA Certifications and
Assurances it is making on the
Signature Page(s) in Appendix A of thi!.
Notice and submit them to FTA. The
Applicant may signify compliance with
all categories by placing a single mark
in the appropriate space or select the
categories applicable to itself and its
projects.
The Applicant must enter its
signature on the Signature Page(s) and
must provide an Affirmation of
Applicant's Attorney pertaining to the
Applicant's legal capacity to make and
comply with the Certifications and
Assurances the Applicant has selected.
The Applicant may enter its signature i i
lieu of its Attorney's signature in the
Affirmation of Applicant's Attorney
section of the Signature Page(s),
provided that the Applicant has on file
the Affirmation of Applicant's Attorne}
as set forth in Appendix A of this
Notice, written and signed by the
attorney and dated in Federal FY 2010.
For more information, the Applicant
may contact the appropriate FTA
Regional Office or Metropolitan Office
listed in this Notice.
Authority. 49 U.S.C. chapter 53; the Safe,
Accountable, Flexible, Efficient
Transportation Equity Act: A Legacy for
Users (SAFETEA—LU), as amended by the
SAFETEA—LU Technical Corrections Act,
2008, Public Law 110-244, June 6, 2008;
Title 23, United States Code (Highways);
other Federal laws administered by FTA;
U.S. DOT and FTA regulations at Title 49,
Code of Federal Regulations; and FTA
Circulars.
Issued in Washington, DC, this 8th day of
October 2009.
Peter M. Rogoff,
Administrator.
BILLING CODE 4910-57-P
53578 Federal Register/Vol. 74, No. 200 /Monday, October 19, 2009 /Notices
[FR Doc. E9-24922 Filed 10-16-09; 8:45 am]
BILLING CODE 4910-57-C
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
[Docket No. FMCSA-2009-0271]
Identification of Interstate Motor
Vehicles: New York City, Cook County
and New Jersey Tax Identification
Requirements; Petition for
Determination
AGENCY: Federal Motor Carrier Safety
Administration (FMCSA), Department
of Transportation (DOT).
ACTION: Notice of Petition for
Determination; request for comments.
SUMMARY: FMCSA is inviting all
interested persons to comment on three
petitions submitted by the American
Trucking Associations (ATA) requesting
determinations that the Commercial
Motor Vehicle (CMV) identification
requirements imposed by the State of
New Jersey, New York City, and Cook
County, Illinois are preempted by
Federal law. The Safe, Accountable,
Flexible, Efficient Transportation Equity
Act: A Legacy for Users (SAFETEA—LU)
prohibits States and their political
subdivisions from requiring motor
carriers to display in or on CMVs any
form of identification other than forms
required by the Secretary of
Transportation, with certain exceptions.
FMCSA seeks comment on whether the
credential display requirements
described below are preempted or
whether they qualify for the relevant
exception codified at 49 U.S.C.
14506(b)(3).
DATES: Comments are due on or before
November 18, 2009.
ADDRESSES: You may submit comments
identified by the Federal Docket
Management System Number in the
heading of this document by any of the
following methods. Do not submit the
same comments by more than one
method. However, to allow effective
public participation before the comment
period deadline, the Agency encourages
use of the Web site that is listed first.
It will provide the most efficient and
timely method of receiving and
processing your comments.
• Federal eRulemaking Portal: Go to
http://www.regulations.gov. Follow the
online instructions for submitting
comments.
• Fax: 1-202-493-2251.
• Mail: Docket Management Facility;
U.S. Department of Transportation,
Room W12-140, 1200 New Jersey
Avenue, SE., Washington, DC 20590-
0001.
• Hand Delivery: Ground floor, Room
W12-140, 1200 New Jersey Avenue, SE.,
Washington, DC, between 9 a.m. and 5
p.m., e.t., Monday through Friday,
except Federal holidays.
Instructions: All submissions must
include the Agency name and docket
number for this action. Note that all
comments received will be posted
without change to http://
www.regulations.gov, including any
personal information provided. Refer to
the Privacy Act heading on http://
www.regulations.gov for further
information.
Public Participation: The
regulations.gov system is generally
available 24 hours each day, 365 days
each year. You can find electronic
submission and retrieval help and
guidelines under the "Help" section of
the Web site. For notification that
FMCSA received the comments, please
include a self-addressed, stamped
envelope or postcard, or print the
acknowledgement page that appears
after submitting comments on line.
Copies or abstracts of all documents
referenced in this notice are in the
docket: FMCSA-2009-0271. For access
to the docket to read background
documents or comments received, go to
http://www.regulations.govat any time
or to Room W12-140, 1200 New Jersey
Avenue, SE., Washington, DC, between
9 a.m. and 5 p.m., e.t., Monday through
Friday, except Federal holidays. All
comments received before the close of
business on the comment closing date
indicated above will be considered and
will be available for examination in the
docket at the above address. Comments
received after the closing date will be
considered to the extent practicable.
FMCSA may, however, issue a final
determination at any time after the close
of the comment period. In addition to
late comments, FMCSA will also
continue to file in the public docket
relevant information that becomes
available after the comment closing
date. Interested persons should monitor
the public docket for new material.
FOR FURTHER INFORMATION CONTACT:
Genevieve D. Sapir, Office of the Chief
Counsel, Federal Motor Carrier Safety
Administration, 1200 New Jersey
Avenue, SE., Washington, DC 20590,
(202) 366-7056; e-mail
Genevieve.Sapir@dot.gov.
SUPPLEMENTARY INFORMATION:
Background
New Jersey's Tax Code requires all
motor carriers hauling, transporting, or
delivering fuel to display a Motor Fuel
Transport License Plate and annual
Transport License Certificate. This
requirement applies to all motor carriers
hauling, transporting, or delivering fuel
in New Jersey regardless of their State
of domicile or registration. New Jersey
Statutes Annotated § 54:39-41 and
§ 54:39-53.
New York City's Administrative Code
requires CMVs used principally in the
city or used principally in connection
with a business carried on within the
city to pay a tax and display a stamp.
The requirement appears to apply
whether or not the CMV is registered to
an address in New York City.1
Cook County's Code of Ordinances
requires motor vehicle owners residing
within the unincorporated area of Cook
County to: (a) Display a window sticker
showing payment of fees; and (b) paint
business vehicle identification
information on their vehicles. Article
XIV of chapter 74 of the Cook County
Code of Ordinances is referred to as the
"Cook County Wheel Tax on Motor
Vehicles Ordinance," and was amended
most recently on March 4, 2009.
Section 4306 of SAFETEA—LU,
codified at 49 U.S.C. 14506(a), prohibits
States from requiring motor carriers to
display in or on CMVs any form of
identification other than forms required
by the Secretary of Transportation.
However, § 14506(b)(3) provides, in
part, that "a State may continue to
require display of credentials that are
required * * * under a State law
regarding motor vehicle license plates o
other displays that the Secretary
determines are appropriate." This
authority has been delegated to FMCSA
by 49 CFR 1.73 (a)(7). FMCSA believes
that Congress intended to limit the
exception at §14506(b)(3) to two
categories of requirements. The first
includes identification requirements
related to motor vehicle license plates.
The second includes any other
identification displays that the Secretary
of Transportation approves.
FMCSA seeks comment on whether
the referenced identification display
requirements are preempted by Federal
law. Specifically, the Agency seeks
comment on: (1) Whether New Jersey's,
New York City's, and/or Cook County's
credential display requirements qualify
as identification requirements related to
motor vehicle license plates; and/or (2)
whether there is any other reason
FMCSA should consider approving
these requirements under 49 U.S.C.
1 Chapter 8 of Title 11 of the New York City
Administrative Code Tax on Commercial Motor
Vehicles and Motor Vehicles for Transportation of
Passengers.
Federal Register / Vol. 74, No. 200 / Monday, October 19, 2009 / Notices 53547
APPENDIX A
FEDERAL FISCAL YEAR 2010 CERTIFICATIONS AND ASSURANCES FOR
FEDERAL TRANSIT ADMINISTRATION ASSISTANCE PROGRAMS
PREFACE
In accordance with 49 U.S.C. 5323(n), the following certifications and assurances have been
compiled for Federal Transit Administration (FTA) assistance programs. FTA requests each
Applicant to provide as many certifications and assurances as needed for all programs for which
the Applicant intends to seek FTA assistance during Federal Fiscal Year 2010. Category 01
applies to all Applicants. Category 02 applies to all applications for Federal assistance in excess
of $100,000. Categories 03 through 24 will apply to and be required for some, but not all,
Applicants and projects. An Applicant may select a single certification that will cover all the
programs for which it anticipates submitting an application. FTA requests each Applicant to
read each certification and assurance carefully and select all certifications and assurances that
may apply to the programs for which it expects to seek Federal assistance.
FTA and the Applicant understand and agree that not every provision of these certifications and
assurances will apply to every Applicant or every project for which FTA provides Federal
financial assistance through a Grant Agreement or Cooperative Agreement. The type of project
and the section of the statute authorizing Federal financial assistance for the project will
determine which provisions apply. The terms of these certifications and assurances reflect
applicable requirements of FTA's enabling legislation currently in effect.
The Applicant also understands and agrees that these certifications and assurances are special
pre -award requirements specifically prescribed by Federal law or regulation and do not
encompass all Federal laws, regulations, and directives that may apply to the Applicant or its
project. A comprehensive list of those Federal laws, regulations, and directives is contained in
the current FTA Master Agreement MA(16) for Federal Fiscal Year 2010 at the FTA Web site
http://www.fta.dot.Rov/documents/16-Master.pdf The certifications and assurances in this
document have been streamlined to remove most provisions not covered by statutory or
regulatory certification or assurance requirements.
Because many requirements of these certifications and assurances will require the compliance of
the subrecipient of an Applicant, we strongly recommend that each Applicant, including a State,
that will be implementing projects through one or more subrecipients, secure sufficient
documentation from each subrecipient to assure compliance, not only with these certifications
and assurances, but also with the terms of the Grant Agreement or Cooperative Agreement for
the project, and the applicable Master Agreement for its project, if applicable, incorporated
therein by reference. Each Applicant is ultimately responsible for compliance with the provisions
of the certifications and assurances applicable to itself or its project irrespective of participation
in the project by any subrecipient. The Applicant understands and agrees that when it applies for
FTA assistance on behalf of a consortium, joint venture, partnership, or team, each member of
that consortium, joint venture, partnership, or team is responsible for compliance with the
certifications and assurances the Applicant selects.
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APPENDIX A
FTA strongly encourages each Applicant to submit its certifications and assurances through
TEAM -Web, FTA's electronic award and management system, at http://ftateamweb.fta.dot.gov.
Twenty-four (24) Categories of certifications and assurances are listed by numbers 01 through
24 in the TEAM -Web "Recipients" option at the "Cert's & Assurances" tab of "View/Modify
Recipients. " Should the Applicant choose not to submit its certifications and assurances through
TEAM -Web, the Applicant may submit its certifications and assurances on paper by submitting
the Signature Page(s) at the end of this document, indicating the certifications and assurances it
is making on one side of the document or on one page, and signing its affirmation and that of its
attorney on the other side or other page.
01. ASSURANCES REQUIRED FOR EACH APPLICANT
Each Applicant for FTA assistance must provide all assurances in this Category "01." Except to
the extent that FTA expressly determines otherwise in writing, FTA may not award any Federal
assistance until the Applicant provides the following assurances by selecting Category "01."
A. Assurance of Authority of the Applicant and Its Representative
The authorized representative of the Applicant and the attorney who sign these certifications,
assurances, and agreements affirm that both the Applicant and its authorized representative have
adequate authority under applicable State, local, or Indian tribal law and regulations, and the
Applicant's by-laws or internal rules to:
(1) Execute and file the application for Federal assistance on behalf of the Applicant;
(2) Execute and file the required certifications, assurances, and agreements on behalf of the
Applicant binding the Applicant; and
(3) Execute grant agreements and cooperative agreements with FTA on behalf of the Applicant.
B. Standard Assurances
The Applicant assures that it will comply with all applicable Federal statutes and regulations in
carrying out any project supported by an FTA grant or cooperative agreement. The Applicant
agrees that it is under a continuing obligation to comply with the terms and conditions of the
grant agreement or cooperative agreement with FTA issued for its project. The Applicant
recognizes that Federal laws and regulations may be modified from time to time and those
modifications may affect project implementation. The Applicant understands that Presidential
executive orders and Federal directives, including Federal policies and program guidance may be
issued concerning matters affecting the Applicant or its project. The Applicant agrees that the
most recent Federal laws, regulations, and directives will apply to the project, unless FTA issues
a written determination otherwise.
C. Intergovernmental Review Assurance
Except if the Applicant is an Indian tribal government seeking assistance authorized by
49 U.S.C. 5311(c)(1), the Applicant assures that each application for Federal assistance it
submits to FTA has been submitted or will be submitted for intergovernmental review to the
Federal Register / Vol. 74, No. 200 /Monday, October 19, 2009 /Notices 53549
APPENDIX A
appropriate State and local agencies as determined by the State. Specifically, the Applicant
assures that it has fulfilled or will fulfill the obligations imposed on FTA by U.S. Department of
Transportation (U.S. DOT) regulations, "Intergovernmental Review of Department of
Transportation Programs and Activities," 49 CFR part 17. This assurance does not apply to
Applicants for Federal assistance under FTA's Tribal Transit Program, 49 U.S.C. 5311(c)(1).
D. Nondiscrimination Assurance
As required by 49 U.S.C. 5332 (which prohibits discrimination on the basis of race, color, creed,
national origin, sex, or age, and prohibits discrimination in employment or business opportunity),
by Title VI of the Civil Rights Act of 1964, as amended, 42 U.S.C. 2000d, and by U.S. DOT
regulations, "Nondiscrimination in Federally -Assisted Programs of the Department of
Transportation -Effectuation of Title VI of the Civil Rights Act," 49 CFR part 21 at 21.7, the
Applicant assures that it will comply with all requirements imposed by or issued pursuant to
49 U.S.C. 5332, 42 U.S.C. 2000d, and 49 CFR part 21, so that no person in the United States, on
the basis of race, color, national origin, creed, sex, or age will be excluded from participation in,
be denied the benefits of, or otherwise be subjected to discrimination in any program or activity
(particularly in the level and quality of transportation services and transportation -related
benefits) for which the Applicant receives Federal assistance awarded by the U.S. DOT or FTA.
Specifically, during the period in which Federal assistance is extended to the project, or project
property is used for a purpose for which the Federal assistance is extended or for another purpose
involving the provision of similar services or benefits, or as long as the Applicant retains
ownership or possession of the project property, whichever is longer, the Applicant assures that:
(1) Each project will be conducted, property acquisitions will be undertaken, and project
facilities will be operated in accordance with all applicable requirements of 49 U.S.C. 5332,
42 U.S.C. 2000d, and 49 CFR part 21, and understands that this assurance extends to its
entire facility and to facilities operated in connection with the project;
(2) It will promptly take the necessary actions to effectuate this assurance, including notifying
the public that complaints of discrimination in the provision of transportation -related
services or benefits may be filed with U.S. DOT or FTA. Upon request by U.S. DOT or
FTA, the Applicant assures that it will submit the required information pertaining to its
compliance with these provisions;
(3) It will include in each subagreement, property transfer agreement, third party contract, third
party subcontract, or participation agreement adequate provisions to extend the requirements
imposed by or issued pursuant to 49 U.S.C. 5332, 42 U.S.C. 2000d and 49 CFR part 21 to
other parties involved therein including any subrecipient, transferee, third party contractor,
third party subcontractor at any level, successor in interest, or any other participant in the
project;
(4) Should it transfer real property, structures, or improvements financed with Federal
assistance provided by FTA to another party, any deeds and instruments recording the
transfer of that property shall contain a covenant running with the land assuring
nondiscrimination for the period during which the property is used for a purpose for which
the Federal assistance is extended or for another purpose involving the provision of similar
services or benefits;
53550 Federal Register/ Vol. 74, No. 200 /Monday, October 19, 2009 /Notices
APPENDIX A
(5) The United States has a right to seek judicial enforcement with regard to any matter arising
under Title VI of the Civil Rights Act, U.S. DOT implementing regulations, and this
assurance; and
(6) It will make any changes in its Title VI implementing procedures as U.S. DOT or FTA may
request to achieve compliance with the requirements imposed by or issued pursuant to
49 U.S.C. 5332, 42 U.S.C. 2000d, and 49 CFR part 21.
E. Assurance of Nondiscrimination on the Basis of Disability
As required by U.S. DOT regulations, "Nondiscrimination on the Basis of Handicap in Programs
and Activities Receiving or Benefiting from Federal Financial Assistance," at 49 CFR 27.9, the
Applicant assures that, as a condition to the approval or extension of any Federal assistance
awarded by FTA to construct any facility, obtain any rolling stock or other equipment, undertake
studies, conduct research, or to participate in or obtain any benefit from any program
administered by FTA, no otherwise qualified person with a disability shall be, solely by reason
of that disability, excluded from participation in, denied the benefits of, or otherwise subjected to
discrimination in any program or activity receiving or benefiting from Federal assistance
administered by the FTA or any entity within U.S. DOT. The Applicant assures that project
implementation and operations so assisted will comply with all applicable requirements of
U.S. DOT regulations implementing the Rehabilitation Act of 1973, as amended, 29 U.S.C. 794,
et seq., and the Americans with Disabilities Act of 1990, as amended, 42 U.S.C. 12101 et seq.,
and implementing U.S. DOT regulations at 49 CFR parts 27, 37, and 38, and any other
applicable Federal laws that may be enacted or Federal regulations that may be promulgated.
F. U.S. Office of Management and Budget (OMB) Assurances
Consistent with OMB assurances set forth in SF -424B and SF -424D, the Applicant assures that,
with respect to itself or its project, the Applicant:
(1) Has the legal authority to apply for Federal assistance and the institutional, managerial, and
financial capability (including funds sufficient to pay the non -Federal share of project cost)
to assure proper planning, management, and completion of the project described in its
application;
(2) Will give FTA, the Comptroller General of the United States, and, if appropriate, the State,
through any authorized representative, access to and the right to examine all records, books,
papers, or documents related to the award; and will establish a proper accounting system in
accordance with generally accepted accounting standards or agency directives;
(3) Will establish safeguards to prohibit employees from using their positions for a purpose that
constitutes or presents the appearance of personal or organizational conflict of interest or
personal gain;
(4) Will initiate and complete the work within the applicable project time periods following
receipt of FTA approval;
(5) Will comply with all applicable Federal statutes relating to nondiscrimination including, but
not limited to:
(a) Title VI of the Civil Rights Act, 42 U.S.C. 2000d, which prohibits discrimination on the
basis of race, color, or national origin;
Federal Register/Vol. 74, No. 200 /Monday, October 19, 2009 /Notices 5355'1
APPENDIX A
(b) Title IX of the Education Amendments of 1972, as amended, 20 U.S.C. 1681 through
1683, and 1685 through 1687, and U.S. DOT regulations, "Nondiscrimination on the
Basis of Sex in Education Programs or Activities Receiving Federal Financial
Assistance," 49 CFR part 25, which prohibit discrimination on the basis of sex;
(c) Section 504 of the Rehabilitation Act of 1973, as amended, 29 U.S.C. 794, which
prohibits discrimination on the basis of disability;
(d) The Age Discrimination Act of 1975, as amended, 42 U.S.C. 6101 through 6107, which
prohibits discrimination on the basis of age;
(e) The Drug Abuse Office and Treatment Act of 1972, as amended, 21 U.S.C. 1101 et seq.,
relating to nondiscrimination on the basis of drug abuse;
(f) The Comprehensive Alcohol Abuse and Alcoholism Prevention Act of 1970, as
amended, 42 U.S.C. 4541 et seq. relating to nondiscrimination on the basis of alcohol
abuse or alcoholism;
(g) The Public Health Service Act of 1912, as amended, 42 U.S.C. 290dd through 290dd-2.,
relating to confidentiality of alcohol and drug abuse patient records;
(h) Title VIII of the Civil Rights Act, 42 U.S.C. 3601 et seq., relating to nondiscrimination
in the sale, rental, or financing of housing; and
(i) Any other nondiscrimination statute(s) that may apply to the project;
(6) To the extent applicable, will comply with, or has complied with, the requirements of
Titles II and III of the Uniform Relocation Assistance and Real Property Acquisition
Policies Act of 1970, as amended, (Uniform Relocation Act) 42 U.S.C. 4601 et seq., which,
among other things, provide for fair and equitable treatment of persons displaced or persons
whose property is acquired as a result of federally assisted programs. These requirements
apply to all interests in real property acquired for project purposes and displacement caused
by the project regardless of Federal participation in any purchase. As required by
sections 210 and 305 of the Uniform Relocation Act, 42 U.S.C. 4630 and 4655, and by
U.S. DOT regulations, "Uniform Relocation Assistance and Real Property Acquisition for
Federal and Federally Assisted Programs," 49 CFR 24.4, the Applicant assures that it has
the requisite authority under applicable State and local law to comply with the requirements
of the Uniform Relocation Act, 42 U.S.C. 4601 et seq., and U.S. DOT regulations,
"Uniform Relocation Assistance and Real Property Acquisition for Federal and Federally
Assisted Programs," 49 CFR part 24, and will comply with that Act or has complied with
that Act and those implementing regulations, including but not limited to the following:
(a) The Applicant will adequately inform each affected person of the benefits, policies, and
procedures provided for in 49 CFR part 24;
(b) The Applicant will provide fair and reasonable relocation payments and assistance as
required by 42 U.S.C. 4622, 4623, and 4624; 49 CFR part 24; and any applicable FTA
procedures, to or for families, individuals, partnerships, corporations, or associations
displaced as a result of any project financed with FTA assistance;
(c) The Applicant will provide relocation assistance programs offering the services
described in 42 U.S.C. 4625 to such displaced families, individuals, partnerships,
corporations, or associations in the manner provided in 49 CFR part 24;
(d) Within a reasonable time before displacement, the Applicant will make available
comparable replacement dwellings to displaced families and individuals as required by
42 U.S.C. 4625(c)(3);
53552 Federal Register / Vol. 74, No. 200 / Monday, October 19, 2009 /Notices
APPENDIX A
(e) The Applicant will carry out the relocation process in such manner as to provide
displaced persons with uniform and consistent services, and will make available
replacement housing in the same range of choices with respect to such housing to all
displaced persons regardless of race, color, religion, or national origin;
(f) In acquiring real property, the Applicant will be guided to the greatest extent practicable
under State law, by the real property acquisition policies of 42 U.S.C. 4651 and 4652;
(g) The Applicant will pay or reimburse property owners for their necessary expenses as
specified in 42 U.S.C. 4653 and 4654, with the understanding that FTA will provide
Federal financial assistance for the Applicant's eligible costs of providing payments for
those expenses, as required by 42 U.S.C. 4631;
(h) The Applicant will execute such amendments to third party contracts and subagreements
financed with FTA assistance and execute, furnish, and be bound by such additional
documents as FTA may determine necessary to effectuate or implement the assurances
provided herein; and
(i) The Applicant agrees to make these assurances part of or incorporate them by reference
into any third party contract or subagreement, or any amendments thereto, relating to
any project financed by FTA involving relocation or land acquisition and provide in any
affected document that these relocation and land acquisition provisions shall supersede
any conflicting provisions;
(7) To the extent applicable, will comply with the Davis -Bacon Act, as amended, 40 U.S.C.
3141 et seq., the Copeland "Anti -Kickback" Act, as amended, at 18 U.S.C. 874, and at
40 U.S.C. 3145, and the Contract Work Hours and Safety Standards Act, as amended,
40 U.S.C. 3701 et seq., regarding labor standards for federally assisted projects;
(8) To the extent applicable, will comply with the flood insurance purchase requirements of
section 102(a) of the Flood Disaster Protection Act of 1973, as amended, 42 U.S.C.
4012a(a), requiring the Applicant and its subrecipients in a special flood hazard area to
participate in the program and purchase flood insurance if the total cost of insurable
construction and acquisition is $10,000 or more;
(9) To the extent applicable, will comply with the Lead -Based Paint Poisoning Prevention Act,
42 U.S.C. 4831(b), which prohibits the use of lead-based paint in the construction or
rehabilitation of residence structures;
(10) To the extent applicable, will not dispose of, modify the use of, or change the terms of the
real property title or other interest in the site and facilities on which a construction project
supported with FTA assistance takes place without permission and instructions from FTA;
(11) To the extent required by FTA, will record the Federal interest in the title of real property,
and will include a covenant in the title of real property acquired in whole or in part with
Federal assistance funds to assure nondiscrimination during the useful life of the project;
(12) To the extent applicable, will comply with FTA provisions concerning the drafting, review,
and approval of construction plans and specifications of any construction project supported
with FTA assistance. As required by U.S. DOT regulations, "Seismic Safety," 49 CFR
41.117(d), before accepting delivery of any building financed with FTA assistance, it will
obtain a certificate of compliance with the seismic design and construction requirements of
49 CFR part 41;
(13) To the extent applicable, will provide and maintain competent and adequate engineering
supervision at the construction site of any project supported with FTA assistance to assure
Federal Register/Vol. 74, No. 200 /Monday, October 19, 2009 /Notices 53553
APPENDIX A
that the complete work conforms with the approved plans and specifications, and will
furnish progress reports and such other information as may be required by FTA or the State;
(14) To the extent applicable, will comply with any applicable environmental standards that may
be prescribed to implement the following Federal laws and executive orders:
(a) Institution of environmental quality control measures under the National Environmental
Policy Act of 1969, as amended, 42 U.S.C. 4321 through 4335 and Executive Order
No. 11514, as amended, 42 U.S.C. 4321 note;
(b) Notification of violating facilities pursuant to Executive Order No. 11738, 42 U.S.C.
7606 note;
(c) Protection of wetlands pursuant to Executive Order No. 11990, 42 U.S.C. 4321 note;
(d) Evaluation of flood hazards in floodplains in accordance with Executive Order
No. 11988, 42 U.S.C. 4321 note;
(e) Assurance of project consistency with the approved State management program
developed pursuant to the requirements of the Coastal Zone Management Act of 1972,
as amended, 16 U.S.C. 1451 through 1465;
(f) Conformity of Federal actions to State (Clean Air) Implementation Plans under
section 176(c) of the Clean Air Act of 1955, as amended, 42 U.S.C. 7401 through
7671 q;
(g) Protection of underground sources of drinking water under the Safe Drinking Water Act
of 1974, as amended, 42 U.S.C. 300f through 300j-6;
(h) Protection of endangered species under the Endangered Species Act of 1973, as
amended, 16 U.S.C. 1531 through 1544; and
(i) Environmental protections for Federal transportation programs, including, but not
limited to, protections for parks, recreation areas, or wildlife or waterfowl refuges of
national, State, or local significance or any land from a historic site of national, State, or
local significance to be used in a transportation project as required by 49 U.S.C. 303(b)
and 303(c);
(j) Protection of the components of the national wild and scenic rivers systems, as required
under the Wild and Scenic Rivers Act of 1968, as amended, 16 U.S.C. 1271 through
1287; and
(k) Provision of assistance to FTA in complying with section 106 of the National Historic
Preservation Act of 1966, as amended, 16 U.S.C. 470f; with the Archaeological and
Historic Preservation Act of 1974, as amended, 16 U.S.C. 469 through 469c ; and with
Executive Order No. 11593 (identification and protection of historic properties),
16 U.S.C. 470 note;
(15) To the extent applicable, will comply with the requirements of the Hatch Act, 5 U.S.C. 1501
through 1508 and 7324 through 7326, which limit the political activities of State and local
agencies and their officers and employees whose primary employment activities are
financed in whole or part with Federal funds including a Federal loan, grant agreement, or
cooperative agreement except, in accordance with 49 U.S.C. 5307(k)(2) and 23 U.S.C.
142(g), the Hatch Act does not apply to a nonsupervisory employee of a public
transportation system (or of any other agency or entity performing related functions)
receiving FTA assistance to whom that Act does not otherwise apply;
(16) To the extent applicable, will comply with the National Research Act, Pub. L. 93-348,
July 12, 1974, as amended, 42 U.S.C. 289 et seq., and U.S. DOT regulations, "Protection of
53554 Federal Register/ Vol. 74, No. 200 /Monday, October 19, 2009 /Notices
APPENDIX A
Human Subjects," 49 CFR part 11, regarding the protection of human subjects involved in
research, development, and related activities supported by Federal assistance;
(17) To the extent applicable, will comply with the Animal Welfare Act, as amended, 7 U.S.C.
2131 et seq., and U.S. Department of Agriculture regulations, "Animal Welfare," 9 CFR
subchapter A, parts 1, 2, 3, and 4, regarding the care, handling, and treatment of warm
blooded animals held or used for research, teaching, or other activities supported by Federal
assistance;
(18) Will have performed the financial and compliance audits as required by the Single Audit
Act Amendments of 1996, 31 U.S.C. 7501 et seq., OMB Circular A-133, "Audits of States,
Local Governments, and Non -Profit Organizations," Revised, and the most recent
applicable OMB A-133 Compliance Supplement provisions for the U.S. DOT; and
(19) To the extent applicable, will comply with all applicable provisions of all other Federal laws
or regulations, and follow Federal directives governing the project, except to the extent that
FTA has expressly approved otherwise in writing.
02. LOBBYING CERTIFICATION
An Applicant that submits or intends to submit an application to FTA for any Federal grant, loan
(including a line of credit), cooperative agreement, loan guarantee, or loan insurance exceeding
$100,000 is required to provide the following certification. FTA may not award Federal grant,
loan (including a line of credit), cooperative agreement, loan guarantee, or loan insurance
exceeding $100,000 until the Applicant provides this certification by selecting Category "02."
A. As required by 31 U.S.C. 1352 and U.S. DOT regulations, "New Restrictions on Lobbying,"
at 49 CFR 20.110, the Applicant's authorized representative certifies to the best of his or her
knowledge and belief that for each application to U.S. DOT or FTA for a Federal grant, loan
(including a line of credit), cooperative agreement, or a commitment that the Federal
Government to guarantee or insure a loan exceeding $100,000:
(1) No Federal appropriated funds have been or will be paid by or on behalf of the
Applicant to any person to influence or attempt to influence an officer or employee of
any Federal agency, a Member of Congress, an officer or employee of Congress, or an
employee of a Member of Congress regarding the award of a Federal grant, loan
(including a line of credit), cooperative agreement, loan guarantee, or loan insurance, or
the extension, continuation, renewal, amendment, or modification of any Federal grant,
loan (including a line of credit), cooperative agreement, loan guarantee, or loan
insurance;
(2) If any funds other than Federal appropriated funds have been or will be paid to any
person to influence or attempt to influence an officer or employee of any Federal
agency, a Member of Congress, an officer or employee of Congress, or an employee of a
Member of Congress in connection with any application for a Federal grant, loan
(including a line of credit), cooperative agreement, loan guarantee, or loan insurance, the
Applicant assures that it will complete and submit Standard Form -LLL, "Disclosure of
Lobbying Activities," Rev. 7-97; and
(3) The language of this certification shall be included in the award documents for all
subawards at all tiers (including subcontracts, subgrants, subagreements, and contracts
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APPENDIX A
under grants, loans (including a line of credit), cooperative agreements, loan guarantees,
and loan insurance).
B. The Applicant understands that this certification is a material representation of fact upon
which reliance is placed by the Federal govemment and that submission of this certification
is a prerequisite for providing a Federal grant, loan (including a line of credit), cooperative
agreement, loan guarantee, or loan insurance for a transaction covered by 31 U.S.C. 1352.
The Applicant also understands that any person who fails to file a required certification shall
be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each
such failure.
03. PROCUREMENT COMPLIANCE
In accordance with 49 CFR 18.36(g)(3)(ii), each Applicant that is a State, local, or Indian tribal
government that is seeking Federal assistance to acquire property or services in support of its
project is requested to provide the following certification by selecting Category "03." FTA also
requests other Applicants to provide the following certification. An Applicant for FTA assistance
to acquire property or services in support of its project that fails to provide this certification may
be determined ineligible for award of Federal assistance for the project, if FTA determines that
its procurement practices and procurement system fail to comply with Federal laws or
regulations in accordance with applicable Federal directives.
The Applicant certifies that its procurements and procurement system will comply with all
applicable Federal laws and regulations in accordance with applicable Federal directives, except
to the extent FTA has expressly approved otherwise in writing.
04. PROTECTIONS FOR PRIVATE TRANSPORTATION PROVIDERS
Each Applicant that is a State, local, or Indian tribal government that is seeking Federal
assistance authorized under 49 U.S.C. chapter 53 to acquire any property or an interest in the
property of a private provider of public transportation or to operate public transportation
equipment or facilities in competition with, or in addition to, transportation service provided by
an existing private provider of public transportation is required to provide the following
certification. FTA may not award Federal assistance for such a project until the Applicant
provides this certification by selecting Category "04."
As required by 49 U.S.C. 5323(a)(1), the Applicant certifies that before it acquires the property
or an interest in the property of a private provider of public transportation or operates public
transportation equipment or facilities in competition with, or in addition to, transportation service
provided by an existing public transportation company, it has or will have:
A. Determined that the assistance is essential to carrying out a program of projects as required
by 49 U.S.C. 5303, 5304, and 5306;
B. Provided for the participation of private companies engaged in public transportation to the
maximum extent feasible; and
C. Paid just compensation under State or local law to the company for any franchise or
property acquired.
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APPENDIX A
05. PUBLIC HEARING
An Applicant seeking Federal assistance authorized under 49 U.S.C. chapter 53 for a capital
project that will substantially affect a community or a community's public transportation service
is required to provide the following certification. FTA may not award Federal assistance for a
capital project of that type until the Applicant provides this certification by selecting
Category "05."
As required by 49 U.S.C. 5323(b), for a proposed capital project that will substantially affect a
community, or the public transportation service of a community, the Applicant certifies that it
has, or before submitting its application, it will have:
A. Provided an adequate opportunity for public review and comment on the proposed project;
B. After providing notice, including a concise description of the proposed project, published in a
newspaper of general circulation in the geographic area to be served, held a public hearing on
the project if the project affects significant economic, social, or environmental interests;
C. Considered the economic, social, and environmental effects of the proposed project; and
D. Determined that the proposed project is consistent with official plans for developing the
community.
06. ACQUISITION OF ROLLING STOCK FOR USE IN REVENUE SERVICE
An Applicant seeking Federal assistance authorized under 49 U.S.C. chapter 53 to acquire any
rolling stock for use in revenue service is required to provide the following certification. FTA
may not award any Federal assistance to acquire such rolling stock until the Applicant provides
this certification by selecting Category "06."
As required by 49 U.S.C. 5323(m) and implementing FTA regulations, "Pre -Award and Post -
Delivery Audits of Rolling Stock Purchases," 49 CFR part 663, at 49 CFR 663.7, the Applicant
certifies that it will comply with the requirements of 49 CFR part 663 as modified by
amendments authorized by section 3023(k) of SAFETEA-LU when procuring revenue service
rolling stock. Among other things, the Applicant agrees to conduct or cause to be conducted the
requisite pre -award and post delivery reviews, and maintain on file the certifications required by
49 CFR part 663, subparts B, C, and D.
07. ACQUISITION OF CAPITAL ASSETS BY LEASE
An Applicant that intends to request the use of Federal assistance authorized under 49 U.S.C.
chapter 53 to acquire capital assets by lease is required to provide the following certifications.
FTA may not provide Federal assistance to support those costs until the Applicant provides this
certification by selecting Category "07."
As required by FTA regulations, "Capital Leases," 49 CFR part 639, at 49 CFR 639.15(b)(1) and
49 CFR 639.21, if the Applicant acquires any capital asset by lease financed with Federal
assistance authorized under 49 U.S.C. chapter 53, the Applicant certifies as follows:
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(1) It will not use Federal assistance authorized under 49 U.S.C. chapter 53 to finance the cost
of leasing any capital asset until it performs calculations demonstrating that leasing the
capital asset would be more cost-effective than purchasing or constructing a similar asset;
and it will complete these calculations before entering into the lease or before receiving a
capital grant for the asset, whichever is later; and
(2) It will not enter into a capital lease for which FTA can provide only incremental Federal
assistance unless it has adequate financial resources to meet its future obligations under the
lease if Federal assistance is not available for capital projects in the subsequent years.
08. BUS TESTING
An Applicant for Federal assistance appropriated or made available for 49 U.S.C. chapter 53 to
acquire any new bus model or any bus model with a new major change in configuration or
components is required to provide the following certification. FTA may not provide Federal
assistance for the acquisition of any new bus model or bus model with a major change until the
Applicant provides this certification by selecting Category "08."
As required by 49 U.S.C. 5318 and FTA regulations, "Bus Testing," at 49 CFR 665.7, the
Applicant certifies that, before expending any Federal assistance to acquire the first bus of any
new bus model or any bus model with a new major change in configuration or components, or
before authorizing final acceptance of that bus (as described in 49 CFR part 665):
A. The bus model will have been tested at FTA's bus testing facility; and
B. The Applicant will have received a copy of the test report prepared on the bus model.
09. CHARTER SERVICE AGREEMENT
An Applicant seeking Federal assistance authorized under 49 U.S.C. chapter 53 (except as
permitted by 49 CFR 604.2), or under 23 U.S.C. 133 or 142, to acquire or operate any public
transportation equipment or facilities is required to enter into the following Charter Service
Agreement. FTA may not provide Federal assistance authorized under 49 U.S.C. chapter 53
(except as permitted by 49 CFR 604.2), or under 23 U.S.C.133 or 142, for such projects until the
Applicant enters into this Charter Service Agreement by selecting Category "09."
A. As required by 49 U.S.C. 5323(d) and (g) and FTA regulations at 49 CFR 604.4, the
Applicant understands and agrees that it and each subrecipient, lessee, third party contractor,
or other participant in the project at any tier may provide charter service for transportation
projects that uses equipment or facilities acquired with Federal assistance authorized under
the Federal transit laws (except as permitted by 49 CFR 604.2), or under 23 U.S.C. 133
or 142, only in compliance with those laws and FTA regulations, "Charter Service," 49 CFR
part 604, the terms and conditions of which are incorporated herein by reference.
B. The Applicant understands and agrees that:
(1) The requirements of FTA regulations, "Charter Service," 49 CFR part 604, will apply to
any charter service it or its subrecipients, lessees, third party contractors, or other
participants in the project provide;
(2) The definitions of FTA regulations, "Charter Service," 49 CFR part 604, will apply to
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APPENDIX A
this Charter Service Agreement; and
(3) A pattern of violations of this Charter Service Agreement may require corrective
measures and imposition of remedies, including barring the Applicant, subrecipient,
lessee, third party contractor, or other participant in the project that has engaged in that
pattern of violations from receiving FTA financial assistance, or withholding an amount
of Federal assistance as set forth in FTA regulations, "Charter Service," 49 CFR
part 604, Appendix D.
10. SCHOOL TRANSPORTATION AGREEMENT
An Applicant that is seeking Federal assistance authorized under 49 U.S.C. chapter 53 or under
23 U. S.C.133 or 142 to acquire or operate public transportation facilities and equipment is
required to enter into the following School Transportation Agreement. FTA may not provide
Federal assistance authorized under 49 U.S.C. chapter 53 or under 23 U.S.C.133 or 142 for
such projects until the Applicant enters into this School Transportation Agreement by selecting
Category "10."
A. As required by 49 U.S.C. 5323(0 and (g) and FTA regulations at 49 CFR 605.14, the
Applicant understands and agrees that it and each subrecipient, lessee, third party contractor,
or other participant in the project at any tier may engage in school transportation operations
in competition with private school transportation operators that uses equipment or facilities
acquired with Federal assistance authorized under the Federal transit laws or under
23 U.S.C. 133 or 142, only in compliance with those laws and FTA regulations, "School
Bus Operations," 49 CFR part 605, to the extent consistent with 49 U.S.C. 5323(0 or (g),
the terms and conditions of which are incorporated herein by reference.
B. The Applicant understands and agrees that:
(1) The requirements of FTA regulations, "School Bus Operations," 49 CFR part 605, to the
extent consistent with 49 U.S.C. 5323(0 or (g), will apply to any school transportation
service it or its subrecipients, lessees, third party contractors, or other participants in the
project provide;
(2) The definitions of FTA regulations, "School Bus Operations," 49 CFR part 605 will
apply to this School Transportation Agreement; and
(3) If there is a violation of this School Transportation Agreement, FTA will bar the
Applicant, subrecipient, lessee, third party contractor, or other participant in the project
that has violated this School Transportation Agreement from receiving Federal transit
assistance in an amount FTA considers appropriate.
11. DEMAND RESPONSIVE SERVICE
An Applicant that operates demand responsive service and applies for direct Federal assistance
authorized under 49 U.S.C. chapter 53 to acquire non -rail public transportation vehicles is
required to provide the following certification. FTA may not award direct Federal assistance
authorized under 49 U.S.C. chapter 53 to an Applicant that operates demand responsive service
to acquire non -rail public transportation vehicles until the Applicant provides this certification
by selecting Category "11."
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As required by U.S. DOT regulations, "Transportation Services for Individuals with Disabilities
(ADA)," at 49 CFR 37.77(d), the Applicant certifies that its demand responsive service offered
to individuals with disabilities, including individuals who use wheelchairs, is equivalent to the
level and quality of service offered to individuals without disabilities. Viewed in its entirety, the
Applicant's service for individuals with disabilities is provided in the most integrated setting
feasible and is equivalent with respect to: (1) response time, (2) fares, (3) geographic service
area, (4) hours and days of service, (5) restrictions on trip purpose, (6) availability of information
and reservation capability, and (7) constraints on capacity or service availability.
12. ALCOHOL MISUSE AND PROHIBITED DRUG USE
If the Applicant is required by FTA regulations, "Prevention of Alcohol Misuse and Prohibited
Drug Use in Transit Operations," at 49 CFR part 655, to provide the following certification
concerning its activities to prevent alcohol misuse and prohibited drug use in its public
transportation operations, FTA may not provide Federal assistance to that Applicant until it
provides this certification by selecting Category "12."
As required by FTA regulations, "Prevention of Alcohol Misuse and Prohibited Drug Use in
Transit Operations," at 49 CFR part 655, subpart I, the Applicant certifies that it has established
and implemented an alcohol misuse and anti-drug program, and has complied with or will
comply with all applicable requirements of FTA regulations, "Prevention of Alcohol Misuse and
Prohibited Drug Use in Transit Operations," 49 CFR part 655.
13. INTEREST AND OTHER FINANCING COSTS
An Applicant that intends to request the use of Federal assistance for reimbursement of interest
or other financing costs incurred for its capital projects financed with Federal assistance under
the Urbanized Area Formula Program, the Capital Investment Program, or the Paul S. Sarbanes
Transit in Parks Program is required to provide the following certification. FTA may not provide
Federal assistance to support interest or other financing costs until the Applicant provides this
certification by selecting Category "13."
As required by 49 U.S.C. 5307(g)(3), 5309(g)(2)(B)(iii), 5309(g)(3)(B)(iii), 5309(i)(2)(C), and
5320(h)(2)(C), the Applicant certifies that it will not seek reimbursement for interest or other
financing costs unless it is eligible to receive Federal assistance for those costs and its records
demonstrate that it has used reasonable diligence in seeking the most favorable financing terms
underlying those costs, to the extent FTA may require.
14. INTELLIGENT TRANSPORTATION SYSTEMS
An Applicant for FTA assistance for an Intelligent Transportation Systems (ITS) project, defined
as any project that in whole or in part finances the acquisition of technologies or systems of
technologies that provide or significantly contribute to the provision of one or more ITS user
services as defined in the "National ITS Architecture," is requested to provide the following
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APPENDIX A
assurance. FTA strongly encourages any Applicant for FTA financial assistance to support an
ITS project to provide this assurance by selecting Category "14. " An Applicant for FTA
assistance for an ITS project that fails to provide this assurance, without providing other
documentation assuring its commitment to comply with applicable Federal ITS standards and
protocols, may be determined ineligible for award of Federal assistance for the ITS project.
As used in this assurance, the term Intelligent Transportation Systems (ITS) project is defined to
include any project that in whole or in part finances the acquisition of technologies or systems of
technologies that provide or significantly contribute to the provision of one or more ITS user
services as defined in the "National ITS Architecture."
A. As provided in subsection 5307(c) of SAFETEA-LU, 23 U.S.C. 512 note, apart from certain
exceptions, "intelligent transportation system projects carried out using funds made
available from the Highway Trust Fund, including funds made available under this subtitle
to deploy intelligent transportation system technologies, [shall] conform to the national
architecture, applicable standards or provisional standards, and protocols developed under
subsection (a) [of section 5307 of SAFETEA-LU]." To facilitate compliance with
subsection 5307(c) of SAFETEA-LU, 23 U.S.C. 512 note, the Applicant assures it will
comply with all applicable provisions of Section V (Regional ITS Architecture) and
Section VI (Project Implementation) of FTA Notice, "FTA National ITS Architecture
Policy on Transit Projects," at 66 FR 1455 et seq., January 8, 2001, and other FTA policies
that may be issued in connection with any ITS project it undertakes financed with funds
authorized under Title 49 or Title 23, United States Code, except to the extent that FTA
expressly determines otherwise in writing: and
B. With respect to any ITS project financed with Federal assistance derived from a source
other than Title 49 or Title 23, United States Code, the Applicant assures that it will use its
best efforts to assure that any ITS project it undertakes will not preclude interface with other
intelligent transportation systems in the Region.
15. URBANIZED AREA FORMULA PROGRAM
Each Applicant for Urbanized Area Formula Program assistance authorized under 49 U.S.C.
5307 is required to provide the following certifications on behalf of itself and any subrecipients
participating in its projects. Unless FTA determines otherwise in writing, the Applicant is
ultimately responsible for compliance with its certifications and assurances even though a
subrecipient, lessee, third party contractor, or other participant may participate in that project.
Consequently, in providing certifications and assurances that involve the compliance of its
prospective subrecipients, the Applicant is strongly encouraged to take appropriate measures,
including but not limited to obtaining sufficient documentation from each subrecipient, to assure
the validity of all certifications and assurances the Applicant has made to FTA. If, however a
"Designated Recipient" as defined at 49 U.S.C. 5307(a)(2)(A) enters into a Supplemental
Agreement with FTA and a Prospective Grantee, that Grantee is recognized as the Applicant for
Urbanized Area Formula Program assistance and must provide the following certifications and
assurances.
Each Applicant is required by 49 U.S.C. 5307(d)(1)(J) to expend at least one (1) percent of its
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Urbanized Area Formula Program assistance for public transportation security projects, unless
the Applicant has certified that such expenditures are not necessary. Information about the
Applicant's intentions will be recorded in the "Security" tab page of the TEAM -Web "Project
Information" window when the Applicant enters its Urbanized Area Formula Program
application in TEAM -Web.
FTA may not award Urbanized Area Formula Program assistance to any Applicant that is
required by 49 U.S.C. 5307(d)(1)(K) to expend one (1) percent of its Urbanized Area Formula
Program assistance for eligible transit enhancements unless that Applicant's quarterly report for
the fourth quarter of the preceding Federal fiscal year has been submitted to FTA and includes
the requisite list or the Applicant attaches in TEAM -Web or includes in its quarterly report
information sufficient to demonstrate that the Designated Recipients in its area together have
expended one (1) percent of the amount of Urbanized Area Program assistance made available
to them for transit enhancement projects.
FTA may not award Federal assistance for the Urbanized Area Formula Program to the
Applicant until the Applicant provides these certifications and assurances by selecting
Category "15."
As required by 49 U.S.C. 5307(d)(1), the Applicant certifies as follows:
A. In compliance with 49 U.S.C. 5307(d)(1)(A), the Applicant has or will have the legal,
financial, and technical capacity to carry out its proposed program of projects, including the
safety and security aspects of that program;
B. In compliance with 49 U.S.C. 5307(d)(1)(B), the Applicant has or will have satisfactory
continuing control over the use of Project equipment and facilities;
C. In compliance with 49 U.S.C. 5307(d)(1)(C), the Applicant will adequately maintain the
Project equipment and facilities;
D. In compliance with 49 U.S.C. 5307(d)(1)(D), the Applicant will assure that any elderly
individual, any individual with disabilities, or any person presenting a Medicare card issued
to himself or herself pursuant to title II or title XVIII of the Social Security Act (42 U.S.C.
401 et seq. or 42 U.S.C. 1395 et seq.), will be charged for transportation during non -peak
hours using or involving a facility or equipment of a project financed with Federal
assistance authorized for 49 U.S.C. 5307, not more than fifty (50) percent of the peak hour
fare;
E. In compliance with 49 U.S.C. 5307(d)(1)(E), the Applicant, in carrying out a procurement
financed with Federal assistance authorized under 49 U.S.C. 5307: (1) will use competitive
procurement (as defined or approved by FTA), (2) will not use exclusionary or
discriminatory specifications in its procurements, (3) will comply with applicable Buy
America laws, and (4) will comply with the general provisions for FTA assistance of
49 U.S.C. 5323 and the third party procurement requirements of 49 U.S.C. 5325;
F. In compliance with 49 U.S.C. 5307(d)(1)(F), the Applicant has complied with or will
comply with the requirements of 49 U.S.C. 5307(c). Specifically, the Applicant: (1) has
made available, or will make available, to the public information on the amounts available
for the Urbanized Area Formula Program, 49 U.S.C. 5307, and the program of projects it
proposes to undertake; (2) has developed or will develop, in consultation with interested
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APPENDIX A
parties including private transportation providers, a proposed program of projects for
activities to be financed; (3) has published or will publish a proposed program of projects in
a way that affected citizens, private transportation providers, and local elected officials have
the opportunity to examine the proposed program and submit comments on the proposed
program and the performance of the Applicant; (4) has provided or will provide an
opportunity for a public hearing to obtain the views of citizens on the proposed program of
projects; (5) has assured or will assure that the proposed program of projects provides for
the coordination of transportation services assisted under 49 U.S.C. 5336 with transportation
services assisted by another Federal government source; (6) has considered or will consider
the comments and views received, especially those of private transportation providers, in
preparing its final program of projects; and (7) has made or will make the final program of
projects available to the public;
G. In compliance with 49 U.S.C. 5307(d)(1)(G), the Applicant has or will have available and
will provide the amount of funds required by 49 U.S.C. 5307(e) for the local share, and that
those funds will be provided from approved non -Federal sources except as permitted by
Federal law;
H. In compliance with 49 U.S.C. 5307(d)(1)(H), the Applicant will comply with: (1) 49 U.S.C.
5301(a) (requirements for public transportation systems that maximize the safe, secure, and
efficient mobility of individuals, minimize environmental impacts, and minimize
transportation -related fuel consumption and reliance on foreign oil); (2) 49 U.S.C. 5301(d)
(special efforts to design and provide public transportation for elderly individuals and
individuals with disabilities); and (3) 49 U.S.C. 5303 through 5306 (planning and private
enterprise requirements);
I. In compliance with 49 U.S.C. 5307(d)(1)(I), the Applicant has a locally developed process
to solicit and consider public comment before raising a fare or implementing a major
reduction of public transportation;
J. In compliance with 49 U.S.C. 5307(d)(1)(J), each Federal fiscal year, the Applicant will
spend at least one (1) percent of its funds authorized by 49 U.S.C. 5307 for public
transportation security projects, unless the Applicant has certified to FTA that such
expenditures are not necessary. Public transportation security projects include increased
lighting in or adjacent to a public transportation system (including bus stops, subway
stations, parking lots, and garages), increased camera surveillance of an area in or adjacent
to that system, emergency telephone line or lines to contact law enforcement or security
personnel in an area in or adjacent to that system, and any other project intended to increase
the security and safety of existing or planned public transportation; and
K. In compliance with 49 U.S.C. 5307(d)(1)(K), if the Applicant is a Designated Recipient
serving an urbanized area with a population of at least 200,000, (1) the Applicant certifies
either that it has expended or will expend for transit enhancements as defined at 49 U.S.C.
5302(a)(15) not less than one (1) percent of the amount of the Urbanized Area Formula
Assistance it receives this Federal fiscal year, or that at least one Designated Recipient in its
urbanized area has certified or will certify that the Designated Recipients within that
urbanized area together have expended or will expend for transit enhancements as defined at
49 U.S.C. 5302(a)(15) not less than one (1) percent of the total amounts the Designated
Recipients receive each Federal fiscal year under 49 U.S.C. 5307, and (2) either the
Applicant has listed or will list the transit enhancement projects it has carried out with those
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APPENDIX A
funds, or at least one Designated Recipient in the Applicant's urbanized area has listed or
will list the transit enhancement projects carried out with funds authorized under 49 U.S.C.
5307. If the Designated Recipient's quarterly report for the fourth quarter of the preceding
Federal fiscal year includes a list of transit enhancement projects the Designated Recipients
in its urbanized area have implemented during that preceding Federal fiscal year using those
funds, the information in that quarterly report will fulfill the requirements of 49 U.S.C.
5307(d)(1)(K)(ii), and thus that quarterly report will be incorporated by reference and made
part of the Designated Recipient's and Applicant's certifications and assurances.
16. CLEAN FUELS GRANT PROGRAM
Each Applicant for Clean Fuels Grant Program assistance authorized under 49 U.S.C. 5308 is
required to provide the following certifications on behalf of itself and its subrecipients. Unless
FTA determines otherwise in writing, the Applicant is ultimately responsible for compliance with
its certifications and assurances even though a subrecipient, lessee, third party contractor, or
other participant may participate in that project. Consequently, in providing certifications and
assurances that involve the compliance of its prospective subrecipients, the Applicant is strongly
encouraged to take the appropriate measures, including but not limited to obtaining sufficient
documentation from each subrecipient, to assure the validity of all certifications and assurances
the Applicant has made to FTA. FTA may not award Federal assistance for the Clean Fuels
Grant Program until the Applicant provides these certifications by selecting Category "16."
As required by 49 U.S.C. 5308(d)(1), which makes the requirements of 49 U.S.C. 5307
applicable to Clean Fuels Grant Program assistance, and 49 U.S.C. 5307(d)(1), the designated
recipient or the recipient serving as the Applicant on behalf of the designated recipient, or the
State or State organization serving as the Applicant on behalf of the State, certifies as follows:
A. In compliance with 49 U.S.C. 5307(d)(1)(A), the Applicant has or will have the legal,
financial, and technical capacity to carry out its proposed program of projects, including the
safety and security aspects of that program;
B. In compliance with 49 U.S.C. 5307(d)(1)(B), the Applicant has or will have satisfactory
continuing control over the use of project equipment and facilities;
C. In compliance with 49 U.S.C. 5307(d)(1)(C), the Applicant will adequately maintain the
project equipment and facilities;
D. In compliance with 49 U.S.C. 5307(d)(1)(D), the Applicant will assure that any elderly
individual, any individual with disabilities, or any person presenting a Medicare card issued
to himself or herself pursuant to title II or title XVIII of the Social Security Act (42 U.S.C.
401 et seq. or 42 U.S.C. 1395 et seq.), will be charged for transportation during non -peak
hours using or involving a facility or equipment of a project financed with Federal
assistance authorized under 49 U.S.C. 5308, not more than fifty (50) percent of the peak
hour fare;
E. In compliance with 49 U.S.C. 5307(d)(1)(E), the Applicant, in carrying out a procurement
financed with Federal assistance authorized under 49 U.S.C. 5308: (1) will use competitive
procurement (as defined or approved by FTA), (2) will not use exclusionary or
discriminatory specifications in its procurements, (3) will comply with applicable Buy
America laws, and (4) will comply with the general provisions for FTA assistance of
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APPENDIX A
49 U.S.C. 5323 and the third party procurement requirements of 49 U.S.C. 5325;
F. In compliance with 49 U.S.C. 5307(d)(1)(F), the Applicant has complied with or will
comply with the requirements of 49 U.S.C. 5307(c). Specifically, the Applicant: (1) has
made available, or will make available, to the public information on the amounts available
for the Clean Fuels Grant Program, 49 U.S.C. 5308, and the projects it proposes to
undertake; (2) has developed or will develop, in consultation with interested parties
including private transportation providers, the proposed projects to be financed; (3) has
published or will publish a list of the proposed projects in a way that affected citizens,
private transportation providers, and local elected officials have the opportunity to examine
the proposed projects and submit comments on the proposed projects and the performance
of the Applicant; (4) has provided or will provide an opportunity for a public hearing to
obtain the views of citizens on the proposed projects; (5) has assured or will assure that the
proposed projects provide for the coordination of transportation services assisted under
49 U.S.C. 5336 with transportation services assisted by another Federal government source;
(6) has considered or will consider the comments and views received, especially those of
private transportation providers, in preparing its final list of projects; and (7) has made or
will make the final list of projects available to the public;
G. In compliance with 49 U.S.C. 5307(d)(1)(G), the Applicant has or will have available and
will provide the amount of funds required by 49 U.S.C. 5308(d)(2) for the local share, and
that those funds will be provided from approved non -Federal sources except as permitted by
Federal law;
H. In compliance with 49 U.S.C. 5307(d)(1)(H), the Applicant will comply with: (1) 49 U.S.C. .
5301(a) (requirements for public transportation systems that maximize the safe, secure, and
efficient mobility of individuals, minimize environmental impacts, and minimize
transportation -related fuel consumption and reliance on foreign oil); (2) 49 U.S.C. 5301(d)
(special efforts to design and provide public transportation for elderly individuals and
individuals with disabilities); and (3) 49 U.S.C. 5303 through 5306 (planning and private
enterprise requirements);
In compliance with 49 U.S.C. 5307(d)(1)(I), the Applicant has a locally developed process
to solicit and consider public comment before raising a fare or implementing a major
reduction of public transportation; and
J. The Applicant certifies it will operate vehicles purchased with Federal assistance provided
under the Clean Fuels Grant Program, 49 U.S.C. 5308 only with clean fuels.
17. ELDERLY INDIVIDUALS AND INDIVIDUALS WITH DISABILITIES
FORMULA GRANT PROGRAM AND PILOT PROGRAM
Before FTA may award Elderly Individuals and Individuals with Disabilities Formula Grant
Program assistance and, if applicable, Elderly Individuals and Individuals with Disabilities Pilot
Program assistance to a State, the U.S. Secretary of Transportation or his or her designee is
required to make the pre -award determinations required by 49 U.S.C. 5310. Because certain
information is needed before FTA can make those determinations, each State is requested to
provide the following certifications assurances on behalf of itself and its subrecipients. Unless
FTA determines otherwise in writing, the State itself is ultimately responsible for compliance
with its certifications and assurances even though a subrecipient, lessee, third party contractor,
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APPENDIX A
or other participant may participate in that project. Consequently, in providing certifications
and assurances that involve the compliance of its prospective subrecipients, the State is strongly
encouraged to take the appropriate measures, including but not limited to obtaining sufficient
documentation from each subrecipient, to assure the validity of all certifications and assurances
the State has made to FTA. A State that fails to provide these certifications and assurances on
behalf of itself and its subrecipients may be determined ineligible for a grant of Federal
assistance under 49 U.S.C. 5310 if FTA lacks sufficient information from which to make those
determinations required by Federal laws and regulations governing the Elderly Individuals and
Individuals with Disabilities Formula Grant Program and, if applicable, the Elderly Individuals
and Individuals with Disabilities Pilot Program authorized by 49 U.S.C. 5310 and section 3012
of SAFETEA-LU, respectively. The State is thus requested to select Category "17."
A. As required by 49 U.S.C. 5310(d), which makes the requirements of 49 U.S.C. 5307
applicable to the Elderly Individuals and Individuals with Disabilities Formula Grant
Program to the extent that the Federal Transit Administrator or his or her designee
determines appropriate, and 49 U.S.C. 5307(d)(1), the State or State organization serving as
the Applicant (State) and that administers, on behalf of the State, the Elderly Individuals and
Individuals with Disabilities Program authorized by 49 U.S.C. 5310, and, if applicable, the
Elderly Individuals and Individuals with Disabilities Pilot Program authorized by
subsection 3012(b) of SAFETEA-LU, 49 U.S.C. 5310 note, certifies and assures on behalf
of itself and its subrecipients as follows:
(1) In compliance with 49 U.S.C. 5307(d)(1)(A), the Applicant has or will have the legal,
financial, and technical capacity to carry out its proposed program of projects, including
the safety and security aspects of that program;
(2) In compliance with 49 U.S.C. 5307(d)(1)(B), the Applicant has or will have satisfactory
continuing control over the use of project equipment and facilities;
(3) In compliance with 49 U.S.C. 5307(d)(1)(C), the Applicant will adequately maintain the
project equipment and facilities;
(4) In compliance with 49 U.S.C. 5307(d)(1)(E), the Applicant, in carrying out a
procurement financed with Federal assistance authorized under 49 U.S.C. 5310 or
subsection 3012(b) of SAFETEA-LU: (1) will use competitive procurement (as defined
or approved by FTA), (2) will not use exclusionary or discriminatory specifications in
its procurements, (3) will comply with applicable Buy America laws, and (4) will
comply with the general provisions for FTA assistance of 49 U.S.C. 5323 and the third
party procurement requirements of 49 U.S.C. 5325;
(5) The State has or will have available and will provide the amount of funds required by
49 U.S.C. 5310(c), and if applicable by subsections 3012(b)(3) and (4) of
SAFETEA-LU, for the local share, and that those funds will be provided from approved
non -Federal sources except as permitted by Federal law; and
(6) In compliance with 49 U.S.C. 5307(d)(1)(H), the Applicant will comply with:
(1) 49 U.S.C. 5301(a) (requirements for public transportation systems that maximize the
safe, secure, and efficient mobility of individuals, minimize environmental impacts, and
minimize transportation -related fuel consumption and reliance on foreign oil);
(2) 49 U.S.C. 5301(d) (special efforts to design and provide public transportation for
elderly individuals and individuals with disabilities); and (3) 49 U.S.C. 5303 through
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APPENDIX A
5306 (planning and private enterprise requirements);
B. The State assures that each subrecipient either is recognized under State law as a private
nonprofit organization with the legal capability to contract with the State to carry out the
proposed project, or is a public body that has met the statutory requirements to receive
Federal assistance authorized for 49 U.S.C. 5310;
C. The private nonprofit subrecipient's application for 49 U.S.C. 5310 assistance contains
information from which the State concludes that the transit service provided or offered to be
provided by existing public or private transit operators is unavailable, insufficient, or
inappropriate to meet the special needs of the elderly and persons with disabilities;
D. In compliance with 49 U.S.C. 5310(d)(2)(A) and subsection 3012(b)(2) of SAFETEA-LU,
the State certifies that, before it transfers funds to a project funded under 49 U.S.C. 5336,
that project has been or will have been coordinated with private nonprofit providers of
services under 49 U.S.C. 5310;
E. In compliance with 49 U.S.C. 5310(d)(2)(C), the State certifies that allocations to
subrecipients of financial assistance authorized under 49 U.S.C. 5310 or subsection 3012(b)
of SAFETEA-LU will be distributed on a fair and equitable basis; and
F. In compliance with 49 U.S.C. 5310(d)(2)(B) and subsection 3012(b)(2) of SAFETEA-LU,
the State certifies that: (1) projects it has selected or will select for assistance under that
program were derived from a locally developed, coordinated public transit -human services
transportation plan; and (2) the plan was developed through a process that included
representatives of public, private, and nonprofit transportation and human services providers
and participation by the public.
18. NONURBANIZED AREA FORMULA PROGRAM FOR STATES
The provisions of 49 U.S.C. 5311 establishing the Nonurbanized Area Formula Program for
States do not impose, as a pre -condition of award, any explicit certification or assurance
requirements established specifically for that program. Only a State or a State organization
acting as the Recipient on behalf of a State (State) may be a direct recipient of this Nonurbanized
Area Formula Program assistance. Separate certifications and assurances have been established
in Category 22 for an Indian tribe that is an Applicant for Tribal Transit Program assistance
authorized by 49 U.S.C. 5311(c)(1).
Before FTA may award Nonurbanized Area Formula Program assistance to a State, the
U.S. Secretary of Transportation or his or her designee is required to make the pre -award
determinations required by 49 U.S.C. 5311. Because certain information is needed before FTA
can make those determinations, each State is requested to provide the following certifications
and assurances on behalf of itself and its subrecipients. Unless FTA determines otherwise in
writing, the State itself is ultimately responsible for compliance with its certifications and
assurances even though a subrecipient, lessee, third party contractor, or other participant may
participate in that project. Consequently, in providing certifications and assurances that involve
the compliance of its prospective subrecipients, the State is strongly encouraged to take the
appropriate measures, including but not limited to obtaining sufficient documentation from each
subrecipient, to assure the validity of all certifications and assurances the State has made to
FTA. A State that fails to provide these certifications and assurances on behalf of itself and its
Federal Register / Vol. 74, No. 200 /Monday, October 19, 2009 /Notices 53567
APPENDIX A
subrecipients may be determined ineligible for a grant of Federal assistance under 49 U.S.C.
5311 if FTA lacks sufficient information from which to make those determinations required by
Federal laws and regulations governing the Nonurbanized Area Formula Program authorized
by 49 U.S.C. 5311. The State is thus requested to select Category "18."
The State or State organization serving as the Applicant and that administers, on behalf of the
State (State) the Nonurbanized Area Formula Program for States authorized by 49 U.S.C. 5311,
assures on behalf of itself and its subrecipients as follows:
A. The State has or will have the necessary legal, financial, and managerial capability to apply
for, receive, and disburse Federal assistance authorized for 49 U.S.C. 5311; and to carry out
each project, including the safety and security aspects of that project;
B. The State has or will have satisfactory continuing control over the use of project equipment
and facilities;
C. The State assures that the project equipment and facilities will be adequately maintained;
D. In compliance with 49 U.S.C. 5311(b)(2)(C)(i), the State's program has provided for a fair
distribution of Federal assistance authorized for 49 U.S.C. 5311 within the State, including
Indian reservations within the State;
E. In compliance with 49 U.S.C. 5311(b)(2)(C)(ii), the State's program provides or will
provide the maximum feasible coordination of public transportation service to receive
assistance under 49 U.S.C. 5311 with transportation service assisted by other Federal
sources;
F. The projects in the State's Nonurbanized Area Formula Program are included in the
Statewide Transportation Improvement Program and, to the extent applicable, the projects
are included in a metropolitan Transportation Improvement Program;
G. The State has or will have available and will provide the amount of funds required by
49 U.S.C. 5311(g) for the local share, and that those funds will be provided from approved
non -Federal sources except as permitted by Federal law; and
H. In compliance with 49 U.S.C. 5311(1), the State will expend not less than fifteen (15)
percent of its Federal assistance authorized under 49 U.S.C. 5311 to develop and support
intercity bus transportation within the State, unless the chief executive officer of the State,
or his or her designee, after consultation with affected intercity bus service providers,
certifies to the Federal Transit Administrator, apart from these certifications and assurances
herein, that the intercity bus service needs of the State are being adequately met.
19. JOB ACCESS AND REVERSE COMMUTE FORMULA GRANT PROGRAM
Each Applicant for Job Access and Reverse Commute (JARC) Formula Grant Program
assistance authorized under 49 U.S.C. 5316 is required to provide the following certifications on
behalf of itself and any subrecipient that may be implementing its project. Unless FTA
determines otherwise in writing, the Applicant itself is ultimately responsible for compliance
with its certifications and assurances even though a subrecipient, lessee, third party contractor,
or other participant may participate in that project. Consequently; in providing certifications
and assurances that involve the compliance of its prospective subrecipients, the Applicant is
strongly encouraged to take the appropriate measures, including but not limited to obtaining
sufficient documentation from each subrecipient, to assure the validity of all certifications and
53568 Federal Register / Vol. 74, No. 200 /Monday, October 19, 2009 /Notices
APPENDIX A
assurances the Applicant has made to FTA. FTA may not award Federal assistance for the JARC
Formula Grant Program until the Applicant provides these certifications by selecting
Category "19."
A. As required by 49 U.S.C. 5316(0(1), which makes the requirements of 49 U.S.C. 5307
applicable to Job Access and Reverse Commute (JARC) formula grants, and 49 U.S.C.
5307(d)(1), the Applicant for JARC Formula Program assistance authorized under
49 U.S.C. 5316, certifies on behalf of itself and its subrecipients, if any, as follows:
(1) In compliance with 49 U.S.C. 5307(d)(1)(A), the Applicant has or will have the legal,
financial, and technical capacity to carry out its proposed program of projects, including
the safety and security aspects of that program;
(2) In compliance with 49 U.S.C. 5307(d)(1)(B), the Applicant has or will have satisfactory
continuing control over the use of project equipment and facilities;
(3) In compliance with 49 U.S.C. 5307(d)(1)(C), the Applicant will adequately maintain the
project equipment and facilities;
(4) In compliance with 49 U.S.C. 5307(d)(1)(D), the Applicant will assure that any elderly
individual, any individual with disabilities, or any person presenting a Medicare card
issued to himself or herself pursuant to title II or title XVIII of the Social Security Act
(42 U.S.C. 401 et seq. or 42 U.S.C. 1395 et seq.), will be charged for transportation
during non -peak hours using or involving a facility or equipment of a project financed
with Federal assistance authorized under 49 U.S.C. 5316 not more than fifty (50)
percent of the peak hour fare;
(5) In compliance with 49 U.S.C. 5307(d)(1)(E), the Applicant, in carrying out a
procurement financed with Federal assistance authorized under 49 U.S.C. 5316: (1) will
use competitive procurement (as defined or approved by FTA), (2) will not use
exclusionary or discriminatory specifications in its procurements, (3) will comply with
applicable Buy America laws, and (4) will comply with the general provisions for
FTA assistance of 49 U.S.C. 5323 and the third party procurement requirements of
49 U.S.C. 5325;
(6) In compliance with 49 U.S.C. 5316(0(1) and 49 U.S.C. 5307(d)(1)(F), the Applicant
certifies that (1) with respect to financial assistance authorized under 49 U.S.C. 5316, it
will conduct in cooperation with the appropriate MPO an areawide solicitation for
applications, and make awards on a competitive basis and (2) with respect to financial
assistance authorized under 49 U.S.C. 5316, it will conduct a statewide solicitation for
applications, and make awards on a competitive basis; and that these activities will be
carried out in a manner that complies with or will comply with 49 U.S.C. 5307(c);
(7) The Applicant has or will have available and will provide the amount of funds required
by 49 U.S.C. 5316(h) for the local share, and that those funds will be provided from
approved non -Federal sources except as permitted by Federal law; and
(8) In compliance with 49 U.S.C. 5307(d)(1)(H), the Applicant will comply with:
(1) 49 U.S.C. 5301(a) (requirements for public transportation systems that maximize the
safe, secure, and efficient mobility of individuals, minimize environmental impacts, and
minimize transportation -related fuel consumption and reliance on foreign oil); and
(2) 49 U.S.C. 5301(d) (special efforts to design and provide public transportation for
elderly individuals and individuals with disabilities); and (3) 49 U.S.C. 5303 through
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APPENDIX A
5306 (planning and private enterprise requirements);
B. In compliance with 49 U.S.C. 5316(d), the Applicant certifies that (1) with respect to
financial assistance authorized under 49 U.S.C. 5316(c)(1)(A), it will conduct in
cooperation with the appropriate MPO an areawide solicitation for applications, and make
awards on a competitive basis and (2) with respect to financial assistance authorized under
49 U.S.C. 5316(c)(1)(B) or 49 U.S.C. 5316(c)(1)(C), it will conduct a statewide solicitation
for applications, and make awards on a competitive basis;
C. In compliance with 49 U.S.C. 5316(0(2), the Applicant certifies that any allocations to
subrecipients of financial assistance authorized under 49 U.S.C. 5316 will be distributed on
a fair and equitable basis;
D. In compliance with 49 U.S.C. 5316(g)(2), the Applicant certifies that, before it transfers
funds to a project funded under 49 U.S.C. 5336, that project has been or will have been
coordinated with private nonprofit providers of services;
E In compliance with 49 U.S.C. 5316(g)(3), the Applicant certifies that: (1) the projects it has
selected or will select for assistance under that program were derived from a locally
developed, coordinated public transit -human services transportation plan; and (2) the plan
was developed through a process that included representatives of public, private, and
nonprofit transportation and human services providers and participation by the public; and
F. In compliance with 49 U.S.C. 5316(c)(3), before the Applicant uses funding apportioned
under 49 U.S.C. 5316(c)(1)(B) or (C) for projects serving an area other than that specified in
49 U.S.C. 5316(2)(B) or (C), the Applicant certifies that the chief executive officer of the
State, or his or her designee will have certified to the Federal Transit Administrator, apart
from these certifications herein, that all of the objectives of 49 U.S.C. 5316 are being met in
the area from which such funding would be derived.
20. NEW FREEDOM PROGRAM
Each Applicant for New Freedom Program assistance authorized under 49 U.S.C. 5317 must
provide the following certifications on behalf of itself and any subrecipient that may be
implementing its project. Unless FTA determines otherwise in writing, the Applicant itself is
ultimately responsible for compliance with its certifications and assurances even though a
subrecipient, lessee, third party contractor, or other participant may participate in that project.
Consequently, in providing certifications and assurances that involve the compliance of its
prospective subrecipients, the Applicant is strongly encouraged to take the appropriate
measures, including but not limited to obtaining sufficient documentation from each
subrecipient, to assure the validity of all certifications and assurances the Applicant has made to
FTA. FTA may not award Federal assistance for the New Freedom Program until the Applicant
provides these certifications by selecting Category "20."
A. As required by 49 U.S.C. 5317(e)(1), which makes the requirements of 49 U.S.C. 5310
applicable to New Freedom grants to the extent the Federal Transit Administrator or his or
her designee determines appropriate, by 49 U.S.C. 5310(d)(1), which makes the
requirements of 49 U.S.C. 5307 applicable to Elderly Individuals and Individuals with
Disabilities Formula grants to the extent the Federal Transit Administrator or his or her
designee determines appropriate, and by 49 U.S.C. 5307(d)(1), the Applicant for New
53570 Federal Register / Vol. 74, No. 200 /Monday, October 19, 2009 /Notices
APPENDIX A
Freedom Program assistance authorized under 49 U.S.C. 5317 certifies and assures on
behalf of itself and its subrecipients, if any, as follows:
(1) In compliance with 49 U.S.C. 5307(d)(1)(A), the Applicant has or will have the legal,
financial, and technical capacity to carry out its proposed program of projects, including
the safety and security aspects of that program;
(2) In compliance with 49 U.S.C. 5307(d)(1)(B), the Applicant has or will have satisfactory
continuing control over the use of project equipment and facilities;
(3) In compliance with 49 U.S.C. 5307(d)(1)(C), the Applicant will adequately maintain the
project equipment and facilities;
(4) In compliance with 49 U.S.C. 5307(d)(1)(E), the Applicant, in carrying out a
procurement financed with Federal assistance authorized under 49 U.S.C. 5317: (1) will
use competitive procurement (as defined or approved by FTA), (2) will not use
exclusionary or discriminatory specifications in its procurements, (3) will comply with
applicable Buy America laws, and (4) will comply with the general provisions for FTA
assistance of 49 U.S.C. 5323 and the third party procurement requirements of 49 U.S.C.
5325;
(5) The Applicant has or will have available and will provide the amount of funds required
by 49 U.S.C. 5317(g) for the local share, and that those funds will be provided from
approved non -Federal sources except as permitted by Federal law; and
(6) In compliance with 49 U.S.C. 5307(d)(1)(H), the Applicant will comply with:
(1) 49 U.S.C. 5301(a) (requirements for public transportation systems that maximize the
safe, secure, and efficient mobility of individuals, minimize environmental impacts, and
minimize transportation -related fuel consumption and reliance on foreign oil);
(2) 49 U.S.C. 5301(d) (special efforts to design and provide public transportation for
elderly individuals and individuals with disabilities); and (3) 49 U.S.C. 5303 through
5306 (planning and private enterprise requirements);
B. In compliance with 49 U.S.C. 5317(d), the Applicant certifies that (1) with respect to
financial assistance authorized under 49 U.S.C. 5317(c)(1)(A), it will conduct in
cooperation with the appropriate MPO an areawide solicitation for applications, and make
awards on a competitive basis and (2) with respect to financial assistance authorized under
49 U.S.C. 5317(c)(1)(B) or 49 U.S.C. 5317(c)(1)(C), it will conduct a statewide solicitation
for applications, and make awards on a competitive basis;
C. In compliance with 49 U.S.C. 5317(0(2), the Applicant certifies that, before it transfers
funds to a project funded under 49 U.S.C. 5336, that project has been or will have been
coordinated with private nonprofit providers of services;
D. In compliance with 49 U.S.C. 5317(e)(2), the Applicant certifies that any allocations to
subrecipients of financial assistance authorized under 49 U.S.C. 5317 will be distributed on
a fair and equitable basis; and
E. In compliance with 49 U.S.C. 5317(0(3), the Applicant certifies that: (1) the projects it has
selected or will select for assistance under that program were derived from a locally
developed, coordinated public transit -human services transportation plan; and (2) the plan
was developed through a process that included representatives of public, private, and
nonprofit transportation and human services providers and through participation by the
public.
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APPENDIX A
21. PAUL S. SARBANES TRANSIT IN PARKS PROGRAM
Each State, tribal area, or local government authority that is an Applicant for Paul S. Sarbanes
Transit in Parks Program assistance (Applicant) authorized by 49 U.S.C. 5320, is required to
provide the following certifications. FTA may not award assistance for the Paul S. Sarbanes
Transit in Parks Program to the Applicant until the Applicant provides these certifications by
selecting Category "21."
A. As required by 49 U.S.C. 5320(i), which makes the requirements of 49 U.S.C. 5307
applicable to the Paul S. Sarbanes Transit in Parks Program to the extent the Federal Transit
Administrator or his or her designee determines appropriate, and 49 U.S.C. 5307(d)(1), the
Applicant certifies as follows:
(1) In compliance with 49 U.S.C. 5307(d)(1)(A), the Applicant has or will have the legal,
financial, and technical capacity to carry out its proposed project, including the safety
and security aspects of that project;
(2) In compliance with 49 U.S.C. 5307(d)(1)(B), the Applicant has or will have satisfactory
continuing control over the use of project equipment and facilities;
(3) In compliance with 49 U.S.C. 5307(d)(1)(C), the Applicant will adequately maintain the
project equipment and facilities;
(4) In compliance with 49 U.S.C. 5307(d)(1)(E), in carrying out a procurement financed
with Federal assistance authorized under 49 U.S.C. 5320, the Applicant: (1) will use
competitive procurement (as defined or approved by FTA), (2) will not use exclusionary
or discriminatory specifications in its procurements, (3) will comply with applicable
Buy America laws, and (4) will comply with the general provisions for FTA assistance
of 49 U.S.C. 5323 and the third party procurement requirements of 49 U.S.C. 5325;
(5) In compliance with 49 U.S.C. 5307(d)(1)(F) and with 49 U.S.C. 5320(e)(2)(C), the
Applicant has complied with or will comply with the requirements of 49 U.S.C. 5307(c).
Specifically, it: (1) has made available, or will make available, to the public information
on the amounts available for the Paul S. Sarbanes Transit in Parks Program, 49 U.S.C.
5320, and the projects it proposes to undertake; (2) has developed or will develop, in
consultation with interested parties including private transportation providers, projects to
be financed; (3) has published or will publish a list of proposed projects in a way that
affected citizens, private transportation providers, and local elected officials have the
opportunity to examine the proposed projects and submit comments on the proposed
projects and the performance of the Applicant; (4) has provided or will provide an
opportunity for a public hearing to obtain the views of citizens on the proposed projects;
(5) has assured or will assure that the proposed projects provide for the coordination of
transportation services assisted under 49 U.S.C. 5336 with transportation services
assisted by another Federal government source; (6) has considered or will consider the
comments and views received, especially those of private transportation providers, in
preparing its final list of projects; and (7) has made or will make the final list of projects
available to the public;
(6) In compliance with 49 U.S.C. 5307(d)(1)(H), the Applicant will comply with:
(1) 49 U.S.C. 5301(a) (requirements for public transportation systems that maximize the
safe, secure, and efficient mobility of individuals, minimize environmental impacts, and
53572 Federal Register / Vol. 74, No. 200 /Monday, October 19, 2009 /Notices
APPENDIX A
minimize transportation -related fuel consumption and reliance on foreign oil);
(2) 49 U.S.C. 5301(d) (special efforts to design and provide public transportation for
elderly individuals and individuals with disabilities); and (3) 49 U.S.C. 5303 through
5306 (planning and private enterprise requirements); and
(7) In compliance with 49 U.S.C. 5307(d)(1)(I), the Applicant has a locally developed
process to solicit and consider public comment before raising a fare or implementing a
major reduction of public transportation; and
B. In compliance with 49 U.S.C. 5320(e)(2)(A), (B), and (D), the Applicant assures that it will:
(1) Comply with the metropolitan planning provisions of 49 U.S.C. 5303;
(2) Comply with the statewide planning provisions of 49 U.S.C. 5304; and
(3) Consult with the appropriate Federal land management agency during the planning
process.
22. TRIBAL TRANSIT PROGRAM
Each Applicant for Tribal Transit Program assistance must provide all certifications and
assurances set forth below. Except to the extent that FTA determines otherwise in writing, FTA
may not award any Federal assistance under the Tribal Transit Program until the Applicant
provides these certifications and assurances by selecting Category "22."
In accordance with 49 U.S.C. 5311(c)(1) that authorizes the Secretary of Transportation to
establish terms and conditions for direct grants to Indian tribal governments, the Applicant
certifies and assures as follows:
A. The Applicant assures that:
(1) It has or will have the necessary legal, financial, and managerial capability to apply for,
receive, and disburse Federal assistance authorized for 49 U.S.C. 5311; and to carry out
each project, including the safety and security aspects of that project;
(2) It has or will have satisfactory continuing control over the use of project equipment and
facilities;
(3) The project equipment and facilities will be adequately maintained; and
(4) Its project will achieve maximum feasible coordination with transportation service
assisted by other Federal sources;
B. In accordance with 49 CFR 18.36(g)(3)(ii), the Applicant certifies that its procurement
system will comply with the requirements of 49 CFR 18.36, or will inform FTA promptly
that its procurement system does not comply with 49 CFR 18.36;
C. To the extent applicable to the Applicant or its Project, the Applicant certifies that it will
comply with the certifications, assurances, and agreements in Category 08 (Bus Testing),
Category 09 (Charter Bus Agreement), Category 10 (School Transportation Agreement),
Category 11 (Demand Responsive Service), Category 12 (Alcohol Misuse and Prohibited
Drug Use), and Category 14 (National Intelligent Transportation Systems Architecture and
Standards) of this document; and
D. If its application exceeds $100,000, the Applicant agrees to comply with the certification in
Category 02 (Lobbying) of this document.
Federal Register /Vol. 74, No. 200 / Monday, October 19, 2009 /Notices 53573
APPENDIX A
23. TIFIA PROJECTS
Each Applicant for Transportation Infrastructure Finance and Innovation Act (TIFIA) credit
assistance authorized under 23 U.S.C. chapter 6, is required to provide the following
certifications. FTA may not award TIFIA credit assistance to the Applicant until the Applicant
provides these certifications by selecting Category "23."
A. As required by 49 U.S.C. 5323(o), which makes the requirements of 49 U.S.C. 5307
applicable to Applicants seeking TIFIA credit assistance authorized under 23 U.S.C.
chapter 6, and by 49 U.S.C. 5307(d)(1), the Applicant certifies as follows:
(1) In compliance with 49 U.S.C. 5307(d)(1)(A), the Applicant has or will have the legal,
financial, and technical capacity to carry out its proposed program of projects, including
the safety and security aspects of that program;
(2) In compliance with 49 U.S.C. 5307(d)(1)(B), the Applicant has or will have satisfactory
continuing control over the use of project equipment and facilities;
(3) In compliance with 49 U.S.C. 5307(d)(1)(C), the Applicant will adequately maintain the
project equipment and facilities;
(4) In compliance with 49 U.S.C. 5307(d)(1)(D), the Applicant will assure that any elderly
individual, any individual with disabilities, or any person presenting a Medicare card
issued to himself or herself pursuant to title II or title XVIII of the Social Security Act
(42 U.S.C. 401 et seq. or 42 U.S.C. 1395 et seq.), will be charged for transportation
during non -peak hours using or involving a facility or equipment of a project financed
with Federal assistance authorized under 23 U.S.C. chapter 6, not more than fifty (50)
percent of the peak hour fare;
(5) In compliance with 49 U.S.C. 5307(d)(1)(E), the Applicant, in carrying out a
procurement financed with Federal assistance authorized under 23 U.S.C. chapter 6:
(1) will use competitive procurement (as defined or approved by FTA), (2) will not use
exclusionary or discriminatory specifications in its procurements, (3) will comply with
applicable Buy America laws, and (4) will comply with the general provisions for
FTA assistance of 49 U.S.C. 5323 and the third party procurement requirements of
49 U.S.C. 5325;
(6) In compliance with 49 U.S.C. 5307(d)(1)(F), the Applicant has complied with or will
comply with the requirements of 49 U.S.C. 5307(c). Specifically, it: (a) has made
available, or will make available, to the public information on the amounts available for
TIFIA credit assistance, 23 U.S.C. chapter 6, and the projects it proposes to undertake;
(b) has developed or will develop, in consultation with interested parties including
private transportation providers, the proposed projects to be financed; (c) has published
or will publish a list of projects in a way that affected citizens, private transportation
providers, and local elected officials have the opportunity to examine the proposed
projects and submit comments on the proposed projects and the performance of the
Applicant; (d) has provided or will provide an opportunity for a public hearing to obtain
the views of citizens on the proposed projects; (e) has assured or will assure that the
proposed projects provide for the coordination of transportation services assisted under
49 U.S.C. 5336 with transportation services assisted by another Federal government
source; (f) has considered or will consider the comments and views received, especially
53574 Federal Register/Vol. 74, No. 200 /Monday, October 19, 2009 /Notices
APPENDIX A
those of private transportation providers, in preparing its final list of projects; and
(g) has made or will make the final list of projects available to the public;
(7) In compliance with 49 U.S.C. 5307(d)(1)(G), the Applicant has or will have available
and will provide the amount of funds required for the local share, and that those funds
will be provided from approved non -Federal sources except as permitted by Federal law;
(8) In compliance with 49 U.S.C. 5307(d)(1)(H), (1) the Applicant will comply with:
49 U.S.C. 5301(a) (requirements for public transportation systems that maximize the
safe, secure, and efficient mobility of individuals, minimize environmental impacts, and
minimize transportation -related fuel consumption and reliance on foreign oil);
(2) 49 U.S.C. 5301(d) (special efforts to design and provide public transportation for
elderly individuals and individuals with disabilities); and (3) 49 U.S.C. 5303 through
5306 (planning and private enterprise requirements);
(9) In compliance with 49 U.S.C. 5307(d)(1)(I), the Applicant has a locally developed
process to solicit and consider public comment before raising a fare or implementing a
major reduction of public transportation;
(10) To the extent that the Applicant will be using funds authorized under 49 U.S.C. 5307
for the project, in compliance with 49 U.S.C. 5307(d)(1)(J), each Federal fiscal year, the
Applicant will spend at least one (1) percent of those funds authorized under 49 U.S.C.
5307 for public transportation security projects (this includes only capital projects in the
case of a Applicant serving an urbanized area with a population of 200,000 or more),
unless the Applicant has certified to FTA that such expenditures are not necessary.
Public transportation security projects include increased lighting in or adjacent to a
public transportation system (including bus stops, subway stations, parking lots, and
garages), increased camera surveillance of an area in or adjacent to that system,
emergency telephone line or lines to contact law enforcement or security personnel in an
area in or adjacent to that system, and any other project intended to increase the security
and safety of an existing or planned public transportation; and
(11) To the extent that the Applicant will be using funds authorized under 49 U.S.C. 5307
for the project, in compliance with 49 U.S.C. 5309(d)(1)(K): (1) an Applicant that serves
an urbanized area with a population of at least 200,000 will expend not less than one
(1) percent of the amount it receives each Federal fiscal year under 49 U.S.C. 5307 for
transit enhancements, as defined at 49 U.S.C. 5302(a), and (2) if it has received transit
enhancement funds authorized by 49 U.S.C. 5307(k)(1), its quarterly report for the
fourth quarter of the preceding Federal fiscal year includes a list of the projects it has
implemented during that Federal fiscal year using those funds, and that report is
incorporated by reference and made part of its certifications and assurances; and
B. As required by 49 U.S.C. 5323(o), which makes the requirements of 49 U.S.C. 5309
applicable to Applicants seeking TIFIA credit assistance authorized under 23 U.S.C.
chapter 6, and by 49 U.S.C. 5309(g)(2)(B)(iii), 5309(g)(3)(B)(iii), and 5309(i)(2)(C), the
Applicant certifies that it will not seek reimbursement for interest and other financing costs
incurred in connection with the Project unless the Applicant is eligible to receive Federal
assistance for those expenses and the Applicant's records demonstrate that it has used
reasonable diligence in seeking the most favorable financing terms underlying those costs,
to the extent FTA may require.
Federal Register/Vol. 74, No. 200 /Monday, October 19, 2009 /Notices 53575
APPENDIX A
24. DEPOSITS OF FEDERAL FINANCIAL ASSISTANCE
TO STATE INFRASTRUCTURE BANKS
The State organization that administers the State Infrastructure Bank (SIB) Program on behalf of
a State (State) and that is also an Applicant for Federal assistance authorized under 49 U.S.C.
chapter 53 that it intends to deposit in its SIB is requested to provide the following assurances on
behalf of itself its SIB, and each subrecipient. Unless FTA determines otherwise in writing, the
State itself is ultimately responsible for compliance with its certifications and assurances even
though the SIB and a subrecipient may participate in that project. Consequently, in providing
certifications and assurances that involve the compliance of its SIB and prospective
subrecipients, the State is strongly encouraged to take the appropriate measures, including but
not limited to obtaining sufficient documentation from the SIB and each subrecipient, to assure
the validity of all certifications and assurances the State has made to FTA. FTA may not award
Federal assistance for the SIB Program to the State until the State provides these assurances by
selecting Category "24."
The State organization, serving as the Applicant (State) for Federal assistance for its State
Infrastructure Bank (SIB) Program authorized by section 1602 of SAFETEA-LU, now codified
at 23 U.S.C. 610, or by section 1511 of TEA -21, 23 U.S.C. 181 note, or by section 350 of the
National Highway System Designation Act of 1995, as amended, 23 U.S.C. 181 note, agrees and
assures the agreement of its SIB and the agreement of each recipient of Federal assistance
derived from the SIB within the State (subrecipient) that each public transportation project
financed with Federal assistance derived from SIB will be administered in accordance with:
A. Applicable provisions of section 1602 of SAFETEA-LU, now codified at 23 U.S.C. 610, or
by section 1511 of TEA -21, 23 U.S.C. 181 note, or by section 350 of the National Highway
System Designation Act of 1995, as amended, 23 U.S.C. 181;
B. The provisions of the FHWA, FRA, and FTA or the FHWA and FTA cooperative
agreement with the State to establish the State's SIB Program;
C. The provisions of the FTA grant agreement with the State that provides Federal assistance
for the SIB, except that any provision of the Federal Transit Administration Master
Agreement incorporated by reference into that grant agreement will not apply if it conflicts
with any provision of section 1602 of SAFETEA-LU, now codified at 23 U.S.C. 610, or
section 1511 of TEA -21, 23 U.S.C. 181 note, or section 350 of the National Highway
System Designation Act of 1995, as amended, 23 U.S.C. 181 note, or Federal guidance
pertaining to the SIB Program, the provisions of the cooperative agreement establishing the
SIB Program within the State, or the provisions of the FTA grant agreement;
D. The requirements applicable to projects of 49 U.S.C. 5307 and 5309, as required by
49 U.S.C. 5323(o); and
E. The provisions of applicable Federal guidance that may be issued and amendments thereto,
unless FTA has provided written approval of an alternative procedure or course of action.
###
Selection and Signature Page(s) follow.
53576 Federal Register/Vol. 74, No. 200 /Monday, October 19, 2009 /Notices
APPENDIX A
FEDERAL FISCAL YEAR 2010 CERTIFICATIONS AND ASSURANCES FOR
FEDERAL TRANSIT ADMINISTRATION ASSISTANCE PROGRAMS
(Signature page alternative to providing Certifications and Assurances in TEAM -Web)
Name of Applicant: Deschutes County, Oregon
The Applicant agrees to comply with applicable provisions of Categories 01— 24. X
OR
The Applicant agrees to comply with applicable provisions of the Categories it has selected:
Category Description
01. Assurances Required For Each Applicant.
02. Lobbying.
03. Procurement Compliance.
04. Protections for Private Providers of Public Transportation.
05. Public Hearing.
06. Acquisition of Rolling Stock for Use in Revenue Service.
07. Acquisition of Capital Assets by Lease.
08. Bus Testing.
09. Charter Service Agreement.
10. School Transportation Agreement.
11. Demand Responsive Service.
12. Alcohol Misuse and Prohibited Drug Use.
13. Interest and Other Financing Costs.
14. Intelligent Transportation Systems.
15. Urbanized Area Formula Program.
16. Clean Fuels Grant Program.
17. Elderly Individuals and Individuals with Disabilities Formula Program and Pilot Program.
18. Nonurbanized Area Formula Program for States.
19. Job Access and Reverse Commute Program.
20. New Freedom Program.
21. Paul S. Sarbanes Transit in Parks Program.
22. Tribal Transit Program.
23. TIFIA Projects
24. Deposits of Federal Financial Assistance to a State Infrastructure Banks.
Federal Register / Vol. 74, No. 200 / Monday, October 19, 2009 / Notices 5357"7
APPENDIX A
FEDERAL FISCAL YEAR 2010 FTA CERTIFICATIONS AND ASSURANCES SIGNATURE PAGE
(Required of all Applicants for FTA assistance and all FTA Grantees with an active capital or formula project)
Name of Applicant:
AFFIRMATION OF APPLICANT
Deschutes County, Oregon
Name and Relationship of Authorized Representative: Dennis R. Luke, Chair, Board of
County Commissioners
BY SIGNING BELOW, on behalf of the Applicant, I declare that the Applicant has duly authorized me to make
these certifications and assurances and bind the Applicant's compliance. Thus, the Applicant agrees to comply with
all Federal statutes and regulations, and follow applicable Federal directives, and comply with the certifications and
assurances as indicated on the foregoing page applicable to each application it makes to the Federal Transit
Administration (FTA) in Federal Fiscal Year 2010.
FTA intends that the certifications and assurances the Applicant selects on the other side of this document, as
representative of the certifications and assurances in this document, should apply, as provided, to each project for
which the Applicant seeks now, or may later, seek FTA assistance during Federal Fiscal Year 2010.
The Applicant affirms the truthfulness and accuracy of the certifications and assurances it has made in the
statements submitted herein with this document and any other submission made to FTA, and acknowledges that the
Program Fraud Civil Remedies Act of 1986, 31 U.S.C. 3801 et seq., and implementing U.S. DOT regulations,
"Program Fraud Civil Remedies," 49 CFR part 31 apply to any certification, assurance or submission made to FTA.
The criminal provisions of 18 U.S.C. 1001 apply to any certification, assurance, or submission made in connection
with a Federal public transportation program authorized in 49 U.S.C. chapter 53 or any other statute
In signing this document, I declare under penalties of perjury that the foregoing certifications and assurances, and
any other statements made by me on behalf of the Applicant are true and correct.
Signature Date:
Name Dennis R. Luke
Authorized Representative of Applicant
AFFIRMATION OF APPLICANT'S ATTORNEY
For(NameofApplicant): Deschutes County, Oregon
As the undersigned Attorney for the above named Applicant, I hereby affirm to the Applicant that it has authority
under State, local, or tribal government law, as applicable, to make and comply with the certifications and
assurances as indicated on the foregoing pages. I further affirm that, in my opinion, the certifications and assurances
have been legally made and constitute legal and binding obligations on the Applicant.
I further affirm to the Applicant that, to the best of my knowledge, there is no legislation or litigation pending or
imminent that might adversely affect the validity of these certifications and assurances, or of the performance of the
project,
Signature Date:
Name Mark E. Pilliod
Attorney for Applicant
Each Applicant for FTA financial assistance and each FTA Grantee with an active capital or formula project must provide an Affirmation of
Applicant's Attorney pertaining to the Applicant's legal capacity. The Applicant may enter its signature in lieu of the Attorney's signature,
provided the Applicant has on file this Affirmation, signed by the attorney and dated this Federal fiscal year.