1、439 Federal Transit Admin., DOT Pt. 605 A: FTA views trolleys as buses. Thus, all the privately owned buses must be engaged in service and unavailable before a transit agency may lease its trolley. Alternatively, the transit agency could enter into an agree-ment with all registered charter providers
2、 in its geographic service area to allow it to pro-vide trolley charter services. (71) Q: How does a transit agency enter into an agreement with all registered char-ter providers in its geographic service area? A: A public transit agency should send an email notice to all registered charter pro-vide
3、rs of its intent to provide charter serv-ice. A registered charter provider must re-spond to the email notice either affirma-tively or negatively. The transit agency should also indicate in the email notification that failure to respond to the email notice results in concurrence with the notificatio
4、n. (72) Q: Can a registered charter provider re-scind its affirmative response to an email notification? A: Yes. If after further consideration or a change in circumstances for the registered charter provider, a registered charter pro-vider may notify the customer and the tran-sit agency that it is
5、no longer interested in providing the requested charter service. At that point, the transit agency may make the decision to step back in to provide the serv-ice. (73) Q: What happens after a registered charter provider submits a quote for charter services to a customer? Does the transit agency have
6、to review the quote? A: Once a registered charter provider re-sponds affirmatively to an email notification and provides the customer a commercially reasonable quote, then the transit agency may not step back in to perform the service. A transit agency is not responsible for re-viewing the quote sub
7、mitted by a registered charter provider. FTA recommends that a registered charter provider include in the quote an expiration date for the offer. 73 FR 44931, Aug. 1, 2008 APPENDIX D TO PART 604TABLE OF POTENTIAL REMEDIES Remedy Assessment Matrix: FTAs Remedy Policy This remedy policy applies to dec
8、isions by the Chief Counsel, Presiding Officials, and final determinations by the Administrator. Remedy calculation is based on the fol-lowing elements: (1) The nature and circumstances of the violation; (2) The extent and gravity of the violation (extent of deviation from regulatory re-quirements);
9、 (3) The revenue earned (economic ben-efit) by providing the charter service; (4) The operating budget of the recipient; (5) Such other matters as justice may re-quire; and (6) Whether a recipient provided service de-scribed in a cease and desist order after issuance of such order by the Chief Couns
10、el. 73 FR 44935, Aug. 1, 2008; 73 FR 46554, Aug. 11, 2008 PART 605SCHOOL BUS OPERATIONS Subpart AGeneral Sec. 605.1 Purpose. 605.2 Scope. 605.3 Definitions. VerDate Mar2010 10:10 Dec 13, 2010 Jkt 220218 PO 00000 Frm 00449 Fmt 8010 Sfmt 8010 Y:SGML220218.XXX 220218ER11AU08.015wwoods2 on DSK1DXX6B1PRO
11、D with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-440 49 CFR Ch. VI (10110 Edition) 605.1 605.4 Public hearing requirement. Subpart BSchool Bus Agreements 605.10 Purpose. 605.11 Exemptions. 605.12 Use of project equipment. 605.13 Tripper serv
12、ice. 605.14 Agreement. 605.15 Content of agreement. 605.16 Notice. 605.17 Certification in lieu of notice. 605.18 Comments by private school bus oper-ators. 605.19 Approval of school bus operations. Subpart CModification of Prior Agree-ments and Amendment of Application for Assistance 605.20 Modific
13、ation of prior agreements. 605.21 Amendment of applications for assist-ance. Subpart DComplaint Procedures and Remedies 605.30 Filing a complaint. 605.31 Notification to the respondent. 605.32 Accumulation of evidentiary mate-rial. 605.33 Adjudication. 605.34 Remedy where there has been a viola-tion
14、 of the agreement. 605.35 Judicial review. Subpart EReporting and Records 605.40 Reports and information. APPENDIX A TO PART 605 AUTHORITY: Federal Mass Transit Act of 1964, as amended (49 U.S.C. 1601 et seq.); 23 U.S.C. 103(e)(4); 23 U.S.C. 142 (a) and (c); and 49 CFR 1.51. SOURCE: 41 FR 14128, Apr
15、. 1, 1976, unless otherwise noted. Subpart AGeneral 605.1 Purpose. (a) The purpose of this part is to pre-scribe policies and procedures to imple-ment section 109(a) of the National Mass Transportation Assistance Act of 1974 (Pub. L. 93503; November 26, 1974; 88 Stat. 1565). Section 109(a) adds a ne
16、w section 3(g) to the Federal Mass Tran-sit Act of 1964, as amended (49 U.S.C. 1602(g) and differs from section 164(b) of the Federal-Aid Highway Act of 1973 (49 U.S.C. 1602a(b) in that section 3(g) applies to all grants for the construc-tion or operation of mass transpor-tation facilities and equip
17、ment under the Federal Mass Transit Act, and is not limited to grants for the purchase of buses as is section 164(b). (b) By the terms of section 3(g) no Federal financial assistance may be provided for the construction or oper-ation of facilities and equipment for use in providing public mass trans
18、por-tation service to an applicant unless the applicant and the Administrator enter into an agreement that the appli-cant will not engage in school bus oper-ations exclusively for the transpor-tation of students and school per-sonnel, in competition with private school bus operators. 605.2 Scope. Th
19、ese regulations apply to all recipi-ents of financial assistance for the con-struction or operation of facilities and equipment for use in providing mass transportation under: (a) The Federal Mass Transit Act of 1964, as amended (49 U.S.C. 1601 et seq.); (b) 23 U.S.C. 142 (a) and (c); and 23 U.S.C.
20、103 (e)(4). 605.3 Definitions. (a) Except as otherwise provided, terms defined in the Federal Mass Transit Act of 1964, as amended (49 U.S.C. 1604, 1608) are used in this part as so defined. (b) For purposes of this part The Acts means the Federal Mass Transit Act of 1964, as amended (49 U.S.C. 1601
21、 et seq.); 23 U.S.C. 142 (a) and (c); and 23 U.S.C. 103(e)(4). Administrator means the Federal Mass Transit Administrator or his designee. Adequate transportation means trans-portation for students and school per-sonnel which the Administrator deter-mines conforms to applicable safety laws; is on ti
22、me; poses a minimum of discipline problems; is not subject to fluctuating rates; and is operated effi-ciently and in harmony with state edu-cational goals and programs. Agreement means a contractual agree-ment required under section 3(g) of the Federal Mass Transit Act of 1964, as amended (49 U.S.C.
23、 1602(g). Applicant means applicant for assist-ance under the Acts. Assistance means Federal financial assistance for the purchase of buses VerDate Mar2010 10:10 Dec 13, 2010 Jkt 220218 PO 00000 Frm 00450 Fmt 8010 Sfmt 8010 Y:SGML220218.XXX 220218wwoods2 on DSK1DXX6B1PROD with CFRProvided by IHSNot
24、for ResaleNo reproduction or networking permitted without license from IHS-,-,-441 Federal Transit Admin., DOT 605.11 and the construction or operation of fa-cilities and equipment for use in pro-viding mass transportation services under the Acts, but does not include re-search, development and demo
25、nstra-tion projects funded under the Acts. Grant contract means the contract be-tween the Government and the grantee which states the terms and conditions for assistance under the Acts. Government means the Government of the United States of America. Grantee means a recipient of assist-ance under th
26、e Acts. Incidental means the transportation of school students, personnel and equipment in charter bus operations during off peak hours which does not interfere with regularly scheduled service to the public (as defined in the Opinion of the Comptroller General of the United States, B160204, Decembe
27、r 7, 1966, which is attached as appendix A of this part). Interested party means an individual, partnership, corporation, association or public or private organization that has a financial interest which is ad-versely affected by the act or acts of a grantee with respect to school bus op-erations. R
28、easonable Rates means rates found by the Administration to be fair and equitable taking into consideration the local conditions which surround the area where the rate is in question. School bus operations means transpor-tation by bus exclusively for school students, personnel and equipment in Type I
29、 and Type II school vehicles as defined in Highway Safety Program Standard No. 17. Tripper service means regularly sched-uled mass transportation service which is open to the public, and which is de-signed or modified to accommodate the needs of school students and personnel, using various fare coll
30、ections or sub-sidy systems. Buses used in tripper service must be clearly marked as open to the public and may not carry des-ignations such as school bus or school special. These buses may stop only at a grantee or operators regular service stop. All routes traveled by tripper buses must be within
31、a grant-ees or operators regular route service as indicated in their published route schedules. Urban area means the entire area in which a local public body is authorized by appropriate local, State and Federal law to provide regularly scheduled mass transportation service. This in-cludes all areas
32、 which are either: (a) Within an urbanized area as defined and fixed in accordance with 23 CFR part 470, subpart B; or (b) within an urban area or other built-up place as determined by the Secretary under sec-tion 12(c)(4) of the Federal Mass Tran-sit Act of 1964, as amended (49 U.S.C. 1608(c)(4). 6
33、05.4 Public hearing requirement. Each applicant who engages or wish-es to engage in school bus operations shall afford an adequate opportunity for the public to consider such oper-ations at the time the applicant con-ducts public hearings to consider the economic, social or environmental ef-fects of
34、 its requested Federal financial assistance under section 3(d) of the Federal Mass Transit Act of 1964, as amended (49 U.S.C. 1602(d). Subpart BSchool Bus Agreements 605.10 Purpose. The purpose of this subpart is to for-mulate procedures for the development of an agreement concerning school bus oper
35、ations. 605.11 Exemptions. A grantee or applicant may not en-gage in school bus operations in com-petition with private school bus opera-tors unless it demonstrates to the sat-isfaction of the Administrator as fol-lows: (a) That it operates a school system in its urban area and also operates a separ
36、ate and exclusive school bus pro-gram for that school system; or (b) That private school bus operators in the urban area are unable to provide adequate transportation, at a reason-able rate, and in conformance with ap-plicable safety standards; or (c) That it is a state or local public body or agenc
37、y thereof (or a direct predecessor in interest which has ac-quired the function of so transporting schoolchildren and personnel along with facilities to be used therefor) who VerDate Mar2010 10:10 Dec 13, 2010 Jkt 220218 PO 00000 Frm 00451 Fmt 8010 Sfmt 8010 Y:SGML220218.XXX 220218wwoods2 on DSK1DXX
38、6B1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-442 49 CFR Ch. VI (10110 Edition) 605.12 was so engaged in school bus oper-ations: (1) In the case of a grant involving the purchase of busesanytime during the 12-month period immediatel
39、y prior to August 13, 1973. (2) In the case of a grant for con-struction or operating of facilities and equipment made pursuant to the FT Act as amended (49 U.S.C. 1601 et seq.), anytime during the 12-month period immediately prior to November 26, 1974. 605.12 Use of project equipment. No grantee or
40、 operator of project equipment shall engage in school bus operations using buses, facilities or equipment funded under the Acts. A grantee or operator may, however, use such buses, facilities and equipment for the transportation of school students, personnel and equipment in incidental charter bus o
41、perations. Such use of project equipment is subject to part 604 of Federal Mass Transit Regulations. 605.13 Tripper service. The prohibition against the use of buses, facilities and equipment funded under the Acts shall not apply to trip-per service. 605.14 Agreement. Except as provided in 605.11 no
42、 as-sistance shall be provided under the Acts unless the applicant and the Ad-ministrator shall have first entered into a written agreement that the ap-plicant will not engage in school bus operations exclusively for the transpor-tation of students and school personnel in competition with private sc
43、hool bus operators. 605.15 Content of agreement. (a) Every grantee who is not author-ized by the Administrator under 605.11 of this part to engage in school bus op-erations shall, as a condition of assist-ance, enter into a written agreement required by 605.14 which shall contain the following provi
44、sions: (1) The grantee and any operator of project equipment agrees that it will not engage in school bus operations in competition with private school bus operators. (2) The grantee agrees that it will not engage in any practice which con-stitutes a means of avoiding the re-quirements of this agree
45、ment, part 605 of the Federal Mass Transit Regula-tions, or section 164(b) of the Federal- Aid Highway Act of 1973 (49 U.S.C. 1602a(b). (b) Every grantee who obtains au-thorization from the Administrator to engage in school bus operations under 605.11 of this part shall, as a condition of assistance
46、, enter into a written agreement required by 605.14 of this part which contains the following pro-visions: (1) The grantee agrees that neither it nor any operator of project equipment will engage in school bus operations in competition with private school bus operators except as provided herein. (2)
47、 The grantee, or any operator of project equipment, agrees to promptly notify the Administrator of any changes in its operations which might jeopardize the continuation of an ex-emption under 605.11. (3) The grantee agrees that it will not engage in any practice which con-stitutes a means of avoidin
48、g the re-quirements of this agreement, part 605 of the Federal Transit Administration regulations or section 164(b) of the Fed-eral-Aid Highway Act of 1973 (49 U.S.C. 1602a(b). (4) The grantee agrees that the project facilities and equipment shall be used for the provision of mass trans-portation se
49、rvices within its urban area and that any other use of project facilities and equipment will be inci-dental to and shall not interfere with the use of such facilities and equip-ment in mass transportation service to the public. 605.16 Notice. (a) Each applicant who engages or wishes to engage in school bus oper-ations shall include the following in its application: (1) A statement that it has provided written n
