[Code of Federal Regulations]
[Title 49, Volume 7]
[Revised as of October 1, 2006]
From the U.S. Government Printing Office via GPO Access
[CITE: 49CFR604.7]

[Page 14-15]
 
                        TITLE 49--TRANSPORTATION
 
CHAPTER VI--FEDERAL TRANSIT ADMINISTRATION, DEPARTMENT OF TRANSPORTATION
 
PART 604_CHARTER SERVICE--Table of Contents
 
                            Subpart A_General
 
Sec.  604.7  Charter agreement.

    (a) Every applicant for financial assistance under sections 3 
(excluding section 16(b)(2)), 5, 9A, 9 or 18 of the FT Act, or under 23 
U.S.C. 103(e)(4), 142(a) or 142(c), must include two copies of a

[[Page 15]]

charter bus agreement signed by the applicant's designated official with 
each grant application submitted to FTA after May 13, 1987. For FTA's 
State administered programs, the State is the applicant.
    (b) The text of the agreement must be as follows:

    I, (name), (title), agree that (name of applicant) and all 
recipients through (name of applicant) will provide charter service that 
uses equipment or facilities provided under the Federal Mass Transit Act 
of 1964, as amended (49 U.S.C. 1601 et seq.) or under 23 U.S.C. 
103(e)(4), 142(a) or 142(c) (the Acts) only to the extent that there are 
no private charter service operators willing and able to provide the 
charter service that (name of applicant) and all recipients through 
(name of applicant) desire to provide unless one or more of the 
exceptions in 49 CFR 604.9 applies.
    I further agree that (name of applicant) and all recipients through 
(name of applicant) will comply with the provisions in 49 CFR part 604 
before they provide any charter service using equipment or facilities 
provided under the Acts, that the requirements of 49 CFR part 604 will 
apply to any such charter service that is provided, and that the 
definitions in 49 CFR part 604 apply to this agreement.

                                Applicant

[fxsp0]_________________________________________________________________

Name

[fxsp0]_________________________________________________________________

Title

[fxsp0]_________________________________________________________________

Date

                     Federal Transit Administration

[fxsp0]_________________________________________________________________

Name

[fxsp0]_________________________________________________________________

Title

[fxsp0]_________________________________________________________________

Date

    (c) If FTA approves the grant application, the approving official 
shall sign the agreement when the grant application is approved. One 
copy of the signed agreement will be retained by FTA and the other copy 
will be returned to the recipient, formerly the applicant.
    (d) Once the applicant and FTA enter into a charter agreement, the 
applicant may incorporate that agreement by reference into any 
subsequent grant application instead of submitting an agreement under 49 
CFR 604.7(a).
    (e) Each State in FTA's State administered programs must:
    (1) Obtain a certification of compliance with this part from each of 
its current subrecipients within 60 days of May 13, 1987. The 
certification shall state: ``(Name of subrecipient) certifies that it 
shall comply with 49 CFR part 604 in the provision of any charter 
service provided with FTA funded equipment or facilities.'';
    (2) Retain this certification as long as the subrecipient is a 
subrecipient; and
    (3) Assure in each application submitted to FTA after May 13, 1987, 
that all subrecipients have submitted the certification.
    (f) If any recipient does not anticipate submitting a grant 
application to FTA during Federal fiscal year 1987, the recipient must 
submit two copies of the agreement set forth in Sec.  604.7(b) of this 
part within 60 days of May 13, 1987, to the appropriate FTA regional 
office. FTA will sign the agreement, retain one copy of the agreement 
and return the other to the recipient.

(Approved by the Office of Management and Budget under Control No. 2132-
0543)