DOT 49 CFR PART 604-2010 CHARTER SERVICE.pdf

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1、411 Federal Transit Admin., DOT Pt. 604 days and review any comments sub-mitted thereto. FTA may contact the grantee or subgrantee that submitted the request for relief, or any party that submits comments to the docket, to obtain more information prior to mak-ing a decision. (c) FTA shall then post

2、a decision to the Emergency Relief Docket. FTAs decision will be based on whether the petition meets the criteria for use of these emergency procedures, the sub-stance of the request, and the com-ments submitted regarding the peti-tion. (d) If FTA fails to post a response to the request for relief t

3、o the docket within three business days, the grantee or subgrantee may assume its petition is granted until and unless FTA states otherwise. 601.47 Review Procedures. (a) FTA reserves the right to reopen any docket and reconsider any decision made pursuant to these emergency pro-cedures based upon i

4、ts own initiative, based upon information or comments received subsequent to the three busi-ness day comment period, or at the re-quest of a grantee or subgrantee upon denial of a request for relief. FTA shall notify the grantee or subgrantee if it plans to reconsider a decision. (b) FTA decision le

5、tters, either granting or denying a petition, shall be posted in the appropriate Emergency Relief Docket and shall reference the document number of the petition to which it relates. PART 604CHARTER SERVICE Subpart AGeneral Provisions Sec. 604.1 Purpose. 604.2 Applicability. 604.3 Definitions. 604.4

6、Charter service agreement. Subpart BExceptions 604.5 Purpose. 604.6 Government officials on official gov-ernment business. 604.7 Qualified human service organizations. 604.8 Leasing FTA funded equipment and drivers. 604.9 When no registered charter provider responds to notice from a recipient. 604.1

7、0 Agreement with registered charter providers. 604.11 Petitions to the administrator. 604.12 Reporting requirements for all excep-tions. Subpart CProcedures for Registration and Notification 604.13 Registration of private charter opera-tors. 604.14 Recipients notification to registered charter provi

8、ders. Subpart DRegistration of Qualified Human Service Organizations and Du-ties for Recipients With Respect to Charter Registration Web Site 604.15 Registration of qualified human serv-ices organizations. 604.16 Duties for recipients with respect to Charter Registration Web site. Subpart EAdvisor O

9、pinions and Cease and Desist Orders 604.17 Purpose. 604.18 Request for an advisory opinion. 604.19 Processing of advisory opinions. 604.20 Effect of an advisory opinion. 604.21 Special considerations for advisory opinions. 604.22 Request for a cease and desist order. 604.23 Effect of a cease and des

10、ist order. 604.24 Decisions by the Chief Counsel re-garding cease and desist orders. Subpart FComplaints 604.25 Purpose. 604.26 Complaints and decisions regarding removal of private charter operators or qualified human service organizations from registration list. 604.27 Complaints, answers, replies

11、, and other documents. 604.28 Dismissals. 604.29 Incomplete complaints. 604.30 Filing complaints. 604.31 Service. Subpart GInvestigations 604.32 Investigation of complaint. 604.33 Agency initiation of investigation. Subpart HDecisions by FTA and Appointment of a Presiding Official (PO) 604.34 Chief

12、Counsel decisions and appoint-ment of a PO. 604.35 Separation of functions. Subpart IHearings 604.36 Powers of a PO. VerDate Mar2010 10:10 Dec 13, 2010 Jkt 220218 PO 00000 Frm 00421 Fmt 8010 Sfmt 8010 Y:SGML220218.XXX 220218wwoods2 on DSK1DXX6B1PROD with CFRProvided by IHSNot for ResaleNo reproducti

13、on or networking permitted without license from IHS-,-,-412 49 CFR Ch. VI (10110 Edition) 604.1 604.37 Appearances, parties, and rights of parties. 604.38 Discovery. 604.39 Deposition. 604.40 Public disclosure of evidence. 604.41 Standard of proof. 604.42 Burden of proof. 604.43 Offer of proof. 604.

14、44 Record. 604.45 Waiver of procedures. 604.46 Recommended decision by a PO. 604.47 Remedies. Subpart JAppeal to Administrator and Final Agency Orders 604.48 Appeal from Chief Counsel decision. 604.49 Administrators discretionary review of the Chief Counsels decision. Subpart KJudicial Review 604.50

15、 Judicial review of a final decision and order. APPENDIX A TO PART 604 LISTING OF HUMAN SERVICE FEDERAL FINANCIAL ASSISTANCE PROGRAMS APPENDIX B TO PART 604REASONS FOR RE-MOVAL APPENDIX C TO PART 604FREQUENTLY ASKED QUESTIONS APPENDIX D TO PART 604TABLE OF POTEN-TIAL REMEDIES AUTHORITY: 49 U.S.C. 53

16、23(d): 3023(d), Pub. L. 10959; 49 CFR 1.51. SOURCE: 73 FR 2345, Jan. 14, 2008, unless otherwise noted. Subpart AGeneral provisions. 604.1 Purpose. (a) The purpose of this part is to im-plement 49 U.S.C. 5323(d), which pro-tects private charter operators from unauthorized competition from recipi-ents

17、 of Federal financial assistance under the Federal Transit Laws. (b) This subpart specifies which enti-ties shall comply with the charter serv-ice regulations; defines terms used in this part; explains procedures for an exemption from this part; and sets out the contents of a charter service agree-m

18、ent. 604.2 Applicability. (a) The requirements of this part shall apply to recipients of Federal fi-nancial assistance under the Federal Transit Laws, except as otherwise pro-vided in paragraphs (b) through (g) of this section. (b) The requirements of this part shall not apply to a recipient trans-p

19、orting its employees, other transit system employees, transit manage-ment officials, transit contractors and bidders, government officials and their contractors and official guests, to or from transit facilities or projects with-in its geographic service area or pro-posed geographic service area for

20、 the purpose of conducting oversight func-tions such as inspection, evaluation, or review. (c) The requirements of this part shall not apply to private charter oper-ators that receive, directly or indi-rectly, Federal financial assistance under section 3038 of the Transpor-tation Equity Act for the

21、21st Century, as amended, or to the non-FTA funded activities of private charter operators that receive, directly or indirectly, FTA financial assistance under any of the following programs: 49 U.S.C. 5307, 49 U.S.C. 5309, 49 U.S.C. 5310, 49 U.S.C. 5311, 49 U.S.C. 5316, or 49 U.S.C. 5317. (d) The re

22、quirements of this part shall not apply to a recipient trans-porting its employees, other transit system employees, transit manage-ment officials, transit contractors and bidders, government officials and their contractors and official guests, for emergency preparedness planning and operations. (e)

23、The requirements of this part shall not apply to a recipient that uses Federal financial assistance from FTA, for program purposes only, under 49 U.S.C. 5310, 49 U.S.C. 5311, 49 U.S.C. 5316, or 49 U.S.C. 5317. (f) The requirements of this part shall not apply to a recipient, for ac-tions directly re

24、sponding to an emer-gency declared by the President, gov-ernor, or mayor or in an emergency re-quiring immediate action prior to a formal declaration. If the emergency lasts more than 45 days, the recipient shall follow the procedures set out in subpart D of 49 CFR 601. (g) The requirements of this

25、part shall not apply to a recipient in a non- urbanized area transporting its em-ployees, other transit system employ-ees, transit management officials, and transit contractors and bidders to or from transit training outside its geo-graphic service area. VerDate Mar2010 10:10 Dec 13, 2010 Jkt 220218

26、 PO 00000 Frm 00422 Fmt 8010 Sfmt 8010 Y:SGML220218.XXX 220218wwoods2 on DSK1DXX6B1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-413 Federal Transit Admin., DOT 604.3 604.3 Definitions. All terms defined in 49 U.S.C. 5301 et seq. are u

27、sed in their statutory mean-ing in this part. Other terms used in this part are defined as follows: (a) Federal Transit Laws means 49 U.S.C. 5301 et seq., and includes 23 U.S.C. 103(e)(4), 142(a), and 142(c), when used to provide assistance to public transit agencies for purchasing buses and vans. (

28、b) Administrator means the Admin-istrator of the Federal Transit Admin-istration or his or her designee. (c) Charter service means, but does not include demand response service to individuals: (1) Transportation provided by a re-cipient at the request of a third party for the exclusive use of a bus

29、or van for a negotiated price. The following fea-tures may be characteristic of charter service: (i) A third party pays the transit pro-vider a negotiated price for the group; (ii) Any fares charged to individual members of the group are collected by a third party; (iii) The service is not part of t

30、he transit providers regularly scheduled service, or is offered for a limited pe-riod of time; or (iv) A third party determines the ori-gin and destination of the trip as well as scheduling; or (2) Transportation provided by a re-cipient to the public for events or func-tions that occur on an irregu

31、lar basis or for a limited duration and: (i) A premium fare is charged that is greater than the usual or customary fixed route fare; or (ii) The service is paid for in whole or in part by a third party. (d) Charter service hours means total hours operated by buses or vans while in charter service in

32、cluding: (1) Hours operated while carrying passengers for hire, plus (2) Associated deadhead hours. (e) Chief Counsel means the Chief Counsel of FTA and his or her des-ignated employees. (f) Days means calendar days. The last day of a time period is included in the computation of time unless the las

33、t day is a Saturday, Sunday, or legal holiday, in which case, the time period runs until the end of the next day that is not a Saturday, Sunday, or legal hol-iday. (g) Demand response means any non-fixed route system of transporting individuals that requires advanced scheduling by the customer, incl

34、uding services provided by public entities, nonprofits, and private providers. (h) Exclusive means service that a reasonable person would conclude is in-tended to exclude members of the pub-lic. (i) FTA means the Federal Transit Administration. (j) Geographic service area means the entire area in wh

35、ich a recipient is authorized to provide public transpor-tation service under appropriate local, state, and Federal law. (k) Government official means an in-dividual elected or appointed at the local, state, or Federal level. (l) Interested party means an indi-vidual, partnership, corporation, asso-

36、ciation, or other organization that has a financial interest that is affected by the actions of a recipient providing charter service under the Federal Tran-sit Laws. This term includes states, counties, cities, and their subdivisions, and tribal nations. (m) Pattern of violations means more than on

37、e finding of unauthorized charter service under this part by FTA beginning with the most recent finding of unauthorized charter service and looking back over a period not to ex-ceed 72 months. (n) Presiding Official means an offi-cial or agency representative who con-ducts a hearing at the request o

38、f the Chief Counsel and who has had no pre-vious contact with the parties con-cerning the issue in the proceeding. (o) Program purposes means trans-portation that serves the needs of ei-ther human service agencies or tar-geted populations (elderly, individuals with disabilities, and or low income in

39、-dividuals); this does not include exclu-sive service for other groups formed for purposes unrelated to the special needs of the targeted populations identified herein. (p) Public transportation has the meaning set forth in 49 U.S.C. 5302(a)(10). (q) Qualified human service organiza-tion means an or

40、ganization that VerDate Mar2010 10:10 Dec 13, 2010 Jkt 220218 PO 00000 Frm 00423 Fmt 8010 Sfmt 8010 Y:SGML220218.XXX 220218wwoods2 on DSK1DXX6B1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-414 49 CFR Ch. VI (10110 Edition) 604.4 serve

41、s persons who qualify for human service or transportation-related pro-grams or services due to disability, in-come, or advanced age. This term is used consistent with the Presidents Executive Order on Human Service Transportation Coordination (February 24, 2004). (r) Recipient means an agency or ent

42、ity that receives Federal financial assistance, either directly or indi-rectly, including subrecipients, under the Federal Transit Laws. This term does not include third-party contrac-tors who use non-FTA funded vehicles. (s) Registered charter provider means a private charter operator that wants to

43、 receive notice of charter serv-ice requests directed to recipients and has registered on FTAs charter reg-istration Web site. (t) Registration list means the cur-rent list of registered charter providers and qualified human service organiza-tions maintained on FTAs charter reg-istration Web site. (

44、u) Special transportation means de-mand response or paratransit service that is regular and continuous and is a type of public transportation. (v) Violation means a finding by FTA of a failure to comply with one of the requirements of this Part. 604.4 Charter service agreement. (a) A recipient seeki

45、ng Federal as-sistance under the Federal Transit Laws to acquire or operate any public transportation equipment or facilities shall enter into a Charter Service Agreement as set out in paragraph (b) of this section. (b) A recipient shall enter into a Charter Service Agreement if it re-ceives Federal

46、 funds for equipment or facilities under the Federal Transit Laws. The terms of the Charter Service Agreement are as follows: The recipi-ent agrees that it, and each of its sub-recipients, and third party contractors at any level who use FTA-funded vehi-cles, may provide charter service using equipm

47、ent or facilities acquired with Federal assistance authorized under the Federal Transit Laws only in com-pliance with the regulations set out in 49 CFR 604, the terms and conditions of which are incorporated herein by ref-erence. (c) The Charter Service Agreement is contained in the Certifications a

48、nd As-surances published annually by FTA for applicants for Federal financial as-sistance. Once a recipient receives Fed-eral funds, the Certifications and As-surances become part of its Grant Agreement or Cooperative Agreement for Federal financial assistance. Subpart BExceptions 604.5 Purpose. The

49、 purpose of this subpart is to identify the limited exceptions under which recipients may provide commu-nity-based charter services. 604.6 Government officials on official government business. (a) A recipient may provide charter service to government officials (Fed-eral, State, and local) for official gov-ernment business, which can include non-transit r