DOT 49 CFR PART 639-2010 CAPITAL LEASES.pdf
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1、466 49 CFR Ch. VI (10110 Edition) 633.27 construction and for system installa-tion and integration of system compo-nents; (h) Material testing policies and pro-cedures; (i) Plan for internal reporting re-quirements including cost and schedule control procedures; and (j) Criteria and procedures to be
2、 used for testing the operational system or its major components; 633.27 Implementation of a project management plan. (a) Upon approval of a project man-agement plan by the Administrator the recipient shall begin implementing the plan. (b) If a recipient must modify an ap-proved project management p
3、lan, the recipient shall submit the proposed changes to the Administrator along with an explanation of the need for the changes. (c) A recipient shall submit periodic updates of the project management plan to the Administrator. Such up-dates shall include, but not be limited to: (1) Project budget;
4、(2) Project schedule; (3) Financing, both capital and oper-ating; (4) Ridership estimates, including op-erating plan; and (5) Where applicable, the status of local efforts to enhance ridership when estimates are contingent, in part, upon the success of such efforts. (d) A recipient shall submit curr
5、ent data on a major capital projects budg-et and schedule to the Administrator on a monthly basis. 633.29 PMP waivers. A waiver will be considered upon ini-tiation by the grantee or by the agency itself. The Administrator may, on a case-by-case basis, waive: (a) Any of the PMP elements in 633.25 of
6、this part if the Administrator determines the element is not nec-essary for a particular plan; or (b) The requirement of having a new project management plan submitted for a major capital project if a recipi-ent seeks to manage the major capital project under a previously-approved project management
7、 plan. PART 639CAPITAL LEASES Subpart AGeneral Sec. 639.1 General overview of this part. 639.3 Purpose of this part. 639.5 Scope of this part. 639.7 Definitions. Subpart BRequirements 639.11 Lease qualification requirements. 639.13 Eligible types of leases. 639.15 Eligible forms of grant. 639.17 Eli
8、gible lease costs. 639.19 Other Federal requirements. Subpart CCost-Effectiveness 639.21 Determination of cost-effectiveness. 639.23 Calculation of purchase or construc-tion cost. 639.25 Calculation of lease cost. 639.27 Minimum criteria. Subpart DLease Management 639.31 Early lease termination or m
9、odifica-tion. 639.33 Management of leased assets. AUTHORITY: 49 U.S.C. 5302; 49 CFR 1.51. SOURCE: 56 FR 51794, Oct. 15, 1991, unless otherwise noted. Subpart AGeneral 639.1 General overview of this part. This part contains the requirements to qualify for capital assistance when leasing facilities or
10、 equipment under the Federal transit laws. This part is set out in four subparts, with subpart A containing general information on scope and definitions. Subpart B con-tains the principal requirements of this part, including eligibility require-ments, the self-certification system used, and identifi
11、cation of the various forms of leases and grants that are eli-gible under the program. Subpart B also contains a section on other Fed-eral requirements that may apply. Sub-part C includes the actual calculations that each recipient should undertake before certifying that a lease is cost-ef-fective.
12、Finally, subpart D contains re-quirements on early lease termination and project management in general. 63 FR 68366, Dec. 10, 1998 VerDate Mar2010 10:10 Dec 13, 2010 Jkt 220218 PO 00000 Frm 00476 Fmt 8010 Sfmt 8010 Y:SGML220218.XXX 220218wwoods2 on DSK1DXX6B1PROD with CFRProvided by IHSNot for Resal
13、eNo reproduction or networking permitted without license from IHS-,-,-467 Federal Transit Admin., DOT 639.13 639.3 Purpose of this part. This rule implements section 3003 of the Transportation Equity Act for the 21st Century (Pub. L. 105178). Section 3003 amended section 5302 of Chapter 53 of Title
14、49 of the United States Code to allow a recipient to use capital funds to finance the leasing of facilities and equipment on the condition that the leasing arrangements are more cost ef-fective than purchase or construction. 63 FR 68367, Dec. 10, 1998 639.5 Scope of this part. This part applies to a
15、ll requests for capital assistance under Chapter 53 of Title 49 of the United States Code where the proposed method of obtain-ing a capital asset is by lease rather than purchase or construction. 63 FR 68367, Dec. 10, 1998 639.7 Definitions. In this part: Applicant is included in the term recipient.
16、 Capital asset means facilities or equipment with a useful life of at least one year, which are eligible for capital assistance. Capital assistance means Federal fi-nancial assistance for capital projects under section 9 of the FT Act. Capital lease means any transaction whereby the recipient acquir
17、es the right to use a capital asset without ob-taining full ownership regardless of the tax status of the transaction. Equipment means non-expendable per-sonal property. Facilities means real property, includ-ing land, improvements and fixtures. Interest rate means the most advan-tageous interest ra
18、te actually avail-able to the recipient in the market. Present value means the value at the time of calculation of a future pay-ment, or series of future payments dis-counted by the time value of money as represented by an interest rate or simi-lar cost of funds. Recipient means an entity that re-ce
19、ives Federal financial assistance from FTA, including an entity that re-ceives Federal financial assistance from FTA through a State or other public body. In this part, a recipient in-cludes an applicant for Federal finan-cial assistance. FT Act means the Federal Mass Tran-sit Act of 1964, as amende
20、d, 49 U.S.C. 1601 et seq. FTA means the Federal Transit Ad-ministration. Subpart BRequirements 639.11 Lease qualification require-ments. (a) A lease may qualify for capital as-sistance if it meets the following cri-teria: (1) The capital asset to be acquired by lease is otherwise eligible for cap-it
21、al assistance; (2) There is or will be no existing Federal interest in the capital asset as of the date the lease will take effect unless as determined pursuant to 639.13(b); and (3) Lease of the capital asset is more cost-effective than purchase or con-struction of the asset, as determined under su
22、bpart C of this part. (b) Once a lease has been qualified for capital assistance, it need not be re- qualified absent an affirmative act or omission by the recipient that vitiates the cost-effectiveness determination. 639.13 Eligible types of leases. (a) General. Any leasing arrangement, the terms o
23、f which provide for the re-cipients use of a capital asset, poten-tially is eligible as a capital project under Chapter 53 of Title 49 of the United States Code, regardless of the classification of the leasing arrange-ment for tax purposes. (b) Special circumstances. A recipient may request FTA to d
24、etermine the eli-gibility of a certain financial arrange-ment if the recipient believes it might not meet the requirements of this part. (c) Lump sum lease. A recipient that wishes to enter into a lease which re-quires the draw down of a single lump sum payment at the inception of the lease (or paym
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