§5302. Definitions

(a) General.-In this chapter-

(1) "capital project" means a project for-

(A) acquiring, constructing, supervising, or inspecting equipment or a facility for use in mass transportation, expenses incidental to the acquisition or construction (including designing, engineering, location surveying, mapping, and acquiring rights of way), payments for the capital portions of rail trackage rights agreements, relocation assistance, acquiring replacement housing sites, and acquiring, constructing, relocating, and rehabilitating replacement housing;

(B) rehabilitating a bus that extends the economic life of a bus for at least 5 years;

(C) remanufacturing a bus that extends the economic life of a bus for at least 8 years; or

(D) overhauling rail rolling stock.

(2) "chief executive officer of a State" includes the designee of the chief executive officer.

(3) "emergency regulation" means a regulation-

(A) that is effective temporarily before the expiration of the otherwise specified periods of time for public notice and comment under section 5334(b) of this title; and

(B) prescribed by the Secretary of Transportation as the result of a finding that a delay in the effective date of the regulation-

(i) would injure seriously an important public interest;

(ii) would frustrate substantially legislative policy and intent; or

(iii) would damage seriously a person or class without serving an important public interest.

(4) "fixed guideway" means a mass transportation facility-

(A) using and occupying a separate right of way or rail for the exclusive use of mass transportation and other high occupancy vehicles; or

(B) using a fixed catenary system and a right of way usable by other forms of transportation.

(5) "handicapped individual" means an individual who, because of illness, injury, age, congenital malfunction, or other incapacity or temporary or permanent disability (including an individual who is a wheelchair user or has semiambulatory capability), cannot use effectively, without special facilities, planning, or design, mass transportation service or a mass transportation facility.

(6) "local governmental authority" includes-

(A) a political subdivision of a State;

(B) an authority of at least one State or political subdivision of a State;

(C) an Indian tribe; and

(D) a public corporation, board, or commission established under the laws of a State.

(7) "mass transportation" means transportation by a conveyance that provides regular and continuing general or special transportation to the public, but does not include schoolbus, charter, or sightseeing transportation.

(8) "net project cost" means the part of a project that reasonably cannot be financed from revenues.

(9) "new bus model" means a bus model (including a model using alternative fuel)-

(A) that has not been used in mass transportation in the United States before the date of production of the model; or

(B) used in mass transportation in the United States but being produced with a major change in configuration or components.

(10) "regulation" means any part of a statement of general or particular applicability of the Secretary of Transportation designed to carry out, interpret, or prescribe law or policy in carrying out this chapter.

(11) "State" means a State of the United States, the District of Columbia, Puerto Rico, the Northern Mariana Islands, Guam, American Samoa, and the Virgin Islands.

(12) "urban area" means an area that includes a municipality or other built-up place that the Secretary of Transportation, after considering local patterns and trends of urban growth, decides is appropriate for a local mass transportation system to serve individuals in the locality.

(13) "urbanized area" means an area-

(A) encompassing at least an urbanized area within a State that the Secretary of Commerce designates; and

(B) designated an urbanized area within boundaries fixed by State and local officials and approved by the Secretary of Transportation.

(b) Authority To Modify "Handicapped Individual".-The Secretary of Transportation by regulation may modify the definition of subsection (a)(5) of this section as it applies to section 5307(d)(1)(D) of this title.

( Pub. L. 103–272, §1(d), July 5, 1994, 108 Stat. 786 ; Pub. L. 103–331, title III, §335A, Sept. 30, 1994, 108 Stat. 2495 .)

Historical and Revision Notes

Revised Section	Source (U.S. Code)	Source (Statutes at Large)
5302(a)(1)	49 App.:1608(c)(1).	July 9, 1964, Pub. L. 88–365, §12(c)(1), 78 Stat. 306 ; Aug. 10, 1965, Pub. L. 89–117, §1109, 79 Stat. 507 ; Sept. 8, 1966, Pub. L. 89–562, §2(a)(1), 80 Stat. 715 ; May 25, 1967, Pub. L. 90–19, §20, 81 Stat. 25 ; Aug. 1, 1968, Pub. L. 90–448, §702, 82 Stat. 535 ; restated Nov. 6, 1978, Pub. L. 95–599, §308(b), 92 Stat. 2746 ; Jan. 6, 1983, Pub. L. 97–424, §309(a), 96 Stat. 2151 ; Apr. 2, 1987, Pub. L. 100–17, §309(a), 101 Stat. 227 .
	49 App.:1608(c)(7), (8).	July 9, 1964, Pub. L. 88–365, §12(c)(3)–(9), 78 Stat. 306 ; Aug. 10, 1965, Pub. L. 89–117, §1109, 79 Stat. 507 ; Sept. 8, 1966, Pub. L. 89–562, §2(a)(1), 80 Stat. 715 ; May 25, 1967, Pub. L. 90–19, §20, 81 Stat. 25 ; Aug. 1, 1968, Pub. L. 90–448, §702, 82 Stat. 535 ; restated Nov. 6, 1978, Pub. L. 95–599, §308(b), 92 Stat. 2746 ; Dec. 18, 1991, Pub. L. 102–240, §3016, 105 Stat. 2108 .
5302(a)(2)	49 App.:1608(c)(3).
5302(a)(3)	49 App.:1608(c)(13).	July 9, 1965, Pub. L. 88–365, 78 Stat. 302 , §12(c)(12), (13); added Apr. 2, 1987, Pub. L. 100–17, §318(b)(3), 101 Stat. 234 .
5302(a)(4)	49 App.:1608(c)(2).	July 9, 1964, Pub. L. 88–365, §12(c)(2), 78 Stat. 306 ; Aug. 10, 1965, Pub. L. 89–117, §1109, 79 Stat. 507 ; Sept. 8, 1966, Pub. L. 89–562, §2(a)(1), 80 Stat. 715 ; May 25, 1967, Pub. L. 90–19, §20, 81 Stat. 25 ; Aug. 1, 1968, Pub. L. 90–448, §702, 82 Stat. 535 ; restated Nov. 6, 1978, Pub. L. 95–599, §308(b), 92 Stat. 2746 ; Jan. 6, 1983, Pub. L. 97–424, §309(b), 96 Stat. 2151 .
5302(a)(5)	49 App.:1608(c)(4) (1st sentence).
5302(a)(6)	49 App.:1608(c)(5).
5302(a)(7)	49 App.:1608(c)(6).
5302(a)(8)	(no source).
5302(a)(9)	49 App.:1608(h)(2).	July 9, 1964, Pub. L. 88–365, 78 Stat. 302 , §12(h)(2); added Apr. 2, 1987, Pub. L. 100–17, §317(a), 101 Stat. 233 ; Dec. 18, 1991, Pub. L. 102–240, §6021(a), 105 Stat. 2184 .
	49 App.:1608 (note).	Apr. 2, 1988, Pub. L. 100–17, §317(b)(4), 101 Stat. 233 .
5302(a)(10)	49 App.:1608(c)(12).
5302(a)(11)	49 App.:1608(c)(9).
5302(a)(12)	49 App.:1608(c)(10).	July 9, 1964, Pub. L. 88–365, §12(c)(10), (11), 78 Stat. 306 ; Aug. 10, 1965, Pub. L. 89–117, §1109, 79 Stat. 507 ; Sept. 8, 1966, Pub. L. 89–562, §2(a)(1), 80 Stat. 715 ; May 25, 1967, Pub. L. 90–19, §20, 81 Stat. 25 ; Aug. 1, 1968, Pub. L. 90–448, §702, 82 Stat. 535 ; restated Nov. 6, 1978, Pub. L. 95–599, §308(b), 92 Stat. 2746 ; Apr. 2, 1987, Pub. L. 100–17, §318(b)(1), (2), 101 Stat. 234 .
5302(a)(13)	49 App.:1608(c)(11).
5302(b)	49 App.:1608(c)(4) (last sentence).

In this chapter, the words "local governmental authority" are substituted for "local public body" for consistency in the revised title and with other titles of the United States Code.

In subsection (a), before clause (1), the text of 49 App.:1608(c)(7) is omitted as surplus. The text of 49 App.:1608(c)(8) is omitted because the complete title of the Secretary of Transportation is used the first time the term appears in a section. In clause (1), before subclause (A), the words "capital project" are substituted for "construction" for clarity. In subclause (A), the words "actual", "all", and "reconstruction" are omitted as surplus. In subclause (D), the words "(whether or not such overhaul increases the useful life of the rolling stock)" are omitted as surplus. In clause (2), the words "for each of the jurisdictions included in the definition of 'State' " are omitted as surplus. In clauses (3) and (10), the word "regulation" is substituted for "rule" for consistency in the revised title and with other titles of the Code and because the terms are synonymous. In clause (3)(B)(iii), the words "of persons" are omitted as surplus. In clauses (4) and (5), the word "mass" is substituted for "public" because of the restatement. In clause (4)(A), the words "including, but not limited to, fixed rail, automated guideway transit, and exclusive facilities for buses" are omitted as surplus. In clause (6)(A), the words "municipalities and other" are omitted as surplus. In clause (6)(B), the word "authority" is substituted for "public agencies and instrumentalities" for consistency in the revised title and with other titles of the Code. The word "municipalities" is omitted as surplus. In clause (7), the words "bus, or rail, or other", "either publicly or privately owned", and "on a . . . basis" are omitted as surplus. Clause (8) is added for clarity because the term "net project cost" has the same meaning throughout this chapter. In clause (11), the words "the Commonwealths of" are omitted as surplus. In clause (12), the word "individuals" is substituted for "commuters or others" to eliminate unnecessary words. In clause (13)(A), the words "in the case of any such area" and "entire" are omitted as surplus. The words "Secretary of Commerce" are substituted for "Bureau of the Census" because of 15:1511(e). In clause (13)(B), the words "so designated by the Bureau of Census", "which shall be", "responsible", and "in cooperation with each other" are omitted as surplus.

Subsection (b) applies to section 5307(d)(1)(D) of the revised title because of 49 App.:1607a(e)(1), restated as section 5307(n)(2) of the revised title.

Amendments

1994-Subsec. (a)(1). Pub. L. 103–331, which directed insertion of "payments for the capital portions of rail trackage rights agreements," after "rights-of-way,", was executed by making the insertion after "rights of way)," to reflect the probable intent of Congress.

Section Referred to in Other Sections

This section is referred to in sections 5307, 5336, 10504, 10531 of this title.