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49 U.S.C. § 5302

Section 5302 · Definitions

Version as of August 10, 2005, with additions and removals from the July 22, 1998 version.

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As of August 10, 2005
As of July 22, 1998
(a) In General.—In this chapter, the following definitions apply:
(a) In General.—Except as otherwise specifically provided, in this chapter, the following definitions apply:

(1) Capital project.—The term “capital project” means a project for—

(1) Capital project.—The term “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, transit-related intelligent transportation systems, relocation assistance, acquiring replacement housing sites, and acquiring, constructing, relocating, and rehabilitating replacement housing;
(A) acquiring, constructing, supervising, or inspecting equipment or a facility for use in public 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, transit-related intelligent transportation systems, relocation assistance, acquiring replacement housing sites, and acquiring, constructing, relocating, and rehabilitating replacement housing;

(B) rehabilitating a bus;

(B) rehabilitating a bus;

(C) remanufacturing a bus;

(C) remanufacturing a bus;

(D) overhauling rail rolling stock;

(D) overhauling rail rolling stock;

(E) preventive maintenance;

(E) preventive maintenance;

(F) leasing equipment or a facility for use in mass transportation, subject to regulations that the Secretary prescribes limiting the leasing arrangements to those that are more cost-effective than purchase or construction;
(F) leasing equipment or a facility for use in public transportation, subject to regulations that the Secretary prescribes limiting the leasing arrangements to those that are more cost-effective than purchase or construction;
(G) a mass transportation improvement that enhances economic development or incorporates private investment, including commercial and residential development, pedestrian and bicycle access to a mass transportation facility, and the renovation and improvement of historic transportation facilities, because the improvement enhances the effectiveness of a mass transportation project and is related physically or functionally to that mass transportation project, or establishes new or enhanced coordination between mass transportation and other transportation, and provides a fair share of revenue for mass transportation that will be used for mass transportation—
(G) a public transportation improvement that enhances economic development or incorporates private investment, including commercial and residential development, pedestrian and bicycle access to a public transportation facility, construction, renovation, and improvement of intercity bus and intercity rail stations and terminals, and the renovation and improvement of historic transportation facilities, because the improvement enhances the effectiveness of a public transportation project and is related physically or functionally to that public transportation project, or establishes new or enhanced coordination between public transportation and other transportation, and provides a fair share of revenue for public transportation that will be used for public transportation—

(i) including property acquisition, demolition of existing structures, site preparation, utilities, building foundations, walkways, open space, safety and security equipment and facilities (including lighting, surveillance and related intelligent transportation system applications), facilities that incorporate community services such as daycare or health care, and a capital project for, and improving, equipment or a facility for an intermodal transfer facility or transportation mall, except that a person making an agreement to occupy space in a facility under this subparagraph shall pay a reasonable share of the costs of the facility through rental payments and other means; and

(i) including property acquisition, demolition of existing structures, site preparation, utilities, building foundations, walkways, open space, safety and security equipment and facilities (including lighting, surveillance and related intelligent transportation system applications), facilities that incorporate community services such as daycare or health care, and a capital project for, and improving, equipment or a facility for an intermodal transfer facility or transportation mall, except that a person making an agreement to occupy space in a facility under this subparagraph shall pay a reasonable share of the costs of the facility through rental payments and other means; and

(ii) excluding construction of a commercial revenue-producing facility or a part of a public facility not related to mass transportation;
(ii) excluding construction of a commercial revenue-producing facility (other than an intercity bus station or terminal) or a part of a public facility not related to public transportation;
(H) the introduction of new technology, through innovative and improved products, into mass transportation; or
(H) the introduction of new technology, through innovative and improved products, into public transportation;
(I) the provision of nonfixed route paratransit transportation services in accordance with section 223 of the Americans with Disabilities Act of 1990 (42 U.S.C. 12143), but only for grant recipients that are in compliance with applicable requirements of that Act, including both fixed route and demand responsive service, and only for amounts not to exceed 10 percent of such recipient's annual formula apportionment under sections 5307 and 5311.
(I) the provision of nonfixed route paratransit transportation services in accordance with section 223 of the Americans with Disabilities Act of 1990 (42 U.S.C. 12143), but only for grant recipients that are in compliance with applicable requirements of that Act, including both fixed route and demand responsive service, and only for amounts not to exceed 10 percent of such recipient's annual formula apportionment under sections 5307 and 5311;

(J) crime prevention and security—

(i) including—

(I) projects to refine and develop security and emergency response plans;

(II) projects aimed at detecting chemical and biological agents in public transportation;

(III) the conduct of emergency response drills with public transportation agencies and local first response agencies; and

(IV) security training for public transportation employees; but

(ii) excluding all expenses related to operations, other than such expenses incurred in conducting activities described in clauses (i)(III) and (i)(IV);

(K) establishing a debt service reserve, made up of deposits with a bondholder's trustee, to ensure the timely payment of principal and interest on bonds issued by a grant recipient to finance an eligible project under this chapter; or

(L) mobility management—

(i) consisting of short-range planning and management activities and projects for improving coordination among public transportation and other transportation service providers carried out by a recipient or subrecipient through an agreement entered into with a person, including a governmental entity, under this chapter (other than section 5309); but

(ii) excluding operating public transportation services.

(2) Chief executive officer of a state.—The term “chief executive officer of a State” includes the designee of the chief executive officer.

(2) Chief executive officer of a state.—The term “chief executive officer of a State” includes the designee of the chief executive officer.

(3) Emergency regulation.—The term “emergency regulation” means a regulation—

(3) Emergency regulation.—The term “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); and
(A) that is effective temporarily before the expiration of the otherwise specified periods of time for public notice and comment under section 5334(b); 1 and

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

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

(i) would injure seriously an important public interest;

(i) would injure seriously an important public interest;

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

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

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

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

(4) Fixed guideway.—The term “fixed guideway” means a mass transportation facility—
(4) Fixed guideway.—The term “fixed guideway” means a public 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
(A) using and occupying a separate right-of-way or rail for the exclusive use of public transportation and other high occupancy vehicles; or

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

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

(5) Handicapped individual.—The term “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.
(5) Individual with a disability.—The term “individual with a disability” 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, public transportation service or a public transportation facility.

(6) Local governmental authority.—The term “local governmental authority” includes—

(6) Local governmental authority.—The term “local governmental authority” includes—

(A) a political subdivision of a State;

(A) a political subdivision of a State;

(B) an authority of at least 1 State or political subdivision of a State;

(B) an authority of at least 1 State or political subdivision of a State;

(C) an Indian tribe; and

(C) an Indian tribe; and

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

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

(7) Mass transportation.—The term “mass transportation” means transportation by a conveyance that provides regular and continuing general or special transportation to the public, but does not include school bus, charter, or sightseeing transportation.

(7) Mass transportation.—The term “mass transportation” means public transportation.

(8) Net project cost.—The term “net project cost” means the part of a project that reasonably cannot be financed from revenues.

(8) Net project cost.—The term “net project cost” means the part of a project that reasonably cannot be financed from revenues.

(9) New bus model.—The term “new bus model” means a bus model (including a model using alternative fuel)—

(9) New bus model.—The term “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
(A) that has not been used in public 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.
(B) used in public transportation in the United States, but being produced with a major change in configuration or components.

(10) Public transportation.—The term “public transportation” means mass transportation.

(10) Public transportation.—The term “public 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 intercity bus transportation or intercity passenger rail transportation provided by the entity described in chapter 243 (or a successor to such entity).

(11) Regulation.—The term “regulation” means any part of a statement of general or particular applicability of the Secretary designed to carry out, interpret, or prescribe law or policy in carrying out this chapter.

(11) Regulation.—The term “regulation” means any part of a statement of general or particular applicability of the Secretary designed to carry out, interpret, or prescribe law or policy in carrying out this chapter.

(12) Secretary.—The term “Secretary” means the Secretary of Transportation.

(12) Secretary.—The term “Secretary” means the Secretary of Transportation.

(13) State.—The term “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.

(13) State.—The term “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.

(14) Transit.—The term “transit” means mass transportation.
(14) Transit.—The term “transit” means public transportation.
(15) Transit enhancement.—The term “transit enhancement” means, with respect to any project or an area to be served by a project, projects that are designed to enhance mass transportation service or use and that are physically or functionally related to transit facilities. Eligible projects are—
(15) Transit enhancement.—The term “transit enhancement” means, with respect to any project or an area to be served by a project, projects that are designed to enhance public transportation service or use and that are physically or functionally related to transit facilities. Eligible projects are—
(A) historic preservation, rehabilitation, and operation of historic mass transportation buildings, structures, and facilities (including historic bus and railroad facilities);
(A) historic preservation, rehabilitation, and operation of historic public transportation buildings, structures, and facilities (including historic bus and railroad facilities);

(B) bus shelters;

(B) bus shelters;

(C) landscaping and other scenic beautification, including tables, benches, trash receptacles, and street lights;

(C) landscaping and other scenic beautification, including tables, benches, trash receptacles, and street lights;

(D) public art;

(D) public art;

(E) pedestrian access and walkways;

(E) pedestrian access and walkways;

(F) bicycle access, including bicycle storage facilities and installing equipment for transporting bicycles on mass transportation vehicles;
(F) bicycle access, including bicycle storage facilities and installing equipment for transporting bicycles on public transportation vehicles;

(G) transit connections to parks within the recipient's transit service area;

(G) transit connections to parks within the recipient's transit service area;

(H) signage; and

(H) signage; and

(I) enhanced access for persons with disabilities to mass transportation.
(I) enhanced access for persons with disabilities to public transportation.
(16) Urban area.—The term “urban area” means an area that includes a municipality or other built-up place that the Secretary, after considering local patterns and trends of urban growth, decides is appropriate for a local mass transportation system to serve individuals in the locality.
(16) Urban area.—The term “urban area” means an area that includes a municipality or other built-up place that the Secretary, after considering local patterns and trends of urban growth, decides is appropriate for a local public transportation system to serve individuals in the locality.

(17) Urbanized area.—The term “urbanized area” means an area—

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

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

(17) Urbanized area.—The term “urbanized area” means an area encompassing a population of not less than 50,000 people that has been defined and designated in the most recent decennial census as an “urbanized area” by the Secretary of Commerce.

(b) Authority To Modify “Handicapped Individual”.—The Secretary may by regulation modify the definition of the term “handicapped individual” in subsection (a)(5) as it applies to section 5307(d)(1)(D).
(b) Authority To Modify “Individual With a Disability”.—The Secretary may by regulation modify the definition of the term “individual with a disability” in subsection (a)(5) as it applies to section 5307(d)(1)(D).
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