r/title-15-COMMERCE-AND-TRADE wiki — defined terms

“asbestos-containing material” applies throughout its subchapter

The term “asbestos-containing material” means any material which contains more than 1 percent asbestos by weight. (5) EPA guidance document

“friable asbestos-containing material” applies throughout its subchapter

The term “friable asbestos-containing material” means any asbestos-containing material applied on ceilings, walls, structural members, piping, duct work, or any other part of a building which when dry may be crumbled, pulverized, or reduced to powder by hand pressure. The term includes non-friable asbestos-containing material after such previously non-friable material becomes damaged to the extent that when dry it may be crumbled, pulverized, or reduced to powder by hand pressure. (7) Local educational agency

“Guidance for Controlling Asbestos-Containing Material in Buildings” applies throughout its subchapter

The term “Guidance for Controlling Asbestos-Containing Material in Buildings”, means the Environmental Protection Agency document with such title as in effect on March 31, 1986 . (6) Friable asbestos-containing material

“local educational agency” applies throughout its subchapter

The term “local educational agency” means— (A) any local educational agency as defined in section 7801 of title 20 , (B) the owner of any private, nonprofit elementary or secondary school building, and (C) the governing authority of any school operated under the defense dependents’ education system provided for under the Defense Dependents’ Education Act of 1978 ( 20 U.S.C. 921 et seq.). (8) Most current guidance document

“most current guidance document” applies throughout its subchapter

The term “most current guidance document” means the Environmental Protection Agency’s “Guidance for Controlling Asbestos-Containing Material in Buildings” as modified by the Environmental Protection Agency after March 31, 1986 . (9) Non-profit elementary or secondary school

“non-profit elementary or secondary school” applies throughout its subchapter

The term “non-profit elementary or secondary school” means any elementary school or secondary school (as defined in section 7801 of title 20 ) owned and operated by one or more nonprofit corporations or associations no part of the net earnings of which inures, or may lawfully inure, to the benefit of any private shareholder or individual. (10) Public and commercial building

“public and commercial building” applies throughout its subchapter

The term “public and commercial building” means any building which is not a school building, except that the term does not include any residential apartment building of fewer than 10 units. (11) Response action

“response action” applies throughout its subchapter

The term “response action” means methods that protect human health and the environment from asbestos-containing material. Such methods include methods described in chapters 3 and 5 of the Environmental Protection Agency’s “Guidance for Controlling Asbestos-Containing Materials in Buildings”. (12) School

“school” applies throughout its subchapter

The term “school” means any elementary school or secondary school as defined in section 7801 of title 20 . (13) School building

“school building” applies throughout its subchapter

The term “school building” means— (A) any structure suitable for use as a classroom, including a school facility such as a laboratory, library, school eating facility, or facility used for the preparation of food, (B) any gymnasium or other facility which is specially designed for athletic or recreational activities for an academic course in physical education, (C) any other facility used for the instruction of students or for the administration of educational or research programs, and (D) any maintenance, storage, or utility facility, including any hallway, essential to the operation of any facility described in subparagraphs (A), (B), or (C). (14) State

“State” applies throughout its subchapter

The term “State” means a State, the District of Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa, the Northern Marianas, the Trust Territory of the Pacific Islands, and the Virgin Islands.

“preventive measures” applies in that section

the term “preventive measures” means actions which eliminate the reasonable likelihood of asbestos-containing material becoming damaged, deteriorated, or delaminated, or significantly damaged 1 deteriorated, or delaminated (as the case may be) or which protect human health and the environment.

“emergency repair” applies in that section

the term “emergency repair” means a repair in a school building that was not planned and was in response to a sudden, unexpected event that threatens either— (1) the health or safety of building occupants; or (2) the structural integrity of the building.

“local educational agency” applies throughout its subchapter

The term “local educational agency” means— (A) any local educational agency as defined in section 7801 of title 20 ; (B) the owner of any nonprofit elementary or secondary school building; and (C) the governing authority of any school operated pursuant to section 241 of title 20 , as in effect before enactment of the Improving America’s Schools Act of 1994, or successor authority, relating to impact aid for children who reside on Federal property.;

“nonprofit elementary or secondary school” applies throughout its subchapter

The term “nonprofit elementary or secondary school” has the meaning given such term by section 2642(8) 1 of this title.;

“radon” applies throughout its subchapter

The term “radon” means the radioactive gaseous element and its short-lived decay products produced by the disintegration of the element radium occurring in air, water, soil, or other media.;

“school building” applies throughout its subchapter

The term “school building” has the meaning given such term by section 2642(13) of this title .

“abatement” applies throughout its subchapter

The term “abatement” means any set of measures designed to permanently eliminate lead-based paint hazards in accordance with standards established by the Administrator under this subchapter. Such term includes— (A) the removal of lead-based paint and lead-contaminated dust, the permanent containment or encapsulation of lead-based paint, the replacement of lead-painted surfaces or fixtures, and the removal or covering of lead-contaminated soil; and (B) all preparation, cleanup, disposal, and postabatement clearance testing activities associated with such measures. (2) Accessible surface

“accessible surface” applies throughout its subchapter

The term “accessible surface” means an interior or exterior surface painted with lead-based paint that is accessible for a young child to mouth or chew. (3) Deteriorated paint

“deteriorated paint” applies throughout its subchapter

The term “deteriorated paint” means any interior or exterior paint that is peeling, chipping, chalking or cracking or any paint located on an interior or exterior surface or fixture that is damaged or deteriorated. (4) Evaluation

“evaluation” applies throughout its subchapter

The term “evaluation” means risk assessment, inspection, or risk assessment and inspection. (5) Friction surface

“friction surface” applies throughout its subchapter

The term “friction surface” means an interior or exterior surface that is subject to abrasion or friction, including certain window, floor, and stair surfaces. (6) Impact surface

“impact surface” applies throughout its subchapter

The term “impact surface” means an interior or exterior surface that is subject to damage by repeated impacts, for example, certain parts of door frames. (7) Inspection

“inspection” applies throughout its subchapter

The term “inspection” means (A) a surface-by-surface investigation to determine the presence of lead-based paint, as provided in section 4822(c) of title 42 , and (B) the provision of a report explaining the results of the investigation. (8) Interim controls

“interim controls” applies throughout its subchapter

The term “interim controls” means a set of measures designed to reduce temporarily human exposure or likely exposure to lead-based paint hazards, including specialized cleaning, repairs, maintenance, painting, temporary containment, ongoing monitoring of lead-based paint hazards or potential hazards, and the establishment and operation of management and resident education programs. (9) Lead-based paint

“lead-based paint” applies throughout its subchapter

The term “lead-based paint” means paint or other surface coatings that contain lead in excess of 1.0 milligrams per centimeter squared or 0.5 percent by weight or (A) in the case of paint or other surface coatings on target housing, such lower level as may be established by the Secretary of Housing and Urban Development, as defined in section 4822(c) of title 42 , or (B) in the case of any other paint or surface coatings, such other level as may be established by the Administrator. (10) Lead-based paint hazard

“lead-based paint hazard” applies throughout its subchapter

The term “lead-based paint hazard” means any condition that causes exposure to lead from lead-contaminated dust, lead-contaminated soil, lead-contaminated paint that is deteriorated or present in accessible surfaces, friction surfaces, or impact surfaces that would result in adverse human health effects as established by the Administrator under this subchapter. (11) Lead-contaminated dust

“lead-contaminated dust” applies throughout its subchapter

The term “lead-contaminated dust” means surface dust in residential dwellings that contains an area or mass concentration of lead in excess of levels determined by the Administrator under this subchapter to pose a threat of adverse health effects in pregnant women or young children. (12) Lead-contaminated soil

“lead-contaminated soil” applies throughout its subchapter

The term “lead-contaminated soil” means bare soil on residential real property that contains lead at or in excess of the levels determined to be hazardous to human health by the Administrator under this subchapter. (13) Reduction

“reduction” applies throughout its subchapter

The term “reduction” means measures designed to reduce or eliminate human exposure to lead-based paint hazards through methods including interim controls and abatement. (14) Residential dwelling

“residential dwelling” applies throughout its subchapter

The term “residential dwelling” means— (A) a single-family dwelling, including attached structures such as porches and stoops; or (B) a single-family dwelling unit in a structure that contains more than 1 separate residential dwelling unit, and in which each such unit is used or occupied, or intended to be used or occupied, in whole or in part, as the home or residence of 1 or more persons. (15) Residential real property

“residential real property” applies throughout its subchapter

The term “residential real property” means real property on which there is situated 1 or more residential dwellings used or occupied, or intended to be used or occupied, in whole or in part, as the home or residence of 1 or more persons. (16) Risk assessment

“risk assessment” applies throughout its subchapter

The term “risk assessment” means an on-site investigation to determine and report the existence, nature, severity and location of lead-based paint hazards in residential dwellings, including— (A) information gathering regarding the age and history of the housing and occupancy by children under age 6; (B) visual inspection; (C) limited wipe sampling or other environmental sampling techniques; (D) other activity as may be appropriate; and (E) provision of a report explaining the results of the investigation. (17) Target housing

“target housing” applies throughout its subchapter

The term “target housing” means any housing constructed prior to 1978, except housing for the elderly or persons with disabilities or any 0-bedroom dwelling (unless any child who is less than 6 years of age resides or is expected to reside in such housing). In the case of jurisdictions which banned the sale or use of lead-based paint prior to 1978, the Secretary of Housing and Urban Development, at the Secretary’s discretion, may designate an earlier date.

“deleading” applies throughout its subchapter

the term “deleading” means activities conducted by a person who offers to eliminate lead-based paint or lead-based paint hazards or to plan such activities. (c) Renovation and remodeling (1) Guidelines In order to reduce the risk of exposure to lead in connection with renovation and remodeling of target housing, public buildings constructed before 1978, and commercial buildings, the Administrator shall, within 18 months after October 28, 1992 , promulgate guidelines for the conduct of such renovation and remodeling activities which may create a risk of exposure to dangerous levels of lead.

“lead-based paint activities” applies throughout its subchapter

the term “lead-based paint activities” means— (1) in the case of target housing, risk assessment, inspection, and abatement; and (2) in the case of any public building constructed before 1978, commercial building, bridge, or other structure or superstructure, identification of lead-based paint and materials containing lead-based paint, deleading, removal of lead from bridges, and demolition. For purposes of paragraph (2),

“finished good” applies in that section

The term “finished good” means any good or product (other than a panel) containing— (i) hardwood plywood; (ii) particleboard; or (iii) medium-density fiberboard. (B) Exclusions The term “finished good” does not include— (i) any component part or other part used in the assembly of a finished good; or (ii) any finished good that has previously been sold or supplied to an individual or entity that purchased or acquired the finished good in good faith for purposes other than resale, such as— (I) an antique; or (II) secondhand furniture. (2) Hardboard The term “hardboard” has such meaning as the Administrator shall establish, by regulation, pursuant to subsection (d).

“hardwood plywood” applies in that section

The term “hardwood plywood” means a hardwood or decorative panel that is— (i) intended for interior use; and (ii) composed of (as determined under the standard numbered ANSI/HPVA HP–1–2009) an assembly of layers or plies of veneer, joined by an adhesive with— (I) lumber core; (II) particleboard core; (III) medium-density fiberboard core; (IV) hardboard core; or (V) any other special core or special back material.

“laminated product” applies in that section

The term “laminated product” means a product— (I) in which a wood veneer is affixed to— (aa) a particleboard platform; (bb) a medium-density fiberboard platform; or (cc) a veneer-core platform; and (II) that is— (aa) a component part; (bb) used in the construction or assembly of a finished good; and (cc) produced by the manufacturer or fabricator of the finished good in which the product is incorporated. (4) Manufactured home

“manufactured home” applies in that section

The term “manufactured home” has the meaning given the term in section 3280.2 of title 24, Code of Federal Regulations (as in effect on the date of promulgation of regulations pursuant to subsection (d)). (5) Medium-density fiberboard

“medium-density fiberboard” applies in that section

The term “medium-density fiberboard” means a panel composed of cellulosic fibers made by dry forming and pressing a resinated fiber mat (as determined under the standard numbered ANSI A208.2–2009). (6) Modular home

“modular home” applies in that section

The term “modular home” means a home that is constructed in a factory in 1 or more modules— (A) each of which meet applicable State and local building codes of the area in which the home will be located; and (B) that are transported to the home building site, installed on foundations, and completed. (7) No-added formaldehyde-based resin (A) In general;

“no-added formaldehyde-based resin” applies in that section

The term “no-added formaldehyde-based resin” means a resin formulated with no added formaldehyde as part of the resin cross-linking structure in a composite wood product that meets the emission standards in subparagraph (C) as measured by— (I) one test conducted pursuant to test method ASTM E–1333–96 (2002) or, subject to clause (ii), ASTM D–6007–02; and (II) 3 months of routine quality control tests pursuant to ASTM D–6007–02 or ASTM D–5582 or such other routine quality control test methods as may be established by the Administrator through rulemaking.

“particleboard” applies in that section

The term “particleboard” means a panel composed of cellulosic material in the form of discrete particles (as distinguished from fibers, flakes, or strands) that are pressed together with resin (as determined under the standard numbered ANSI A208.1–2009). (B) Exclusions The term “particleboard” does not include any product specified in the standard entitled “Voluntary Product Standard—Performance Standard for Wood-Based Structural-Use Panels” and numbered PS 2–04. (9) Recreational vehicle

“recreational vehicle” applies in that section

The term “recreational vehicle” has the meaning given the term in section 3282.8 of title 24, Code of Federal Regulations (as in effect on the date of promulgation of regulations pursuant to subsection (d)). (10) Ultra low-emitting formaldehyde resin (A) In general;

“stockpiling” applies in that section

the term “stockpiling” means manufacturing or purchasing a composite wood product or finished good containing a regulated composite wood product between July 7, 2010 , and the date 180 days following the promulgation of the regulations pursuant to this subsection at a rate which is significantly greater (as determined by the Administrator) than the rate at which such product or good was manufactured or purchased during a base period (as determined by the Administrator) ending before July 7, 2010 . (4) Import regulations Not later than July 1, 2013 , the Administrator, in coordination with the Commissioner of U.S.

“ultra low-emitting formaldehyde resin” applies in that section

The term “ultra low-emitting formaldehyde resin” means a resin in a composite wood product that meets the emission standards in subparagraph (C) as measured by— (I) 2 quarterly tests conducted pursuant to test method ASTM E–1333–96 (2002) or, subject to clause (ii), ASTM D–6007–02; and (II) 6 months of routine quality control tests pursuant to ASTM D–6007–02 or ASTM D–5582 or such other routine quality control test methods as may be established by the Administrator through rulemaking. (ii) Test results obtained under clause (i)(I) or (II) by any test method other than ASTM E–1333–96 (2002) must include a showing of equivalence by means established by the Administrator through rulemaking.

“affiliate” applies throughout its subchapter

The term “affiliate” means any person who (other than by means of a franchise) controls, is controlled by, or is under common control with, any other person.;

“commerce” applies throughout its subchapter

The term “commerce” means any trade, traffic, transportation, exchange, or other commerce— (A) between any State and any place outside of such State; or (B) which affects any trade, transportation, exchange, or other commerce described in subparagraph (A).;

“contract” applies throughout its subchapter

The term “contract” means any oral or written agreement. For supply purposes, delivery levels during the same month of the previous year shall be prima facie evidence of an agreement to deliver such levels.;

“distributor” applies throughout its subchapter

The term “distributor” means any person, including any affiliate of such person, who— (A) purchases motor fuel for sale, consignment, or distribution to another; or (B) receives motor fuel on consignment for consignment or distribution to his own motor fuel accounts or to accounts of his supplier, but shall not include a person who is an employee of, or merely serves as a common carrier providing transportation service for, such supplier.;

“fail to renew” applies throughout its subchapter

The terms “fail to renew” and “nonrenewal” mean, with respect to any franchise relationship, a failure to reinstate, continue, or extend the franchise relationship— (A) at the conclusion of the term, or on the expiration date, stated in the relevant franchise; (B) at any time, in the case of the relevant franchise which does not state a term of duration or an expiration date; or (C) following a termination (on or after June 19, 1978 ) of the relevant franchise which was entered into prior to June 19, 1978 , and has not been renewed after such date.;

“franchise” applies throughout its subchapter

The term “franchise” means any contract— (i) between a refiner and a distributor, (ii) between a refiner and a retailer, (iii) between a distributor and another distributor, or (iv) between a distributor and a retailer, under which a refiner or distributor (as the case may be) authorizes or permits a retailer or distributor to use, in connection with the sale, consignment, or distribution of motor fuel, a trademark which is owned or controlled by such refiner or by a refiner which supplies motor fuel to the distributor which authorizes or permits such use.;

“franchise relationship” applies throughout its subchapter

The term “franchise relationship” means the respective motor fuel marketing or distribution obligations and responsibilities of a franchisor and a franchisee which result from the marketing of motor fuel under a franchise.;

“franchisee” applies throughout its subchapter

The term “franchisee” means a retailer or distributor (as the case may be) who is authorized or permitted, under a franchise, to use a trademark in connection with the sale, consignment, or distribution of motor fuel.;

“franchisor” applies throughout its subchapter

The term “franchisor” means a refiner or distributor (as the case may be) who authorizes or permits, under a franchise, a retailer or distributor to use a trademark in connection with the sale, consignment, or distribution of motor fuel.;

“leased marketing premises” applies throughout its subchapter

The term “leased marketing premises” means marketing premises owned, leased, or in any way controlled by a franchisor and which the franchisee is authorized or permitted, under the franchise, to employ in connection with the sale, consignment, or distribution of motor fuel.;

“marketing premises” applies throughout its subchapter

The term “marketing premises” means, in the case of any franchise, premises which, under such franchise, are to be employed by the franchisee in connection with sale, consignment, or distribution of motor fuel.;

“motor fuel” applies throughout its subchapter

The term “motor fuel” means gasoline and diesel fuel of a type distributed for use as a fuel in self-propelled vehicles designed primarily for use on public streets, roads, and highways. (13) The term “failure” does not include— (A) any failure which is only technical or unimportant to the franchise relationship; (B) any failure for a cause beyond the reasonable control of the franchisee; or (C) any failure based on a provision of the franchise which is illegal or unenforceable under the law of any State (or subdivision thereof).;

“nonrenewal” applies throughout its subchapter

The terms “fail to renew” and “nonrenewal” mean, with respect to any franchise relationship, a failure to reinstate, continue, or extend the franchise relationship— (A) at the conclusion of the term, or on the expiration date, stated in the relevant franchise; (B) at any time, in the case of the relevant franchise which does not state a term of duration or an expiration date; or (C) following a termination (on or after June 19, 1978 ) of the relevant franchise which was entered into prior to June 19, 1978 , and has not been renewed after such date.;

“refiner” applies throughout its subchapter

The term “refiner” means any person engaged in the refining of crude oil to produce motor fuel, and includes any affiliate of such person.;

“relevant geographic market area” applies throughout its subchapter

The term “relevant geographic market area” includes a State or a standard metropolitan statistical area as periodically established by the Office of Management and Budget.;

“retailer” applies throughout its subchapter

The term “retailer” means any person who purchases motor fuel for sale to the general public for ultimate consumption.;

“State” applies throughout its subchapter

The term “State” means any State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, American Samoa, Guam, and any other commonwealth, territory, or possession of the United States.

“termination” applies throughout its subchapter

The term “termination” includes cancellation.;

“trademark” applies throughout its subchapter

The term “trademark” means any trademark, trade name, service mark, or other identifying symbol or name.;

“interim franchise” applies in that section

The term “interim franchise” means any franchise— (A) which is entered into on or after June 19, 1978 ; (B) the term of which, when combined with the terms of all prior interim franchises between the franchisor and the franchisee, does not exceed 3 years; (C) the effective date of which occurs immediately after the expiration of a prior franchise, applicable to the marketing premises, which was not renewed if such nonrenewal— (i) was based upon a determination described in section 2802(b)(2)(E) of this title , and (ii) the requirements of section 2802(b)(2)(E) of this title were satisfied; and (D) which is in writing and states clearly and conspicuously— (i) that the franchise is an interim …

“trial franchise” applies in that section

The term “trial franchise” means any franchise— (A) which is entered into on or after June 19, 1978 ; (B) the franchisee of which has not previously been a party to a franchise with the franchisor; (C) the initial term of which is for a period of not more than 1 year; and (D) which is in writing and states clearly and conspicuously— (i) that the franchise is a trial franchise; (ii) the duration of the initial term of the franchise; (iii) that the franchisor may fail to renew the franchise relationship at the conclusion of the initial term stated in the franchise by notifying the franchisee, in accordance with the provisions of section 2804 of this title , of the franchisor’s intention not …

“franchise-related document” applies in that section

The term “franchise-related document” means— (A) a franchise under this chapter; and (B) any other contract or directive of a franchisor relating to terms or conditions of the sale of fuel by a franchisee.

“renewable fuel” applies in that section

The term “renewable fuel” means any fuel— (A) at least 85 percent of the volume of which consists of ethanol; or (B) any mixture of biodiesel and diesel or renewable diesel (as defined in regulations adopted pursuant to section 7545( o ) of title 42 (40 CFR, part 80)), determined without regard to any use of kerosene and containing at least 20 percent biodiesel or renewable diesel. (2) Franchise-related document

“automotive fuel” applies throughout its subchapter

The term “automotive fuel” means liquid fuel of a type distributed for use as a fuel in any motor vehicle.;

“automotive fuel rating” applies throughout its subchapter

The term “automotive fuel rating” means— (A) the octane rating of an automotive spark-ignition engine fuel; and (B) if provided for by the Federal Trade Commission by rule, the cetane rating of diesel fuel oils; or (C) another form of rating determined by the Federal Trade Commission, after consultation with the American Society for Testing and Materials, to be more appropriate to carry out the purposes of this subchapter with respect to the automotive fuel concerned. (18);

“automotive fuel requirement” applies throughout its subchapter

The term “automotive fuel requirement” means, with respect to automotive fuel for use in a motor vehicle or a class thereof, imported, manufactured, or assembled by a manufacturer, the minimum automotive fuel rating of such automotive fuel which such manufacturer recommends for the efficient operation of such motor vehicle, or a substantial portion of such class, without knocking.;

“automotive fuel retailer” applies throughout its subchapter

The term “automotive fuel retailer” means any person who markets automotive fuel to the general public for ultimate consumption.;

“cetane number” applies throughout its subchapter

the term “cetane number” have the meanings determined in accordance with the test methods set forth in the American Society for Testing and Materials standard test methods— (i) designated D976 or D4737 in the case of cetane index; and (ii) designated D613 in the case of cetane number, (as in effect on October 24, 1992 ) and shall apply to any grade or type of diesel fuel oils defined in the specification of the American Society for Testing and Materials entitled “Standard Specification for Diesel Fuel Oils” designated D975 (as in effect on October 24, 1992 ).

“cetane rating” applies throughout its subchapter

The term “cetane rating” means a measure, as indicated by a cetane index or cetane number, of the ignition quality of diesel fuel oil and of the influence of the diesel fuel oil on combustion roughness. (B) The term “cetane index” and

“commerce” applies throughout its subchapter

The term “commerce” means any trade, traffic, transportation, exchange, or other commerce— (A) between any State and any place outside of such State; or (B) which affects any trade, transportation, exchange, or other commerce described in subparagraph (A).;

“distributor” applies throughout its subchapter

The term “distributor” means any person who receives automotive fuel and distributes such automotive fuel to another person other than the ultimate purchaser.;

“knock” applies throughout its subchapter

The term “knock” means the combustion of a fuel spontaneously in localized areas of a cylinder of a spark-ignition engine, instead of the combustion of such fuel progressing from the spark.;

“manufacturer” applies throughout its subchapter

The term “manufacturer” means any person who imports, manufactures, or assembles motor vehicles for sale.;

“model year” applies throughout its subchapter

The term “model year” means a manufacturer’s annual production period (as determined by the Federal Trade Commission) for motor vehicles or a class of motor vehicles. If a manufacturer has no annual production period,

“motor octane number” applies throughout its subchapter

The terms “research octane number” and “motor octane number” have the meanings given such terms in the specifications of the American Society for Testing and Materials (ASTM) entitled “Standard Specification for Automotive Spark-Ignition Engine Fuel” designated D4814 (as in effect on June 19, 1978 ) and, with respect to any grade or type of automotive gasoline, are determined in accordance with test methods set forth in ASTM standard test methods designated D 2699 and D 2700 (as in effect on such date).;

“motor vehicle” applies throughout its subchapter

The term “motor vehicle” means any self-propelled four-wheeled vehicle, of less than 6,000 pounds gross vehicle weight, which is designed primarily for use on public streets, roads, and highways.;

“new motor vehicle” applies throughout its subchapter

The term “new motor vehicle” means any motor vehicle the equitable or legal title to which has not previously been transferred to an ultimate purchaser.;

“octane rating” applies throughout its subchapter

The term “octane rating” means the rating of the antiknock characteristics of a grade or type of automotive fuel as determined by dividing by 2 the sum of the research octane number plus the motor octane number, unless another procedure is prescribed under section 2823(c)(3) of this title , in which case such term means the rating of such characteristics as determined under the procedure so prescribed.;

“refiner” applies throughout its subchapter

The term “refiner” means any person engaged in the production or importation of automotive fuel.;

“research octane number” applies throughout its subchapter

The terms “research octane number” and “motor octane number” have the meanings given such terms in the specifications of the American Society for Testing and Materials (ASTM) entitled “Standard Specification for Automotive Spark-Ignition Engine Fuel” designated D4814 (as in effect on June 19, 1978 ) and, with respect to any grade or type of automotive gasoline, are determined in accordance with test methods set forth in ASTM standard test methods designated D 2699 and D 2700 (as in effect on such date).;

“State” applies throughout its subchapter

The term “State” means any State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, American Samoa, Guam, and any other commonwealth, territory, or possession of the United States. (15) the 1 term “person”, for purposes of applying any provision of the Federal Trade Commission Act [ 15 U.S.C. 41 et seq.] with respect to any provision of the subchapter, includes a partnership and a corporation.;

“ultimate purchaser” applies throughout its subchapter

The term “ultimate purchaser” means, with respect to any item, the first person who purchases such item for purposes other than resale.;

“Board” applies throughout its chapter

The term “Board” means the Climate Program Policy Board.;

“Office” applies throughout its chapter

The term “Office” means the National Climate Program Office.;

“Program” applies throughout its chapter

The term “Program” means the National Climate Program.;

“Secretary” applies throughout its chapter

The term “Secretary” means the Secretary of Commerce.

“Authority” applies throughout its chapter

The term “Authority” means the Horseracing Integrity and Safety Authority designated by section 3052(a) of this title . (2) Breeder

“breeder” applies throughout its chapter

The term “breeder” means a person who is in the business of breeding covered horses. (3) Commission

“Commission” applies throughout its chapter

The term “Commission” means the Federal Trade Commission. (4) Covered horse

“covered horse” applies throughout its chapter

The term “covered horse” means any Thoroughbred horse, or any other horse made subject to this chapter by election of the applicable State racing commission or the breed governing organization for such horse under section 3054(k) 1 of this title, during the period— (A) beginning on the date of the horse’s first timed and reported workout at a racetrack that participates in covered horseraces or at a training facility; and (B) ending on the date on which the Authority receives written notice that the horse has been retired. (5) Covered horserace

“covered horserace” applies throughout its chapter

The term “covered horserace” means any horserace involving covered horses that has a substantial relation to interstate commerce, including any Thoroughbred horserace that is the subject of interstate off-track or advance deposit wagers. (6) Covered persons

“covered persons” applies throughout its chapter

The term “covered persons” means all trainers, owners, breeders, jockeys, racetracks, veterinarians, persons (legal and natural) licensed by a State racing commission and the agents, assigns, and employees of such persons and other horse support personnel who are engaged in the care, training, or racing of covered horses. (7) Equine constituencies

“equine constituencies” applies throughout its chapter

The term “equine constituencies” means, collectively, owners, breeders, trainers, racetracks, veterinarians, State racing commissions, and jockeys who are engaged in the care, training, or racing of covered horses. (8) Equine industry representative

“equine industry representative” applies throughout its chapter

The term “equine industry representative” means an organization regularly and significantly engaged in the equine industry, including organizations that represent the interests of, and whose membership consists of, owners, breeders, trainers, racetracks, veterinarians, State racing commissions, and jockeys. (9) Horseracing anti-doping and medication control program

“horseracing anti-doping and medication control program” applies throughout its chapter

The term “horseracing anti-doping and medication control program” means the anti-doping and medication program established under section 3055(a) of this title . (10) Immediate family member

“immediate family member” applies throughout its chapter

The term “immediate family member” shall include a spouse, domestic partner, mother, father, aunt, uncle, sibling, or child. (11) Interstate off-track wager

“interstate off-track wager” applies throughout its chapter

The term “interstate off-track wager” has the meaning given such term in section 3002 of this title . (12) Jockey

“jockey” applies throughout its chapter

The term “jockey” means a rider or driver of a covered horse in covered horseraces. (13) Owner

“owner” applies throughout its chapter

The term “owner” means a person who holds an ownership interest in one or more covered horses. (14) Program effective date

“program effective date” applies throughout its chapter

The term “program effective date” means July 1, 2022 . (15) Racetrack

“racetrack” applies throughout its chapter

The term “racetrack” means an organization licensed by a State racing commission to conduct covered horseraces. (16) Racetrack safety program

“racetrack safety program” applies throughout its chapter

The term “racetrack safety program” means the program established under section 3056(a) of this title . (17) Stakes race

“stakes race” applies throughout its chapter

The term “stakes race” means any race so designated by the racetrack at which such race is run, including, without limitation, the races comprising the Breeders’ Cup World Championships and the races designated as graded stakes by the American Graded Stakes Committee of the Thoroughbred Owners and Breeders Association. (18) State racing commission

“State racing commission” applies throughout its chapter

The term “State racing commission” means an entity designated by State law or regulation that has jurisdiction over the conduct of horseracing within the applicable State. (19) Trainer

“trainer” applies throughout its chapter

The term “trainer” means an individual engaged in the training of covered horses. (20) Training facility

“training facility” applies throughout its chapter

The term “training facility” means a location that is not a racetrack licensed by a State racing commission that operates primarily to house covered horses and conduct official timed workouts. (21) Veterinarian

“veterinarian” applies throughout its chapter

The term “veterinarian” means a licensed veterinarian who provides veterinary services to covered horses. (22) Workout

“workout” applies throughout its chapter

The term “workout” means a timed running of a horse over a predetermined distance not associated with a race or its first qualifying race, if such race is made subject to this chapter by election under section 3054(k) 1 of this title of the horse’s breed governing organization or the applicable State racing commission.

“demand-side management” applies throughout its chapter

The term “demand-side management” includes energy conservation, energy efficiency, and load management techniques.

“gas consumer” applies throughout its chapter

The term “gas consumer” means any person, State agency, or Federal agency, to which natural gas is sold other than for purposes of resale.;

“gas utility” applies throughout its chapter

The term “gas utility” means any person, State agency, or Federal agency, engaged in the local distribution of natural gas, and the sale of natural gas to any ultimate consumer of natural gas.;

“integrated resource planning” applies throughout its chapter

The term “integrated resource planning” means, in the case of a gas utility, planning by the use of any standard, regulation, practice, or policy to undertake a systematic comparison between demand-side management measures and the supply of gas by a gas utility to minimize life-cycle costs of adequate and reliable utility services to gas consumers. Integrated resource planning shall take into account necessary features for system operation such as diversity, reliability, dispatchability, and other factors of risk and shall treat demand and supply to gas consumers on a consistent and integrated basis.;

“nonregulated gas utility” applies throughout its chapter

The term “nonregulated gas utility” means any gas utility other than a State regulated gas utility.;

“rate” applies throughout its chapter

The term “rate” means any (A) price, rate, charge, or classification made, demanded, observed, or received with respect to sale of natural gas to a gas consumer, (B) any rule, regulation, or practice respecting any such rate, charge, or classification, and (C) any contract pertaining to the sale of natural gas to a gas consumer.;

“ratemaking authority” applies throughout its chapter

The term “ratemaking authority” means authority to fix, modify, approve, or disapprove rates. (7) The term “sale” when used with respect to natural gas, includes an exchange of natural gas.;

“State regulated gas utility” applies throughout its chapter

The term “State regulated gas utility” means any gas utility with respect to which a State regulatory authority has ratemaking authority.;

“State regulatory authority” applies throughout its chapter

The term “State regulatory authority” means any State agency which has ratemaking authority with respect to the sale of natural gas by any gas utility (other than by such State agency).;

“advertising” applies in that section

The term “advertising” means the commercial use, by a gas utility, of any media, including newspaper, printed matter, radio, and television, in order to transmit a message to a substantial number of members of the public or to such utility’s gas consumers.;

“political advertising” applies in that section

The term “political advertising” means any advertising for the purpose of influencing public opinion with respect to legislative, administrative, or electoral matters, or with respect to any controversial issue of public importance.;

“promotional advertising” applies in that section

The term “promotional advertising” means any advertising for the purpose of encouraging any person to select or use the service or additional service of a gas utility or the selection or installation of any appliance or equipment designed to use such utility’s service.

“Btu” applies throughout its chapter

The term “Btu” means British thermal unit. (31) Month

“certificated natural gas” applies throughout its chapter

The term “certificated natural gas” means natural gas transported by any interstate pipeline in a facility for which there is in effect a certificate issued under section 7(c) of the Natural Gas Act [ 15 U.S.C. 717f(c) ]. Such term does not include natural gas sold to the user by the producer and transported pursuant to a certificate which is specifically issued under section 7(c) of the Natural Gas Act for the transportation of that natural gas, for such user unless such natural gas is used for the generation of electricity. (20) Sale

“Commission” applies throughout its chapter

The term “Commission” means the Federal Energy Regulatory Commission. (25) Federal agency

“completion location” applies throughout its chapter

The term “completion location” means any subsurface location from which natural gas is being or has been produced in commercial quantities. (B) Marker well The term “completion location”, when used with reference to any marker well, means any subsurface location from which natural gas was produced from such well in commercial quantities after January 1, 1970 , and before April 20, 1977 . (8) Proration unit

“electric utility” applies throughout its chapter

The term “electric utility” means any person to the extent such person is engaged in the business of the generation of electricity and sale, directly or indirectly, of electricity to the public. (29) Mcf The term “Mcf”, when used with respect to natural gas, means 1,000 cubic feet of natural gas measured at a pressure of 14.73 pounds per square inch (absolute) and a temperature of 60 degrees Fahrenheit. (30) Btu

“existing contract” applies throughout its chapter

The term “existing contract” means any contract for the first sale of natural gas in effect on November 8, 1978 . (14) Successor to an existing contract

“Federal agency” applies throughout its chapter

The term “Federal agency” has the same meaning as given such term in section 105 of title 5 . (26) Person

“Federal antitrust laws” applies throughout its chapter

The term “Federal antitrust laws” means the Sherman Act ( 15 U.S.C. 1 et seq.), the Clayton Act ( 15 U.S.C. 12 , 13, 14–19, 20, 21, 22–27), the Federal Trade Commission Act ( 15 U.S.C. 41 et seq.), sections 73 and 74 of the Wilson Tariff Act ( 15 U.S.C. 8–9 ), and the Act of June 19, 1936 , chapter 592 ( 15 U.S.C. 13 , 13a, 13b, and 21a).

“first sale” applies throughout its chapter

The term “first sale” means any sale of any volume of natural gas— (i) to any interstate pipeline or intrastate pipeline; (ii) to any local distribution company; (iii) to any person for use by such person; (iv) which precedes any sale described in clauses (i), (ii), or (iii); and (v) which precedes or follows any sale described in clauses (i), (ii), (iii), or (iv) and is defined by the Commission as a first sale in order to prevent circumvention of any maximum lawful price established under this chapter.

“interstate pipeline” applies throughout its chapter

The term “interstate pipeline” means any person engaged in natural gas transportation subject to the jurisdiction of the Commission under the Natural Gas Act [ 15 U.S.C. 717 et seq.]. (16) Intrastate pipeline

“intrastate pipeline” applies throughout its chapter

The term “intrastate pipeline” means any person engaged in natural gas transportation (not including gathering) which is not subject to the jurisdiction of the Commission under the Natural Gas Act [ 15 U.S.C. 717 et seq.] (other than any such pipeline which is not subject to the jurisdiction of the Commission solely by reason of section 1(c) of the Natural Gas Act [ 15 U.S.C. 717(c) ]). (17) Local distribution company

“local distribution company” applies throughout its chapter

The term “local distribution company” means any person, other than any interstate pipeline or any intrastate pipeline, engaged in the transportation, or local distribution, of natural gas and the sale of natural gas for ultimate consumption. (18) Committed or dedicated to interstate commerce (A) General rule The term “committed or dedicated to interstate commerce”, when used with respect to natural gas, means— (i) natural gas which is from the Outer Continental Shelf; and (ii) natural gas which, if sold, would be required to be sold in interstate commerce (within the meaning of the Natural Gas Act [ 15 U.S.C.

“marker well” applies throughout its chapter

The term “marker well” means any well from which natural gas was produced in commercial quantities at any time after January 1, 1970 , and before April 20, 1977 . (B) New wells The term “marker well” does not include any new well under paragraph (3)(A) but includes any new well under paragraph (3)(B) if such well qualifies as a marker well under subparagraph (A) of this paragraph. (6) Reservoir

“mile” applies throughout its chapter

The term “mile” means a statute mile of 5,280 feet. (33) United States

“month” applies throughout its chapter

The term “month” means a calendar month. (32) Mile

“natural gas” applies throughout its chapter

The term “natural gas” means either natural gas unmixed, or any mixture of natural and artificial gas. (2) Well

“new contract” applies throughout its chapter

The term “new contract” means any contract, entered into on or after November 9, 1978 , for the first sale of natural gas which was not previously subject to an existing contract. (12) Rollover contract

“new well” applies throughout its chapter

The term “new well” means any well— (A) the surface drilling of which began on or after February 19, 1977 ; or (B) the depth of which was increased, by means of drilling on or after February 19, 1977 , to a completion location which is located at least 1,000 feet below the depth of the deepest completion location of such well attained before February 19, 1977 . (4) Old well

“old well” applies throughout its chapter

The term “old well” means any well other than a new well. (5) Marker well (A) General rule

“Outer Continental Shelf” applies throughout its chapter

The term “Outer Continental Shelf” has the same meaning as such term has under section 1331(a) of title 43 . (36) Prudhoe Bay Unit of Alaska

“person” applies throughout its chapter

The term “person” includes the United States, any State, and any political subdivision, agency, or instrumentality of the foregoing. (27) Affiliate The term “affiliate”, when used in relation to any person, means another person which controls, is controlled by, or is under common control with, such person. (28) Electric utility

“proration unit” applies throughout its chapter

The term “proration unit” means— (A) any portion of a reservoir, as designated by the State or Federal agency having regulatory jurisdiction with respect to production from such reservoir, which will be effectively and efficiently drained by a single well; (B) any drilling unit, production unit, or comparable arrangement, designated or recognized by the State or Federal agency having jurisdiction with respect to production from the reservoir, to describe that portion of such reservoir which will be effectively and efficiently drained by a single well; or (C) if such portion of a reservoir, unit, or comparable arrangement is not specifically provided for by State law or by any action of any …

“Prudhoe Bay Unit of Alaska” applies throughout its chapter

The term “Prudhoe Bay Unit of Alaska” means the geographic area subject to the voluntary unit agreement approved by the Commissioner of the Department of Natural Resources of the State of Alaska on June 2, 1977 , and referred to as the “affected area” in Conservation Order No. 145 of the Alaska Oil and Gas Conservation Committee, Division of Oil and Gas Conservation, Department of Natural Resources of the State of Alaska, as such order was in effect on June 1, 1977 , and determined without regard to any adjustments in the description of the affected area permitted to be made under such order. (37) Antitrust laws