r/title-49-TRANSPORTATION wiki — defined terms

“zero emission vehicle” applies in that section

the term “zero emission vehicle” means a low or no emission vehicle that produces no carbon or particulate matter. (2) General authority .— The Secretary may make grants to recipients to finance eligible projects under this subsection. (3) Grant requirements.— (A) In general .— A grant under this subsection shall be subject to— (i) with respect to eligible recipients in urbanized areas, section 5307; and (ii) with respect to eligible recipients in rural areas, section 5311. (B) Government share of costs for certain projects .— Section 5323(i) applies to eligible projects carried out under this subsection, unless the recipient requests a lower grant percentage.

“State” applies in that section

the term “State” shall mean each of the 50 States of the United States. (b) Allocation .— The Secretary shall apportion the amounts made available under section 5338(b)(2)(N) 1 in accordance with subsection (c) and subsection (d). (c) Growing State Apportionments.— (1) Apportionment among states .— The amounts apportioned under subsection (b)(1) shall provide each State with an amount equal to the total amount apportioned multiplied by a ratio equal to the population of that State forecast for the year that is 15 years after the most recent decennial census, divided by the total population of all States forecast for the year that is 15 years after the most recent decennial census.

“eligible entity” applies in that section

the term “eligible entity” means— (1) a State agency; (2) a local government agency; (3) an institution of higher education (as defined in section 102 of the Higher Education Act of 1965 ( 20 U.S.C. 1002 )), including a university transportation center established under section 5505; (4) a nonprofit organization, including a nonprofit research organization; and (5) a private sector organization working in collaboration with an entity described in any of paragraphs (1) through (4).

“one-call notification system” applies throughout its chapter

The term “one-call notification system” means a system operated by an organization that has as 1 of its purposes to receive notification from excavators of intended excavation in a specified area in order to disseminate such notification to underground facility operators that are members of the system so that such operators can locate and mark their facilities in order to prevent damage to underground facilities in the course of such excavation. (2) State one-call notification program .—

“Secretary” applies throughout its chapter

The term “Secretary” means the Secretary of Transportation.

“State” applies throughout its chapter

The term “State” means a State, the District of Columbia, and Puerto Rico. (4) Secretary .—

“State one-call notification program” applies throughout its chapter

The term “State one-call notification program” means the State statutes, regulations, orders, judicial decisions, and other elements of law and policy in effect in a State that establish the requirements for the operation of one-call notification systems in such State. (3) State .—

“Bureau” applies throughout its chapter

The term “Bureau” means the Bureau of Transportation Statistics established by section 6302(a). (2) Department .—

“Department” applies throughout its chapter

The term “Department” means the Department of Transportation. (3) Director .—

“Director” applies throughout its chapter

The term “Director” means the Director of the Bureau. (4) Library .—

“Library” applies throughout its chapter

The term “Library” means the National Transportation Library established by section 6304(a). (5) Secretary .—

“Secretary” applies throughout its chapter

The term “Secretary” means the Secretary of Transportation.

“Department” applies in that section

The term “Department” means the Department of Transportation. (2) Eligible entity .—

“eligible entity” applies in that section

The term “eligible entity” means— (A) a State or a group of States; (B) a metropolitan planning organization; (C) a unit of local government; (D) a political subdivision of a State; (E) a special purpose district or public authority with a transportation function, including a port authority; (F) a Tribal government or a consortium of Tribal governments; (G) a partnership between Amtrak and 1 or more entities described in subparagraphs (A) through (F); and (H) a group of entities described in any of subparagraphs (A) through (G). (3) Program .—

“program” applies in that section

The term “program” means the program established by subsection (b). (4) Secretary .—

“Secretary” applies in that section

The term “Secretary” means the Secretary of Transportation. (5) State .—

“State” applies in that section

The term “State” means— (A) any of the several States; (B) the District of Columbia; (C) the Commonwealth of Puerto Rico; (D) the Commonwealth of the Northern Mariana Islands; (E) the United States Virgin Islands; (F) Guam; (G) American Samoa; and (H) any other territory or possession of the United States. (b) Establishment .— There is established a program under which the Secretary shall provide to eligible entities grants, on a competitive basis pursuant to single-year or multiyear grant agreements, for projects described in subsection (d).

“area of persistent poverty” applies in that section

The term “area of persistent poverty” means— (A) any county (or equivalent jurisdiction) in which, during the 30-year period ending on the date of enactment of this chapter, 20 percent or more of the population continually lived in poverty, as measured by— (i) the 1990 decennial census; (ii) the 2000 decennial census; and (iii) the most recent annual small area income and poverty estimate of the Bureau of the Census; (B) any census tract with a poverty rate of not less than 20 percent, as measured by the 5-year data series available from the American Community Survey of the Bureau of the Census for the period of 2014 through 2018; and (C) any territory or possession of the United States.

“eligible entity” applies in that section

The term “eligible entity” means— (A) a State; (B) the District of Columbia; (C) any territory or possession of the United States; (D) a unit of local government; (E) a public agency or publicly chartered authority established by 1 or more States; (F) a special purpose district or public authority with a transportation function, including a port authority; (G) a federally recognized Indian Tribe or a consortium of such Indian Tribes; (H) a transit agency; and (I) a multi-State or multijurisdictional group of entities described in any of subparagraphs (A) through (H). (3) Eligible project .—

“eligible project” applies in that section

The term “eligible project” means— (A) a highway or bridge project eligible for assistance under title 23; (B) a public transportation project eligible for assistance under chapter 53; (C) a passenger rail or freight rail transportation project eligible for assistance under this title; (D) a port infrastructure investment, including— (i) inland port infrastructure; and (ii) a land port-of-entry; (E) the surface transportation components of an airport project eligible for assistance under part B of subtitle VII; (F) a project for investment in a surface transportation facility located on Tribal land, the title or maintenance responsibility of which is vested in the Federal Government; (G) a …

“program” applies in that section

The term “program” means the Local and Regional Project Assistance Program established under subsection (b)(1). (5) Rural area .—

“rural area” applies in that section

The term “rural area” means an area that is located outside of an urbanized area. (6) Secretary .—

“Secretary” applies in that section

The term “Secretary” means the Secretary of Transportation. (7) Urbanized area .—

“urbanized area” applies in that section

The term “urbanized area” means an area with a population of more than 200,000 residents, based on the most recent decennial census. (b) Establishment.— (1) In general .— The Secretary shall establish and carry out a program, to be known as the “Local and Regional Project Assistance Program”, to provide for capital investments in surface transportation infrastructure. (2) Goal .— The goal of the program shall be to fund eligible projects that will have a significant local or regional impact and improve transportation infrastructure.

“Director” applies in that section

The term “Director” means the Director of the United States Fish and Wildlife Service. (2) Indian tribe .—

“Indian Tribe” applies in that section

The term “Indian Tribe” has the meaning given the term in section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 5304 ). (3) Program .—

“program” applies in that section

The term “program” means the annual competitive grant program established under subsection (b). (4) Secretary .—

“Secretary” applies in that section

The term “Secretary” means the Secretary of Transportation. (5) Undersecretary .—

“Undersecretary” applies in that section

The term “Undersecretary” means the Undersecretary of Commerce for Oceans and Atmosphere. (b) Establishment .— The Secretary, in consultation with the Undersecretary, shall establish an annual competitive grant program to award grants to eligible entities for projects for the replacement, removal, and repair of culverts or weirs that— (1) would meaningfully improve or restore fish passage for anadromous fish; and (2) with respect to weirs, may include— (A) infrastructure to facilitate fish passage around or over the weir; and (B) weir improvements.

“local governmental authority” applies in that section

the term “local governmental authority”— (i) has the same meaning given that term by section 5302 of this title ; and (ii) includes a person or entity that contracts with the local governmental authority to provide transportation services; and;

“public transportation” applies in that section

the term “public transportation” means transportation services described in section 5302 of this title that are provided by rail. (2) Except as provided in paragraph (3), the Board does not have jurisdiction under this part over— (A) public transportation provided by a local government authority; or (B) a solid waste rail transfer facility as defined in section 10908 of this title , except as provided under sections 10908 and 10909 of this title.

“affiliate” applies in that section

the term “affiliate” means a person controlling, controlled by, or under common control or ownership with another person and “ownership” refers to equity holdings in a business entity of at least 5 percent; (B) the term “single-line rate” refers to a rate or allowance proposed by a single rail carrier that is applicable only over its line and for which the transportation (exclusive of terminal services by switching, drayage or other terminal carriers or agencies) can be provided by that carrier; and (C) the term “practicably participates in the movement” shall have such meaning as the Board shall by regulation prescribe.

“unreasonable discrimination” applies in that section

the term “unreasonable discrimination” has the same meaning as such term has under section 10741 of this title . (3) (A) Within 30 days after the date a proceeding is commenced under paragraph (1) of this subsection, or within such shorter time period after such date as the Board may establish, the Board shall determine whether the contract that is the subject of such proceeding is in violation of this section.

“potentially subject to abandonment” applies in that section

the term “potentially subject to abandonment” has the meaning given the term in regulations of the Board. The regulations may include standards that vary by region of the United States and by railroad or group of railroads. (2) Each rail carrier shall maintain a complete diagram of the transportation system operated, directly or indirectly, by the rail carrier. The rail carrier shall submit to the Board and publish amendments to its diagram that are necessary to maintain the accuracy of the diagram.

“avoidable cost” applies in that section

the term “avoidable cost” means all expenses that would be incurred by a rail carrier in providing transportation that would not be incurred if the railroad line over which the transportation was provided were abandoned or if the transportation were discontinued. Expenses include cash inflows foregone and cash outflows incurred by the rail carrier as a result of not abandoning or discontinuing the transportation.

“reasonable return” applies in that section

the term “reasonable return” means— (A) if a rail carrier is not in reorganization, the cost of capital to the rail carrier, as determined by the Board; and (B) if a rail carrier is in reorganization, the mean cost of capital of rail carriers not in reorganization, as determined by the Board.

“financially responsible person” applies in that section

the term “financially responsible person” means a person who— (1) is capable of paying the constitutional minimum value of the railroad line proposed to be acquired; and (2) is able to assure that adequate transportation will be provided over such line for a period of not less than 3 years. Such term includes a governmental authority but does not include a Class I or Class II rail carrier.

“commercial and retail waste” applies in that section

The term “commercial and retail waste” means material discarded by stores, offices, restaurants, warehouses, nonmanufacturing activities at industrial facilities, and other similar establishments or facilities. (B) Construction and demolition debris .—

“construction and demolition debris” applies in that section

The term “construction and demolition debris” means waste building materials, packaging, and rubble resulting from construction, remodeling, repair, and demolition operations on pavements, houses, commercial buildings, and other structures. (C) Household waste .—

“household waste” applies in that section

The term “household waste” means material discarded by residential dwellings, hotels, motels, and other similar permanent or temporary housing establishments or facilities. (D) Industrial waste .—

“industrial waste” applies in that section

The term “industrial waste” means the solid waste generated by manufacturing and industrial and research and development processes and operations, including contaminated soil, nonhazardous oil spill cleanup waste and dry nonhazardous pesticides and chemical waste, but does not include hazardous waste regulated under subtitle C of the Solid Waste Disposal Act ( 42 U.S.C. 6921 et seq.), mining or oil and gas waste. (E) Institutional waste .—

“institutional waste” applies in that section

The term “institutional waste” means material discarded by schools, nonmedical waste discarded by hospitals, material discarded by nonmanufacturing activities at prisons and government facilities, and material discarded by other similar establishments or facilities. (F) Municipal solid waste .—

“municipal solid waste” applies in that section

The term “municipal solid waste” means— (i) household waste; (ii) commercial and retail waste; and (iii) institutional waste. (G) Solid waste .— With the exception of waste generated by a rail carrier during track, track structure, or right-of-way construction, maintenance, or repair (including railroad ties and line-side poles) or waste generated as a result of a railroad accident, incident, or derailment,

“sludge” applies in that section

The term “sludge” means any solid, semi-solid or liquid waste generated from a municipal, commercial, or industrial wastewater treatment plant, water supply treatment plant, or air pollution control facility exclusive of the treated effluent from a wastewater treatment plant. (2) Exceptions .— Notwithstanding paragraph (1), the terms “household waste”, “commercial and retail waste”, and “institutional waste” do not include— (A) yard waste and refuse-derived fuel; (B) used oil; (C) wood pallets; (D) clean wood; (E) medical or infectious waste; or (F) motor vehicles (including motor vehicle parts or vehicle fluff).

“solid waste” applies in that section

the term “solid waste” means— (i) construction and demolition debris; (ii) municipal solid waste; (iii) household waste; (iv) commercial and retail waste; (v) institutional waste; (vi) sludge; (vii) industrial waste; and (viii) other solid waste, as determined appropriate by the Board. (H) Solid waste rail transfer facility .—

“solid waste rail transfer facility” applies in that section

The term “solid waste rail transfer facility”— (i) means the portion of a facility owned or operated by or on behalf of a rail carrier (as defined in section 10102 of this title ) where solid waste, as a commodity to be transported for a charge, is collected, stored, separated, processed, treated, managed, disposed of, or transferred, when the activity takes place outside of original shipping containers; but (ii) does not include— (I) the portion of a facility to the extent that activities taking place at such portion are comprised solely of the railroad transportation of solid waste after the solid waste is loaded for shipment on or in a rail car, including railroad transportation for the …

“commuter rail passenger transportation” applies in that section

the term “commuter rail passenger transportation” has the meaning given that term in section 24102(4). 1

“association” applies throughout its subchapter

the term “association” means an organization maintained by or in the interest of a group of rail carriers providing transportation or service subject to the jurisdiction of the Board under this part that performs a service, or engages in activities, related to transportation under this part.

“lessor” applies throughout its subchapter

the terms “rail carrier” and “lessor” include a receiver or trustee of a rail carrier and lessor, respectively;

“rail carrier” applies throughout its subchapter

the terms “rail carrier” and “lessor” include a receiver or trustee of a rail carrier and lessor, respectively;

“assessment” applies in that section

the term “assessment” means valuation for a property tax levied by a taxing district;

“assessment jurisdiction” applies in that section

the term “assessment jurisdiction” means a geographical area in a State used in determining the assessed value of property for ad valorem taxation;

“commercial and industrial property” applies in that section

the term “commercial and industrial property” means property, other than transportation property and land used primarily for agricultural purposes or timber growing, devoted to a commercial or industrial use and subject to a property tax levy.

“rail transportation property” applies in that section

the term “rail transportation property” means property, as defined by the Board, owned or used by a rail carrier providing transportation subject to the jurisdiction of the Board under this part; and;

“Board” applies throughout its part

The term “Board” means the Surface Transportation Board. (2) Broker .—

“broker” applies throughout its part

The term “broker” means a person, other than a motor carrier or an employee or agent of a motor carrier, that as a principal or agent sells, offers for sale, negotiates for, or holds itself out by solicitation, advertisement, or otherwise as selling, providing, or arranging for, transportation by motor carrier for compensation. (3) Carrier .—

“carrier” applies throughout its part

The term “carrier” means a motor carrier, a water carrier, and a freight forwarder. (4) Contract carriage .—

“contract carriage” applies throughout its part

The term “contract carriage” means— (A) for transportation provided before January 1, 1996 , service provided pursuant to a permit issued under section 10923, as in effect on December 31, 1995 ; and (B) for transportation provided after December 31, 1995 , service provided under an agreement entered into under section 14101(b). (5) Control .— The term “control”, when referring to a relationship between persons, includes actual control, legal control, and the power to exercise control, through or by— (A) common directors, officers, stockholders, a voting trust, or a holding or investment company, or (B) any other means. (6) Foreign motor carrier .—

“foreign motor carrier” applies throughout its part

The term “foreign motor carrier” means a person (including a motor carrier of property but excluding a motor private carrier)— (A) (i) that is domiciled in a contiguous foreign country; or (ii) that is owned or controlled by persons of a contiguous foreign country; and (B) in the case of a person that is not a motor carrier of property, that provides interstate transportation of property by motor vehicle under an agreement or contract entered into with a motor carrier of property (other than a motor private carrier or a motor carrier of property described in subparagraph (A)). (7) Foreign motor private carrier .—

“foreign motor private carrier” applies throughout its part

The term “foreign motor private carrier” means a person (including a motor private carrier but excluding a motor carrier of property)— (A) (i) that is domiciled in a contiguous foreign country; or (ii) that is owned or controlled by persons of a contiguous foreign country; and (B) in the case of a person that is not a motor private carrier, that provides interstate transportation of property by motor vehicle under an agreement or contract entered into with a person (other than a motor carrier of property or a motor private carrier described in subparagraph (A)). (8) Freight forwarder .—

“freight forwarder” applies throughout its part

The term “freight forwarder” means a person holding itself out to the general public (other than as a pipeline, rail, motor, or water carrier) to provide transportation of property for compensation and in the ordinary course of its business— (A) assembles and consolidates, or provides for assembling and consolidating, shipments and performs or provides for break-bulk and distribution operations of the shipments; (B) assumes responsibility for the transportation from the place of receipt to the place of destination; and (C) uses for any part of the transportation a carrier subject to jurisdiction under this subtitle.

“highway” applies throughout its part

The term “highway” means a road, highway, street, and way in a State. (10) Household goods .— The term “household goods”, as used in connection with transportation, means personal effects and property used or to be used in a dwelling, when a part of the equipment or supply of such dwelling, and similar property if the transportation of such effects or property is— (A) arranged and paid for by the householder, except such term does not include property moving from a factory or store, other than property that the householder has purchased with the intent to use in his or her dwelling and is transported at the request of, and the transportation charges are paid to the carrier by, the …

“household goods freight forwarder” applies throughout its part

The term “household goods freight forwarder” means a freight forwarder of one or more of the following items: household goods, unaccompanied baggage, or used automobiles. (12) Household goods motor carrier.— (A) In general .—

“household goods motor carrier” applies throughout its part

The term “household goods motor carrier” means a motor carrier that, in the ordinary course of its business of providing transportation of household goods, offers some or all of the following additional services: (i) Binding and nonbinding estimates. (ii) Inventorying. (iii) Protective packing and unpacking of individual items at personal residences. (iv) Loading and unloading at personal residences.

“individual shipper” applies throughout its part

The term “individual shipper” means any person who— (A) is the shipper, consignor, or consignee of a household goods shipment; (B) is identified as the shipper, consignor, or consignee on the face of the bill of lading; (C) owns the goods being transported; and (D) pays his or her own tariff transportation charges. (14) Motor carrier .—

“motor carrier” applies throughout its part

The term “motor carrier” means a person providing motor vehicle transportation for compensation. (15) Motor private carrier .—

“motor private carrier” applies throughout its part

The term “motor private carrier” means a person, other than a motor carrier, transporting property by motor vehicle when— (A) the transportation is as provided in section 13501 of this title ; (B) the person is the owner, lessee, or bailee of the property being transported; and (C) the property is being transported for sale, lease, rent, or bailment or to further a commercial enterprise. (16) Motor vehicle .—

“motor vehicle” applies throughout its part

The term “motor vehicle” means a vehicle, machine, tractor, trailer, or semitrailer propelled or drawn by mechanical power and used on a highway in transportation, or a combination determined by the Secretary, but does not include a vehicle, locomotive, or car operated only on a rail, or a trolley bus operated by electric power from a fixed overhead wire, and providing local passenger transportation similar to street-railway service. (17) Noncontiguous domestic trade .—

“noncontiguous domestic trade” applies throughout its part

The term “noncontiguous domestic trade” means transportation subject to jurisdiction under chapter 135 involving traffic originating in or destined to Alaska, Hawaii, or a territory or possession of the United States. (18) Person .— The term “person”, in addition to its meaning under section 1 of title 1 , includes a trustee, receiver, assignee, or personal representative of a person. (19) Pre-arranged ground transportation service .—

“over-the-road bus” applies throughout its part

The term “over-the-road bus” means a bus characterized by an elevated passenger deck located over a baggage compartment.

“pre-arranged ground transportation service” applies throughout its part

The term “pre-arranged ground transportation service” means transportation for a passenger (or a group of passengers) that is arranged in advance (or is operated on a regular route or between specified points) and is provided in a motor vehicle with a seating capacity not exceeding 15 passengers (including the driver). (20) Secretary .—

“Secretary” applies throughout its part

The term “Secretary” means the Secretary of Transportation. (21) State .—

“State” applies throughout its part

The term “State” means the 50 States of the United States and the District of Columbia. (22) Taxicab service .—

“taxicab service” applies throughout its part

The term “taxicab service” means passenger transportation in a motor vehicle having a capacity of not more than 8 passengers (including the driver), not operated on a regular route or between specified places, and that— (A) is licensed as a taxicab by a State or a local jurisdiction; or (B) is offered by a person that— (i) provides local transportation for a fare determined (except with respect to transportation to or from airports) primarily on the basis of the distance traveled; and (ii) does not primarily provide transportation to or from airports. (23) Transportation .—

“transportation” applies throughout its part

The term “transportation” includes— (A) a motor vehicle, vessel, warehouse, wharf, pier, dock, yard, property, facility, instrumentality, or equipment of any kind related to the movement of passengers or property, or both, regardless of ownership or an agreement concerning use; and (B) services related to that movement, including arranging for, receipt, delivery, elevation, transfer in transit, refrigeration, icing, ventilation, storage, handling, packing, unpacking, and interchange of passengers and property. (24) United states .—

“United States” applies throughout its part

The term “United States” means the States of the United States and the District of Columbia. (25) Vessel .—

“vessel” applies throughout its part

The term “vessel” means a watercraft or other artificial contrivance that is used, is capable of being used, or is intended to be used, as a means of transportation by water. (26) Water carrier .—

“water carrier” applies throughout its part

The term “water carrier” means a person providing water transportation for compensation. (27) Over-the-road bus .—

“single line rate” applies in that section

the term “single line rate” means a rate, charge, or allowance proposed by a single motor carrier that is applicable only over its line and for which the transportation can be provided by that carrier.

“recyclable materials” applies in that section

the term “recyclable materials” means waste products for recycling or reuse in the furtherance of recognized pollution control programs.

“negotiated rate” applies in that section

the term “negotiated rate” means a rate, charge, classification, or rule agreed upon by a motor carrier or freight forwarder and a shipper through negotiations pursuant to which no tariff was lawfully and timely filed and for which there is written evidence of such agreement. (g) Applicability to Pending Cases .— This section shall apply to all cases and proceedings pending on January 1, 1996 .

“motor carrier” applies in that section

the term “motor carrier” includes foreign motor private carriers. (h) Update of Registration.— (1) In general .— The Secretary shall require a registrant to update its registration under this section not later than 30 days after a change in the registrant’s address, other contact information, officers, process agent, or other essential information, as determined by the Secretary.

“motor common carrier” applies in that section

the terms “motor common carrier” and “motor contract carrier” have the meaning such terms had under section 10102 as such section was in effect on December 31, 1995 . (3) Termination .— This subsection shall cease to be in effect on the transition termination date.

“motor contract carrier” applies in that section

the terms “motor common carrier” and “motor contract carrier” have the meaning such terms had under section 10102 as such section was in effect on December 31, 1995 . (3) Termination .— This subsection shall cease to be in effect on the transition termination date.

“private recipient of government assistance” applies in that section

The term “private recipient of government assistance” means any person (other than a person described in subparagraph (A)) who before, on, or after January 1, 1996 , received governmental financial assistance in the form of a subsidy for the purchase, lease, or operation of any bus.

“public recipient of governmental assistance” applies in that section

The term “public recipient of governmental assistance” means— (i) any State, (ii) any municipality or other political subdivision of a State, (iii) any public agency or instrumentality of one or more States and municipalities and political subdivisions of a State, (iv) any Indian tribe, and (v) any corporation, board, or other person owned or controlled by any entity described in clause (i), (ii), (iii), or (iv), which before, on, or after January 1, 1996 , received governmental assistance for the purchase or operation of any bus. (B) Private recipient of government assistance .—

“transition termination date” applies in that section

the term “transition termination date” means the first day of January occurring more than 12 months after the date of enactment of the Unified Carrier Registration Act of 2005. (g) Motor Carrier Defined .— In this section and sections 13905 and 13906,

“household goods” applies in that section

The term “household goods” has the meaning such term had under section 10102(11) of this title , as in effect on December 31, 1995 . (2) Transportation .—

“transportation” applies in that section

The term “transportation” means transportation that would be subject to the jurisdiction of the Interstate Commerce Commission under subchapter II of chapter 105 of this title, as in effect on December 31, 1995 , if such subchapter were still in effect.

“association” applies throughout its subchapter

The term “association” means an organization maintained by or in the interest of a group of carriers or brokers providing transportation or service subject to jurisdiction under chapter 135 that performs a service, or engages in activities, related to transportation under this part.

“broker” applies throughout its subchapter

The terms “carrier” and “broker” include a receiver or trustee of a carrier and broker, respectively. (2) Association .—

“carrier” applies throughout its subchapter

The terms “carrier” and “broker” include a receiver or trustee of a carrier and broker, respectively. (2) Association .—

“lien creditor” applies in that section

The term “lien creditor” means a creditor having a lien on a motor vehicle and includes an assignee for benefit of creditors from the date of assignment, a trustee in a case under title 11 from the date of filing of the petition in that case, and a receiver in equity from the date of appointment of the receiver. (3) Security interest .—

“motor vehicle” applies in that section

The term “motor vehicle” means a truck of rated capacity (gross vehicle weight) of at least 10,000 pounds, a highway tractor of rated capacity (gross combination weight) of at least 10,000 pounds, a property-carrying trailer or semitrailer with at least one load-carrying axle of at least 10,000 pounds, or a motor bus with a seating capacity of at least 10 individuals. (2) Lien creditor .—

“security interest” applies in that section

The term “security interest” means an interest (including an interest established by a conditional sales contract, mortgage, equipment trust, or other lien or title retention contract, or lease) in a motor vehicle when the interest secures payment or performance of an obligation.

“household goods” applies in that section

The term “household goods” has the meaning such term had under section 10102(11) of this title , as in effect on December 31, 1995 . (2) Transportation .—

“transportation” applies in that section

The term “transportation” means transportation that would be subject to the jurisdiction of the Interstate Commerce Commission under subchapter II of chapter 105 of this title, as in effect on December 31, 1995 , if such subchapter were still in effect.

“assessment” applies in that section

The term “assessment” means valuation for a property tax levied by a taxing district. (2) Assessment jurisdiction .—

“assessment jurisdiction” applies in that section

The term “assessment jurisdiction” means a geographical area in a State used in determining the assessed value of property for ad valorem taxation. (3) Motor carrier transportation property .—

“commercial and industrial property” applies in that section

The term “commercial and industrial property” means property, other than transportation property and land used primarily for agricultural purposes or timber growing, devoted to a commercial or industrial use, and subject to a property tax levy.

“motor carrier transportation property” applies in that section

The term “motor carrier transportation property” means property, as defined by the Secretary, owned or used by a motor carrier providing transportation in interstate commerce whether or not such transportation is subject to jurisdiction under subchapter I of chapter 135. (4) Commercial and industrial property .—

“employee” applies in that section

the term “employee” has the meaning given such term in section 31132. (b) Special Rules.— (1) Calculation of earnings .— In this subsection, an employee is deemed to have earned more than 50 percent of pay in a State or subdivision of that State in which the time worked by the employee in the State or subdivision is more than 50 percent of the total time worked by the employee while employed during the calendar year.

“base-State” applies in that section

the term “base-State” means, with respect to a unified carrier registration agreement, a State— (i) that is in compliance with the requirements of subsection (e); and (ii) in which the motor carrier, motor private carrier, broker, freight forwarder, or leasing company to which the agreement applies maintains its principal place of business.

“commercial motor vehicle” applies in that section

the term “commercial motor vehicle”— (i) for calendar years 2008 and 2009, has the meaning given the term in section 31101; and (ii) for years beginning after December 31, 2009 , means a self-propelled vehicle described in section 31101.

“intrastate fee” applies in that section

The term “intrastate fee” means any fee, tax, or other type of assessment, including per vehicle fees and gross receipts taxes, imposed on a motor carrier or motor private carrier for the renewal of the intrastate authority or insurance filings of such carrier with a State. (4) Leasing company .—

“leasing company” applies in that section

The term “leasing company” means a lessor that is engaged in the business of leasing or renting for compensation motor vehicles without drivers to a motor carrier, motor private carrier, or freight forwarder. (5) Motor carrier.— (A) This section .— In this section: (i) In general .—

“motor carrier” applies in that section

The term “motor carrier” includes all carriers that are otherwise exempt from this part— (I) under subchapter I of chapter 135; or (II) through exemption actions by the former Interstate Commerce Commission under this title. (ii) Exclusions .— In this section, the term “motor carrier” does not include— (I) any carrier subject to section 13504; or (II) any other carrier that the board of directors of the unified carrier registration plan determines to be appropriate pursuant to subsection (d)(4)(C). (B) Section 14506 .— In section 14506,

“participating State” applies in that section

The term “participating State” means a State that has complied with the requirements of subsection (e). (7) SSRS.—

“SSRS” applies in that section

The term “SSRS” means the single state registration system in effect on the date of enactment of this section. (8) Unified carrier registration agreement .—

“UCR agreement” applies in that section

The terms “unified carrier registration agreement” and “UCR agreement” mean the interstate agreement developed under the unified carrier registration plan governing the collection and distribution of registration and financial responsibility information provided and fees paid by motor carriers, motor private carriers, brokers, freight forwarders, and leasing companies pursuant to this section. (9) Unified carrier registration plan .—

“UCR plan” applies in that section

The terms “unified carrier registration plan” and “UCR plan” mean the organization of State, Federal, and industry representatives responsible for developing, implementing, and administering the unified carrier registration agreement. (10) Vehicle registration .—

“unified carrier registration agreement” applies in that section

The terms “unified carrier registration agreement” and “UCR agreement” mean the interstate agreement developed under the unified carrier registration plan governing the collection and distribution of registration and financial responsibility information provided and fees paid by motor carriers, motor private carriers, brokers, freight forwarders, and leasing companies pursuant to this section. (9) Unified carrier registration plan .—

“unified carrier registration plan” applies in that section

The terms “unified carrier registration plan” and “UCR plan” mean the organization of State, Federal, and industry representatives responsible for developing, implementing, and administering the unified carrier registration agreement. (10) Vehicle registration .—

“vehicle registration” applies in that section

The term “vehicle registration” means the registration of any commercial motor vehicle under the International Registration Plan (as defined in section 31701) or any other registration law or regulation of a jurisdiction. (b) Applicability of Provisions to Freight Forwarders .— A freight forwarder that operates commercial motor vehicles and is not required to register as a carrier pursuant to section 13903(b) 1 shall be subject to the provisions of this section as if the freight forwarder is a motor carrier.

“State authority” applies in that section

the term “State authority” means an agency of a State that has authority under the laws of the State to regulate the intrastate movement of household goods.

“failed to give up possession of household goods” applies in that section

the term “failed to give up possession of household goods” means the knowing and willful failure, in violation of a contract, to deliver to, or unload at, the destination of a shipment of household goods that is subject to jurisdiction under subchapter I or III of chapter 135 of this title, for which charges have been estimated by the motor carrier providing transportation of such goods, and for which the shipper has tendered a payment described in clause (i), (ii), or (iii) of section 13707(b)(3)(A).

“Board” applies throughout its part

The term “Board” means the Surface Transportation Board. (2) Pipeline carrier .—

“pipeline carrier” applies throughout its part

The term “pipeline carrier” means a person providing pipeline transportation for compensation. (3) Rate .—

“rate” applies throughout its part

The term “rate” means a rate or charge for transportation. (4) State .—

“State” applies throughout its part

The term “State” means a State of the United States and the District of Columbia. (5) Transportation .—

“transportation” applies throughout its part

The term “transportation” includes— (A) property, facilities, instrumentalities, or equipment of any kind related to the movement of property, regardless of ownership or an agreement concerning use; and (B) services related to that movement, including receipt, delivery, transfer in transit, storage, handling, and interchange of property. (6) United states .—

“United States” applies throughout its part

The term “United States” means the States of the United States and the District of Columbia.

“association” applies throughout its subchapter

The term “association” means an organization maintained by or in the interest of a group of pipeline carriers that performs a service, or engages in activities, related to transportation under this part.

“carrier” applies throughout its subchapter

The terms “carrier” and “lessor” include a receiver or trustee of a pipeline carrier and lessor, respectively. (2) Lessor .—

“lessor” applies throughout its subchapter

The terms “carrier” and “lessor” include a receiver or trustee of a pipeline carrier and lessor, respectively. (2) Lessor .—

“safety” applies in that section

the term “safety” includes security; and;

“Secretary concerned” applies in that section

the term “Secretary concerned” means— (A) the Secretary of Transportation, with respect to railroad safety matters concerning such Secretary under laws administered by that Secretary; and (B) the Secretary of Homeland Security, with respect to railroad safety matters concerning such Secretary under laws administered by that Secretary.

“discipline” applies in that section

the term “discipline” means to bring charges against a person in a disciplinary proceeding, suspend, terminate, place on probation, or make note of reprimand on an employee’s record. (d) Enforcement Action.— (1) In general .— An employee who alleges discharge, discipline, or other discrimination in violation of subsection (a), (b), or (c) of this section, may seek relief in accordance with the provisions of this section, with any petition or other request for relief under this section to be initiated by filing a complaint with the Secretary of Labor.

“highway-rail grade crossing” applies in that section

the term “highway-rail grade crossing” includes any street or highway crossing over a line of railroad at grade; (2) the term “locomotive horn” refers to a train-borne audible warning device meeting standards specified by the Secretary of Transportation; and (3) the term “supplementary safety measure” refers to a safety system or procedure, provided by the appropriate traffic control authority or law enforcement authority responsible for safety at the highway-rail grade crossing, that is determined by the Secretary to be an effective substitute for the locomotive horn in the prevention of highway-rail casualties.

“equivalent or greater level of safety” applies in that section

The term “equivalent or greater level of safety” means the compliance of a railroad carrier with— (A) appropriate operating rules in place immediately prior to the use or implementation of such carrier’s positive train control system, except that such rules may be changed by such carrier to improve safe operations; and (B) all applicable safety regulations, except as specified in subsection (j). (2) Hardware .—

“hardware” applies in that section

The term “hardware” means a locomotive apparatus, a wayside interface unit (including any associated legacy signal system replacements), switch position monitors needed for a positive train control system, physical back office system equipment, a base station radio, a wayside radio, a locomotive radio, or a communication tower or pole. (3) Interoperability .—

“interoperability” applies in that section

The term “interoperability” means the ability to control locomotives of the host railroad and tenant railroad to communicate with and respond to the positive train control system, including uninterrupted movements over property boundaries. (4) Main line .—

“main line” applies in that section

The term “main line” means a segment or route of railroad tracks over which 5,000,000 or more gross tons of railroad traffic is transported annually, except that— (A) the Secretary may, through regulations under subsection (g), designate additional tracks as main line as appropriate for this section; and (B) for intercity rail passenger transportation or commuter rail passenger transportation routes or segments over which limited or no freight railroad operations occur, the Secretary shall define the term “main line” by regulation. (5) Positive train control system .—

“positive train control system” applies in that section

The term “positive train control system” means a system designed to prevent train-to-train collisions, over-speed derailments, incursions into established work zone limits, and the movement of a train through a switch left in the wrong position.

“crossing” applies in that section

The term “crossing” means a location within a State, other than a location where one or more railroad tracks cross one or more railroad tracks either at grade or grade-separated, where— (A) a public highway, road, or street, or a private roadway, including associated sidewalks and pathways, crosses one or more railroad tracks either at grade or grade-separated; or (B) a pathway explicitly authorized by a public authority or a railroad carrier that is dedicated for the use of nonvehicular traffic, including pedestrians, bicyclists, and others, that is not associated with a public highway, road, or street, or a private roadway, crosses one or more railroad tracks either at grade or …

“State” applies in that section

The term “State” means a State of the United States, the District of Columbia, or the Commonwealth of Puerto Rico.

“dark territory” applies in that section

the term “dark territory” means any territory in a railroad system that does not have a signal or train control system installed or operational.

“highway-rail grade crossing” applies in that section

The term “highway-rail grade crossing” means a location within a State, other than a location at which 1 or more railroad tracks cross 1 or more railroad tracks at grade, at which— (A) a public highway, road, or street, or a private roadway, including associated sidewalks and pathways, crosses 1 or more railroad tracks, either at grade or grade-separated; or (B) a pathway explicitly authorized by a public authority or a railroad carrier that— (i) is dedicated for the use of nonvehicular traffic, including pedestrians, bicyclists, and others; (ii) is not associated with a public highway, road, or street, or a private roadway; and (iii) crosses 1 or more railroad tracks, either at grade or …

“State” applies in that section

The term “State” means a State of the United States or the District of Columbia.

“component” applies in that section

The term “component” means a part or subassembly of a railroad freight car. (2) Control .—

“control” applies in that section

The term “control” means the power, whether direct or indirect and whether or not exercised, through the ownership of a majority or a dominant minority of the total outstanding voting interest in an entity, representation on the board of directors of an entity, proxy voting on the board of directors of an entity, a special share in the entity, a contractual arrangement with the entity, a formal or informal arrangement to act in concert with an entity, or any other means, to determine, direct, make decisions, or cause decisions to be made for the entity. (3) Cost of sensitive technology .—

“cost of sensitive technology” applies in that section

The term “cost of sensitive technology” means the aggregate cost of the sensitive technology located on a railroad freight car. (4) Country of concern .—

“country of concern” applies in that section

The term “country of concern” means a country that— (A) is identified by the Department of Commerce as a nonmarket economy country (as defined in section 771(18) of the Tariff Act of 1930 ( 19 U.S.C. 1677(18) )) as of the date of enactment of the Passenger Rail Expansion and Rail Safety Act of 2021; (B) was identified by the United States Trade Representative in the most recent report required by section 182 of the Trade Act of 1974 ( 19 U.S.C. 2242 ) as a foreign country included on the priority watch list (as defined in subsection (g)(3) of such section); and (C) is subject to monitoring by the Trade Representative under section 306 of the Trade Act of 1974 ( 19 U.S.C. 2416 ).

“net cost” applies in that section

The term “net cost” has the meaning given such term in chapter 4 of the USMCA or any subsequent free trade agreement between the United States, Mexico, and Canada. (6) Qualified facility .—

“qualified facility” applies in that section

The term “qualified facility” means a facility that is not owned or under the control of a state-owned enterprise. (7) Qualified manufacturer .—

“qualified manufacturer” applies in that section

The term “qualified manufacturer” means a railroad freight car manufacturer that is not owned or under the control of a state-owned enterprise. (8) Railroad freight car .—

“railroad freight car” applies in that section

The term “railroad freight car” means a car designed to carry freight or railroad personnel by rail, including— (A) a box car; (B) a refrigerator car; (C) a ventilator car; (D) an intermodal well car; (E) a gondola car; (F) a hopper car; (G) an auto rack car; (H) a flat car; (I) a special car; (J) a caboose car; (K) a tank car; and (L) a yard car. (9) Sensitive technology .—

“sensitive technology” applies in that section

The term “sensitive technology” means any device embedded with electronics, software, sensors, or other connectivity, that enables the device to connect to, collect data from, or exchange data with another device, including— (A) onboard telematics; (B) remote monitoring software; (C) firmware; (D) analytics; (E) global positioning system satellite and cellular location tracking systems; (F) event status sensors; (G) predictive component condition and performance monitoring sensors; and (H) similar sensitive technologies embedded into freight railcar components and sub-assemblies. (10) State-owned enterprise .—

“state-owned enterprise” applies in that section

The term “state-owned enterprise” means— (A) an entity that is owned by, or under the control of, a national, provincial, or local government of a country of concern, or an agency of such government; or (B) an individual acting under the direction or influence of a government or agency described in subparagraph (A). (11) Substantially transformed .—

“substantially transformed” applies in that section

The term “substantially transformed” means a component of a railroad freight car that undergoes an applicable change in tariff classification as a result of the manufacturing process, as described in chapter 4 and related annexes of the USMCA or any subsequent free trade agreement between the United States, Mexico, and Canada. (12) USMCA .—