r/title-49-TRANSPORTATION wiki — defined terms
The statute’s own glossary: every term Title 49 defines, in section order.
“USMCA” applies in that section
The term “USMCA” has the meaning given the term in section 3 of the United States-Mexico-Canada Agreement Implementation Act ( 19 U.S.C. 4502 ). (b) Requirements for Railroad Freight Cars.— (1) Limitation on railroad freight cars .— A railroad freight car wholly manufactured on or after the date that is 1 year after the date of issuance of the regulations required under subsection (c)(1) may only operate on the United States general railroad system of transportation if— (A) the railroad freight car is manufactured, assembled, and substantially transformed, as applicable, by a qualified manufacturer in a qualified facility; (B) none of the sensitive technology located on the railroad freight …
“commuter rail passenger transportation” applies in that section
The terms “commuter rail passenger transportation” and “intercity rail passenger transportation” have the meaning given those terms in section 24102 of this title . (C) 1
“intercity rail passenger transportation” applies in that section
The terms “commuter rail passenger transportation” and “intercity rail passenger transportation” have the meaning given those terms in section 24102 of this title . (C) 1
“new section 21103” applies in that section
The term “new section 21103” means section 21103 of this chapter as amended by the Rail Safety Improvement Act of 2008.;
“old section 21103” applies in that section
The term “old section 21103” means section 21103 of this chapter as it was in effect on the day before the enactment of that Act.
“directly affected covered service employees” applies in that section
the term “directly affected covered service employees” means covered service employees to whose hours of service the terms of the waiver petitioned for specifically apply.
“duty call” applies in that section
the term “duty call” means a telephone call that a railroad places to an employee to notify the employee of his or her assigned shift time.
“cost” applies throughout its chapter
The term “cost” means the estimated long-term cost to the Government of a direct loan or loan guarantee or modification thereof, calculated on a net present value basis, excluding administrative costs and any incidental effects on governmental receipts or outlays. (B) The cost of a direct loan shall be the net present value, at the time when the direct loan is disbursed, of the following estimated cash flows: (i) Loan disbursements. (ii) Repayments of principal. (iii) Payments of interest and other payments by or to the Government over the life of the loan after adjusting for estimated defaults, prepayments, fees, penalties, and other recoveries.
“current” applies throughout its chapter
The term “current” has the same meaning as in section 250(c)(9) of the Balanced Budget and Emergency Deficit Control Act of 1985. (3) Direct loan .—
“direct loan” applies throughout its chapter
The term “direct loan” means a disbursement of funds by the Government to a non-Federal borrower under a contract that requires the repayment of such funds. The term includes the purchase of, or participation in, a loan made by another lender and financing arrangements that defer payment for more than 90 days, including the sale of a Government asset on credit terms. The term does not include the acquisition of a federally guaranteed loan in satisfaction of default claims. (4) Direct loan obligation .—
“direct loan obligation” applies throughout its chapter
The term “direct loan obligation” means a binding agreement by the Secretary to make a direct loan when specified conditions are fulfilled by the borrower. (5) Intermodal .—
“intermodal” applies throughout its chapter
The term “intermodal” means of or relating to the connection between rail service and other modes of transportation, including all parts of facilities at which such connection is made. (6) Investment-grade rating .—
“investment-grade rating” applies throughout its chapter
The term “investment-grade rating” means a rating of BBB minus, Baa 3, bbb minus, BBB(low), or higher assigned by a rating agency. (7) Loan guarantee .—
“loan guarantee” applies throughout its chapter
The term “loan guarantee” means any guarantee, insurance, or other pledge with respect to the payment of all or a part of the principal or interest on any debt obligation of a non-Federal borrower to a non-Federal lender, but does not include the insurance of deposits, shares, or other withdrawable accounts in financial institutions. (8) Loan guarantee commitment .—
“loan guarantee commitment” applies throughout its chapter
The term “loan guarantee commitment” means a binding agreement by the Secretary to make a loan guarantee when specified conditions are fulfilled by the borrower, the lender, or any other party to the guarantee agreement. (9) Master credit agreement .—
“master credit agreement” applies throughout its chapter
The term “master credit agreement” means an agreement to make 1 or more direct loans or loan guarantees at future dates for a program of related projects on terms acceptable to the Secretary. (10) Modification .—
“modification” applies throughout its chapter
The term “modification” means any Government action that alters the estimated cost of an outstanding direct loan (or direct loan obligation) or an outstanding loan guarantee (or loan guarantee commitment) from the current estimate of cash flows. This includes the sale of loan assets, with or without recourse, and the purchase of guaranteed loans. This also includes any action resulting from new legislation, or from the exercise of administrative discretion under existing law, that directly or indirectly alters the estimated cost of outstanding direct loans (or direct loan obligations) or loan guarantees (or loan guarantee commitments) such as a change in collection procedures.
“project obligation” applies throughout its chapter
The term “project obligation” means a note, bond, debenture, or other debt obligation issued by a borrower in connection with the financing of a project, other than a direct loan or loan guarantee under this chapter. (12) Railroad .—
“railroad” applies throughout its chapter
The term “railroad” includes— (A) any railroad or railroad carrier (as such terms are defined in section 20102); and (B) any rail carrier (as defined in section 24102). (13) Rating agency .—
“rating agency” applies throughout its chapter
The term “rating agency” means a credit rating agency registered with the Securities and Exchange Commission as a nationally recognized statistical rating organization (as defined in section 3(a) of the Securities Exchange Act of 1934 ( 15 U.S.C. 78c(a) )). (14) Secretary .—
“Secretary” applies throughout its chapter
The term “Secretary” means the Secretary of Transportation. (15) Substantial completion .—
“substantial completion” applies throughout its chapter
The term “substantial completion” means— (A) the opening of a project to passenger or freight traffic; or (B) a comparable event, as determined by the Secretary and specified in the terms of the direct loan or loan guarantee provided by the Secretary.
“private benefit” applies in that section
The term “private benefit”— (i) means a benefit accrued to a person or private entity, other than Amtrak, that directly improves the economic and competitive condition of that person or entity through improved assets, cost reductions, service improvements, or any other means as defined by the Secretary; and (ii) shall be determined on a project-by-project basis, based upon an agreement between the parties. (B) Consultation .— The Secretary may seek the advice of the States and rail carriers in further defining this term. (2) Public benefit.— (A) In general .—
“public benefit” applies in that section
The term “public benefit”— (i) means a benefit accrued to the public, including Amtrak, in the form of enhanced mobility of people or goods, environmental protection or enhancement, congestion mitigation, enhanced trade and economic development, improved air quality or land use, more efficient energy use, enhanced public safety or security, reduction of public expenditures due to improved transportation efficiency or infrastructure preservation, and any other positive community effects as defined by the Secretary; and (ii) shall be determined on a project-by-project basis, based upon an agreement between the parties.
“State” applies in that section
The term “State” means any of the 50 States and the District of Columbia. (4) State rail transportation authority .—
“State rail transportation authority” applies in that section
The term “State rail transportation authority” means the State agency or official responsible under the direction of the Governor of the State or a State law for preparation, maintenance, coordination, and administration of the State rail plan.
“applicant” applies throughout its chapter
The term “applicant” means a State (including the District of Columbia), a group of States, an Interstate Compact, or a public agency established by one or more States and having responsibility for providing intercity passenger rail service. (2) Capital project .—
“capital project” applies throughout its chapter
The term “capital project” means a project or program in a State rail plan developed under chapter 227 of this title for— (A) acquiring, constructing, improving, or inspecting equipment, track and track structures, or a facility for use in or for the primary benefit of intercity passenger rail service, expenses incidental to the acquisition or construction (including designing, engineering, location surveying, mapping, environmental studies, and acquiring rights-of-way), payments for the capital portions of rail trackage rights agreements, highway-rail grade crossing improvements related to intercity passenger rail service, mitigating environmental impacts, communication and signalization …
“intercity passenger rail service” applies throughout its chapter
The term “intercity passenger rail service” means intercity rail passenger transportation, as defined in section 24102 of this title .
“appropriate portion” applies in that section
the term “appropriate portion” means a share, for each State subject to paragraph (1), not less than the share of the total railroad route miles in such State of the total railroad route miles in the United States, excluding from all totals the route miles exclusively used for tourist, scenic, and excursion railroad operations.
“rural area” applies in that section
the term “rural area” means any area not in an urbanized area, as defined by the Bureau of the Census. (h) Federal Share of Total Project Costs.— (1) Total project costs .— The Secretary shall estimate the total costs of a project under this section based on the best available information, including any available engineering studies, studies of economic feasibility, environmental analyses, and information on the expected use of equipment or facilities. (2) Federal share .— The Federal share of total project costs under this section shall not exceed 80 percent.
“applicant” applies in that section
the term “applicant” means— (A) a State, including the District of Columbia; (B) a group of States; (C) an entity implementing an interstate compact; (D) a public agency or publicly chartered authority established by 1 or more States; (E) a political subdivision of a State; (F) a federally recognized Indian Tribe; (G) Amtrak or another rail carrier that provides intercity rail passenger transportation; (H) any rail carrier in partnership with at least 1 of the entities described in subparagraphs (A) through (F); and (I) any combination of the entities described in subparagraphs (A) through (F).
“rural area” applies in that section
the term “rural area” means any area that is not within an area designated as an urbanized area by the Bureau of the Census.
“Northeast Corridor” applies in that section
the term “Northeast Corridor” means the Northeast Corridor main line between Boston, Massachusetts, and the District of Columbia, and facilities and services used to operate and maintain that line.
“Northeast Corridor” applies in that section
the term “Northeast Corridor” means the Northeast Corridor main line between Boston, Massachusetts, and the District of Columbia, and facilities and services used to operate and maintain that line.
“Northeast Corridor” applies in that section
the term “Northeast Corridor” means the Northeast Corridor main line between Boston, Massachusetts, and the District of Columbia, and facilities and services used to operate and maintain that line.
“national assets” applies in that section
the term “national assets” means the Nation’s core rail assets shared among Amtrak services, including national reservations, security, training and training centers, and other assets associated with Amtrak’s national rail passenger transportation system.
“Northeast Corridor” applies in that section
the term “Northeast Corridor” means the Northeast Corridor main line between Boston, Massachusetts, and the District of Columbia, and facilities and services used to operate and maintain that line. (c) Amtrak 5 -Year Asset Line Plans.— (1) Asset lines .— Amtrak shall prepare a 5-year asset line plan for each of the following asset lines: (A) Transportation, including activities and resources associated with the operation and movement of Amtrak trains, onboard services, and amenities.
“electronic cigarette” applies in that section
the term “electronic cigarette” means a device that delivers nicotine or other substances to a user of the device in the form of a vapor that is inhaled to simulate the experience of smoking.
“State” applies in that section
the term “State” means any of the 50 States, including the District of Columbia, that sponsor the operation of trains by Amtrak on a State-supported route, or a public entity that sponsors such operation on such a route.
“Northeast Corridor” applies in that section
the term “Northeast Corridor” means the main line between Boston, Massachusetts, and the District of Columbia, and the Northeast Corridor branch lines connecting to Harrisburg, Pennsylvania, Springfield, Massachusetts, and Spuyten Duyvil, New York, including the facilities and services used to operate and maintain those lines.
“applicant” applies in that section
The term “applicant” means— (A) a State (including the District of Columbia); (B) a group of States; (C) an Interstate Compact; (D) a public agency or publicly chartered authority established by 1 or more States; (E) a political subdivision of a State; (F) Amtrak, acting on its own behalf or under a cooperative agreement with 1 or more States; (G) a federally recognized Indian Tribe; or (H) any combination of the entities described in subparagraphs (A) through (G). (2) Intercity rail passenger transportation .—
“intercity rail passenger transportation” applies in that section
The term “intercity rail passenger transportation” has the meaning given the term in section 24102. (3) Northeast corridor .—
“Northeast Corridor” applies in that section
The term “Northeast Corridor” means— (A) the main rail line between Boston, Massachusetts and the District of Columbia; (B) the branch rail lines connecting to Harrisburg, Pennsylvania, Springfield, Massachusetts, and Spuyten Duyvil, New York; and (C) facilities and services used to operate and maintain lines described in subparagraphs (A) and (B).
“intercity passenger rail corridor” applies in that section
the term “intercity passenger rail corridor” means— (1) a new intercity passenger rail route of less than 750 miles; (2) the enhancement of an existing intercity passenger rail route of less than 750 miles; (3) the restoration of service over all or portions of an intercity passenger rail route formerly operated by Amtrak; or (4) the increase of service frequency of a long-distance intercity passenger rail route.
“financial assistance” applies throughout its chapter
the term “financial assistance” includes grants, contracts,, 1 cooperative agreements, and other transactions;
“high-speed rail” applies throughout its chapter
the term “high-speed rail” means all forms of nonhighway ground transportation that run on rails or electromagnetic guideways providing transportation service which is— (A) reasonably expected to reach sustained speeds of more than 125 miles per hour; and (B) made available to members of the general public as passengers, but does not include rapid transit operations within an urban area that are not connected to the general rail system of transportation;
“publicly financed costs” applies throughout its chapter
the term “publicly financed costs” means the costs funded after April 29, 1993 , by Federal, State, and local governments;
“Secretary” applies throughout its chapter
the term “Secretary” means the Secretary of Transportation;
“State” applies throughout its chapter
the term “State” means any of the several States, the District of Columbia, Puerto Rico, the Northern Mariana Islands, the Virgin Islands, Guam, American Samoa, and any other territory or possession of the United States; and;
“United States private business” applies throughout its chapter
the term “United States private business” means a business entity organized under the laws of the United States, or of a State, and conducting substantial business operations in the United States.
“applicant” applies in that section
The term “applicant” means a State, a group of States, an Interstate Compact, a public agency established by one or more States and having responsibility for providing high-speed rail service, or Amtrak. (2) Corridor .—
“capital project” applies in that section
The term “capital project” means a project or program in a State rail plan developed under chapter 227 of this title for acquiring, constructing, improving, or inspecting equipment, track, and track structures, or a facility of use in or for the primary benefit of high-speed rail service, expenses incidental to the acquisition or construction (including designing, engineering, location surveying, mapping, environmental studies, and acquiring rights-of-way), payments for the capital portions of rail trackage rights agreements, highway-rail grade crossing improvements related to high-speed rail service, mitigating environmental impacts, communication and signalization improvements, relocation …
“corridor” applies in that section
The term “corridor” means a corridor designated by the Secretary pursuant to section 104(d)(2) 1 of title 23. (3) Capital project .—
“high-speed rail” applies in that section
The term “high-speed rail” means intercity passenger rail service that is reasonably expected to reach speeds of at least 110 miles per hour. (5) Intercity passenger rail service .—
“intercity passenger rail service” applies in that section
The term “intercity passenger rail service” has the meaning given the term “intercity rail passenger transportation” in section 24102 of this title . (6) State .—
“State” applies in that section
The term “State” means any of the 50 States or the District of Columbia. (c) General Authority .— The Secretary may make grants under this section to an applicant to finance capital projects in high-speed rail corridors. (d) Applications .— Each applicant seeking to receive a grant under this section to develop a high-speed rail corridor shall submit to the Secretary an application in such form and in accordance with such requirements as the Secretary shall establish.
“claim” applies in that section
the term “claim” means a claim made— (A) against Amtrak, any high-speed railroad authority or operator, any commuter authority or operator, any rail carrier, or any State; or (B) against an officer, employee, affiliate engaged in railroad operations, or agent, of Amtrak, any high-speed railroad authority or operator, any commuter authority or operator, any rail carrier, or any State;
“punitive damages” applies in that section
the term “punitive damages” means damages awarded against any person or entity to punish or deter such person or entity, or others, from engaging in similar behavior in the future; and;
“rail carrier” applies in that section
the term “rail carrier” includes a person providing excursion, scenic, or museum train service, and an owner or operator of a privately owned rail passenger car.
“Board” applies throughout its chapter
the term “Board” means the Surface Transportation Board;
“capital work” applies throughout its chapter
the term “capital work” means maintenance, restoration, reconstruction, capacity enhancement, or rehabilitation work on trackage that would be treated, in accordance with generally accepted accounting principles, as a capital item rather than an expense;
“commuter rail passenger transportation” applies throughout its chapter
the term “commuter rail passenger transportation” has the meaning given that term in section 24102;
“public transportation authority” applies throughout its chapter
the term “public transportation authority” means a local governmental authority (as defined in section 5302) established to provide, or make a contract providing for, commuter rail passenger transportation;
“rail carrier” applies throughout its chapter
the term “rail carrier” means a person, other than a governmental authority, providing common carrier railroad transportation for compensation subject to the jurisdiction of the Board under chapter 105;
“segregated fixed guideway facility” applies throughout its chapter
the term “segregated fixed guideway facility” means a fixed guideway facility constructed within the railroad right-of-way of a rail carrier but physically separate from trackage, including relocated trackage, within the right-of-way used by a rail carrier for freight transportation purposes; and;
“trackage” applies throughout its chapter
the term “trackage” means a railroad line of a rail carrier, including a spur, industrial, team, switching, side, yard, or station track, and a facility of a rail carrier.
“affiliate” applies in that section
The term “affiliate” means a person other than the owner that directly or indirectly controls, is controlled by, or is under common control with the owner. In the preceding sentence,
“control” applies in that section
the term “control” means the power to direct the management and policies of a person whether through ownership of voting securities or otherwise. (2) Owner .—
“owner” applies in that section
The term “owner” means a person who is— (A) a record or beneficial owner, holder of title, lessor, or lessee of a motor vehicle; (B) entitled to the use and possession of a motor vehicle subject to a security interest in another person; or (C) a lessor, lessee, or a bailee of a motor vehicle, in the trade or business of renting or leasing motor vehicles, having the use or possession thereof, under a lease, bailment, or otherwise. (3) Person .—
“person” applies in that section
The term “person” means any individual, corporation, company, limited liability company, trust, association, firm, partnership, society, joint stock company, or any other entity.
“low-volume manufacturer” applies in that section
The term “low-volume manufacturer” means a motor vehicle manufacturer, other than a person who is registered as an importer under section 30141 of this title , whose annual worldwide production, including by a parent or subsidiary of the manufacturer, if applicable, is not more than 5,000 motor vehicles. (B) Replica motor vehicle .—
“replica motor vehicle” applies in that section
The term “replica motor vehicle” means a motor vehicle produced by a low-volume manufacturer and that— (i) is intended to resemble the body of another motor vehicle that was manufactured not less than 25 years before the manufacture of the replica motor vehicle; and (ii) is manufactured under a license for the product configuration, trade dress, trademark, or patent, for the motor vehicle that is intended to be replicated from the original manufacturer, its successors or assignees, or current owner of such product configuration, trade dress, trademark, or patent rights.
“open recall” applies in that section
the term “open recall” means a recall for which a notification by a manufacturer has been provided under section 30119 and that has not been remedied under this section. (g) Nonapplication .— (1) The requirement that a remedy be provided without charge does not apply if the motor vehicle or replacement equipment was bought by the first purchaser more than 15 calendar years, or the tire, including an original equipment tire, was bought by the first purchaser more than 5 calendar years, before notice is given under section 30118(c) of this title or an order is issued under section 30118(b) of this title , whichever is earlier.
“covered action” applies in that section
The term “covered action” means any administrative or judicial action, including any related administrative or judicial action, brought by the Secretary or the Attorney General under this chapter that in the aggregate results in monetary sanctions exceeding $1,000,000. (2) Monetary sanctions .—
“monetary sanctions” applies in that section
The term “monetary sanctions” means monies, including penalties and interest, ordered or agreed to be paid. (3) Original information .—
“original information” applies in that section
The term “original information” means information that— (A) is derived from the independent knowledge or analysis of an individual; (B) is not known to the Secretary from any other source, unless the individual is the original source of the information; and (C) is not exclusively derived from an allegation made in a judicial or an administrative action, in a governmental report, a hearing, an audit, or an investigation, or from the news media, unless the individual is a source of the information. (4) Part supplier .—
“part supplier” applies in that section
The term “part supplier” means a manufacturer of motor vehicle equipment. (5) Successful resolution .— The term “successful resolution”, with respect to a covered action, includes any settlement or adjudication of the covered action. (6) Whistleblower .—
“whistleblower” applies in that section
The term “whistleblower” means any employee or contractor of a motor vehicle manufacturer, part supplier, or dealership who voluntarily provides to the Secretary original information relating to any motor vehicle defect, noncompliance, or any violation or alleged violation of any notification or reporting requirement of this chapter, which is likely to cause unreasonable risk of death or serious physical injury.
“passenger-carrying commercial motor vehicle” applies in that section
the term “passenger-carrying commercial motor vehicle” has the meaning given the term “commercial motor vehicle” in section 31301. (B) Establishment .— The Secretary shall establish an immobilization grant program under which the Secretary shall provide to States discretionary grants for the immobilization or impoundment of passenger-carrying commercial motor vehicles that— (i) are determined to be unsafe; or (ii) fail inspection.
“automobile transporter” applies in that section
The term “automobile transporter” means any vehicle combination designed and used for the transport of assembled highway vehicles, including truck camper units. An automobile transporter shall not be prohibited from the transport of cargo or general freight on a backhaul, so long as it complies with weight limitations for a truck tractor and semitrailer combination. (2) Maxi-cube vehicle .—
“backhaul” applies in that section
The term “backhaul” means the return trip of a vehicle transporting cargo or general freight, especially when carrying goods back over all or part of the same route. (6) Trailer transporter towing unit .—
“driveaway saddlemount vehicle transporter combination” applies in that section
The term “driveaway saddlemount vehicle transporter combination” means a vehicle combination designed and specifically used to tow up to 3 trucks or truck tractors, each connected by a saddle to the frame or fifth-wheel of the forward vehicle of the truck or truck tractor in front of it. Such combination may include one fullmount. (5) Backhaul .—
“maxi-cube vehicle” applies in that section
The term “maxi-cube vehicle” means a truck tractor combined with a semitrailer and a separable property-carrying unit designed to be loaded and unloaded through the semitrailer, with the length of the separable property-carrying unit being not more than 34 feet and the length of the vehicle combination being not more than 65 feet. (3) Truck tractor .—
“towaway trailer transporter combination” applies in that section
The term “towaway trailer transporter combination” means a combination of vehicles consisting of a trailer transporter towing unit and 2 trailers or semitrailers— (A) with a total weight that does not exceed 26,000 pounds; and (B) in which the trailers or semitrailers carry no property and constitute inventory property of a manufacturer, distributor, or dealer of such trailers or semitrailers.
“trailer transporter towing unit” applies in that section
The term “trailer transporter towing unit” means a power unit that is not used to carry property when operating in a towaway trailer transporter combination. (7) Towaway trailer transporter combination .—
“truck tractor” applies in that section
The term “truck tractor” means— (A) a non-property-carrying power unit that operates in combination with a semitrailer or trailer; or (B) a power unit that carries as property motor vehicles when operating in combination with a semitrailer in transporting motor vehicles or any other commodity, including cargo or general freight on a backhaul. (4) Driveaway saddlemount vehicle transporter combination .—
“motor carrier” applies in that section
The term “motor carrier” has the meaning such term has under section 13102. (2) Officer .—
“officer” applies in that section
The term “officer” means an owner, director, chief executive officer, chief operating officer, chief financial officer, safety director, vehicle maintenance supervisor, and driver supervisor of a motor carrier, regardless of the title attached to those functions, and any person, however designated, exercising controlling influence over the operations of a motor carrier.
“electronic logging device” applies in that section
The term “electronic logging device” means an electronic device that— (A) is capable of recording a driver’s hours of service and duty status accurately and automatically; and (B) meets the requirements established by the Secretary through regulation. (2) Tamper resistant .—
“tamper resistant” applies in that section
The term “tamper resistant” means resistant to allowing any individual to cause an electronic device to record the incorrect date, time, and location for changes to on-duty driving status of a commercial motor vehicle operator under part 395 of title 49, Code of Federal Regulations, or to subsequently alter the record created by that device. (g) Brakes and Brake Systems Maintenance Regulations .— The Secretary shall maintain regulations on improved standards or methods to ensure that brakes and brake systems of commercial motor vehicles are maintained properly and inspected by appropriate employees.
“serious driver-related violation” applies in that section
the term “serious driver-related violation” means a violation by an operator of a commercial motor vehicle that the Secretary determines will result in the operator being prohibited from continuing to operate a commercial motor vehicle until the violation is corrected.
“interchange” applies in that section
The term “interchange”— (A) means the act of providing intermodal equipment to a motor carrier pursuant to an intermodal equipment interchange agreement for the purpose of transporting the equipment for loading or unloading by any person or repositioning the equipment for the benefit of the equipment provider; but (B) does not include the leasing of equipment to a motor carrier for primary use in the motor carrier’s freight hauling operations.
“intermodal equipment” applies in that section
The term “intermodal equipment” means trailing equipment that is used in the intermodal transportation of containers over public highways in interstate commerce, including trailers and chassis. (2) Intermodal equipment interchange agreement .—
“intermodal equipment interchange agreement” applies in that section
The term “intermodal equipment interchange agreement” means the Uniform Intermodal Interchange and Facilities Access Agreement or any other written document executed by an intermodal equipment provider or its agent and a motor carrier or its agent, the primary purpose of which is to establish the responsibilities and liabilities of both parties with respect to the interchange of the intermodal equipment. (3) Intermodal equipment provider .—
“intermodal equipment provider” applies in that section
The term “intermodal equipment provider” means any person that interchanges intermodal equipment with a motor carrier pursuant to a written interchange agreement or has a contractual responsibility for the maintenance of the intermodal equipment. (4) Interchange .—
“driver record notification system” applies in that section
the term “driver record notification system” means a system that automatically furnishes an employer with a report, generated by the appropriate agency of a State, on the change in the status of an employee’s driver’s license due to a conviction for a moving violation, a failure to appear, an accident, driver’s license suspension, driver’s license revocation, or any other action taken against the driving privilege.
“armed forces” applies in that section
The term “armed forces” has the meaning given that term in section 101(a) of title 10 . (B) Covered individual .—
“covered individual” applies in that section
The term “covered individual” means an individual over the age of 21 years who is— (i) a current or former member of the armed forces; or (ii) a current or former member of one of the reserve components. (C) Reserve components .—
“reserve components” applies in that section
The term “reserve components” means— (i) the Army National Guard of the United States; (ii) the Army Reserve; (iii) the Navy Reserve; (iv) the Marine Corps Reserve; (v) the Air National Guard of the United States; (vi) the Air Force Reserve; and (vii) the Coast Guard Reserve.
“authorized user” applies in that section
The term “authorized user” means an employer, State licensing authority, or other person granted access to the clearinghouse under subsection (h). (2) Chief commercial driver’s licensing official .—
“chief commercial driver’s licensing official” applies in that section
The term “chief commercial driver’s licensing official” means the official in a State who is authorized to— (A) maintain a record about commercial driver’s licenses issued by the State; and (B) take action on commercial driver’s licenses issued by the State. (3) Clearinghouse .—
“clearinghouse” applies in that section
The term “clearinghouse” means the clearinghouse established under subsection (a). (4) Commercial motor vehicle operator .—
“commercial motor vehicle operator” applies in that section
The term “commercial motor vehicle operator” means an individual who— (A) possesses a valid commercial driver’s license issued in accordance with section 31308; and (B) is subject to controlled substances and alcohol testing under title 49, Code of Federal Regulations. (5) Employer .—
“employer” applies in that section
The term “employer” means a person or entity employing, or seeking to employ, 1 or more employees (including an individual who is self-employed) to be commercial motor vehicle operators. (6) Medical review officer .—
“medical review officer” applies in that section
The term “medical review officer” means a licensed physician who is responsible for— (A) receiving and reviewing a laboratory result generated under the testing program; (B) evaluating a medical explanation for a controlled substances test under title 49, Code of Federal Regulations; and (C) interpreting the results of a controlled substances test. (7) Secretary .—
“Secretary” applies in that section
The term “Secretary” means the Secretary of Transportation. (8) Service agent .—
“service agent” applies in that section
The term “service agent” means a person or entity, other than an employee of the employer, who provides services to employers or employees under the testing program. (9) Testing program .—
“testing program” applies in that section
The term “testing program” means the alcohol and controlled substances testing program required under title 49, Code of Federal Regulations.
“driver of a ready mixed concrete delivery vehicle” applies in that section
the term “driver of a ready mixed concrete delivery vehicle” means a driver of a vehicle designed to deliver ready mixed concrete on a daily basis and is equipped with a mechanism under which the vehicle’s propulsion engine provides the power to operate a mixer drum to agitate and mix the product en route to the delivery site.
“driver of a utility service vehicle” applies in that section
The term “driver of a utility service vehicle” means any driver who is considered to be a driver of a utility service vehicle for purposes of section 345(a)(4) 1 of the National Highway System Designation Act of 1995 ( 49 U.S.C. 31136 note; 109 Stat. 613 ). (B) Utility service vehicle .—
“utility service vehicle” applies in that section
The term “utility service vehicle” has the meaning that term has under section 345(e)(6) 1 of the National Highway System Designation Act of 1995 ( 49 U.S.C. 31136 note; 109 Stat 2 614–615). (f) Ready Mixed Concrete Delivery Vehicles.— (1) In general .— Notwithstanding any other provision of law, regulations issued under this section or section 31136 (including section 395.1(e)(1)(ii) of title 49, Code of Federal Regulations) regarding reporting, recordkeeping, or documentation of duty status shall not apply to any driver of a ready mixed concrete delivery vehicle if— (A) the driver operates within a 100 air-mile radius of the normal work reporting location; (B) the driver returns to the …
“passenger motor vehicle” applies in that section
The term “passenger motor vehicle” has the meaning given that term in section 32101. (2) Rear-designated seating position .—
“rear-designated seating position” applies in that section
The term “rear-designated seating position” means designated seating positions that are rearward of the front seat. (3) Secretary .—
“Secretary” applies in that section
The term “Secretary” means the Secretary of Transportation. (b) Rulemaking .— Not later than 2 years after the date of enactment of this section, the Secretary shall issue a final rule requiring all new passenger motor vehicles weighing less than 10,000 pounds gross vehicle weight to be equipped with a system to alert the operator to check rear-designated seating positions after the vehicle engine or motor is deactivated by the operator. (c) Means .— The alert required under subsection (b)— (1) shall include a distinct auditory and visual alert, which may be combined with a haptic alert; and (2) shall be activated when the vehicle motor is deactivated by the operator.
“new motor vehicle” applies in that section
the term “new motor vehicle” means any motor vehicle driven with no more than the limited use necessary in moving, transporting, or road testing such vehicle prior to delivery from the vehicle manufacturer to a dealer, but in no event shall the odometer reading of such vehicle exceed 300 miles. (5) The Secretary may exempt such classes or categories of vehicles as the Secretary deems appropriate from these requirements. Until such time as the Secretary amends or modifies the regulations set forth in 49 CFR 580.6, such regulations shall have full force and effect.
“compliance category of automobiles” applies in that section
The term “compliance category of automobiles” means any of the following 3 categories of automobiles for which compliance is separately calculated under this chapter: (i) Passenger automobiles manufactured domestically. (ii) Passenger automobiles not manufactured domestically. (iii) Non-passenger automobiles. (h) Refund of Collected Penalty .— When a civil penalty has been collected under this chapter from a manufacturer that has earned credits under this section, the Secretary of the Treasury shall refund to the manufacturer the amount of the penalty to the extent the penalty is attributable to credits available under this section.
“fleet” applies in that section
The term “fleet” means all automobiles manufactured by a manufacturer in a particular model year. (B) Compliance category of automobiles .—
“retrofit device” applies in that section
the term “retrofit device” means any component, equipment, or other device— (1) that is designed to be installed in or on an automobile (as an addition to, as a replacement for, or through alteration or modification of, any original component, equipment, or other device); and (2) that any manufacturer, dealer, or distributor of the device represents will provide higher fuel economy than would have resulted with the automobile as originally equipped, as determined under regulations of the Administrator of the Environmental Protection Agency. The term also includes a fuel additive for use in an automobile.
“other commercial air service” applies throughout its part
the term “other commercial air service” means an aircraft operation that (i) is within the United States territorial airspace; (ii) the Administrator of the Federal Aviation Administration determines is available for compensation or hire to the public, and (iii) must comply with all applicable civil aircraft rules under title 14, Code of Federal Regulations. (F) An unmanned aircraft that is owned and operated by, or exclusively leased for at least 90 continuous days by, an Indian Tribal government, as defined in section 102 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5122 ), except as provided in section 40125(b).
“proposal” applies in that section
the term “proposal” means information contained in or originating from any proposal, including a technical, management, or cost proposal, submitted by an offeror in response to the requirements of a solicitation for a competitive proposal.
“inherently governmental technical assistance and training” applies in that section
the term “inherently governmental technical assistance and training” means technical assistance and training that— (A) relies upon or incorporates Federal Aviation Administration-specific program, system, policy, or procedural matters; (B) must be accomplished using agency expertise and authority; and (C) relates to— (i) international aviation safety assessment technical reviews and technical assistance; (ii) aerodrome safety and certification; (iii) aviation system certification activities based on Federal Aviation Administration regulations and requirements; (iv) cybersecurity efforts to protect United States aviation ecosystem components and facilities; (v) operation and maintenance of …
“airport” applies in that section
The terms “airport”, “commercial service airport”, and “public agency” have the meaning those terms have under section 47102. (2) Eligible agency .—
“commercial service airport” applies in that section
The terms “airport”, “commercial service airport”, and “public agency” have the meaning those terms have under section 47102. (2) Eligible agency .—
“covered air carrier” applies in that section
the term “covered air carrier” means an air carrier that files for chapter 7 or chapter 11 of title 11 bankruptcy protection, or has an involuntary chapter 7 of title 11 bankruptcy proceeding commenced against it, after the date of enactment of this subsection.
“eligible agency” applies in that section
The term “eligible agency” means a public agency that controls a commercial service airport. (3) Eligible airport-related project .—
“eligible airport-related project” applies in that section
The term “eligible airport-related project” means any of the following projects: (A) A project for airport development or airport planning under subchapter I of chapter 471. (B) A project for terminal development described in section 47119(a). (C) A project for costs of terminal development referred to in subparagraph (B) incurred after August 1, 1986 , at an airport that did not have more than .25 percent of the total annual passenger boardings in the United States in the most recent calendar year for which data is available and at which total passenger boardings declined by at least 16 percent between calendar year 1989 and calendar year 1997.
“eligible project costs” applies in that section
the term “eligible project costs” means the difference between the cost of standard school construction and the cost of construction necessary to mitigate classroom noise to the standards of the Federal Aviation Administration. (c) Applications .— (1) An eligible agency must submit to the Secretary an application for authority to impose a passenger facility charge. The application shall contain information and be in the form that the Secretary may require by regulation. (2) Before submitting an application, the eligible agency must provide reasonable notice to, and an opportunity for consultation with, air carriers and foreign air carriers operating at the airport.
“ground support equipment” applies in that section
The term “ground support equipment” means service and maintenance equipment used at an airport to support aeronautical operations and related activities. (5) Passenger facility charge .—
“passenger facility charge” applies in that section
The term “passenger facility charge” means a charge imposed under this section. (6) Passenger facility revenue .—
“passenger facility revenue” applies in that section
The term “passenger facility revenue” means revenue derived from a passenger facility charge. (b) General Authority .— (1) Except as provided under subsection ( l ), the Secretary of Transportation may authorize under this section an eligible agency to impose a passenger facility charge of $1, $2, $3, $4, or $4.50 on each paying passenger of an air carrier or foreign air carrier boarding an aircraft at an airport the agency controls to finance an eligible airport-related project, including making payments for debt service on indebtedness incurred to carry out the project, to be carried out in connection with the airport or any other airport the agency controls.
“public agency” applies in that section
The terms “airport”, “commercial service airport”, and “public agency” have the meaning those terms have under section 47102. (2) Eligible agency .—
“significant business interest” applies in that section
the term “significant business interest” means an air carrier or foreign air carrier that had no less than 1.0 percent of passenger boardings at the airport in the prior calendar year, had at least 25,000 passenger boardings at the airport in the prior calendar year, or provides scheduled service at the airport. (3) Before submitting an application, the eligible agency must provide reasonable notice and an opportunity for public comment.
“commercial product” applies in that section
the term “commercial product” has the meaning given such term in section 103 of title 41 , except that it shall not include a contract for the transportation by air of passengers. (h) Training Requirements .— The Administrator of General Services shall ensure that any contract entered into for provision of air transportation with a domestic carrier under this section requires that the contracting air carrier submits to the Administrator of General Services, the Secretary of Transportation, the Administrator of the Transportation Security Administration, the Secretary of Labor and the Commissioner of U.S.
“domestic animal” applies in that section
the term “domestic animal” means a domestic cat (Felis catus) or a domestic dog (Canis familiaris). (d) Proof .— The Administrator of General Services shall prescribe regulations under which agencies may allow the expenditure of an appropriation for transportation in violation of this section only when satisfactory proof is presented showing the necessity for the transportation.
“agency” applies in that section
the term “agency” means the Department of Transportation;
“career appointee” applies in that section
the term “career appointee” means a Federal Aviation Administration career executive; and;
“covered position” applies in that section
the term “covered position” means a safety-critical position, to include personnel located at contract towers, based in Alaska, Hawaii, Puerto Rico, American Samoa, Guam, the Northern Mariana Islands, and the Virgin Islands.
“major adverse personnel action” applies in that section
the term “major adverse personnel action” means a suspension of more than 14 days, a reduction in pay or grade, a removal for conduct or performance, a nondisciplinary removal, a furlough of 30 days or less (but not including placement in a nonpay status as the result of a lapse of appropriations or an enactment by Congress), or a reduction in force action.
“senior career employee” applies in that section
the term “senior career employee” means a Federal Aviation Administration career senior professional; (ii) receipt by a career appointee or a senior career employee of the rank of Meritorious Executive or Meritorious Senior Professional entitles the individual to a lump-sum payment of an amount equal to 20 percent of annual basic pay, which shall be in addition to the basic pay paid under the Federal Aviation Administration Executive Compensation Plan; and (iii) receipt by a career appointee or a senior career employee of the rank of Distinguished Executive or Distinguished Senior Professional entitles the individual to a lump-sum payment of an amount equal to 35 percent of annual basic …
“senior executive” applies in that section
the term “senior executive” means a Federal Aviation Administration executive;
“armed forces” applies in that section
The term “armed forces” has the meaning given such term by section 101 of title 10 . (b) Aircraft Owned by Governments .— An aircraft described in subparagraph (A), (B), (C), (D), or (F) of section 40102(a)(41) does not qualify as a public aircraft under such section when the aircraft is used for commercial purposes or to carry an individual other than a crewmember or a qualified non-crewmember.
“commercial purposes” applies in that section
The term “commercial purposes” means the transportation of persons or property for compensation or hire, but does not include the operation of an aircraft by the armed forces for reimbursement when that reimbursement is required by any Federal statute, regulation, or directive, in effect on November 1, 1999 , or by one government on behalf of another government under a cost reimbursement agreement if the government on whose behalf the operation is conducted certifies to the Administrator of the Federal Aviation Administration that the operation is necessary to respond to a significant and imminent threat to life or property (including natural resources) and that no service by a private …
“governmental function” applies in that section
The term “governmental function” means an activity undertaken by a government, such as national defense, intelligence missions, firefighting, search and rescue, law enforcement (including transport of prisoners, detainees, and illegal aliens), aeronautical research, biological or geological resource management (including data collection on civil aviation systems undergoing research, development, test, or evaluation at a test range (as such term is defined in section 44801)), infrastructure inspections, or any other activity undertaken by a governmental entity that the Administrator determines is inherently governmental. (3) Qualified non-crewmember .—
“qualified non-crewmember” applies in that section
The term “qualified non-crewmember” means an individual, other than a member of the crew, aboard an aircraft— (A) operated by the armed forces or an intelligence agency of the United States Government; or (B) whose presence is required to perform, or is associated with the performance of, a governmental function. (4) Armed forces .—
“Administrator” applies in that section
The term “Administrator” means the Administrator of the Federal Aviation Administration. (8) Director .—
“commercial air tour operation over a national park” applies in that section
The term “commercial air tour operation over a national park” means any flight, conducted for compensation or hire in a powered aircraft where a purpose of the flight is sightseeing over a national park, within ½ mile outside the boundary of any national park (except the Grand Canyon National Park), or over tribal lands (except those within or abutting the Grand Canyon National Park), during which the aircraft flies— (i) below a minimum altitude, determined by the Administrator in cooperation with the Director, above ground level (except solely for purposes of takeoff or landing, or necessary for safe operation of an aircraft as determined under the rules and regulations of the Federal …
“commercial air tour operator” applies in that section
The term “commercial air tour operator” means any person who conducts a commercial air tour operation over a national park. (2) Existing commercial air tour operator .—
“Director” applies in that section
The term “Director” means the Director of the National Park Service.
“existing commercial air tour operator” applies in that section
The term “existing commercial air tour operator” means a commercial air tour operator that was actively engaged in the business of providing commercial air tour operations over a national park at any time during the 12-month period ending on the date of the enactment of this section. (3) New entrant commercial air tour operator .—