r/title-49-TRANSPORTATION wiki — defined terms
The statute’s own glossary: every term Title 49 defines, in section order.
“Center” applies in that section
The term “Center” means the Interagency Infrastructure Permitting Improvement Center established by paragraph (2). (B) Project .—
“project” applies in that section
The term “project” means a project authorized or funded under— (i) this title; or (ii) title 14, 23, 46, or 51. (2) Establishment .— There is established within the Office of the Secretary a center, to be known as the “Interagency Infrastructure Permitting Improvement Center”.
“air traffic control system” applies in that section
the term “air traffic control system” has the meaning such term has under section 40102(a). (s) Chief Technology Officer.— (1) In general.— (A) Establishment .— There shall be a Chief Technology Officer for the air traffic control system that shall report directly to the Chief Operating Officer of the air traffic control system. (B) Appointment .— The Chief Technology Officer shall be appointed by the Administrator. (C) Minimum qualifications .— The Chief Technology Officer shall have— (i) at least 10 years experience in engineering management, systems management, or another relevant technical management field; and (ii) knowledge of or experience in the aviation industry.
“financial interest” applies in that section
the term “financial interest”— (A) means— (i) any current or contingent ownership, equity, or security interest; (ii) any indebtedness or compensated employment relationship; or (iii) any right to purchase or acquire any such ownership, equity, or security interest, including a stock option; and (B) does not include securities held in an index fund. (f) Authority of the Secretary and the Administrator.— (1) Authority of the secretary .— Except as provided in paragraphs (2) and (3), the Secretary of Transportation shall carry out the duties and powers, and controls the personnel and activities, of the Administration.
“leadership of the Administration” applies in that section
the term “leadership of the Administration” means— (A) the Administrator under paragraph (1); and (B) the Deputy Administrator under paragraph (2). (c) Assistant Administrator for Rulemaking and Regulatory Improvement .— There is an Assistant Administrator for Rulemaking and Regulatory Improvement who shall be appointed by the Administrator and shall— (1) be responsible for developing and managing the execution of a regulatory agenda for the Administration that meets statutory and Administration deadlines, including by— (A) prioritizing rulemaking projects that are necessary to improve safety; (B) establishing the regulatory agenda of the Administration; and (C) coordinating with offices of …
“political appointee” applies in that section
the term “political appointee” means any individual who— (A) is employed in a position listed in sections 5312 through 5316 of title 5 (relating to the Executive Schedule); (B) is a limited term appointee, limited emergency appointee, or noncareer appointee in the Senior Executive Service, as defined under paragraphs (5), (6), and (7), respectively, of section 3132(a) of title 5 ; or (C) is employed in a position in the executive branch of the Government of a confidential or policy-determining character under schedule C of subpart C of part 213 of title 5 of the Code of Federal Regulations. (g) [reserved].
“unfunded capital investment need” applies in that section
the term “unfunded capital investment need” means a program that— (i) is not funded in the budget of the President for the fiscal year as submitted to Congress pursuant to section 1105 of title 31 ; (ii) is for infrastructure or a system related to necessary modernization or sustainment of the air traffic control system; (iii) is listed for any year in the most recent National Airspace System Capital Investment Plan of the Administration; and (iv) would have been recommended for funding through the budget referred to in subparagraph (A) by the Administrator if— (I) additional resources had been available for the budget to fund the program, activity, or mission requirement; or (II) the …
“agency” applies in that section
the term “agency” means the Department of Homeland Security;
“applicable sections of title 5” applies in that section
the term “applicable sections of title 5” means— (A) subsections (b), (c) and (d) of section 4507 of title 5 ; and (B) subsections (b) and (c) of section 4507a of title 5 . (o) Authority of Inspector General .— The Transportation Security Administration shall be subject to chapter 4 of title 5 and other laws relating to the authority of the Inspector General of the Department of Homeland Security. (p) Law Enforcement Powers.— (1) In general .— The Administrator may designate an employee of the Transportation Security Administration or other Federal agency to serve as a law enforcement officer.
“appropriate congressional committees” applies in that section
the term “appropriate congressional committees” means the Committee on Transportation and Infrastructure and the Committee on Homeland Security of the House of Representatives and the Committee on Commerce, Science, and Transportation, the Committee on Homeland Security and Governmental Affairs, and the Committee on Banking, Housing, and Urban Affairs of the Senate. (5) Priority Status.— (A) In general .— The National Strategy for Transportation Security shall be the governing document for Federal transportation security efforts.
“career appointee” applies in that section
the term “career appointee” means a Transportation Security Administration executive serving on a career Transportation Security Executive Service appointment; and (iv) The 1
“Plan” applies in that section
The term “Plan” means the Transportation Security Information Sharing Plan established under paragraph (2). (C) Public and private stakeholders .—
“public and private stakeholders” applies in that section
The term “public and private stakeholders” means Federal, State, and local agencies, tribal governments, and appropriate private entities, including nonprofit employee labor organizations representing transportation employees. (D) Transportation security information .—
“senior career employee” applies in that section
term “senior career employee” means a Transportation Security Administration employee covered by the Transportation Security Administration Core Compensation System at the L or M pay band; (B) 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 applicable Transportation Security Administration pay system; and (C) receipt by a career appointee or a senior career employee of the rank of Distinguished Executive or Distinguished Senior Professional entitles the …
“senior executive” applies in that section
the term “senior executive” means a Transportation Security Administration executive serving on a Transportation Security Executive Service appointment;
“small business concern” applies in that section
The term “small business concern” has the meaning given that term in section 3 of the Small Business Act ( 15 U.S.C. 632 ). (7) Enforcement transparency.— (A) In general .— The Secretary of Homeland Security shall— (i) provide an annual summary to the public of all enforcement actions taken by the Secretary under this subsection; and (ii) include in each such summary the docket number of each enforcement action, the type of alleged violation, the penalty or penalties proposed, and the final assessment amount of each penalty. (B) Electronic availability .— Each summary under this paragraph shall be made available to the public by electronic means.
“transportation security information” applies in that section
The term “transportation security information” means information relating to the risks to transportation modes, including aviation, public transportation, railroad, ferry, highway, maritime, pipeline, and over-the-road bus transportation, and may include specific and general intelligence products, as appropriate. (2) Establishment of plan .— The Secretary of Homeland Security, in consultation with the program manager of the information sharing environment established under section 1016 of the Intelligence Reform and Terrorism Prevention Act of 2004 ( 6 U.S.C.
“Bureau” applies in that section
The term “Bureau” means the National Surface Transportation and Innovative Finance Bureau of the Department. (2) Department .—
“Department” applies in that section
The term “Department” means the Department of Transportation. (3) Eligible entity .—
“eligible entity” applies in that section
The term “eligible entity” means an eligible applicant receiving financial or credit assistance under 1 or more of the programs referred to in subsection (d)(1). (4) Executive director .—
“Executive Director” applies in that section
The term “Executive Director” means the Executive Director of the Bureau. (5) Multimodal project .—
“multimodal project” applies in that section
The term “multimodal project” means a project involving the participation of more than 1 modal administration or secretarial office within the Department. (6) Project .—
“project” applies in that section
The term “project” means a highway project, public transportation capital project, freight or passenger rail project, or multimodal project.
“Department” applies in that section
The term “Department” means the Department of Transportation. (2) Freight office .—
“Freight Office” applies in that section
The term “Freight Office” means the Office of Multimodal Freight Infrastructure and Policy established under subsection (b). (3) Secretary .—
“Secretary” applies in that section
The term “Secretary” means the Secretary of Transportation. (b) Establishment .— The Secretary shall establish within the Department an Office of Multimodal Freight Infrastructure and Policy. (c) Purposes .— The purposes of the Freight Office shall be— (1) to carry out the national multimodal freight policy described in section 70101; (2) to administer and oversee certain multimodal freight grant programs within the Department in accordance with subsection (d); (3) to promote and facilitate the sharing of information between the private and public sectors with respect to freight issues; (4) to conduct research on improving multimodal freight mobility, and to oversee the freight research …
“ARPA–I” applies in that section
The term “ARPA–I” means the Advanced Research Projects Agency–Infrastructure established by subsection (b). (2) Department .—
“Department” applies in that section
The term “Department” means the Department of Transportation. (3) Director .—
“Director” applies in that section
The term “Director” means the Director of ARPA–I appointed under subsection (d). (4) Eligible entity .—
“eligible entity” applies in that section
The term “eligible entity” means— (A) a unit of State or local government; (B) an institution of higher education; (C) a commercial entity; (D) a research foundation; (E) a trade or industry research collaborative; (F) a federally funded research and development center; (G) a research facility owned or funded by the Department; (H) a collaborative that includes relevant international entities; and (I) a consortia of 2 or more entities described in any of subparagraphs (A) through (H). (5) Infrastructure.— (A) In general .—
“infrastructure” applies in that section
The term “infrastructure” means any transportation method or facility that facilitates the transit of goods or people within the United States (including territories). (B) Inclusions .—
“Secretary” applies in that section
The term “Secretary” means the Secretary of Transportation. (b) Establishment .— There is established within the Department an agency, to be known as the “Advanced Research Projects Agency–Infrastructure”, to support the development of science and technology solutions— (1) to overcome long-term challenges; and (2) to advance the state of the art for United States transportation infrastructure.
“cooperating authority” applies in that section
The term “cooperating authority” means a Department of Transportation operating administration or secretarial office that has expertise but is not the lead authority with respect to a proposed multimodal project. (2) Lead authority .—
“lead authority” applies in that section
The term “lead authority” means a Department of Transportation operating administration or secretarial office that has the lead responsibility for compliance with the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq.) with respect to a proposed multimodal project. (3) Multimodal project .—
“multimodal project” applies in that section
The term “multimodal project” has the meaning given the term in section 139(a) of title 23 . (b) Exercise of Authorities .— The authorities granted in this section may be exercised for a multimodal project, class of projects, or program of projects that are carried out under this title or title 23. (c) Application of Categorical Exclusions for Multimodal Projects .— In considering the environmental impacts of a proposed multimodal project, a lead authority may apply categorical exclusions designated under the National Environmental Policy Act of 1969 ( 42 U.S.C.
“eligible applicant” applies in that section
the term “eligible applicant” means any United States private business, State government, local government, organization of State or local government, or any combination thereof. The term does not include any business owned in whole or in part by the Federal Government. (D) The amount and distribution of grants or contracts made under this paragraph shall be determined by the Secretary. No grant or contract may be awarded under this paragraph to demonstrate a technology to be incorporated into a project or system located in a State that prohibits under State law the expenditure of non-Federal public funds or revenues on the construction or operation of such project or system.
“appropriate committees of Congress” applies in that section
The term “appropriate committees of Congress” means— (A) the Committee on Transportation and Infrastructure of the House of Representatives; and (B) the Committee on Environment and Public Works, the Committee on Commerce, Science, and Transportation, and the Committee on Banking, Housing, and Urban Affairs of the Senate. (2) Covered project .—
“covered project” applies in that section
The term “covered project” means a project competitively selected by the Department to receive a discretionary grant award, letter of intent, loan commitment, loan guarantee commitment, or line of credit commitment in an amount equal to or greater than $750,000. (3) Department .—
“Department” applies in that section
The term “Department” means the Department of Transportation, including the modal administrations of the Department.
“entity” applies in that section
the term “entity” means a non-Federal entity with the demonstrated technical expertise and requisite administrative and financial resources to meet any terms and conditions established by the Secretary for purposes of this subsection.
“commercial motor vehicle” applies in that section
the terms “commercial motor vehicle”, “employee”, “employer”, and “State” have the meaning such terms have under section 31132 of this title . (15) Impoundment of commercial motor vehicles.— (A) Enforcement of imminent hazard out-of-service orders.— (i) The Secretary, or an authorized State official carrying out motor carrier safety enforcement activities under section 31102, may enforce an imminent hazard out-of-service order issued under chapters 5, 51, 131 through 149, 311, 313, or 315 of this title, or a regulation promulgated thereunder, by towing and impounding a commercial motor vehicle until the order is rescinded.
“employee” applies in that section
the terms “commercial motor vehicle”, “employee”, “employer”, and “State” have the meaning such terms have under section 31132 of this title . (15) Impoundment of commercial motor vehicles.— (A) Enforcement of imminent hazard out-of-service orders.— (i) The Secretary, or an authorized State official carrying out motor carrier safety enforcement activities under section 31102, may enforce an imminent hazard out-of-service order issued under chapters 5, 51, 131 through 149, 311, 313, or 315 of this title, or a regulation promulgated thereunder, by towing and impounding a commercial motor vehicle until the order is rescinded.
“employer” applies in that section
the terms “commercial motor vehicle”, “employee”, “employer”, and “State” have the meaning such terms have under section 31132 of this title . (15) Impoundment of commercial motor vehicles.— (A) Enforcement of imminent hazard out-of-service orders.— (i) The Secretary, or an authorized State official carrying out motor carrier safety enforcement activities under section 31102, may enforce an imminent hazard out-of-service order issued under chapters 5, 51, 131 through 149, 311, 313, or 315 of this title, or a regulation promulgated thereunder, by towing and impounding a commercial motor vehicle until the order is rescinded.
“impounding” applies in that section
the term “impoundment” or “impounding” means the seizing and taking into custody of a commercial motor vehicle or the immobilizing of a commercial motor vehicle through the attachment of a locking device or other mechanical or electronic means.
“impoundment” applies in that section
the term “impoundment” or “impounding” means the seizing and taking into custody of a commercial motor vehicle or the immobilizing of a commercial motor vehicle through the attachment of a locking device or other mechanical or electronic means.
“State” applies in that section
the terms “commercial motor vehicle”, “employee”, “employer”, and “State” have the meaning such terms have under section 31132 of this title . (15) Impoundment of commercial motor vehicles.— (A) Enforcement of imminent hazard out-of-service orders.— (i) The Secretary, or an authorized State official carrying out motor carrier safety enforcement activities under section 31102, may enforce an imminent hazard out-of-service order issued under chapters 5, 51, 131 through 149, 311, 313, or 315 of this title, or a regulation promulgated thereunder, by towing and impounding a commercial motor vehicle until the order is rescinded.
“accident” applies throughout its chapter
The term “accident” includes damage to or destruction of vehicles in surface or air transportation or pipelines, regardless of whether the initiating event is accidental or otherwise. (2) State .—
“State” applies throughout its chapter
The term “State” means a State of the United States, the District of Columbia, Puerto Rico, the Virgin Islands, American Samoa, the Northern Mariana Islands, and Guam. (b) Applicability of Other Definitions .— Section 2101(24) 1 of title 46 and section 40102(a) of this title shall apply to this chapter.
“basic pay” applies in that section
the term “basic pay” includes any applicable locality-based comparability payment under section 5304 of title 5 (or similar provision of law) and any special rate of pay under section 5305 of title 5 (or similar provision of law). (h) Strategic Workforce Plan.— (1) In general .— The Board shall develop a strategic workforce plan that addresses the immediate and long-term workforce needs of the Board with respect to carrying out the authorities and duties of the Board under this chapter.
“aircraft accident” applies in that section
The term “aircraft accident” means any aviation disaster, regardless of its cause or suspected cause, for which the Board is the lead investigative agency. (2) Passenger .—
“passenger” applies in that section
The term “passenger” includes— (A) an employee of an air carrier or foreign air carrier aboard an aircraft; (B) any other person aboard the aircraft without regard to whether the person paid for the transportation, occupied a seat, or held a reservation for the flight; and (C) any other person injured or killed in the aircraft accident, as determined appropriate by the Board. (3) Passenger list .—
“passenger list” applies in that section
The term “passenger list” means a list based on the best available information at the time of a request, of the name of each passenger aboard the aircraft involved in the accident. (i) Statutory Construction .— Nothing in this section may be construed as limiting the actions that an air carrier may take, or the obligations that an air carrier may have, in providing assistance to passengers involved in the aircraft accident and the families of such passengers.
“appropriate congressional committees” applies in that section
the term “appropriate congressional committees” means the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives.
“passenger” applies in that section
The term “passenger” includes— (A) an employee of a rail passenger carrier aboard a train; (B) any other person aboard the train without regard to whether the person paid for the transportation, occupied a seat, or held a reservation for the rail transportation; and (C) any other person injured or killed in a rail passenger accident, as determined appropriate by the Board. (4) Passenger list .—
“passenger list” applies in that section
The term “passenger list” means a list based on the best available information at the time of the request, of the name of each passenger aboard the rail passenger carrier’s train involved in the accident. A rail passenger carrier shall use reasonable efforts, with respect to its unreserved trains, and passengers not holding reservations on its other trains, to ascertain the names of passengers aboard a train involved in an accident.
“rail passenger accident” applies in that section
The term “rail passenger accident” means any rail passenger disaster that— (A) results in any loss of life; (B) the Board will serve as the lead investigative agency for; and (C) occurs in the provision of— (i) interstate intercity rail passenger transportation (as such term is defined in section 24102); or (ii) high-speed rail (as such term is defined in section 26105) transportation, regardless of its cause or suspected cause. (2) Rail passenger carrier .—
“rail passenger carrier” applies in that section
The term “rail passenger carrier” means a rail carrier providing— (A) interstate intercity rail passenger transportation (as such term is defined in section 24102); or (B) interstate or intrastate high-speed rail (as such term is defined in section 26105) transportation, except that such term does not include a tourist, historic, scenic, or excursion rail carrier. (3) Passenger .—
“recorder” applies in that section
The term “recorder” means a voice or video recorder. (B) Still image .—
“still image” applies in that section
The term “still image” means any still image obtained from a video recorder. (C) Transcript .—
“transcript” applies in that section
The term “transcript” includes any written depiction of visual information obtained from a video recorder. (b) Reports .— No part of a report of the Board, related to an accident or an investigation of an accident, may be admitted into evidence or used in a civil action for damages resulting from a matter mentioned in the report.
“alien” applies in that section
the term “alien” has the meaning given the term in section 101(a)(3) of the Immigration and Nationality Act. (g) Background Checks for Drivers Hauling Hazardous Materials.— (1) In general.— (A) Employer notification .— Not later than 90 days after the date of enactment of this subsection, the Director of the Transportation Security Administration, after receiving comments from interested parties, shall develop and implement a process for notifying hazmat employers designated by an applicant of the results of the applicant’s background record check, if— (i) such notification is appropriate considering the potential security implications; and (ii) the Director, in a final notification of …
“commercial motor vehicle” applies in that section
the term “commercial motor vehicle” has the meaning given that term by section 31101.
“portable training” applies in that section
the term “portable training” means live, instructor-led training provided by certified fire service instructors that can be offered in any suitable setting, rather than specific designated facilities. Under this training delivery model, instructors travel to locations convenient to students and utilize local facilities and resources. (8) The Secretary may impose such additional terms and conditions on grants to be made under this subsection as the Secretary determines are necessary to protect the interests of the United States and to carry out the objectives of this subsection.
“out-of-service order” applies in that section
the term “out-of-service order” means a requirement that an aircraft, vessel, motor vehicle, train, railcar, locomotive, other vehicle, transport unit, transport vehicle, freight container, potable tank, or other package not be moved until specified conditions have been met. (e) Regulations.— (1) Temporary regulations .— Not later than 60 days after the date of enactment of the Hazardous Materials Transportation Safety and Security Reauthorization Act of 2005, the Secretary shall issue temporary regulations to carry out subsections (c) and (d). The temporary regulations shall expire on the date of issuance of the regulations under paragraph (2).
“obstructs” applies in that section
the term “obstructs” means actions that were known, or reasonably should have been known, to prevent, hinder, or impede an investigation. (i) Prohibition on Hazardous Material Operations After Nonpayment of Penalties.— (1) In general .— Except as provided under paragraph (2), a person subject to the jurisdiction of the Secretary under this chapter who fails to pay a civil penalty assessed under this chapter, or fails to arrange and abide by an acceptable payment plan for such civil penalty, may not conduct any activity regulated under this chapter beginning on the 91st day after the date specified by order of the Secretary for payment of such penalty unless the person has filed a formal …
“assault on a transit worker” applies throughout its chapter
The term “assault on a transit worker” means a circumstance in which an individual knowingly, without lawful authority or permission, and with intent to endanger the safety of any individual, or with a reckless disregard for the safety of human life, interferes with, disables, or incapacitates a transit worker while the transit worker is performing the duties of the transit worker. (2) Associated transit improvement .—
“associated transit improvement” applies throughout its chapter
The term “associated transit improvement” means, with respect to any project or an area to be served by a project, projects that are designed to enhance public transportation service or use and that are physically or functionally related to transit facilities.
“bus rapid transit system” applies throughout its chapter
The term “bus rapid transit system” means a bus transit system— (A) in which the majority of each line operates in a separated right-of-way dedicated for public transportation use during peak periods; and (B) that includes features that emulate the services provided by rail fixed guideway public transportation systems, including— (i) defined stations; (ii) traffic signal priority for public transportation vehicles; (iii) short headway bidirectional services for a substantial part of weekdays and weekend days; and (iv) any other features the Secretary may determine are necessary to produce high-quality public transportation services that emulate the services provided by rail fixed guideway …
“capital project” applies throughout its chapter
The term “capital project” means a project for— (A) acquiring, constructing, supervising, or inspecting equipment or a facility for use in public transportation, expenses incidental to the acquisition or construction (including designing, engineering, location surveying, mapping, and acquiring rights-of-way), payments for the capital portions of rail trackage rights agreements, transit-related intelligent transportation systems, relocation assistance, acquiring replacement housing sites, and acquiring, constructing, relocating, and rehabilitating replacement housing; (B) rehabilitating a bus; (C) remanufacturing a bus; (D) overhauling rail rolling stock; (E) preventive maintenance; (F) …
“designated recipient” applies throughout its chapter
The term “designated recipient” means— (A) an entity designated, in accordance with the planning process under sections 5303 and 5304, by the Governor of a State, responsible local officials, and publicly owned operators of public transportation, to receive and apportion amounts under section 5336 to urbanized areas of 200,000 or more in population; or (B) a State or regional authority, if the authority is responsible under the laws of a State for a capital project and for financing and directly providing public transportation. (6) Disability .—
“disability” applies throughout its chapter
The term “disability” has the same meaning as in section 3(1) of the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12102 ). (7) Emergency regulation .—
“eligible low-income individual” applies in that section
The term “eligible low-income individual” means an individual whose family income is at or below 150 percent of the poverty line (as that term is defined in section 673(2) of the Community Service Block Grant Act ( 42 U.S.C. 9902(2) ), including any revision required by that section) for a family of the size involved. (ii) Welfare recipient .—
“emergency regulation” applies throughout its chapter
The term “emergency regulation” means a regulation— (A) that is effective temporarily before the expiration of the otherwise specified periods of time for public notice and comment under section 5334(c); and (B) prescribed by the Secretary as the result of a finding that a delay in the effective date of the regulation— (i) would injure seriously an important public interest; (ii) would frustrate substantially legislative policy and intent; or (iii) would damage seriously a person or class without serving an important public interest. (8) Fixed guideway .—
“fixed guideway” applies throughout its chapter
The term “fixed guideway” means a public transportation facility— (A) using and occupying a separate right-of-way for the exclusive use of public transportation; (B) using rail; (C) using a fixed catenary system; (D) for a passenger ferry system; or (E) for a bus rapid transit system. (9) Governor .—
“Governor” applies throughout its chapter
The term “Governor”— (A) means the Governor of a State, the mayor of the District of Columbia, and the chief executive officer of a territory of the United States; and (B) includes the designee of the Governor. (10) Job access and reverse commute project.— (A) In general .—
“job access and reverse commute project” applies throughout its chapter
The term “job access and reverse commute project” means a transportation project to finance planning, capital, and operating costs that support the development and maintenance of transportation services designed to transport welfare recipients and eligible low-income individuals to and from jobs and activities related to their employment, including transportation projects that facilitate the provision of public transportation services from urbanized areas and rural areas to suburban employment locations. (B) Definitions .— In this paragraph: (i) Eligible low-income individual .—
“local governmental authority” applies in that section
The term “local governmental authority” includes— (A) a political subdivision of a State; (B) an authority of at least 1 State or political subdivision of a State; (C) an Indian tribe; and (D) a public corporation, board, or commission established under the laws of a State. (12) Low-income individual .—
“low-income individual” applies in that section
The term “low-income individual” means an individual whose family income is at or below 150 percent of the poverty line, as that term is defined in section 673(2) of the Community Services Block Grant Act ( 42 U.S.C. 9902(2) ), including any revision required by that section, for a family of the size involved. (13) Net project cost .—
“net project cost” applies in that section
The term “net project cost” means the part of a project that reasonably cannot be financed from revenues. (14) New bus model .—
“new bus model” applies in that section
The term “new bus model” means a bus model (including a model using alternative fuel)— (A) that has not been used in public transportation in the United States before the date of production of the model; or (B) used in public transportation in the United States, but being produced with a major change in configuration or components. (15) Public transportation .—
“public transportation” applies in that section
The term “public transportation”— (A) means regular, continuing shared-ride surface transportation services that are open to the general public or open to a segment of the general public defined by age, disability, or low income; and (B) does not include— (i) intercity passenger rail transportation provided by the entity described in chapter 243 (or a successor to such entity); (ii) intercity bus service; (iii) charter bus service; (iv) school bus service; (v) sightseeing service; (vi) courtesy shuttle service for patrons of one or more specific establishments; or (vii) intra-terminal or intra-facility shuttle services. (16) Regulation .—
“regulation” applies in that section
The term “regulation” means any part of a statement of general or particular applicability of the Secretary designed to carry out, interpret, or prescribe law or policy in carrying out this chapter. (17) Rural area .—
“rural area” applies in that section
The term “rural area” means an area encompassing a population of less than 50,000 people that has not been designated in the most recent decennial census as an “urbanized area” by the Secretary of Commerce. (18) Secretary .—
“Secretary” applies in that section
The term “Secretary” means the Secretary of Transportation. (19) Senior .—
“senior” applies in that section
The term “senior” means an individual who is 65 years of age or older. (20) State .—
“State” applies in that section
The term “State” means a State of the United States, the District of Columbia, Puerto Rico, the Northern Mariana Islands, Guam, American Samoa, and the Virgin Islands. (21) State of good repair .—
“state of good repair” applies in that section
The term “state of good repair” has the meaning given that term by the Secretary, by rule, under section 5326(b). (22) Transit .—
“transit” applies in that section
The term “transit” means public transportation. (23) Urban area .—
“urban area” applies in that section
The term “urban area” means an area that includes a municipality or other built-up place that the Secretary, after considering local patterns and trends of urban growth, decides is appropriate for a local public transportation system to serve individuals in the locality. (24) Urbanized area .—
“urbanized area” applies in that section
The term “urbanized area” means an area encompassing a population of not less than 50,000 people that has been defined and designated in the most recent decennial census as an “urbanized area” by the Secretary of Commerce. (25) Value capture .—
“value capture” applies in that section
The term “value capture” means recovering the increased property value to property located near public transportation resulting from investments in public transportation.
“welfare recipient” applies in that section
The term “welfare recipient” means an individual who has received assistance under a State or tribal program funded under part A of title IV of the Social Security Act ( 42 U.S.C. 601 et seq.) at any time during the 3-year period before the date on which the applicant applies for a grant under section 5307 or 5311. (11) Local governmental authority .—
“Bi-State Metropolitan Planning Organization” applies in that section
the term “Bi-State Metropolitan Planning Organization” has the meaning given the term “region” in subsection (a) of Article II of the Lake Tahoe Regional Planning Compact ( Public Law 96–551 ; 94 Stat. 3234 ).
“metropolitan planning area” applies in that section
The term “metropolitan planning area” means the geographic area determined by agreement between the metropolitan planning organization for the area and the Governor under subsection (e). (2) Metropolitan planning organization .—
“metropolitan planning organization” applies in that section
The term “metropolitan planning organization” means the policy board of an organization established as a result of the designation process under subsection (d). (3) Nonmetropolitan area .—
“nonmetropolitan area” applies in that section
The term “nonmetropolitan area” means a geographic area outside designated metropolitan planning areas. (4) Nonmetropolitan local official .—
“nonmetropolitan local official” applies in that section
The term “nonmetropolitan local official” means elected and appointed officials of general purpose local government in a nonmetropolitan area with responsibility for transportation. (5) Regional transportation planning organization .—
“regional transportation planning organization” applies in that section
The term “regional transportation planning organization” means a policy board of an organization established as the result of a designation under section 5304( l ). (6) TIP.—
“TIP” applies in that section
The term “TIP” means a transportation improvement program developed by a metropolitan planning organization under subsection (j). (7) Urbanized area .—
“urbanized area” applies in that section
The term “urbanized area” means a geographic area with a population of 50,000 or more, as determined by the Bureau of the Census. (c) General Requirements.— (1) Development of long-range plans and tips .— To accomplish the objectives in subsection (a), metropolitan planning organizations designated under subsection (d), in cooperation with the State and public transportation operators, shall develop long-range transportation plans and transportation improvement programs through a performance-driven, outcome-based approach to planning for metropolitan areas of the State.
“State” applies in that section
the term “State” means a State of the United States, the District of Columbia, and Puerto Rico. (b) General Authority.— (1) Grants and agreements .— Under criteria established by the Secretary, the Secretary may award grants to States, authorities of the States, metropolitan planning organizations, and local governmental authorities, and make agreements with other departments, agencies, or instrumentalities of the Government to— (A) develop transportation plans and programs; (B) plan, engineer, design, and evaluate a public transportation project; and (C) conduct technical studies relating to public transportation.
“applicant” applies in that section
The term “applicant” means a State or local governmental authority that applies for a grant under this section. (2) Core capacity improvement project .—
“core capacity improvement project” applies in that section
The term “core capacity improvement project” means a substantial corridor-based capital investment in an existing fixed guideway system that increases the capacity of a corridor by not less than 10 percent. The term does not include project elements designed to maintain a state of good repair of the existing fixed guideway system. (3) Corridor-based bus rapid transit project .—
“corridor-based bus rapid transit project” applies in that section
The term “corridor-based bus rapid transit project” means a small start project utilizing buses in which the project represents a substantial investment in a defined corridor as demonstrated by features that emulate the services provided by rail fixed guideway public transportation systems, including defined stations; traffic signal priority for public transportation vehicles; short headway bidirectional services for a substantial part of weekdays; and any other features the Secretary may determine support a long-term corridor investment, but the majority of which does not operate in a separated right-of-way dedicated for public transportation use during peak periods.
“fixed guideway bus rapid transit project” applies in that section
The term “fixed guideway bus rapid transit project” means a bus capital project— (A) in which the majority of the project operates in a separated right-of-way dedicated for public transportation use during peak periods; (B) that represents a substantial investment in a single route in a defined corridor or subarea; and (C) that includes features that emulate the services provided by rail fixed guideway public transportation systems, including— (i) defined stations; (ii) traffic signal priority for public transportation vehicles; (iii) short headway bidirectional services for a substantial part of weekdays and weekend days; and (iv) any other features the Secretary may determine are …
“future bundling request” applies in that section
the term “future bundling request” means a letter described in subparagraph (B) that requests future funding for additional projects. (B) Request .— When an applicant submits a letter to the Secretary requesting entry of a project into the project development phase under subsection (d)(1)(A)(i)(I), (e)(1)(A)(i)(I), or (h)(2)(A)(i)(I), the applicant may include a description of other projects for consideration for future funding under this section. An applicant shall include in the request the amount of funding requested under this section for each additional project and the estimated capital cost of each project.
“immediate bundling request” applies in that section
the term “immediate bundling request” means a letter described in subparagraph (B) that requests immediate funding for multiple projects. (B) Request .— An applicant may submit a letter to the Secretary requesting entry of multiple projects into the project development phase under subsection (d)(1)(A)(i)(I), (e)(1)(A)(i)(I), or (h)(2)(A)(i)(I), for consideration for funding under this section. An applicant shall include in the request the amount of funding requested under this section for each additional project and the estimated capital cost of each project.
“new fixed guideway capital project” applies in that section
The term “new fixed guideway capital project” means— (A) a new fixed guideway project that is a minimum operable segment or extension to an existing fixed guideway system; or (B) a fixed guideway bus rapid transit project that is a minimum operable segment or an extension to an existing bus rapid transit system. (6) Small start project .—
“small start project” applies in that section
The term “small start project” means a new fixed guideway capital project or corridor-based bus rapid transit project for which— (A) the Federal assistance provided or to be provided under this section is less than $150,000,000; and (B) the total estimated net capital cost is less than $400,000,000.
“recipient” applies in that section
The term “recipient” means— (A) a designated recipient or a State that receives a grant under this section directly; or (B) a State or local governmental entity that operates a public transportation service. (2) Subrecipient .—
“subrecipient” applies in that section
The term “subrecipient” means a State or local governmental authority, a private nonprofit organization, or an operator of public transportation that receives a grant under this section indirectly through a recipient. (b) General Authority.— (1) Grants .— The Secretary may make grants under this section to recipients for— (A) public transportation projects planned, designed, and carried out to meet the special needs of seniors and individuals with disabilities when public transportation is insufficient, inappropriate, or unavailable; (B) public transportation projects that exceed the requirements of the Americans with Disabilities Act of 1990 ( 42 U.S.C.
“Appalachian region” applies in that section
the term “Appalachian region” has the same meaning as in section 14102 of title 40 ; and;
“eligible recipient” applies in that section
the term “eligible recipient” means a State that participates in a program established under subtitle IV of title 40. (B) In general .— The Secretary shall carry out a public transportation assistance program in the Appalachian region. (C) Apportionment .— Of amounts made available or appropriated for each fiscal year under section 5338(a)(2)(F) to carry out this paragraph, the Secretary shall apportion funds to eligible recipients for any purpose eligible under this section, based on the guidelines established under section 9.5(b) of the Appalachian Regional Commission Code.
“low-income individual” applies in that section
the term “low-income individual” means an individual whose family income is at or below 100 percent of the poverty line, as that term is defined in section 673(2) of the Community Services Block Grant Act ( 42 U.S.C. 9902(2) ), including any revision required by that section, for a family of the size involved.
“recipient” applies in that section
The term “recipient” means a State or Indian tribe that receives a Federal transit program grant directly from the Government. (2) Subrecipient .—
“subrecipient” applies in that section
The term “subrecipient” means a State or local governmental authority, a nonprofit organization, or an operator of public transportation or intercity bus service that receives Federal transit program grant funds indirectly through a recipient.
“covered institution of higher education” applies in that section
the term “covered institution of higher education” means an institution of higher education with which the Secretary enters into a contract or cooperative agreement, or to which the Secretary makes a grant, under paragraph (2)(B) to operate a facility selected under paragraph (2)(A);
“direct carbon emissions” applies in that section
the term “direct carbon emissions” means the quantity of direct greenhouse gas emissions from a vehicle, as determined by the Administrator of the Environmental Protection Agency;
“institution of higher education” applies in that section
the term “institution of higher education” has the meaning given the term in section 102 of the Higher Education Act of 1965 ( 20 U.S.C. 1002 ); and;
“low or no emission vehicle” applies in that section
the term “low or no emission vehicle” means— (i) a passenger vehicle used to provide public transportation that the Secretary determines sufficiently reduces energy consumption or harmful emissions, including direct carbon emissions, when compared to a comparable standard vehicle; or (ii) a zero emission vehicle used to provide public transportation; and;
“low or no emission vehicle component” applies in that section
the term “low or no emission vehicle component” means an item that is separately installed in and removable from a low or no emission vehicle. (2) Assessing low or no emission vehicle components.— (A) In general .— The Secretary shall competitively select at least 1 facility— (i) to conduct testing, evaluation, and analysis of low or no emission vehicle components intended for use in low or no emission vehicles; and (ii) to conduct directed technology research.
“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. (f) Annual Report on Research.— (1) In general .— Not later than the first Monday in February of each year, the Secretary shall make available to the public on the Web site of the Department of Transportation, a report that includes— (A) a description of each project that received assistance under this section during the preceding fiscal year; (B) an evaluation of each project described in paragraph (1), including any evaluation conducted under subsection (e)(4) for the preceding fiscal year; and (C) a strategic research roadmap proposal for allocations of amounts for …
“commuter highway vehicle or vanpool vehicle” applies in that section
The term “commuter highway vehicle or vanpool vehicle” means any vehicle— (I) the seating capacity of which is at least 6 adults (not including the driver); and (II) at least 80 percent of the mileage use of which can be reasonably expected to be for the purposes of transporting commuters in connection with travel between their residences and their place of employment. (j) Buy America.— (1) In general .— The Secretary may obligate an amount that may be appropriated to carry out this chapter for a project only if the steel, iron, and manufactured goods used in the project are produced in the United States.
“private provider of public transportation by vanpool” applies in that section
The term “private provider of public transportation by vanpool” means a private entity providing vanpool services in the service area of a recipient of assistance under this chapter using a commuter highway vehicle or vanpool vehicle. (ii) Commuter highway vehicle; vanpool vehicle .—
“small purchase” applies in that section
the term “small purchase” means a purchase of not more than $150,000. (k) Participation of Governmental Agencies in Design and Delivery of Transportation Services .— Governmental agencies and nonprofit organizations that receive assistance from Government sources (other than the Department of Transportation) for nonemergency transportation services shall— (1) participate and coordinate with recipients of assistance under this chapter in the design and delivery of transportation services; and (2) be included in the planning for those services.
“eligible operating costs” applies in that section
The term “eligible operating costs” means costs relating to— (A) evacuation services; (B) rescue operations; (C) temporary public transportation service; or (D) reestablishing, expanding, or relocating public transportation route service before, during, or after an emergency. (2) Emergency .—
“emergency” applies in that section
The term “emergency” means a natural disaster affecting a wide area (such as a flood, hurricane, tidal wave, earthquake, severe storm, or landslide) or a catastrophic failure from any external cause, as a result of which— (A) the Governor of a State has declared an emergency and the Secretary has concurred; or (B) the President has declared a major disaster under section 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5170 ).
“design-build project” applies in that section
the term “design-build project”— (A) means a project under which a recipient enters into a contract with a seller, firm, or consortium of firms to design and build a public transportation system, or an operable segment of such system, that meets specific performance criteria; and (B) may include an option to finance, or operate for a period of time, the system or segment or any combination of designing, building, operating, or maintaining such system or segment. (2) Financial assistance for capital costs .— Federal financial assistance under this chapter may be provided for the capital costs of a design-build project after the recipient complies with Government requirements.
“capital asset” applies in that section
The term “capital asset” includes equipment, rolling stock, infrastructure, and facilities for use in public transportation and owned or leased by a recipient or subrecipient of Federal financial assistance under this chapter. (2) Transit asset management plan .—
“transit asset management plan” applies in that section
The term “transit asset management plan” means a plan developed by a recipient of funding under this chapter that— (A) includes, at a minimum, capital asset inventories and condition assessments, decision support tools, and investment prioritization; and (B) the recipient certifies complies with the rule issued under this section. (3) Transit asset management system .—
“transit asset management system” applies in that section
The term “transit asset management system” means a strategic and systematic process of operating, maintaining, and improving public transportation capital assets effectively throughout the life cycle of such assets.
“eligible State” applies in that section
the term “eligible State” means a State that has— (A) a rail fixed guideway public transportation system within the jurisdiction of the State that is not subject to regulation by the Federal Railroad Administration; or (B) a rail fixed guideway public transportation system in the engineering or construction phase of development within the jurisdiction of the State that will not be subject to regulation by the Federal Railroad Administration.
“recipient” applies in that section
the term “recipient” means a State or local governmental authority, or any other operator of a public transportation system, that receives financial assistance under this chapter. (b) National Public Transportation Safety Plan.— (1) In general .— The Secretary shall create and implement a national public transportation safety plan to improve the safety of all public transportation systems that receive funding under this chapter.
“binding obligation” applies in that section
the term “binding obligation” means a substantive policy statement, rule, or guidance document issued by the Federal Transit Administration that grants rights, imposes obligations, produces significant effects on private interests, or effects a significant change in existing policy.
“eligible area” applies in that section
The term “eligible area” means an urbanized area with a population of less than 200,000 that meets or exceeds in one or more performance categories the industry average for all urbanized areas with a population of at least 200,000 but not more than 999,999, as determined by the Secretary in accordance with subsection (c)(2). (B) Performance category .—
“performance category” applies in that section
The term “performance category” means each of the following: (i) Passenger miles traveled per vehicle revenue mile. (ii) Passenger miles traveled per vehicle revenue hour. (iii) Vehicle revenue miles per capita. (iv) Vehicle revenue hours per capita. (v) Passenger miles traveled per capita. (vi) Passengers per capita.
“fixed guideway” applies in that section
The term “fixed guideway” means a public transportation facility— (A) using and occupying a separate right-of-way for the exclusive use of public transportation; (B) using rail; (C) using a fixed catenary system; (D) for a passenger ferry system; or (E) for a bus rapid transit system. (2) State .—
“high intensity motorbus” applies in that section
the term “high intensity motorbus” means public transportation that is provided on a facility with access for other high-occupancy vehicles. (2) Apportionment .— Of the amount authorized or made available under section 5338(a)(2)(K), 1 2.85 percent shall be apportioned to urbanized areas for high intensity motorbus vehicle state of good repair in accordance with this subsection. (3) Vehicle revenue miles and directional route miles.— (A) In general .— The amount described in paragraph (2) shall be apportioned to each area in accordance with this paragraph.
“recipient” applies in that section
the term “recipient” means an entity that received funding under this section, as in effect for fiscal year 2011. (3) Vehicle revenue miles and directional route miles.— (A) In general .— 50 percent of the amount described in paragraph (1) shall be apportioned to recipients in accordance with this paragraph.
“State” applies in that section
The term “State” means the 50 States, the District of Columbia, and Puerto Rico. (3) State of good repair .—
“state of good repair” applies in that section
The term “state of good repair” has the meaning given that term by the Secretary, by rule, under section 5326(b). (4) Transit asset management plan .—
“transit asset management plan” applies in that section
The term “transit asset management plan” means a plan developed by a recipient of funding under this chapter that— (A) includes, at a minimum, capital asset inventories and condition assessments, decision support tools, and investment prioritization; and (B) the recipient certifies that the recipient complies with the rule issued under section 5326(d).
“direct carbon emissions” applies in that section
the term “direct carbon emissions” means the quantity of direct greenhouse gas emissions from a vehicle, as determined by the Administrator of the Environmental Protection Agency;
“eligible project” applies in that section
the term “eligible project” means a project or program of projects in an eligible area for— (i) acquiring low or no emission vehicles; (ii) leasing low or no emission vehicles; (iii) acquiring low or no emission vehicles with a leased power source; (iv) constructing facilities and related equipment for low or no emission vehicles; (v) leasing facilities and related equipment for low or no emission vehicles; (vi) constructing new public transportation facilities to accommodate low or no emission vehicles; or (vii) rehabilitating or improving existing public transportation facilities to accommodate low or no emission vehicles;
“leased power source” applies in that section
the term “leased power source” means a removable power source, as defined in subsection (c)(3) of section 3019 of the Federal Public Transportation Act of 2015 that is made available through a capital lease under such section;
“low or no emission bus” applies in that section
the term “low or no emission bus” means a bus that is a low or no emission vehicle;
“low or no emission vehicle” applies in that section
the term “low or no emission vehicle” has the meaning given that term in subsection (c)(1);
“recipient” applies in that section
the term “recipient” means a designated recipient, a local governmental authority, or a State that receives a grant under this subsection for an eligible project; and;
“State” applies in that section
the term “State” means a State of the United States; and;
“territory” applies in that section
the term “territory” means the District of Columbia, Puerto Rico, the Northern Mariana Islands, Guam, American Samoa, and the United States Virgin Islands. (2) General authority .— The Secretary may make grants under this subsection to assist eligible recipients described in paragraph (4)(A) in financing capital projects— (A) to replace, rehabilitate, and purchase buses and related equipment, including technological changes or innovations to modify low or no emission vehicles or facilities; and (B) to construct bus-related facilities.