§ 5302. — Definitions.
[Laws in effect as of January 7, 2003]
[Document not affected by Public Laws enacted between
January 7, 2003 and December 19, 2003]
[CITE: 49USC5302]
TITLE 49--TRANSPORTATION
SUBTITLE III--GENERAL AND INTERMODAL PROGRAMS
CHAPTER 53--MASS TRANSPORTATION
Sec. 5302. Definitions
(a) In General.--In this chapter, the following definitions apply:
(1) Capital project.--The term ``capital project'' means a
project for--
(A) acquiring, constructing, supervising, or inspecting
equipment or a facility for use in mass transportation, expenses
incidental to the acquisition or construction (including
designing, engineering, location surveying, mapping, and
acquiring rights-of-way), payments for the capital portions of
rail trackage rights agreements, transit-related intelligent
transportation systems, relocation assistance, acquiring
replacement housing sites, and acquiring, constructing,
relocating, and rehabilitating replacement housing;
(B) rehabilitating a bus;
(C) remanufacturing a bus;
(D) overhauling rail rolling stock;
(E) preventive maintenance;
(F) leasing equipment or a facility for use in mass
transportation, subject to regulations that the Secretary
prescribes limiting the leasing arrangements to those that are
more cost-effective than purchase or construction;
(G) a mass transportation improvement that enhances economic
development or incorporates private investment, including
commercial and residential development, pedestrian and bicycle
access to a mass transportation facility, and the renovation and
improvement of historic transportation facilities, because the
improvement enhances the effectiveness of a mass transportation
project and is related physically or functionally to that mass
transportation project, or establishes new or enhanced
coordination between mass transportation and other
transportation, and provides a fair share of revenue for mass
transportation that will be used for mass transportation--
(i) including property acquisition, demolition of
existing structures, site preparation, utilities, building
foundations, walkways, open space, safety and security
equipment and facilities (including lighting, surveillance
and related intelligent transportation system applications),
facilities that incorporate community services such as
daycare or health care, and a capital project for, and
improving, equipment or a facility for an intermodal
transfer facility or transportation mall, except that a
person making an agreement to occupy space in a facility
under this subparagraph shall pay a reasonable share of the
costs of the facility through rental payments and other
means; and
(ii) excluding construction of a commercial revenue-
producing facility or a part of a public facility not
related to mass transportation;
(H) the introduction of new technology, through innovative
and improved products, into mass transportation; or
(I) the provision of nonfixed route paratransit
transportation services in accordance with section 223 of the
Americans with Disabilities Act of 1990 (42 U.S.C. 12143), but
only for grant recipients that are in compliance with applicable
requirements of that Act, including both fixed route and demand
responsive service, and only for amounts not to exceed 10
percent of such recipient's annual formula apportionment under
sections 5307 and 5311.
(2) Chief executive officer of a state.--The term ``chief
executive officer of a State'' includes the designee of the chief
executive officer.
(3) Emergency regulation.--The term ``emergency regulation''
means a regulation--
(A) that is effective temporarily before the expiration of
the otherwise specified periods of time for public notice and
comment under section 5334(b); and
(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.
(4) Fixed guideway.--The term ``fixed guideway'' means a mass
transportation facility--
(A) using and occupying a separate right-of-way or rail for
the exclusive use of mass transportation and other high
occupancy vehicles; or
(B) using a fixed catenary system and a right-of-way usable
by other forms of transportation.
(5) Handicapped individual.--The term ``handicapped individual''
means an individual who, because of illness, injury, age, congenital
malfunction, or other incapacity or temporary or permanent
disability (including an individual who is a wheelchair user or has
semiambulatory capability), cannot use effectively, without special
facilities, planning, or design, mass transportation service or a
mass transportation facility.
(6) Local governmental authority.--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.
(7) Mass transportation.--The term ``mass transportation'' means
transportation by a conveyance that provides regular and continuing
general or special transportation to the public, but does not
include school bus, charter, or sightseeing transportation.
(8) Net project cost.--The term ``net project cost'' means the
part of a project that reasonably cannot be financed from revenues.
(9) New bus model.--The term ``new bus model'' means a bus model
(including a model using alternative fuel)--
(A) that has not been used in mass transportation in the
United States before the date of production of the model; or
(B) used in mass transportation in the United States, but
being produced with a major change in configuration or
components.
(10) Public transportation.--The term ``public transportation''
means mass transportation.
(11) Regulation.--The term ``regulation'' means any part of a
statement of general or particular applicability of the Secretary
designed to carry out, interpret, or prescribe law or policy in
carrying out this chapter.
(12) Secretary.--The term ``Secretary'' means the Secretary of
Transportation.
(13) State.--The term ``State'' means a State of the United
States, the District of Columbia, Puerto Rico, the Northern Mariana
Islands, Guam, American Samoa, and the Virgin Islands.
(14) Transit.--The term ``transit'' means mass transportation.
(15) Transit enhancement.--The term ``transit enhancement''
means, with respect to any project or an area to be served by a
project, projects that are designed to enhance mass transportation
service or use and that are physically or functionally related to
transit facilities. Eligible projects are--
(A) historic preservation, rehabilitation, and operation of
historic mass transportation buildings, structures, and
facilities (including historic bus and railroad facilities);
(B) bus shelters;
(C) landscaping and other scenic beautification, including
tables, benches, trash receptacles, and street lights;
(D) public art;
(E) pedestrian access and walkways;
(F) bicycle access, including bicycle storage facilities and
installing equipment for transporting bicycles on mass
transportation vehicles;
(G) transit connections to parks within the recipient's
transit service area;
(H) signage; and
(I) enhanced access for persons with disabilities to mass
transportation.
(16) Urban area.--The term ``urban area'' means an area that
includes a municipality or other built-up place that the Secretary,
after considering local patterns and trends of urban growth, decides
is appropriate for a local mass transportation system to serve
individuals in the locality.
(17) Urbanized area.--The term ``urbanized area'' means an
area--
(A) encompassing at least an urbanized area within a State
that the Secretary of Commerce designates; and
(B) designated as an urbanized area within boundaries fixed
by State and local officials and approved by the Secretary.
(b) Authority To Modify ``Handicapped Individual''.--The Secretary
may by regulation modify the definition of the term ``handicapped
individual'' in subsection (a)(5) as it applies to section
5307(d)(1)(D).
(Pub. L. 103-272, Sec. 1(d), July 5, 1994, 108 Stat. 786; Pub. L. 103-
331, title III, Sec. 335A, Sept. 30, 1994, 108 Stat. 2495; Pub. L. 104-
50, title III, Sec. 333(a), Nov. 15, 1995, 109 Stat. 457; Pub. L. 104-
287, Sec. 6(c), Oct. 11, 1996, 110 Stat. 3398; Pub. L. 105-102,
Sec. 3(a), Nov. 20, 1997, 111 Stat. 2214; Pub. L. 105-178, title III,
Sec. 3003, June 9, 1998, 112 Stat. 338; Pub. L. 105-206, title IX,
Sec. 9009(a), July 22, 1998, 112 Stat. 852.)
Historical and Revision Notes
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Revised Section Source (U.S. Code) Source (Statutes at Large)
----------------------------------------------------------------------------------------------------------------
5302(a)(1)............................ 49 App.:1608(c)(1). July 9, 1964, Pub. L. 88-365, Sec.
12(c)(1), 78 Stat. 306; Aug. 10, 1965,
Pub. L. 89-117, Sec. 1109, 79 Stat.
507; Sept. 8, 1966, Pub. L. 89-562,
Sec. 2(a)(1), 80 Stat. 715; May 25,
1967, Pub. L. 90-19, Sec. 20, 81
Stat. 25; Aug. 1, 1968, Pub. L. 90-
448, Sec. 702, 82 Stat. 535; restated
Nov. 6, 1978, Pub. L. 95-599, Sec.
308(b), 92 Stat. 2746; Jan. 6, 1983,
Pub. L. 97-424, Sec. 309(a), 96 Stat.
2151; Apr. 2, 1987, Pub. L. 100-17,
Sec. 309(a), 101 Stat. 227.
49 App.:1608(c)(7), (8). July 9, 1964, Pub. L. 88-365, Sec.
12(c)(3)-(9), 78 Stat. 306; Aug. 10,
1965, Pub. L. 89-117, Sec. 1109, 79
Stat. 507; Sept. 8, 1966, Pub. L. 89-
562, Sec. 2(a)(1), 80 Stat. 715; May
25, 1967, Pub. L. 90-19, Sec. 20, 81
Stat. 25; Aug. 1, 1968, Pub. L. 90-
448, Sec. 702, 82 Stat. 535; restated
Nov. 6, 1978, Pub. L. 95-599, Sec.
308(b), 92 Stat. 2746; Dec. 18, 1991,
Pub. L. 102-240, Sec. 3016, 105 Stat.
2108.
5302(a)(2)............................ 49 App.:1608(c)(3).
5302(a)(3)............................ 49 App.:1608(c)(13). July 9, 1965, Pub. L. 88-365, 78 Stat.
302, Sec. 12(c)(12), (13); added Apr.
2, 1987, Pub. L. 100-17, Sec.
318(b)(3), 101 Stat. 234.
5302(a)(4)............................ 49 App.:1608(c)(2). July 9, 1964, Pub. L. 88-365, Sec.
12(c)(2), 78 Stat. 306; Aug. 10, 1965,
Pub. L. 89-117, Sec. 1109, 79 Stat.
507; Sept. 8, 1966, Pub. L. 89-562,
Sec. 2(a)(1), 80 Stat. 715; May 25,
1967, Pub. L. 90-19, Sec. 20, 81
Stat. 25; Aug. 1, 1968, Pub. L. 90-
448, Sec. 702, 82 Stat. 535; restated
Nov. 6, 1978, Pub. L. 95-599, Sec.
308(b), 92 Stat. 2746; Jan. 6, 1983,
Pub. L. 97-424, Sec. 309(b), 96 Stat.
2151.
5302(a)(5)............................ 49 App.:1608(c)(4) (1st
sentence).
5302(a)(6)............................ 49 App.:1608(c)(5).
5302(a)(7)............................ 49 App.:1608(c)(6).
5302(a)(8)............................ (no source).
5302(a)(9)............................ 49 App.:1608(h)(2). July 9, 1964, Pub. L. 88-365, 78 Stat.
302, Sec. 12(h)(2); added Apr. 2,
1987, Pub. L. 100-17, Sec. 317(a),
101 Stat. 233; Dec. 18, 1991, Pub. L.
102-240, Sec. 6021(a), 105 Stat.
2184.
49 App.:1608 (note). Apr. 2, 1988, Pub. L. 100-17, Sec.
317(b)(4), 101 Stat. 233.
5302(a)(10)........................... 49 App.:1608(c)(12).
5302(a)(11)........................... 49 App.:1608(c)(9).
5302(a)(12)........................... 49 App.:1608(c)(10). July 9, 1964, Pub. L. 88-365, Sec.
12(c)(10), (11), 78 Stat. 306; Aug.
10, 1965, Pub. L. 89-117, Sec. 1109,
79 Stat. 507; Sept. 8, 1966, Pub. L.
89-562, Sec. 2(a)(1), 80 Stat. 715;
May 25, 1967, Pub. L. 90-19, Sec. 20,
81 Stat. 25; Aug. 1, 1968, Pub. L. 90-
448, Sec. 702, 82 Stat. 535; restated
Nov. 6, 1978, Pub. L. 95-599, Sec.
308(b), 92 Stat. 2746; Apr. 2, 1987,
Pub. L. 100-17, Sec. 318(b)(1), (2),
101 Stat. 234.
5302(a)(13)........................... 49 App.:1608(c)(11).
5302(b)............................... 49 App.:1608(c)(4) (last
sentence).
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In this chapter, the words ``local governmental authority'' are
substituted for ``local public body'' for consistency in the revised
title and with other titles of the United States Code.
In subsection (a), before clause (1), the text of 49 App.:1608(c)(7)
is omitted as surplus. The text of 49 App.:1608(c)(8) is omitted because
the complete title of the Secretary of Transportation is used the first
time the term appears in a section. In clause (1), before subclause (A),
the words ``capital project'' are substituted for ``construction'' for
clarity. In subclause (A), the words ``actual'', ``all'', and
``reconstruction'' are omitted as surplus. In subclause (D), the words
``(whether or not such overhaul increases the useful life of the rolling
stock)'' are omitted as surplus. In clause (2), the words ``for each of
the jurisdictions included in the definition of `State' '' are omitted
as surplus. In clauses (3) and (10), the word ``regulation'' is
substituted for ``rule'' for consistency in the revised title and with
other titles of the Code and because the terms are synonymous. In clause
(3)(B)(iii), the words ``of persons'' are omitted as surplus. In clauses
(4) and (5), the word ``mass'' is substituted for ``public'' because of
the restatement. In clause (4)(A), the words ``including, but not
limited to, fixed rail, automated guideway transit, and exclusive
facilities for buses'' are omitted as surplus. In clause (6)(A), the
words ``municipalities and other'' are omitted as surplus. In clause
(6)(B), the word ``authority'' is substituted for ``public agencies and
instrumentalities'' for consistency in the revised title and with other
titles of the Code. The word ``municipalities'' is omitted as surplus.
In clause (7), the words ``bus, or rail, or other'', ``either publicly
or privately owned'', and ``on a . . . basis'' are omitted as surplus.
Clause (8) is added for clarity because the term ``net project cost''
has the same meaning throughout this chapter. In clause (11), the words
``the Commonwealths of'' are omitted as surplus. In clause (12), the
word ``individuals'' is substituted for ``commuters or others'' to
eliminate unnecessary words. In clause (13)(A), the words ``in the case
of any such area'' and ``entire'' are omitted as surplus. The words
``Secretary of Commerce'' are substituted for ``Bureau of the Census''
because of 15:1511(e). In clause (13)(B), the words ``so designated by
the Bureau of Census'', ``which shall be'', ``responsible'', and ``in
cooperation with each other'' are omitted as surplus.
Subsection (b) applies to section 5307(d)(1)(D) of the revised title
because of 49 App.:1607a(e)(1), restated as section 5307(n)(2) of the
revised title.
References in Text
The Americans with Disabilities Act of 1990, referred to in subsec.
(a)(1)(I), is Pub. L. 101-336, July 26, 1990, 104 Stat. 327, as amended,
which is classified principally to chapter 126 (Sec. 12101 et seq.) of
Title 42, The Public Health and Welfare. For complete classification of
this Act to the Code, see Short Title note set out under section 12101
of Title 42 and Tables.
Amendments
1998--Pub. L. 105-178, Sec. 3003(a), formerly Sec. 3003, as
renumbered by Pub. L. 105-206, Sec. 9009(a)(1), amended section
generally, revising and restating existing definitions and adding new
pars. defining additional terms.
Subsec. (a)(1)(G)(i). Pub. L. 105-178, Sec. 3003(b), as added by
Pub. L. 105-206, Sec. 9009(a)(2), substituted ``daycare or'' for
``daycare and''.
1997--Subsec. (a)(1)(B), (C). Pub. L. 105-102 made technical
correction to directory language of Pub. L. 104-50, Sec. 333(a). See
1995 Amendment notes below.
1996--Subsec. (a)(1). Pub. L. 104-287 made technical correction to
directory language of Pub. L. 103-331, Sec. 335A. See 1994 Amendment
note below.
1995--Subsec. (a)(1)(B). Pub. L. 104-50, Sec. 333(a)(1), as amended
by Pub. L. 105-102, Sec. 3(a)(1), struck out ``that extends the economic
life of a bus for at least 5 years'' after ``rehabilitating a bus''.
Subsec. (a)(1)(C). Pub. L. 104-50, Sec. 333(a)(2), as amended by
Pub. L. 105-102, Sec. 3(a)(2), struck out ``that extends the economic
life of a bus for at least 8 years'' after ``remanufacturing a bus''.
1994--Subsec. (a)(1). Pub. L. 103-331, Sec. 335A, as amended by Pub.
L. 104-287, inserted ``payments for the capital portions of rail
trackage rights agreements,'' after ``rights of way),''.
Effective Date of 1998 Amendment
Title IX of Pub. L. 105-206 effective simultaneously with enactment
of Pub. L. 105-178 and to be treated as included in Pub. L. 105-178 at
time of enactment, and provisions of Pub. L. 105-178, as in effect on
day before July 22, 1998, that are amended by title IX of Pub. L. 105-
206 to be treated as not enacted, see section 9016 of Pub. L. 105-206,
set out as a note under section 101 of Title 23, Highways.
Effective Date of 1997 Amendment
Pub. L. 105-102, Sec. 3(a), Nov. 20, 1997, 111 Stat. 2214, provided
that the amendment made by section 3(a) is effective Nov. 15, 1995.
Amendment by Pub. L. 105-102 effective as if included in the
provisions of the Act to which the amendment relates, see section 3(f)
of Pub. L. 105-102, set out as a note under section 106 of this title.
Effective Date of 1996 Amendment
Section 6(c) of Pub. L. 104-287 provided that the amendment made by
that section is effective Sept. 30, 1994.
Effective Date of 1995 Amendment
Section 333(b) of Pub. L. 104-50 provided that: ``The amendments
made by this section [amending this section] shall not take effect
before March 31, 1996.''
Section Referred to in Other Sections
This section is referred to in sections 5307, 5336, 10501 of this
title; title 18 section 1993.
