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U.S. Code as of:
01/19/04
Section 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
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(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
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(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).
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