Except as otherwise specifically provided, in this chapter the following definitions apply:
(1)
(A) historic preservation, rehabilitation, and operation of historic public transportation buildings, structures, and facilities (including historic bus and railroad facilities) intended for use in public transportation service;
(B) bus shelters;
(C) landscaping and streetscaping, including benches, trash receptacles, and street lights;
(D) pedestrian access and walkways;
(E) bicycle access, including bicycle storage facilities and installing equipment for transporting bicycles on public transportation vehicles;
(F) signage; or
(G) enhanced access for persons with disabilities to public transportation.
(2)
(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 public transportation systems.
(3)
(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) leasing equipment or a facility for use in public 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 joint development improvement that—
(i) enhances economic development or incorporates private investment, such as commercial and residential development;
(ii)(I) enhances the effectiveness of public transportation and is related physically or functionally to public transportation; or
(II) establishes new or enhanced coordination between public transportation and other transportation;
(iii) provides a fair share of revenue that will be used for public transportation;
(iv) provides that a person making an agreement to occupy space in a facility constructed under this paragraph shall pay a fair share of the costs of the facility through rental payments and other means;
(v) may include—
(I) property acquisition;
(II) demolition of existing structures;
(III) site preparation;
(IV) utilities;
(V) building foundations;
(VI) walkways;
(VII) pedestrian and bicycle access to a public transportation facility;
(VIII) construction, renovation, and improvement of intercity bus and intercity rail stations and terminals;
(IX) renovation and improvement of historic transportation facilities;
(X) open space;
(XI) safety and security equipment and facilities (including lighting, surveillance, and related intelligent transportation system applications);
(XII) facilities that incorporate community services such as daycare or health care;
(XIII) a capital project for, and improving, equipment or a facility for an intermodal transfer facility or transportation mall; and
(XIV) construction of space for commercial uses; and
(vi) does not include outfitting of commercial space (other than an intercity bus or rail station or terminal) or a part of a public facility not related to public transportation;
(H) the introduction of new technology, through innovative and improved products, into public transportation;
(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;
(J) establishing a debt service reserve, made up of deposits with a bondholder's trustee, to ensure the timely payment of principal and interest on bonds issued by a grant recipient to finance an eligible project under this chapter;
(K) mobility management—
(i) consisting of short-range planning and management activities and projects for improving coordination among public transportation and other transportation service providers carried out by a recipient or subrecipient through an agreement entered into with a person, including a governmental entity, under this chapter (other than section 5309); but
(ii) excluding operating public transportation services; or
(L) associated capital maintenance, including—
(i) equipment, tires, tubes, and material, each costing at least .5 percent of the current fair market value of rolling stock comparable to the rolling stock for which the equipment, tires, tubes, and material are to be used; and
(ii) reconstruction of equipment and material, each of which after reconstruction will have a fair market value of at least .5 percent of the current fair market value of rolling stock comparable to the rolling stock for which the equipment and material will be used.
(4)
(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.
(5)
(6)
(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.
(7)
(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.
(8)
(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.
(9)
(A)
(B)
(i)
(ii)
(10)
(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.
(11)
(12)
(13)
(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.
(14)
(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.
(15)
(16)
(17)
(18)
(19)
(20)
(21)
(22)
(23)
(Pub. L. 103–272, §1(d), July 5, 1994, 108 Stat. 786; Pub. L. 103–331, title III, §335A, Sept. 30, 1994, 108 Stat. 2495; Pub. L. 104–50, title III, §333(a), Nov. 15, 1995, 109 Stat. 457; Pub. L. 104–287, §6(c), Oct. 11, 1996, 110 Stat. 3398; Pub. L. 105–102, §3(a), Nov. 20, 1997, 111 Stat. 2214; Pub. L. 105–178, title III, §3003, June 9, 1998, 112 Stat. 338; Pub. L. 105–206, title IX, §9009(a), July 22, 1998, 112 Stat. 852; Pub. L. 109–59, title III, §§3002(b)(4), 3004, Aug. 10, 2005, 119 Stat. 1545; Pub. L. 110–244, title II, §201(a), June 6, 2008, 122 Stat. 1609; Pub. L. 112–141, div. B, §20004, July 6, 2012, 126 Stat. 623.)
| 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, §12(c)(1), 78 Stat. 306; Aug. 10, 1965, Pub. L. 89–117, §1109, 79 Stat. 507; Sept. 8, 1966, Pub. L. 89–562, §2(a)(1), 80 Stat. 715; May 25, 1967, Pub. L. 90–19, §20, 81 Stat. 25; Aug. 1, 1968, Pub. L. 90–448, §702, 82 Stat. 535; restated Nov. 6, 1978, Pub. L. 95–599, §308(b), 92 Stat. 2746; Jan. 6, 1983, Pub. L. 97–424, §309(a), 96 Stat. 2151; Apr. 2, 1987, Pub. L. 100–17, §309(a), 101 Stat. 227. |
| 49 App.:1608(c)(7), (8). | July 9, 1964, Pub. L. 88–365, §12(c)(3)–(9), 78 Stat. 306; Aug. 10, 1965, Pub. L. 89–117, §1109, 79 Stat. 507; Sept. 8, 1966, Pub. L. 89–562, §2(a)(1), 80 Stat. 715; May 25, 1967, Pub. L. 90–19, §20, 81 Stat. 25; Aug. 1, 1968, Pub. L. 90–448, §702, 82 Stat. 535; restated Nov. 6, 1978, Pub. L. 95–599, §308(b), 92 Stat. 2746; Dec. 18, 1991, Pub. L. 102–240, §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, §12(c)(12), (13); added Apr. 2, 1987, Pub. L. 100–17, §318(b)(3), 101 Stat. 234. |
| 5302(a)(4) | 49 App.:1608(c)(2). | July 9, 1964, Pub. L. 88–365, §12(c)(2), 78 Stat. 306; Aug. 10, 1965, Pub. L. 89–117, §1109, 79 Stat. 507; Sept. 8, 1966, Pub. L. 89–562, §2(a)(1), 80 Stat. 715; May 25, 1967, Pub. L. 90–19, §20, 81 Stat. 25; Aug. 1, 1968, Pub. L. 90–448, §702, 82 Stat. 535; restated Nov. 6, 1978, Pub. L. 95–599, §308(b), 92 Stat. 2746; Jan. 6, 1983, Pub. L. 97–424, §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, §12(h)(2); added Apr. 2, 1987, Pub. L. 100–17, §317(a), 101 Stat. 233; Dec. 18, 1991, Pub. L. 102–240, §6021(a), 105 Stat. 2184. |
| 49 App.:1608 (note). | Apr. 2, 1988, Pub. L. 100–17, §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, §12(c)(10), (11), 78 Stat. 306; Aug. 10, 1965, Pub. L. 89–117, §1109, 79 Stat. 507; Sept. 8, 1966, Pub. L. 89–562, §2(a)(1), 80 Stat. 715; May 25, 1967, Pub. L. 90–19, §20, 81 Stat. 25; Aug. 1, 1968, Pub. L. 90–448, §702, 82 Stat. 535; restated Nov. 6, 1978, Pub. L. 95–599, §308(b), 92 Stat. 2746; Apr. 2, 1987, Pub. L. 100–17, §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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Last modified: October 26, 2015