Definitions

§ 5302. Definitions (a) General.—In this chapter— (1) “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, map-108 STAT. 787ping, and acquiring rights of way), relocation assistance, acquiring replacement housing sites, and acquiring, constructing, relocating, and rehabilitating replacement housing; (B) rehabilitating a bus that extends the economic life of a bus for at least 5 years; (C) remanufacturing a bus that extends the economic life of a bus for at least 8 years; or (D) overhauling rail rolling stock. (2) “chief executive officer of a State” includes the designee of the chief executive officer. (3) “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) of this title; and (B) prescribed by the Secretary of Transportation 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” 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” 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” includes— (A) a political subdivision of a State; (B) an authority of at least one 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” 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” means the part of a project that reasonably cannot be financed from revenues. (9) “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 108 STAT. 788 (B) used in mass transportation in the United States but being produced with a major change in configuration or components. (10) “regulation” means any part of a statement of general or particular applicability of the Secretary of Transportation designed to carry out, interpret, or prescribe law or policy in carrying out this chapter. (11) “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. (12) “urban area” means an area that includes a municipality or other built-up place that the Secretary of Transportation, after considering local patterns and trends of urban growth, decides is appropriate for a local mass transportation system to serve individuals in the locality. (13) “urbanized area” means an area— (A) encompassing at least an urbanized area within a State that the Secretary of Commerce designates; and (B) designated an urbanized area within boundaries fixed by State and local officials and approved by the Secretary of Transportation. (b) Authority To Modify “Handicapped Individual”.—The Secretary of Transportation by regulation may modify the definition of subsection (a)(5) of this section as it applies to section 5307(d)(1)(D) of this title.