112 STAT. 340 PUBLIC LAW 105-178—JUNE 9, 1998
- (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.
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