[Code of Federal Regulations]

[Title 49, Volume 4]

[Revised as of October 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 49CFR265.5]



[Page 823-824]

 

                        TITLE 49--TRANSPORTATION

 

       CHAPTER II--FEDERAL RAILROAD ADMINISTRATION, DEPARTMENT OF 

                             TRANSPORTATION

 

PART 265_NONDISCRIMINATION IN FEDERALLY ASSISTED RAILROAD PROGRAMS

--Table of Contents

 

                            Subpart A_General

 

Sec. 265.5  Definitions.



    As used in this part, unless the context indicates otherwise:

    (a) Act means the Railroad Revitalization and Regulatory Reform Act 

of 1976 (Pub. L. No. 94-210).

    (b) Administrator means the Federal Railroad Administrator or his 

delegate.

    (c) Affirmative action program means the program described in Sec. 

265.9 through Sec. 265.15 of this part.

    (d) Agency means the Federal Railroad Administration.

    (e) Applicant means persons applying for financial assistance under 

any of the Rail Acts.

    (f) Contractor means a prime contractor or a subcontractor who will 

be paid in whole or in part directly or indirectly from financial 

assistance provided under the Rail Acts.

    (g) [Reserved]

    (h) Includes means includes but not limited to.

    (i) Minority means women, Blacks, Hispanic Americans, American 

Indians, American Eskimos, American Orientals and American Aleuts.

    (j) MBE means a business concern which is owned and controlled by a 

minority. For the purpose of this part, owned and controlled means a 

business:

    (1) Which is at least 51 per centum owned by one or more minority 

individuals; or, in the case of a publicly owned business, at least 51 

per centum of the stock of which is owned by one or more minority 

individuals; and

    (2) Whose management and daily operations are controlled by one or 

more such individuals.

    (k) MBE Resource Center means the Minority Resource Center 

established in the Department of Transportation pursuant to section 906 

of the Act.

    (l) Rail Acts means the Railroad Revitalization and Regulatory 

Reform Act of 1976, the Regional Rail Reorganization Act of 1973, as 

amended (45 U.S.C. 701 et seq.) and the Rail Passenger Service Act, as 

amended (45 U.S.C. 501 et seq.).

    (m) Recipient means a person who receives financial assistance under 

any of the Rail Acts except under section 602 of the Rail Passenger 

Service Act, as amended (45 U.S.C. 501 et seq.).



[[Page 824]]



    (n) Underutilization means the condition of having fewer minority 

employees in a particular job group or fewer awards of contracts to MBEs 

than would reasonably be expected by their availability for such jobs or 

awards.



[42 FR 4286, Jan. 24, 1977, as amended at 44 FR 36339, June 21, 1979]