[Code of Federal Regulations]
[Title 49, Volume 7]
[Revised as of October 1, 2006]
From the U.S. Government Printing Office via GPO Access
[CITE: 49CFR604.5]

[Page 14]
 
                        TITLE 49--TRANSPORTATION
 
CHAPTER VI--FEDERAL TRANSIT ADMINISTRATION, DEPARTMENT OF TRANSPORTATION
 
PART 604_CHARTER SERVICE--Table of Contents
 
                            Subpart A_General
 
Sec.  604.5  Definitions.

    (a) All definitions in the FT Act (at 49 U.S.C. 1608) are applicable 
to this part, except as may otherwise be provided in this section.
    (b) The Acts means the FT Act and those parts of Title 23 United 
States Code, 23 U.S.C. 103(e)(4), 142(a) and 142(c), that provide for 
assistance to public bodies for purchasing buses.
    (c) Administrator means the Administrator of FTA or his or her 
designee.
    (d) Categories of Revenue Vehicle means bus or van.
    (e) Charter Service means transportation using buses or vans, or 
facilities funded under the Acts of a group of persons who pursuant to a 
common purpose, under a single contract, at a fixed charge (in 
accordance with the carrier's tariff) for the vehicle or service, have 
acquired the exclusive use of the vehicle or service to travel together 
under an itinerary either specified in advance or modified after having 
left the place of origin. This definition includes the incidental use of 
FTA funded equipment for the exclusive transportation of school 
students, personnel, and equipment.
    (f) Chief Counsel means the Chief Counsel of FTA.
    (g) Days means calendar days in subpart A and Federal working days 
in subpart B.
    (h) Designated Official means the applicant's and recipient's 
employee authorized to file applications on behalf of the applicant or 
to enter into agreements on behalf of the recipient.
    (i) Incidental Charter Service means charter service which does not: 
(1) interfere with or detract from the provision of the mass 
transportation service for which the equipment or facilities were funded 
under the Acts; or (2) does not shorten the mass transportation life of 
the equipment or facilities.
    (j) Interested Party means an individual, partnership, corporation, 
association, or public or private organization that has a financial 
interest which is adversely affected by the act or acts of a recipient 
regarding charter service.
    (k) Non-urbanized area means an area with a population of less than 
50,000 people.
    (l) Recipient means one that has received or is receiving Federal 
financial assistance under the Acts. The term includes subrecipients of 
a recipient, subrecipients in FTA's State administered programs, public 
bodies that receive assistance that will be passed on to another public 
or quasi-public body, any operator for a recipient, whether publicly or 
privately owned, and may include lessees of federally assisted buses and 
other equipment. For any FTA State administered program, the State is 
the recipient.
    (m) State Administered Program means any FTA grant program in which 
the State is the recipient of funds, passes the funds to subrecipients, 
and administers the program for FTA.
    (n) FT Act means the Federal Mass Transit Act of 1964, as amended, 
49 U.S.C. 1601 et seq.
    (o) FTA means the Federal Transit Administration.
    (p) Willing and able means having the desire, having the physical 
capability of providing the categories of revenue vehicles requested, 
and possessing the legal authority, including the necessary safety 
certifications, licenses and other legal prerequisites, to provide 
charter service in the area in which it is proposed to be provided.