[Code of Federal Regulations]
[Title 49, Volume 4]
[Revised as of October 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 49CFR265.5]

[Page 701]
 
                        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.).
    (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]