§ 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 § 265.9 through § 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.