---
kind: "section"
citation: "42 U.S.C. § 12161"
title: "42"
title_heading: "The Public Health and Welfare"
number: "12161"
heading: "Definitions"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/42/12161"
units:
  - "Chapter 126 — Equal Opportunity for Individuals with Disabilities"
  - "Subchapter II — Public Services"
  - "Part B — Actions Applicable to Public Transportation Provided by Public Entities Considered Discriminatory"
  - "Subpart ii — public transportation by intercity and commuter rail"
---

# §12161. Definitions


As used in this subpart:

- (1) **Commuter authority—** The term “commuter authority” has the meaning given such term in section 24102(4)[^1] of title 49.
- (2) **Commuter rail transportation—** The term “commuter rail transportation” has the meaning given the term “commuter rail passenger transportation” in section 24102(5)[^1] of title 49.
- (3) **Intercity rail transportation—** The term “intercity rail transportation” means transportation provided by the National Railroad Passenger [Corporation](/usc/42/2297h.md?p=2).
- (4) **Rail passenger car—** The term “rail passenger car” means, with respect to [intercity rail transportation](#3), single-level and bi-level coach cars, single-level and bi-level dining cars, single-level and bi-level sleeping cars, single-level and bi-level lounge cars, and food service cars.
- (5) **Responsible person—** The term “responsible person” means—
  - (A) in the case of a [station](#6) more than 50 percent of which is owned by a public entity, such public entity;
  - (B) in the case of a [station](#6) more than 50 percent of which is owned by a private party, the [persons](/usc/42/12111.md?p=7) providing intercity or [commuter rail transportation](#2) to such [station](#6), as allocated on an equitable basis by regulation by the [Secretary](/usc/42/12141.md?p=6) of Transportation; and
  - (C) in a case where no party owns more than 50 percent of a [station](#6), the [persons](/usc/42/12111.md?p=7) providing intercity or [commuter rail transportation](#2) to such [station](#6) and the [owners](/usc/42/13641.md?p=4) of the [station](#6), other than private party [owners](/usc/42/13641.md?p=4), as allocated on an equitable basis by regulation by the [Secretary](/usc/42/12141.md?p=6) of Transportation.
- (6) **Station—** The term “station” means the portion of a property located appurtenant to a right-of-way on which intercity or [commuter rail transportation](#2) is operated, where such portion is used by the general public and is related to the provision of such transportation, including passenger platforms, designated waiting areas, ticketing areas, restrooms, and, where a public entity providing rail transportation owns the property, concession areas, to the extent that such public entity exercises control over the selection, design, [construction](/usc/42/300s–3.md?p=7), or alteration of the property, but such term does not include flag stops.

## Footnotes

[^1]: See References in Text note below.

## Source credit

(Pub. L. 101–336, title II, § 241, July 26, 1990, 104 Stat. 346; Pub. L. 104–287, § 6(k), Oct. 11, 1996, 110 Stat. 3400.)

## Notes

### Editorial Notes

### References in Text

Section 24102 of title 49, referred to in pars. (1) and (2), was subsequently amended, and pars. (4) and (5) of section 24102 no longer define “commuter authority” and “commuter rail passenger transportation”, respectively. However, such terms are defined elsewhere in that section.

### Codification

In pars. (1) and (2), “section 24102(4) of title 49” substituted for “section 103(8) of the Rail Passenger Service Act (45 U.S.C. 502(8))” and “section 24102(5) of title 49” substituted for “section 103(9) of the Rail Passenger Service Act (45 U.S.C. 502(9))” on authority of Pub. L. 103–272, § 6(b), July 5, 1994, 108 Stat. 1378, the first section of which enacted subtitles II, III, and V to X of Title 49, Transportation.

### Amendments

1996—Par. (2). Pub. L. 104–287 substituted “commuter rail passenger transportation” for “commuter service”.

### Statutory Notes and Related Subsidiaries

### Effective Date

Pub. L. 101–336, title II, § 246, July 26, 1990, 104 Stat. 353, provided that: General Rule.—Except as provided in subsection (b), this part [part II (§§ 241–246) of subtitle B of title II of Pub. L. 101–336, enacting this subpart] shall become effective 18 months after the date of enactment of this Act [July 26, 1990]. Exception.—Sections 242 and 244 [sections 12162 and 12164 of this title] shall become effective on the date of enactment of this Act.”