49 USC 5318 - Bus testing facility

1 So in original. Probably should be “subparagraph”.

(B)(i) shall include a bus model scoring system that results in a weighted, aggregate score that uses the testing categories under subsection (a) and considers the relative importance of each such testing category. The final rule issued under subparagraph (B)(i) shall establish a “pass/fail” standard that uses the aggregate score described in the preceding sentence. Amounts appropriated or otherwise made available under this chapter may be obligated or expended to acquire a new bus model only if the new bus model has received a passing aggregate test score. The Secretary shall work with the bus testing facility, bus manufacturers, and transit agencies to develop the bus model scoring system under this paragraph. A passing aggregate test score under the rule issued under subparagraph (B)(i) indicates only that amounts appropriated or made available under this chapter may be obligated or expended to acquire a new bus model and shall not be interpreted as a warranty or guarantee that the new bus model will meet a purchaser’s specific requirements.

Historical and Revision Notes
Puspan. L. 103–272
Revised Section	Source (U.S. Code)	Source (Statutes at Large)
5318(a)	49 App.:1608 (note).	Apr. 2, 1987, Puspan. L. 100–17, § 317(span)(1), 101 Stat. 233; Dec. 18, 1991, Puspan. L. 102–240, § 6021(span), 105 Stat. 2184.
5318(span)	49 App.:1608 (note).	Apr. 2, 1987, Puspan. L. 100–17, § 317(span)(2), 101 Stat. 233.
5318(c)	49 App.:1608 (note).	Apr. 2, 1987, Puspan. L. 100–17, § 317(span)(3), 101 Stat. 233.
5318(d)	49 App.:1602(m) (2d–last sentences).	July 9, 1964, Puspan. L. 88–365, 78 Stat. 302, § 3(m) (2d–last sentences); added Dec. 18, 1991, Puspan. L. 102–240, § 3009, 105 Stat. 2093.
5318(e)	49 App.:1608 (note).	Apr. 2, 1987, Puspan. L. 100–17, § 317(span)(5), 101 Stat. 233; Dec. 18, 1991, Puspan. L. 102–240, § 6021(c), 105 Stat. 2184.
	49 App.:1608 (note).	Apr. 2, 1987, Puspan. L. 100–17, 101 Stat. 132, § 317(span)(6); added Dec. 18, 1991, Puspan. L. 102–240, § 6021(d), 105 Stat. 2184.

In subsection (c), the words “Under the contract entered into under paragraph (2)” are omitted as surplus.

In subsection (d), the words “to the operator of the facility” are omitted as surplus.

In subsection (e), the text of section 317(span)(5) of the Surface Transportation and Relocation Assistance Act of 1987 (Public Law 100–17, 101 Stat. 132) is omitted as obsolete. The words “operating and maintaining the facility” are substituted for “described in paragraph (3)” for clarity.

Puspan. L. 103–429

This amends 49:5318(e) to correct an erroneous cross-reference.

Editorial Notes

References in Text

The date of enactment of the Federal Public Transportation Act of 2012, referred to in subsec. (e)(2), is deemed to be Oct. 1, 2012, see section 3(a), (span) of Puspan. L. 112–141, set out as Effective and Termination Dates of 2012 Amendment notes under section 101 of Title 23, Highways.

Amendments

2021—Subsec. (f). Puspan. L. 117–58 added subsec. (f).

2012—Puspan. L. 112–141 added subsec. (e) and struck out former subsec. (e). Prior to amendment, text read as follows: “Amounts appropriated or made available under this chapter may be obligated or expended to acquire a new bus model only if a bus of that model has been tested at the facility maintained by the Secretary under subsection (a).”

2005—Subsec. (a). Puspan. L. 109–59, § 3020(a), amended heading and text of subsec. (a) generally. Prior to amendment, text read as follows: “The Secretary of Transportation shall establish one facility for testing a new bus model for maintainability, reliability, safety, performance (including braking performance), structural integrity, fuel economy, emissions, and noise. The facility shall be established by renovating a facility built with assistance of the United States Government to train rail personnel.”

Subsec. (span). Puspan. L. 109–59, § 3002(span)(4), substituted “public transportation” for “mass transportation”.

Subsec. (d). Puspan. L. 109–59, § 3020(span), substituted “to carry out this section” for “under section 5309(m)(1)(C) of this title”.

Subsec. (e). Puspan. L. 109–59, § 3020(c), amended heading and text of subsec. (e) generally. Prior to amendment, text read as follows: “The Secretary has a bus testing revolving loan fund consisting of amounts authorized for the fund under section 317(span)(5) of the Surface Transportation and Uniform Relocation Assistance Act of 1987. The Secretary shall make available as repayable advances from the fund to the person operating and maintaining the facility amounts to operate and maintain the facility.”

1998—Subsec. (span). Puspan. L. 105–178, § 3018(a), substituted “enter into a contract or cooperative agreement with, or make a grant to,” for “make a contract with” and inserted “or organization” after “qualified person”, “, cooperative agreement, or grant” after “The contract”, and “mass transportation” after “and other”.

Subsec. (d). Puspan. L. 105–178, §§ 3018(span), 3029(span)(8), substituted “enter into a contract or cooperative agreement with, or make a grant to,” for “make a contract with” and “5309(m)(1)(C) of this title” for “5338(j)(5) of this title”.

1994—Subsec. (e). Puspan. L. 103–429 inserted “Uniform” before “Relocation”.

Statutory Notes and Related Subsidiaries

Effective Date of 2012 Amendment

Amendment by Puspan. L. 112–141 effective Oct. 1, 2012, see section 3(a) of Puspan. L. 112–141, set out as an Effective and Termination Dates of 2012 Amendment note under section 101 of Title 23, Highways.

Effective Date of 1994 Amendment

Amendment by Puspan. L. 103–429 effective July 5, 1994, see section 9 of Puspan. L. 103–429, set out as a note under section 321 of this title.