; and (ii) is a Class I carrier (as that term is used in section 369.3(a) of title 49, Code of Federal Regulations). (E) An entity providing commuter rail passenger transportation or intercity rail passenger transportation (as those terms are defined in section 24102 of title 49, United States Code). (F) The owner of a vessel for which section 3507 of title 46, United States Code, applies. (G) A transportation network company. (2) Sexual assault The term sexual assault means the occurrence of an act that constitutes any nonconsensual sexual act proscribed by Federal, tribal, or State law, including when the victim lacks capacity to consent. (3) TNC driver The term TNC driver means an individual who is employed, contracted by, or otherwise affiliated with a transportation network company to provide transportation services (also known as ride-sharing) to the public. (4) TNC personnel The term TNC personnel means an employee or contractor of a covered transportation network company, other than a TNC driver. (5) Transportation network company The term transportation network company — (A) means a corporation, partnership, sole proprietorship, or other entity, that uses a digital network to connect riders to drivers affiliated with the entity in order for the driver to transport the rider using a vehicle owned, leased, or otherwise authorized for use by the driver to a point chosen by the rider; and (B) does not include a shared-expense carpool or vanpool arrangement that is not intended to generate profit for the driver. (6) Transportation sexual assault or harassment incident The term transportation sexual assault or harassment incident means the occurrence, or reasonably suspected occurrence, of an act that— (A) constitutes sexual assault or sexual harassment; and (B) is committed— (i) by a passenger or a member of the personnel of a covered entity, or in the case of a TNC, a TNC driver of the covered entity, against another passenger or member of personnel or TNC driver of the covered entity