[Code of Federal Regulations]
[Title 23, Volume 1]
[Revised as of April 1, 2001]
From the U.S. Government Printing Office via GPO Access
[CITE: 23CFR476.2]

[Page 125-126]
 
                           TITLE 23--HIGHWAYS
 
 CHAPTER I--FEDERAL HIGHWAY ADMINISTRATION, DEPARTMENT OF TRANSPORTATION
 
PART 476--INTERSTATE HIGHWAY SYSTEM--Table of Contents
 
                           Subpart A--General
 
Sec. 476.2  Definitions.


    (a) Except as otherwise provided, terms defined in 23 U.S.C. 101(a) 
are used in this part as so defined.
    (b) The following terms, where used in the regulations in this part, 
have the following meaning:
    (1) Base cost year for the latest Interstate System cost estimate 
approved by Congress shall be the calendar year specified in the 
Interstate Cost Estimate Manual \1\ for that estimate. For

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example, the base cost year for the 1972 estimate is 1970.
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    \1\ The ``Instructional Manual for the Preparation and Submission of 
the (Year) Estimate of the Cost of Completing the Interstate System in 
Accordance with section 104(b)(5) of title 23 U.S.C., Highways,'' 
published by the Federal Highway Administration, U.S. Department of 
Transportation, is available for inspection and copying as prescribed in 
49 CFR part 7, appendix D.
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    (2) Concurrence means written agreement which is currently binding 
on the concurring party and which addresses the specific proposal being 
submitted for approval.
    (3) Governor means the Governor of any one of the fifty States and 
the Mayor of the District of Columbia. It also refers to any State or 
local entity specifically designated by the Governor for the purpose of 
executing any of his/her responsibilities under this part.
    (4) Interstate segment means any designated, toll-free route, or 
portion thereof, of the Interstate System.
    (5) Local governments concerned means local units of general purpose 
government under State law within whose jurisdiction the Interstate 
segment lies, or is to be withdrawn.
    (6) Open to traffic means a segment which has been constructed or 
has had major improvements with Federal-aid Interstate funds and open to 
normal Interstate traffic; or a segment which was an existing freeway, 
meeting acceptable Interstate geometric standards and recognized as the 
final location of the route, when incorporated into the System. Open to 
traffic does not mean a segment of existing highway that is ultimately 
planned to be replaced by an entirely new facility.
    (7) Responsible local officials means:
    (i) In urbanized areas, principal elected officials of general 
purpose local governments acting through the Metropolitan Planning 
Organization in accordance with part 450, subpart A of this title, and;
    (ii) In rural areas and urban areas not within any urbanized area, 
principal elected officials of general purpose local governments.
    (8) Substitute highway project means any undertaking for highway 
construction, which may encompass phases of work including preliminary 
engineering, right-of-way, and actual construction, individually or any 
combination thereof, on any of the Federal-aid systems described in 23 
U.S.C. 103 and which is eligible for Federal financial assistance under 
title 23, U.S.C. A substitute highway project may include the 
construction of exclusive or preferential bus lanes, high occupancy 
vehicle lanes, highway traffic control devices, bus passenger loading 
areas and facilities (including shelters), and fringe and corridor 
parking facilities to serve bus and other public mass transportation 
passengers. A substitute highway project may also be a carpool and 
vanpool project including but not limited to, providing carpooling 
opportunities to the elderly and handicapped, systems for locating 
potential riders and informing them of convenient carpool opportunities, 
acquiring vehicles appropriate for carpool use, designating existing 
highway lanes as preferential carpool highway lanes, providing related 
traffic control devices, and designating existing facilities for use as 
preferential parking for carpools.
    (9) Substitute nonhighway public mass transit project means any 
undertaking to develop or improve public mass transit facilities or 
equipment. A project in an urbanized area must be included in and 
related to the transportation improvement program (TIP) required under 
23 CFR part 450, subpart B. The TIP in urbanized areas and all projects 
in nonurbanized areas must include either the construction of fixed rail 
facilities, or the purchase of passenger equipment, or both. Passenger 
equipment includes buses, fixed rail rolling stock, and other 
transportation equipment for passenger use.
    (10) Under construction or under contract for construction means 
funds for physical construction have been obligated (for highway 
projects) or have been included in an approved grant (for transit 
projects) which would commit the final development of the ultimate 
project in both length and scope. When projects do not involve physical 
construction, under construction or under contract for construction 
means the obligation of funds (for highway projects) or grant approval 
(for transit projects) has occurred.

[45 FR 69396, Oct. 20, 1980, as amended at 51 FR 39748, Oct. 31, 1986]

Subparts B-C [Reserved]

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