[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: 23CFR476.308]

[Page 128-129]
 
                           TITLE 23--HIGHWAYS
 
 CHAPTER I--FEDERAL HIGHWAY ADMINISTRATION, DEPARTMENT OF TRANSPORTATION
 
PART 476--INTERSTATE HIGHWAY SYSTEM--Table of Contents
 
Subpart D--Withdrawal of Interstate Segments and Substitution of Public 
                Mass Transit or Highway Projects or Both
 
Sec. 476.308  Concept approval for substitute projects.

    (a) A concept program which identifies the proposed substitute 
projects to be approved in concept and which, as a minimum, accounts for 
all unobligated funding made available by this subpart must be submitted 
as soon as practicable after the effective date of this subpart or after 
a withdrawal is formally approved.
    (1) The substitute project concepts included in the program must be 
selected in a manner consistent with the procedures provided in 
Sec. 476.310(b) and (c).
    (2) The concept program submission must contain:
    (i) A proposed split, if any, of Interstate withdrawal 
authorizations between transit and highway projects;
    (ii) A concept description (e.g., type of work, termini, length, 
estimated cost, number and type of vehicles, size and type of facility, 
identification of major transportation investment, etc.) of the proposed 
transit and/or highway projects for which concept approval is requested; 
and
    (iii) A summary of the anticipated level of overall funding needs by 
individual fiscal year, as estimated on a general transit and/or highway 
basis.
    (3) The concept program shall be endorsed by the Governor and the 
responsible local officials.

[[Page 129]]

    (4) The concept program should be submitted by the Governor to the 
Federal Highway Administrator and the Urban Mass Transportation 
Administrator, through the Federal Highway Administrator.
    (b) Approval of substitute project concepts must be given jointly by 
the Federal Highway Administrator and the Urban Mass Transportation 
Administrator by September 30, 1983. This time limitation does not apply 
to segments which were under court injunction prohibiting construction 
as of November 6, 1978.
    (1) Adjustments and refinements to the previously approved project 
concepts may be permitted after September 30, 1983.
    (2) Approval of the project concepts does not commit funding under 
this subpart nor does such approval constitute an obligation on the 
State or local governments to fully implement the project concepts. 
Approval of a project concept is processed as a categorical exclusion 
under 23 CFR part 771.