[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: 23CFR810.208] [Page 404] TITLE 23--HIGHWAYS CHAPTER I--FEDERAL HIGHWAY ADMINISTRATION, DEPARTMENT OF TRANSPORTATION PART 810--MASS TRANSIT AND SPECIAL USE HIGHWAY PROJECTS--Table of Contents Subpart C--Making Highway Rights-of-Way Available for Mass Transit Projects Sec. 810.208 Action by the Federal Highway Administrator. The Federal Highway Administrator may authorize the State to make available to the publicly-owned mass transit authority the land needed for the proposed facility, if it is determined that: (a) The evidence submitted by the State highway agency under Sec. 810.206 is satisfactory; (b) The public interest will be served thereby; and (c) The proposed action in urbanized areas is based on a continuing, comprehensive transportation planning process carried on in accordance with 23 U.S.C. 134 as described under 23 CFR part 450, subpart A.