[Code of Federal Regulations]
[Title 23, Volume 1]
[Revised as of April 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 23CFR476.302]

[Page 127]
 
                           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. 476.302  Applicability.

    (a) Except as provided in paragraph (b) of this section, this 
subpart applies to an Interstate segment at any stage of development if:
    (1) The segment is within an urbanized area; or
    (2) The segment passes through and connects urbanized areas within a 
State.
    (b) The regulations in this subpart shall not apply to:
    (1) A segment removed from the Interstate System prior to August 13, 
1973;
    (2) A segment added to the Interstate System after May 5, 1976, 
under the provisions of 23 U.S.C. 103(e)(2);
    (3) Interstate segments designated under 23 U.S.C. 139;
    (4) A toll bridge, tunnel, or approach thereto for which funds were 
advanced in accordance with 23 U.S.C. 124(b); or
    (5) After September 30, 1979, an Interstate segment open to traffic 
before the date of the proposed withdrawal. If only a portion of an 
Interstate segment (between logical termini) is open to traffic the 
regulations of this subpart are applicable to the portion not open to 
traffic. The open to traffic portion will be removed from the Interstate 
System under 23 U.S.C. 103(f).
    (6) Any segment added to the Interstate System by specific 
legislation unless a comparable statute permitting its withdrawal is 
enacted.
    (7) A segment added to the Interstate System after August 13, 1973, 
under the provisions of 23 U.S.C. 103(e)(1).
    (c) Withdrawal requests may not be approved under this subpart after 
September 30, 1983, unless the route segment was under a court 
injunction prohibiting its construction as of November 6, 1978. For 
segments under such injunction, withdrawal requests may not be approved 
under this subpart after September 30, 1986. However, as indicated in 
Sec. 476.310(g), the September 30, 1986, substitute project construction 
time limitation remains applicable to these segments.

[45 FR 69397, Oct. 20, 1980, as amended at 46 FR 45603, Sept. 14, 1981]