[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: 23CFR476.306]

[Page 128]
 
                           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. 476.306  Withdrawal approval.

    (a) The Federal Highway Administrator and the Urban Mass 
Transportation Administrator may approve the withdrawal of an Interstate 
segment under the provisions of this subpart after considering the 
impact of the withdrawal on national defense needs if:
    (1) The requirements of Sec. 476.304 are met; and
    (2) The Federal Highway Administrator determines that the segment is 
not essential to completion of a unified and connected Interstate 
System.
    (b) When the withdrawal of an Interstate segment is approved under 
paragraph (a) of this section, an amount equal to the Federal share of 
the cost to complete the withdrawn segment as shown in the latest 
Interstate System cost estimate approved by Congress is authorized for 
substitute projects. The amount authorized will be increased or 
decreased, as determined by the Federal Highway Administrator, based on 
changes in construction costs of the withdrawn route occurring between 
the base cost year of the latest cost estimate approved by Congress 
which included the costs of the withdrawn route and the date of approval 
of each substitute project. The changes in construction costs will be 
computed on the basis of the Composite Index shown in the quarterly 
publication ``Price Trends for Federal- Aid Highway Construction.'' \1\ 
For purposes of cost adjustments, the Composite Index for the calendar 
quarter within which the approval of the substitute project occurs will 
be used in computing the change in construction costs.
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    \1\ Published by FHWA, Interstate Reports Branch, and available for 
inspection and copying as prescribed in 49 CFR part 7, appendix D.
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    (c) Authorizations of funds made available by the withdrawal of an 
Interstate route under 23 U.S.C. 103(e)(4) shall remain available until 
expended within the limitations described in Sec. 476.310 (f) and (g).
    (d) Effective as of date of approval of the withdrawal of an 
Interstate segment, the unobligated apportionments for the Interstate 
System of the State receiving the approval will be reduced in the 
proportion that the Federal share of the cost of the withdrawn segment 
bears to the Federal share of the total cost of all Interstate routes in 
the State as reported in the latest Interstate System cost estimate 
approved by Congress.
    (e) Mileage withdrawn under the provisions of this subpart may not 
be redesignated in any State under any provision of title 23 U.S.C.
    (f) The payback of Federal-aid Interstate funds expended on a 
segment withdrawn under this subpart shall be governed by 23 CFR part 
480, Use and Disposition of Property Acquired by States for Modified or 
Terminated Highway Projects.
    (g) Segments withdrawn under the provisions of this subpart may not 
be redesignated under the provisions of 23 U.S.C. 139.