[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: 23CFR476.310]

[Page 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. 476.310  Proposals for substitute public mass transit and highway projects.

    (a) The proposed substitute projects must serve the urbanized area 
or connecting nonurbanized area corridor, or both, from which the 
Interstate segment was withdrawn.
    (b) Substitute projects in or serving urbanized areas shall be based 
on an urban transportation planning process in accordance with 23 CFR 
part 450, subpart A (and policies and regulations pertaining thereto), 
and shall be selected by the responsible local officials of the 
urbanized area in accordance with 23 CFR part 450, subpart B. Substitute 
projects located outside but serving the urbanized area shall also have 
the concurrence of the responsible local officials of the jurisdiction 
in which the project is located.
    (c) Substitute projects in or serving the nonurbanized area corridor 
shall be selected by the responsible local officials of the nonurbanized 
area corridor. Substitute projects located outside but serving the 
nonurbanized area corridor shall also have the concurrence of the 
responsible local officials of the jurisdiction in which the project is 
located.
    (d) Applications for substitute nonhighway public mass transit 
projects shall be developed either by the principal elected officials of 
general purpose local units of government in consultation with local 
transit officials or by local transit officials. Substitute highway 
projects shall be developed in accordance with the policies and 
procedures established for the Federal-aid highway system of which they 
will be a part. Substitute highway projects need not appear in the 
statewide Federal-aid program described in 23 CFR part 630, subpart A.
    (e) Applications for substitute nonhighway public mass transit 
projects are submitted to the Urban Mass Transportation Administrator by 
the Governor. Requests for authorization to proceed with substitute 
highway projects are submitted to the Federal Highway Administrator by 
the Governor.
    (f) After September 30, 1983, only applications for those substitute 
projects which have previously received concept approval under 
Sec. 476.308 should be submitted.
    (g) Substitute projects (for which sufficient funds are available) 
must be under construction or under contract for construction by 
September 30, 1986. This time limitation is applicable to all substitute 
projects, including those related to Interstate segments which were 
under court injunction prohibiting construction on November 6, 1978. 
Approval for substitute projects not meeting this requirement will be 
withdrawn or not issued, and no funds will be appropriated or authorized 
for these projects.

[45 FR 69397, Oct. 20, 1980, as amended at 51 FR 39748, Oct. 31, 1986]