[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: 23CFR810.104]

[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 B--Highway Public Transportation Projects and Special Use 
                           Highway Facilities
 
Sec. 810.104  Applicability of other provisions.

    (a) Projects authorized under Sec. 810.102 shall be deemed to be 
highway projects for all purposes of title 23 U.S.C., and shall be 
subject to all regulations of title 23 CFR.
    (b) Projects approved under this subpart on the Federal-aid 
Interstate System for exclusive or preferential high occupancy vehicle, 
truck, and emergency vehicle lanes are excepted from the minimum four-
lane requirement of 23 U.S.C. 109(b).
    (c) Exclusive or preferential lanes on the Interstate System, 
including approaches and directly related facilities, can be constructed 
with Interstate construction funds only if they were approved in the 
1981 Interstate Cost Estimate.
    (d) The Federal proportional share of a project approved under this 
subpart shall be as provided in 23 U.S.C. 120 for the class of funds 
involved. The Federal share for Interstate substitution projects is 85 
percent except for signalization projects which may be 100 percent as 
provided by 23 U.S.C. 120(d). The provisions of section 120(d) title 23 
U.S.C. may also be applied to regularly funded projects under 
Sec. 810.102 of this subpart as follows:
    (1) Signalization projects.
    (2) Passenger loading area and facilities which principally serve 
carpools and vanpools.
    (3) Fringe and transportation corridor parking facilities or 
portions thereof which are reserved exclusively for use by carpool and 
vanpool passengers and vehicles.
    (e) As required by section 163 of the Surface Transportation 
Assistance Act of 1982, approval of Federal-aid highway funding for a 
physical construction or resurfacing project having a carpool lane(s) 
within the project limits may not be granted unless the project allows 
the use of the carpool lane(s) by motorcycles or it is certified by the 
State that such use will create a safety hazard. This requirement does 
not apply to high occupancy vehicle lanes which exclude carpools or to 
carpool lanes constructed by the State without the use of Federal-aid 
Highway funds. The issue of the extent of utilization of these 
facilities including those constructed prior to January 6, 1982 with 
Federal-aid Highway funds is a matter for individual determination by 
the State Highway Agency.