[Code of Federal Regulations]
[Title 23, Volume 1]
[Revised as of April 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 23CFR646.212]

[Page 221-222]
 
                           TITLE 23--HIGHWAYS
 
 CHAPTER I--FEDERAL HIGHWAY ADMINISTRATION, DEPARTMENT OF TRANSPORTATION
 
PART 646_RAILROADS--Table of Contents
 
                   Subpart B_Railroad-Highway Projects
 
Sec. 646.212  Federal share.

    (a) General. (1) Federal funds are not eligible to participate in 
costs incurred solely for the benefit of the railroad.
    (2) At grade separations Federal funds are eligible to participate 
in costs to provide space for more tracks than are in place when the 
railroad establishes to the satisfaction of the State highway agency and 
FHWA that it has a definite demand and plans for installation of the 
additional tracks within a reasonable time.
    (3) The Federal share of the cost of a grade separation project 
shall be based on the cost to provide horizontal and/or vertical 
clearances used by the railroad in its normal practice subject to 
limitations as shown in the appendix or as required by a State 
regulatory agency.
    (b) The Federal share of railroad/highway crossing projects may be:
    (1) Regular pro rata sharing as provided by 23 U.S.C. 120(a) and 
120(b).
    (2) One hundred percent Federal share, as provided by 23 U.S.C. 
120(c).

[[Page 222]]

    (3) Ninety percent Federal share for funds made available through 23 
U.S.C. 133(d)(1).

[40 FR 16059, Apr. 9, 1975, as amended at 47 FR 33955, Aug. 5, 1982; 53 
FR 32218, Aug. 24, 1988; 62 FR 45328, Aug. 27, 1997]