[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: 23CFR810.106]

[Page 409-410]
 
                           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. 810.106  Approval of fringe and transportation corridor parking 
facilities.

    (a) In approving fringe and transportation corridor parking 
facilities, the Federal Highway Administrator:
    (1) Shall make a determination that the proposed parking facility 
will benefit the Federal-aid systems by improving its traffic capacity 
for the movement of persons;
    (2) May approve acquisition of land proximate to the right-of-way of 
a Federal-aid highway;
    (3) May approve construction of publicly-owned parking facilities on 
land within the right-of-way of any Federal-aid highway, including the 
use of the airspace above and below the established gradeline of the 
highway pavement, and on land, acquired with or without Federal-aid 
funds which is not within the right-of-way of any Federal-aid highway 
but which was acquired in accordance with the Uniform Relocation 
Assistance and Land Acquisition Policies Act of 1970 (84 Stat. 1894, 42 
U.S.C. 4601 et seq.);
    (4) May permit the charging of fees for the use of the facility, 
except that the rate of the fee shall not be in excess of that required 
for maintenance and operation and the cost of providing shuttle service 
to and from the facility (including compensation to any person for 
operating such facility and for providing such shuttle service);

[[Page 410]]

    (5) Shall determine that the State, or the political subdivision 
thereof, where the project is to be located, or any agency or 
instrumentality of such State or political subdivision, has the 
authority and capability of constructing, maintaining, and operating the 
facility.
    (6) Shall receive assurance from the State that the facility will 
remain in public ownershp as long as the facility is needed and that any 
change in ownership shall have prior FHWA approval;
    (7) Shall enter into an agreement with the State, political 
subdivision, agency, or instrumentality governing the financing, 
maintenance, and operation of the parking facility; and
    (8) Shall approve design standards for constructing the facility as 
developed in cooperation with the State highway agency.
    (b) A State political subdivision, agency, or instrumentality 
thereof may contract with any person to operate any parking facility 
constructed under this section.
    (c) In authorizing projects involving fringe and transportation 
corridor parking facilities, the class of Federal-aid funds (primary, 
secondary, or urban system) used for projects under this subpart may be 
either funds designated for the Federal-aid system on which the facility 
is located or the Federal-aid system substantially benefited. For 
Interstate funds to be used for such eligible projects the Federal-aid 
Interstate system must be the system which substantially benefits. The 
benefiting system is that system which would have otherwise carried the 
high occupancy vehicle or rail passengers to their destination. 
Interstate construction funds may be used only where the parking 
facility was approved in the 1981 Interstate Cost Estimate and is 
constructed in conjunction with a high occupancy vehicle lane approved 
in the 1981 Interstate Cost Estimate.