1、458 1The MUTCD is incorporated by reference at 23 CFR part 655, subpart F. SUBCHAPTER IPUBLIC TRANSPORTATION PART 810MASS TRANSIT AND SPECIAL USE HIGHWAY PROJECTS Subpart AGeneral Sec. 810.2 Purpose. 810.4 Definitions. 810.6 Prerequisites for projects authorized by 23 U.S.C. 137, 142, or 149. 810.8
2、Coordination. Subpart BHighway Public Transportation Projects and Special Use Highway Fa-cilities 810.100 Purpose. 810.102 Eligible projects. 810.104 Applicability of other provisions. 810.106 Approval of fringe and transpor-tation corridor parking facilities. 810.108 Designation of existing facilit
3、ies. Subpart CMaking Highway Rights-of- Way Available for Mass Transit Projects 810.200 Purpose. 810.202 Applicability. 810.204 Application by mass transit author-ity. 810.206 Review by the State Highway Agen-cy. 810.208 Action by the Federal Highway Ad-ministrator. 810.210 Authorization for use and
4、 occupancy by mass transit. 810.212 Use to be without charge. Subpart DFederal-Aid Urban System Nonhighway Public Mass Transit Projects 810.300 Purpose. 810.302 Eligible projects. 810.304 Submission of projects. 810.306 Reservation of funds. 810.308 Approval of urban system non-highway public mass t
5、ransit projects. 810.310 Applicability of other provisions. AUTHORITY: 23 U.S.C. 137, 142, 149 and 315; sec. 4 of Pub. L. 97134, 95 Stat. 1699; secs. 118, 120, and 163 of Pub. L. 97424, 96 Stat. 2097; 49 CFR 1.48(b) and 1.51(f). SOURCE: 50 FR 33917, Aug. 22, 1985, unless otherwise noted. Subpart AGe
6、neral 810.2 Purpose. The purpose of this regulation is to implement sections 137, 142, and 149 of title 23, U.S.C. 810.4 Definitions. (a) Except as otherwise provided terms defined in 23 U.S.C. 101(a) are used in this subpart as so defined. (b) The following terms, where used in the regulations in t
7、his subpart have the following meanings: (1) Exclusive or preferential high oc-cupancy vehicle, truck, or emergency vehicle lanes-one or more lanes of a highway facility or an entire highway facility where high occupancy vehicles, trucks or emergency vehicles or any combination thereof, are given, a
8、t all times or at any regularly scheduled times, a priority or preference over some or all other vehicles moving in the general stream of mixed highway traffic. Carpool lane(s)is any high oc-cupancy vehicle lane which allows use by carpools. (2) Fringe and transportation cor-ridor parking facilities
9、those facili-ties which are intended to be used for the temporary storage of vehicles and which are located and designed so as to facilitate the safe and convenient transfer of persons traveling in such vehicles to and from high occupancy vehicles and/or public mass transpor-tation systems including
10、 rail. The term parking facilities includes but is not limited to access roads, buildings, structures, equipment, improvements and interests in land. (3) High occupancy vehiclea bus or other motorized passenger vehicle such as a carpool or vanpool vehicle used for ridesharing purposes and occupied b
11、y a specified minimum number of persons. (4) Highway traffic control devices traffic control devices as defined by the currently approved Manual on Uni-form Traffic Control Devices for Streets and Highways.1VerDate Mar2010 09:39 May 11, 2011 Jkt 223076 PO 00000 Frm 00468 Fmt 8010 Sfmt 8010 Y:SGML223
12、076.XXX 223076wwoods2 on DSK1DXX6B1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-459 Federal Highway Administration, DOT 810.102 (5) Metropolitan Planning Organiza-tionthat organization designated as being responsible, together with th
13、e State, for carrying out the provisions of 23 U.S.C. 134, as required by 23 U.S.C. 104(f)(3), and capable of meeting the re-quirements of sections 3(e)(1), 5(1), 8 (a) and (c) and 9(e)(3)(G) of the Urban Mass Transportation Act of 1964, as amend-ed, 49 U.S.C. 1602(e)(1), 1604(1), 1607 (a) and (c) a
14、nd 1607a(e)(3)(G). This organi-zation shall be the forum for coopera-tive transportation decisionmaking. (6) Nonhighway public mass transit projecta project to develop or im-prove public mass transit facilities or equipment. A project need not be phys-ically located or operated on a route designated
15、 as part of the Federal-aid urban system, but must be included in and related to a program for the devel-opment or improvement of an urban public mass transit system which in-cludes the purchase and rehabilitation of passenger buses and rolling stock for fixed rail facilities, and the purchase, cons
16、truction, reconstruction or im-provement of fixed rail passenger oper-ating facilities. Such projects may also include the construction, reconstruc-tion or rehabilitation of passenger loading and unloading facilities for ei-ther bus or rail passengers. (7) Passenger loading areas and fa-cilities (in
17、cluding shelters)areas and facilities located at or near passenger loading points for safety, protection, comfort, or convenience of high occu-pancy vehicle passengers. The term areas and facilities includes but is not limited to access roads, buildings, structures, equipment, improvements, and inte
18、rest in land. (8) Responsible local officials(i) In areas under 50,000 population, the prin-cipal elected officials of general pur-pose local governments; or (ii) In ur-banized areas, the principal elected of-ficials of general purpose local govern-ments acting through the Metropolitan Planning Orga
19、nization. 50 FR 33917, Aug. 22, 1985, as amended at 51 FR 16834, May 7, 1986 810.6 Prerequisites for projects au-thorized by 23 U.S.C. 137, 142, or 149. (a) Projects in an urbanized area must be based on a continuing com-prehensive transportation planning process, carried on in accordance with 23 U.
20、S.C. 134 as prescribed in 23 CFR part 450, subpart A and included in the transportation improvement program required by 23 CFR part 450, subpart B. (b) Except as otherwise provided by 23 CFR 450.202, projects under this sub-part located outside the urbanized area boundaries should be coordinated wit
21、h the appropriate local officials of the urbanized area as necessary to insure compatibility with the areas urban transportation plan. (c) All proposed projects must be in-cluded in a program of projects ap-proved pursuant to 23 CFR part 630, subpart A (Federal-Aid Program Ap-proval and Authorizatio
22、n). 810.8 Coordination. The Federal Highway Administrator and the Urban Mass Transportation Administrator shall coordinate with each other on any projects involving public mass transit to facilitate project selection, approval and comple-tion. Subpart BHighway Public Trans-portation Projects and Spe
23、cial Use Highway Facilities 810.100 Purpose. The purpose of the regulations in this subpart is to implement 23 U.S.C. 137, 142(a)(1), 142(b), and 149, which author-ize various highway public mass trans-portation improvements and special use highway facilities as Federal-aid highway projects. 810.102
24、 Eligible projects. Under this subpart the Federal High-way Administrator may approve on any Federal-aid system projects which facilitate the use of high occupancy ve-hicles and public mass transportation systems so as to increase the traffic ca-pacity of the Federal-aid system for the movement of p
25、ersons. Eligible projects include: (a) Construction of exclusive or pref-erential high occupancy vehicle, truck, or emergency vehicle lanes, except the VerDate Mar2010 09:39 May 11, 2011 Jkt 223076 PO 00000 Frm 00469 Fmt 8010 Sfmt 8010 Y:SGML223076.XXX 223076wwoods2 on DSK1DXX6B1PROD with CFRProvide
26、d by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-460 23 CFR Ch. I (4111 Edition) 810.104 construction of exclusive or pref-erential lanes limited to use by emer-gency vehicles can be approved only on the Federal-aid Interstate System; (b) Highway traffic con
27、trol devices; (c) Passenger loading areas and fa-cilities (including shelters) that are on or serve a Federal-aid system; and (d) Construction or designation of fringe and transportation corridor parking facilities. For parking facili-ties located in the central business dis-trict the Federal-aid pr
28、oject must be limited to space reserved exclusively for the parking of high occupancy vehi-cles used for carpools or vanpools. 810.104 Applicability of other provi-sions. (a) Projects authorized under 810.102 shall be deemed to be highway projects for all purposes of title 23 U.S.C., and shall be su
29、bject to all regulations of title 23 CFR. (b) Projects approved under this sub-part on the Federal-aid Interstate Sys-tem for exclusive or preferential high occupancy vehicle, truck, and emer-gency vehicle lanes are excepted from the minimum four-lane requirement of 23 U.S.C. 109(b). (c) Exclusive o
30、r preferential lanes on the Interstate System, including ap-proaches and directly related facilities, can be constructed with Interstate con-struction funds only if they were ap-proved in the 1981 Interstate Cost Esti-mate. (d) The Federal proportional share of a project approved under this subpart
31、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 sig-nalization 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 applie
32、d to regularly funded projects under 810.102 of this subpart as follows: (1) Signalization projects. (2) Passenger loading area and facili-ties which principally serve carpools and vanpools. (3) Fringe and transportation cor-ridor parking facilities or portions thereof which are reserved exclusively
33、 for use by carpool and vanpool pas-sengers and vehicles. (e) As required by section 163 of the Surface Transportation Assistance Act of 1982, approval of Federal-aid high-way funding for a physical construc-tion or resurfacing project having a carpool lane(s) within the project lim-its may not be g
34、ranted 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 car-pool lanes constructed by the State without the u
35、se of Federal-aid Highway funds. The issue of the extent of utili-zation 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. 810.106 Approval of fringe and trans-portation corrid
36、or parking facili-ties. (a) In approving fringe and transpor-tation corridor parking facilities, the Federal Highway Administrator: (1) Shall make a determination that the proposed parking facility will ben-efit the Federal-aid systems by improv-ing its traffic capacity for the move-ment of persons;
37、 (2) May approve acquisition of land proximate to the right-of-way of a Fed-eral-aid highway; (3) May approve construction of pub-licly-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 estab-lished gradeline o
38、f the highway pave-ment, 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 Reloca-tion Assistance and Land Acquisition Policies Act of 1970 (84 Stat. 1894, 42 U.S.C. 4601 et s
39、eq.); (4) May permit the charging of fees for the use of the facility, except that the rate of the fee shall not be in ex-cess 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 fa
40、cility and for pro-viding such shuttle service); VerDate Mar2010 09:39 May 11, 2011 Jkt 223076 PO 00000 Frm 00470 Fmt 8010 Sfmt 8010 Y:SGML223076.XXX 223076wwoods2 on DSK1DXX6B1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-461 Federal
41、Highway Administration, DOT 810.202 (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 con-structing, maintaining, and operating the
42、 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 own-ership shall have prior FHWA approval; (7) Shall enter into an agreement with the State, political subdivision, agency, or instrumentali
43、ty governing the financing, maintenance, and oper-ation 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
44、 person to oper-ate 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 designa
45、ted 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 eli-gible projects the Federal-aid Inter-state system must be the system which substantially benefits. The benefiting system is that system whi
46、ch would have otherwise carried the high occu-pancy vehicle or rail passengers to their destination. Interstate construc-tion 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 appro
47、ved in the 1981 Interstate Cost Estimate. 810.108 Designation of existing facili-ties. (a) In accordance with the provisions of 23 CFR 810.102, the Federal Highway Administrator may approve on any Federal-aid system the work necessary to designate existing parking facilities (such as at shopping cen
48、ters or other public or private locations) for fringe and transportation corridor parking. (1) Eligible activities include the ac-quisition of or the initial and renewal costs for leasing existing parking space, signing of and modifications to existing facilities, trail blazer signs, and passenger l
49、oading areas and facili-ties. (2) The approval criteria in 23 CFR 810.106 (a)(1), (4), (5), (7) and (8) apply to these parking facilities. (b) In accordance with the provisions of 23 CFR 810.102, the Federal Highway Administrator may approve on any Federal-aid system the work necessary to designate existing highway lanes as high occupancy vehicle lanes. (1) Eligible activities include prelimi-nary engineering, signing, pavement marking, traffic contr
