CFR > Title 23 - Highways > CHAPTER I—FEDERAL HIGHWAY ADMINISTRATION, DEPARTMENT OF TRANSPORTATION > SUBCHAPTER I—PUBLIC TRANSPORTATION (parts 810 to 810) > PART 810—MASS TRANSIT AND SPECIAL USE HIGHWAY PROJECTS > SUBPART C—Making Highway Rights-of-Way Available for Mass Transit Projects (§810.200 to §810.212) > 810.208—Action by the Federal Highway Administrator.

810.208—Action by the Federal Highway Administrator.

The Federal Highway Administrator may authorize the State to make available to the publicly-owned mass transit authority the land needed for the proposed facility, if it is determined that:
(a) The evidence submitted by the State highway agency under § 810.206 is satisfactory;
(b) The public interest will be served thereby; and
(c) The proposed action in urbanized areas is based on a continuing, comprehensive transportation planning process carried on in accordance with 23 U.S.C. 134 as described under 23 CFR part 450, subpart A.