Title 23--HIGHWAYS
Chapter I--FEDERAL HIGHWAY ADMINISTRATION, DEPARTMENT OF TRANSPORTATION


highway departments. 1.7 Urban area boundaries. 1.8 [Reserved] 1.9 Limitation on Federal participation. 1.11 Engineering services. 1.23...


terms where used in the regulations in this part shall have the following meaning: Administrator. The Federal Highway Administrator. Advertising policy. The...


the construction of Federal-aid highways. Each State highway department, maintained in conformity with 23 U.S.C. 302, shall be authorized, by the laws of the State, to...


[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: 23CFR1.5] [Page 8] TITLE 23--HIGHWAYS CHAPTER I--FEDERAL HIGHWAY ADMINISTRATION, DEPARTMENT OF TRANSPORTATION PART 1_GENERAL--Table of Contents Sec. 1.5 Information furnished by State highway departments. At the request of the Administrator the State highway department shall furnish to him such information as the Administrator shall deem desirable in administering the Federal-aid highway program. ...


[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: 23CFR1.7] [Page 8] TITLE 23--HIGHWAYS CHAPTER I--FEDERAL HIGHWAY ADMINISTRATION, DEPARTMENT OF TRANSPORTATION PART 1_GENERAL--Table of Contents Sec. 1.7 Urban area boundaries. Boundaries of an urban area shall be submitted by the State highway department and be approved by the Administrator prior to the inclusion in a program of any project wholly or partly in such area involving funds authorized for and limited to urban areas. ...


regulations in this title, and policies and procedures prescribed by the Administrator. Federal funds shall not be paid on account of any cost incurred prior to authorization...


in paragraph (b) of this section may be eligible for Federal participation only to the extent that such costs are directly attributable and properly allocable to...


and maintenance of a project. (b) Use for highway purposes. Except as provided under paragraph (c) of this section, all real property, including air space,...


policies and procedures issued by the Administrator. The State highway department may provide for such maintenance by formal agreement with any adequately equipped...


action as he may deem necessary to comply with said provision of law by reducing the first Federal-aid apportionment of primary, secondary and urban funds made to the...


necessary for carrying out the provisions and purposes of Federal laws, the policies of the Federal Highway Administration, and the regulations of this part. (b)...


or approve, or to take part in negotiating, making, accepting or approving any contract or subcontract in connection with a project shall have, directly or indirectly,...


as amended, shall provide for the control or regulation of outdoor advertising, consistent with the advertising policy and standards promulgated by the Administrator, in...


this part with respect to a project, he may withhold payment to the State of Federal funds on account of such project, withhold approval of further projects in the State, and...


Costs_Contract Claims Sec. 140.501 Purpose. 140.503 Definition. 140.505 Reimbursable costs. Subpart F_Reimbursement for Bond...


of contract claims including, but not limited to, salaries of a contracting officer or his/her authorized representative, attorneys, and/or members of State boards...


which are: (1) Incurred after notice of claim, (2) Properly supported, (3) Directly allocable to a specific Federal-aid or Federal project, (4)...


To prescribe policies and procedures for the use of Federal funds by State highway agencies (SHAs) to aid in the retirement of the principal and interest of bonds, pursuant to 23...


a county, city or other political subdivision of the State, for the construction of projects on the Federal-aid primary or Interstate system, or extensions of any of...


prepared and submitted to FHWA. Project designations shall be the same as for regular Federal-aid projects except that the prefix letter ``B'' for bond issue shall be used as...


subject to a 36-month reimbursable schedule upon conversion to regular Federal-aid financing (See appendix). FHWA will consider requests for waiver of this provision at the...


of rights-of-way shall be issued in the same manner as for regularly financed Federal-aid projects. (b) Authorization of physical construction shall be given in...


provision 8 on the reverse side of Form PR-2 \1\ shall apply for bond issue projects. --------------------------------------------------------------------------- ...


[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: 23CFR140.607] [Page 14] TITLE 23--HIGHWAYS CHAPTER I--FEDERAL HIGHWAY ADMINISTRATION, DEPARTMENT OF TRANSPORTATION PART 140_REIMBURSEMENT--Table of Contents Subpart F_Reimbursement for Bond Issue Projects Sec. 140.607 Construction. Construction shall be supervised by the SHA in the same manner as for regularly financed Federal-aid projects. The FHWA will make construction inspections and reports. ...


actually retired may be reimbursed on the Federal pro rata basis applicable to such projects in accordance with Sec. 140.602(b) and (c). (b) No interest will be...


of bonds retired or about to be retired, including eligible interest on Interstate Bond Issue Projects, the proceeds of which have actually been expended for the construction...


apply available apportioned Federal-aid funds to the retirement of bonds, including eligible interest earned and payable on Interstate Bond Projects, subject to...


prompt review of the SHA's records to determine that bonds issued to finance the projects and for which reimbursement has been made, including eligible bond interest expense,...


the anticipated claims for reimbursement, of bond projects to be converted during the next two fiscal years. The data will be used by FHWA in determining liquidating...


[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: 23CFR140.801] [Page 15] TITLE 23--HIGHWAYS CHAPTER I--FEDERAL HIGHWAY ADMINISTRATION, DEPARTMENT OF TRANSPORTATION PART 140_REIMBURSEMENT--Table of Contents Subpart H_State Highway Agency Audit Expense Sec. 140.801 Purpose. Source: 49 FR 45578, Nov. 19, 1984, unless otherwise noted. To establish the reimbursement criteria for Federal participation in project related audit expenses. ...


(as modified by the Comptroller General of the United States) and applicable Federal laws and regulations are eligible for Federal participation. The State highway...


projects. Audits performed in accordance with the requirements of 23 CFR part 12, audits of third party contract costs, and other audits providing assurance that a...


of project related audit costs: (1) Salaries, wages, and related costs paid to public employees in accordance with subpart G of this part, (2) Payments by the...


purpose of this subpart is to prescribe policies and procedures on reimbursement to the States for railroad work done on projects undertaken pursuant to the provisions of 23 CFR...


Federal-aid projects involving railroad facilities, including projects for the elimination of hazards of railroad-highway crossings, and other projects which use...


crossings, and on other projects where a railroad company is not obligated to move or to change its facilities at its own expense, reimbursement will be made for...


paid by a company to individuals, for the time they are working on the project, are reimbursable when supported by adequate records. This shall include labor...


for its overhead and indirect construction costs. (b) The FHWA will participate in these costs provided that: (1) The costs are distributed to all applicable...


be furnished from company stock, except they may be obtained from other sources near the project site when available at less cost. Where not available from company stock, they...


the average or actual cost of operation, light and running repairs, and depreciation, or at industry rates representative of actual costs as agreed to by the railroad, SHA,...


subsistence directly attributable to the project, which is consistent with overall policy of the company, is reimbursable. (b) Materials, supplies, and equipment. The...


provide for higher quality or increased service capability of the operating facility and which are provided solely for the benefit of the company. (b)...


are required to ensure safety to railroad operations during certain periods of the construction of a project, is reimbursable provided an item for such services...


reimbursable to the extent provided for in 23 CFR 646.216(f)(4), and where included in the State-Railroad Agreement or otherwise approved by the State...


[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: 23CFR140.920] [Page 19] TITLE 23--HIGHWAYS CHAPTER I--FEDERAL HIGHWAY ADMINISTRATION, DEPARTMENT OF TRANSPORTATION PART 140_REIMBURSEMENT--Table of Contents Subpart I_Reimbursement for Railroad Work Sec. 140.920 Lump sum payments. Where approved by FHWA, pursuant to 23 CFR 646.216(d)(3), reimbursement may be made as a lump sum payment, in lieu of actual costs. ...


company may be reimbursed on progress billings of incurred costs. Costs for materials stockpiled at the project site or specifically purchased and delivered to the company for...


of procurement. 172.7 Audits. 172.9 Approvals. Authority: 23 U.S.C. 112, 114(a), 302, 315, and 402; 40 U.S.C. 541 et seq.; sec.1205(a), Pub....


the requirements of the cost principles contained in 48 CFR part 31. Cognizant agency means any Federal or State agency that has conducted and issued an audit report of...


and design related services shall be evaluated and ranked by the contracting agency using one of the following procedures: (1) Competitive negotiation. Contracting...


engineering design services, the audit shall be performed to test compliance with the requirements of the cost principles contained in 48 CFR part 31. Other procedures may...


method of procurement it proposes to utilize. These written procedures and all revisions shall be approved by the FHWA for recipients of federal funds. Recipients shall approve...


amended; 23 U.S.C. 181-189 and 315; 49 CFR 1.48. Source: 64 FR 29750, June 2, 1999, unless otherwise noted. The regulations in 49 CFR part 80 shall...


project claims. 190.7 Processing of claims. Authority: 23 U.S.C. 131(j) and 315; 49 CFR 1.48(b). Source: 43 FR 42742, Sept. 21, 1978, unless...


into an agreement with the Secretary to control outdoor advertising. It must fulfill, and must continue to fulfill its obligations [[Page 23]] under...


by strip maps which identify advertising control limits and areas excluded from the claim and form FHWA-1175, for the one-half percent bonus claim. (b) The...


to the regional office for submission to the Finance Division, Washington Headquarters, for payment. The associated strip maps shall be retained with the division...


suspension. 192.5 Certification requirements. 192.6 Period of availability of withheld funds. 192.7 Apportionment of withheld funds after compliance. 192.8 Period...


[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: 23CFR192.2] [Page 23] TITLE 23--HIGHWAYS CHAPTER I--FEDERAL HIGHWAY ADMINISTRATION, DEPARTMENT OF TRANSPORTATION PART 192_DRUG OFFENDER'S DRIVER'S LICENSE SUSPENSION--Table of Contents Sec. 192.2 Purpose. The purpose of this part is to specify the steps that States must take in order to avoid the withholding of Federal-aid highway funds for noncompliance with 23 U.S.C. 159. ...


means a license issued by a State to any individual that authorizes the individual to operate a motor vehicle on highways. (c) Drug offense means: (1)...


apportioned to any State under each of sections 104(b)(1), 104(b)(3), and 104(b)(5) of title 23 of the United States Code on the first day of fiscal years 1994 and 1995 if...


of each subsequent year that it meets the requirements of 23 U.S.C. 159 and this regulation. (b) If the State believes it meets the requirements of 23 U.S.C. 159 and...


30, 1995, will remain available for apportionment as follows: (1) If the funds would have been apportioned under 23 U.S.C. 104(b)(5)(A) but for this section, the...


apportionment under Sec. 1212.6(a), will be made available to any State that conforms to the requirements of Sec. 1212.4 before the last day of the period of availability as...


as follows: (1) Funds originally apportioned under 23 U.S.C. 104(b)(5)(A) will remain available until the end of the fiscal year succeeding the fiscal year...


withheld under Sec. 1212.4 are available for apportionment to a State under Sec. 1212.6, then such funds shall lapse or, in the case of funds withheld from apportionment under...


159, based on FHWA's preliminary review of its statutes, will be advised of the funds expected to be withheld under Sec. 1212.4 from apportionment, as part of the advance notice...


Title VI policy. 200.9 State highway agency responsibilities. 200.11 Procedures for processing Title VI reviews. Authority: Title VI of the Civil...


provide requirements and guidelines for State highway agencies to implement the Title VI Program requirements. The related civil rights laws and regulations are listed under...


Affirmative action. A good faith effort to eliminate past and present discrimination in all federally assisted programs, and to ensure future nondiscriminatory practices. ...


[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: 23CFR200.7] [Page 28] TITLE 23--HIGHWAYS CHAPTER I--FEDERAL HIGHWAY ADMINISTRATION, DEPARTMENT OF TRANSPORTATION PART 200_TITLE VI PROGRAM AND RELATED STATUTES_IMPLEMENTATION AND REVIEW PROCEDURES--Table of Contents Sec. 200.7 FHWA Title VI policy. It is the policy of the FHWA to ensure compliance with Title VI of the Civil Rights Act of 1964; 49 CFR part 21; and related statutes and regulations. ...


Civil Rights Act of 1964. (1) Title 49, CFR part 21 (Department of Transportation Regulations for the implementation of Title VI of the Civil Rights Act of 1964)...


and recommended actions, the report shall be forwarded by the Regional Federal Highway Administrator to the Division Administrator, who will forward it with a...


Subpart A_Equal Employment Opportunity on Federal and Federal-Aid Construction Contracts (Including Supportive...


For purposes of this subpart-- Administrator means the Federal Highway Administrator. Areawide Plan means an affirmative action plan to increase...


(a) Federal-aid highway construction projects. This subpart applies to all Federal-aid highway construction projects and to Appalachian highway construction projects and...


(a) Direct Federal and Federal-aid highway construction projects. It is the policy of the FHWA to require that all direct Federal and Federal-aid highway construction...


specific Equal Employment Opportunity requirements. (a) Federal-aid highway construction projects. The special provisions set forth in appendix A shall be included in...


special requirements for the provision of on-the-job training. (a) The State highway agency shall determine which Federal-aid highway construction contracts shall...


supportive services. (a) The State highway agency shall establish procedures, subject to the availability of funds under 23 U.S.C. 140(b), for the provision of...


for ``Hometown'' or ``Imposed'' Plan areas. Direct Federal and Federal-aid contracts to be performed in ``Hometown'' [[Page...


highway construction projects only). (a) On-the-job special training provisions. State highway agencies will be reimbursed on the same pro-rata basis...


Supportive services procured by a State highway agency shall be monitored by both the State highway agency and the...


Supportive services procured by a State highway agency shall be monitored by both the State highway agency and the...
...


FR 51243, Dec. 16, 1985, unless otherwise noted. To prescribe the policies, procedures, and guidance to develop, conduct, and administer supportive services...


Business Enterprise, as used in this subpart, refers to all small businesses which participate in the [[Page 45]] Federal-aid highway program as a minority...


provisions of Pub. L. 97-424, dated January 6, 1983, it is the policy of the Federal Highway Administration (FHWA) to promote increased participation of minority business enterprises...


(a) Subject to the availability of funds under 23 U.S.C. 140(c), the State highway agency shall establish procedures to develop, conduct, and administer...


Supportive services funds shall be obligated in accordance with the procedures set forth in Sec. 230.117(b) of this part. The point of obligation is defined as...


Supportive services programs shall be continually monitored and evaluated by the State highway agency so that needed improvements can be identified and instituted....


It is the policy of the FHWA that all potential sources of assistance to minority business enterprises be utilized. The State highway agency shall take actions to ensure...


The purpose of the regulations in this subpart is to set forth Federal Highway Administration (FHWA) Federal-aid policy and FHWA and State responsibilities relative to...


[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: 23CFR230.303] [Page 47] TITLE 23--HIGHWAYS CHAPTER I--FEDERAL HIGHWAY ADMINISTRATION, DEPARTMENT OF TRANSPORTATION PART 230_EXTERNAL PROGRAMS--Table of Contents Subpart C_State Highway Agency Equal Employment Opportunity Programs Sec. 230.303 Applicability. The provisions of this subpart are applicable to all States that receive Federal financial assistance in connection with the Federal-aid highway program. ...


(a) Affirmative Action Plan means: (1) With regard to State highway agency work forces, a written document detailing the positive action steps the State highway...


all official equal employment opportunity actions in an affirmative manner, and in full accord with applicable statutes, executive orders, regulations, and...


taken in assisting the States in development and implementation of EEO programs. The format set forth in appendix A provides that standardized approach. State equal...


an updated equal employment opportunity program, one year from the date of approval of the preceding program by the Federal Highway Administrator, over the signature of...


an updated equal employment opportunity program, one year from the date of approval of the preceding program by the Federal Highway Administrator, over the signature of...
...


The purpose of the regulations in this subpart is to prescribe policies and procedures to standardize the implementation of the equal opportunity contract...


[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: 23CFR230.403] [Page 57] TITLE 23--HIGHWAYS CHAPTER I--FEDERAL HIGHWAY ADMINISTRATION, DEPARTMENT OF TRANSPORTATION PART 230_EXTERNAL PROGRAMS--Table of Contents Subpart D_Construction Contract Equal Opportunity Compliance Procedures Sec. 230.403 Applicability. The procedures set forth hereinafter apply to all nonexempt direct Federal and Federal-aid highway construction contracts and subcontracts, unless otherwise specified. ...


responsibilities. (1) The FHWA has the responsibility to ensure that contractors meet contractural equal opportunity requirements under E.O. 11246, as amended, and title...


apply, unless the context requires otherwise: (a) Actions, identified by letter and number, shall refer to those items identified in the process flow chart....


consists of the following elements: (1) Review Scheduling (Actions R-1 and R-2). (2) Contractor Notification (Action R-3). (3) Preliminary Analysis (Phase I)...


of time limits set forth in these instructions may be authorized by the SHA's or the FHWA regional office, as appropriate. However, all extensions are subject...


detailed notes from the beginning of the review from which a comprehensive compliance review report can be developed. (2) The completed compliance review report...


shall be implemented to determine employment opportunities on an areawide rather than an individual project basis. The consolidated compliance review approach shall...


Purpose. 260.103 Definitions. 260.105 Policy. 260.107 Eligibility. 260.109 Selection. 260.111 Responsibilities of...


(a) Candidate. One who meets the eligibility criteria set forth in Sec. 260.107, and who has completed and submitted the necessary forms and documents in order to...


fellowship and scholarship grant programs to assist State and local agencies and the FHWA in developing the expertise needed for the implementation of their highway programs...


eligible if they will have completed all specific work commitments before beginining study under the programs for which applications are made. (b) Candidates for...


the Director of the NHI. Members of the panel shall represent the highway transportation interests of government, industry, and the academic community. The...


by the grant recipient shall enter into an appropriate agreement with the FHWA providing for the administration of the grant by the college or university. (b)...


is responsible for furnishing a statement of endorsement and information concerning the relevancy of the candidate's study to agency requirements. The agency is encouraged...


Act of 1964 and Title VI, assurances executed by each State, 23 U.S.C. 324, and 29 U.S.C. 794, no applicant, including otherwise qualified handicapped individuals, shall on...


and containing the application form may be obtained from FHWA regional and division offices, State highway agencies, metropolitan planning organizations, Governors'...


Source: 43 FR 35477, Aug. 10, 1978, unless otherwise noted. To prescribe policy and implement procedures for the administration of Federal-aid funds...


provide continuing education of State and local highway agency employees engaged or to be engaged in Federal-aid highway work. To carry out this policy, States are...


training funds by submitting a signed agreement designating the desired Federal-aid funds, not to exceed the limits in 23 U.S.C. 321(b). The FHWA's approval of the...


the State may make grants and contracts with public and private agencies, institutions, individuals, and the National Highway Institute to provide...


Subpart A_Administration of FHWA Planning and Research Funds Sec. 420.101 What is the purpose of this part? 420.103 How does the FHWA define the terms used in...


Unless otherwise specified in this part, the definitions in 23 U.S.C. 101(a) are applicable to this part. As used in this part: FHWA planning and research funds include: ...


(a) If the FHWA determines that planning activities of national significance, identified in paragraph (b) of this section, and the requirements of 23...


research funds for research development and technology transfer? (a) A State DOT must expend no less than 25 percent of its annual SPR funds on RD&T activities relating...


funds? (a) The State DOTs shall make all PL funds authorized by 23 U.S.C. 104(f) available to the MPOs in accordance with a formula developed by the State DOT,...


and research funds? (a) Proposed use of FHWA planning and research funds must be documented by the State DOTs and subrecipients in a work program, or...


FHWA participation provided that the costs: (1) Are for work performed for activities eligible under the section of title 23, U.S.C., applicable to the class of funds...


(a) The State DOT and its subrecipients must obtain approval and authorization to proceed prior to beginning work on activities to be undertaken with FHWA planning...


(a) In accordance with 49 CFR 18.40, the State DOT shall monitor all activities performed by its staff or by subrecipients with FHWA planning and research funds to assure...


of Federal participation for FHWA planning and research funds shall be as prescribed in title 23, U.S.C., for the specific class of funds used (i.e., SPR, PL, NHS, STP, or...


and research funds? (a) Audits. Audits of the State DOTs and their subrecipients shall be performed in accordance with OMB Circular A-133, Audits of...


of this subpart? The purpose of this subpart is to prescribe requirements for research, development, and technology transfer (RD&T) activities, programs,...


FHWA define the terms used in this subpart? Unless otherwise specified in this part, the definitions in 23 U.S.C. 101(a) and subpart A of this part, are applicable to...


policy for research, development, and technology transfer funding? (a) It is the FHWA's policy to administer the RD&T program activities utilizing FHWA planning...


requirements for research, development, and technology transfer work programs? (a) The State DOT's RD&T work program must, as a minimum, consist of a description of...


conditions for approval? (a) As a condition for approval of FHWA planning and research funds for RD&T activities, a State DOT must develop, establish, and implement...


Applicability. 450.104 Definitions. Subpart B_Statewide Transportation Planning 450.200...


[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: 23CFR450.102] [Page 90] TITLE 23--HIGHWAYS CHAPTER I--FEDERAL HIGHWAY ADMINISTRATION, DEPARTMENT OF TRANSPORTATION PART 450_PLANNING ASSISTANCE AND STANDARDS--Table of Contents Subpart A_Planning Definitions Sec. 450.102 Applicability. The definitions in this subpart are applicable to this part, except as otherwise provided. ...


are used in this part as so defined. Consultation means that one party confers with another identified party in accordance with an established process and, prior...


which requires each State to carry out a continuing, comprehensive, and intermodal statewide transportation planning process, [[Page 92]] including...


[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: 23CFR450.202] [Page 92] TITLE 23--HIGHWAYS CHAPTER I--FEDERAL HIGHWAY ADMINISTRATION, DEPARTMENT OF TRANSPORTATION PART 450_PLANNING ASSISTANCE AND STANDARDS--Table of Contents Subpart B_Statewide Transportation Planning Sec. 450.202 Applicability. The requirements of this subpart are applicable to States and any other agencies/organizations which are responsible for satisfying these requirements. ...


[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: 23CFR450.204] [Page 92] TITLE 23--HIGHWAYS CHAPTER I--FEDERAL HIGHWAY ADMINISTRATION, DEPARTMENT OF TRANSPORTATION PART 450_PLANNING ASSISTANCE AND STANDARDS--Table of Contents Subpart B_Statewide Transportation Planning Sec. 450.204 Definitions. Except as otherwise provided in subpart A of this part, terms defined in 23 U.S.C. 101(a) are used in this part as so defined. ...


The statewide transportation planning process shall include, as a minimum: (1) Data collection and analysis; (2) Consideration of factors contained in Sec. 450.208; ...


at a minimum, explicitly consider, analyze as appropriate and reflect in planning process products the following factors in conducting its continuing statewide...


450.208(a)(21), in carrying out the requirements of this subpart, each State, in cooperation with participating organizations (such as MPOs, Indian tribal...


and provide complete information, timely public notice, full public access to key decisions, and opportunities for early and continuing involvement. The processes...


plan for all areas of the State. (b) The plan shall: (1) Be intermodal (including consideration and provision, as applicable, of elements...


shall develop a statewide transportation improvement program for all areas of the State. In case of difficulties in developing the STIP portion for a particular area,...


[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: 23CFR450.218] [Page 98] TITLE 23--HIGHWAYS CHAPTER I--FEDERAL HIGHWAY ADMINISTRATION, DEPARTMENT OF TRANSPORTATION PART 450_PLANNING ASSISTANCE AND STANDARDS--Table of Contents Subpart B_Statewide Transportation Planning Sec. 450.218 Funding. Funds provided under sections 8, 9, 18, and 26(a)(2) of the Federal Transit Act and 23 U.S.C. 104(b)(1), 104(b)(3), 104(f)(3) and 307(c)(1) may be used to accomplish activities in this subpart. ...


entire proposed STIP, and amendments as necessary, concurrently to the FHWA and the FTA for joint approval. The State shall certify that the transportation planning process...


450.220(f) and 450.216(a)(7), only projects included in the Federally approved STIP shall be eligible for funds administered by the FHWA or the FTA. (b) In...


identify the official statewide transportation plan, described under Sec. 450.214, to be used as a basis for subsequently approved STIPs. Until such a plan is identified, but...


U.S.C. 134 and section 8 of the Federal Transit Act, as amended, which require that a Metropolitan Planning Organization (MPO) be designated for each urbanized area and that...


[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: 23CFR450.302] [Page 100] TITLE 23--HIGHWAYS CHAPTER I--FEDERAL HIGHWAY ADMINISTRATION, DEPARTMENT OF TRANSPORTATION PART 450_PLANNING ASSISTANCE AND STANDARDS--Table of Contents Subpart C_Metropolitan Transportation Planning and Programming Sec. 450.302 Applicability. The provisions of this subpart are applicable to agencies involved in the transportation planning, program development, and project selection processes in metropolitan planning areas. ...


[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: 23CFR450.304] [Page 100] TITLE 23--HIGHWAYS CHAPTER I--FEDERAL HIGHWAY ADMINISTRATION, DEPARTMENT OF TRANSPORTATION PART 450_PLANNING ASSISTANCE AND STANDARDS--Table of Contents Subpart C_Metropolitan Transportation Planning and Programming Sec. 450.304 Definitions. Except as otherwise provided in subpart A of this part, terms defined in 23 U.S.C 101(a) are used in this part as so defined. ...


(a) Designations of metropolitan planning organizations (MPOs) made after December 18, 1991, shall be by agreement among the Governor(s) and units of general...


(a) The metropolitan planning area boundary shall, as a minimum, cover the UZA(s) and the contiguous geographic area(s) likely to become urbanized within...


responsibilities for cooperatively carrying out transportation planning (including corridor and subarea studies) and programming shall be clearly identified in an agreement...


coordination. (a) The MPO in cooperation with the State and with operators of publicly owned transit services shall be responsible for carrying out...


programs. (a) In TMAs, the MPO(s) in cooperation with the State and operators of publicly owned transit shall develop unified planning work programs (UPWPs) that meet...


(a) Section 134(f) of title 23, U.S.C., and Federal Transit Act section 8(f) (49 U.S.C. app. 1607(f)) list 15 factors that must be considered as part of the planning process for...


investments. (a) Where the need for a major metropolitan transportation investment is identified, and Federal funds are potentially involved,...


(a) Within all metropolitan areas, congestion, public transportation, and intermodal management systems, to the extent appropriate, shall be part of...


(a) The metropolitan transportation planning process shall include the development of a transportation plan addressing at least a twenty- year planning horizon. The...


transportation planning process shall include development of a transportation improvement program (TIP) for the metropolitan planning area by the MPO in cooperation with...


be modified at any time consistent with the procedures established in this part for its development and approval. In nonattainment or maintenance areas for transportation...


(a) After approval by the MPO and the Governor, the TIP shall be included without modification, directly or by reference, in the STIP program required under 23 U.S.C....


(a) The FHWA and the FTA must jointly find that each metropolitan TIP is based on a continuing, comprehensive transportation process carried on cooperatively by the...


designated as TMAs and when Sec. 450.332(c) does not apply, projects to be implemented using title 23 funds other than Federal lands projects or Federal Transit Act funds shall...


(a) The State and the MPO shall annually certify to the FHWA and the FTA that the planning process is addressing the major issues facing the area and is being conducted...


consideration given the results of the management systems, the planning process and plans in nonattainment areas requiring TCMs shall comply, to the extent possible, with...


U.S.C. 315, 402(c); 49 CFR 1.48. Source: 40 FR 44322, Sept. 26, 1975, unless otherwise noted. The purpose of this part is to prescribe the policies...


by a public authority and open to public travel. (b) Public authority means a Federal, State, county, town, or township, Indian tribe, municipal or other local...


out section 402 shall be apportioned according to a formula based on population and public road mileage of each State. Public road mileage shall be...


Definitions. 470.105 Urban area boundaries and highway functional classification. 470.107 Federal-aid highway systems. 470.109...


are used in this part as so defined. Consultation means that one party confers with another identified party and, prior to taking action(s), considers that party's views. ...


on the Federal-aid highway systems may be designated in both rural and urban areas. Guidance for determining the boundaries of urbanized and nonurbanized urban areas...


System of Interstate and Defense Highways (Interstate System) shall consist of routes of highest importance to the Nation, built to the uniform geometric and...


local officials, shall have the responsibility for proposing to the Federal Highway Administration all official actions regarding the designation, or revision, of...


shall include a route description and a statement of justification. Proposals shall also include statements regarding coordination with adjoining States on...


System shall include a route description, a statement of justification, and statements of coordination with adjoining States on State-line connections, with responsible...


system actions involving the designation, or revision, of routes on the Interstate System, including route numbers, future Interstate routes, and routes on the...


Policy. 500.103 Definitions. 500.104 State option. 500.105 Requirements. 500.106 PMS. 500.107 BMS. 500.108...


to balance their budgets and, at the same time, respond to public demands for quality services. Along with the need to invest in America's future, this...


U.S.C. 101(a) are applicable to this part. As used in this part: Federal-aid highways means those highways eligible for assistance under title 23, U.S.C., except...


[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: 23CFR500.104] [Page 125] TITLE 23--HIGHWAYS CHAPTER I--FEDERAL HIGHWAY ADMINISTRATION, DEPARTMENT OF TRANSPORTATION PART 500_MANAGEMENT AND MONITORING SYSTEMS--Table of Contents Subpart A_Management Systems Sec. 500.104 State option. Except as specified in Sec. 500.105 (a) and (b), a State may elect at any time not to implement any one or more of the management systems required under 23 U.S.C. 303, in whole or in part. ...


and 49 U.S.C. 5303-5005) in TMAs shall include a CMS that meets the requirements of Sec. 500.109 of this regulation. (b) States shall develop, establish, and implement...


information for use in implementing cost-effective pavement reconstruction, rehabilitation, and preventative maintenance programs and that results in pavements designed...


be based on the ``AASHTO Guidelines for Bridge Management Systems'' \2\ and [[Page 126]] that supplies analyses and summaries of data, uses mathematical...


severity of traffic crashes by ensuring that all opportunities to improve highway safety are identified, considered, implemented as appropriate, and evaluated in all phases...


which transportation system performance is no longer acceptable due to traffic interference. The level of system performance deemed acceptable by State and local officials may...


stations, terminals, transit related structures), equipment, and rolling stock is a systematic process that collects and analyzes information on the condition...


and convenient movement of people and goods through integration of transportation facilities and systems and improvement in the coordination in planning,...


development, establishment, implementation, and continued operation of a traffic monitoring system for highways and public transportation facilities and equipment (TMS) in...


23 U.S.C. 101(a) and Sec. 500.103 are applicable to this subpart. As used in this part: Highway traffic data means data used to develop estimates of the amount...


on a continuing basis, a TMS to be used for obtaining highway traffic data when: (1) The data are supplied to the U.S. Department of Transportation...


including those using alternative procedures, shall address the components in paragraphs (b) through (h) of this section. (b) Precision of reported data. Traffic...


Applicability. 620.103 Policy. 620.104 Standards. Subpart B_Relinquishment of Highway...


[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: 23CFR620.102] [Page 132] TITLE 23--HIGHWAYS CHAPTER I--FEDERAL HIGHWAY ADMINISTRATION, DEPARTMENT OF TRANSPORTATION PART 620_ENGINEERING--Table of Contents Subpart A_Highway Improvements in the Vicinity of Airports Sec. 620.102 Applicability. The requirements of this section apply to all projects on which Federal-aid highway funds are to be expended and to both civil and military airports. ...


relocation of any highway to which this section applies unless the Federal Highway Administration (FHWA) and State officials, in cooperation with the Federal...


[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: 23CFR620.104] [Page 132] TITLE 23--HIGHWAYS CHAPTER I--FEDERAL HIGHWAY ADMINISTRATION, DEPARTMENT OF TRANSPORTATION PART 620_ENGINEERING--Table of Contents Subpart A_Highway Improvements in the Vicinity of Airports Sec. 620.104 Standards. A finding of public interest by FHWA will be based on compliance with airway-highway clearances which conform to FAA standards for aeronautical safety. ...


[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: 23CFR620.201] [Page 132] TITLE 23--HIGHWAYS CHAPTER I--FEDERAL HIGHWAY ADMINISTRATION, DEPARTMENT OF TRANSPORTATION PART 620_ENGINEERING--Table of Contents Subpart B_Relinquishment of Highway Facilities Sec. 620.201 Purpose. Source: 39 FR 33311, Sept. 17, 1974, unless otherwise noted. To prescribe Federal Highway Administration (FHWA) procedures relating to relinquishment of highway facilities. ...


have participated in either right-of-way or physical construction costs of a project. The provisions of this subpart apply only to relinquishment of facilities...


133]] secondary system or after the date that the plans, specifications and estimates (PS&E) for the physical construction on the right-of-way for...


Authority: 23 U.S.C. 109, 315, and 402; Sec. 1073 of Pub. L. 102- 240, 105 Stat. 1914, 2012; 49 CFR 1.48(b) and (n). Source: 62 FR 15397, Apr. 1, 1997,...


(1) Adequately serve the existing and planned future traffic of the highway in a manner that is conducive to safety, durability, and economy of maintenance; and (2) Be...


maintenance resurfacing), restoration, or rehabilitation of a highway on the NHS (other than a highway also on the Interstate System or other freeway) shall be those approved...


the Director of the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51 and are on file at the Office of the Federal Register in Washington, DC. They are...


Source: 61 FR 67174, Dec. 19, 1996, unless otherwise noted. To set forth pavement design policy for Federal-aid...


means a project level activity where detailed engineering and economic considerations are given to alternative combinations of subbase, base, and surface materials which...


[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: 23CFR626.3] [Page 137] TITLE 23--HIGHWAYS CHAPTER I--FEDERAL HIGHWAY ADMINISTRATION, DEPARTMENT OF TRANSPORTATION PART 626_PAVEMENT POLICY--Table of Contents Sec. 626.3 Policy. Pavement shall be designed to accommodate current and predicted traffic needs in a safe, durable, and cost effective manner. ...


Authority: 23 U.S.C. 106(d), 106(f), 112(b), 302, 307, and 315; 49 CFR 18. Source: 62 FR 6868, Feb. 14, 1997, unless otherwise noted. (a) This...


applicable environmental document. A project may consist of several contracts or phases over several years. Value engineering. The systematic application of...


on all Federal-aid highway projects on the NHS with an estimated cost of $25 million or more. Program procedures should provide for the identification of candidate...


Purpose. 630.104 Applicability. 630.106 Authorization to proceed. 630.108 Preparation of agreement. 630.110 Modification of...


specifically exempted. (b) Other projects which involve special procedures are to be approved, or authorized as set out in the implementing instructions...


must obtain an authorization to proceed from the FHWA before beginning work on any Federal-aid project. The STD may request an authorization to proceed in writing or...


each Federal-aid project. (b) The STD may develop the project agreement in a format acceptable to both the STD and the FHWA provided the following are included: (1)...


project agreement, a modification of agreement shall be prepared. Agreements should not be modified to replace one Federal fund category with another unless...


and agrees to comply with the applicable terms and conditions set forth in title 23, U.S.C., the regulations issued pursuant thereto, the policies and...


The purpose of this subpart is to prescribe Federal Highway Administration (FHWA) procedures relating to the preparation, submission, and approval of plans,...


projects financed in whole or in part with Federal-aid highway funds and to be undertaken by a State or political subdivision. [69 FR 7118, Feb....


of the PS&E assembly shall be determined by the FHWA. (b) Plans and specifications shall describe the location and design features and the construction requirements...


The purpose of this subpart is to prescribe procedures for conducting geodetic control surveys when participation with Federal-aid highway funds in the cost thereof is proposed...


Federal-aid highway projects. (b) All geodetic survey work performed as a Federal-aid highway project will conform to National Ocean Survey (NOS) specifications. NOS...


[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: 23CFR630.403] [Page 142] TITLE 23--HIGHWAYS CHAPTER I--FEDERAL HIGHWAY ADMINISTRATION, DEPARTMENT OF TRANSPORTATION PART 630_PRECONSTRUCTION PROCEDURES--Table of Contents Subpart D_Geodetic Markers Sec. 630.403 Initiation of projects. All projects shall be coordinated by the FHWA Division Administrator, the State highway department and the National Ocean Survey. ...


for horizontal control along Federal-aid highway routes at spacings of three to eight kilometers (about 2 to 5 miles) and station markers for vertical control...


The purpose of this subpart is to prescribe procedures for advancing the construction of Federal-aid highway projects without obligating Federal funds apportioned...


substitute, congestion mitigation and air quality improvement program, surface transportation program, bridge replacement and rehabilitation, or planning and research...


and be processed in the same manner as a regular Federal-aid project, except, (1) The FHWA authorization does not constitute any commitment of Federal funds...


written request to the FHWA that a project be converted to a regular Federal-aid project at any time provided that sufficient Federal-aid funds and obligation authority...


The purpose of this subpart is to prescribe procedures for the construction and financing, by an agency of the Federal Government, of public highway bridges over dams...


connect the bridge with existing public highways, must be eligible for inclusion in the Federal-aid highway system, if not already a part...


(a) A certification that the bridge is economically desirable and needed as a link in the Federal-aid highway system. (b) A statement showing the source...


The purpose of this subpart is to provide guidance and establish procedures to assure that adequate consideration is given to motorists, pedestrians,...


\1\ sets forth basic priniciples and prescribes standards for the design, application, installation, and maintenance of the various types of traffic control devices...


each highway agency shall develop and implement procedures consonant with the requirements of this regulation that will assure the safety of motorists, pedestrians,...


the highway agency's implementation of its procedures at appropriate intervals. The FHWA shall take appropriate action to assure that the highway agency's procedures...


include, but not necessarily be limited to the following: (a) Traffic control plan (TCP). (1) A traffic control plan is a plan for handling traffic through a specific...


Subpart A_Federal-Aid Construction Contracts (Other Than Appalachian Contracts) Sec. 633.101...


(a) The required contract provisions and the required proposal notices apply to all Federal-aid construction contracts other than Appalachian construction contracts. (b)...


All required contract provisions contained in Form FHWA-1273 are requirements of regulations promulgated by the FHWA or other Federal agencies.The authority for each...


(a) Form FHWA-1273 will be maintained by the FHWA and as regulatory revisions occur, the form will be updated. (b) Current copies of Form FHWA-1273, Required Contract...


1.48(b)(35). Source: 39 FR 35146, Sept. 30, 1974, unless otherwise noted. The purpose of the regulations in this subpart is to establish policies...


(ARC) established by the Appalachian Regional Development Act of 1965, as amended (Act). (b) The term division administrator'' means the chief Federal...


of title 23 U.S.C., that are applicable to the construction and maintenance of Federal-aid primary and secondary highways, and which the Secretary of Transportation...


under the Act shall be as determined by the Commission, but in no event shall such Federal assistance exceed 70 per centum of the cost of such a project. (b) The...


Act, projects located on the Appalachian Development Highway System including preliminary engineering, right-of-way, and/or construction may be programed and advanced with...


the Appalachian program shall contain the following paragraphs: (1) ``For projects constructed under section 201 of the Appalachian Regional Development Act of 1965,...


be in accordance with the State highway department standard construction specifications approved for use on Federal-aid primary projects and special provisions and...


Act, whether on the development system or local access roads, shall be the responsibility of the State. The State may arrange for maintenance of such roads or portions...


highway department shall include the notices set forth in appendix D in all future bidding proposals for Appalachian Development System and Appalachian local access...


suitable provisions for termination by the State, including the manner in which the termination will be effected and the basis for settlement. In addition, such...


suitable provisions for termination by the State, including the manner in which the termination will be effected and the basis for settlement. In addition, such...
...


Definitions. 635.103 Applicability. 635.104 Method of construction. 635.105 Supervising agency. 635.106 Use of publicly...


Administrator. Calendar day means each day shown on the calendar but, if another definition is set forth in the State contract specifications, that definition...


[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: 23CFR635.103] [Page 161] TITLE 23--HIGHWAYS CHAPTER I--FEDERAL HIGHWAY ADMINISTRATION, DEPARTMENT OF TRANSPORTATION PART 635_CONSTRUCTION AND MAINTENANCE--Table of Contents Subpart A_Contract Procedures Sec. 635.103 Applicability. The policies, requirements, and procedures prescribed in this subpart shall apply to all Federal-aid highway projects. [69 FR 7118, Feb. 13, 2004] ...


by competitive bidding; unless, as provided in Sec. 635.104(b), the STD demonstrates to the satisfaction of the Division Administrator that some other method is...


projects, and is not relieved of such responsibility by authorizing performance of the work by a local public agency or other Federal agency. The STD shall...


compete with privately owned equipment on a project to be let to contract. There may be exceptional cases, however, in which the use of equipment of the State or local...


lettings in a balanced program providing contracts of such size and character as to assure an opportunity for all sizes of contracting organizations to compete....


(a) To insure full compliance with all applicable Federal, State, and local laws governing safety, health and sanitation; and (b) To require that the contractor shall...


of this section, the following changed conditions contract clauses shall be made part of, and incorporated in, each highway construction project approved under 23...


STD proposes to use for qualifying and licensing contractors, who may bid for, be awarded, or perform Federal-aid highway contracts, shall be submitted to the...


Federal-aid and State-financed highway projects for bidding purposes where it appears that by so doing more favorable bids may be received. To avoid discrimination...


project, nor shall any project be advertised for bids, prior to authorization by the Division Administrator. (b) The advertisement and approved plans...


terms of the advertisement shall be publicly opened and announced either item by item or by total amount. If any bid received is not read aloud, the name of the bidder and...


awarded only on the basis of the lowest responsive bid submitted by a bidder meeting the criteria of responsibility as may have been established by the STD in accordance...


on the contract unit prices and estimated quantities shall be prepared by the STD and submitted to the Division Administrator as soon as practicable for use in the...


specify the minimum percentage of work that a contractor must perform with its own organization. This percentage shall be not less than 30 percent of the total...


at the work site or within the limits of any Federal-aid highway construction project from the time of award of the contract or the start of work on force account until...


wages paid, filed with the State as set forth in the required contract provisions for the project, are to be retained by the STD for the time period pursuant to 49 CFR...


in one or more places where it is readily available to and viewable by all personnel concerned with the project: Notice to All Personnel Engaged on...


major changes in the plans and contract provisions and all major extra work shall have formal approval by the Division Administrator in advance of their effective...


procedures for the determination of contract time. These procedures should be submitted for approval to the Division Administrator within 6 months of the effective date...


to the STD of construction accomplished as the work progresses, based on a request for reimbursement submitted by State transportation departments. When the contract...


effect which will provide adequate assurance that the quantities of completed work are determined accurately and on a uniform basis throughout the State. All...


and extent of Federal-aid participation up to the Federal statutory share in a contract claim award made by a State to a Federal-aid contractor on the basis of an arbitration...


provisions for termination by the State, including the manner by which the termination will be effected and the basis for settlement. In addition, such contracts...


required to facilitate FHWA's efforts to compile data on Federal-aid contracts for the establishment of highway construction usage factors. (b) On all Federal-aid...


department (STD) shall establish specific liquidated damages rates applicable to projects in that State. The rates may be project-specific or may be in the form of a...


23 U.S.C. 112(b) for a State transportation department to request approval that highway construction work be performed by some method other than contract awarded...


projects financed in whole or in part with Federal funds and to be constructed by a State transportation department or a subdivision thereof in pursuant of...


subpart: (a) A State transportation department is that department, commission, board, or official of any State charged by its laws with the responsibility for...


expressly provided that the contract method based on competitive bidding shall be used by a State transportation department or county for performance of highway work financed with...


State transportation department or county to undertake a federally financed highway construction project by force account when a situation exists in which the rights...


To prescribe the policies and procedures under which a State transportation department may be authorized to advance a Federal-aid highway project to the...


[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: 23CFR635.303] [Page 176] TITLE 23--HIGHWAYS CHAPTER I--FEDERAL HIGHWAY ADMINISTRATION, DEPARTMENT OF TRANSPORTATION PART 635_CONSTRUCTION AND MAINTENANCE--Table of Contents Subpart C_Physical Construction Authorization Sec. 635.303 Applicability. The provisions of this subpart are applicable to all Federal-aid highway construction projects. [69 FR 7119, Feb. 13, 2004] ...


a project is considered to consist of the actual construction of the highway itself with its appurtenant facilities. It includes any removal, adjustment or demolition...


are to be so coordinated with the physical construction that no unnecessary delay or cost for the physical construction will occur. (b) All right-of-way clearance, utility,...


bids or to proceed with force account construction thereof shall normally be issued as soon as, but not until, all of the following conditions have been met: (a)...


The purpose of this subpart is to prescribe requirements and procedures relating to product and material selection and use on Federal-aid...


(a) FHWA Division Administrator means the chief Federal Highway Administration (FHWA) official assigned to conduct business in a particular State; ...


[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: 23CFR635.405] [Page 179] TITLE 23--HIGHWAYS CHAPTER I--FEDERAL HIGHWAY ADMINISTRATION, DEPARTMENT OF TRANSPORTATION PART 635_CONSTRUCTION AND MAINTENANCE--Table of Contents Subpart D_General Material Requirements Sec. 635.405 Applicability. The requirements and procedures prescribed in this subpart apply to all contracts relating to Federal-aid highway projects. [69 FR 7119, Feb. 13, 2004] ...


projects shall require the contractor to furnish all materials to be incorporated in the work and shall permit the contractor to select the sources from which the materials...


be enforced by any State transportation department in connection with a project which may operate: (a) To require the use of or provide a price differential in...


and be given precedence over any requirements of this subpart which are contrary to this section. However, nothing in this section shall be construed to be contrary to...


or indirectly, in payment for any premium or royalty on any patented or proprietary material, specification, or process specifically set forth in the plans...


National Highway System (NHS) construction contracts in accordance with the following: (a) Warranty provisions shall be for a specific construction product or feature....


convict labor may only be incorporated in a Federal-aid highway construction project if such materials have been: (1) Produced by convicts who are on parole, supervised...


does this part do? 636.102 Does this part apply to me? 636.103 What are the definitions of terms used in this part? 636.104 Does this part apply to...


for the general public and business community to use. The section headings and text, often in the form of questions and answers, must be read together. (b)...


part, the definitions in 23 U.S.C. 101(a) are applicable to this part. Also, the following definitions are used: Adjusted low bid means a form of best value selection in...


part apply to all Federal-aid design-build projects within the highway right-of-way or linked to a Federal-aid highway project (i.e., the project would not exist without...


[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: 23CFR636.105] [Page 187] TITLE 23--HIGHWAYS CHAPTER I--FEDERAL HIGHWAY ADMINISTRATION, DEPARTMENT OF TRANSPORTATION PART 636_DESIGN-BUILD CONTRACTING--Table of Contents Subpart A_General Sec. 636.105 Is the FHWA requiring the use of design-build? No, the FHWA is neither requiring nor promoting the use of the design-build contracting method. The design-build contracting technique is optional. ...


contracting technique for any qualified or non-qualified project which you deem to be appropriate on the basis of project delivery time, cost, construction schedule...


(a) No, the use of the term ``qualified project'' does not limit the use of design-build contracting. It merely determines the FHWA's procedures for approval. The FHWA...


this part, a Federal-aid ITS design-build project meets the criteria of a ``qualified project'' if: (a) A majority of the scope of services provides ITS services (at...


terms of the design-build procurement process: (a) The RFQ solicitation may be released prior to the conclusion of the NEPA review process as long as the RFQ solicitation...


own procedures for the solicitation and receipt of proposals and information including the following: (a) Exchanges with industry before receipt of proposals; (b)...


as a substitute for portions of a written proposal can be effective in streamlining the source selection process. Oral presentations may occur at any time in...


who have submitted responsive proposals. The decision to do so should be based on your analysis of the estimated proposal development costs and the anticipated degree...


Federal-aid participation. Stipends are recommended on large projects where there is substantial opportunity for innovation and the cost of submitting a proposal is...


allocate the risks in the RFP document and define these risks in the contract. Risk should be allocated with consideration given to the party who is in the best position...


(a) Yes, information exchange at an early project stage is encouraged if it facilitates your understanding of the capabilities of potential offerors. However,...


(a) State statutes or policies concerning organizational conflict of interest should be specified or referenced in the design-build RFQ or RFP document as well as any contract...


owner? State laws and procedures governing improper business practices and personal conflicts of interest will apply to the owner's selection team members. In...


major factor in the selection of the successful design-builder, team member switching (adding or switching team members) is discouraged after contract award. However, the owner...


(a) In order for a project being developed under a public-private agreement to be eligible for Federal-aid funding (including traditional Federal-aid funds, direct loans,...


using two-phase selection procedures for all design-build projects. However, if you do not believe two-phase selection procedures are appropriate for your project (based on...


consider the following criteria in deciding whether two- phase selection procedures are appropriate. A negative response may indicate that two-phase selection procedures are...


The first phase consists of short listing based on a RFQ. The second phase consists of the receipt and evaluation of price and technical proposals in response to...


the following items in any phase-one solicitation: (a) The scope of work; (b) The phase-one evaluation factors and their relative weights, including: ...


is one indicator of an offeror's ability to perform the contract successfully. Past performance information may be used as an evaluation criteria in either...


In the case of an offeror without a record of relevant past performance or for whom information on past performance is not available, the offeror may not be...


listed, however, the maximum number specified shall not exceed five unless you determine, for that particular solicitation, that a number greater than five is in your...


Yes, you may use your existing prequalification procedures for either construction or engineering design firms as a supplement to the procedures in...


the requirements for technical proposals and price proposals in the phase-two solicitation. All factors and significant subfactors that will affect contract award and...


(a) Modified design-build selection procedures (lowest price technically acceptable source selection process) may be used for any project. (b) The solicitation...


tradeoff technique when it is desirable to award to other than the lowest priced offeror or other than the highest technically rated offeror. (b) If you use a...


the source selection records must include the following: (a) An assessment of each offeror's ability to accomplish the technical requirements; and (b) A...


and significant subfactors should be tailored to the acquisition. (b) Evaluation factors and significant subfactors should: (1) Represent the key areas...


(a) The selection of the evaluation factors, significant subfactors and their relative importance are within your broad discretion subject to the...


(a) If you use a prequalification procedure or a two-phase selection procedure to develop a short list of qualified offerors, then pre- qualification criteria should not...


an assessment of the offeror's proposal and ability to perform the prospective contract successfully. You must evaluate proposals solely on the factors and subfactors specified in...


Normally, technical and price proposals are reviewed independently by separate evaluation teams. However, there may be occasions where the same experts needed to review...


Verbal or written information exchanges (such as in the first-phase of a two-phase selection procedure) must be consistent with State and/or local procurement...


Certain types of information exchange may be desirable at different points after the release of the RFP document. The following table summarizes the types of...


of proposals which would enhance your understanding of an offeror's proposal. This includes such information as an offeror's past performance or information regarding...


the competitive range can be limited for purposes of efficiency, you may limit the number of proposals to the greatest number that will permit an efficient...


have developed a short list of firms, you may still establish a competitive range. The short list is based on qualifications criteria. The competitive range is based on the rating...


establishing the competitive range, you may conduct communications to: (a) Enhance your understanding of proposals; (b) Allow reasonable interpretation of the...


competitive range, you must do the following: (a) Hold communications with offerors whose past performance information is the determining factor preventing them from...


be used to: (1) Cure proposal deficiencies or material omissions; (2) Materially alter the technical or cost elements of the proposal; and/or (3) Otherwise...


provide an opportunity for an offeror to revise its proposal, but may address the following: (1) Ambiguities in the proposal or other concerns (e.g., perceived...


discussions may include bargaining. The term bargaining may include: persuasion, alteration of assumptions and positions, give-and-take, and may apply to price,...


[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: 23CFR636.502] [Page 196] TITLE 23--HIGHWAYS CHAPTER I--FEDERAL HIGHWAY ADMINISTRATION, DEPARTMENT OF TRANSPORTATION PART 636_DESIGN-BUILD CONTRACTING--Table of Contents Subpart E_Discussions, Proposal Revisions and Source Selection Sec. 636.502 Why should I use discussions? You should use discussions to maximize your ability to obtain the best value, based on the requirements and the evaluation factors set forth in the solicitation. ...


Yes, in competitive acquisitions, the solicitation must notify offerors of your intent. You should either: (a) Notify offerors that discussions may or may not be held...


but circumstances change, may I still hold discussions? Yes, you may still elect to hold discussions when circumstances dictate, as long as the rationale...


discussions with offerors? Yes, if discussions are held, they must be conducted with all offerors in the competitive range. If you wish to hold discussions and do...


be tailored to each offeror's proposal. Discussions must cover significant weaknesses, deficiencies, and other aspects of a proposal (such as cost or price, technical approach,...


offerors? You may not engage in conduct that: (a) Favors one offeror over another; (b) Reveals an offeror's technical solution, including...


that its price is considered to be too high, or too low, and reveal the results of the analysis supporting that conclusion. At your discretion, you may indicate to all offerors...


(a) Yes, you may request or allow proposal revisions to clarify and document understandings reached during discussions. At the conclusion of discussions, each offeror shall be given...


Yes, you may further narrow the competitive range if an offeror originally in the competitive range is no longer considered to be among the most highly rated offerors...


conclusion of discussions will the offerors be requested to submit a final proposal revision, also called best and final offer (BAFO). Thus, regardless of the length or number...


the source selection decision on a comparative assessment of proposals against all selection criteria in the solicitation. While you may use reports and analyses prepared by...


the source selection but prior to contract execution, you may conduct limited negotiations with the selected design-builder to clarify any remaining issues regarding...


or post-award notifications in accordance with State approved procedures. If an offeror requests a debriefing, you may provide pre-award or post-award debriefings in...


Subpart B_Quality Assurance Procedures for Construction Sec. 637.201 Purpose. 637.203 Definitions. 637.205 Policy. 637.207 Quality assurance...


State transportation department's (STD) determination of the quality of the product as specified in the contract requirements. These factors include verification...


quality assurance program which will assure that the materials and workmanship incorporated into each Federal-aid highway construction project on the NHS are in...


shall provide for an acceptance program and an independent assurance (IA) program consisting of the following: (1) Acceptance program. (i) Each...


(a) Laboratories. (1) After June 29, 2000, all contractor, vendor, and STD testing used in the acceptance decision shall be performed by qualified laboratories. ...


Applicability. 645.105 Definitions. 645.107 Eligibility. 645.109 Preliminary...


a State transportation department (STD) for costs incurred under an approved and properly executed transportation department (TD)/utility agreement and for payment of...


apply: Authorization--for Federal-aid projects authorization to the STD by the FHWA, or for direct Federal projects authorization to the utility by the FHWA, to...


to the provisions of Sec. 645.103(d) of this part and at the pro rata share applicable, in an amount actually paid by an TD for the costs of utility relocations. Federal...


the provisions of paragraph (b) of this section, preliminary engineering activities associated with utility relocation work may be done by: (1) The TD's or...


provided: (1) The utility has the right of occupancy in its existing location beause it holds the fee, an easement, or another real property interest,...


utility relocations, the utility and the TD shall agree in writing on their separate responsibilities for financing and accomplishing the relocation work. When...


required for force account work), states that it is cost- effective for certain utility adjustments to be performed by a utility with its own forces and...


utility relocation costs shall be recorded by means of work orders in accordance with an approved work order system except when another method of developing and recording...


of utility relocations or adjustments under the provisions of this regulation. Under this procedure, except as otherwise provided in paragraph (b) of this section,...


and procedures for accommodating utility facilities and private lines on the right-of-way of Federal-aid or direct Federal...


Federal-aid or direct Federal highway projects, (b) Existing utility facilities which are to be retained, relocated, or adjusted within the right-of-way of...


utility facilities to be accommodated on the right-of-way of a Federal-aid or direct Federal highway project when such use and occupancy of the highway right-of-way do not...


Aesthetic quality--those desirable characteristics in the appearance of the highway and its environment, such as harmony between or blending of natural and manufactured...


of sole, importance when accommodating utility facilities within highway right-of-way. Utilities provide an essential public service to the general public. Traditionally, as...


of the AASHTO publications, ``A Guide for Accommodating Utilities Within Highway Right-of-Way'' and ``Roadside Design Guide'' to assist in the evaluation of adequacy of...


occupancy agreements setting forth the terms under which the utility is to cross or otherwise occupy the highway right-of-way, must include or incorporate by reference: ...


on the authority of utilities to use and occupy the right-of- way of State highways, the State transportation department's power to regulate such use, and the policies the...


Application. 646.105 Contractor's public liability and property damage insurance. 646.107 Railroad protective insurance. 646.109 Types...


injury to, or death of, persons and for injury to, or destruction of, property. (2) To the liability which may attach to railroads for bodily injury to, or death of,...


to liability with respect to bodily injury to or death of persons, and injury to, or destruction of property, which may be suffered by persons other than their own...


hazards of railroad-highway crossings and other highway construction projects located in whole or in part within railroad right-of-way, railroad protective liability...


of occurrences arising out of the work of the contractor on or about the railroad right-of-way, independent of the railroad's general supervision or control, except as...


with respect to bodily injury, death and property damage is limited to a combined amount of $2 million per occurrence with an aggregate of $6 million applying...


(a) The purpose of this subpart is to prescribe policies and procedures for advancing Federal-aid projects involving railroad facilities. ...


devices means those traffic control devices activated by the approach or presence of a train, such as flashing light signals, automatic gates and similar devices, as well...


railroad-highway crossings may include but are not limited to: (1) Grade crossing elimination; (2) Reconstruction of existing grade separations; and ...


appropriate for the involved project. (b) Projects for the elimination of hazards at railroad/highway crossings may, at the option of the State, be funded with the...


share in the cost of work for the elimination of hazards at railroad-highway crossings shall not apply to Federal-aid projects. (b) Pursuant to 23 U.S.C. 130(b), and 49...


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...


operation shall conform to the specifications and design standards used by the railroad in its normal practice, subject to approval by the State highway agency and FHWA. ...


govern projects undertaken pursuant to this subpart. (b) Preliminary engineering and engineering services. (1) As mutually agreed to by the State highway...


in this section is encouraged for use in simplifying and accelerating the processing of single or multiple grade crossing improvements. (b) Eligible preliminary...


be used, at the election of the State, for processing certain types of railroad-highway work. Under this procedure, the State highway agency will act in the...


of Encroachments on Flood Plains Sec. 650.101 Purpose. 650.103 Policy. 650.105 Definitions. 650.107 Applicability. 650.109 Public...


encourage a broad and unified effort to prevent uneconomic, hazardous or incompatible use and development of the Nation's flood plains, (b) To avoid longitudinal...


reconstruction, rehabilitation, repair, or improvement undertaken with Federal or Federal-aid highway funds or FHWA approval. (b) Base flood shall mean the flood...


apply to all encroachments and to all actions which affect base flood plains, except for repairs made with emergency funds (23 CFR part 668) during or immediately...


meet the public involvement requirements of 23 CFR part 771 shall be used to provide opportunity for early public review and comment on alternatives which...


Program (NFIP) maps or information developed by the highway agency, if NFIP maps are not available, shall be used to determine whether a highway location alternative...


which includes a significant encroachment shall not be approved unless the FHWA finds that the proposed significant encroachment is the only practicable alternative....


encroachment shall be supported by analyses of design alternatives with consideration given to capital costs and risks, and to other economic, engineering, social...


be commensurate with the risk associated with the encroachment and with other economic, engineering, social or environmental concerns. (b) Studies by highway...


noted. The purpose of this subpart is to prescribe policies and procedures for the control of erosion, abatement of water pollution, and prevention of...


(FHWA) that all highways funded in whole or in part under title 23, United States Code, shall be located, designed, constructed and operated according to standards...


actions that are taken to inhibit the dislodging and transporting of soil particles by water or wind, including actions that limit the area of exposed soil and minimize...


be placed on erosion control in the preparation of plans, specifications and estimates. (b) All reasonable steps shall be taken to insure that highway project designs...


measures and practices shall be established and implemented at the earliest practicable time consistent with good construction and management...


Guidelines, Volume III, ``Erosion and Sediment Control in Highway Construction,'' 1992,\1\ as guidelines to be followed on all construction projects funded under title...


in this part apply to all structures defined as bridges located on all public roads. In acordance with the AASHTO (American Association of State Highway...


bridge inspection organization capable of performing inspections, preparing reports, and determining ratings in acordance with the provisions of the AASHTO Manual \1\ and...


regular intervals not to exceed 2 years in accordance with section 2.3 of the AASHTO Manual. (b) Certain types or groups of bridges will require inspection at less...


organizational unit that has been delegated the responsibilities for bridge inspection, reporting, and inventory shall possess the following minimum qualifications: (1) Be...


be recorded on standard forms. The data required to complete the forms and the functions which must be performed to compile the data are contained in section 3 of the...


all bridge structures subject to the Standards. Under these Standards, certain structure inventory and appraisal data must be collected and retained within the...


noted. The purpose of this regulation is to prescribe policies and outline procedures for administering the Highway Bridge Replacement and Rehabilitation...


(a) Bridge. A structure, including supports, erected over a depression or an obstruction, such as water, a highway, or a railway, having a track or passageway for carrying traffic...


all public roads may be eligible for replacement or rehabilitation. (b) Types of projects which are eligible. The following types of work are eligible for participation...


(a) Agencies participate in the bridge program by conducting bridge inspections and submitting Structure Inventory and Appraisal (SI&A) sheet inspection data. Federal and...


bridges. Upon receipt and evaluation of the bridge inventory, a sufficiency rating will be assigned to each bridge by the Secretary in accordance with the approved AASHTO...


(a) Consideration shall be given to projects which will remove from service highway bridges most in danger of failure. (b) Submission and approval of projects. (1)...


Bridge Replacement and Rehabilitation Program are available for obligation at the beginning of the fiscal year for which authorized and remain available for expenditure...


[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: 23CFR650.415] [Page 237] TITLE 23--HIGHWAYS CHAPTER I--FEDERAL HIGHWAY ADMINISTRATION, DEPARTMENT OF TRANSPORTATION PART 650_BRIDGES, STRUCTURES, AND HYDRAULICS--Table of Contents Subpart D_Highway Bridge Replacement and Rehabilitation Program Sec. 650.415 Reports. The Secretary must report annually to the Congress on projects approved and current inventories together with recommendations for further improvements. Subparts E-F [Reserved] ...


The purpose of this regulation is to describe a rating factor used as part of a selection process of allocation of discretionary bridge funds made available...


system roads may be eligible for allocation of discretionary bridge funds to the same extent as they are for bridge funds apportioned under 23 U.S.C. 144, provided...


field offices, the FHWA will issue an annual call for discretionary bridge candidate submittals including updates of previously submitted but not selected projects. Each State...


the selection process for ranking discretionary bridge candidates. [GRAPHIC] [TIFF OMITTED] TR15OC02.010 The lower the rating factor, the higher the priority for...


bridge projects will be based upon the rating factor priority ranking. However, although not specifically included in the rating factor formula, special...


The purpose of this regulation is to establish policy and to set forth coordination procedures for Federal-aid highway bridges which require...


which meet the reasonable needs of navigation and [[Page 239]] provide for cost-effective highway operations, (b) To provide fixed bridges...


23 U.S.C. 144(h) to determine that a USCG permit is not required for bridge construction. This determination shall be made at an early stage of project development...


to determine whether a USCG permit is required for the improvement or construction of a bridge over navigable waters except for the exemption exercised by FHWA in...


If there are social, economic, environmental or engineering reasons which favor the selection of a movable bridge, a cost benefit analysis to support the need for...


Planning. 652.13 Design and construction criteria. Authority: 23 U.S.C. 109, 217, 315, 402(b)(1)(F); 49 CFR 1.48(b). Source: 49 FR...


which any person or persons may ride. (b) Bikeway. Any road, path, or way which in some manner is specifically designated as being open to bicycle travel,...


Federal-aid highway projects, and during the construction of such projects. The special needs for the elderly and the handicapped shall be considered in all Federal-aid...


be principally for transportation rather than recreational use and must meet the project conditions for authorization where applicable. (b) The implementation of...


shall be financed with 100 percent Federal-aid primary, secondary or urban highway funds, provided the total amount obligated for all such projects in any one State in...


transportation improvement program/annual (or biennial) element unless excluded by agreement between the State and the metropolitan...


Development of New Bicycle Facilities, 1981'' (AASHTO Guide) or equivalent guides developed in cooperation with State or local officials and acceptable to the division office...


[Reserved] Subpart F_Traffic Control Devices on Federal-Aid and Other Streets and Highways 655.601...


[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: 23CFR655.602] [Page 244] TITLE 23--HIGHWAYS CHAPTER I--FEDERAL HIGHWAY ADMINISTRATION, DEPARTMENT OF TRANSPORTATION PART 655_TRAFFIC OPERATIONS--Table of Contents Subpart F_Traffic Control Devices on Federal-Aid and Other Streets and Highways Sec. 655.602 Definitions. The terms used herein are defined in accordance with definitions and usages contained in the MUTCD and 23 U.S.C. 101(a). ...


The MUTCD approved by the Federal Highway Administrator is the national standard for all traffic control devices installed on any street, highway, or bicycle trail open...


(a) Programs. Programs for the orderly and systematic upgrading of existing traffic control devices or the installation of needed traffic control devices on or off the...


Federal-aid highways. Federal-aid projects involving the installation of traffic control devices shall follow procedures as established in 23 CFR part 630, subpart A,...


The use of signing, pavement marking, and signal materials (or equipment) having distinctive performance characteristics, but costing more than other materials (or equipment)...


(1) Funds apportioned or allocated under 23 U.S.C. 104(b) are eligible to participate in projects to install traffic control devices in accordance with the MUTCD on...


U.S.C. 146 and 315; sec. 126 of the Surface Transportation Assistance Act of 1978, Pub. L. 95-599, 92 Stat. 2689; 49 CFR 1.48(b). Source: 47 FR 43024, Sept....


[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: 23CFR656.3] [Page 249] TITLE 23--HIGHWAYS CHAPTER I--FEDERAL HIGHWAY ADMINISTRATION, DEPARTMENT OF TRANSPORTATION PART 656_CARPOOL AND VANPOOL PROJECTS--Table of Contents Sec. 656.3 Policy. Section 126(d) of the Surface Transportation Assistance Act of 1978 declares that special effort should be made to promote commuter modes of transportation which conserve energy, reduce pollution, and reduce traffic congestion. ...


Federal-aid primary, secondary, or urban system funds depending on the system served. The Federal share payable will be in accordance with the provisions of 23 U.S.C. 120....


the funding of carpools so as to allow the State to contribute as its share of the non- Federal match essential project-related work and services performed by local...


a plan for enforcement. 657.11 Evaluation of operations. 657.13 Certification requirement. 657.15 Certification content. 657.17 Certification submittal. 657.19 Effect...


[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: 23CFR657.3] [Page 251] TITLE 23--HIGHWAYS CHAPTER I--FEDERAL HIGHWAY ADMINISTRATION, DEPARTMENT OF TRANSPORTATION PART 657_CERTIFICATION OF SIZE AND WEIGHT ENFORCEMENT--Table of Contents Sec. 657.3 Definition. Enforcing or enforcement means all actions by the State to obtain compliance with size and weight requirements by all vehicles operating on the FA Interstate, primary, urban, and secondary systems. ...


are discouraged and that vehicles traversing the highway system do not exceed the limits specified by law. These size and weight limits are based upon...


vehicles of excessive size and weight and provides a systematic approach to eliminate violations and thus improve...


The plan shall describe the procedures, resources, and facilities which the State intends to devote to the enforcement of its vehicle size and weight laws. Each State plan...


the FHWA division office by July 1 of each year. However, if a State's legislative or budgetary cycle is not consonant with that date, the FHWA and the State may jointly select...


it is enforcing all State laws respecting maximum vehicle size and weight permitted on what, prior to October 1, 1991, were the Federal-aid Primary, Secondary, and...


the response is negative: (a) A statement by the Governor of the State, or an official designated by the Governor, that the State's vehicle weight laws and...


the Office of Motor [[Page 254]] Carriers in the FHWA division office prior to January 1 of each year. (b) The Office of Motor Carriers in the FHWA division...


required by this regulation or if the Secretary determines that a State is not adequately enforcing all State laws respecting maximum vehicle sizes and weights on FA...


certification conforming to the requirements of this regulation, or that the State is not adequately enforcing State laws respecting maximum vehicle size and weight, including...


National Network criteria. 658.11 Additions, deletions, exceptions, and restrictions. 658.13 Length. 658.15 Width. 658.16 Exclusions...


safe and efficient National Network of [[Page 257]] highways that can safely and efficiently accommodate the large vehicles authorized by the STAA. This network...


the transport of assembled highway vehicles, including truck camper units. Beverage semitrailer. A van-type, drop-frame semitrailer designed and used...


the transport of assembled highway vehicles, including truck camper units. Beverage semitrailer. A van-type, drop-frame semitrailer designed and used...


the National Network and reasonable access thereto. However, nothing in this regulation shall be construed to prevent any State from applying any weight and size limits...


available for use by commerical motor vehicles of the dimensions and configurations described in Sec. Sec. 658.13 and 658.15. (b) For those States with detailed lists...


substantially intact, FHWA retains the authority to rule upon all requested additions to and deletions from the National Network as well as requests for the...


vehicle combinations: (1) Truck tractor-semitrailer (2) Truck tractor-semitrailer-trailer. The length provisions apply only when these combinations are in use...


or its approximate metric equivalent, 2.6 meters (102.36 inches) on a vehicle operating on the National Network, except for the State of Hawaii, which is allowed to keep...


or its approximate metric equivalent, 2.6 meters (102.36 inches) on a vehicle operating on the National Network, except for the State of Hawaii, which is allowed to keep...


law or regulation shall be included in the measurement of the length and width of commercial motor vehicles. (b) The following shall be excluded from either the measured...


Interstate and Defense Highways and reasonable access thereto. (b) The maximum gross vehicle weight shall be 80,000 pounds except where lower gross vehicle weight is dictated...


vehicles with dimensions authorized by the STAA between the NN and terminals and facilities for food, fuel, repairs, and rest. In addition, no State may enact or enforce...


the routes or provide maps of lists of highways describing the National Network. (b) Exceptional local conditions on the National Network shall be signed. All signs...


the routes or provide maps of lists of highways describing the National Network. (b) Exceptional local conditions on the National Network shall be signed. All signs...
...


Definitions. 660.105 Planning and route designation. 660.107 Allocations. 660.109 Program development. 660.111...


to this subpart: Cooperator means a non-Federal public authority which has jurisdiction and maintenance responsibility for a FH. Forest highway means a...


related transportation information to the appropriate MPO and/or State Highway Agency (SHA) for use in developing metropolitan and statewide transportation plans pursuant...


of Public Lands Highway funds, by FS Region, for FHs using values based on relative transportation needs of the NFS, after deducting such sums as deemed necessary for...


the FS and the SHA to jointly select the projects which will be included in the programs for the current fiscal year and at least the next 4 years. Projects included in...


FS, and each SHA. This agreement shall set forth the responsibilities of each party, including that of adherence to the applicable provisions of Federal and State statutes...


be developed in accordance with FHWA procedures for the Federal Lands Highway Program. Projects to be administered by a cooperator shall be developed in accordance...


specifications, and estimates have been concurred in by the cooperator(s) and the FS, and approved in accordance with procedures contained in the statewide...


the project in accordance with Sec. 660.113(c), assume operation responsibilities and maintain, or cause to be maintained, any project constructed under...


FH projects may be any amount up to and including 100 percent. A cooperator may participate in the cost of project development and construction, but participation shall...


FR 21924, May 24, 1984, unless otherwise noted. The purpose of this regulation is to prescribe policies and procedures governing evaluations of defense access...


Federal Government may pay its fair share of the cost of: (a) Highway improvements needed for adequate highway service to defense and defense related installations; ...


[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: 23CFR660.505] [Page 320] TITLE 23--HIGHWAYS CHAPTER I--FEDERAL HIGHWAY ADMINISTRATION, DEPARTMENT OF TRANSPORTATION PART 660_SPECIAL PROGRAMS (DIRECT FEDERAL)--Table of Contents Subpart E_Defense Access Roads Sec. 660.505 Scope. This regulation focuses on procedures as they apply to the defense access roads and other special highway programs of the Department of Defense (DOD). ...


defense related industry or source of raw materials. (b) Military Traffic Management Command (MTMC). The military transportation agency with responsibilities assigned...


assume the same responsibility for developing and maintaining adequate highways to permanent defense installations as they do for highways serving private...


proposed improvements for financing with defense access roads funds. The evaluation report will be furnished to MTMC for its use in making the determination of...


roads shall be designed to conform to the same standards as the agency having jurisdiction is currently using for other comparable highways under similar conditions in...


the location, design, and construction of the projects covered by this regulation will be made by the FHWA Division Administrator after consultation with the State...


restore, to their former condition, roads damaged by maneuvers involving a military force at least equal in strength to a ground division or an air wing will be paid from...


a result of construction activities, the contractor would normally be held responsible for restoring the damages. However, should the contractor deny responsibility on...


this regulation? 661.5 What definitions apply to this regulation? 661.7 What is the Indian Reservation Road Bridge Program (IRRBP)? 661.9 How will the bridge project...


estimates (PS&E) for deficient Indian Reservation Road (IRR) bridges and make application for construction funds for the replacement or rehabilitation of...


is the supervision and inspection of construction activities; additional staking functions considered necessary for effective control of the construction operations;...


for improving deficient Indian reservation road (IRR) bridges and reserves not less than $13 million of IRR funds per year to replace and rehabilitate bridges that are in...


for IRR bridges would be based on the order of receipt of a complete application package, i.e., eligibility requirements met, PS&E package is complete, etc....


a bridge construction project has been completed under this program, any excess or surplus funding would be returned to BIADOT/FHWA for use on additional approved...


[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: 23CFR661.13] [Page 324] TITLE 23--HIGHWAYS CHAPTER I--FEDERAL HIGHWAY ADMINISTRATION, DEPARTMENT OF TRANSPORTATION PART 661_INDIAN RESERVATION ROAD BRIDGE PROGRAM--Table of Contents Sec. 661.13 What restrictions are there on the use of the IRRBP funds? The IRRBP funds can only be used for construction and construction engineering (CE) and may not be used for project development. ...


[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: 23CFR661.15] [Page 324] TITLE 23--HIGHWAYS CHAPTER I--FEDERAL HIGHWAY ADMINISTRATION, DEPARTMENT OF TRANSPORTATION PART 661_INDIAN RESERVATION ROAD BRIDGE PROGRAM--Table of Contents Sec. 661.15 What is the total funding available for the IRR Bridge Program? The statute provides a total program funding of not less than $13 million for each fiscal year. ...


[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: 23CFR661.17] [Page 324] TITLE 23--HIGHWAYS CHAPTER I--FEDERAL HIGHWAY ADMINISTRATION, DEPARTMENT OF TRANSPORTATION PART 661_INDIAN RESERVATION ROAD BRIDGE PROGRAM--Table of Contents Sec. 661.17 When will these funds become available? These funds become available on October 1 of each fiscal year. ...


[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: 23CFR661.19] [Page 324] TITLE 23--HIGHWAYS CHAPTER I--FEDERAL HIGHWAY ADMINISTRATION, DEPARTMENT OF TRANSPORTATION PART 661_INDIAN RESERVATION ROAD BRIDGE PROGRAM--Table of Contents Sec. 661.19 When does an eligible project receive funding? The statute provides that these funds are provided after the Secretary of Transportation (FHWA) approves a completed PS&E. [[Page 325]] ...


[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: 23CFR661.21] [Page 325] TITLE 23--HIGHWAYS CHAPTER I--FEDERAL HIGHWAY ADMINISTRATION, DEPARTMENT OF TRANSPORTATION PART 661_INDIAN RESERVATION ROAD BRIDGE PROGRAM--Table of Contents Sec. 661.21 How long will these funds be available? The statute provides that the funds for each fiscal year are available for the year authorized plus three years (a total of four years). ...


paint, apply calcium magnesium acetate to, apply sodium acetate/formate or other environmentally acceptable, minimally corrosive anti-icing and deicing compositions,...


more; (2) Be on an IRR; (3) Be unsafe because of structural deficiencies, physical deterioration or functional obsolescence; and (4) Be recorded in the...


[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: 23CFR661.27] [Page 325] TITLE 23--HIGHWAYS CHAPTER I--FEDERAL HIGHWAY ADMINISTRATION, DEPARTMENT OF TRANSPORTATION PART 661_INDIAN RESERVATION ROAD BRIDGE PROGRAM--Table of Contents Sec. 661.27 When is a bridge eligible for replacement? To be eligible for replacement, the bridge must be considered deficient for reasons of structural deficiency or functional obsolescence. Also, the bridge must have a sufficiency rating of less than 50 to be eligible for replacement. ...


of structural deficiency or functional obsolescence. Also, the bridge must have a sufficiency rating of less than or equal to 80 to be eligible for rehabilitation. A bridge would...


Indian reservations, primary consideration would be given to funding construction projects for deficient BIA owned IRR bridges. We emphasize that consideration could also be...


[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: 23CFR661.33] [Page 325] TITLE 23--HIGHWAYS CHAPTER I--FEDERAL HIGHWAY ADMINISTRATION, DEPARTMENT OF TRANSPORTATION PART 661_INDIAN RESERVATION ROAD BRIDGE PROGRAM--Table of Contents Sec. 661.33 Do IRRBP projects have to be on a transportation improvement program (TIP)? Yes. All IRRBP projects have to be listed on an approved TIP. Under 23 U.S.C. 204(j), IRR bridges must appear on the BIA's IRRBP TIP and be forwarded to the State. ...


80 percent ($10.4 million) of funding in any fiscal year would be available for use on BIA owned IRR bridges. This would leave 20 percent ($2.6 million) of funding in any fiscal...


administration of the IRRBP: (a) 100 percent IRRBP funding would be provided for a BIA owned IRR bridge; (b) Up to 80 percent of the IRRBP funding would be...


only on approval of the PS&E by the Secretary (FHWA). Approval consists of having completed and approved bridge design, specifications and estimates. The project must be...


BIADOT PS&E approval letter, certification checklist and IRRBP TIP. In addition to the preceding items, for non-BIA IRR bridges, the application package must also include a...


that were not funded because the project selection/ fund allocation procedures for distribution of funds for FY 1998 were not in place, the funds for approved projects would be...


developed each fiscal year by the FHWA based on the annual April update of the NBI. The NBI is based on data from the inspection of all bridges. Likewise, a list of non-BIA IRR...


engineer (ARE) approved costs in excess of the project estimate could be funded out of this program depending on the availability of funds and subject to BIADOT/FLH...


[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: 23CFR661.49] [Page 327] TITLE 23--HIGHWAYS CHAPTER I--FEDERAL HIGHWAY ADMINISTRATION, DEPARTMENT OF TRANSPORTATION PART 661_INDIAN RESERVATION ROAD BRIDGE PROGRAM--Table of Contents Sec. 661.49 Could regular IRR funds be used to fund a bridge project? Yes. Regular IRR construction funds can be used to fund a bridge project with the concurrence of the FHWA, BIADOT and the BIA ARE. ...


guard rail repair, deck repairs, repair of traffic control devices, striping, cleaning scuppers, deck sweeping, snow and debris removal, etc. There are maintenance funds...


Definitions. 668.105 Policy. 668.107 Federal share payable. 668.109 Eligibility. 668.111 Application...


definitions shall apply as used in this regulation: Applicant. The State highway agency is the applicant for Federal assistance under 23 U.S.C. 125 for State...


repairing road facilities which have suffered widespread serious damage resulting from a natural disaster over a wide area or serious damage from a catastrophic failure. ...


reconstruction provided for by funds made available under 23 U.S.C. 125 of this title on account of any project on a Federal-aid highway system, including the...


the FHWA Division Administrator of an application for ER and inclusion of the work in an approved program of projects. (1) Prior FHWA approval or authorization is...


the applicant shall notify the FHWA Division Administrator of its intent to apply for ER funds. (b) Damage survey. As soon as practical after occurrence, the...


the FHWA Division Administrator will notify the applicant to proceed with preparation of a program which defines the work needed to restore or replace the...


the administration of emergency relief to Federal agencies for the repair or reconstruction of Federal roads which are found to have suffered serious damage by a...


emergency relief and which has authority to repair or reconstruct Federal roads. (b) Betterments. Added protective features, such as, the relocation...


unusually heavy [[Page 333]] expenses in the repair and reconstruction of Federal roads resulting from damage caused by natural disasters over a wide area...


[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: 23CFR668.207] [Page 333] TITLE 23--HIGHWAYS CHAPTER I--FEDERAL HIGHWAY ADMINISTRATION, DEPARTMENT OF TRANSPORTATION PART 668_EMERGENCY RELIEF PROGRAM--Table of Contents Subpart B_Procedures for Federal Agencies for Federal Roads Sec. 668.207 Federal share payable from emergency fund. The Federal share payable under this program is 100 percent of the cost. [43 FR 59485, Dec. 21, 1978] ...


in accordance with paragraph (a) of Sec. 668.215 unless such work is performed as emergency repairs. (b) Emergency repairs, including permanent work performed...


as soon as possible after a natural disaster or catastrophic failure, each applicant will notify the DFDE of its tentative intent to apply for emergency relief and request that...


damage estimates prepared pursuant to paragraph (e) of Sec. 668.211, the applicant will submit an application in the form of a letter to the DFDE which shall include a list...


applicant in writing which projects in the application, or in any subsequent submittals pursuant to paragraph (c) of Sec. 668.213 are approved including any approval...


content. 669.11 Certification submittal. 669.13 Effect of failure to certify or to adequately obtain proof of payment. 669.15 Procedure...


of payment of the vehicle use tax either before lawfully registering or within 4 months after lawfully registering such vehicles as provided for under a suspension...


provide suitable evidence that an effective program is being conducted by the states and to ensure that the states are not registering vehicles which have not been accounted...


it is obtaining proof of payment of the heavy vehicle use tax as a condition of registration in accordance with 23 U.S.C. 141(d). The certification shall cover the...


a state official designated by the Governor, that evidence of payment of the heavy vehicle use tax is being obtained as a condition of registration for all vehicles subject to...


[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: 23CFR669.11] [Page 335-336] TITLE 23--HIGHWAYS CHAPTER I--FEDERAL HIGHWAY ADMINISTRATION, DEPARTMENT OF TRANSPORTATION PART 669_ENFORCEMENT OF HEAVY VEHICLE USE TAX--Table of Contents Sec. 669.11 Certification submittal. The Governor or an official designated by the Governor, shall each year submit the certification, including the supporting material specified [[Page 336]] in Sec. 669.9 to the FHWA Division Administrator prior to July 1. ...


this regulation or if the Secretary of Transportation determines that a state is not adequately obtaining proof of payment of the heavy vehicle use tax as a condition...


to the requirements of this regulation or that the state is not adequately obtaining proof of payment of the heavy vehicle use tax under 23 U.S.C. 141(d),...


that the state is in compliance, the Administrator shall issue a decision which is the final decision, and the matter shall be concluded. (b) If, following...


funds under 23 U.S.C. 104(b)(5), pending a final determination. (b) Funds withheld pursuant to a final administrative determination under this regulation shall...


including an inspection of supporting documentation and records. The state shall retain a copy of the receipted IRS Schedule 1 (Form 2290), or an acceptable...


Applicability. 710.105 Definitions. Subpart B_Program Administration 710.201 State responsibilities. 710.203 Funding...


States Code is used. The part applies to programs administered by the Federal Highway Administration. Where Federal funds are transferred to other Federal agencies...


where used in this part, except as modified in this section. (b) The following terms where used in this part have the following meaning: Access rights means...


equipped, and organized to discharge its real property-related responsibilities. [[Page 340]] (b) Program oversight. The STD shall have overall...


a prerequisite to Federal participation in the costs of acquiring real property except as provided in Sec. 710.501 for early acquisition: (1) The project for which the...


[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: 23CFR710.301] [Page 342] TITLE 23--HIGHWAYS CHAPTER I--FEDERAL HIGHWAY ADMINISTRATION, DEPARTMENT OF TRANSPORTATION PART 710_RIGHT-OF-WAY AND REAL ESTATE--Table of Contents Subpart C_Project Development Sec. 710.301 General. The project development process typically follows a sequence of actions and approvals in order to qualify for funding. The key steps in this process are provided in this subpart. ...


develop coordinated, financially constrained system plans to meet transportation needs for local and statewide systems, under FHWA's planning regulations contained in 23...


described in FHWA's NEPA regulations in 23 CFR part 771, normally must be conducted and concluded with a record of decision (ROD) or equivalent before Federal funds can...


in writing or electronically before proceeding with any real property acquisitions, including hardship acquisition and protective buying (see 23 CFR 710.503). The...


establishing just compensation, negotiations, administrative and legal settlements, and condemnation. The State shall conduct acquisition and related...


until it is required for construction. Clearance of improvements can be scheduled during the acquisition phase of the project using sale/removal agreements,...


be acquired and cleared in accordance with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended, and STD...


control the use of real property required for a project in which Federal funds participated in any phase of the project. Prior to allowing any change in access control or...


of a [[Page 345]] federally-aided facility is devoted exclusively to the purposes of that facility and is preserved free of all other public or...


airspace on the Interstate for non-highway purposes are included in this section. Although this section deals specifically with approval actions on the Interstate, any use...


Code, funds shall be covered by an agreement between the STD and lessee which contains provisions to insure the safety and integrity of the federally funded facility. It...


may be sold or conveyed to a public entity or to a private party in accordance with Sec. 710.403(d). (b) Federal, State, and local agencies shall be afforded...


acquisition of real property at any time it has the legal authority to do so based on program or project considerations. The State may undertake early acquisition for...


to the STD obtaining final environmental approval, the STD may request FHWA agreement to provide reimbursement for advance acquisition of a particular parcel or a...


owner whose real property is required for a Federal-aid project may donate the property to the STD. Prior to accepting the property, the owner must be informed by...


local governments incorporated within a federally funded project can be used as a credit toward the State matching share of total project cost. A credit cannot exceed...


publicly owned real property, including land and/ or facilities, is to be acquired for a Federal-aid highway project, in lieu of paying the fair market value for the real...


of the United States Code authorizes the expenditure of surface transportation funds for transportation enhancement activities (TEA). Transportation enhancement...


wetlands mitigation, wetlands banking, natural habitat, or other appropriate environmental mitigation is an eligible cost under the Federal-aid program. FHWA participation...


any project undertaken with funds for the National Highway System. When the FHWA determines that a strong Federal transportation interest exists, these provisions may also...


any land and or improvements needed in connection with any project on the Interstate System, defense access roads, public lands highways, park roads, parkways, Indian...


Program Sec. 750.101 Purpose. Subpart A_National Standards for Regulation by States of Outdoor Advertising Adjacent to the...


Program Sec. 750.102 Definitions. The following terms when used in the standards in this part have the following meanings: (a) Acquired...


Program Sec. 750.103 Measurements of distance. (a) Distance from the edge of a right-of-way shall be measured horizontally along a line normal or...


Program Sec. 750.104 Signs that may not be permitted in protected areas. Erection or maintenance of the following signs may not be permitted in...


Program Sec. 750.105 Signs that may be permitted in protected areas. (a) Erection or maintenance of the following signs may be permitted in...


Program Sec. 750.106 Class 3 and 4 signs within informational sites. (a) Informational sites for the erection and maintenance of Class 3 and 4 advertising...


Program Sec. 750.107 Class 3 and 4 signs outside informational sites. (a) The erection or maintenance of the following signs may be permitted...


Program Sec. 750.108 General provisions. No Class 3 or 4 signs may be permitted to be erected or maintained pursuant to Sec. 750.107, and no Class 2 sign...


Program Sec. 750.109 Exclusions. The standards in this part shall not apply to markers, signs and plaques in appreciation of sites of historical...


Program Sec. 750.110 State regulations. A State may elect to prohibit signs permissible under the standards in this part without forfeiting its rights to...


(a) In section 131 of title 23 U.S.C., Congress has declared that: (1) The erection and maintenance of outdoor advertising signs, displays, and devices in...


and notices located within six hundred and sixty (660) feet of the right-of- way of the Interstate and Federal-aid primary systems and to those located beyond six...


outdoor sign, light, display, device, figure, painting, drawing, message, placard, poster, billboard, or other thing which is designed, intended, or used to advertise or inform,...


signs: (a) General. The following signs are prohibited: (1) Signs advertising activities that are illegal under Federal or State laws or regulations in effect at...


maintaining standards which are more restrictive with respect to directional and official signs and notices along the Federal-aid highway systems than these...


U.S.C. 131 and 315; 23 CFR 1.32 and 1.48(b). Source: 39 FR 27436, July 29, 1974, unless otherwise noted. To prescribe the Federal Highway Administration...


shall be paid for the rights and interests of the sign and site owner in those outdoor advertising signs, displays, or devices which are lawfully existing under State law,...


(a) Sign. An outdoor sign, light, display, device, figure, painting, drawing, message, placard, poster, billboard or other thing which is designed, intended of the advertising...


The State's written policies and operating procedures for implementing its sign removal program under State law and complying with 23 U.S.C. 131 and its proposed...


(a) Federal funds may participate in: (1) Payments made to a sign owner for his right, title and interest in a sign, and where applicable, his leasehold value in a sign...


The following information concerning each sign must be available in the State's files to be eligible for Federal participation. (a) Payment to sign...


Authorization to proceed with acquisitions on a sign removal project shall not be issued until such time as the State has submitted to FHWA the following: (a) A...


on site acquisitions and actual sign removals shall be submitted on FHWA Form 1424 and as...


Source: 41 FR 45827, Oct. 18, 1976, unless otherwise noted. This subpart sets forth the procedures pursuant to which a State may, if it desires, seek an...


[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: 23CFR750.502] [Page 365] TITLE 23--HIGHWAYS CHAPTER I--FEDERAL HIGHWAY ADMINISTRATION, DEPARTMENT OF TRANSPORTATION PART 750_HIGHWAY BEAUTIFICATION--Table of Contents Subpart E_Signs Exempt From Removal in Defined Areas Sec. 750.502 Applicability. The provisions of this subpart apply to signs adjacent to the Interstate and primary systems which are required to be controlled under 23 U.S.C. 131. ...


State's request to exempt certain nonconforming signs, displays, and devices (hereinafter called signs) within a defined area from being acquired under the provisions of 23...


42844, Sept. 16, 1975, unless otherwise noted. This subpart prescribes the Federal Highway Administration (FHWA) policies and requirements relating to the...


the Federal-aid Interstate and Primary Systems, including toll sections thereof, except that within urban areas, these provisions apply only within 660 feet of the nearest...


(a) Commercial and industrial zones are those districts established by the zoning authorities as being most appropriate for commerce, industry, or trade, regardless of how...


and Federal-aid Primary Systems which are visible from the main-traveled way and within 660 feet of the nearest edge of the right-of-way, and those additional signs...


State must: (a) Prohibit the erection of new signs other than those which fall under Sec. 750.704(a)(1) through (6); (b) Assure that signs erected under...


requirements apply to signs located in zoned and unzoned commercial and industrial areas within 660 feet of the nearest edge of the right-of-way adjacent to the Interstate...


signs which must be removed under State laws and regulations implementing 23 U.S.C. 131. These provisions also apply to nonconforming signs located in commercial...


maintained within 660 feet of the nearest edge of the right-of-way within areas . . . which are zoned industrial or commercial under authority of State law.'' Section...


name of the establishment or which identifies the establishment's principal or accessory products or services offered on the property is an on-property sign. (b) When a...


on October 22, 1965, determined by the State, subject to the approval of the Secretary, to be landmark signs, including signs on farm structures or natural surfaces,...


which have never displayed advertising or informative content are subject to control or removal when advertising content visible from the main-traveled way is added...


a State outdoor advertising control law which is reclassified from legal- conforming to nonconforming and subject to removal under revised State statutes or regulations and...


entered into a bonus agreement before June 30, 1965, will be entitled to remain eligible to receive bonus payments provided it continues to carry out its bonus agreement....


junkyards. 751.13 Control measures. 751.15 Just compensation. 751.17 Federal participation. 751.19 Documentation for Federal...


from the main traveled way of all Federal-aid Primary and Interstate Systems regardless of whether Federal funds participated in the construction thereof, including...


in accordance with the National Environmental Policy Act of 1969 (42 U.S.C. 4321, et seq.); (b) Every effort should be made to screen nonconforming junkyards...


place of business which is maintained, operated or used for storing, keeping, buying, or selling junk, or for the maintenance or operation of an automobile graveyard....


the State must: (1) Require such junkyards located outside of zoned and unzoned industrial areas to be screened or located so as not to be visible from the...


a nonconforming junkyard apply: (a) The junkyard must have been actually in existence at the time the State law or regulations became effective as distinguished from...


and scrap is to be encouraged to the greatest extent practicable in the implementation of the junkyard control [[Page 374]] program. Recycling should be...


State law, which are required to be removed, relocated, or disposed of pursuant to 23 U.S.C. 136. (b) No rights to compensation accrue until a taking or removal...


provisions of this part including necessary studies for particular projects, and the employment of fee landscape architects and other qualified consultants. (b) Where...


to be eligible for Federal participation in the costs thereof: (a) Satisfactory evidence of ownership of the junk or junkyard or both. (b) Value or...


expenses of the junk, actual direct loss of tangible personal property and actual reasonable expenses in searching for a replacement business or, if the eligibility...


[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: 23CFR751.23] [Page 375] TITLE 23--HIGHWAYS CHAPTER I--FEDERAL HIGHWAY ADMINISTRATION, DEPARTMENT OF TRANSPORTATION PART 751_JUNKYARD CONTROL AND ACQUISITION--Table of Contents Sec. 751.23 Concurrent junkyard control and right-of-way projects. The State is encouraged to coordinate junkyard control and highway right-of-way projects. Expenses incurred in furtherance of concurrent projects shall be prorated between projects. ...


A of this chapter. Such projects may include one or more junkyards. (b) Authorization to proceed with a junkyard control project may be given when the State submits...


Scenic overlooks. 752.7 Information centers and systems. 752.8 Privately operated information centers and systems. 752.9 Scenic lands. 752.10...


natural social, and cultural environment, but also provide pleasure and satisfaction in their use. (b) The FHWA will cooperate with State and local agencies...


motorist deemed necessary for his rest, relaxation, comfort and information needs. The term is synonymous with ``rest and recreation areas.'' (b) Scenic overlook. A...


of all federally funded highways or on adjoining scenic lands, shall be in general comformity with accepted concepts and principles of highway landscaping...


needs of the motorist. Caretakers' quarters may be provided in conjunction with a safety rest area at such locations where accommodations are deemed necessary....


[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: 23CFR752.6] [Page 378] TITLE 23--HIGHWAYS CHAPTER I--FEDERAL HIGHWAY ADMINISTRATION, DEPARTMENT OF TRANSPORTATION PART 752_LANDSCAPE AND ROADSIDE DEVELOPMENT--Table of Contents Sec. 752.6 Scenic overlooks. Scenic overlooks shall be located and designed as appropriate to the site and the scenic view with consideration for safety, access, and convenience of the motorist. Scenic overlooks may provide facilities equivalent to those provided in safety rest area. ...


providing specific information to the motorist as to services, as to places of interest within the State and such other information as the State may consider desirable. ...


State may permit privately operated information centers and systems which conform with the standards of this directive. (b) There shall be no violation of control of...


be made as necessary for restoration, preservation, and enhancement of scenic beauty. (b) Scenic strip interests may be acquired in urban or rural areas, combined in one...


for the restoration, preservation, or enhancement of scenic beauty as seen from the traveled way of the highway as a landscape or roadside development project. ...


for the acquisition and development of safety rest areas, scenic overlooks, and scenic lands; for the development of information centers and systems; and for...


and responsibilities. 771.111 Early coordination, public involvement, and project development. 771.113 Timing of Administration activities. 771.115 Classes...


and consultations be coordinated as a single process, and compliance with all applicable environmental requirements be reflected in the environmental document...


In addition, the following definitions apply. (a) Environmental studies. The investigations of potential environmental impacts to determine the environmental process...


the Administration exercises sufficient control to condition the permit or project approval. Actions taken by the applicant which do not require Federal approvals, such...


aids in determining the type of environmental document an action requires, the scope of the document, the level of analysis, and related environmental requirements....


to complete a [[Page 384]] FONSI or an EIS and comply with other related environmental laws and regulations to the maximum extent possible during the NEPA...


(a) Class I (EISs). Actions that significantly affect the environment require an EIS (40 CFR 1508.27). The following are examples of actions that normally required...


and, based on past experience with similar actions, do not involve significnt environmental impacts. They are actions which: do not induce significant impacts to...


action that is not a CE and does not clearly require the preparation of an EIS, or where the Administration believes an EA would assist in determining the need for an EIS. ...


received regarding the EA. If the Administration agrees with the applicant's recommendations pursuant to Sec. 771.119(g), it will make a separate written FONSI...


is likely to cause significant impacts on the environment. When the decision has been made by the Administration to prepare an EIS, the Administration will issue a Notice...


final EIS shall be prepared by the Administration in cooperation with the applicant or, where permitted by law, by the applicant with appropriate guidance and participation by...


of the final EIS notice in the Federal Register or 90 days after publication of a notice for the draft EIS, whichever is later. The ROD will present the basis for...


if an acceptable final EIS is not submitted to the Administration within 3 years from the date of the draft EIS circulation. The purpose of this evaluation is...


An EIS shall be supplemented whenever the Administration determines that: (1) Changes to the proposed action would result in significant environmental impacts that were...


CFR [[Page 392]] 1506.11) shall be referred to the Administration's headquarters for evaluation and decision after consultation...


laws, Executive orders, and other related requirements. If full compliance is not possible by the time the final EIS or FONSI is prepared, the final EIS or FONSI...


public park, recreation area, or wildlife and waterfowl refuge, or any significant historic site unless a determination is made that: (i) There is no feasible and...


environment of a foreign nation not participating in the action or not otherwise involved in the action. (2) Administration actions outside the U.S., its territories,...


Analysis of traffic noise impacts and abatement measures. 772.11 Noise abatement. 772.13 Federal participation. 772.15 Information for...


criteria, and requirements for informing local officials in this regulation constitute the noise standards mandated by 23 U.S.C. 109(i). All highway projects which are...


which a highway is designed. A time, 10 to 20 years, from the start of construction is usually used. (b) Existing noise levels. The noise, resulting from the natural...


is specifically indicated that a section applies only to Type II projects. (b) Type II projects. The development and implementation of Type II projects are not...


analyze expected traffic noise impacts and alternative noise abatement measures to mitigate these impacts, giving weight to the benefits and cost of abatement, and to...


to be given to exterior areas. Abatement will usually be necessary only where frequent human use occurs and a lowered noise level would be of benefit. (b) In...


(1) A traffic noise impact has been identified, (2) The noise abatement measures will reduce the traffic noise impact, and (3) The overall noise abatement benefits...


lands, highway agencies shall inform local officials within whose jurisdiction the highway project is located of the following: (a) The best estimation of...


analysis required by this regulation if it generally meets the following two conditions: (1) The methodology is consistent with the methodology in the FHWA...


projects: (a) Identify land uses or activities which may be affected by noise from construction of the project. The identification is to be performed during the...


of impacts. 777.9 Mitigation of impacts. 777.11 Other considerations. Authority: 42 U.S.C. 4321 et seq.; 49 U.S.C. 303; 23 U.S.C. 101(a),...


this part: Biogeochemical transformations means those changes in chemical compounds and substances which naturally occur in ecosystems. Examples are the carbon, nitrogen,...


5660.1A,\1\ Preservation of the Nation's Wetlands, emphasize the important functions and values inherent in the Nation's wetlands. Federal agencies are directed to avoid...


environmental impacts to wetlands and natural habitats are eligible for Federal participation where the impacts are the result of projects funded pursuant to title 23,...


23, U.S. Code, funds shall be directly related to: (1) The importance of the impacted wetlands and natural habitats; (2) The extent of highway impacts on the wetlands...


minimize the impact of highway projects on wetlands or natural habitats. The following actions qualify for Federal- aid highway funding: (1) Avoidance and minimization...


shall include consultation with appropriate State and Federal agencies. (b) Federal-aid funds shall not participate in the replacement of wetlands or natural...


Definitions. 810.6 Prerequisites for projects authorized by 23 U.S.C. 137, 142, or 149. 810.8 Coordination. Subpart...


101(a) are used in this subpart as so defined. (b) The following terms, where used in the regulations in this subpart have the following meanings: (1) Exclusive...


(a) Projects in an urbanized area must be based on a continuing comprehensive transportation planning process, carried on in accordance with 23 U.S.C. 134 as prescribed in 23 CFR...


shall coordinate with each other on any projects involving public mass transit to facilitate project selection, approval...


The purpose of the regulations in this subpart is to implement 23 U.S.C. 137, 142(a)(1), 142(b), and 149, which authorize various highway public mass...


projects. Under this subpart the Federal Highway Administrator may approve on any Federal-aid system projects which facilitate the use of high occupancy vehicles...


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...


of fringe and transportation corridor parking facilities. (a) In approving fringe and transportation corridor parking facilities, the Federal...


existing facilities. (a) In accordance with the provisions of 23 CFR 810.102, the Federal Highway Administrator may approve on any Federal-aid system the...


The purpose of this subpart is to implement 23 U.S.C. 142(g), which permits the Federal Highway Administrator to authorize a State to make available to a...


(a) The provisions of this subpart are applicable to the rights-of- way of all Federal-aid highways in which Federal-aid highway funds have participated or...


mass transit authority. A publicly-owned mass transit authority desiring to utilize land existing within the publicly acquired right-of-way of any Federal-aid highway...


State Highway Agency. The State highway agency, after reviewing the application, may request the Federal Highway Administrator to authorize the State to make available...


Federal Highway Administrator. The Federal Highway Administrator may authorize the State to make available to the publicly-owned mass transit authority the land needed...


use and occupancy by mass transit. (a) Upon being authorized by the Federal Highway Administrator, the State shall enter into a written agreement with the...


charge. The use and occupancy of the lands made available by the State to the publicly-owned transit authority shall be without charge. Costs incidental to making...


The purpose of this subpart is to implement 23 U.S.C. 142(a)(2), which allows the Urban Mass Transportation Administrator, by delegation of the Secretary, to...


(a) Eligible projects are those defined as nonhighway public mass transit projects in Sec. 810.4 of this part subject to [[Page 412]] the...


projects. (a) An application for an urban system nonhighway public mass transit project shall be developed by a public body as defined under the UMTA Discretionary...


funds. (a) The FHWA Administrator shall review the State request, determine whether sufficient Federal-aid urban system funds are available, and notify the State...


urban system nonhighway public mass transit projects. (a) An urban system public mass transit project may be approved by the UMTA Administrator when it is...


other provisions. The Federal proportional share of the cost of an urban system nonhighway public mass transit project approved under this subpart shall be equal to...


Evaluation. 924.15 Reporting. Authority: 23 U.S.C. 105(f), 152, 315, and 402; sec. 203 of the Highway Safety Act of 1973, as amended; 49...


specifically provided for the accommodation and protection of pedestrians and bicyclists. (b) The term State, as used in this regulation, means any one of the...


[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: 23CFR924.5] [Page 413] TITLE 23--HIGHWAYS CHAPTER I--FEDERAL HIGHWAY ADMINISTRATION, DEPARTMENT OF TRANSPORTATION PART 924_HIGHWAY SAFETY IMPROVEMENT PROGRAM--Table of Contents Sec. 924.5 Policy. Each State shall develop and implement, on a continuing basis, a highway safety improvement program which has the overall objective of reducing the number and severity of accidents and decreasing the potential for accidents on all highways. ...


of safety programs and projects. These components shall be comprised of processes developed by the States and approved by the Federal Highway Administration (FHWA)....


maintaining a record of accident, traffic, and highway data, including, for railroad-highway grade crossings, the characteristics of both highway and train traffic; ...


scheduling and implementing safety improvement projects in accordance with (1) the procedures set forth in 23 CFR part 630, subpart A (Federal-Aid Program Approval and...


effect that highway safety improvement projects have in reducing the number and severity of accidents and potential accidents, including: (1) The cost of, and...


covering the State's highway safety improvement program during the previous July 1 through June 30 period. In its annual report, the State shall report on the...


ITS architecture. 940.11 Project implementation. 940.13 Project administration. Authority: 23 U.S.C. 101, 106, 109, 133, 315, and 508; sec...


used singly or in combination to improve the efficiency or safety of a surface transportation system. ITS project means any project that in whole or in part funds...


requirements contained in this part. Conformance with the National ITS Architecture is interpreted to mean the use of the National ITS Architecture to develop a regional...


fund, including those on the National Highway System (NHS) and on non-NHS facilities, are subject to these provisions. (b) The Secretary may...


ITS projects and programs and be consistent with ITS strategies and projects contained in applicable transportation plans. The National ITS Architecture shall be used as a resource...


systems engineering analysis. (b) The analysis should be on a scale commensurate with the project scope. (c) The systems engineering analysis shall include, at...


ITS projects, compliance with Sec. 940.11 shall be demonstrated. (b) Compliance with this part will be monitored under Federal-aid oversight procedures as...


Applicability. 970.104 Definitions. Subpart B_National Park Service Management Systems 970.200...


[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: 23CFR970.102] [Page 419] TITLE 23--HIGHWAYS CHAPTER I--FEDERAL HIGHWAY ADMINISTRATION, DEPARTMENT OF TRANSPORTATION PART 970_NATIONAL PARK SERVICE MANAGEMENT SYSTEMS--Table of Contents Subpart A_Definitions Sec. 970.102 Applicability. The definitions in this subpart are applicable to this part, except as otherwise provided. ...


than private vehicles, including methods to improve system performance such as transportation demand management, congestion management, and...


U.S.C. 204, which requires the Secretary and the Secretary of each appropriate Federal land management agency, to the extent appropriate, to develop by rule safety,...


the NPS and the Federal Highway Administration (FHWA) that are responsible for satisfying these requirements for management systems pursuant to 23...


and implement the management systems as described in this subpart. The NPS may tailor all management systems to meet the NPS goals, policies, and needs using...


The Park Roads and Parkways program funds may be used for development, establishment, and implementation of the management systems. These funds are to...


to the requirements provided in Sec. 970.204, the PMS must meet the following requirements: (a) The NPS shall have PMS coverage of all paved park roads, parkways,...


the requirements provided in Sec. 970.204, the BMS must meet the following requirements: (a) The NPS shall have a BMS for the bridges which are under the...


the requirements provided in Sec. 970.204, the SMS must meet the following requirements: (a) The NPS shall have an SMS for all transportation systems serving NPS...


For purposes of this section, congestion means the level at which transportation system performance is no longer acceptable due to traffic interference. For portions of the...


Applicability. 971.104 Definitions. Subpart B_Forest Highway Program Management Systems 971.200...


[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: 23CFR971.102] [Page 424] TITLE 23--HIGHWAYS CHAPTER I--FEDERAL HIGHWAY ADMINISTRATION, DEPARTMENT OF TRANSPORTATION PART 971_FOREST SERVICE MANAGEMENT SYSTEMS--Table of Contents Subpart A_Definitions Sec. 971.102 Applicability. The definitions in this subpart are applicable to this part, except as otherwise provided. [[Page 425]] ...


than private vehicles, including methods to improve system performance such as transportation demand management, congestion management, and intelligent...


204, which requires the Secretary and the Secretary of each appropriate Federal land management agency, to the extent appropriate, to develop by rule safety, bridge,...


the FS, the Federal Highway Administration, and the State DOTs that are responsible for satisfying these requirements for management systems pursuant to 23...


develop, establish, and implement the management systems as described in this subpart. If the State has established a management system for FH that fulfills...


The FH program funds may be used for development, establishment, and implementation of the management systems. These funds are to be administered in accordance with...


the requirements provided in Sec. 971.204, the PMS must meet the following requirements: (a) The tri-party partnership shall have PMS coverage of all FHs and other...


the requirements provided in Sec. 971.204, the BMS must meet the following requirements: (a) The tri-party partnership shall have a BMS for the FH bridges funded under the...


requirements provided in Sec. 971.204, the SMS must meet the following requirements: (a) The tri-party partnership shall have an SMS for transportation systems providing...


of this section, congestion means the level at which transportation system performance is no longer acceptable due to traffic interference. For portions of the FH network...


Applicability. 972.104 Definitions. Subpart B_Fish and Wildlife Service Management...


[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: 23CFR972.102] [Page 430] TITLE 23--HIGHWAYS CHAPTER I--FEDERAL HIGHWAY ADMINISTRATION, DEPARTMENT OF TRANSPORTATION PART 972_FISH AND WILDLIFE SERVICE MANAGEMENT SYSTEMS--Table of Contents Subpart A_Definitions Sec. 972.102 Applicability. The definitions in this subpart are applicable to this part, except as otherwise provided. ...


transportation other than private vehicles, including methods to improve system performance such as transportation demand management, congestion management, and...


23 U.S.C. 204 which requires the Secretary and the Secretary of each appropriate Federal land management agency, to the extent appropriate, to develop by rule safety,...


to the Fish and Wildlife Service (FWS) and the Federal Highway Administration (FHWA) that are responsible for satisfying these requirements for management systems...


develop, establish and implement the management systems as described in this subpart. The FWS may tailor the management systems to meet the FWS goals, policies, and needs...


systems. The Refuge Roads program funds may be used for development, establishment, and implementation of the management systems. These funds are to be administered...


addition to the requirements provided in Sec. 972.204, the PMS must meet the following requirements: (a) The FWS shall, at a minimum, have PMS coverage of all paved refuge...


In addition to the requirements provided in Sec. 972.204, the BMS must meet the following requirements: [[Page 434]] (a) The FWS shall have a BMS for bridges which...


In addition to the requirements provided in Sec. 972.204, the SMS must meet the following requirements: (a) The FWS shall have an SMS for all transportation facilities serving...


Subpart A_Definitions Sec. 973.100 Purpose. 973.102 Applicability. 973.104 Definitions. Subpart B--Bureau of...


[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: 23CFR973.102] [Page 436] TITLE 23--HIGHWAYS CHAPTER I--FEDERAL HIGHWAY ADMINISTRATION, DEPARTMENT OF TRANSPORTATION PART 973_MANAGEMENT SYSTEMS PERTAINING TO THE BUREAU OF INDIAN AFFAIRS AND THE INDIAN RESERVATION ROADS PROGRAM--Table of Contents Subpart A_Definitions Sec. 973.102 Applicability. The definitions in this subpart are applicable to this part, except as otherwise provided. ...


Alternative transportation systems means modes of transportation other than private vehicles, including methods to improve system performance such as transportation...


Purpose. The purpose of this subpart is to implement 23 U.S.C. 204 which requires the Secretary and the Secretary of each appropriate Federal land management agency...


Applicability. The provisions in this subpart are applicable to the Bureau of Indian Affairs (BIA), the Federal Highway Administration (FHWA), and the Indian...


Management systems requirements. (a) The BIA, in consultation with the tribes, shall develop, establish and implement nationwide pavement, bridge, and safety...


Funds for establishment, development, and implementation of the systems. The IRR program management funds may be used to accomplish nationwide management system...


Indian lands pavement management system (PMS). In addition to the requirements provided in Sec. 973.204, the PMS must meet the following requirements: (a) The...


Indian lands bridge management system (BMS). In addition to the requirements provided in Sec. 973.204, the BMS must meet the following requirements: (a) The BIA shall...


Indian lands safety management system (SMS). In addition to the requirements provided in Sec. 973.204, the SMS must meet the following requirements: (a) The BIA...


Indian lands congestion management system (CMS). (a) For purposes of this section, congestion means the level at which transportation system performance is...




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