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CHAPTER BUREAU OF PUBLIC ROADS

DEPARTMENT OF COMMERCE

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Administration of Federal aid for highways. [Revised]
Statement of policy as to administrative action to be taken by the Federal

Highway Administrator in instances of irregularities. (Added]
Regulations for administering forest highways. [Revised]
National standards for regulation by States of outdoor advertising signs,

displays and devices adjacent to the National System of Interstate and
Defense Highways. [Added]

PART 1-ADMINISTRATION OF FED

ERAL AID FOR HIGHWAYS (RE-
VISED)

Sec. 1.1 Purpose. 1.2 Definitions. 1.3 Federal-State cooperation; authority

of State highway departments. 1.4 Cooperation of governmental instru

mentalities. 1.5 Information furnished by State high

way departments. 1.6 Federal-aid highway systems. 1.7 Urban area boundaries. 1.8 Programs of proposed projects. 1.9 Limitation on Federal participation. 1.10 Surveys, plans, specifications and esti

mates. 1.11 Engineering services. 1.12 Authorizations to proceed with proj

ects. 1.13 Changes in project work and cost. 1.14 Project agreements. 1.16 Construction contracts and force ac

count work. 1.16 Licensing and qualification of contrac

tors. 1.17 Health and safety. 1.18 Furnishing of materials. 1.19 Restrictions upon materials. 1.20 Surety bonds and Insurance. 1.21 Subcontracting. 1.22 Patented or proprietary items. 1.23 Rights-of-way. 1.24 Labor and employment. 1.26 Railway-highway crossing projects. 1.26 Highway planning and research proj

ects. 1.27 Maintenance. 1.28 Diversion of highway revenues. 1.29 Vehicle weight and width limitation. 1.30 Records and documents. 1.31 Payments. 1.32 Policies and procedures. 1.33 Conflicts of interest. 1.34 Secondary road plan. 1.35 Advertising. 1.36 Compliance with Federal laws and reg

ulations. 1.37 Delegation of authority. 1.38 Application of regulations.

AUTHORITY: $ $ 1.1 to 1.38 issued under sec. 315, 72 Stat. 915, 23 U.S.C. 315.

SOURCE: $ $ 1.1 to 1.38 appear at 25 F.R. 4162, May 11, 1960.

Prior Amendments 1959: 24 F.R. 6232, Aug. 4.

$ 1.1 Purpose.

The purpose of the regulations in this part is to implement and carry out the provisions of Federal law relating to the administration of Federal aid for highways. 8 1.2 Definitions.

(a) Terms defined in 23 U.S.C. 101(a), shall have the same meaning where used in the regulations in this part, except as modified herein.

(b) The following terms where used in the regulations in this part shall have the following meaning:

Administrator. The Federal Highway Administrator.

Advertising policy. The national policy relating to the regulation of outdoor advertising declared in title 23 U.S.C. 131.

Advertising standards. The "National Standards for Regulation by States of Outdoor Advertising Signs, Displays and Devices Adjacent to the National System of Interstate and Defense Highways” promulgated by the Secretary (Part 20 of this chapter).

Commissioner. The Commissioner of Public Roads.

Federal laws. The provisions of title 23, United States Code, and all other Federal laws, heretofore or hereafter enacted, relating to Federal aid for highways.

Latest available Federal census. The latest available Federal decennial census, except for the establishment of urban areas.

Project. An undertaking by a State highway department for highway construction, including preliminary engineering, acquisition of rights-of-way and actual construction, or for highway planning and research, or for any other work or activity to carry out the provisions of the Federal laws for the administration of Federal aid for highways.

Secondary road plan. A plan for administration of Federal aid for highways on the Federal-aid secondary highway system pursuant to 23 U.S.C. 117.

Secretary. The Secretary of Commerce.

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Siaie. Any State of the United States, Administrator shall deem desirable in the District of Columbia and Puerto administering the Federal-aid highway Rico.

program. Urban area. An area including and adjacent to a municipality or other urban place having a population of five thou- § 1.6 Federal-aid highway systems. sand or more, as determined by the latest available published official Federal cen

(a) Selection or designation. To insus, decennial or special, within bound

sure continuity in the direction of exaries to be fixed by a State highway

penditures of available funds, systems department, subject to the approval of

of Federal-aid highways are selected or the Administrator.

designated by any State that desires to

avail itself through its State highway $ 1.3 Federal-State cooperation; department, of the benefits of Federal

thority of State highway departments. aid for highways. Upon approval by The Administrator shall cooperate

the Administrator of the selections or with the States, through their respective

designations by a State highway deState highway departments, in the con

partment, such highways shall become struction of Federal-aid highways. Each

portions of the respective Federal-aid State highway department, maintained

highway systems, and all Federal-aid apin conformity with 23 U.S.C. 302, shall

portionments shall be expended thereon. be authorized, by the laws of the State, (b) Revisions. A State highway deto make final decisions for the State in partment may propose revisions, includall matters relating to, and to enter into, ing additions, deletions or other changes,

in the routes comprising the approved on behalf of the State, all contracts and agreements for projects and to take such

Federal-aid highway systems. Any such

revision shall become effective only upon other actions on behalf of the State as

approval thereof by the Administrator may be necessary to comply with the

upon a determination that such revision Federal laws and the regulations in this

is in the public interest and consistent part.

with Federal laws. There is no prede§ 1.4 Cooperation of governmental in. termined time limit for the submission strumentalities.

of the full selection of the systems. The State highway department shall (c) Selection considerations. Each be responsible for any project to be Federal-aid system shall be so selected undertaken with the cooperation of, or or designated as to promote the general with funds provided by, any other gov- welfare and the national and civil deernmental instrumentality.

fense and to become the pattern for a

long-range program of highway develop$ 1.5 Information furnished by State

ment to serve the major classes of highhighway departments.

way traiic broadly identified as (1) inAt the request of the Administrator terstate or interregional; (2) city-to-city the State highway department shall fur- primary, either interstate or intrastate; nish to him such information as the (3) rural secondary or farm-to-market;

or

and (4) intraurban. The conservation 8 1.9 Limitation on Federal participaand development of natural resources,

tion. the advancement of economic and social

Federal-aid funds shall not participate values, and the promotion of desirable in any cost which is not incurred in conland utilization, as well as the existing formity with applicable Federal and and potential highway traffic and other

State law, the regulations in this part, pertinent criteria are to be considered

and policies and procedures prescribed when selecting highways to be added to a

by the Administrator. Federal funds Federal-aid system or when proposing

shall not be paid on account of any cost revisions of a previously approved Fed

incurred prior to authorization by the eral-aid system.

Administrator to the State highway de(d) Identity. The Federal-aid high- partment to proceed with the project or way systems as now constituted and ap- part thereof involving such cost. proved are identified as:

§ 1.10 Surveys, plans, specifications and (1) The Interstate System, as de

estimates. scribed in 23 U.S.C. 103(d), comprised of

(a) Preparation. Surveys, plans, highways of the highest importance to

specifications and estimates shall be prethe nation;

pared by or under the immediate direc(2) The Federal-aid primary system, tion of the State highway department as described in 23 U.S.C. 103(b), com- and shall be of such content and form as prised of important city-to-city, inter- prescribed by the Administrator. state and intrastate highways, serving

(b) Approval. No project part essentially through traffic; and

thereof for actual construction shall be (3) The Federal-aid secondary system, advertised for contract nor work comas described in 23 U.S.C. 103(c), not to menced by force account until plans, exceed in any State at one time a mile- specifications, and estimates have been age that can be initially improved with- submitted to and approved by the Adin a reasonable period of years and ministrator and the State has been so thereafter maintained with income ex- notified. pected to be available.

§ 1.11 Engineering services. (e) Integration. The highways of the Federal-aid systems shall form inte

(a) Federal participation. Costs of grated and connected networks in each

engineering services performed by the State and nationwide. The individual

State highway department or any inroutes of Federal-aid systems that cross

strumentality or entity referred to in the boundary line between contiguous

paragraphs (b) and (c) of this section States are to connect at the boundary

may be eligible for Federal participaline, and except in unusual cases the

tion only to the extent that such costs identity of the Federal-aid system for

are directly attributable and properly any such route shall be the same in the

allocable to specific projects. ExpendiStates involved.

tures for the establishment, mainte

nance, general administration, superUrban area boundaries.

vision, and other overhead of the State Boundaries of an urban area shall be highway department, or other instrusubmitted by the State highway depart- mentality or entity referred to in parament and be approved by the Adminis- graphs (b) and (c) of this section shall trator prior to the inclusion in a pro- not be eligible for Federal participation. gram of any project wholly or partly in (b) Governmental engineering organisuch area involving funds authorized for

zations. The State highway departand limited to urban areas.

ment may utilize, under its supervision, $ 1.8 Programs of proposed projects. the services of well-qualified and suitEach State highway department shall

ably equipped engineering organizations prepare and submit to the Administra

of other governmental instrumentalities tor, for his approval, detailed programs

for making surveys, preparing plans, of proposed projects in such form and

specifications and estimates, and for supported by such information as the

supervising the construction of any Administrator may require. The Ad

project. ministrator shall not authorize any State

(c) Railroad and utility engineering to proceed with any project, or part organizations. The State highway dethereof, until the program which in- partment may utilize, under its supercludes such project has been approved. vision, the services of well-qualified and

$ 1.7

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