Talk:Interstate Highway standards
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[edit] Minimum Median?
This article explains that interstates must have a minimum median wisth of 22 feet - however, in any major metro area or when the interstate passes through a narrow area like a canyon, the opposing directions of the highway are divided by nothing more than a k-rail. Should there be a notation in there somewhere noting this? - Hobgoblin
- I believe (but am not sure) that those cases do not meet standards. In many or most cases, they were built before the current standards, so are grandfathered in. But if major reconstruction is done in those places, the median will have to be widened or the state will have to get an FHWA waiver. --SPUI (talk) 23:38, 23 Feb 2005 (UTC)
[edit] Sharp curves
I read articles about Michigan State Highway 14 not meeting Interstate standards due to sharp curves on the corridor, the sharpness of curves should be mentioned in this article. --SuperDude 23:57, 14 May 2005 (UTC)
[edit] Measurement Units
Why are the primary units of measurement metric (meters), with the actual standard and local system (feet) in parentheses? This results in odd figures given, with nice round numbers in parens. While I am a metric fan, surely the measurement system in the locality should be the primary. The locality here is clear and undisputable.
human 00:53, 11 December 2005 (UTC)
- Agreed. I have swapped all the measurements. Nohat 22:03, 7 January 2006 (UTC)
-
- AASHTO uses metric first, though many (most?) states don't for design. --SPUI (talk - don't use sorted stub templates!) 17:05, 7 March 2006 (UTC)
[edit] Myth about 1/5 miles required to be straight untrue.
I think it would be a pretty good idea to include a statement which refutes the fact that one out of every five miles on an interstate must be straight. It is a popular urban legend that Eisenhower mandated one out of every five miles on a highway must be straight; I beleive this beleif is popular enough to warrent inclusion at the end of the article or something. Here is a link as evidence:
http://www.fhwa.dot.gov/infrastructure/rw00b.htm
- That's in Interstate Highway System. --SPUI (talk - don't use sorted stub templates!) 17:05, 7 March 2006 (UTC)
[edit] US Code
23 USC section 109:
-CITE-
23 USC Sec. 109 01/19/04
-EXPCITE-
TITLE 23 - HIGHWAYS
CHAPTER 1 - FEDERAL-AID HIGHWAYS
SUBCHAPTER I - GENERAL PROVISIONS
-HEAD-
Sec. 109. Standards
-STATUTE-
(a) In General. - The Secretary shall ensure that the plans and
specifications for each proposed highway project under this chapter
provide for a facility that will -
(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 designed and constructed in accordance with criteria
best suited to accomplish the objectives described in paragraph
(1) and to conform to the particular needs of each locality.
(b) The geometric and construction standards to be adopted for
the Interstate System shall be those approved by the Secretary in
cooperation with the State transportation departments. Such
standards, as applied to each actual construction project, shall be
adequate to enable such project to accommodate the types and
volumes of traffic anticipated for such project for the twenty-year
period commencing on the date of approval by the Secretary, under
section 106 of this title, of the plans, specifications, and
estimates for actual construction of such project. Such standards
shall in all cases provide for at least four lanes of traffic. The
right-of-way width of the Interstate System shall be adequate to
permit construction of projects on the Interstate System to such
standards. The Secretary shall apply such standards uniformly
throughout all the States.
(c) Design Criteria for National Highway System. -
(1) In general. - A design for new construction,
reconstruction, resurfacing (except for maintenance resurfacing),
restoration, or rehabilitation of a highway on the National
Highway System (other than a highway also on the Interstate
System) may take into account, in addition to the criteria
described in subsection (a) -
(A) the constructed and natural environment of the area;
(B) the environmental, scenic, aesthetic, historic,
community, and preservation impacts of the activity; and
(C) access for other modes of transportation.
(2) Development of criteria. - The Secretary, in cooperation
with State transportation departments, may develop criteria to
implement paragraph (1). In developing criteria under this
paragraph, the Secretary shall consider the results of the
committee process of the American Association of State Highway
and Transportation Officials as used in adopting and publishing
"A Policy on Geometric Design of Highways and Streets", including
comments submitted by interested parties as part of such process.
(d) On any highway project in which Federal funds hereafter
participate, or on any such project constructed since December 20,
1944, the location, form and character of informational, regulatory
and warning signs, curb and pavement or other markings, and traffic
signals installed or placed by any public authority or other
agency, shall be subject to the approval of the State
transportation department with the concurrence of the Secretary,
who is directed to concur only in such installations as will
promote the safe and efficient utilization of the highways.
(e) No funds shall be approved for expenditure on any Federal-aid
highway, or highway affected under chapter 2 of this title, unless
proper safety protective devices complying with safety standards
determined by the Secretary at that time as being adequate shall be
installed or be in operation at any highway and railroad grade
crossing or drawbridge on that portion of the highway with respect
to which such expenditures are to be made.
(f) The Secretary shall not, as a condition precedent to his
approval under section 106 of this title, require any State to
acquire title to, or control of, any marginal land along the
proposed highway in addition to that reasonably necessary for road
surfaces, median strips, bikeways, gutters, ditches, and side
slopes, and of sufficient width to provide service roads for
adjacent property to permit safe access at controlled locations in
order to expedite traffic, promote safety, and minimize roadside
parking.
(g) The Secretary shall issue within 30 days after the day of
enactment of the Federal-Aid Highway Act of 1970 guidelines for
minimizing possible soil erosion from highway construction. Such
guidelines shall apply to all proposed projects with respect to
which plans, specifications, and estimates are approved by the
Secretary after the issuance of such guidelines.
(h) Not later than July 1, 1972, the Secretary, after
consultation with appropriate Federal and State officials, shall
submit to Congress, and not later than 90 days after such
submission, promulgate guidelines designed to assure that possible
adverse economic, social, and environmental effects relating to any
proposed project on any Federal-aid system have been fully
considered in developing such project, and that the final decisions
on the project are made in the best overall public interest, taking
into consideration the need for fast, safe and efficient
transportation, public services, and the costs of eliminating or
minimizing such adverse effects and the following:
(1) air, noise, and water pollution;
(2) destruction or disruption of man-made and natural
resources, aesthetic values, community cohesion and the
availability of public facilities and services;
(3) adverse employment effects, and tax and property value
losses;
(4) injurious displacement of people, businesses and farms; and
(5) disruption of desirable community and regional growth.
Such guidelines shall apply to all proposed projects with respect
to which plans, specifications, and estimates are approved by the
Secretary after the issuance of such guidelines.
(i) The Secretary, after consultation with appropriate Federal,
State, and local officials, shall develop and promulgate standards
for highway noise levels compatible with different land uses and
after July 1, 1972, shall not approve plans and specifications for
any proposed project on any Federal-aid system for which location
approval has not yet been secured unless he determines that such
plans and specifications include adequate measures to implement the
appropriate noise level standards. The Secretary, after
consultation with the Administrator of the Environmental Protection
Agency and appropriate Federal, State, and local officials, may
promulgate standards for the control of highway noise levels for
highways on any Federal-aid system for which project approval has
been secured prior to July 1, 1972. The Secretary may approve any
project on a Federal-aid system to which noise-level standards are
made applicable under the preceding sentence for the purpose of
carrying out such standards. Such project may include, but is not
limited to, the acquisition of additional rights-of-way, the
construction of physical barriers, and landscaping. Sums
apportioned for the Federal-aid system on which such project will
be located shall be available to finance the Federal share of such
project. Such project shall be deemed a highway project for all
purposes of this title.
(j) The Secretary, after consultation with the Administrator of
the Environmental Protection Agency, shall develop and promulgate
guidelines to assure that highways constructed pursuant to this
title are consistent with any approved plan for -
(1) the implementation of a national ambient air quality
standard for each pollutant for which an area is designated as a
nonattainment area under section 107(d) of the Clean Air Act (42
U.S.C. 7407(d)); or
(2) the maintenance of a national ambient air quality standard
in an area that was designated as a nonattainment area but that
was later redesignated by the Administrator as an attainment area
for the standard and that is required to develop a maintenance
plan under section 175A of the Clean Air Act (42 U.S.C. 7505a).
(k) The Secretary shall not approve any project involving
approaches to a bridge under this title, if such project and bridge
will significantly affect the traffic volume and the highway system
of a contiguous State without first taking into full consideration
the views of that State.
(l)(1) In determining whether any right-of-way on any Federal-aid
highway should be used for accommodating any utility facility, the
Secretary shall -
(A) first ascertain the effect such use will have on highway
and traffic safety, since in no case shall any use be authorized
or otherwise permitted, under this or any other provision of law,
which would adversely affect safety;
(B) evaluate the direct and indirect environmental and economic
effects of any loss of productive agricultural land or any
impairment of the productivity of any agricultural land which
would result from the disapproval of the use of such right-of-way
for the accommodation of such utility facility; and
(C) consider such environmental and economic effects together
with any interference with or impairment of the use of the
highway in such right-of-way which would result from the use of
such right-of-way for the accommodation of such utility facility.
(2) For the purpose of this subsection -
(A) the term "utility facility" means any privately, publicly,
or cooperatively owned line, facility, or system for producing,
transmitting, or distributing communications, power, electricity,
light, heat, gas, oil, crude products, water, steam, waste, storm
water not connected with highway drainage, or any other similar
commodity, including any fire or police signal system or street
lighting system, which directly or indirectly serves the public;
and
(B) the term "right-of-way" means any real property, or
interest therein, acquired, dedicated, or reserved for the
construction, operation, and maintenance of a highway.
(m) Protection of Nonmotorized Transportation Traffic. - The
Secretary shall not approve any project or take any regulatory
action under this title that will result in the severance of an
existing major route or have significant adverse impact on the
safety for nonmotorized transportation traffic and light
motorcycles, unless such project or regulatory action provides for
a reasonable alternate route or such a route exists.
(n) It is the intent of Congress that any project for
resurfacing, restoring, or rehabilitating any highway, other than a
highway access to which is fully controlled, in which Federal funds
participate shall be constructed in accordance with standards to
preserve and extend the service life of highways and enhance
highway safety.
(o) Compliance With State Laws for Non-NHS Projects. - Projects
(other than highway projects on the National Highway System) shall
be designed, constructed, operated, and maintained in accordance
with State laws, regulations, directives, safety standards, design
standards, and construction standards.
(p) Scenic and Historic Values. - Notwithstanding subsections (b)
and (c), the Secretary may approve a project for the National
Highway System if the project is designed to -
(1) allow for the preservation of environmental, scenic, or
historic values;
(2) ensure safe use of the facility; and
(3) comply with subsection (a).
(q) Phase Construction. - Safety considerations for a project
under this title may be met by phase construction consistent with
the operative safety management system established in accordance
with section 303 or in accordance with a statewide transportation
improvement program approved by the Secretary.
-SOURCE-
(Pub. L. 85-767, Aug. 27, 1958, 72 Stat. 894; Pub. L. 88-157, Sec.
4, Oct. 24, 1963, 77 Stat. 277; Pub. L. 89-574, Secs. 5(a), 14,
Sept. 13, 1966, 80 Stat. 767, 771; Pub. L. 91-605, title I, Sec.
136(a), (b), Dec. 31, 1970, 84 Stat. 1734; Pub. L. 93-87, title I,
Secs. 114, 152(2), 156, Aug. 13, 1973, 87 Stat. 257, 276, 277; Pub.
L. 95-599, title I, Secs. 113, 116(d), 141(f), (g), Nov. 6, 1978,
92 Stat. 2696, 2699, 2711; Pub. L. 96-106, Sec. 3, Nov. 9, 1979, 93
Stat. 797; Pub. L. 97-424, title I, Sec. 110(a), Jan. 6, 1983, 96
Stat. 2105; Pub. L. 102-240, title I, Sec. 1016(c)-(f)(1), Dec. 18,
1991, 105 Stat. 1946; Pub. L. 104-59, title III, Secs. 304, 305(a),
Nov. 28, 1995, 109 Stat. 579, 580; Pub. L. 105-178, title I, Secs.
1202(c), 1212(a)(2)(A), 1306, June 9, 1998, 112 Stat. 169, 193,
229.)
-REFTEXT-
REFERENCES IN TEXT
The day of enactment of the Federal-Aid Highway Act of 1970,
referred to in subsec. (g), is Dec. 31, 1970.
-MISC1-
AMENDMENTS
1998 - Subsecs. (b), (c)(2). Pub. L. 105-178, Sec.
1212(a)(2)(A)(ii), substituted "State transportation departments"
for "State highway departments".
Subsec. (d). Pub. L. 105-178, Sec. 1212(a)(2)(A)(i), substituted
"State transportation department" for "State highway department".
Subsec. (m). Pub. L. 105-178, Sec. 1306(a), redesignated subsec.
(n) as (m) and struck out former subsec. (m) which read as follows:
"The Secretary shall issue guidelines describing the criteria
applicable to the Interstate System in order to insure that the
condition of these routes is maintained at the level required by
the purposes for which they were designed. The initial guidelines
shall be issued no later than October 1, 1979."
Subsec. (n). Pub. L. 105-178, Sec. 1306(a)(2), redesignated
subsec. (o) as (n). Former subsec. (n) redesignated (m).
Pub. L. 105-178, Sec. 1202(c), inserted heading and amended text
of subsec. (n) generally. Prior to amendment, text read as follows:
"The Secretary shall not approve any project under this title that
will result in the severance or destruction of an existing major
route for nonmotorized transportation traffic and light
motorcycles, unless such project provides a reasonably alternate
route or such a route exists."
Subsecs. (o) to (q). Pub. L. 105-178, Sec. 1306(a)(2), (b), added
subsec. (q) and redesignated former subsecs. (p) and (q) as (o) and
(p), respectively. Former subsec. (o) redesignated (n).
1995 - Subsec. (a). Pub. L. 104-59, Sec. 304(1), added subsec.
(a) and struck out former subsec. (a) which read as follows: "The
Secretary shall not approve plans and specifications for proposed
highway projects under this chapter if they fail to provide for a
facility (1) that will adequately meet the existing and probable
future traffic needs and conditions in a manner conducive to
safety, durability, and economy of maintenance; (2) that will be
designed and constructed in accordance with standards best suited
to accomplish the foregoing objectives and to conform to the
particular needs of each locality."
Subsec. (c). Pub. L. 104-59, Sec. 304(2), added subsec. (c) and
struck out former subsec. (c) which read as follows:
"(c) Design and Construction Standards for NHS. - Design and
construction standards to be adopted for new construction on the
National Highway System, for reconstruction on the National Highway
System, and for resurfacing, restoring, and rehabilitating
multilane limited access highways on the National Highway System
shall be those approved by the Secretary in cooperation with the
State highway departments. All eligible work for such projects
shall meet or exceed such standards."
Subsec. (j). Pub. L. 104-59, Sec. 305(a), substituted "plan for -
" and pars. (1) and (2) for "plan for the implementation of any
ambient air quality standard for any air quality control region
designated pursuant to the Clean Air Act, as amended."
Subsec. (q). Pub. L. 104-59, Sec. 304(3), added subsec. (q) and
struck out former subsec. (q) which read as follows:
"(q) Historic and Scenic Values. - If a proposed project under
sections 103(e)(4), 133, or 144 involves a historic facility or is
located in an area of historic or scenic value, the Secretary may
approve such project notwithstanding the requirements of
subsections (a) and (b) of this section and section 133(c) if such
project is designed to standards that allow for the preservation of
such historic or scenic value and such project is designed with
mitigation measures to allow preservation of such value and ensure
safe use of the facility."
1991 - Subsec. (a). Pub. L. 102-240, Sec. 1016(f)(1)(A),
substituted "highway projects under this chapter" for "projects on
any Federal-aid system".
Subsec. (c). Pub. L. 102-240, Sec. 1016(c), amended subsec. (c)
generally. Prior to amendment, subsec. (c) read as follows:
"Projects on the Federal-aid secondary system in which Federal
funds participate shall be constructed according to specifications
that will provide all-weather service and permit maintenance at a
reasonable cost."
Subsec. (l)(1). Pub. L. 102-240, Sec. 1016(f)(1)(B), substituted
"highway" for "system" in introductory provisions.
Subsecs. (p), (q). Pub. L. 102-240, Sec. 1016(d), (e), added
subsecs. (p) and (q).
1983 - Subsec. (o). Pub. L. 97-424 added subsec. (o).
1979 - Subsec. (l)(1)(A). Pub. L. 96-106 struck out "any aspect
of" after "adversely affect".
1978 - Subsec. (f). Pub. L. 95-599, Sec. 141(f), inserted
"bikeways" after "surfaces, median strips,".
Subsec. (l). Pub. L. 95-599, Sec. 113, added subsec. (l).
Subsec. (m). Pub. L. 95-599, Sec. 116(d), added subsec. (m).
Subsec. (n). Pub. L. 95-599, Sec. 141(g), added subsec. (n).
1973 - Subsec. (g). Pub. L. 93-87, Sec. 152(2), substituted "Act"
for "Rct", thus correcting the popular name to read "Federal-Aid
Highway Act of 1970".
Subsec. (i). Pub. L. 93-87, Sec. 114, authorized promulgation of
noise-level standards for highways on any Federal-aid system for
which project approval has been secured prior to July 1, 1972, and
approval of any project on a Federal-aid system to which
noise-level standards are made applicable, described the range of
the projects, made money available for financing Federal share of
the project, and deemed such project a highway project for all
purposes of this title.
Subsec. (k). Pub. L. 93-87, Sec. 156, added subsec. (k).
1970 - Subsec. (g). Pub. L. 91-605, Sec. 136(a), substituted
provisions ordering the Secretary to issue within 30 days after
Dec. 31, 1970, guidelines, which will apply to all proposed
projects approved by the Secretary after their issuance, for
minimizing soil erosion from highway construction for provisions
authorizing the Secretary to consult with the Secretary of
Agriculture respecting guidelines for minimizing soil erosion from
highway construction and report such guidelines to Congress not
later than July 1, 1967.
Subsecs. (h) to (j). Pub. L. 91-605, Sec. 136(b), added subsecs.
(h) to (j).
1966 - Subsec. (b). Pub. L. 89-574, Sec. 5(a), required that in
all cases the standards provide for at least four lanes of traffic.
Subsec. (g). Pub. L. 89-574, Sec. 14, added subsec. (g).
1963 - Subsec. (b). Pub. L. 88-157 substituted "Such standards,
as applied to each actual construction project, shall be adequate
to enable such project to accommodate the types and volumes of
traffic anticipated for such project for the twenty-year period
commencing on the date of approval by the Secretary, under section
106 of this title, of the plans, specifications, and estimates for
actual construction of such project" for "Such standards shall be
adequate to accommodate the types and volumes of traffic forecast
for the year 1975", struck out "up" before "to such standards" and
inserted "all" in phrase "throughout all the States".
EFFECTIVE DATE OF 1991 AMENDMENT
Amendment by Pub. L. 102-240 effective Dec. 18, 1991, and
applicable to funds authorized to be appropriated or made available
after Sept. 30, 1991, and, with certain exceptions, not applicable
to funds appropriated or made available on or before Sept. 30,
1991, see section 1100 of Pub. L. 102-240, set out as a note under
section 104 of this title.
HIGHWAY SIGNS RELATING TO VETERANS CEMETERIES
Pub. L. 108-29, Sec. 3, May 29, 2003, 117 Stat. 772, provided
that:
"(a) In General. - Notwithstanding the terms of any agreement
entered into by the Secretary of Transportation and a State under
section 109(d) or 402(a) of title 23, United States Code, a
veterans cemetery shall be treated as a site for which a
supplemental guide sign may be placed on any Federal-aid highway.
"(b) Applicability. - Subsection (a) shall apply to an agreement
entered into before, on, or after the date of the enactment of this
Act [May 29, 2003]."
INTERNATIONAL ROUGHNESS INDEX
Pub. L. 105-178, title I, Sec. 1213(b), June 9, 1998, 112 Stat.
200, provided that:
"(1) Study. - The Comptroller General of the United States shall
conduct a study on the international roughness index that is used
as an indicator of pavement quality on the Federal-aid highway
system.
"(2) Required elements. - The study shall specify the extent of
usage of the index and the extent to which the international
roughness index measurement is reliable across different
manufacturers and types of pavement.
"(3) Report to congress. - Not later than 2 years after the date
of enactment of this Act [June 9, 1998], the Comptroller General
shall submit to Congress a report on the results of the study."
ENVIRONMENTAL STREAMLINING
Pub. L. 105-178, title I, Sec. 1309, June 9, 1998, 112 Stat. 232,
as amended by Pub. L. 105-206, title IX, Sec. 9004(c), July 22,
1998, 112 Stat. 843, provided that:
"(a) Coordinated Environmental Review Process. -
"(1) Development and implementation. - The Secretary shall
develop and implement a coordinated environmental review process
for highway construction and mass transit projects that require -
"(A) the preparation of an environmental impact statement or
environmental assessment under the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.), except that the
Secretary may decide not to apply this section to the
preparation of an environmental assessment under such Act; or
"(B) the conduct of any other environmental review, analysis,
opinion, or issuance of an environmental permit, license, or
approval by operation of Federal law.
"(2) Memorandum of understanding. -
"(A) In general. - The coordinated environmental review
process for each project shall ensure that, whenever
practicable (as specified in this section), all environmental
reviews, analyses, opinions, and any permits, licenses, or
approvals that must be issued or made by any Federal agency for
the project concerned shall be conducted concurrently and
completed within a cooperatively determined time period. Such
process for a project or class of project may be incorporated
into a memorandum of understanding between the Department of
Transportation and Federal agencies (and, where appropriate,
State agencies).
"(B) Establishment of time periods. - In establishing the
time period referred to in subparagraph (A), and any time
periods for review within such period, the Department and all
such agencies shall take into account their respective
resources and statutory commitments.
"(b) Elements of Coordinated Environmental Review Process. - For
each project, the coordinated environmental review process
established under this section shall provide, at a minimum, for the
following elements:
"(1) Federal agency identification. - The Secretary shall, at
the earliest possible time, identify all potential Federal
agencies that -
"(A) have jurisdiction by law over environmental-related
issues that may be affected by the project and the analysis of
which would be part of any environmental document required by
the National Environmental Policy Act of 1969 (42 U.S.C. 4321
et seq.); or
"(B) may be required by Federal law to independently -
"(i) conduct an environmental-related review or analysis;
or
"(ii) determine whether to issue a permit, license, or
approval or render an opinion on the environmental impact of
the project.
"(2) Time limitations and concurrent review. - The Secretary
and the head of each Federal agency identified under paragraph
(1) -
"(A)(i) shall jointly develop and establish time periods for
review for -
"(I) all Federal agency comments with respect to any
environmental review documents required by the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) for
the project; and
"(II) all other independent Federal agency environmental
analyses, reviews, opinions, and decisions on any permits,
licenses, and approvals that must be issued or made for the
project;
whereby each such Federal agency's review shall be undertaken and
completed within such established time periods for review; or
"(ii) may enter into an agreement to establish such time
periods for review with respect to a class of project; and
"(B) shall ensure, in establishing such time periods for
review, that the conduct of any such analysis, review, opinion,
and decision is undertaken concurrently with all other
environmental reviews for the project, including the reviews
required by the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.); except that such review may not be
concurrent if the affected Federal agency can demonstrate that
such concurrent review would result in a significant adverse
impact to the environment or substantively alter the operation
of Federal law or would not be possible without information
developed as part of the environmental review process.
"(3) Factors to be considered. - Time periods for review
established under this section shall be consistent with the time
periods established by the Council on Environmental Quality under
sections 1501.8 and 1506.10 of title 40, Code of Federal
Regulations.
"(4) Extensions. - The Secretary shall extend any time periods
for review under this section if, upon good cause shown, the
Secretary and any Federal agency concerned determine that
additional time for analysis and review is needed as a result of
new information that has been discovered that could not
reasonably have been anticipated when the Federal agency's time
periods for review were established. Any memorandum of
understanding shall be modified to incorporate any mutually
agreed-upon extensions.
"(c) Dispute Resolution. - When the Secretary determines that a
Federal agency which is subject to a time period for its
environmental review or analysis under this section has failed to
complete such review, analysis, opinion, or decision on issuing any
permit, license, or approval within the established time period or
within any agreed-upon extension to such time period, the Secretary
may, after notice and consultation with such agency, close the
record on the matter before the Secretary. If the Secretary finds,
after timely compliance with this section, that an environmental
issue related to the project that an affected Federal agency has
jurisdiction over by operation of Federal law has not been
resolved, the Secretary and the head of the Federal agency shall
resolve the matter not later than 30 days after the date of the
finding by the Secretary.
"(d) Participation of State Agencies. - For any project eligible
for assistance under chapter 1 of title 23, United States Code, or
chapter 53 of title 49, United States Code, a State, by operation
of State law, may require that all State agencies that have
jurisdiction by State or Federal law over environmental-related
issues that may be affected by the project, or that are required to
issue any environmental-related reviews, analyses, opinions, or
determinations on issuing any permits, licenses, or approvals for
the project, be subject to the coordinated environmental review
process established under this section unless the Secretary
determines that a State's participation would not be in the public
interest. For a State to require State agencies to participate in
the review process, all affected agencies of the State shall be
subject to the review process.
"(e) Assistance to Affected Federal Agencies. -
"(1) In general. - The Secretary may approve a request by a
State or recipient to provide funds for a highway project made
available under chapter 1 of title 23, United States Code, or for
a mass transit project made available under chapter 53 of title
49, United States Code, to the State for the project subject to
the coordinated environmental review process established under
this section to affected Federal agencies to provide the
resources necessary to meet any time limits established under
this section.
"(2) Amounts. - Such requests under paragraph (1) shall be
approved only -
"(A) for the additional amounts that the Secretary determines
are necessary for the affected Federal agencies to meet the
time limits for environmental review; and
"(B) if such time limits are less than the customary time
necessary for such review.
"(f) Judicial Review and Savings Clause. -
"(1) Judicial review. - Nothing in this section shall affect
the reviewability of any final Federal agency action in a
district court of the United States or in the court of any State.
"(2) Savings clause. - Nothing in this section shall affect the
applicability of the National Environmental Policy Act of 1969
(42 U.S.C. 4321 et seq.) or any other Federal environmental
statute or affect the responsibility of any Federal officer to
comply with or enforce any such statute.
"(g) Federal Agency Defined. - In this section, the term 'Federal
agency' means any Federal agency or any State agency carrying out
affected responsibilities required by operation of Federal law."
ROADSIDE SAFETY TECHNOLOGIES
Pub. L. 105-178, title I, Sec. 1402, June 9, 1998, 112 Stat. 236,
as amended by Pub. L. 105-206, title IX, Sec. 9005(c), July 22,
1998, 112 Stat. 848, provided that:
"(a) Crash Cushions. -
"(1) Guidance. - Not later than 18 months after the date of
enactment of this Act [June 9, 1998], the Secretary shall issue
guidance regarding the benefits and safety performance of
redirective and nonredirective crash cushions in different road
applications, taking into consideration roadway conditions,
operating speed limits, the location of the crash cushion in the
right-of-way, and any other relevant factors. The guidance shall
include recommendations on the most appropriate circumstances for
utilization of redirective and nonredirective crash cushions.
"(2) Use of guidance. - States shall use the guidance issued
under this subsection in evaluating the safety and
cost-effectiveness of utilizing different crash cushion designs
and determining whether redirective or nonredirective crash
cushions or other safety appurtenances should be installed at
specific highway locations.
"(b) Traffic Flow and Safety Applications of Road Barriers. -
"(1) Study. - The Secretary shall conduct a study on the
technologies and methods to enhance safety, streamline
construction, and improve capacity by providing positive
separation at all times between traffic, equipment, and workers
on highway construction projects. The study shall also address
how such technologies can be used to improve capacity and safety
at those specific highway, bridge, and other appropriate
locations where reversible lane, contraflow, and high occupancy
vehicle lane operations are implemented during peak traffic
periods.
"(2) Uses to consider. - In conducting the study, the Secretary
shall consider, at a minimum, uses of positive separation
technologies related to -
"(A) separating workers from traffic flow when work is in
progress;
"(B) providing additional safe work space by utilizing
adjacent and available traffic lanes during off-peak hours;
"(C) rapid deployment to allow for daily or periodic
restoration of lanes for use by traffic during peak hours as
needed;
"(D) mitigating congestion caused by construction by -
"(i) opening all adjacent and available lanes to traffic
during peak traffic hours; or
"(ii) using reversible lanes to optimize capacity of the
highway by adjusting to directional traffic flow; and
"(E) permanent use of positive separation technologies to
create contraflow or reversible lanes to increase the capacity
of congested highways, bridges, and tunnels.
"(3) Report. - Not later than 18 months after the date of
enactment of this Act [June 9, 1998], the Secretary shall submit
to Congress a report on the results of the study. The report
shall include findings and recommendations for the use of the
technologies referred to in paragraph (2) to provide positive
separation on appropriate projects."
METRIC REQUIREMENTS
Pub. L. 104-59, title II, Sec. 205(c), Nov. 28, 1995, 109 Stat.
577, as amended by Pub. L. 105-178, title I, Sec. 1211(d), June 9,
1998, 112 Stat. 188, provided that:
"(1) Placement and modification of signs. - The Secretary shall
not require the States to expend any Federal or State funds to
construct, erect, or otherwise place or to modify any sign relating
to a speed limit, distance, or other measurement on a highway for
the purpose of having such sign establish such speed limit,
distance, or other measurement using the metric system.
"(2) Other actions. - The Secretary shall not require that any
State use or plan to use the metric system with respect to
designing or advertising, or preparing plans, specifications,
estimates, or other documents, for a Federal-aid highway project
eligible for assistance under title 23, United States Code.
"(3) Definitions. - In this subsection, the following definitions
apply:
"(A) Highway. - The term 'highway' has the meaning such term
has under section 101 of title 23, United States Code.
"(B) Metric system. - The term 'metric system' has the meaning
the term 'metric system of measurement' has under section 4 of
the Metric Conversion Act of 1975 (15 U.S.C. 205c)."
TYPE II NOISE BARRIERS
Section 339(b) of Pub. L. 104-59 provided that:
"(1) General rule. - No funds made available out of the Highway
Trust Fund may be used to construct Type II noise barriers (as
defined by section 772.5(i) of title 23, Code of Federal
Regulations) pursuant to subsections (h) and (i) of section 109 of
title 23, United States Code, if such barriers were not part of a
project approved by the Secretary before the date of the enactment
of this Act [Nov. 28, 1995].
"(2) Exceptions. - Paragraph (1) shall not apply to construction
of Type II noise barriers along lands that were developed or were
under substantial construction before approval of the acquisition
of the rights-of-ways for, or construction of, the existing
highway."
HIGHWAY SIGNS FOR NATIONAL HIGHWAY SYSTEM
Section 359(b) of Pub. L. 104-59 provided that:
"(1) Study. - The Secretary shall conduct a study to determine
the cost, need, and efficacy of establishing a highway sign for
identifying routes on the National Highway System. In conducting
the study, the Secretary shall make a determination concerning
whether to identify National Highway System route numbers.
"(2) Report. - Not later than March 1, 1997, the Secretary shall
transmit to Congress a report on the results of the study."
USE OF RECYCLED PAVING MATERIAL
Section 1038 of Pub. L. 102-240, as amended by Pub. L. 104-59,
title II, Sec. 205(b), title III, Sec. 327, Nov. 28, 1995, 109
Stat. 577, 592, provided that:
"(a) Asphalt Pavement Containing Recycled Rubber Demonstration
Program. - Notwithstanding any other provision of title 23, United
States Code, or regulation or policy of the Department of
Transportation, the Secretary (or a State acting as the
Department's agent) may not disapprove a highway project under
chapter 1 of title 23, United States Code, on the ground that the
project includes the use of asphalt pavement containing recycled
rubber. Under this subsection, a patented application process for
recycled rubber shall be eligible for approval under the same
conditions that an unpatented process is eligible for approval.
"(b) Studies. -
"(1) In general. - The Secretary and the Administrator of the
Environmental Protection Agency shall coordinate and conduct, in
cooperation with the States, a study to determine -
"(A) the threat to human health and the environment
associated with the production and use of asphalt pavement
containing recycled rubber;
"(B) the degree to which asphalt pavement containing recycled
rubber can be recycled; and
"(C) the performance of the asphalt pavement containing
recycled rubber under various climate and use conditions.
"(2) Division of responsibilities. - The Administrator shall
conduct the part of the study relating to paragraph (1)(A) and
the Secretary shall conduct the part of the study relating to
paragraph (1)(C). The Administrator and the Secretary shall
jointly conduct the study relating to paragraph (1)(B).
"(3) Additional study. - The Secretary and the Administrator,
in cooperation with the States, shall jointly conduct a study to
determine the economic savings, technical performance qualities,
threats to human health and the environment, and environmental
benefits of using recycled materials in highway devices and
appurtenances and highway projects, including asphalt containing
over 80 percent reclaimed asphalt, asphalt containing recycled
glass, and asphalt containing recycled plastic.
"(4) Additional elements. - In conducting the study under
paragraph (3), the Secretary and the Administrator shall examine
utilization of various technologies by States and shall examine
the current practices of all States relating to the reuse and
disposal of materials used in federally assisted highway
projects.
"(5) Report. - Not later than 18 months after the date of the
enactment of this Act [Dec. 18, 1991], the Secretary and the
Administrator shall transmit to Congress a report on the results
of the studies conducted under this subsection, including a
detailed analysis of the economic savings and technical
performance qualities of using such recycled materials in
federally assisted highway projects and the environmental
benefits of using such recycled materials in such highway
projects in terms of reducing air emissions, conserving natural
resources, and reducing disposal of the materials in landfills.
"(c) DOT Guidance. -
"(1) Information gathering and distribution. - The Secretary
shall gather information and recommendations concerning the use
of asphalt containing recycled rubber in highway projects from
those States that have extensively evaluated and experimented
with the use of such asphalt and implemented such projects and
shall make available such information and recommendations on the
use of such asphalt to those States which indicate an interest in
the use of such asphalt.
"(2) Encouragement of use. - The Secretary should encourage the
use of recycled materials determined to be appropriate by the
studies pursuant to subsection (b) in federally assisted highway
projects. Procuring agencies shall comply with all applicable
guidelines or regulations issued by the Administrator of the
Environmental Protection Agency.
"(d) Asphalt Pavement Containing Recycled Rubber. -
"(1) Crumb rubber modifier research. - Not later than 180 days
after the date of the enactment of the National Highway System
Designation Act of 1995 [Nov. 28, 1995], the Secretary shall
develop testing procedures and conduct research to develop
performance grade classifications, in accordance with the
strategic highway research program carried out under section
307(d) of title 23, United States Code, for crumb rubber modifier
binders. The testing procedures and performance grade
classifications should be developed in consultation with
representatives of the crumb rubber modifier industry and other
interested parties (including the asphalt paving industry) with
experience in the development of the procedures and
classifications.
"(2) Crumb rubber modifier program development. -
"(A) In general. - The Secretary may make grants to States to
develop programs to use crumb rubber from scrap tires to modify
asphalt pavements.
"(B) Use of grant funds. - Grant funds made available to
States under this paragraph shall be used -
"(i) to develop mix designs for crumb rubber modified
asphalt pavements;
"(ii) for the placement and evaluation of crumb rubber
modified asphalt pavement field tests; and
"(iii) for the expansion of State crumb rubber modifier
programs in existence on the date the grant is made
available.
"(e) Definitions. - For purpose of this section -
"(1) the term 'asphalt pavement containing recycled rubber'
means any mixture of asphalt and crumb rubber derived from whole
scrap tires, such that the physical properties of the asphalt are
modified through the mixture, for use in pavement maintenance,
rehabilitation, or construction applications; and
"(2) the term 'recycled rubber' is any crumb rubber derived
from processing whole scrap tires or shredded tire material taken
from automobiles, trucks, or other equipment owned and operated
in the United States."
SURVEY AND REPORT ON UPGRADING OF DESIGN STANDARDS
Section 1049 of Pub. L. 102-240 directed Secretary to conduct a
survey to identify current State standards relating to geometric
design, traffic control devices, roadside safety, safety
appurtenance design, uniform traffic control devices, and sign
legibility and directional clarity for all Federal-aid highways
and, not later than 2 years after Dec. 18, 1991, to transmit to
Congress a report on the results of the survey and the
crashworthiness of traffic lights, traffic signs, guardrails,
impact attenuators, concrete barrier treatments, and breakaway
utility poles for bridges and roadways currently used by States.
EROSION CONTROL GUIDELINES
Section 1057 of title I of Pub. L. 102-240 provided that:
"(a) Development. - The Secretary shall develop erosion control
guidelines for States to follow in carrying out construction
projects funded in whole or in part under this title [see Tables
for classification].
"(b) More Stringent State Requirements. - Guidelines developed
under subsection (a) shall not preempt any requirement made by or
under State law if such requirement is more stringent than the
guidelines.
"(c) Consistency With Other Programs. - Guidelines developed
under subsection (a) shall be consistent with nonpoint source
management programs under section 319 of the Federal Water
Pollution Control Act [33 U.S.C. 1329] and coastal nonpoint
pollution control guidance under section 6217(g) of the Omnibus
Budget Reconciliation Act of 1990 [16 U.S.C. 1455b(g)]."
ROADSIDE BARRIER TECHNOLOGY
Section 1058 of Pub. L. 102-240, as amended by Pub. L. 104-59,
title III, Sec. 328, Nov. 28, 1995, 109 Stat. 593, provided that:
"(a) Requirement for Innovative Barriers. - Not less than 2 1/2
percent of the mileage of new or replacement permanent or temporary
crashworthy barriers included in awarded contracts along
Federal-aid highways within the boundaries of a State in each
calendar year shall be innovative crashworthy safety barriers.
"(b) Certification. - Each State shall annually certify to the
Secretary its compliance with the requirements of this section.
"(c) Definition of Innovative Crashworthy Safety Barrier. - For
purposes of this section, the term 'innovative crashworthy safety
barrier' means a barrier, other than a guardrail or guiderail,
classified by the Federal Highway Administration as 'experimental'
or that was classified as 'operational' after January 1, 1985, and
that meets or surpasses the requirements of the National
Cooperative Highway Research Program 350 for longitudinal
barriers."
ROADSIDE BARRIERS AND SAFETY APPURTENANCES
Section 1073 of Pub. L. 102-240 provided that:
"(a) Initiation of Rulemaking Proceeding. - Not later than 30
days after the date of the enactment of this Act [Dec. 18, 1991],
the Secretary shall initiate a rulemaking proceeding to revise the
guidelines and establish standards for installation of roadside
barriers and other safety appurtenances, including longitudinal
barriers, end terminals, and crash cushions. Such rulemaking shall
reflect state-of-the-art designs, testing, and evaluation criteria
contained in the National Cooperative Highway Research Program
Report 230, relating to approval standards which provide an
enhanced level of crashworthy performance to accommodate vans,
mini-vans, pickup trucks, and 4-wheel drive vehicles.
"(b) Final Rule. - Not later than 1 year after the date of the
enactment of this Act [Dec. 18, 1991], the Secretary shall complete
the rulemaking proceeding initiated under subsection (a), and issue
a final rule regarding the implementation of revised guidelines and
standards for acceptable roadside barriers and other safety
appurtenances, including longitudinal barriers, end terminals, and
crash cushions. Such revised guidelines and standards shall
accommodate vans, mini-vans, pickup trucks, and 4-wheel drive
vehicles and shall be applicable to the refurbishment and
replacement of existing roadside barriers and safety appurtenances
as well as to the installation of new roadside barriers and safety
appurtenances."
STUDIES RELATING TO ESTABLISHMENT OF STANDARDS FOR RESURFACING,
RESTORATION, AND REHABILITATION OF HIGHWAYS AND TO ESTABLISHMENT OF
UNIFORM STANDARDS AND CRITERIA FOR TESTING AND INSPECTING HIGHWAYS
AND BRIDGES
Section 110(b), (c) of Pub. L. 97-424 provided that:
"(b) The Secretary of Transportation shall enter into appropriate
arrangements with the National Academy of Sciences (1) to conduct a
study of the safety cost-effectiveness of geometric design criteria
of standards currently in effect for construction and
reconstruction of highways, other than highways access to which is
fully controlled, to determine the most appropriate minimum
standards to apply to resurfacing, restoration, and rehabilitation
projects on such highways, which study shall include a study of the
cost effectiveness of the hot dip galvanizing process for the
installation, repair, or replacement of exposed structural and
miscellaneous steel, and (2) to propose standards to preserve and
extend the service life of such highways and enhance highway
safety. The National Academy of Sciences shall conduct such study
in cooperation with the National Transportation Safety Board, the
Congressional Budget Office, and the American Association of State
Highway and Transportation Officials. Upon completion of such
study, the National Academy of Sciences shall submit such study and
its proposed standards to the Secretary of Transportation for
review. Within ninety days after submission of such standards to
the Secretary of Transportation, the Secretary shall submit such
study and the proposed standards of the National Academy of
Sciences, together with the recommendations of the Secretary, to
Congress for approval.
"(c)(1) The Secretary of Transportation is directed to coordinate
a study with the National Bureau of Standards, the American Society
for Testing and Materials, and other organizations as deemed
appropriate, (A) to determine the existing quality of design,
construction, products, use, and systems for highways and bridges;
(B) to determine the need for uniform standards and criteria for
design, processing, products, and applications, including personnel
training and implementation of enforcement techniques; and (C) to
determine the manpower needs and costs of developing a national
system for the evaluation and accreditation of testing and
inspection agencies.
"(2) The Secretary shall submit such study to the Congress not
later than one year after the date of enactment of this section
[Jan. 6, 1983]."
EXPENDITURE OF FEDERAL FUNDS FOR HIGHWAY SIGNS USING METRIC SYSTEM
Section 144 of Pub. L. 95-599, as amended by Pub. L. 96-106, Sec.
14, Nov. 9, 1979, 93 Stat. 798, which prohibited use of Federal
funds for signing solely in the metric system, was repealed by Pub.
L. 102-240, title I, Sec. 1053, Dec. 18, 1991, 105 Stat. 2001.
MODIFICATION OF PROJECT AGREEMENTS TO EFFECTUATE REQUIREMENT OF
FOUR-LANES OF TRAFFIC
Authorization to modify projects agreements entered into prior to
September 13, 1966, to effectuate the amendment of this section by
Pub. L. 89-574 which added the requirement of four-lanes of
traffic, see section 5(b) of Pub. L. 89-574, set out as a note
under section 106 of this title.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 103, 106, 115, 142 of
this title.
-End-
[edit] Note about United States
Besides the word "American" mentioned as part of the name of the agency in charge, there is no note of location. Can we add a note making it clear this applies to the United States of America only?
- I added "in the United States" to the introduction. I think that's clear enough. Jpp42 13:18, 20 May 2007 (UTC)
