FHWA/NYSDOT SAFETEA-LU Agreement

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Appendix B - SAFETEA-LU Project Approval Matrix
Funding Highway System Project Type Environmental Actions Design and R/W Actions Procurement and Construction Actions
NEPA SEQR Approve Consultant Agreements (9) Design Exceptions Design Approval New/Revised Access Points (10) Approve Air Space Agreements Approve Non-Highway Use and Occupancy Utility and RR Agreements PS&E Approval Use of Force Account Contracting Concur in Award Approve OOCs Approve Time Extensions Concur in Settlement of Claims Waive Buy America Provisions Final Acceptance
CEs (7) EAs (8) EISs (8) Endangered Species Act Effect Determination E.O. 11990 Wetland Finding Section 106 Section 4(f)
Fed-aid Interstate Projects ≥ $5 million (1,2) NYSDOT/FHWA FHWA FHWA FHWA FHWA FHWA FHWA NYSDOT NYSDOT/ FHWA FHWA FHWA FHWA FHWA FHWA NYSDOT FHWA FHWA FHWA FHWA FHWA FHWA FHWA FHWA
Projects < $5 million (1) NYSDOT NYSDOT NYSDOT NYSDOT NYSDOT NYSDOT NYSDOT NYSDOT NYSDOT
Non-Interstate (5) ≥ $100 million (2,3) NYSDOT/ FHWA FHWA FHWA FHWA FHWA FHWA FHWA NYSDOT NYSDOT/ FHWA FHWA FHWA NYSDOT NYSDOT NYSDOT NYSDOT FHWA FHWA FHWA FHWA FHWA FHWA FHWA FHWA
Major and unusual structures (4)
Freeways on New Location
EIS Projects
Appalachian Highways (Rt 15) FHWA FHWA FHWA
Rt 17 segments to be designated as I-86
All Others NYSDOT NYSDOT NYSDOT NYSDOT NYSDOT NYSDOT NYSDOT (11) NYSDOT NYSDOT NYSDOT NYSDOT NYSDOT
ITS Interstate (6) NYSDOT/ FHWA FHWA FHWA FHWA FHWA FHWA FHWA NYSDOT NYSDOT/ FHWA FHWA FHWA FHWA FHWA FHWA NYSDOT FHWA FHWA FHWA FHWA FHWA FHWA FHWA FHWA
Non-Interstate (6) NYSDOT NYSDOT NYSDOT

Footnotes for Appendix B-APPENDIX B - SAFETEA-LU Project Approval Matrix

  1. NYSDOT assumes oversight on all 1R, element specific, VPP, sign replacement, Type II (retrofit) noise abatement, rest area (an approved copy of the Final Design Report shall be submitted to the FHWA for informational purposes), pavement marking, and guardrail replacement contracts no matter what the contract amount is. For a full list of element specific projects, refer to Appendix 7 in NYSDOT's Project Development Manual.
  2. Project Management Plans are required for all projects ≥ $500 million. Refer to future Appendix 15 in the Project Development Manual for procedures and requirements.
  3. Based on cost to complete design, right-of-way, and construction stages.
  4. This project category includes tunnels and the following bridge types: segmental, cable-stayed, suspension, and movable. It also includes the four major East River Bridges and the East River Bridge Preventive Maintenance contracts in New York City.
  5. It is anticipated that only a few non-NHS projects will require FHWA oversight under the SAFETEA-LU Agreement.
  6. FHWA assumes oversight on all ITS projects and elements according to the FHWA Division Policy for Implementing ITS Projects. See Appendix D.
  7. Pursuant to the July 1996 Programmtic CE Agreement, NYSDOT has been delegated the authority for automatic and programmatic CE determinations. Projects not classified as either automatic or programmatic Categorical Exclusions are still required to be submitted to the FHWA for action.
  8. FHWA approval is also required at NEPA scoping for the Purpose & Need Statement and the set of alternatives that will be advanced for environmental studies under Environmental Assessments and Environmental Impact Statements.
  9. Pursuant to 23 CFR 172.9c, the FHWA must approve the selection of consultants used for projects ≥ $500 million.
  10. Access modifications to the Interstate require FHWA approval even if the project is 100% state funded.
  11. Force Account use for this category of projects must comply with state procedures. All other projects in this column must comply with 23 CFR 635, Subpart B.
 
Updated: 06/05/2012
 

FHWA
United States Department of Transportation - Federal Highway Administration