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Federal-aid Program Administration

This document was superseded by Stewardship and Oversight Agreement Implementation Guidance on 12/09/2013.

Stewardship/Oversight Task Force - Appendix C

List of Regulations Subject to Revision as a Result of the Restated Policy

The word "exempt" appears in numerous sections of Title 23, Code of Federal Regulations. The following sections should be revised to eliminate reference to "exempt" term and reflect restated policy:

  • 230.403, 407(m), 415(c)(4), 450.424(b), 635.124(b), 637.207(c)(iv)(3), 640.109(a)(2), and 668.113(b)(1).

The phrase "project oversight exceptions" appears in 23 CFR 668.113(b)(1). This section should be revised to reflect restated policy.

References to (construction) inspections should be reviewed and revised in light of the program efficiencies (Section 1016) contained in ISTEA. Inspections are referenced in the following sections of Title 23, Code of Federal Regulations:

  • 140.607, 640.113(d), 712.204(f), and 771.109(b).

TEA-21 deleted all discussion of Certification Acceptance from Title 23, United States Code. The following sections of Title 23, Code of Federal Regulations, should be revised accordingly:

  • 172.1, 200.13, 630.203, 633.102(c), 635.102, 635.124(b), 635.202, 635.303, 635.405, and 640.

The "Combined Road Plan" was a limited demonstration program in the 1980s. Similar to Certification Acceptance, the Program Efficiencies authorized in ISTEA and TEA-21 effectively eliminated the need for this program. 23 CFR 172.1 should be revised accordingly.

There are a number of references in Title 23, Code of Federal Regulations, to the Secondary Road Plan (SRP). The Federal-aid Secondary System was repealed by ISTEA. These following references should be removed:

  • 1.2, 172.1(b), and 630.203

In addition, Section 106, Title 23 of the United States Code, 106 Project Approval and Oversight, as amended by Section 1305 of TEA-21, STAs assume certain project activities related to design; plans, specifications, and estimates (PS&Es); contract awards; and inspection of projects. The following sections of Title 23, Code of Federal Regulations, should be revised accordingly:

  • Design - 646.214
  • PS&E Submittals - 635.205(c), 771.109(b)
  • Contract Awards - 635
  • Inspections - see above

Appendix B | Report | Appendix D

Contact

Peter Kleskovic
Office of Program Administration
202-366-1564
E-mail Peter

 
 
Updated: 02/04/2014
 

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United States Department of Transportation - Federal Highway Administration