MATERIAL TRANSMITTED. A new Federal-Aid Policy Guide (FAPG) is hereby transmitted in accordance with the provisions of the FHWA Directives System Handbook, FHWA Order H 1321.1A, dated December 9, 1991.

ISSUANCE AFFECTED. The Federal-Aid Highway Program Manual (FHPM) is canceled in its entirety by FHWA Order H 1321.1A.

BACKGROUND

1. As a result of dicussions at previous Regional Administrator meetings and a recommendation by the Task Force on Internal Communications, the Office of Management Systems (OMS) is updating the current FHWA Directives System. The primary objectives of this effort are to (1) eliminate the FHPM and replace it with a looseleaf issuance comprised of the Code of Federal Regulations (CFR), nonregulatory supplements to the various CFR parts, and other nonregulatory material not related to the CFR; (2) identify and validate Federal-aid policies and procedures issued in nondirective format (e.g., memorandums) and incorporate the materials into the directives system; and (3) establish an electronic policy reference system. An FHWA Directives System Working Group comprised of representatives from the Washington Headquarters originating offices and selected field offices is assisting the OMS in this effort.

2. This initial edition of the FAPG consists of all regulatory material in the FHPM converted to the CFR numbering system and nonregulatory material in the FHPM determined by the originating offices to be current and valid. The nonregulatory material appears in the FAPG as supplements to CFR parts printed on yellow paper immediately following the corresponding CFR parts and as non CFR-related materials, also printed on yellowpaper under a series of separate chapters. The Washington Headquarters originating offices are presently reviewing the Federal-aid policies and procedures issued in nondirective format and identifying those materials to be retained and issued in the FAPG; these materials will be issued as a future FAPG change.

COMMENTS

1. The new FAPG differs from the FHPM in several key respects.

   • (1) The regulatory material in the FAPG appears just as it does in the CFR, using the same numbering system.

   • (2) In the FAPG, the regulations and related nonregulatory materials are physically separated. This feature relieves the program offices of the burden of preparing rulemaking changes in Federal Register format and then a largely duplicative FHPM document and should facilitate keeping the FAPG current.

   • (3) In addition to the existing contents of the FHPM geared to Title 23 of the CFR, the FAPG contains regulations found in Parts 18, 24, and 90 of Title 49, relating respectively to grants to State and local governments, relocation and real property acquisition, and audits of State and local governments.

2. Although the FAPG contains the verbatim regulatory material extracted from the CFR, and the uncodified regulations issued in the Federal Register through May 31, 1991, it is intended to be a convenient agency reference document and is not to be relied upon as an official legal document. Individual final rules as published in the Federal Register and the CFR should be relied upon as the official legal issuances.

3. Future revisions to the FAPG will be issued by the Associate Administrator for Administration, provided that (1) any regulatory provisions have been approved at the Administrator level and by the OMB, and (2) the appropriate Washington Headquarters program official has approved the nonregulatory guidance materials.

4. Changes to other FHWA directives and printed issuances reflecting the cancellation of the FHPM and the issuance of the new FAPG will be issued in the future.

ACTION. Each recipient office is responsible for filing the attached FAPG pages into the binders provided as well as filing the revised pages when future changes to the FAPG are issued.