(c)

D-5 (Cont.)

Paragraph 4.b. (6) General Law Division

Performs legal research and prepares

legal opinions involving interpretation of
laws, regulations, procedures and policy memo-
randa relating to grants-in-aid for highways
and highway safety, motor vehicle safety,
motor carrier safety, and other laws ad-
ministered under the Federal Highway Admin-
istration, and questions of eligibility for
Federal reimbursement where such questions
do not involve acquisition or land use activi-
ties. Renders legal services as required in
the negotiation, drafting, execution and ad-
ministration of Federal or Federal-aid con-
tracts involving any element of the Federal
Highway Administration including contracts
for highway construction, procruement con-
tracts and research and development contracts.
Performs legal services to assure compliance
with equal opportunity regulations, applicable
labor standards and other contract requirements.
Reviews State statutes, such as highway weight
and width laws to determine compliance with
applicable Federal requirements. Maintains
the legal precedent files and operates the law
library of the Office of Chief Counsel.

FHWA Order 1-2.7

Federal Highway Administration Field Offices
Paragraphs 2.a, 3.a(1), 3.b(1), 3.d

2. GENERAL

a. The field offices of the Federal Highway Administration execute at local levels the Federal Highway Administration's responsibilities for administration of the Federal-aid, direct construction and other highway programs, the national highway safety and the motor vehicle and traffic safety programs, and the motor carrier safety programs.

D-5 (Cont.)

3. FUNCTIONS AND RESPONSIBILITIES

a.

Regional Federal Highway Administrator, Represents the Federal Highway Administrator in administering each of the following:

(1)

Federal-aid and direct Federal highway programs in cooperation with the State and other Federal agencies as prescribed by Title 23, U.S.C., "Highways", and related highway legislation, under the policy direction and technical guidance of the headquarters office of the Bureau of Public Roads:

b. Staff Offices

(1) Regional Counsel: All necessary legal services are furnished to the Regional Federal Highway Administrator, to his staff, program offices and operating divisions by Regional and Assistant Regional Counsel, who perform their duties subject to the professional supervision, guidance and coordination of the Chief Counsel. (See FHWA Order 1-2.3).

d. Operating Division Offices: Division offices headed by a Division Engineer form the link between the Federal Highway Administration Regional Office and the State highway departments and other organizations and State agencies concerned with Federal-aid and direct highway construction programs. Although geographically and administratively under regional office jurisdiction, these offices operate technically as Bureau of Public Roads Division Offices in administering the Federal-aid program in a particular State. Accordingly, each operating division office is organized basically the same, and is composed of staff branches which carry out the Federal-aid highway program functions and direct Federal highway construction as applicable at State levels, as follows:

D-5 (Cont.)

(a)

For Federal-aid highway operating activities, most
division offices are divided into districts headed
by district engineers. The districts in turn are
subdivided into geographical areas, each headed by
an area engineer who is responsible for highway
projects within his assigned area.

AM 1-10.2 Bureau of Public Roads

Delegations of Authority (Program) (Regional Federal
Highway Administrators)

Paragraph 19.

LIQUIDATED DAMAGES UNDER THE

CONTRACT WORK HOURS STANDARDS

ACT

Pursuant to Title 29, Code of Federal Regulations, regional administrators are delegated the authority to make administrative determinations in cases involving violations of the Contract Work Hours Standards Act when the liquidated damages are computed to be $100 or less, of whether the violation is advertent or inadvertent; and also to effect final resolution of such cases when the violation is determined to be inadvertent. Violations determined to be advertent, or which involve liquidated damages computed to be in excess of $100, will be referred to the Office of the Chief Counsel for appropriate action.

APPENDIX E-1

CHAPTER E-100 PAYROLL DEDUCTIONS

E-100-1 Rules: Payroll deductions which may be made without prior application to, or approval of, the Secretary of Labor are set forth in section 3.5, Title 29, Code of Federal Regulations. Deductions which are permissible only with the prior approval of the Secretary of Labor are set forth in section 3.6 of the Regulations.

E-100-2 Deductions Which Have Been Disallowed: The most common basis upon which the Secretary of Labor finds it necessary to disallow a deduction is where it is found that the purpose is, in reality, for the benefit of the employer rather than the employee. Among proposed deductions which the Secretary of Labor has disapproved are the following:

E-100-2.1 Cost of Working Equipment or Damage Thereto:

(a)

(b)

Damage to Company Property: Deductions from an employee's wages to pay for damages caused by the employee to company equipment, e.g., trucks, are not permitted.

Tools of the Trade: Where the employer
requires the employee to provide his tools
of his trade, which will be used for per-
formance of the employer's particular work,
deductions covering the cost of such tools
are not permitted.

(c) Loss or Destruction of Company Tools, Clothing, etc.: Deductions for the cost of lost or destroyed clothing, and other items issued

to employees for use in performing their jobs are not permitted.