forth in the contract for such construction as predetermined under State law or, in the absence thereof, by the State highway department.

(e) Construction by Federal agencies. In those cases where construction work on Federal-aid highways is being performed by any Federal agency under its procedures and by Federal contract, the labor standards relating to direct Federal contracts shall be applicable.

§1.25 Railway-highway crossing projects.

(a) Requirements for agreements or orders. Before a project for the elimination of hazards at a railway-highway crossing shall be approved for construction with the aid of Federal funds, irrespective of the Federal share of the cost of such construction, either (1) an agreement shall have been entered into between the State highway department and the railroad concerned; or (2) an order authorizing the project shall have been issued by the State public utility commission or other agency or official having comparable powers. Such agreement or order shall contain provisions specifying responsibility for and pertinent details concerning construction, maintenance, and railroad contributions relating to the project, which, subject to 23 United States Code, section 130, and other applicable Federal law, conform to, and are not inconsistent with, the policies, classifications of projects and procedures prescribed by the Administrator. In extraordinary cases, where the Administrator finds that the circumstances are such that requiring such agreement or order would not be in the best interests of the public, projects may be approved for construction with the aid of Federal funds without requiring such agreement or order prior to such approval, provided provisions satisfactory to the Administrator have been made with respect to construction, maintenance and railroad contributions relating to the project.

(b) Applicability of State laws. State laws pursuant to which contributions are imposed upon railroads for the elimination of hazards at railway-highway crossings shall be held not to apply to Federal-aid projects.

§ 1.26 Highway planning and research projects.

(a) The funds programed for highway planning and research projects under 23 U.S.C. 307(c) (1) and (3) shall be administered as a single fund, but the identity of such funds, as Interstate, primary, secondary or urban, shall be preserved.

(b) The funds programed for highway planning and research projects under 23 U.S.C. 307(c) (2) shall be administered as a single fund.

(Sec. 6, 77 Stat. 277, 23 U.S.C. 307) [30 F.R. 13255, Oct. 19, 1965]

§ 1.27 Maintenance.

The responsibility imposed upon the State highway department, pursuant to 23 U.S.C. 116, for the maintenance of projects shall be carried out in accordance with policies and procedures issued by the Administrator. The State highway department may provide for such maintenance by formal agreement with any adequately equipped county, municipality or other governmental instrumentality, but such agreement shall not relieve the State highway department of its responsibility for such maintenance.

§ 1.28 Diversion of highway revenues.

(a) Reduction in apportionment. If the Secretary shall find that any State has diverted funds contrary to 23 U.S.C. 126, he shall take such action as he may deem necessary to comply with said provision of law by reducing the first Federal-aid apportionment of primary, secondary and urban funds made to the State after the date of such finding. In any such reduction, each of these funds shall be reduced in the same proportion.

(b) Furnishing of information. The Administrator may require any State to submit to him such information as he may deem necessary to assist the Secretary in carrying out the provisions of 23 U.S.C. 126 and paragraph (a) of this section.

§1.29 Vehicle weight and width limitation.

When requested by the Administrator, each State shall certify to the Administrator, with such pertinent information as he may require, whether or not its laws and regulations conflict with the limitations of 23 U.S.C. 127 as

to weight and width of vehicles which may lawfully use the Interstate System within the boundaries of that State.

§1.30 Records and Documents.

(a) General. Each State highway department shall maintain or cause to be maintained all records (including source data) relating to projects undertaken pursuant to Federal law and the regulations. The records shall be maintained in the form and manner to be prescribed by the Federal Highway Administrator and set forth in a "Retention Schedule of Federal-Aid Highway Records for State Highway Departments." Except as otherwise shown, the minimum retention period specified by the Federal Highway Administrator in the records schedule begin with the date of the final payment of Federal funds to the State with respect to a particular project. Microfilm may not be substituted for any category of original documentation unless such substitution is provided for in the schedule or is specifically authorized by the Federal Highway Administrator. Nothing contained in this secton shall be construed to excuse noncompliance with requirements of any other governmental body, Federal or State, prescribing a longer retention period for any category of records.

(b) Toll facilities. Where Federal funds participate in a project for the construction of a toll bridge, toll tunnel, or approach to a toll facility under 23 U.S.C. 129, the State highway department shall maintain or cause to be maintained all records (including source data) set forth in the records schedule specified in paragraph (a) of this section. Such records shall be retained until the facility shall have been operated on a toll-free basis for a period of at least 3 consecutive years.

(c) Availability for inspection. Records and source data maintained under paragraphs (a) and (b) of this section shall be available at all reasonable times for inspection by any authorized representative of the Federal Government and copies thereof shall be furnished when requested.

(d) Waivers. No waiver from any provision of this section will be granted by the Federal Highway Administrator without full justification by the State highway department. Each written request from a State highway department for a waiver shall demonstrate that unusual circumstances warrant a departure from the prescribed minimum records retention period, procedures or techniques, or that compliance with the retention schedule would impose an unreasonable burden upon the State or contractor. The granting of a waiver is expressly reserved to the Federal Highway Administrator who shall make the determination that said waiver is in the public interest.

[31 F.R. 9270, July 7, 1966]

§ 1.31 Payments.

States may submit requests for payments of Federal funds claimed to be due on account of a project. Such requests shall be in the form of vouchers as prescribed by the Administrator, and shall be certified and accompanied with such supporting data as the Administrator may require. Such vouchers may be submitted from time to time as the work progresses and shall be submitted promptly after completion of the project to which the voucher pertains.

§1.32 Policies, procedures, orders, and memorandums.

(a) The Administator shall promulgate and require the observance of policies and procedures, and may take other action as he deems appropriate or necessary for carrying out the provisions and purposes of Federal laws, the policies of the Federal Highway Administration, and the regulations in this part. No such direction, policy, rule, procedure, or interpretation contained in a Federal Highway Administration order or memorandum shall be considered a regulation or create any right or privilege not specifically stated therein. (b) The orders and memorandums referred to in this section are:

(1) FHWA orders. These orders are issued by the Federal Highway Administration and set forth the policy, requirements, and general procedures of the Federal Highway Administration.

2. Bureau of Public Roards policy and procedure memorandums (PPM's). These memorandums set forth policy and procedural requirements for Bureau programs.

(3) Bureau of Public Roads administrative memorandums (AM's). These memorandums set forth administrative policies and procedures for Bureau programs.

(4) Bureau of Public Roads instructional memorandums (IM's). These memorandums are issued on an interim basis and set forth Bureau policy and procedure until such time as they are supplanted by a permanent memorandum or order, such as a PPM.

(c) Indices to FHWA orders, PPM's, AM's, and IM's may be obtained from the Federal Highway Administration, Office of the Records Officer, Seventh and E Streets SW., Washington, D.C. 20591. Copies of these orders and memorandums are available for inspection at the facilities listed in Appendix D of Part 7 of Title 49 of this Code. Selected orders and memorandums are contained in Appendix A to this part.*

§1.33 Conflicts of interest.

No official or employee of a State or any other governmental instrumentality who is authorized in his official capacity to negotiate, make, accept or approve, or to take part in negotiating, making, accepting or approving any contract or subcontract in connection with a project shall have, directly or indirectly, any financial or other personal interest in any such contract or subcontract. No engineer, attorney, appraiser, inspector or other person performing services for a State or a governmental instrumentality in connection with a project shall have, directly or indirectly, a financial or other personal interest, other than his employment or retention by a State or other governmental instrumentality, in any contract or subcontract in connection with such project. No officer or employee of such person retained by a State or other governmental instrumentality shall have, directly or indirectly, any financial or other personal interest in any real property acquired for a project unless such interest is openly disclosed upon the public records of the State highway department and of such other governmental instrumentality, and such officer, employee or person has not participated in such acquisition for and in behalf of the State. It shall be the responsibility of the State to enforce the requirements of this section.

§ 1.34 Secondary road plan.

The approval by the Administrator of a State's certified statement of its secondary road plan, pursuant to 23 U.S.C. 117 will remain in effect for such time as the Administrator in his discretion may determine. Projects undertaken pursuant to such approved certified statement shall not be subject to the following sections of the regulations in this part: §§ 1.10; 1.15; 1.16; 1.18; 1.19; 1.20; 1.21; 1.22; 1.24 (b), (c), (d) and (e).

§ 1.35 Advertising.

(a) Agreements. Any agreement entered into pursuant to the provisions of 23 U.S.C. 131 shall provide for the control or regulation of outdoor advertising, consistent with the Advertising Standards and Advertising Policy, in areas adjacent to the entire mileage of the Interstate Systems within that State, except such segments as may be excluded from application of such Standards and Policy by 23 U.S.C. 131. Such agreements may be modified, amended or supplemented as the Administrator may determine is necessary. (b) Informational sites. Any such agreement for the control of advertising may provide for establishing publicly owned informational sites, whether publicly or privately operated, within the limits of or adjacent to the right-of-way of the Interstate System on condition that no such site shall be established or maintained except at locations and in accordance with plans, in furtherance of the Advertising Policy and consistent with the Advertising Standards, submitted to and approved by the Administrator.

(c) Acquisition of advertising rights. Federal funds may participate in the cost of acquiring rights to advertise or to regulate advertising only if the purpose of such acquisition is to accomplish the objectives stated in 23 U.S.C. 131. Projects for the acquisition of advertising rights shall embrace a segment of the highway of sufficient length to promote the objectives of the Advertising Policy. Within the limits of any such segment, provisions shall be made for acquiring all of the advertising rights on both sides of the highway necessary to effectuate the Advertising Policy and Advertising Standards. No advertising right in the acquisition of which Federal funds participated shall be disposed of without the prior approval of the Administrator.

*Amended 34 F.R. 728, Jan. 17, 1969, and F.R. 6322, Apr. 16, 1970.

§ 1.36 Compliance with Federal laws and regulations.

If the Administrator determines that a State has violated or failed to comply with the Federal laws or the regulations in this part with respect to a project, he may withhold payment to the State of Federal funds on account of such project, withhold approval of further projects in the State, and take such other action that he deems appropriate under the circumstances, until compliance or remedial action has been accomplished by the State to the satisfaction of the Administrator.

§ 1.37 Delegation of authority.

The Administrator has been delegated authority to perform the functions vested in the Secretary under Federal law, except the apportionment of Federal-aid funds among the States. The Secretary has reserved to himself the function of issuing or revising regulations.

The Administrator is authorized to redelegate any power or authority conferred upon him to the Commissioner or to any other official or employee of the Bureau of Public Roads as in his judgment will result in efficiency and economy in the effectuation of the purposes of Federal law and the regulations in this part. Any redelegation by the Administrator may include the power to make successive redelegations of authority to the extent deemed desirable by him. Delegations made under regulations heretofore in effect shall continue in full force and effect until modified or revoked.

§ 1.38 Application of regulations.

The regulations in this part shall take effect upon publication in the Federal Register and shall supersede all regulations heretofore in effect for carrying out the provisions of Federal laws.

Appendix A*

Policy and Procedure Memoranda

This appendix contains selected Policy and Procedure Memoranda issued by the Bureau of Public Roads.

Par.

POLICY AND PROCEDURE MEMORANDUM 20-8 PUBLIC HEARINGS AND

1. Purpose.

2. Authority.

3. Applicability.

4. Definitions.

5. Coordination.

6. Hearing Requirements.

LOCATION APPROVAL

7. Opportunity for Public Hearings.

8. Public Hearing Procedures.

9. Consideration of Social, Economic, and Environmental Effects. 10. Location and Design Approval.

11. Publication of Approval.

12. Reimbursement for Public Hearing Expenses.

1. Purpose. The purpose of this PPM is to ensure, to the maximum extent practicable, that highway locations and designs reflect and are consistent with Federal, State, and local goals and objectives. The rules, policies, and procedures established by this PPM are intended to afford full opportunity for effective public participation in the consideration of highway location and design proposals by highway departments before submission to the Federal Highway Administration for approval. They provide a medium for free and open discussion and are designed to encourage early and amicable resolution of controversial issues that may arise.

The PPM requires State highway departments to consider fully a wide range of factors in determining highway locations and highway designs. It provides for extensive coordination of proposals with public and private interests. In addition, it provides for a two-hearing procedure designed to give all interested persons an opportunity to become fully acquainted with highway proposals of concern to them and to express their views at those stages of a proposal's development when the flexibility to respond to these views still exists.

*Added 34 F.R. 728, Jan. 17, 1969.

2. Authority. This PPM is issued under authority of the Federal-aid Highway Act, 23 U.S.C. 101 et seq., 128, 315; sections 2(a), 2(b) (2), and 9(e) (1) of the Department of Transportation Act, 49 U.S.C. 1651(a) and (a)(2), 1657(e) (1); 49 CFR § 1.4 (c); and 23 CFR § 1.32.

3. Applicability.

a. This PPM applies to all Federal-aid highway projects.

b. If preliminary engineering or acquisition of right of way related to an undertaking to construct a portion of a Federal-aid highway project is carried out without Federal-aid funds, subsequent phases of the work are eligible for Federal-aid funding only if the nonparticipating work after the effective date of this PPM was done in acordance with this PPM.

c. This PPM shall not apply to the construction of highway projects where the Federal Highway Administrator has made a formal determination that the construction of the project is urgently needed because of a national emergency, a natural disaster or a catastrophic failure.

4. Definitions. As used in this PPM

a. A "corridor public hearing" is a public hearing that:

(1) Is held before the route location is approved and before the State highway department is committed to a specific proposal;

(2) Is held to ensure that an opportunity is afforded for effective participation by interested persons in the process of determining the need for, and the location of, a Federal-aid highway; and

(3) Provides a public forum that affords a full opportunity for presenting views on each of the proposed alternative highway locations, and the social, economic, and environmental effects of those alternate locations.

b. A "highway design public hearing" is a public hearing that:

(1) Is held after the route location has been approved, but before the State highway department is committed to a specific design proposal;

(2) Is held to ensure that an opportunity is afforded for effective participation by interested persons in the process of determining the specific location and major design features of a Federal-aid highway; and

(3) Provides a public forum that affords a full opportunity for presenting views on major highway design features, including the social, economic, environmental, and other effects of alternate designs.

c. "Social, economic, and environmental effects" means the direct and indirect benefits or losses to the community and to highway users. It includes all such effects that are relevant and applicable to the particular location or design under consideration such as:

(1) Fast, safe and efficient transportation.

(2) National defense.

(3) Economic activity.

(4) Employment.

(5) Recreation and parks.

(6) Fire protection.

(7) Aesthetics.

(8) Public utilities.

(9) Public health and safety.

(10) Residential and neighborhood character and location.

(11) Religious institutions and practices.

(12) Conduct and financing of Government (including effect on local tax base and social service costs).

(13) Conservation (including erosion, sedimentation, wildlife and general ecology of the area).

(14) Natural and historic landmarks.

(15) Noise, and air and water pollution.

(16) Property values.

(17) Multiple use of space.

(18) Replacement housing.

(19) Education (including disruption of school district operations). (20) Displacement of families and businesses.

(21) Engineering, right-of-way and construction costs of the project and related facilities.

(22) Maintenance and operating costs of the project and related facilities. (23) Operation and use of existing highway facilities and other transportation facilities during construction and after completion.

338-665-70-12