Code of Federal Regulations Title 23 - Highways
Title 23 of the Code of Federal Regulations (CFR) - Highways contains the principal set of rules and regulations issued by federal agencies regarding highways in the United States. These regulations implement the various federal laws, primarily Title 23 of the United States Code (U.S.C.), which provides the statutory framework for federal highway programs and funding.
The primary agencies responsible for the regulations within CFR Title 23 are:
Federal Highway Administration (FHWA), Department of Transportation: This agency is responsible for most of the regulations related to the planning, design, construction, maintenance, and operation of highways that receive federal funding.
National Highway Traffic Safety Administration (NHTSA), Department of Transportation: While NHTSA's primary focus is vehicle safety, it also contributes to highway-related regulations, particularly concerning highway safety programs.
Key areas covered by CFR Title 23 include:
Chapter I - Federal Highway Administration, Department of Transportation (Parts 1-999):
General Management and Administration (Subchapter A):
Part 1 - General: Basic rules, definitions, and administrative procedures.
Part 140 - Reimbursement: Rules for how states receive federal reimbursement for highway projects.
Part 172 - Procurement, Management, and Administration of Engineering and Design Related Services: Regulations for how states procure engineering and design services for federal-aid projects.
Civil Rights (Subchapter C):
Part 200 - Title VI Program and Related Statutes - Implementation and Review Procedures: Ensures non-discrimination in programs and activities receiving federal financial assistance for highways.
Planning and Research (Subchapter E):
Part 450 - Planning Assistance and Standards: Rules for statewide and metropolitan transportation planning processes.
Part 490 - National Performance Management Measures: Establishes performance measures for states to use in assessing and improving the performance of the Interstate and National Highway System.
Transportation Infrastructure Management (Subchapter F):
Part 500 - Management and Monitoring of Highway Projects: Oversight of project delivery and management.
Part 515 - Bridge and Structure Management: Standards for bridge inspection, inventory, and management systems.
Engineering and Traffic Operations (Subchapter G):
Part 625 - Design Standards for Highways: Design criteria and standards for federal-aid highways.
Part 630 - Preconstruction Procedures: Rules for the development of plans, specifications, and estimates before construction.
Part 655 - Traffic Control Devices: Adopts the Manual on Uniform Traffic Control Devices (MUTCD) as the national standard for traffic signs, signals, and pavement markings.
Right-of-Way and Environment (Subchapter H):
Part 710 - Right-of-Way and Real Estate: Rules for the acquisition of right-of-way for highway projects, including eminent domain procedures and compensation.
Part 771 - Environmental Impact and Related Procedures: Regulations for environmental reviews (e.g., NEPA compliance) for highway projects.
Part 772 - Procedures for Abatement of Highway Traffic Noise and Construction Noise: Rules for mitigating noise impacts from highway projects.
Highway Safety (Subchapter J):
Part 924 - Highway Safety Improvement Program: Guidelines for states to implement highway safety improvement programs, including identifying and correcting hazardous locations.
Intelligent Transportation Systems (Subchapter K):
Part 940 - Intelligent Transportation System Architecture and Standards: Regulations related to the deployment of ITS technologies.
Chapter II - National Highway Traffic Safety Administration and Federal Highway Administration, Department of Transportation (Parts 1200-1299):
Procedures for State Highway Safety Programs (Subchapter A):
Part 1200 - Uniform Procedures for State Highway Safety Grant Programs: General rules for states to apply for and administer highway safety grants.
Guidelines (Subchapter B): Includes guidelines for specific highway safety initiatives, such as motorcycle safety programs, occupant protection, and impaired driving countermeasures.
In essence, CFR Title 23 provides the detailed regulatory framework for the planning, funding, design, construction, maintenance, and safety of the nation's highway system, ensuring consistency and compliance with federal law across all states that receive federal highway aid.
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