23 U.S.C. § 109 : US Code - Section 109: Standards

Search 23 U.S.C. § 109 : US Code - Section 109: Standards

(a) In General. - The Secretary shall ensure that the plans and
specifications for each proposed highway project under this chapter
provide for a facility that will -
(1) adequately serve the existing and planned future traffic of
the highway in a manner that is conducive to safety, durability,
and economy of maintenance; and
(2) be designed and constructed in accordance with criteria
best suited to accomplish the objectives described in paragraph
(1) and to conform to the particular needs of each locality.
(b) The geometric and construction standards to be adopted for
the Interstate System shall be those approved by the Secretary in
cooperation with the State transportation departments. Such
standards, as applied to each actual construction project, shall be
adequate to enable such project to accommodate the types and
volumes of traffic anticipated for such project for the twenty-year
period commencing on the date of approval by the Secretary, under
section 106 of this title, of the plans, specifications, and
estimates for actual construction of such project. Such standards
shall in all cases provide for at least four lanes of traffic. The
right-of-way width of the Interstate System shall be adequate to
permit construction of projects on the Interstate System to such
standards. The Secretary shall apply such standards uniformly
throughout all the States.
(c) Design Criteria for National Highway System. -
(1) In general. - A design for new construction,
reconstruction, resurfacing (except for maintenance resurfacing),
restoration, or rehabilitation of a highway on the National
Highway System (other than a highway also on the Interstate
System) may take into account, in addition to the criteria
described in subsection (a) -
(A) the constructed and natural environment of the area;
(B) the environmental, scenic, aesthetic, historic,
community, and preservation impacts of the activity; and
(C) access for other modes of transportation.
(2) Development of criteria. - The Secretary, in cooperation
with State transportation departments, may develop criteria to
implement paragraph (1). In developing criteria under this
paragraph, the Secretary shall consider -
(A) the results of the committee process of the American
Association of State Highway and Transportation Officials as
used in adopting and publishing "A Policy on Geometric Design
of Highways and Streets", including comments submitted by
interested parties as part of such process;
(B) the publication entitled "Flexibility in Highway Design"
of the Federal Highway Administration;
(C) "Eight Characteristics of Process to Yield Excellence and
the Seven Qualities of Excellence in Transportation Design"
developed by the conference held during 1998 entitled "Thinking
Beyond the Pavement National Workshop on Integrating Highway
Development with Communities and the Environment while
Maintaining Safety and Performance"; and
(D) any other material that the Secretary determines to be
appropriate.
(d) On any highway project in which Federal funds hereafter
participate, or on any such project constructed since December 20,
1944, the location, form and character of informational, regulatory
and warning signs, curb and pavement or other markings, and traffic
signals installed or placed by any public authority or other
agency, shall be subject to the approval of the State
transportation department with the concurrence of the Secretary,
who is directed to concur only in such installations as will
promote the safe and efficient utilization of the highways.
(e) Installation of Safety Devices. -
(1) Highway and railroad grade crossings and drawbridges. - No
funds shall be approved for expenditure on any Federal-aid
highway, or highway affected under chapter 2 of this title,
unless proper safety protective devices complying with safety
standards determined by the Secretary at that time as being
adequate shall be installed or be in operation at any highway and
railroad grade crossing or drawbridge on that portion of the
highway with respect to which such expenditures are to be made.
(2) Temporary traffic control devices. - No funds shall be
approved for expenditure on any Federal-aid highway, or highway
affected under chapter 2, unless proper temporary traffic control
devices to improve safety in work zones will be installed and
maintained during construction, utility, and maintenance
operations on that portion of the highway with respect to which
such expenditures are to be made. Installation and maintenance of
the devices shall be in accordance with the Manual on Uniform
Traffic Control Devices.
(f) The Secretary shall not, as a condition precedent to his
approval under section 106 of this title, require any State to
acquire title to, or control of, any marginal land along the
proposed highway in addition to that reasonably necessary for road
surfaces, median strips, bikeways, gutters, ditches, and side
slopes, and of sufficient width to provide service roads for
adjacent property to permit safe access at controlled locations in
order to expedite traffic, promote safety, and minimize roadside
parking.
(g) Not later than January 30, 1971, the Secretary shall issue
guidelines for minimizing possible soil erosion from highway
construction. Such guidelines shall apply to all proposed projects
with respect to which plans, specifications, and estimates are
approved by the Secretary after the issuance of such guidelines.
(h) Not later than July 1, 1972, the Secretary, after
consultation with appropriate Federal and State officials, shall
submit to Congress, and not later than 90 days after such
submission, promulgate guidelines designed to assure that possible
adverse economic, social, and environmental effects relating to any
proposed project on any Federal-aid system have been fully
considered in developing such project, and that the final decisions
on the project are made in the best overall public interest, taking
into consideration the need for fast, safe and efficient
transportation, public services, and the costs of eliminating or
minimizing such adverse effects and the following:
(1) air, noise, and water pollution;
(2) destruction or disruption of man-made and natural
resources, aesthetic values, community cohesion and the
availability of public facilities and services;
(3) adverse employment effects, and tax and property value
losses;
(4) injurious displacement of people, businesses and farms; and
(5) disruption of desirable community and regional growth.
Such guidelines shall apply to all proposed projects with respect
to which plans, specifications, and estimates are approved by the
Secretary after the issuance of such guidelines.
(i) The Secretary, after consultation with appropriate Federal,
State, and local officials, shall develop and promulgate standards
for highway noise levels compatible with different land uses and
after July 1, 1972, shall not approve plans and specifications for
any proposed project on any Federal-aid system for which location
approval has not yet been secured unless he determines that such
plans and specifications include adequate measures to implement the
appropriate noise level standards. The Secretary, after
consultation with the Administrator of the Environmental Protection
Agency and appropriate Federal, State, and local officials, may
promulgate standards for the control of highway noise levels for
highways on any Federal-aid system for which project approval has
been secured prior to July 1, 1972. The Secretary may approve any
project on a Federal-aid system to which noise-level standards are
made applicable under the preceding sentence for the purpose of
carrying out such standards. Such project may include, but is not
limited to, the acquisition of additional rights-of-way, the
construction of physical barriers, and landscaping. Sums
apportioned for the Federal-aid system on which such project will
be located shall be available to finance the Federal share of such
project. Such project shall be deemed a highway project for all
purposes of this title.
(j) The Secretary, after consultation with the Administrator of
the Environmental Protection Agency, shall develop and promulgate
guidelines to assure that highways constructed pursuant to this
title are consistent with any approved plan for -
(1) the implementation of a national ambient air quality
standard for each pollutant for which an area is designated as a
nonattainment area under section 107(d) of the Clean Air Act (42
U.S.C. 7407(d)); or
(2) the maintenance of a national ambient air quality standard
in an area that was designated as a nonattainment area but that
was later redesignated by the Administrator as an attainment area
for the standard and that is required to develop a maintenance
plan under section 175A of the Clean Air Act (42 U.S.C. 7505a).
(k) The Secretary shall not approve any project involving
approaches to a bridge under this title, if such project and bridge
will significantly affect the traffic volume and the highway system
of a contiguous State without first taking into full consideration
the views of that State.
(l)(1) In determining whether any right-of-way on any Federal-aid
highway should be used for accommodating any utility facility, the
Secretary shall -
(A) first ascertain the effect such use will have on highway
and traffic safety, since in no case shall any use be authorized
or otherwise permitted, under this or any other provision of law,
which would adversely affect safety;
(B) evaluate the direct and indirect environmental and economic
effects of any loss of productive agricultural land or any
impairment of the productivity of any agricultural land which
would result from the disapproval of the use of such right-of-way
for the accommodation of such utility facility; and
(C) consider such environmental and economic effects together
with any interference with or impairment of the use of the
highway in such right-of-way which would result from the use of
such right-of-way for the accommodation of such utility facility.
(2) For the purpose of this subsection -
(A) the term "utility facility" means any privately, publicly,
or cooperatively owned line, facility, or system for producing,
transmitting, or distributing communications, power, electricity,
light, heat, gas, oil, crude products, water, steam, waste, storm
water not connected with highway drainage, or any other similar
commodity, including any fire or police signal system or street
lighting system, which directly or indirectly serves the public;
and
(B) the term "right-of-way" means any real property, or
interest therein, acquired, dedicated, or reserved for the
construction, operation, and maintenance of a highway.
(m) Protection of Nonmotorized Transportation Traffic. - The
Secretary shall not approve any project or take any regulatory
action under this title that will result in the severance of an
existing major route or have significant adverse impact on the
safety for nonmotorized transportation traffic and light
motorcycles, unless such project or regulatory action provides for
a reasonable alternate route or such a route exists.
(n) It is the intent of Congress that any project for
resurfacing, restoring, or rehabilitating any highway, other than a
highway access to which is fully controlled, in which Federal funds
participate shall be constructed in accordance with standards to
preserve and extend the service life of highways and enhance
highway safety.
(o) Compliance With State Laws for Non-NHS Projects. - Projects
(other than highway projects on the National Highway System) shall
be designed, constructed, operated, and maintained in accordance
with State laws, regulations, directives, safety standards, design
standards, and construction standards.
(p) Scenic and Historic Values. - Notwithstanding subsections (b)
and (c), the Secretary may approve a project for the National
Highway System if the project is designed to -
(1) allow for the preservation of environmental, scenic, or
historic values;
(2) ensure safe use of the facility; and
(3) comply with subsection (a).
(q) Phase Construction. - Safety considerations for a project
under this title may be met by phase construction consistent with
the operative safety management system established in accordance
with section 303 or in accordance with a statewide transportation
improvement program approved by the Secretary.