[Code of Federal Regulations]
[Title 23, Volume 1]
[Revised as of April 1, 2001]
From the U.S. Government Printing Office via GPO Access
[CITE: 23CFR640.109]

[Page 197]
 
                           TITLE 23--HIGHWAYS
 
 CHAPTER I--FEDERAL HIGHWAY ADMINISTRATION, DEPARTMENT OF TRANSPORTATION
 
PART 640--CERTIFICATION ACCEPTANCE--Table of Contents
 
Sec. 640.109  Requirements for certification acceptance.

    (a) Acceptance of either a full or partial coverage State 
certification as described in Sec. 640.107(c) will be based upon:
    (1) A State request and identification of the State laws, 
regulations, directives, and standards that either separately or 
collectively will accomplish the policies and objectives contained in or 
issued pursuant to title 23, U.S.C., and
    (2) An FHWA finding that the State highway/transportation agency has 
the capability to carry out project responsibilities in accordance with 
such State requirements. The FHWA finding will be based on previous 
process reviews and evaluations conducted as part of FHWA's oversight of 
Federal-aid programs and an FHWA evaluation of the State's performance 
and resources. If information from process reviews and that available 
from previous evaluations are considered to be insufficient to form a 
reasonable judgment, they may be supplemented by additional reviews and 
inquiries of the State agency.
    (b) A State certification may be accepted in whole or in part, 
depending on FHWA findings. Where minor deficiencies are found, 
acceptance may be conditioned or may exclude the affected State 
operations until the deficiencies are corrected. Where deficiencies are 
found which are of such magnitude as to create doubt that the policies 
and objectives of title 23, U.S.C., would be accomplished, the State 
certification will not be accepted until the deficiencies are corrected.

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