[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: 23CFR668.113]

[Page 327]
 
                           TITLE 23--HIGHWAYS
 
 CHAPTER I--FEDERAL HIGHWAY ADMINISTRATION, DEPARTMENT OF TRANSPORTATION
 
PART 668--EMERGENCY RELIEF PROGRAM--Table of Contents
 
             Subpart A--Procedures for Federal-Aid Highways
 
Sec. 668.113  Program and project procedures.

    (a) Immediately after approval of an application, the FHWA Division 
Administrator will notify the applicant to proceed with preparation of a 
program which defines the work needed to restore or replace the damaged 
facilities. It should be submitted to the FHWA Division Administrator 
within 3 months of receipt of this notification. The FHWA field office 
will assist the applicant and other affected agencies in preparation of 
the program. This work may involve joint site inspections to view damage 
and reach tentative agreement on type of permanent corrective work to be 
undertaken. Program data should be kept to a minimum, but should be 
sufficient to identify the approved disaster or catastrophe and to 
permit a determination of the eligibility and propriety of proposed 
work. If the damage survey summary report is determined by the FHWA 
Division Administrator to be of sufficient detail to meet these 
criteria, additional program support data need not be submitted.
    (b) Project procedures. (1) Projects for permanent repairs shall be 
processed in accordance with regular Federal-aid procedures. In those 
cases where a regular Federal-aid project in a State similar to the ER 
project would be handled under the project oversight exceptions found in 
title 23, United States Code, the ER project can be handled in a similar 
fashion subject to the following two conditions:
    (i) Any betterment to be incorporated into the project and for which 
ER funding is requested must receive prior FHWA approval; and
    (ii) The FHWA reserves the right to conduct final inspections on all 
ER projects. The FHWA Division Administrator has the discretion to 
undertake final inspections on ER projects as deemed appropriate.
    (2) Simplified procedures, including abbreviated plans should be 
used where appropriate.
    (3) Emergency repair meets the criteria for categorical exclusions 
pursuant to 23 CFR 771.117 and normally does not require any further 
NEPA approvals.

[52 FR 21948, June 10, 1987, as amended at 61 FR 67212, Dec. 20, 1996; 
65 FR 25445, May 2, 2000]

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