[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: 23CFR940.7]

[Page 410]
 
                           TITLE 23--HIGHWAYS
 
 CHAPTER I--FEDERAL HIGHWAY ADMINISTRATION, DEPARTMENT OF TRANSPORTATION
 
PART 940--INTELLIGENT TRANSPORTATION SYSTEM ARCHITECTURE AND STANDARDS--Table of Contents
 
Sec. 940.7  Applicability.

    (a) All ITS projects that are funded in whole or in part with the 
highway trust fund, including those on the National Highway System (NHS) 
and on non-NHS facilities, are subject to these provisions.
    (b) The Secretary may authorize exceptions for:
    (1) Projects designed to achieve specific research objectives 
outlined in the National ITS Program Plan under section 5205 of the TEA-
21, or the Surface Transportation Research and Development Strategic 
Plan developed under 23 U.S.C. 508; or
    (2) The upgrade or expansion of an ITS system in existence on the 
date of enactment of the TEA-21, if the Secretary determines that the 
upgrade or expansion:
    (i) Would not adversely affect the goals or purposes of Subtitle C 
(Intelligent Transportation Systems Act of 1998) of the TEA-21;
    (ii) Is carried out before the end of the useful life of such 
system; and
    (iii) Is cost-effective as compared to alternatives that would meet 
the conformity requirement of this rule.
    (c) These provisions do not apply to funds used for operations and 
maintenance of an ITS system in existence on June 9, 1998.