[Code of Federal Regulations]
[Title 23, Volume 1]
[Revised as of April 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 23CFR140.205]

[Page 12-13]
 
                           TITLE 23--HIGHWAYS
 
 CHAPTER I--FEDERAL HIGHWAY ADMINISTRATION, DEPARTMENT OF TRANSPORTATION
 
PART 140--REIMBURSEMENT--Table of Contents
 
                Subpart B--Construction Engineering Costs
 
Sec. 140.205  Limitation.

    (a) The estimated CE costs for a SHA for a fiscal year shall not 
exceed, in the aggregate, 15 percent of the total estimated costs of all 
projects financed within the boundaries of the State with Federal-aid 
highway funds in such fiscal year, exclusive of the costs of rights-of-
way, preliminary engineering, and CE.
    (b) For control purposes, a SHA's estimated CE costs percentage will 
be determined by the ratio of the total amount obligated for CE to the 
total amount obligated for all projects financed with Federal-aid 
highway funds during the fiscal year, after excluding from such totals, 
the obligations for rights-of-way, preliminary engineering,

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and CE. This percentage shall not exceed 15 percent at the end of the 
fiscal year. The CE limitation may be applied on either a Federal or 
State fiscal year basis.
    (1) Amounts to be included in the determination for CE will be the 
aggregate total of all obligations of CE, including original project 
obligations at the authorization stage, all subsequent adjustments 
during the fiscal year, and all adjustments (debits or credits) to 
projects authorized in previous fiscal years.
    (2) The CE limitation determination for each fiscal year will be 
treated separately and may not be adjusted after the end of that fiscal 
year.
    (c) Projects which are closed (final voucher processed) as of 
December 18, 1991, may be reopened to accept adjustments and additional 
eligible project charges. All obligation/deobligation adjustments must 
be included in the current fiscal year calculation. However, the CE cost 
for each of these projects shall be limited to 15 percent of each 
project construction cost in accordance with the provisions in effect 
prior to December 18, 1991.
    (d) If the SHA claims CE costs as an average percentage of the 
actual construction costs in accordance with 23 U.S.C. 120(g), the 
average rate shall be determined based upon reimbursable CE costs and 
shall not exceed 15 percent, exclusive of the costs of rights-of-way, 
preliminary engineering, and CE.