[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: 23CFR420.215]

[Page 92]
 
                           TITLE 23--HIGHWAYS
 
 CHAPTER I--FEDERAL HIGHWAY ADMINISTRATION, DEPARTMENT OF TRANSPORTATION
 
PART 420--PLANNING AND RESEARCH PROGRAM ADMINISTRATION--Table of Contents
 
    Subpart B--Research, Development and Technology Transfer Program 
                               Management
 
Sec. 420.215  Procedure for withdrawal of approval.

    (a) If a State is not complying with the requirements of this 
subpart, or is not performing in accordance with its RD&T management 
process, the FHWA Division Administrator shall issue a written notice of 
proposed determination of noncompliance to the State. The notice shall 
set forth the reasons for the proposed determination and inform the 
State that it may reply in writing within 30 calendar days from the date 
of the notice. The State's reply should address the deficiencies cited 
in the notice and provide documentation as necessary.
    (b) If the State and Division Administrator cannot resolve the 
differences set forth in the determination of nonconformity, the State 
may appeal to the Federal Highway Administrator.
    (c) The Federal Highway Administrator's action shall constitute the 
final decision of the FHWA.
    (d) An adverse decision shall result in immediate withdrawal of 
approval of FHWA planning and research funds for the State's RD&T 
activities until the State is in full compliance.