[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: 23CFR668.209]

[Page 330-331]
 
                           TITLE 23--HIGHWAYS
 
 CHAPTER I--FEDERAL HIGHWAY ADMINISTRATION, DEPARTMENT OF TRANSPORTATION
 
PART 668--EMERGENCY RELIEF PROGRAM--Table of Contents
 
      Subpart B--Procedures for Federal Agencies for Federal Roads
 
Sec. 668.209  Eligibility of work.

    (a) Permanent work must have prior program approval in accordance 
with paragraph (a) of Sec. 668.215 unless such work is performed as 
emergency repairs.
    (b) Emergency repairs, including permanent work performed incidental 
to emergency repairs, and all PE may begin immediately and do not need 
prior program approval. Reimbursement shall be contingent upon the work 
ultimately being approved in accordance with the requirements of 
paragraph (a) of Sec. 668.215.
    (c) To qualify for emergency relief, the damaged or destroyed road 
or trail shall be designated as a Federal road.
    (d) Replacement highway facilities are appropriate when it is not 
practical and economically feasible to repair or

[[Page 331]]

restore a damaged element to its preexisting condition. Emergency relief 
is limited to the cost of a new facility constructed to current design 
standards of comparable capacity and character to the destroyed 
facility. With respect to a bridge, a comparable facility is one which 
meets current geometric and construction standards for the type and 
volume of traffic it will carry during its design life.
    (e) Emergency relief funds may participate to the extent of eligible 
repair costs when proposed projects contain betterments or other work 
not eligible for emergency funds.
    (f) Work may include:
    (1) Repair to, or reconstruction of, seriously damaged highway 
elements for a distance which would be within normal highway right-of-
way limits, including necessary clearance of debris and other deposits 
in drainage courses, where such work would not be classed as heavy 
maintenance.
    (2) Restoration of stream channels when the work is necessary for 
the satisfactory operation of the Federal road. The applicant must have 
responsibility and authority for maintenance and proper operation of 
stream channels restored.
    (3) Betterments where clearly economically justified to prevent 
future recurring damage. Economic justification acceptable to the DFDE 
must weigh the cost of such betterments against the risk of eligible 
recurring damage and the cost of future repair.
    (4) Actual PE and CE costs on approved projects.
    (5) Emergency repairs.

[43 FR 59485, Dec. 21, 1978, as amended at 47 FR 10529, Mar. 11, 1982]