[Code of Federal Regulations]
[Title 23, Volume 1]
[Revised as of April 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 23CFR645.105]

[Page 201-202]
 
                           TITLE 23--HIGHWAYS
 
 CHAPTER I--FEDERAL HIGHWAY ADMINISTRATION, DEPARTMENT OF TRANSPORTATION
 
PART 645_UTILITIES--Table of Contents
 
      Subpart A_Utility Relocations, Adjustments, and Reimbursement
 
Sec. 645.105  Definitions.

    For the purposes of this regulation, the following definitions shall 
apply:
    Authorization--for Federal-aid projects authorization to the STD by 
the FHWA, or for direct Federal projects authorization to the utility by 
the FHWA, to proceed with any phase of a project. The date of 
authorization establishes the date of eligibility for Federal funds to 
participate in the costs incurred on that phase of work.
    Betterment--any upgrading of the facility being relocated that is 
not attributable to the highway construction and is made solely for the 
benefit of and at the election of the utility.
    Cost of relocation--the entire amount paid by or on behalf of the 
utility properly attributable to the relocation after deducting from 
that amount any increase in value of the new facility, and any salvage 
derived from the old facility.
    Cost of Removal--the amount expended to remove utility property 
including the cost of demolishing, dismantling, removing, transporting, 
or otherwise disposing of utility property and of cleaning up to leave 
the site in a neat and presentable condition.
    Cost of salvage--the amount expended to restore salvaged utility 
property to usable condition after its removal.
    Direct Federal projects--highway projects such as projects under the 
Federal Lands Highways Program

[[Page 202]]

which are under the direct administration of the FHWA.
    Indirect or overhead costs--those costs which are not readily 
identifiable with one specific task, job, or work order. Such costs may 
include indirect labor, social security taxes, insurance, stores 
expense, and general office expenses. Costs of this nature generally are 
distributed or allocated to the applicable job or work orders, other 
accounts and other functions to which they relate. Distribution and 
allocation is made on a uniform basis which is reasonable, equitable, 
and in accordance with generally accepted cost accounting practices.
    Relocation--the adjustment of utility facilities required by the 
highway project. It includes removing and reinstalling the facility, 
including necessary temporary facilities, acquiring necessary right-of-
way on the new location, moving, rearranging or changing the type of 
existing facilities and taking any necessary safety and protective 
measures. It shall also mean constructing a replacement facility that is 
both functionally equivalent to the existing facility and necessary for 
continuous operation of the utility service, the project economy, or 
sequence of highway construction.
    Salvage value--the amount received from the sale of utility property 
that has been removed or the amount at which the recovered material is 
charged to the utility's accounts, if retained for reuse.
    State transportation department--the transportation department of 
one of the 50 States, the District of Columbia, or Puerto Rico.
    Transportation department(TD)--that department, commission, board, 
or official of any State or political subdivison thereof, charged by its 
law with the responsibility for highway administration.
    Use and occupancy agreement--the document (written agreement or 
permit) by which the TD approves the use and occupancy of highway right-
of-way by utility facilities or private lines.
    Utility--a privately, publicly, or cooperatively owned line, 
facility or system for producing, transmitting, or distributing 
communications, cable television, power, electricity, light, heat, gas, 
oil, crude products, water, steam, waste, storm water not connected with 
highway drainage, or any other similar commodity, including any fire or 
police signal system or street lighting system, which directly or 
indirectly serves the public. The term utility shall also mean the 
utility company inclusive of any wholly owned or controlled subsidiary.
    Work order system--a procedure for accumulating and recording into 
separate accounts of a utility all costs to the utility in connection 
with any change in its system or plant.

[50 FR 20345, May 15, 1985, as amended at 65 FR 70311, Nov. 22, 2000]