[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: 23CFR668.209]

[Page 333-334]
 
                           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 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

[[Page 334]]

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]