Pub. L. 114-94, div. A, tit. I, subtit. D, sec. 1404 (as amended)
DESIGN STANDARDS.
SEC. 1404. DESIGN STANDARDS.
(a) In general.—Section 109 of title 23, United States Code, is amended—
(1) in subsection (c)—
(A) in paragraph (1)—
(i) in the matter preceding subparagraph (A) by striking “may take into account” and inserting “shall consider”;
(ii) in subparagraph (B) by striking “and” at the end;
(iii) by redesignating subparagraph (C) as subparagraph (D); and
(iv) by inserting after subparagraph (B) the following:
“(C) cost savings by utilizing flexibility that exists in current design guidance and regulations; and”
; and
(B) in paragraph (2)—
(i) in subparagraph (C) by striking “and” at the end;
(ii) by redesignating subparagraph (D) as subparagraph (F); and
(iii) by inserting after subparagraph (C) the following:
“(D) the publication entitled ‘Highway Safety Manual’ of the American Association of State Highway and Transportation Officials;
“(E) the publication entitled ‘Urban Street Design Guide’ of the National Association of City Transportation Officials; and”
; and
(2) in subsection (f) by inserting “pedestrian walkways,” after “bikeways,”.
(b) [23 U.S.C. 109 note] Design Standard Flexibility.—Notwithstanding section 109(o) of title 23, United States Code, a State may allow a local jurisdiction to use a roadway design publication that is different from the roadway design publication used by the State in which the local jurisdiction is located for the design of a project on a roadway under the ownership of the local jurisdiction (other than a highway on the Interstate System) if—
(1) the local jurisdiction is a direct recipient of Federal funds for the project;
(2) the roadway design publication—
(A) is recognized by the Federal Highway Administration; and
(B) is adopted by the local jurisdiction; and
(3) the design complies with all other applicable Federal laws.
- Cross-references to the US Code
- 23 U.S.C. 109 note