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Code · STATUTE-COMPILATIONS · Fixing America’s Surface Transportation Act · Sec. 1404

Sec. 1404. DESIGN STANDARDS

320 words·~1 min read·/statute-compilations/comps-13423/sec-1404

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

## 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)Design Standard Flexibility **[**[23 U.S.C. 109 note](/us/usc/t23/s109)**]** 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.
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Sec. 1404
DESIGN STANDARDS
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