§ 110 TITLE 23—HIGHWAYS Page 58

‘‘(c) DEFINITION OF INNOVATIVE CRASHWORTHY SAFETY

BARRIER.—For purposes of this section, the term ‘innovative crashworthy safety barrier’ means a barrier,

other than a guardrail or guiderail, classified by the

Federal Highway Administration as ‘experimental’ or

that was classified as ‘operational’ after January 1,

1985, and that meets or surpasses the requirements of

the National Cooperative Highway Research Program

350 for longitudinal barriers.’’

ROADSIDE BARRIERS AND SAFETY APPURTENANCES

Section 1073 of Pub. L. 102–240 provided that:

‘‘(a) INITIATION OF RULEMAKING PROCEEDING.—Not

later than 30 days after the date of the enactment of

this Act [Dec. 18, 1991], the Secretary shall initiate a

rulemaking proceeding to revise the guidelines and establish standards for installation of roadside barriers

and other safety appurtenances, including longitudinal

barriers, end terminals, and crash cushions. Such rulemaking shall reflect state-of-the-art designs, testing,

and evaluation criteria contained in the National Cooperative Highway Research Program Report 230, relating

to approval standards which provide an enhanced level

of crashworthy performance to accommodate vans,

mini-vans, pickup trucks, and 4-wheel drive vehicles.

‘‘(b) FINAL RULE.—Not later than 1 year after the

date of the enactment of this Act [Dec. 18, 1991], the

Secretary shall complete the rulemaking proceeding

initiated under subsection (a), and issue a final rule regarding the implementation of revised guidelines and

standards for acceptable roadside barriers and other

safety appurtenances, including longitudinal barriers,

end terminals, and crash cushions. Such revised guidelines and standards shall accommodate vans, minivans, pickup trucks, and 4-wheel drive vehicles and

shall be applicable to the refurbishment and replacement of existing roadside barriers and safety appurtenances as well as to the installation of new roadside

barriers and safety appurtenances.’’

STUDIES RELATING TO ESTABLISHMENT OF STANDARDS

FOR RESURFACING, RESTORATION, AND REHABILITATION OF HIGHWAYS AND TO ESTABLISHMENT OF UNIFORM STANDARDS AND CRITERIA FOR TESTING AND INSPECTING HIGHWAYS AND BRIDGES

Section 110(b), (c) of Pub. L. 97–424 provided that:

‘‘(b) The Secretary of Transportation shall enter into

appropriate arrangements with the National Academy

of Sciences (1) to conduct a study of the safety cost-effectiveness of geometric design criteria of standards

currently in effect for construction and reconstruction

of highways, other than highways access to which is

fully controlled, to determine the most appropriate

minimum standards to apply to resurfacing, restoration, and rehabilitation projects on such highways,

which study shall include a study of the cost effectiveness of the hot dip galvanizing process for the installation, repair, or replacement of exposed structural and

miscellaneous steel, and (2) to propose standards to preserve and extend the service life of such highways and

enhance highway safety. The National Academy of Sciences shall conduct such study in cooperation with the

National Transportation Safety Board, the Congressional Budget Office, and the American Association of

State Highway and Transportation Officials. Upon completion of such study, the National Academy of Sciences shall submit such study and its proposed standards to the Secretary of Transportation for review.

Within ninety days after submission of such standards

to the Secretary of Transportation, the Secretary shall

submit such study and the proposed standards of the

National Academy of Sciences, together with the recommendations of the Secretary, to Congress for approval.

‘‘(c)(1) The Secretary of Transportation is directed to

coordinate a study with the National Bureau of Standards, the American Society for Testing and Materials,

and other organizations as deemed appropriate, (A) to

determine the existing quality of design, construction,

products, use, and systems for highways and bridges;

(B) to determine the need for uniform standards and

criteria for design, processing, products, and applications, including personnel training and implementation

of enforcement techniques; and (C) to determine the

manpower needs and costs of developing a national system for the evaluation and accreditation of testing and

inspection agencies.

‘‘(2) The Secretary shall submit such study to the

Congress not later than one year after the date of enactment of this section [Jan. 6, 1983].’’

EXPENDITURE OF FEDERAL FUNDS FOR HIGHWAY SIGNS

USING METRIC SYSTEM

Section 144 of Pub. L. 95–599, as amended by Pub. L.

96–106, §14, Nov. 9, 1979, 93 Stat. 798, which prohibited

use of Federal funds for signing solely in the metric

system, was repealed by Pub. L. 102–240, title I, §1053,

Dec. 18, 1991, 105 Stat. 2001.

MODIFICATION OF PROJECT AGREEMENTS TO

EFFECTUATE REQUIREMENT OF FOUR-LANES OF TRAFFIC

Authorization to modify projects agreements entered

into prior to September 13, 1966, to effectuate the

amendment of this section by Pub. L. 89–574 which

added the requirement of four-lanes of traffic, see section 5(b) of Pub. L. 89–574, set out as a note under section 106 of this title.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 104, 106, 115, 117,

119, 142 of this title.

§ 110. Project agreements

(a) As soon as practicable after the plans,

specifications, and estimates for a specific

project have been approved, the Secretary shall

enter into a formal project agreement with the

State highway department concerning the construction and maintenance of such project. Such

project agreement shall make provision for

State funds required for the State’s pro rata

share of the cost of construction of such project

and for the maintenance thereof after completion of construction.

(b) The Secretary may rely upon representations made by the State highway department

with respect to the arrangements or agreements

made by the State highway department and appropriate local officials where a part of the

project is to be constructed at the expense of, or

in cooperation with, local subdivisions of the

State.

(Pub. L. 85–767, Aug. 27, 1958, 72 Stat. 894.)

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 101 of this title.

§ 111. Agreements relating to use of and access to

rights-of-way—Interstate System

(a) IN GENERAL.—All agreements between the

Secretary and the State highway department for

the construction of projects on the Interstate

System shall contain a clause providing that the

State will not add any points of access to, or

exit from, the project in addition to those approved by the Secretary in the plans for such

project, without the prior approval of the Secretary. Such agreements shall also contain a

clause providing that the State will not permit

automotive service stations or other commercial establishments for serving motor vehicle

users to be constructed or located on the rights-