---
kind: "section"
citation: "23 C.F.R. § 646.220"
title: "23"
number: "646.220"
heading: "Alternate Federal-State procedure."
url: "https://uscodex.org/cfr/23/646.220"
---

# §646.220. Alternate Federal-State procedure.

- (a) On other than Interstate projects, an alternate procedure may be used, at the election of the State, for processing certain types of railroad-highway work. Under this procedure, the State highway agency will act in the relative position of FHWA for reviewing and approving projects.
- (b) The scope of the State's approval authority under the alternate procedure includes all actions necessary to advance and complete the following types of railroad-highway work:
  - (1) All types of grade crossing improvements under [§ 646.206(a)(3)](/cfr/23/646.206.md?p=a-3).
  - (2) Minor adjustments to railroad facilities under [§ 646.206(b)](/cfr/23/646.206.md?p=b).
- (c) The following types of work are to be reviewed and approved in the normal manner, as prescribed elsewhere in this subpart.
  - (1) All projects under [§ 646.206(a)](/cfr/23/646.206.md?p=a) (1) and (2).
  - (2) Major adjustments to railroad facilities under [§ 646.206(b)](/cfr/23/646.206.md?p=b).
- (d) Any State wishing to adopt the alternate procedure may file a formal application for approval by FHWA. The application must include the following:
  - (1) The State's written policies and procedures for administering and processing Federal-aid railroad-highway work, which make adequate provisions with respect to all of the following:
    - (i) Compliance with the provisions of [title 23](/cfr/23.md) U.S.C., [title 23 CFR](/cfr/23.md), and other applicable Federal laws and Executive Orders.
    - (ii) **Compliance with this subpart and 23 CFR part 140, subpart I and 23 CFR part 172.**
    - (iii) **For grade crossing safety improvements, compliance with the requirements of 23 CFR part 924.**
  - (2) **A statement signed by the Chief Administrative Officer of the State highway agency certifying that—**
    - (i) The work will be done in accordance with the applicable provisions of the State's policies and procedures submitted under [§ 646.220(d)(1)](#d-1), and
    - (ii) Reimbursement will be requested in only those costs properly attributable to the highway construction and eligible for Federal fund participation.
- (e) When FHWA has approved the alternate procedure, it may authorize the State to proceed in accordance with the State's certification, subject to the following conditions:
  - (1) **The work has been programmed.**
  - (2) The State submits in writing a request for such authorization which shall include a list of the improvements or adjustments to be processed under the alternate procedure, along with the best available estimate of cost.
- (f) The FHWA Regional Administrator may suspend approval of the certified procedure, where FHWA reviews disclose noncompliance with the certification. Federal-aid funds will not be eligible to participate in costs that do not qualify under [§ 646.220(d)(1)](#d-1).

## Notes

### Amendments

[40 FR 16059, Apr. 9, 1975; 40 FR 29712, July 15, 1975; 40 FR 31211, July 25, 1975; 42 FR 30835, June 17, 1977, as amended at 45 FR 20795, Mar. 31, 1980]

### Source

Source: 40 FR 16059, Apr. 9, 1975, unless otherwise noted.

### Authority

Authority: 23 U.S.C. 109(e), 120(c), 130, 133(d)(1), and 315; 49 CFR 1.48(b).

### Amendments

[40 FR 16059, Apr. 9, 1975; 40 FR 29712, July 15, 1975; 40 FR 31211, July 25, 1975; 42 FR 30835, June 17, 1977, as amended at 45 FR 20795, Mar. 31, 1980]