---
kind: "section"
citation: "25 C.F.R. § 170.456"
title: "25"
number: "170.456"
heading: "How can a Tribe request an exception from the design standards?"
url: "https://uscodex.org/cfr/25/170.456"
---

# §170.456. How can a Tribe request an exception from the design standards?

- (a) **A Tribe can request an exception from the required design standards from FHWA.** The engineer of record (the State licensed civil engineer whose name and professional stamp appear on the PS&E or who is responsible for the overall project design) must submit written documentation with appropriate supporting data, sketches, details, and justification based on engineering analysis.
- (b) FHWA can approve a project design that does not conform to the minimum criteria only after giving due consideration to all project conditions, such as:
  - (1) Maximum service and safety benefits for the dollar invested;
  - (2) Compatibility with adjacent features; and
  - (3) Probable time before reconstruction of the project due to changed conditions or transportation demands.
- (c) **FHWA has 30 days from receiving the request to approve or decline the exception.**

## Notes

### Authority

Authority: Pub. L. 112-141, Pub. L. 114-94; 5 U.S.C. 2; 23 U.S.C. 201, 202; 25 U.S.C. 2, 9.

### Source

Source: 81 FR 78463, Nov. 7, 2016, unless otherwise noted.