Appendix D to Part 7 - Federal Highway Administration

1. General

This appendix describes the location and hours of operation of the document inspection facilities of the Federal Highway Administration (FHWA); the kinds of records that are available for public inspection and copying at these facilities; and the procedures by which members of the public may make requests for records.

2. Document Inspection Facilities

Document inspection facilities are maintained at the Federal Highway Administration Headquarters, each regional office, and each division office. Except for legal public holidays and other special closings, these facilities are open to the public, Monday through Friday, during regular working hours, which are included after each address below. Written requests for information under the Freedom of Information Act should be sent to the appropriate office, and the envelope in which the request is sent should be prominently marked with the letters “FOIA” (see paragraph 4 below).

Washington Headquarters FOIA Program Officer (HMS-10), Federal Highway Administration, 400 Seventh Street, SW., room 4428, Washington, DC 20590. 7:45 a.m.-4:15 p.m. ET. Regional Offices Regional Federal Highway Administrator, Region 1, Federal Highway Administration, Clinton Avenue and North Pearl Street, room 719, Albany, NY 12207. 7:30 a.m.-4 p.m. ET. (Connecticut, Maine, Massachusetts, New Hampshire, New Jersey, New York, Puerto Rico, Rhode Island, Vermont, Virgin Islands) Regional Federal Highway Administrator, Region 3, Federal Highway Administration, 10 South Howard Street, suite 4000, Baltimore, MD 21201. 7:30 a.m.-4:15 p.m. ET. (Delaware, District of Columbia, Maryland, Pennsylvania, Virginia, West Virginia) Regional Federal Highway Administrator, Region 4, Federal Highway Administration, suite 200, 1720 Peachtree Road, NW., Atlanta, GA 30367. 7:45 a.m.-4:15 p.m. ET. (Alabama, Florida, Georgia, Kentucky, Mississippi, North Carolina, South Carolina, Tennessee) Regional Federal Highway Administrator, Region 5, Federal Highway Administration, 18209 Dixie Highway, Homewood, IL 60430-2294. 7:30 a.m.-4:15 p.m. CT. (Illinois, Indiana, Michigan, Minnesota, Ohio, Wisconsin) Regional Federal Highway Administrator, Region 6, Federal Highway Administration, 819 Taylor Street, room 8A00, P.O. Box 902003, Fort Worth, TX 76102. 8 a.m.-4:30 p.m. CT. (Arkansas, Louisiana, New Mexico, Oklahoma, Texas) Regional Federal Highway Administrator, Region 7, Federal Highway Administration, 6301 Rockhill Road, P.O. Box 419715 (64141), Kansas City, MO 64131. 7:30 a.m.-4 p.m. CT. (Iowa, Kansas, Missouri, Nebraska) Regional Federal Highway Administrator, Region 8, Federal Highway Administration, 555 Zang Street, room 400, Lakewood, CO 80228. 7:45 a.m.-4:15 p.m. MT. (Colorado, Montana, North Dakota, South Dakota, Utah, Wyoming) Regional Federal Highway Administrator, Region 9, Federal Highway Administration, 211 Main Street, room 1100, San Francisco, CA 94105. 7:45 a.m.-4:15 p.m. PT. (Arizona, California, Hawaii, Nevada, Guam, American Samoa) Regional Federal Highway Administrator, Region 10, Federal Highway Administration, KOIN Center, suite 600, 222 SW. Columbia Street, Portland, OR 97201. 7:45 a.m.-4:30 p.m. PT. (Alaska, Idaho, Oregon, Washington) Division Offices Alabama, 500 Eastern Boulevard, suite 200, Montgomery, AL 36117-2018. 7 a.m.-4:30 p.m. CT. Alaska, 709 W. Ninth Street, room 851, P.O. Box 21648, Juneau, AK 99802 1648. 7:30 a.m.-5 p.m. Alaska Time. Arizona, 234 N. Central Avenue, suite 300, Phoenix, AZ 85004. 7:30 a.m.-4:15 p.m. MT. Arkansas, Federal Office Building, room 3128, 700 West Capitol Avenue, Little Rock, AR 72201-3298. 7:30 a.m.-4 p.m. CT. California, 980 Ninth Street, suite 400, P.O. Box 1915 (95812-1915), Sacramento, CA 95814. 7:45 a.m.-4:30 p.m. PT. Colorado, 555 Zang Street, room 250, Lakewood, CO 80228. 7:45 a.m.-4:15 p.m. MT. Connecticut, Abraham A. Ribicoff Federal Building, 450 Main Street, room 635, Hartford, CT 06103. 7:30 a.m.-4 p.m. ET. Delaware, 300 South New Street, room 2101, Dover, DE 19901-6726. 7:45 a.m.-4:15 p.m. ET. District of Columbia, Union Center Plaza, suite 750, 820 First Street, NE., Washington, DC 20002. 7:30 a.m.-4 p.m. ET. Florida, 227 N. Bronough Street, room 2015, Tallahassee, FL 32301. 7:30 a.m.-4 p.m. ET. Georgia, 1720 Peachtree Rd., NW., suite 300, Atlanta, GA 30367. 7 a.m.-4 p.m. ET. Hawaii, Prince Jonah Kuhio Kalanianaole Federal Building, 300 Ala Moana Boulevard, room 3202, Box 50206, Honolulu, HI 96850. 7:30 a.m.-4 p.m. HT. Idaho, 3050 Lakeharbor Lane, suite 126, Boise, ID 83703. 7:30 a.m.-4 p.m. MT. Illinois, 3250 Executive Park Drive, Springfield, IL 62705. 7:30 a.m.-4:15 p.m. CT. Indiana, 575 N. Pennsylvania Street, room 254, Indianapolis, IN 46204. 7:30 a.m.-4 p.m. ET. Iowa, 105 Sixth Street, P.O. Box 627, Ames, IA 50010. 7:45 a.m.-4:30 p.m. CT. Kansas, 3300 South Topeka Boulevard, suite 1, Topeka, KS 66611-2237. 7:45 a.m.-4:15 p.m. CT. Kentucky, John C. Watts Federal Building and U.S. Courthouse, 330 W. Broadway, P.O. Box 536, Frankfort, KY 40602. 8 a.m.-4:45 p.m. ET. Louisiana, Federal Building, room 255, 750 Florida Street, P.O. Box 3929 (70821), Baton Rouge, LA 70801. 7:30 a.m.-4 p.m. CT. Maine, Edmund S. Muskie Federal Building, 40 Western Avenue, room 614, Augusta, ME 04330. 7:30 a.m.-4 p.m. ET. Maryland, The Rotunda, suite 220, West 40th Street, Baltimore, MD 21211, 7:45 a.m.-4:15 p.m. ET. Massachusetts, 55 Broadway, 10th Floor, Cambridge, MA 02142. 7:45 a.m.-4:15 p.m. ET. Michigan, Federal Building, room 211, 315 West Allegan Street, Lansing, MI 48933. 7:45 a.m.-4:15 p.m. ET. Minnesota, Metro Square Building, suite 490, Seventh and Robert Streets, St. Paul, MN 55101. 7:30 a.m.-4 p.m. CT. Mississippi, 666 North Street, suite 105, Jackson, MS 39202-3199. 7:30 a.m.-4 p.m. CT. Missouri, 209 Adams Street, P.O. Box 1787 (65102), Jefferson City, MO 65101. 7:30 a.m.-4 p.m. CT. Montana, Federal Office Building, 301 South Park, Drawer 10056, Helena, MT 59626-0056. 7:30 a.m.-4 p.m. MT. Nebraska, Federal Building, room 220, 100 Centennial Mall North, Lincoln, NE 68508-3851. 7:30 a.m.-4:15 p.m. CT. Nevada, 705 North Plaza Street, suite 220, Carson City, NV 89701. 7:45 a.m.-4:30 p.m. PT. New Hampshire, Federal Building, room 204, 279 Pleasant Street, Concord, NH 03301. 7:30 a.m.-4 p.m. ET. New Jersey, Suburban Square Building, 2nd Floor, 25 Scotch Road, Trenton, NJ 08628-2595. 8 a.m.-4:30 p.m. ET. New Mexico, 604 West San Mateo Road, Santa Fe, NM 87501-1963. 7:30 a.m.-4 p.m. MT. New York, Leo W. O'Brien Federal Building, 9th Floor, Clinton Avenue and North Pearl Street, Albany, NY 12207. 7:30 a.m.-4 p.m. ET. North Carolina, 310 New Bern Avenue, P.O. Box 26806, Raleigh, NC 27611. 7:45 a.m.-4:15 p.m. ET. North Dakota, Federal Building, P.O. Box 1755, 220 East Rosser Avenue, Bismarck, ND 58502. 7:45 a.m.-4:30 p.m. CT. Ohio, 200 North High Street, room 328, Columbus, OH 43215. 7:30 a.m.-4:15 p.m. ET. Oklahoma, Federal Office Building, room 454, 200 NW. Fifth Street, Oklahoma City, OK 73102. 7:30 a.m.-4 p.m. CT. Oregon, The Equitable Center, suite 100, 530 Center Street, NE., Salem, OR 97301. 7:30 a.m.-4:15 p.m. PT. Pennsylvania, 228 Walnut Street, P.O. Box 1086, Harrisburg, PA 17108. 8 a.m.-4:30 p.m. ET. Puerto Rico, Frederico Degetau Federal Building and U.S. Courthouse, Carlos Chardon Street, room 329, Hato Rey, PR 00918. 7:30 a.m.-4 p.m. AT. Rhode Island, 380 Westminster Mall, Fifth Floor, Providence, RI 02903. 7:45 a.m.-4:15 p.m. ET. South Carolina, Strom Thurmond Federal Building, 1835 Assembly Street, suite 758, Columbia, SC 29201. 7:45 a.m.-4:15 p.m. ET. South Dakota, Federal Building, room 337, 225 South Pierre Street, P. O. Box 700, Pierre, SD 57501. 8 a.m.-4:30 p.m. CT. Tennessee, 249 Cumberland Bend Drive, Nashville, TN 37228. 8 a.m.-4:30 p.m. CT. Texas, Federal Office Building, 300 East Eighth Street, room 826, Austin, TX 78701. 7:30 a.m.-4:15 p.m. CT. Utah, 2520 West 4700 South, suite 9A, Salt Lake City, UT 84118. 7:30 a.m.-4 p.m. MT. Vermont, Federal Building, 87 State Street, P.O. Box 568 (05601), Montpelier, VT 05602. 7:30 a.m.-4 p.m. ET. Virginia, Federal Building, 10th Floor, 400 N. 8th Street, P.O. Box 10045, Richmond, VA 23240. 7:30 a.m.-4 p.m. ET. Virgin Islands, U.S. Federal Building and U.S. Courthouse, room 281, Charlotte Amalie, St. Thomas, VI 00801. (8:30-12:30 AST) 7:30 a.m.-11:30 a.m. ET. Washington, suite 501, Evergreen Plaza, 711 S. Capitol Way, Olympia, WA 98501. 7:30 a.m.-4:30 p.m. PT. West Virginia, 550 Eagan Street, suite 300, Charleston, WV 25301. 8 a.m.-4:30 p.m. ET. Wisconsin, 4502 Vernon Boulevard, Madison, WI 53705-4905. 7:30 a.m.-4:15 p.m. CT. Wyoming, 1916 Evans Avenue, Cheyenne, WY 82001-3764. 7:45 a.m.-4:30 p.m. MT. Federal Lands Highway Division Offices Division Engineer, Eastern Federal Lands Highway Division, Loudoun Tech Center, 21400 Ridgetop Circle, Sterling, VA 22170. 7:45 a.m.-4:15 p.m. ET. Division Engineer, Central Federal Lands Highway Division, 555 Zang Street, P. O. Box 25246 (Denver 80225), Lakewood, CO 80228. 7:45 a.m.-4:15 p.m. MT. Division Engineer, Western Federal Lands Highway Division, 610 East Fifth Street, Vancouver, WA 98661. 8 a.m.-4:30 p.m. PT. 3. Records Available Through Document Inspection Facilities

(a) The following records are available through the FHWA Headquarters document inspection facility:

(1) Final opinions (including concurring and dissenting opinions, if any) and orders made in the adjudication of cases and issued by the Federal Highway Administration;

(i) Motor Carrier Safety Administrative Rulings adopted by the Associate Administrator for Motor Carriers, issued by an Administrative Law Judge in the adjudication of motor carrier enforcement cases, and decisions of the Associate Administrator. (See also documents available at Regional Document Inspection Facilities).

(ii) Motor Carrier Safety Waivers From Regulations (including Handicapped Driver Waiver Program), containing records of the decisions made to specific applicants for specific waivers from certain motor carrier safety regulations.

(2) Any policy or interpretation issued by the Federal Highway Administration, including any policy or interpretation concerning a particular factual situation, if that policy or interpretation can reasonably be expected to have precedential value in any case involving a member of the public in a similar situation.

(i) Environmental Guidebook, a comprehensive compilation of interpretations of the environmental regulations and environmental law. (See also paragraph 3.(b)(6)(i).)

(ii) Motor carrier regulatory interpretations.

(3) Electronic files, available for downloading from the Federal Highway Electronic Bulletin Board (FEBBS) (dial [phone]), or viewing/copying from the screen, which include such items as:

(i) The Federal-Aid Policy Guide (FAPG) (compressed version), a single source documentation of the FHWA's current policies, regulations and nonregulatory procedural guidance primarily related to the Federal-aid Highway Program;

(ii) The Directives system (index listing, compressed version), a numerical/subject cross reference listing of current Orders, Notices, and Technical Advisories issued by FHWA;

(iii) Title 23, United States Code (USC) (compressed version); the most up to date version of the Code, with any approved changes incorporated;

(iv) Intermodal Surface Transportation Efficiency Act of 1991 (ISTEA), Pub. L. 102-240, 105 Stat. 1914;

(v) Title 23, Code of Federal Regulations (CFR) (compressed version); the most up to date version of the 23 CFR, with all approved changes incorporated;

(vi) Policy memoranda and questions and answers on the Intermodal Surface Transportation Efficiency Act of 1991 (ISTEA), and various planning related statistics and information;

(vii) T2: Technology Transfer Conference plus Transportation Research Board (TRB) Research Abstracts listing;

(viii) National Highway Institute (NHI) Course Schedule and other NHI information; and

(4) Anti-drug abuse regulatory information maintained by the Anti-drug Information Center (ADIC), which can be searched or downloaded by telephone (voice and FAX) at 1-800-225-3784 (24-hour access) or searched/downloaded by use of a modem at 1-800-225-3804 for the Department of Transportation's anti-drug programs. This includes the anti-drug regulations for the motor carrier industry, some of the most commonly asked questions regarding the regulations, and interpretation and elaborations of regulations.

(b) The following records are generally available through Federal Highway Administration document inspection facilities, with the exception of Federal Lands Highway Division Offices, which do not have copies of Motor Carrier materials, and other exceptions as noted:

(1) FHWA Orders, used primarily to promulgate internal policy, instructions, and general guidance.

(2) FHWA Notices, containing short term instructions or information which is expected to remain in effect for a predetermined period of time normally not to exceed one year.

(3) FHWA Bulletins, issued by the agency and used to promulgate one time announcements or transmit reports, publications, and other similar material.

(4) Technical Advisories (TAs), containing permanent or long-lasting detailed techniques or technical material that is advisory in nature.

(5) FHWA Manuals, issued by the Federal Highway Administration and containing detailed procedures, standards, and guides relating to the administration of the Federal-aid Highway Program, the Federal Lands Highway Program, and the Motor Carrier Program. They include the following:

(i) Federal-Aid Policy Guide (FAPG), an organized, looseleaf, single source documentation of the FHWA's current policies, regulations and nonregulatory procedural guidance information related to the Federal-aid Highway Program. A small portion of these materials relates to the agency's Federal Lands Highway Program and State and Community Highway Safety Program.

(ii) Department of Transportation (DOT) Organizational Manual (DOT ORDER 1100.63), issued by the Office of the Secretary of Transportation and describing the organization of FHWA and the mission and functions of each principal organizational unit.

(iii) Labor Compliance Manual, used as a guide in Federal-aid Highway Program and Federal Lands Highway Program construction projects, to assure compliance with federal labor laws by the highway construction contractors.

(iv) Motor Carrier Management Manual, used as a general management guide for administering the motor carrier program.

(v) Manual on Uniform Traffic Control Devices (MUTCD), a publication of the Federal Highway Administration, setting forth basic principles that govern the design and usage of traffic control devices, and current traffic control device design and application standards. Section 1A-7 of the MUTCD incorporates, by reference, several other publications.

(vi) Standard Specifications for Construction of Roads and Bridges on Federal Highway Projects, FP-92, 1992, based on the AASHTO Guide Specifications for Highway Construction, used as a guide by the Federal Lands Highway Program for construction of roads and bridges on Federal Lands Highway projects. (Available in the Headquarters and Federal Lands Highway Program division offices document inspection facilities.)

(vii) U.S. DOT FHWA Construction Manual, for Use as a Guide for FHWA Personnel (1985), used as a guide for the construction of roads and bridges within federally owned and administered parks and lands. (Available in the Headquarters and Federal Lands Highway Program division offices document inspection facilities.)

(viii) Emergency Relief-Disaster Assistance Manual (Publication No. FHWA-ED-88-001), providing instructions on procedures for FHWA, State, and local highway agency personnel involved in Federal-aid Highway system emergencies (severe damage to highways as a result of a major catastrophe or natural disaster), including guidance for evaluating damage and preparing the documents necessary to support the use of Emergency Relief (ER) funds.

(ix) Emergency Relief Manual for Federal Roads Off the Federal-aid System (FHWA Technical Advisory T 5180.2), containing detailed program guidance for the administration of emergency relief for Federal roads, i.e., roads and trails administered by the National Park Service, the Bureau of Indian Affairs, the Forest Service, and the Bureau of Land Management. (Available in the Headquarters and Federal Lands Highway Program division offices’ document inspection facilities. Some regional and division offices may have copies.)

(6) Guidelines/determinations, guidelines or determinations containing details of compliance programs, accident investigations, enforcement programs, and interpretations.

(i) Environmental Guidebook, a comprehensive, compilation of interpretations of the environmental regulations and environmental law, federal government-wide, with procedural guidance, policy memos, and implementation instructions. (Complete files available in the Washington headquarters document inspection facility.)

(ii) Highway Safety Guidelines, highway-related guidelines applying to those provisions of the State and Community Highway Safety Program under the Highway Safety Act of 1966 (title 23, U.S. Code, chapter 4) and delegations of authority by the Secretary of Transportation, for which responsibility resides in the FHWA.

(c) The following information is available by telephone.

(1) Motor Carrier Safety Ratings, a specific designation of safety fitness assigned to each interstate motor carrier relative to the extent of compliance or non-compliance with motor carrier safety regulations, available by telephone request at [phone]. (Ratings can also be obtained for a specific motor carrier by written request to the Office of Motor Carrier Information Management, HIA-1, Federal Highway Administration, 400 Seventh Street, SW., Washington, DC 20590.)

(2) ADIC (Anti-drug Information Center), containing anti-drug abuse regulatory information for the Department of Transportation's anti-drug programs, including the anti-drug regulations for the motor carrier industry, some of the most commonly asked questions regarding the regulations, and interpretation and elaborations of regulations, which can be accessed by telephone at 1-800-225-3784 (24-hour access). (See paragraph 3.(a)(4) of this appendix regarding electronic information.)

4. Requests for Records Under Subpart F of This Part

Each person desiring to inspect a record, or to obtain a copy thereof, should submit a request, in writing, to the appropriate Federal Highway Administration official at the address listed in paragraph 2, Document Inspection Facilities. If it is not known where in FHWA the record(s) sought may be found, the request may be submitted to the FOIA Program Officer, Washington headquarters, at the address given in paragraph 2, Document Inspection Facilities, above. Generally, all requests pertaining to the Motor Carrier Program should be submitted to the FOIA Program Officer at the Washington headquarters office except as noted in subparagraph (b). The following provides an illustration of types of records available and specifies where requests for such records are appropriately addressed:

(a) Examples of records for which requests may properly be made to the FHWA FOIA Program Officer (Washington headquarters):

(1) Copies of Motor Carrier Accident Reports. (FHWA eliminated the requirements for this report, effective March 3, 1993; consequently, FHWA will not have accident report forms for accidents occurring after March 3, 1993.)

(2) Records on specific motor carriers or specific motor carrier files.

(3) Copies of contracts or requests for proposals (RFP's).

(4) Copies of research and development (R&D) project records, excluding published reports.

(b) Examples of records for which requests may properly be made to the FHWA Regional Offices:

(1) Copies of administrative records for the entire region, for example, personnel and financial management records.

(2) Copies of records pertaining to region-wide implementation of FHWA programs.

(3) Copies of Final Orders of the Agency which may include: negotiated Settlement Agreements, Notices of Claim (to which a motor carrier has failed to reply), and Out-of-Service Orders.

(c) Examples of records for which requests may properly be made to the FHWA Division Offices:

(1) Copies of records pertaining to specific Federal-aid highway projects.

(2) Copies of environmental studies for Federal-aid highway projects.

(d) Examples of records for which requests may properly be made to the appropriate FHWA Federal Lands Highway (FLH) Division Offices:

(1) FLH project records.

(2) FLH contract files.

5. Determinations Not To Disclose Records

Authority to issue initial determinations, including initial denials of access to records and of fee waivers or fee waiver reductions has been delegated to all FHWA Associate Administrators, Staff Office Directors, Regional Administrators, and the Federal Lands Highway Program Administrator. Each of these officials is also authorized to redelegate this authority to subordinate officials.

6. Reconsideration of Determinations Not To Disclose Records and To Deny Fee Waivers

Any person who has been notified that a record or part of a record that has been requested will not be disclosed, or could not be found, or that a request for a fee waiver or reduction will not be granted, may appeal, in writing, to the Associate Administrator for Administration, Federal Highway Administration, 400 Seventh Street SW., Washington, DC 20590, for reconsideration of the determination. A copy of the appeal letter should be simultaneously sent to the office which made the initial determination. The decision of the Associate Administrator for Administration is administratively final.