(Pub. L. 85–767, Aug. 27, 1958, 72 Stat. 894; Pub. L. 88–157, § 4,Oct. 24, 1963, 77 Stat. 277; Pub. L. 89–574, §§ 5(a),
14,Sept. 13, 1966, 80 Stat. 767, 771; Pub. L. 91–605, title I, § 136(a), (b),Dec. 31, 1970, 84 Stat. 1734; Pub. L. 93–87, title I, §§ 114,
156,Aug. 13, 1973, 87 Stat. 257, 276, 277; Pub. L. 95–599, title I, §§ 113,
(f), (g),Nov. 6, 1978, 92 Stat. 2696, 2699, 2711; Pub. L. 96–106, § 3,Nov. 9, 1979, 93 Stat. 797; Pub. L. 97–424, title I, § 110(a),Jan. 6, 1983, 96 Stat. 2105; Pub. L. 102–240, title I, § 1016(c)–(f)(1), Dec. 18, 1991, 105 Stat. 1946; Pub. L. 104–59, title III, §§ 304,
(a),Nov. 28, 1995, 109 Stat. 579, 580; Pub. L. 105–178, title I, §§ 1202(c),
1306,June 9, 1998, 112 Stat. 169, 193, 229; Pub. L. 109–59, title I, § 1110(a), (c), title VI, § 6008,Aug. 10, 2005, 119 Stat. 1170, 1171, 1874.)
2005—Subsec. (c)(2). Pub. L. 109–59
, § 6008, inserted dash after “Secretary shall consider” and subpar. (A) designation before “the results”, substituted semicolon for period, and added subpars. (B) to (D).
Subsec. (e). Pub. L. 109–59
, § 1110(a), inserted subsec. heading, designated existing provisions as par. (1), inserted par. heading, and added par. (2).
Subsec. (g). Pub. L. 109–59
, § 1110(c), substituted “Not later than January 30, 1971, the Secretary shall issue” for “The Secretary shall issue within 30 days after the day of enactment of the Federal-Aid Highway Act of 1970”.
1998—Subsecs. (b), (c)(2). Pub. L. 105–178
, § 1212(a)(2)(A)(ii), substituted “State transportation departments” for “State highway departments”.
Subsec. (d). Pub. L. 105–178
, § 1212(a)(2)(A)(i), substituted “State transportation department” for “State highway department”.
Subsec. (m). Pub. L. 105–178
, § 1306(a), redesignatedsubsec. (n) as (m) and struck out former subsec. (m) which read as follows: “The Secretary shall issue guidelines describing the criteria applicable to the Interstate System in order to insure that the condition of these routes is maintained at the level required by the purposes for which they were designed. The initial guidelines shall be issued no later than October 1, 1979.”
Subsec. (n). Pub. L. 105–178
, § 1306(a)(2), redesignatedsubsec. (o) as (n). Former subsec. (n) redesignated (m).
Pub. L. 105–178
, § 1202(c), inserted heading and amended text of subsec. (n) generally. Prior to amendment, text read as follows: “The Secretary shall not approve any project under this title that will result in the severance or destruction of an existing major route for nonmotorized transportation traffic and light motorcycles, unless such project provides a reasonably alternate route or such a route exists.”
Subsecs. (o) to (q). Pub. L. 105–178
, § 1306(a)(2), (b), added subsec. (q) and redesignated former subsecs. (p) and (q) as (o) and (p), respectively. Former subsec. (o) redesignated (n).
1995—Subsec. (a). Pub. L. 104–59
, § 304(1), added subsec. (a) and struck out former subsec. (a) which read as follows: “The Secretary shall not approve plans and specifications for proposed highway projects under this chapter if they fail to provide for a facility (1) that will adequately meet the existing and probable future traffic needs and conditions in a manner conducive to safety, durability, and economy of maintenance; (2) that will be designed and constructed in accordance with standards best suited to accomplish the foregoing objectives and to conform to the particular needs of each locality.”
Subsec. (c). Pub. L. 104–59
, § 304(2), added subsec. (c) and struck out former subsec. (c) which read as follows:
“(c) Design and Construction Standards for NHS.—Design and construction standards to be adopted for new construction on the National Highway System, for reconstruction on the National Highway System, and for resurfacing, restoring, and rehabilitating multilane limited access highways on the National Highway System shall be those approved by the Secretary in cooperation with the State highway departments. All eligible work for such projects shall meet or exceed such standards.”
Subsec. (j). Pub. L. 104–59
, § 305(a), substituted “plan for—” and pars. (1) and (2) for “plan for the implementation of any ambient air quality standard for any air quality control region designated pursuant to the Clean Air Act, as amended.”
Subsec. (q). Pub. L. 104–59
, § 304(3), added subsec. (q) and struck out former subsec. (q) which read as follows:
“(q) Historic and Scenic Values.—If a proposed project under sections
involves a historic facility or is located in an area of historic or scenic value, the Secretary may approve such project notwithstanding the requirements of subsections (a) and (b) of this section and section
if such project is designed to standards that allow for the preservation of such historic or scenic value and such project is designed with mitigation measures to allow preservation of such value and ensure safe use of the facility.”
1991—Subsec. (a). Pub. L. 102–240
, § 1016(f)(1)(A), substituted “highway projects under this chapter” for “projects on any Federal-aid system”.
Subsec. (c). Pub. L. 102–240
, § 1016(c), amended subsec. (c) generally. Prior to amendment, subsec. (c) read as follows: “Projects on the Federal-aid secondary system in which Federal funds participate shall be constructed according to specifications that will provide all-weather service and permit maintenance at a reasonable cost.”
Subsec. (l)(1). Pub. L. 102–240
, § 1016(f)(1)(B), substituted “highway” for “system” in introductory provisions.
Subsecs. (p), (q). Pub. L. 102–240
, § 1016(d), (e), added subsecs. (p) and (q).
1983—Subsec. (o). Pub. L. 97–424
added subsec. (o).
1979—Subsec. (l)(1)(A). Pub. L. 96–106
struck out “any aspect of” after “adversely affect”.
1978—Subsec. (f). Pub. L. 95–599
, § 141(f), inserted “bikeways” after “surfaces, median strips,”.
Subsec. (l). Pub. L. 95–599
, § 113, added subsec. (l).
Subsec. (m). Pub. L. 95–599
, § 116(d), added subsec. (m).
Subsec. (n). Pub. L. 95–599
, § 141(g), added subsec. (n).
1973—Subsec. (g). Pub. L. 93–87
, § 152(2), substituted “Act” for “Rct”, thus correcting the popular name to read “Federal-Aid Highway Act of 1970”.
Subsec. (i). Pub. L. 93–87
, § 114, authorized promulgation of noise-level standards for highways on any Federal-aid system for which project approval has been secured prior to July 1, 1972, and approval of any project on a Federal-aid system to which noise-level standards are made applicable, described the range of the projects, made money available for financing Federal share of the project, and deemed such project a highway project for all purposes of this title.
Subsec. (k). Pub. L. 93–87
, § 156, added subsec. (k).
1970—Subsec. (g). Pub. L. 91–605
, § 136(a), substituted provisions ordering the Secretary to issue within 30 days after Dec. 31, 1970, guidelines, which will apply to all proposed projects approved by the Secretary after their issuance, for minimizing soil erosion from highway construction for provisions authorizing the Secretary to consult with the Secretary of Agriculture respecting guidelines for minimizing soil erosion from highway construction and report such guidelines to Congress not later than July 1, 1967.
Subsecs. (h) to (j). Pub. L. 91–605
, § 136(b), added subsecs. (h) to (j).
1966—Subsec. (b). Pub. L. 89–574
, § 5(a), required that in all cases the standards provide for at least four lanes of traffic.
Subsec. (g). Pub. L. 89–574
, § 14, added subsec. (g).
1963—Subsec. (b). Pub. L. 88–157
substituted “Such standards, as applied to each actual construction project, shall be adequate to enable such project to accommodate the types and volumes of traffic anticipated for such project for the twenty-year period commencing on the date of approval by the Secretary, under section
of this title, of the plans, specifications, and estimates for actual construction of such project” for “Such standards shall be adequate to accommodate the types and volumes of traffic forecast for the year 1975”, struck out “up” before “to such standards” and inserted “all” in phrase “throughout all the States”.
Effective Date of 1991 Amendment
Amendment by Pub. L. 102–240
effective Dec. 18, 1991, and applicable to funds authorized to be appropriated or made available after Sept. 30, 1991, and, with certain exceptions, not applicable to funds appropriated or made available on or before Sept. 30, 1991, see section 1100 ofPub. L. 102–240
, set out as a note under section
of this title.
Highway Signs Relating to Veterans Cemeteries
Pub. L. 108–29
, § 3,May 29, 2003, 117 Stat. 772
, provided that:
“(a) In General.—Notwithstanding the terms of any agreement entered into by the Secretary of Transportation and a State under section
, United States Code, a veterans cemetery shall be treated as a site for which a supplemental guide sign may be placed on any Federal-aid highway.
“(b) Applicability.—Subsection (a) shall apply to an agreement entered into before, on, or after the date of the enactment of this Act [May 29, 2003].”
International Roughness Index
Pub. L. 105–178
, title I, § 1213(b),June 9, 1998, 112 Stat. 200
, provided that:
“(1) Study.—The Comptroller General of the United States shall conduct a study on the international roughness index that is used as an indicator of pavement quality on the Federal-aid highway system.
“(2) Required elements.—The study shall specify the extent of usage of the index and the extent to which the international roughness index measurement is reliable across different manufacturers and types of pavement.
“(3) Report to congress.—Not later than 2 years after the date of enactment of this Act [June 9, 1998], the Comptroller General shall submit to Congress a report on the results of the study.”
Pub. L. 105–178
, title I, § 1309,June 9, 1998, 112 Stat. 232
, as amended by Pub. L. 105–206
, title IX, § 9004(c),July 22, 1998, 112 Stat. 843
, which directed the Secretary of Transportation to develop and implement a coordinated environmental review process for highway construction and mass transit projects, was repealed by Pub. L. 109–59
, title VI, § 6002(d),Aug. 10, 2005, 119 Stat. 1865
Roadside Safety Technologies
Pub. L. 105–178
, title I, § 1402,June 9, 1998, 112 Stat. 236
, as amended by Pub. L. 105–206
, title IX, § 9005(c),July 22, 1998, 112 Stat. 848
, provided that:
“(a) Crash Cushions.—
“(1) Guidance.—Not later than 18 months after the date of enactment of this Act [June 9, 1998], the Secretary shall issue guidance regarding the benefits and safety performance of redirective and nonredirective crash cushions in different road applications, taking into consideration roadway conditions, operating speed limits, the location of the crash cushion in the right-of-way, and any other relevant factors. The guidance shall include recommendations on the most appropriate circumstances for utilization of redirective and nonredirective crash cushions.
“(2) Use of guidance.—States shall use the guidance issued under this subsection in evaluating the safety and cost-effectiveness of utilizing different crash cushion designs and determining whether redirective or nonredirective crash cushions or other safety appurtenances should be installed at specific highway locations.
“(b) Traffic Flow and Safety Applications of Road Barriers.—
“(1) Study.—The Secretary shall conduct a study on the technologies and methods to enhance safety, streamline construction, and improve capacity by providing positive separation at all times between traffic, equipment, and workers on highway construction projects. The study shall also address how such technologies can be used to improve capacity and safety at those specific highway, bridge, and other appropriate locations where reversible lane, contraflow, and high occupancy vehicle lane operations are implemented during peak traffic periods.
“(2) Uses to consider.—In conducting the study, the Secretary shall consider, at a minimum, uses of positive separation technologies related to—
“(A) separating workers from traffic flow when work is in progress;
“(B) providing additional safe work space by utilizing adjacent and available traffic lanes during off-peak hours;
“(C) rapid deployment to allow for daily or periodic restoration of lanes for use by traffic during peak hours as needed;
“(D) mitigating congestion caused by construction by—
“(i) opening all adjacent and available lanes to traffic during peak traffic hours; or
“(ii) using reversible lanes to optimize capacity of the highway by adjusting to directional traffic flow; and
“(E) permanent use of positive separation technologies to create contraflow or reversible lanes to increase the capacity of congested highways, bridges, and tunnels.
“(3) Report.—Not later than 18 months after the date of enactment of this Act [June 9, 1998], the Secretary shall submit to Congress a report on the results of the study. The report shall include findings and recommendations for the use of the technologies referred to in paragraph (2) to provide positive separation on appropriate projects.”
Pub. L. 104–59
, title II, § 205(c),Nov. 28, 1995, 109 Stat. 577
, as amended by Pub. L. 105–178
, title I, § 1211(d),June 9, 1998, 112 Stat. 188
, provided that:
“(1) Placement and modification of signs.—The Secretary shall not require the States to expend any Federal or State funds to construct, erect, or otherwise place or to modify any sign relating to a speed limit, distance, or other measurement on a highway for the purpose of having such sign establish such speed limit, distance, or other measurement using the metric system.
“(2) Other actions.—The Secretary shall not require that any State use or plan to use the metric system with respect to designing or advertising, or preparing plans, specifications, estimates, or other documents, for a Federal-aid highway project eligible for assistance under title 23, United States Code.
“(3) Definitions.—In this subsection, the following definitions apply:
“(A) Highway.—The term ‘highway’ has the meaning such term has under section
, United States Code.
“(B) Metric system.—The term ‘metric system’ has the meaning the term ‘metric system of measurement’ has under section 4 of the Metric Conversion Act of 1975 (15
Type II Noise Barriers
Section 339(b) ofPub. L. 104–59
“(1) General rule.—No funds made available out of the Highway Trust Fund may be used to construct Type II noise barriers (as defined by section
772.5(i) of title
, Code of Federal Regulations) pursuant to subsections (h) and (i) ofsection
of title 23, United States Code, if such barriers were not part of a project approved by the Secretary before the date of the enactment of this Act [Nov. 28, 1995].
“(2) Exceptions.—Paragraph (1) shall not apply to construction of Type II noise barriers along lands that were developed or were under substantial construction before approval of the acquisition of the rights-of-ways for, or construction of, the existing highway.”
Highway Signs for National Highway System
Section 359(b) ofPub. L. 104–59
“(1) Study.—The Secretary shall conduct a study to determine the cost, need, and efficacy of establishing a highway sign for identifying routes on the National Highway System. In conducting the study, the Secretary shall make a determination concerning whether to identify National Highway System route numbers.
“(2) Report.—Not later than March 1, 1997, the Secretary shall transmit to Congress a report on the results of the study.”
Use of Recycled Paving Material
Section 1038 ofPub. L. 102–240
, as amended by Pub. L. 104–59
, title II, § 205(b), title III, § 327,Nov. 28, 1995, 109 Stat. 577
, 592, provided that:
“(a) Asphalt Pavement Containing Recycled Rubber Demonstration Program.—Notwithstanding any other provision of title 23, United States Code, or regulation or policy of the Department of Transportation, the Secretary (or a State acting as the Department’s agent) may not disapprove a highway project under chapter
, United States Code, on the ground that the project includes the use of asphalt pavement containing recycled rubber. Under this subsection, a patented application process for recycled rubber shall be eligible for approval under the same conditions that an unpatented process is eligible for approval.
“(1) In general.—The Secretary and the Administrator of the Environmental Protection Agency shall coordinate and conduct, in cooperation with the States, a study to determine—
“(A) the threat to human health and the environment associated with the production and use of asphalt pavement containing recycled rubber;
“(B) the degree to which asphalt pavement containing recycled rubber can be recycled; and
“(C) the performance of the asphalt pavement containing recycled rubber under various climate and use conditions.
“(2) Division of responsibilities.—The Administrator shall conduct the part of the study relating to paragraph (1)(A) and the Secretary shall conduct the part of the study relating to paragraph (1)(C). The Administrator and the Secretary shall jointly conduct the study relating to paragraph (1)(B).
“(3) Additional study.—The Secretary and the Administrator, in cooperation with the States, shall jointly conduct a study to determine the economic savings, technical performance qualities, threats to human health and the environment, and environmental benefits of using recycled materials in highway devices and appurtenances and highway projects, including asphalt containing over 80 percent reclaimed asphalt, asphalt containing recycled glass, and asphalt containing recycled plastic.
“(4) Additional elements.—In conducting the study under paragraph (3), the Secretary and the Administrator shall examine utilization of various technologies by States and shall examine the current practices of all States relating to the reuse and disposal of materials used in federally assisted highway projects.
“(5) Report.—Not later than 18 months after the date of the enactment of this Act [Dec. 18, 1991], the Secretary and the Administrator shall transmit to Congress a report on the results of the studies conducted under this subsection, including a detailed analysis of the economic savings and technical performance qualities of using such recycled materials in federally assisted highway projects and the environmental benefits of using such recycled materials in such highway projects in terms of reducing air emissions, conserving natural resources, and reducing disposal of the materials in landfills.
“(c) DOT Guidance.—
“(1) Information gathering and distribution.—The Secretary shall gather information and recommendations concerning the use of asphalt containing recycled rubber in highway projects from those States that have extensively evaluated and experimented with the use of such asphalt and implemented such projects and shall make available such information and recommendations on the use of such asphalt to those States which indicate an interest in the use of such asphalt.
“(2) Encouragement of use.—The Secretary should encourage the use of recycled materials determined to be appropriate by the studies pursuant to subsection (b) in federally assisted highway projects. Procuring agencies shall comply with all applicable guidelines or regulations issued by the Administrator of the Environmental Protection Agency.
“(d) Asphalt Pavement Containing Recycled Rubber.—
“(1) Crumb rubber modifier research.—Not later than 180 days after the date of the enactment of the National Highway System Designation Act of 1995 [Nov. 28, 1995], the Secretary shall develop testing procedures and conduct research to develop performance grade classifications, in accordance with the strategic highway research program carried out under section
, United States Code, for crumb rubber modifier binders. The testing procedures and performance grade classifications should be developed in consultation with representatives of the crumb rubber modifier industry and other interested parties (including the asphalt paving industry) with experience in the development of the procedures and classifications.
“(2) Crumb rubber modifier program development.—
“(A) In general.—The Secretary may make grants to States to develop programs to use crumb rubber from scrap tires to modify asphalt pavements.
“(B) Use of grant funds.—Grant funds made available to States under this paragraph shall be used—
“(i) to develop mix designs for crumb rubber modified asphalt pavements;
“(ii) for the placement and evaluation of crumb rubber modified asphalt pavement field tests; and
“(iii) for the expansion of State crumb rubber modifier programs in existence on the date the grant is made available.
“(e) Definitions.—For purpose of this section—
“(1) the term ‘asphalt pavement containing recycled rubber’ means any mixture of asphalt and crumb rubber derived from whole scrap tires, such that the physical properties of the asphalt are modified through the mixture, for use in pavement maintenance, rehabilitation, or construction applications; and
“(2) the term ‘recycled rubber’ is any crumb rubber derived from processing whole scrap tires or shredded tire material taken from automobiles, trucks, or other equipment owned and operated in the United States.”
Survey and Report on Upgrading of Design Standards
Section 1049 ofPub. L. 102–240
directed Secretary to conduct a survey to identify current State standards relating to geometric design, traffic control devices, roadside safety, safety appurtenance design, uniform traffic control devices, and sign legibility and directional clarity for all Federal-aid highways and, not later than 2 years after Dec. 18, 1991, to transmit to Congress a report on the results of the survey and the crashworthiness of traffic lights, traffic signs, guardrails, impact attenuators, concrete barrier treatments, and breakaway utility poles for bridges and roadways currently used by States.
Erosion Control Guidelines
Section 1057 of title I of Pub. L. 102–240
“(a) Development.—The Secretary shall develop erosion control guidelines for States to follow in carrying out construction projects funded in whole or in part under this title [see Tables for classification].
“(b) More Stringent State Requirements.—Guidelines developed under subsection (a) shall not preempt any requirement made by or under State law if such requirement is more stringent than the guidelines.
“(c) Consistency With Other Programs.—Guidelines developed under subsection (a) shall be consistent with nonpoint source management programs under section 319 of the Federal Water Pollution Control Act [33
] and coastal nonpoint pollution control guidance under section 6217(g) of the Omnibus Budget Reconciliation Act of 1990 [16
Roadside Barrier Technology
Section 1058 ofPub. L. 102–240
, as amended by Pub. L. 104–59
, title III, § 328,Nov. 28, 1995, 109 Stat. 593
, provided that:
“(a) Requirement for Innovative Barriers.—Not less than 21/2 percent of the mileage of new or replacement permanent or temporary crashworthy barriers included in awarded contracts along Federal-aid highways within the boundaries of a State in each calendar year shall be innovative crashworthy safety barriers.
“(b) Certification.—Each State shall annually certify to the Secretary its compliance with the requirements of this section.
“(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 ofPub. L. 102–240
“(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, mini-vans, 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) ofPub. L. 97–424
“(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 ofPub. 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) ofPub. L. 89–574
, set out as a note under section
of this title.