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Welcome Housekeeping SafetyAnalyst Update Today s Agenda HSIP Final Rule Presentation Discussion on HSIP Reporting Requirements Polling Questions and Q&A
Final Rule Issued in Federal Register on December 24, 2008 Website Link: http://edocket.access.gpo.gov/2008/pdf/e8-30168.pdf Rule took affect January 23, 2009
Why did FHWA change the regulation? 23 CFR Part 924 written long ago August 2005: SAFETEA-LU established new core HSIP structure t and funding to make significant progress in reducing highway fatalities Program statutory requirements established in 23 USC 148 Final Rule incorporates new statutory t t requirements
Section titles remain unchanged: 924.1 Purpose 924.3 Definitions 924.5 Policy 924.7 Program Structure 924.9 Planning 924.11 Implementation 924.13 Evaluation 924.15 Reporting
So, what s new?
Section 924.1 Purpose Evaluation explicitly added to list of comprehensive HSIP components
Section 924.3 Definitions Added 17 definitions 23 USC 148(a) definitions used as basis Clarifies terms used in text of proposed regulations
Section 924.5 Policy Paragraph (a) Added: evaluate the program on an annual basis Clarified program s objective: significantly reducing the occurrence of and the potential for fatalities and serious injuries resulting from crashes on all public roads.
Section 924.5 Policy Paragraph (b) NEW Emphasizes that States shall first consider whether the activity maximizes opportunities to advance safety Requires States to fund safety projects that are most likely to reduce the number of, or potential for, fatalities and serious injuries
Section 924.5 Policy Paragraph (c) NEW Highlights that other Federal-aid funds are eligible to support and leverage the safety program Suggests that safety improvements as part of broader projects should use the same funding source as the broader project Recommends other funding sources
Section 924.5 Policy Paragraph (d) NEW Reiterates that traffic control devices that are installed using HSIP funding must be compliant with the Manual on Uniform Traffic Control Devices
Section 924.7 Program Structure Paragraph (a) NEW Requires HSIP to include data-driven SHSP HSIP to include high-risk rural roads and railway-highway grade crossings
Section 924.7 Program Structure Paragraph (b) g p ( ) Requires that each State s HSIP include processes for evaluating the HSIP and the SHSP Processes shall be developed in consultation with the FHWA Division Administrator
924.9 Planning Overall Changes Provides more information regarding HSIP planning process Reorganizes section Adds more detail regarding individual elements of the planning process Places emphasis on data and data systems Places emphasis on data and data systems improvement
Section 924.9 Planning Paragraph (a) Five Planning Process Elements: 1) Collect and maintain safety records and data 2) Advance capabilities for safety data collection and analysis NEW 3) Analyze available safety data 4) Conduct engineering studies and develop highway safety improvement projects 5) Establish priorities and implementation schedules for improvement projects
Section 924.9 Planning Paragraph (a) 1) Collect and maintain safety records and data on all public roads Encourages States to make databases more comprehensive: Crash Roadway Traffic Vehicle NEW
Section 924.9 Planning Paragraph (a) 2) Advance capabilities for safety data collection and analysis NEW Emphasizes: Timeliness Accuracy Completeness Uniformity Integration Accessibility of safety data or traffic records
Section 924.9 Planning Paragraph (a) 3) Analyze available safety data Provides detailed information for developing data-driven program: Projects and priorities based on crash data, severity, other safety information, and evaluation process Data-driven SHSP includes stakeholders and identifies key emphasis areas, performance-based goals, priorities, and approved by Governor High-Risk Rural Roads program applies to Stateand non-state-owned roads Railway-Highway Grade Crossing Program
Section 924.9 Planning Paragraph (a) 4) Conduct engineering studies Adds roadway safety audits and other safety assessments and reviews as types of studies to be used
Section 924.9 Planning Paragraph (a) 5) Establish priorities for implementing highway safety improvement projects Elements of process: Potential reduction in number of fatalities and serious injuries Cost effectiveness of projects and available resources SHSP priorities NEW Correct and prevent hazardous conditions NEW Other safety data-driven criteria Integrate with statewide transportation processes and programs NEW
Section 924.9 Planning Paragraph (b) Finance Planning Process with funds made available through: 23 USC 130 23 USC 133 23 USC 148 23 USC 402 23 USC 505 23 USC 104(f) where applicable in Metropolitan Planning Areas
Section 924.9 Planning Paragraph (c) NEW Links highway safety improvement projects with Statewide and Metropolitan Transportation Planning Processes
Section 924.11 Implementation Overall Changes Expanded to provide more detailed explanation regarding implementation requirements
Section 924.11 Implementation Paragraph (a) Simplified language to tie implementation to planning Editorial change: reference to 23 CFR Part 630 relocated as new Paragraph (i)
Section 924.11 Implementation Previous Regulation Paragraph (b) Deleted this paragraph (Hazard Elimination Program) Program repealed by SAFETEA-LU Funds now apportioned under 23 USC 104(b)(5)
Section 924.11 Implementation Paragraph (b) NEW Allows up to 10% of amount apportioned under 23 USC 104(b)(5) for a fiscal year to be used for safety projects under any other section of Title 23 USC if the State has met infrastructure safety needs relating to: Railway-highway grade crossings Highway safety improvement projects Establishes approval process
Section 924.11 Implementation Paragraph (c) NEW Funding set asides from 23 USC 104(b)(5) for construction and operational improvements on high-risk rural roads
Section 924.11 Implementation Paragraph (d) Clarifies requirements for use of funds set aside pursuant to 23 USC 130(e) for railway-highway grade crossings: 50% of 23 USC 130(f) funds must be made available for installation of highway- railway grade crossing protective devices 23 USC 130(k): Use no more than 2% of these funds for compilation and analysis of safety data in support of Section 924.15(a)(2) annual report requirement
Section 924.11 Implementation Paragraph (e) No significant changes formerly Paragraph (d)
Section 924.11 Implementation Previous Regulation Paragraph (e) Deleted this paragraph 23 USC 219 Safer Off-System Roads repealed in 1987
Section 924.11 Implementation Previous Regulation Paragraph (f) Deleted this paragraph 23 CFR part 650, subpart D (Special Bridge Replacement Program): Very specific activity address only in part 650, not HSIP
Section 924.11 Implementation Paragraph (f) Adds that awards for highway safety improvement projects shall be in accordance with: 23 CFR Part 172 engineering and design 49 CFR Part 18 nonhighway construction projects
Section 924.11 Implementation Paragraph (g) NEW Safety projects funded under 23 USC 104(b)(5) shall be accounted for in the statewide transportation improvement program and reported on annually
Section 924.11 Implementation Paragraph (h) NEW Safety projects under 23 USC 104(b)(5): Federal share = 90% max For States with a large percentage of Federal Lands: Federal share = 95% max (sliding scale) Some types of projects: Federal share = up to 100% No more than 10% of the sums apportioned under 23 USC 104 shall be at this rate Some railway-highway grade crossing projects: Federal Share = up to 100% Subject to 10% limit for funds apportioned under 23 USC 104
Section 924.13 Evaluation Overall Changes Revised to clearly describe: Evaluation process Information to be used Mechanisms to be used for financing evaluations
Section 924.13 Evaluation Paragraph (a) Requires States to evaluate: Overall HSIP Results achieved in reducing number of crashes, fatalities, and serious injuries or potential crashes Reaching performance goals identified in the planning process SHSP Evaluate on a regular basis to: Ensure the accuracy and currency of safety data Identify factors affecting priorities, strategies, and improvements Identify issues demonstrating ti need to update SHSP
Section 924.13 Evaluation Paragraph (b) Expanded to require information from evaluation process be used for: Setting priorities for highway safety improvement projects Assessing overall effectiveness of HSIP Reporting required in Section 924.15
924.13 Evaluation Paragraph (c) No significant changes
Section 924.15 Reporting Overall Changes Expands to specify requirements for States to submit annual reports
Section 924.15 Reporting Paragraph (a) Reports to be submitted: Report describing progress in implementing State HSIP Report describing progress in implementing railway-highway grade crossing improvements Transparency report
Section 924.15 Reporting Paragraph (a) Report describing progress to implement State HSIP: Progress in implementing projects Assess effectiveness of improvements effectiveness of HSIP highway safety trends (number and rate) extent to which improvements contributed to performance goals Describe High-Risk Rural Roads program
Section 924.15 Reporting Paragraph (a) Report describing progress to implement railway-highway y grade crossing improvements: in accordance with 23 U.S.C. 130(g) effectiveness of improvements
Section 924.15 Reporting Paragraph (a) Transparency Report Describes not less than 5% of a State s highway locations exhibiting the most severe safety needs that: Identifies potential remedies, costs and impediments to implementing those remedies Emphasizes fatality and serious injury data Uses current data (3 to 5 years) Identifies data years and extent of coverage Identifies methodology used to determine locations Is compatible with the requirements of 29 USC 794(d), Section 508 of the Rehabilitation Act
924.15 Reporting Paragraph (b) No significant changes
HSIP Reporting Guidance Discussion Issues/Concerns with Existing Guidance Additional Guidance Needed? Project Categories
What should I do now? Download and become familiar with the new rule New rule took affect January 23, 2009 Obtain new rule at: http://edocket.access.gpo.gov/2008/pdf/e8-30168.pdf Update your HSIP processes, where needed, to comply with the new rule and ask questions if you have them Submit required reports to FHWA Division Administrator by August 31, 2009: HSIP progress report Highway-railway grade crossing improvements report Transparency report
Contact tinformation Erin Kenley (202) 366-8556 erin.kenley@dot.gov