SUBCHAPTER J—HIGHWAY SAFETY - GPO J—HIGHWAY SAFETY PART 924—HIGHWAY SAFETY IMPROVEMENT PROGRAM Sec. 924.1 Purpose. 924.3 Definitions. ... highway; and (3) A portion of any interstate or

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499 SUBCHAPTER JHIGHWAY SAFETY PART 924HIGHWAY SAFETY IMPROVEMENT PROGRAM Sec. 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. AUTHORITY: 23 U.S.C. 104(b)(5), 130, 148, 315, and 402; 49 CFR 1.48(b). SOURCE: 73 FR 78965, Dec. 24, 2008, unless otherwise noted. 924.1 Purpose. The purpose of this regulation is to set forth policy for the development, implementation, and evaluation of a comprehensive highway safety im-provement program (HSIP) in each State. 924.3 Definitions. Unless otherwise specified in this part, the definitions in 23 U.S.C. 101(a) are applicable to this part. In addition, the following definitions apply: Hazard index formula means any safe-ty or crash prediction formula used for determining the relative likelihood of hazardous conditions at railway-high-way grade crossings, taking into con-sideration weighted factors, and sever-ity of crashes. High risk rural road means any road-way functionally classified as a rural major or minor collector or a rural local road (1) On which the crash rate for fatali-ties and incapacitating injuries exceeds the statewide average for those func-tional classes of roadway; or (2) That will likely have increases in traffic volume that are likely to create a crash rate for fatalities and incapaci-tating injuries that exceeds the state-wide average for those functional class-es of roadway. Highway means, (1) A road, street, and parkway; (2) A right-of-way, bridge, railroad- highway crossing, tunnel, drainage structure, sign, guardrail, and protec-tive structure, in connection with a highway; and (3) A portion of any interstate or international bridge or tunnel and the approaches thereto, the cost of which is assumed by a State transportation department, including such facilities as may be required by the United States Customs and Immigration Serv-ices in connection with the operation of an international bridge or tunnel; and (4) Those facilities specifically pro-vided for the accommodation and pro-tection of pedestrians and bicyclists. Highway-rail grade crossing protective devices means those traffic control de-vices in the Manual on Uniform Traffic Control Devices specified for use at such crossings; and system components associated with such traffic control de-vices, such as track circuit improve-ments and interconnections with high-way traffic signals. Highway safety improvement program means the program carried out under 23 U.S.C. 130 and 148. Highway safety improvement project means a project consistent with the State strategic highway safety plan (SHSP) that corrects or improves a hazardous road location or feature, or addresses a highway safety problem. Projects include, but are not limited to, the following: (1) An intersection safety improve-ment. (2) Pavement and shoulder widening (including addition of a passing lane to remedy an unsafe condition). (3) Installation of rumble strips or other warning devices, if the rumble strips or other warning devices do not adversely affect the safety or mobility of bicyclists, pedestrians and persons with disabilities. (4) Installation of a skid-resistant surface at an intersection or other lo-cation with a high frequency of crash-es. (5) An improvement for pedestrian or bicyclist safety or for the safety of per-sons with disabilities. (6) Construction of any project for the elimination of hazards at a rail-way-highway crossing that is eligible VerDate Sep2014 08:29 May 20, 2016 Jkt 238081 PO 00000 Frm 00509 Fmt 8010 Sfmt 8010 Y:\SGML\238081.XXX 238081ehiers on DSK5VPTVN1PROD with CFR500 23 CFR Ch. I (4116 Edition) 924.3 for funding under 23 U.S.C. 130, includ-ing the separation or protection of grades at railway-highway crossings. (7) Construction of a railway-high-way crossing safety feature, including installation of highway-rail grade crossing protective devices. (8) The conduct of an effective traffic enforcement activity at a railway- highway crossing. (9) Construction of a traffic calming feature. (10) Elimination of a roadside obsta-cle or roadside hazard. (11) Improvement of highway signage and pavement markings. (12) Installation of a priority control system for emergency vehicles at sig-nalized intersections. (13) Installation of a traffic control or other warning device at a location with high crash potential. (14) Transportation safety planning. (15) Improvement in the collection and analysis of safety data. (16) Planning integrated interoper-able emergency communications equip-ment, operational activities, or traffic enforcement activities (including law enforcement assistance) relating to work zone safety. (17) Installation of guardrails, bar-riers (including barriers between con-struction work zones and traffic lanes for the safety of road users and work-ers), and crash attenuators. (18) The addition or retrofitting of structures or other measures to elimi-nate or reduce crashes involving vehi-cles and wildlife. (19) Installation and maintenance of signs (including fluorescent yellow- green signs) at pedestrian-bicycle crossings and in school zones. (21) Construction and operational im-provements on high risk rural roads. (22) Conducting road safety audits. Integrated interoperable emergency communication equipment means equip-ment that supports an interoperable emergency communications system. Interoperable emergency communica-tions system means a network of hard-ware and software that allows emer-gency response providers and relevant Federal, State, and local government agencies to communicate with each other as necessary through a dedicated public safety network utilizing infor-mation technology systems and radio communications systems, and to ex-change voice, data, or video with one another on demand, in real time, as necessary. Operational improvements means a capital improvement for installation of traffic surveillance and control equip-ment; computerized signal systems; motorist information systems; inte-grated traffic control systems; incident management programs; transportation demand management facilities, strate-gies, and programs; and such other cap-ital improvements to public roads as the Secretary may designate by regula-tion. Public grade crossing means a railway- highway grade crossing where the road-way is under the jurisdiction of and maintained by a public authority and open to public travel. All roadway ap-proaches must be under the jurisdic-tion of the public roadway authority, and no roadway approach may be on private property. Public road means any highway, road, or street under the jurisdiction of and maintained by a public authority and open to public travel. Road Safety Audit means a formal safety performance examination of an existing or future road or intersection by an independent multidisciplinary audit team. Safety data includes, but is not lim-ited to, crash, roadway, traffic, and ve-hicle data on all public roads includ-ing, for railway-highway grade cross-ings, the characteristics of both high-way and train traffic. Safety projects under any other section means safety projects eligible for fund-ing under Title 23, United States Code, including projects to promote safety awareness, public education, and projects to enforce highway safety laws. Safety stakeholder means (1) A highway safety representative of the Governor of the State; (2) Regional transportation planning organizations and metropolitan plan-ning organizations, if any; (3) Representatives of major modes of transportation; (4) State and local traffic enforce-ment officials; VerDate Sep2014 08:29 May 20, 2016 Jkt 238081 PO 00000 Frm 00510 Fmt 8010 Sfmt 8010 Y:\SGML\238081.XXX 238081ehiers on DSK5VPTVN1PROD with CFR501 Federal Highway Administration, DOT 924.7 (5) Persons responsible for admin-istering section 130 at the State level; (6) Representatives conducting Oper-ation Lifesaver; (7) Representatives conducting a motor carrier safety program under section 31102, 31106, or 31309 of title 49; (8) Motor vehicle administration agencies; and (9) Includes, but is not limited to, local, State, and Federal transpor-tation agencies and tribal govern-ments. Serious injury means an incapaci-tating injury or any injury, other than a fatal injury, which prevents the in-jured person from walking, driving, or normally continuing the activities the person was capable of performing be-fore the injury occurred. State means any one of the 50 States and the District of Columbia. Strategic highway safety plan means a comprehensive, data-driven safety plan developed, implemented, and evaluated in accordance with 23 U.S.C. 148. Transparency report means the report submitted to the Secretary annually under 23 U.S.C. 148(c)(1)(D) and in ac-cordance with 924.15 of this part that describes, in a clearly understandable fashion, not less than 5 percent of loca-tions determined by the State as exhib-iting the most severe safety needs; and contains an assessment of potential remedies to hazardous locations identi-fied; estimated costs associated with those remedies; and impediments to implementation other than cost associ-ated with those remedies. 924.5 Policy. (a) Each State shall develop, imple-ment, and evaluate on an annual basis a HSIP that has the overall objective of significantly reducing the occur-rence of and the potential for fatalities and serious injuries resulting from crashes on all public roads. (b) Under 23 U.S.C. 148(a)(3), a variety of highway safety improvement projects are eligible for funding through the HSIP. In order for an eligi-ble improvement to be funded with HSIP funds, States shall first consider whether the activity maximizes oppor-tunities to advance safety. States shall fund safety projects or activities that are most likely to reduce the number of, or potential for, fatalities and seri-ous injuries. Safety projects under any other section, and funded with 23 U.S.C. 148 funds, are only eligible ac-tivities when a State is eligible to use up to 10 percent of the amount appor-tioned under 23 U.S.C. 104(b)(5) for a fis-cal year in accordance with 23 U.S.C. 148(e). This excludes minor activities that are incidental to a specific high-way safety improvement project. (c) Other Federal-aid funds are eligi-ble to support and leverage the safety program. Improvements to safety fea-tures that are routinely provided as part of a broader Federal-aid project should be funded from the same source as the broader project. States should address the full scope of their safety needs and opportunities on all roadway categories by using other funding sources such as Interstate Maintenance (IM), Surface Transportation Program (STP), National Highway System (NHS), and Equity Bonus (EB) funds in addition to HSIP funds. (d) Eligibility for Federal funding of projects for traffic control devices under this part is subject to a State and/or local jurisdictions substantial conformance with National MUTCD or FHWA approved State MUTCDs and supplements in accordance with part 655, subpart F, of this title. 924.7 Program structure. (a) The HSIP shall include a data- driven SHSP and the resulting imple-mentation through highway safety im-provement projects. The HSIP includes construction and operational improve-ments on high risk rural roads, and elimination of hazards at railway-high-way grade crossings. (b) The HSIP shall include processes for the planning, implementation, and evaluation of the HSIP and SHSP. These processes shall be developed by the States in consultation with the FHWA Division Administrator in ac-cordance with this section. Where ap-propriate, the processes shall be devel-oped cooperatively with officials of the various units of local and tribal gov-ernments. The processes may incor-porate a range of procedures appro-priate for the administration of an ef-fective HSIP on individual highway systems, portions of highway systems, VerDate Sep2014 08:29 May 20, 2016 Jkt 238081 PO 00000 Frm 00511 Fmt 8010 Sfmt 8010 Y:\SGML\238081.XXX 238081ehiers on DSK5VPTVN1PROD with CFR502 23 CFR Ch. I (4116 Edition) 924.9 and in local political subdivisions, and when combined, shall cover all public roads in the State. 924.9 Planning. (a) The HSIP planning process shall incorporate: (1) A process for collecting and main-taining a record of crash, roadway, traffic and vehicle data on all public roads including for railway-highway grade crossings inventory data that in-cludes, but is not limited to, the char-acteristics of both highway and train traffic. (2) A process for advancing the States capabilities for safety data col-lection and analysis by improving the timeliness, accuracy, completeness, uniformity, integration, and accessi-bility of the States safety data or traf-fic records. (3) A process for analyzing available safety data to: (i) Develop a HSIP in accordance with 23 U.S.C. 148(c)(2) that: (A) Identifies highway safety im-provement projects on the basis of crash experience, crash potential, or other data supported means as identi-fied by the State, and establishes the relative severity of those locations; (B) Considers the relative hazard of public railway-highway grade crossings based on a hazard index formula; and (C) Establishes an evaluation process to analyze and assess results achieved by the HSIP and uses this information, where appropriate, in setting priorities for future projects. (ii) Develop and maintain a data- driven SHSP that: (A) Is developed after consultation with safety stakeholders; (B) Makes effective use of State, re-gional, and local crash data and deter-mines priorities through crash data analysis; (C) Addresses engineering, manage-ment, operation, education, enforce-ment, and emergency services; (D) Considers safety needs of all pub-lic roads; (E) Adopts a strategic safety goal; (F) Identifies key emphasis areas and describes a program of projects, tech-nologies, or strategies to reduce or eliminate highway safety hazards; (G) Adopts performance-based goals, coordinated with other State highway safety programs, that address behav-ioral and infrastructure safety prob-lems and opportunities on all public roads and all users, and focuses re-sources on areas of greatest need and the potential for the highest rate of re-turn on the investment of HSIP funds; (H) Identifies strategies, tech-nologies, and countermeasures that significantly reduce highway fatalities and serious injuries in the key empha-sis areas giving high priority to cost ef-fective and proven countermeasures; (I) Determines priorities for imple-mentation; (J) Is consistent, as appropriate, with safety-related goals, priorities, and projects in the long-range statewide transportation plan and the statewide transportation improvement program and the relevant metropolitan long- range transportation plans and trans-portation improvement programs that are developed as specified in 23 U.S.C. 134, 135 and 402; and 23 CFR part 450; (K) Documents the process used to develop the plan; (L) Proposes a process for implemen-tation and evaluation of the plan; (M) Is approved by the Governor of the State or a responsible State agency official that is delegated by the Gov-ernor of the State; and (N) Has been developed using a proc-ess approved by the FHWA Division Administrator. (iii) Develop a High Risk Rural Roads program using safety data that identi-fies eligible locations on State and non-State owned roads as defined in 924.3, and analyzes the highway safety problem to identify safety concerns, identify potential countermeasures, se-lect projects, and prioritize high risk rural roads projects on all public roads. (iv) Develop a Railway-Highway Grade Crossing program that: (A) Considers the relative hazard of public railway-highway grade crossings based on a hazard index formula; (B) Includes onsite inspection of pub-lic grade crossings; (C) Considers the potential danger to large numbers of people at public grade crossings used on a regular basis by passenger trains, school buses, transit buses, pedestrians, bicyclists, or by VerDate Sep2014 08:29 May 20, 2016 Jkt 238081 PO 00000 Frm 00512 Fmt 8010 Sfmt 8010 Y:\SGML\238081.XXX 238081ehiers on DSK5VPTVN1PROD with CFR503 Federal Highway Administration, DOT 924.11 trains and/or motor vehicles carrying hazardous materials; and (D) Results in a program of safety improvement projects at railway-high-way grade crossings giving special em-phasis to the statutory requirement that all public crossings be provided with standard signing and markings. (4) A process for conducting engineer-ing studies (such as roadway safety au-dits and other safety assessments or re-views) of hazardous locations, sections, and elements to develop highway safe-ty improvement projects. (5) A process for establishing prior-ities for implementing highway safety improvement projects considering: (i) The potential reduction in the number of fatalities and serious inju-ries; (ii) The cost effectiveness of the projects and the resources available; (iii) The priorities in the SHSP; (iv) The correction and prevention of hazardous conditions; (v) Other safety data-driven criteria as appropriate in each State; and (vi) Integration with the statewide transportation planning process and statewide transportation improvement program, and metropolitan transpor-tation planning process and transpor-tation improvement program where ap-plicable, in 23 CFR part 450. (b) The planning process of the HSIP may be financed with funds made available through 23 U.S.C. 130, 133, 148, 402, and 505 and, where applicable in metropolitan planning areas, through 23 U.S.C. 104(f). (c) Highway safety improvement projects shall be carried out as part of the Statewide and Metropolitan Trans-portation Planning Process consistent with the requirements of 23 U.S.C. 134 and 135, and 23 CFR part 450. 924.11 Implementation. (a) The HSIP shall be implemented in accordance with the requirements of 924.9 of this part. (b) A State is eligible to use up to 10 percent of the amount apportioned under 23 U.S.C. 104(b)(5) for each fiscal year to carry out safety projects under any other section, consistent with the SHSP and as defined in 23 U.S.C. 148(a)(4), if the State can certify that it has met infrastructure safety needs re-lating to railway-highway grade cross-ings and highway safety improvement projects for a given fiscal year. In order for a State to obtain approval: (1) A State must submit a written re-quest for approval to the FHWA Divi-sion Administrator for each year that a State certifies that the requirements have been met before a State may use these funds to carry out safety projects under any other section; and (2) A State must submit a written re-quest that describes how the certifi-cation was made, the activities that will be funded, how the activities are consistent with the SHSP, and the dol-lar amount the State estimates will be used. (c) If a State has funds set aside from 23 U.S.C. 104(b)(5) for construction and operational improvements on high risk rural roads, in accordance with 23 U.S.C. 148(a)(1), such funds: (1) Shall be used for safety projects that address priority high risk rural roads as determined by the State. (2) Shall only be used for construc-tion and operational improvements on high risk rural roads and the planning, preliminary engineering, and roadway safety audits related to specific high risk rural roads improvements. (3) May also be used for other high-way safety improvement projects if the State certifies that it has met all infra-structure safety needs for construction and operational improvements on high risk rural roads for a given fiscal year. (d) Funds set aside pursuant to 23 U.S.C. 148 for apportionment under the 23 U.S.C. 130(f) Railway-Highway Grade Crossing Program, are to be used to implement railway-highway grade crossing safety projects on any public road. At least 50 percent of the funds apportioned under 23 U.S.C. 130(f) must be made available for the installation of highway-rail grade crossing protec-tive devices. The railroad share, if any, of the cost of grade crossing improve-ments shall be determined in accord-ance with 23 CFR part 646, subpart B (Railroad-Highway Projects). If a State demonstrates to the satisfaction of the FHWA Division Administrator that the State has met its needs for installation of protective devices at railway-high-way grade crossings the State may use funds made available under 23 U.S.C. VerDate Sep2014 08:29 May 20, 2016 Jkt 238081 PO 00000 Frm 00513 Fmt 8010 Sfmt 8010 Y:\SGML\238081.XXX 238081ehiers on DSK5VPTVN1PROD with CFR504 23 CFR Ch. I (4116 Edition) 924.13 130 for highway safety improvement program purposes. In addition, up to 2 percent of the section 130 funds appor-tioned to a State may be used for com-pilation and analysis of safety data for the annual report to the FHWA Divi-sion Administrator required under 924.15(a)(2) on the progress being made to implement the railway-highway grade crossing program. (e) Highway safety improvement projects may also be implemented with other funds apportioned under 23 U.S.C. 104(b) subject to the eligibility require-ments applicable to each program. (f) Award of contracts for highway safety improvement projects shall be in accordance with 23 CFR part 635 and part 636, where applicable, for highway construction projects, 23 CFR part 172 for engineering and design services contracts related to highway construc-tion projects, or 49 CFR part 18 for non- highway construction projects. (g) All safety projects funded under 23 U.S.C. 104(b)(5), including safety projects under any other section, shall be accounted for in the statewide transportation improvement program and reported on annually in accordance with 924.15. (h) The Federal share of the cost for most highway safety improvement projects carried out with funds appor-tioned to a State under 23 U.S.C. 104(b)(5) shall be a maximum of 90 per-cent. In accordance with 23 U.S.C. 120(a) or (b), the Federal share may be increased to a maximum of 95 percent by the sliding scale rates for States with a large percentage of Federal lands. In accordance with 23 U.S.C. 120(c), projects such as roundabouts, traffic control signalization, safety rest areas, pavement markings, or in-stallation of traffic signs, traffic lights, guardrails, impact attenuators, concrete barrier end treatments, breakaway utility poles, or priority control systems for emergency vehicles or transit vehicles at signalized inter-sections may be funded at up to 100 percent Federal share, except not more than 10 percent of the sums appor-tioned under 23 U.S.C. 104 for any fiscal year shall be used at this Federal share rate. In addition, for railway-highway grade crossings, the Federal share may amount up to 100 percent for projects for signing, pavement markings, active warning devices, and crossing closures, subject to the 10 percent limitation for funds apportioned under 23 U.S.C. 104 in a fiscal year. (i) The implementation of the HSIP in each State shall include a process for implementing highway safety im-provement projects in accordance with the procedures set forth in 23 CFR part 630, subpart A (Preconstruction Proce-dures: Project Authorization and Agreements). 924.13 Evaluation. (a) The HSIP evaluation process shall include the evaluation of the overall HSIP and the SHSP. It shall: (1) Include a process to analyze and assess the results achieved by the HSIP in reducing the number of crashes, fa-talities and serious injuries, or poten-tial crashes, and in reaching the per-formance goals identified in 924.9(a)(3)(ii)(G). (2) Include a process to evaluate the overall SHSP on a regular basis as de-termined by the State and in consulta-tion with the FHWA to: (i) Ensure the accuracy and currency of the safety data; (ii) Identify factors that affect the priority of emphasis areas, strategies, and proposed improvements; and (iii) Identify issues that demonstrate a need to revise or otherwise update the SHSP. (b) The information resulting from the process developed in 924.13(a)(1) shall be used: (1) For developing basic source data in the planning process in accordance with 924.9(a)(1); (2) For setting priorities for highway safety improvement projects; (3) For assessing the overall effec-tiveness of the HSIP; and (4) For reporting required by 924.15. (c) The evaluation process may be fi-nanced with funds made available under 23 U.S.C. 104(b)(1), (3), and (5), 105, 402, and 505, and for metropolitan planning areas, 23 U.S.C. 104(f). 924.15 Reporting. (a) For the period of the previous year, each State shall submit to the FHWA Division Administrator no later VerDate Sep2014 08:29 May 20, 2016 Jkt 238081 PO 00000 Frm 00514 Fmt 8010 Sfmt 8010 Y:\SGML\238081.XXX 238081ehiers on DSK5VPTVN1PROD with CFR505 Federal Highway Administration, DOT Pt. 924, Nt. than August 31 of each year the fol-lowing reports related to the HSIP in accordance with 23 U.S.C. 148(g): (1) A report with a defined one year reporting period describing the progress being made to implement the State HSIP that: (i) Describes the progress in imple-menting the projects, including the funds available, and the number and general listing of the types of projects initiated. The general listing of the projects initiated shall be structured to identify how the projects relate to the State SHSP and to the States safety goals and objectives. The report shall also provide a clear description of the project selection process; (ii) Assesses the effectiveness of the improvements. This section shall: Pro-vide a demonstration of the overall ef-fectiveness of the HSIP; include figures showing the general highway safety trends in the State by number and by rate; and describe the extent to which improvements contributed to perform-ance goals, including reducing the number of roadway crashes leading to fatalities and serious injuries. (iii) Describes the High Risk Rural Roads program, providing basic pro-gram implementation information, methods used to identify high risk rural roads, information assessing the High Risk Rural Roads program projects, and a summary of the overall High Risk Rural Roads program effec-tiveness. (2) A report describing progress being made to implement railway-highway grade crossing improvements in ac-cordance with 23 U.S.C. 130(g), and the effectiveness of these improvements. (3) A transparency report describing not less than 5 percent of a States highway locations exhibiting the most severe safety needs that: (i) Identifies potential remedies to those hazardous locations; estimates costs associated with the remedies; and identifies impediments to implementa-tion other than cost associated with those remedies; (ii) Emphasizes fatality and serious injury data; (iii) At a minimum, uses the most re-cent three to five years of crash data; (iv) Identifies the data years used and describes the extent of coverage of all public roads included in the data anal-ysis; (v) Identifies the methodology used to determine how the locations were selected; and (vi) Is compatible with the require-ments of 29 U.S.C. 794(d), Section 508 of the Rehabilitation Act. (b) The preparation of the States an-nual reports may be financed with funds made available through 23 U.S.C. 104(b)(1), (3), and (5), 105, 402, and 505, and for metropolitan planning areas, 23 U.S.C. 104(f). EFFECTIVE DATE NOTE: At 81 FR 13739, Mar. 15, 2016, part 924 was revised, effective Apr. 14, 2016. For the convenience of the user, the revised text is set forth as follows: PART 924HIGHWAY SAFETY IMPROVEMENT PROGRAM Sec. 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. 924.17 MIRE fundamental data elements. AUTHORITY: 23 U.S.C. 104(b)(3), 130, 148, 150, and 315; 49 CFR 1.85. 924.1 Purpose. The purpose of this regulation is to pre-scribe requirements for the development, im-plementation, and evaluation of a highway safety improvement program (HSIP) in each State. 924.3 Definitions. Unless otherwise specified in this part, the definitions in 23 U.S.C. 101(a) are applicable to this part. In addition, the following defini-tions apply: Hazard index formula means any safety or crash prediction formula used for deter-mining the relative risk at railway-highway crossings, taking into consideration weight-ed factors, and severity of crashes. Highway means: (1) A road, street, or parkway and all asso-ciated elements such as a right-of-way, bridge, railway-highway crossing, tunnel, drainage structure, sign, markings, guard-rail, protective structure, etc.; (2) A roadway facility as may be required by the United States Customs and Immigra-tion Services in connection with the oper-ation of an international bridge or tunnel; and VerDate Sep2014 08:29 May 20, 2016 Jkt 238081 PO 00000 Frm 00515 Fmt 8010 Sfmt 8003 Y:\SGML\238081.XXX 238081ehiers on DSK5VPTVN1PROD with CFR506 23 CFR Ch. I (4116 Edition) Pt. 924, Nt. (3) A facility that serves pedestrians and bicyclists pursuant to 23 U.S.C. 148(e)(1)(A). Highway Safety Improvement Program (HSIP) means a State safety program with the pur-pose to reduce fatalities and serious injuries on all public roads through the implementa-tion of the provisions of 23 U.S.C. 130, 148, and 150, including the development of a data- driven Strategic Highway Safety Plan (SHSP), Railway-Highway Crossings Pro-gram, and program of highway safety im-provement projects. Highway safety improvement project means strategies, activities, or projects on a public road that are consistent with a State SHSP and that either correct or improve a haz-ardous road segment, location, or feature, or addresses a highway safety problem. Exam-ples of projects are described in 23 U.S.C. 148(a). MIRE Fundamental data elements mean the minimum subset of the roadway and traffic data elements from the FHWAs Model In-ventory of Roadway Elements (MIRE) that are used to support a States data-driven safety program. Public railway-highway crossing means a railway-highway crossing where the roadway (including associated sidewalks, pathways, and shared use paths) is under the jurisdic-tion of and maintained by a public authority and open to public travel, including non-mo-torized users. All roadway approaches must be under the jurisdiction of a public roadway authority, and no roadway approach may be on private property. Public road means any highway, road, or street under the jurisdiction of and main-tained by a public authority and open to public travel, including non-State-owned public roads and roads on tribal land. Reporting year means a 1-year period de-fined by the State, unless noted otherwise in this section. It may be the Federal fiscal year, State fiscal year, or calendar year. Railway-highway crossing protective devices means those traffic control devices in the Manual on Uniform Traffic Control Devices (MUTCD) specified for use at such crossings; and system components associated with such traffic control devices, such as track circuit improvements and interconnections with highway traffic signals. Road safety audit means a formal safety performance examination of an existing or future road or intersection by an inde-pendent multidisciplinary audit team for im-proving road safety for all users. Safety data includes, but are not limited to, crash, roadway characteristics, and traffic data on all public roads. For railway-high-way crossings, safety data also includes the characteristics of highway and train traffic, licensing, and vehicle data. Safety stakeholder means, but is not limited to: (1) A highway safety representative of the Governor of the State; (2) Regional transportation planning orga-nizations and metropolitan planning organi-zations, if any; (3) Representatives of major modes of transportation; (4) State and local traffic enforcement offi-cials; (5) A highway-rail grade crossing safety representative of the Governor of the State; (6) Representatives conducting a motor carrier safety program under section 31102, 31106, or 31309 of title 49, U.S.C.; (7) Motor vehicle administration agencies; (8) County transportation officials; (9) State representatives of non-motorized users; and (10) Other Federal, State, tribal, and local safety stakeholders. Spot safety improvement means an improve-ment or set of improvements that is imple-mented at a specific location on the basis of location-specific crash experience or other data-driven means. Strategic highway safety plan (SHSP) means a comprehensive, multiyear, data-driven plan developed by a State department of transportation (DOT) in accordance with 23 U.S.C. 148. Systemic safety improvement means a proven safety countermeasure(s) that is widely im-plemented based on high-risk roadway fea-tures that are correlated with particular se-vere crash types. 924.5 Policy. (a) Each State shall develop, implement, and evaluate on an annual basis a HSIP that has the objective to significantly reduce fa-talities and serious injuries resulting from crashes on all public roads. (b) HSIP funds shall be used for highway safety improvement projects that are con-sistent with the States SHSP. HSIP funds should be used to maximize opportunities to advance highway safety improvement projects that have the greatest potential to reduce the States roadway fatalities and se-rious injuries. (c) Safety improvements should also be in-corporated into projects funded by other Federal-aid programs, such as the National Highway Performance Program (NHPP) and the Surface Transportation Program (STP). Safety improvements that are provided as part of a broader Federal-aid project should be funded from the same source as the broad-er project. (d) Eligibility for Federal funding of projects for traffic control devices under this part is subject to a State or local/tribal ju-risdictions substantial conformance with the National MUTCD or FHWA-approved State MUTCDs and supplements in accord-ance with part 655, subpart F, of this chap-ter. VerDate Sep2014 08:29 May 20, 2016 Jkt 238081 PO 00000 Frm 00516 Fmt 8010 Sfmt 8003 Y:\SGML\238081.XXX 238081ehiers on DSK5VPTVN1PROD with CFR507 Federal Highway Administration, DOT Pt. 924, Nt. 924.7 Program structure. (a) The HSIP shall include: (1) A SHSP; (2) A Railway-Highway Crossing Program; and (3) A program of highway safety improve-ment projects. (b) The HSIP shall address all public roads in the State and include separate processes for the planning, implementation, and eval-uation of the HSIP components described in paragraph (a) of this section. These processes shall be developed by the States in coopera-tion with the FHWA Division Administrator in accordance with this section and the re-quirements of 23 U.S.C. 148. Where appro-priate, the processes shall be developed in consultation with other safety stakeholders and officials of the various units of local and Tribal governments. 924.9 Planning. (a) The HSIP planning process shall incor-porate: (1) A process for collecting and maintain-ing safety data on all public roads. Roadway data shall include, at a minimum, the MIRE Fundamental Data Elements as established in 924.17. Railway-highway crossing data shall include all fields from the U.S. DOT National Highway-Rail Crossing Inventory. (2) A process for advancing the States ca-pabilities for safety data collection and anal-ysis by improving the timeliness, accuracy, completeness, uniformity, integration, and accessibility of their safety data on all pub-lic roads. (3) A process for updating the SHSP that identifies and analyzes highway safety prob-lems and opportunities in accordance with 23 U.S.C.148. A SHSP update shall: (i) Be completed no later than 5 years from the date of the previous approved version; (ii) Be developed by the State DOT in con-sultation with safety stakeholders; (iii) Provide a detailed description of the update process. The update process must be approved by the FHWA Division Adminis-trator; (iv) Be approved by the Governor of the State or a responsible State agency official that is delegated by the Governor; (v) Adopt performance-based goals that: (A) Are consistent with safety performance measures established by FHWA in accord-ance with 23 U.S.C. 150; and (B) Are coordinated with other State high-way safety programs; (vi) Analyze and make effective use of safe-ty data to address safety problems and op-portunities on all public roads and for all road users; (vii) Identify key emphasis areas and strat-egies that have the greatest potential to re-duce highway fatalities and serious injuries and focus resources on areas of greatest need; (viii) Address engineering, management, operations, education, enforcement, and emergency services elements of highway safety as key features when determining SHSP strategies; (ix) Consider the results of State, regional, local, and tribal transportation and highway safety planning processes and demonstrate mutual consultation among partners in the development of transportation safety plans; (x) Provide strategic direction for other State and local/tribal transportation plans, such as the HSIP, the Highway Safety Plan, and the Commercial Vehicle Safety Plan; and (xi) Describe the process and potential re-sources for implementing strategies in the emphasis areas. (4) A process for analyzing safety data to: (i) Develop a program of highway safety improvement projects, in accordance with 23 U.S.C. 148(c)(2), to reduce fatalities and seri-ous injuries on all public roads through the implementation of a comprehensive program of systemic and spot safety improvement projects. (ii) Develop a Railway-Highway Crossings program that: (A) Considers the relative risk of public railway-highway crossings based on a hazard index formula; (B) Includes onsite inspection of public railway-highway crossings; and (C) Results in a program of highway safety improvement projects at railway-highway crossings giving special emphasis to the stat-utory requirement that all public crossings be provided with standard signing and mark-ings. (5) A process for conducting engineering studies (such as road safety audits and other safety assessments or reviews) to develop highway safety improvement projects. (6) A process for establishing priorities for implementing highway safety improvement projects that considers: (i) The potential reduction in fatalities and serious injuries; (ii) The cost effectiveness of the projects and the resources available; and (iii) The priorities in the SHSP. (b) The planning process of the HSIP may be financed with funds made available through 23 U.S.C. 104(b)(3) and 505, and, where applicable in metropolitan planning areas, 23 U.S.C. 104(d). The eligible use of the program funding categories listed for HSIP planning efforts is subject to that programs eligibility requirements and cost allocation procedures as per 2 CFR part 200. (c) Highway safety improvement projects, including non-infrastructure safety projects, to be funded under 23 U.S.C. 104(b)(3) shall be carried out as part of the Statewide and Met-ropolitan Transportation Planning Process consistent with the requirements of 23 U.S.C. 134 and 135 and 23 CFR part 450. VerDate Sep2014 08:29 May 20, 2016 Jkt 238081 PO 00000 Frm 00517 Fmt 8010 Sfmt 8003 Y:\SGML\238081.XXX 238081ehiers on DSK5VPTVN1PROD with CFR508 23 CFR Ch. I (4116 Edition) Pt. 924, Nt. 924.11 Implementation. (a) The HSIP shall be implemented in ac-cordance with the requirements of 924.9. (b) States shall incorporate specific quan-tifiable and measurable anticipated improve-ments for the collection of MIRE funda-mental data elements into their Traffic Records Strategic Plan by July 1, 2017. States shall have access to a complete col-lection of the MIRE fundamental data ele-ments on all public roads by September 30, 2026. (c) The SHSP shall include or be accom-panied by actions that address how the SHSP emphasis area strategies will be im-plemented. (d) Funds set-aside for the Railway-High-way Crossings Program under 23 U.S.C. 130 shall be used to implement railway-highway crossing safety projects on any public road. If a State demonstrates that it has met its needs for the installation of railway-highway crossing protective devices to the satisfac-tion of the FHWA Division Administrator, the State may use funds made available under 23 U.S.C. 130 for other types of high-way safety improvement projects pursuant to the special rule in 23 U.S.C. 130(e)(2). (e) Highway safety improvement projects may also be implemented with other funds apportioned under 23 U.S.C. 104(b) subject to the eligibility requirements applicable to each program. (f) Award of contracts for highway safety improvement projects shall be in accordance with 23 CFR parts 635 and 636, where applica-ble, for highway construction projects, 23 CFR part 172 for engineering and design serv-ices contracts related to highway construc-tion projects, or 2 CFR part 200 for non-high-way construction projects. (g) Except as provided in 23 U.S.C. 120 and 130, the Federal share of the cost of a high-way safety improvement project carried out with funds apportioned to a State under 23 U.S.C. 104(b)(3) shall be 90 percent. 924.13 Evaluation. (a) The HSIP evaluation process shall in-clude: (1) A process to analyze and assess the re-sults achieved by the program of highway safety improvement projects in terms of con-tributions to improved safety outcomes and the attainment of safety performance tar-gets established as per 23 U.S.C. 150. (2) An evaluation of the SHSP as part of the regularly recurring update process to: (i) Confirm the validity of the emphasis areas and strategies based on analysis of cur-rent safety data; and (ii) Identify issues related to the SHSPs process, implementation, and progress that should be considered during each subsequent SHSP update. (b) The information resulting from para-graph (a)(1) of this section shall be used: (1) To update safety data used in the plan-ning process in accordance with 924.9; (2) For setting priorities for highway safe-ty improvement projects; (3) For assessing the overall effectiveness of the HSIP; and (4) For reporting required by 924.15. (c) The evaluation process may be financed with funds made available under 23 U.S.C. 104(b)(3) and 505, and, for metropolitan plan-ning areas, 23 U.S.C. 104(d). The eligible use of the program funding categories listed for HSIP evaluation efforts is subject to that programs eligibility requirements and cost allocation procedures as per 2 CFR part 200. 924.15 Reporting. (a) For the period of the previous reporting year, each State shall submit, via FHWAs HSIP online reporting tool, to the FHWA Di-vision Administrator no later than August 31 of each year, the following reports related to the HSIP in accordance with 23 U.S.C. 148(h) and 130(g): (1) A report describing the progress being made to implement the HSIP that: (i) Describes the structure of the HSIP. This section shall: (A) Describe how HSIP funds are adminis-tered in the State; and (B) Provide a summary of the methodology used to develop the programs and projects being implemented under the HSIP on all public roads. (ii) Describes the progress in implementing highway safety improvement projects. This section shall: (A) Compare the funds programmed in the STIP for highway safety improvement projects and those obligated during the re-porting year; and (B) Provide a list of highway safety im-provement projects that were obligated dur-ing the reporting year, including non-infra-structure projects. Each project listed shall identify how it relates to the State SHSP. (iii) Describes the progress in achieving safety outcomes and performance targets. This section shall: (A) Provide an overview of general high-way safety trends. General highway safety trends shall be presented by number and rate of fatalities and serious injuries on all public roads by calendar year, and to the maximum extent practicable, shall also be presented by functional classification and roadway owner-ship. General highway safety trends shall also be presented for the total number of fa-talities and serious injuries for non-motor-ized users; (B) Document the safety performance tar-gets established in accordance with 23 U.S.C. 150 for the following calendar year. Docu-mentation shall also include a discussion of the basis for each established target, and how the established target supports SHSP goals. In future years, documentation shall VerDate Sep2014 08:29 May 20, 2016 Jkt 238081 PO 00000 Frm 00518 Fmt 8010 Sfmt 8003 Y:\SGML\238081.XXX 238081ehiers on DSK5VPTVN1PROD with CFR509 Federal Highway Administration, DOT Pt. 924, Nt. also include a discussion of any reasons for differences in the actual outcomes and tar-gets; and (C) Present information related to the ap-plicability of the special rules defined in 23 U.S.C. 148(g). (iv) Assesses the effectiveness of the im-provements. This section shall describe the effectiveness of groupings or similar types of highway safety improvement projects pre-viously implemented under the HSIP. (v) Is compatible with the requirements of 29 U.S.C. 794(d), Section 508 of the Rehabili-tation Act. (2) A report describing progress being made to implement railway-highway crossing im-provements in accordance with 23 U.S.C. 130(g) and the effectiveness of these improve-ments. (b) The preparation of the States annual reports may be financed with funds made available through 23 U.S.C. 104(b)(3). 924.17 MIRE fundamental data elements. The MIRE fundamental data elements shall be collected on all public roads, as list-ed in Tables 1, 2, and 3 of this section. For the purpose of MIRE fundamental data ele-ments applicability, the term open to public travel is consistent with 23 CFR 460.2(c). TABLE 1MIRE FUNDAMENTAL DATA ELEMENTS FOR NON-LOCAL (BASED ON FUNCTIONAL CLASSIFICATION) PAVED ROADS MIRE name (MIRE No.) 1 Roadway segment Intersection Segment Identifier (12) ................................................................ Unique Junction Identifier (120). Route Number (8) 2 ..................................................................... Location Identifier for Road 1 Crossing Point (122). Route/street Name (9) 2 ............................................................... Location Identifier for Road 2 Crossing Point (123). Federal Aid/Route Type (21) 2 ..................................................... Intersection/Junction Geometry (126). Rural/Urban Designation (20) 2 ................................................... Intersection/Junction Traffic Control (131). Surface Type (23) 2 ..................................................................... AADT (79) [for Each Intersecting Road]. Begin Point Segment Descriptor (10) 2 ....................................... AADT Year (80) [for Each Intersecting Road]. End Point Segment Descriptor (11) 2 Segment Length (13) 2 Direction of Inventory (18) ........................................................... Unique Approach Identifier (139). Functional Class (19) 2 Median Type (54) Access Control (22) 2 One/Two-Way Operations (91) 2 ................................................. Interchange/Ramp. Number of Through Lanes (31) 2 ................................................ Unique Interchange Identifier (178). Average Annual Daily Traffic (79) 2 ............................................. Location Identifier for Roadway at Beginning Ramp Terminal (197). AADT Year (80) 2 ......................................................................... Location Identifier for Roadway at Ending Ramp Terminal (201). Type of Governmental Ownership (4) 2 ....................................... Ramp Length (187). Roadway Type at Beginning Ramp Terminal (195). Roadway Type at Ending Ramp Terminal (199). Interchange Type (182). Ramp AADT (191).2 Year of Ramp AADT (192).2 Functional Class (19).2 Type of Governmental Ownership (4).2 1 Model Inventory of Roadway ElementsMIRE, Version 1.0, Report No. FHWASA10018, October 2010, http://safe-ty.fhwa.dot.gov/tools/dataltools/mirereport/mirereport.pdf. 2 Highway Performance Monitoring System full extent elements are required on all Federal-aid highways and ramps located within grade-separated interchanges, i.e., National Highway System (NHS) and all functional systems excluding rural minor col-lectors and locals. TABLE 2MIRE FUNDAMENTAL DATA ELEMENTS FOR LOCAL (BASED ON FUNCTIONAL CLASSI-FICATION) PAVED ROADS MIRE name (MIRE No.) 1 Roadway segment: Segment Identifier (12). Functional Class (19).2 Surface Type (23).2 Type of Governmental Ownership (4).2 Number of Through Lanes (31).2 Average Annual Daily Traffic (79).2 Begin Point Segment Descriptor (10).2 End Point Segment Descriptor (11).2 TABLE 2MIRE FUNDAMENTAL DATA ELEMENTS FOR LOCAL (BASED ON FUNCTIONAL CLASSI-FICATION) PAVED ROADSContinued MIRE name (MIRE No.) 1 Rural/Urban Designation (20).2 1 Model Inventory of Roadway ElementsMIRE, Version 1.0, Report No. FHWA-SA-10-018, October 2010, http://safe-ty.fhwa.dot.gov/tools/dataltools/mirereport/mirereport.pdf. 2 Highway Performance Monitoring System full extent ele-ments are required on all Federal-aid highways and ramps lo-cated within grade-separated interchanges, i.e., National High-way System (NHS) and all functional systems excluding rural minor collectors and locals. VerDate Sep2014 08:29 May 20, 2016 Jkt 238081 PO 00000 Frm 00519 Fmt 8010 Sfmt 8003 Y:\SGML\238081.XXX 238081ehiers on DSK5VPTVN1PROD with CFR510 23 CFR Ch. I (4116 Edition) Pt. 924, Nt. TABLE 3MIRE FUNDAMENTAL DATA ELEMENTS FOR UNPAVED ROADS MIRE name (MIRE No.) 1 Roadway segment: Segment Identifier (12). Functional Class (19).2 Type of Governmental Ownership (4).2 Begin Point Segment Descriptor (10).2 TABLE 3MIRE FUNDAMENTAL DATA ELEMENTS FOR UNPAVED ROADSContinued MIRE name (MIRE No.) 1 End Point Segment Descriptor (11).2 1 Model Inventory of Roadway ElementsMIRE, Version 1.0, Report No. FHWASA10018, October 2010, http://safe-ty.fhwa.dot.gov/tools/dataltools/mirereport/mirereport.pdf. 2 Highway Performance Monitoring System full extent ele-ments are required on all Federal-aid highways and ramps lo-cated within grade-separated interchanges, i.e., National High-way System (NHS) and all functional systems excluding rural minor collectors and locals. VerDate Sep2014 08:29 May 20, 2016 Jkt 238081 PO 00000 Frm 00520 Fmt 8010 Sfmt 8003 Y:\SGML\238081.XXX 238081ehiers on DSK5VPTVN1PROD with CFRSuperintendent of Documents2016-07-08T04:34:18-0400US GPO, Washington, DC 20401Superintendent of DocumentsGPO attests that this document has not been altered since it was disseminated by GPO

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