Sec.

PART 924—HIGHWAY SAFETY IMPROVEMENT PROGRAM

(a) The term highway, as used in this regulation, includes in addition to those items listed in 23 U.S.C. 101(a), those facilities specifically provided for the accommodation and protection of pedestrians and bicyclists.

(b) The term State, as used in this regulation, means any one of the 50 States, the District of Columbia, Puerto Rico, the Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands except that, for the purpose of implementing section 203 of the Highway Safety Act of 1973, as amended, State means any one of the 50 States, the District of Columbia, and Puerto Rico.

§ 924.5 Policy.

Each State shall develop and implement, on a continuing basis, a highway safety improvement program which has the overall objective of reducing the number and severity of accidents and decreasing the potential for accidents on all highways.

§ 924.7 Program structure.

The highway safety improvement program in each State shall consist of

components for planning, implementation, and evaluation of safety programs and projects. These components shall be comprised of processes developed by the States and approved by the Federal Highway Administration (FHWA). Where appropriate, the processes shall be developed cooperatively with officials of the various units of local governments. The processes may incorporate a range of alternate procedures appropriate for the administration of an effective highway safety improvement program on individual highway systems, portions of highway systems and in local political subdivisions, but combined shall cover all public roads in the State.

[48 FR 44066, Sept. 26, 1983]

§ 924.9 Planning.

(a) The planning component of the highway safety improvement program shall incorporate:

(1) A process for collecting and maintaining a record of accident, traffic, and highway data, including, for railroad-highway grade crossings, the characteristics of both highway and train traffic;

(2) A process for analyzing available data to identify highway locations, sections and elements determined to be hazardous on the basis of accident experience or accident potential;

(3) A process for conducting engineering studies of hazardous locations, sections, and elements to develop highway safety improvement projects as defined in 23 U.S.C. 101(a); and

(4) A process for establishing priorities for implementing highway safety improvement, projects, considering:

(i) The potential reduction in the number and/or severity of accidents. (ii) The cost of the projects and the resources available,

(iii) The relative hazard of public railroad-highway grade crossings based on a hazard index formula,

(iv) Onsite inspection of public grade crossings,

(v) 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 trains and/or motor vehicles carrying hazardous materials, and

(vi) Other criteria as appropriate in each State.

(b) In planning a program of safety improvement projects at railroad-highway grade crossings, special emphasis shall be given to the legislative requirement that all public crossings be provided with standard signing.

(c) The planning component of the highway safety improvement program may be financed with funds made available through 23 U.S.C. 402, 307(c), and, where applicable, 104(f). $924.11 Implementation.

(a) The implementation component of the highway safety improvement program in each State shall include a process for scheduling and implementing safety improvement projects in accordance with (1) the procedures set forth in 23 CFR part 630, subpart A (Federal-Aid Program Approval and Project Authorization) and (2) the priorities developed in accordance with $924.9. The States are encouraged to utilize the timesaving procedures incorporated in FHWA directives for the minor type of work normal to highway safety improvement projects.

(b) Funds apportioned under 23 U.S.C. 152, Hazard Elimination Program, are to be used to implement highway safety improvement projects on any public road other than Interstate.

(c) Funds apportioned under section 203(b) of the Highway Safety Act of 1973, as amended, Rail-Highway Crossings, are to be used to implement railroad-highway grade crossing safety projects on any public road. At least 50 percent of the funds apportioned under section 203(b) must be made available for the installation of grade crossing protective devices. The railroad share, if any, of the cost of grade crossing improvements shall be determined in accordance with 23 CFR part 646, subpart B (Railroad-Highway Projects).

(d) Highway safety improvement projects may be implemented on the Federal-aid system with funds apportioned under 23 U.S.C. 104(b), and with funds apportioned under section 104(b)(1) of the Federal-Aid Highway

Act of 1978 and section 103(a) of the Highway Improvement Act of 1982, if excess to Interstate System needs.

(e) Funds apportioned under 23 U.S.C. 219, Safer Off-System Roads, may be used to implement highway safety improvement projects on public roads which are not on a Federal-aid system. (f) Major safety defects on bridges, including related approach improvements, may be corrected as part of a bridge rehabilitation project on any public road with funds apportioned under 23 U.S.C. 144, if such project is considered eligible under 23 CFR part 650, subpart D (Special Bridge Replacement Program).

(g) Award of contracts for highway safety improvement programs shall be in accordance with 23 CFR part 635. [48 FR 44066, Sept. 26, 1983]

§ 924.13 Evaluation.

(a) The evaluation component of the highway safety improvement progam in each State shall include a process for determining the effect that highway safety improvement projects have in reducing the number and severity of accidents and potential accidents, including:

(1) The cost of, and the safety benefits derived from the various means and methods used to mitigate or eliminate hazards,

(2) A record of accident experience before and after the implementation of a highway safety improvement, project, and

(3) A comparison of accident numbers, rates, and severity observed after the implementation of a highway safety improvement project with the accident numbers, rates, and severity expected if the improvement had not been made.

(b) The findings resulting from the evaluation process shall be incorporated as basic source data in the planning process outlined in §924.9(a).

(c) The evaluation component may be financed with funds made available through 23 U.S.C. 402, 307(c), and, where applicable, 104(f). In addition, when highway safety improvement projects are undertaken with funds apportioned under 23 U.S.C. 152 or section 203 of the

Highway Safety Act of 1973, as amended, these funds may also be used to evaluate the improvements.

$924.15 Reporting.

(a) Each State shall submit to the FHWA Division Administrator no later than August 31 of each year a report (OMB Number 04-R2450) covering the State's highway safety improvement program during the previous July 1 through June 30 period. In its annual

report, the State shall report on the progress made in implementing the hazard elimination program and the grade crossing improvement program, and shall evaluate the effectiveness of completed highway safety improvement projects in these programs.

(b) The preparation of the State's annual report may be financed with funds made available through 23 U.S.C. 402, 307(c), and, where applicable, 104(f).

beginning with Highway Safety P for Fiscal Year 1994.

§ 1200.3 Definitions.

As used in this subchapterAnnual evaluation report means report submitted each year by State which describes the accomp ments of its highway safety prog for the preceding fiscal year.

Approving official means a Regi Administrator of the National High Traffic Safety Administration for sues concerning NHTSA funds or gram areas and a Division Admi trator of the Federal Highway Adr istration for issues concerning FH funds or program areas.

Carry-forward funds means th funds which a State has obligated not expended in the fiscal year which they were apportioned, that being reprogrammed.

Contract authority means the sta tory language which authorizes agencies to enter into an obligat without the need for a prior approp tion or further action from Congr When exercised, contract author creates a binding obligation on United States for which Congress m make subsequent appropriations order to liquidate the obligations curred pursuant to this authority.

Contractor means the recipient of contract or subcontract under t HSP.

FHWA means the Federal Highw Administration.

Fiscal year means the Federal fisc year, consisting of twelve months b ginning each October 1 and ending t following September 30.

Governor means the Governor of ar of the fifty States, Puerto Rico, t Virgin Islands, Guam, America Samoa, or the Commonwealth of th Northern Mariana Islands, the May of the District of Columbia, or, for th application of this part to Indians a provided in 23 U.S.C. 402(i), the Se retary of the Interior.

Governor's Representative means th Governor's Representative for Highwa