1. PURPOSE

The purpose of this Memorandum of Understanding between the Forest Service (hereinafter referred to as FS) and the Federal Highway Administration (hereinafter referred to as FHWA) is to prescribe the elements of the Highway Safety Program Standards applicable to the FS and the implementation responsibilities and requirements of the FS.

2. BACKGROUND

23 CFR 1230.3 provides as follows:

Pursuant to 23 U.S.C. 402, the highway safety program standards set forth in this chapter are applicable to Federal departments and agencies that control highways open to public travel within federally administered areas or supervise traffic operations on such highways, to the extent that they engage in activities covered by the highway safety program standards set out in this chapter.

Under 23 CFR 1230.4, the FS is required to review its activities, in cooperation with FHWA and NHTSA, to determine which are covered by the highway safety program standards.

3. APPLICABILITY

(a) It is understood and agreed by and between the FS and the FHWA that, except as provided in subparagraph (b) of this paragraph, all of the requirements of highway safety program standards 9, 12, 13, and 14, administered by the FHWA, are applicable to all FS roads open to public travel.

(b) It is understood and agreed by and between the FS and the FHWA that the following elements of the standards administered by the FHWA are not relevant to the activities of the FS and, therefore, are not applicable to the FS:

Standard	Paragraph	Subject
12	1B	Safe traffic environment for pedestrians in residential areas
12	IC	Roadway lighting
12	ID	Standards for pavement design with high skid resistance qualities
12	IE	Resurfacing of roads with low skid resistance
12	IJ5	Design features which project people at playgrounds, schoolyards, and commercial areas
12	IK1	Signs at freeway interchanges
12	IK3	Freeway access and egress for emergency areas
14	IIB	Land use planning in new and redevelopment areas
14	IID	Environmental illumination
14	V	Program for protection of children walking to and from school, entering and leaving school buses, and in neighboorhood play




4. REQUIREMENTS

(a) Under 23 CFR 1230.4, the FS will

(1) Review the current status of its activities with regard to the relevant requirements of the standards.

(2) Develop, submit to FHWA and NHTSA, implement, and periodically update a multiyear Comprehensive Plan for highway safety in accordance with the highway safety program standards.

(3) Submit annually to the Secretary of Transportation a comprehensive report on the administration of its highway safety program in accordance with 23 CFR 1230.4(b).

(b) In addition to the requirements of subparagraph (a) of this paragraph, the FS will submit the following to FHWA for review and approval:

(1) Highway safety design standards applicable to all FS roads open to public travel and relating to the safety features specified in paragraph IA of highway safety program standard 12.

(2) Clear roadside criteria for FS roads.

(3) Criteria for the use of guardrails on FS roads.

(4) Bridge railing criteria for FS roads.

(c) The FS will establish a close working relationship with State, county, and community traffic engineering offices which are involved with highways within or bordering the National Forests.

5. EXECUTION AND EFFECTIVE DATE

This Memorandum of Understanding is executed on behalf of the FS by the Chief of the Forest Service, and on behalf of the Federal Highway Administration by the Federal Highway Administrator, and it is effective immediately.

Date:

Date: 30 Sept. 1975	Date: 14 Oct. 1975
Original signed by: Chief, Forest Service	Original signed by: Administrator, Federal Highway Administration

 

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2.   BACKGROUND

Add the following between the first and last paragraph:

"Open to public travel" means that the road section is available, except during scheduled periods, extreme weather, or emergency conditions, passable by four-wheel standard passenger cars, and open to the general public for use without restrictive gates, prohibitive signs, or regulation other than restrictions based on size, weight, or class of registration.

Date: NOV 16 1982	Date: (None)
Original signed by:	Original signed by:
Chief, Forest Service	Administrator, Federal Highway Administration






WO AMENDMENT 1500-92-1 1535-1535-12
EFFECTIVE 5/7/92 Page 6 of 25

AMENDMENT No. 2 Amends 10-15-75 Safety Agreement

MEMORANDUM OF UNDERSTANDING
BETWEEN THE
FOREST SERVICE
AND THE
FEDERAL HIGHWAY ADMINISTRATION

1. PURPOSE. Add the following after the first paragraph:

This Memorandum of Understanding between the Forest Service and the Federal Highway Administration (FHWA) includes the requirements of the Title 23, United States Code, section 151 (23 U.S.C. 151), which define the National Bridge Inspection Standards (hereinafter referred to as NBIS), prescribed in Title 23, Code of Federal Regulations, Part 650, Subpart C, sections 650.301 through 650.311 (23 CFR Part 650, Subpart C, 650.301-650.311) that are applicable to the Forest Service and the implementation responsibilities and requirements assigned to the Forest Service.

2. BACKGROUND. Add the following after the last paragraph:

The Forest Service and the FHWA agree that while forest development roads are not public roads per se, many are "open to public travel" as that phrase is generally understood. The Forest Service agrees to identify those bridges on forest development roads that are "open to public travel" as those bridges subject to the NBIS. The Forest Service will report the prescribed inventory data for these bridges to the States.

For Forest Service bridge inspection purposes, bridges on forest development roads "open to public travel" are those with a maintenance level of 3, 4, or 5; or a traffic service level of A, B, or C.

3. APPLICABILITY. Add the following after paragraph (b):
   
   
(c) It is also understood and agreed by and between the Forest Service and the FHWA that, except as provided in subparagraph 3(d) of this amendment, all bridges on Forest Service roads that are "open to public travel" are subject to the requirements of the NBIS; and the Forest Service will manage bridge inspection programs subject to the NBIS in accordance with said requirements.


(d) Under 23 CFR 650.305(c), proposals to increase interval between inspections, the Forest Service will:
(1) Use the criteria prescribed in the FHWA Technical Advisory T 5140.21, paragraph 5, dated September 16, 1988, to evaluate proposals for increasing inspection intervals.


(2) Be exempt from submitting proposals to the FHWA through the State(s) for increasing inspection intervals. See paragraph 5a(6) of the FHWA Technical Advisory regarding submittals by federal agencies for increasing inspection intervals. When the Forest Service proposes to inspect some bridges subject to the NBIS less frequently than the specified 2-year interval (up to 4 years maximum), the Forest Service Region or Forest must submit a detailed proposal with supporting data justifying the proposed increase in the inspection interval for each bridge directly to the Forest Service, Washington Office, Director of Engineering. The Forest Service, Washington Office, Director of Engineering will submit such proposals to the FHWA Administrator for review and comment.


(3) The Forest Service, Washington Office, Director of Engineering will approve or disapprove each proposal.


4. REQUIREMENTS. Add the following after paragraph (c):

(d) Under 23 U.S.C. 151, 23 CFR 650.301. et seq. and this amendment the Forest Service agrees to:

(1) Establish a bridge inspection program capability for performing inspections, preparing reports, and determining ratings in accordance with the NBIS and the "Manual for Maintenance Inspection of Bridges" (AASHTO Manual), published by the American Association of State Highway and Transportation Officials.


(2) Rate for each bridge the safe load carrying capacity at the inventory and Operating Rating levels. Post bridges with capacities less than the maximum legal load(s) under State law.


(3) Prepare and maintain inspection records and bridge inventories.


(4) Maintain master lists of bridges with fracture critical details, bridges needing underwater inspections, and bridges with other features needing special inspections. Master lists will contain critical feature location(s) and description, and inspection frequency and procedures.


(5) Inspect bridges on a 2-year interval except as provided in paragraph 3(d).


(6) Use qualified personnel to manage bridge inspection programs and lead field inspection teams.



(7) Record bridge inspection data as prescribed in the "Recording and Coding Guide for the Structure Inventory and Appraisal of the Nation's Bridges"(FHWA Coding Guide), current edition; and section 3 of the AASHTO Manual.

(8) Annually submit FHWA Coding Guide data to the State Bridge Engineer for inclusion in the State's inventory for the National Bridge Inventory. The Forest Service data submittal to the State shall be limited to the data set forth in the FHWA Coding Guide. (See FHWA Coding Guide, Appendix A, for an example of the data summary.)

(e) The Forest Service will establish a close working relationship with the State bridge engineering unit responsible for collection of the Forest Service National Bridge Inventory data.

5. EXECUTION AND EFFECTIVE DATE. Add the following paragraphs:

This second amendment to the Memorandum of Understanding will become effective on the date of the last signature; and provisions of the NBIS standards to Forest Service bridge inspection programs will be implemented March 1, 1992. The Forest Service will commence reporting NBIS inventory data to the State Bridge Engineers for approximately 50 percent of Forest Service bridges subject to the NBIS in March 1993 and the remainder in March 1994.

Either party to this Memorandum of Understanding including subsequent amendments, may terminate participation upon written notice to the other party one hundred and twenty (120) days in advance of the effective date of termination. This Memorandum of Understanding and amendments, may be revised or amended at any time by mutual consent of both parties and shall be reviewed every five (5) years by both parties.

Date: Nov 16, 1982	Date: (None)
Original signed by: Chief, Forest Service	Original signed by: Administrator, Federal Highway Administration