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This memo is replaced by the June 10, 2008 memo "Eligibility of Replacement Parts for Safety-related Hardware"

MEMORANDUM
Subject: INFORMATION: Eligibility of Replacement Parts for Safety-related Hardware Date: March 18, 2008
From: /s/ Original signed by:
Dwight A. Horne
Director of Program Administration
Refer To: HIPA-30
To: Division Administrators

From mid-1976 through early 1991, the Office of Engineering and Traffic Operations issued a series of memorandums and notices on the eligibility of purchasing critical replacement parts for safety-related hardware, either as part of an on-going related Federal-aid highway construction project, or through a safety project established to replace and upgrade highway hardware. While the basic concept expressed in those memorandums and notices is still valid, several specifics have been superseded by legislation and agency policy. Therefore, in coordination with the Offices of Asset Management, Bridge Technology, Operations, and Safety, we are now issuing this memorandum as an update to agency policy.

The prompt replacement and, if needed, upgrade of highway safety appurtenances remains a priority for FHWA, especially for situations where appurtenances have been damaged through highway crashes. Therefore, agency policy is that the construction, upgrading and replacement of highway safety-related appurtenances are eligible for Federal-aid participation in one of three ways:

  1. Through the use of regular Federal-aid highway construction and safety funds for the in-kind replacement of crash-damaged safety appurtenances where the existing safety appurtenances already meet acceptable safety standards. This method includes the purchase of a minimal number of essential replacement parts during the highway construction or safety project which built or upgraded the safety appurtenances.
  2. Through the use of regular Federal-aid highway construction and safety funds for upgrading damaged safety appurtenances in locations where the existing safety appurtenances do not meet the current safety standards. However, should the State DOT collect the cost of replacement for the damaged appurtenances at a specific location from the responsible party, Federal-aid participation is limited to the betterment cost for upgrading the appurtenances.
  3. Through an established statewide program of safety-related upgrades that may be funded by some combination of State funds, Federal-aid highway construction and/or safety funds in response to a change in safety standards.

Methods 2 and 3 may be accomplished through the use of either a contract or a public agency force account. If the State DOT believes that the public interest is best served by use of a specific proprietary product, a public interest finding may be needed in order to meet the requirements of 23 CFR 635.411 - Material or product selection. Similarly, if the State DOT believes that the public interest may best be served through State purchase of any required components, a public interest finding may be needed to meet the requirements of 23 CFR 635.407 - Use of materials made by a public agency.

Due to the agency's recognition that safety of the traveling public may be enhanced through the use of Intelligent Transportation Systems (ITS), the concept of "safety-related" appurtenances needs to take on a broader definition. For situations where a State DOT can demonstrate clearly the safety benefits of a crash-damaged ITS installation, the replacement and upgrade of system components would be eligible for Federal-aid participation under this policy, provided that an appropriate Federal-aid funding category is used. Additional information about the eligibility of operations and associated costs for ITS facilities is available in the memorandum, "Guidance on Federal-aid Eligibility of Operating Costs for Transportation Management Systems" issued on January 3, 2000.

The memorandums that are specifically superseded by this memorandum are, "Replacement Breakaway Hardware for Luminaire Supports," dated February 4, 1991; "Federal-Aid Participation in Construction, Upgrading, and Replacement of Highway Safety Appurtenances," issued April 23, 1982; "Federal-Aid Participation in Replacement of Highway Safety Appurtenances," issued November 3, 1980; "Funding Replacement of Safety Related Hardware," issued December 28, 1978; and "Funding of Replacement Parts for Crash Cushions," issued July 23, 1976. Notice 7560.6 - "Federal-aid Participation in Replacement of Highway Safety Appurtenances," issued January 9, 1979, formally expired on December 1, 1979.

Questions about this policy should be referred to Vincent Barone at 202-366-4652.

cc:
Associate Administrators
Chief Counsel
Chief Financial Officer
Director of Field Services
Resource Center Manager

Contact

Peter Kleskovic
Office of Program Administration
202-366-1564
E-mail Peter

 
 
Updated: 04/07/2011
 

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United States Department of Transportation - Federal Highway Administration