|FHWA > Federal-aid Program Administration > Eligibility of Replacement Parts for Safety-related Hardware|
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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 While the basic concepts expressed in those memorandums and notices are still valid, several specifics have been superseded by legislation and agency policy.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, the construction, upgrading and replacement of highway safety-related appurtenances are eligible for Federal-aid participation in one of three ways:
Methods 2 and 3 may be accomplished through the use of either a contract or a public agency force account. Use of force account would require a finding that it is cost-effective in accordance with 23 CFR 635 Subpart B. A public interest finding will be needed if a specific proprietary product is used, (23 CFR 635.411 - Material or product selection), or if State purchase of any required components is utilized (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 repairing a crash-damaged ITS installation, the replacement and upgrade of system components would be eligible for Federal-aid participation under an appropriate Federal-aid funding category. 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The memorandums that are specifically superseded by this memorandum are:
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.
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