Superseded by Preventive Maintenance Eligibility, October 8, 2004

Regional Administrators
Federal Lands Highway Program Administration

The Transportation Equity Act for the 21st Century, Section 1306(b), provides that safety considerations for a project may be met by phase construction consistent with the operative safety management system established in accordance with 23 U.S.C. 303 or in accordance with a statewide transportation improvement program. This is an expansion of the previous phase construction provisions as detailed in paragraph 4 of our December 10, 1993, memorandum (Subject: Design Standards Under 1991 ISTEA) and reissued in our July 30, 1996, memorandum (Subject: Design Standards Under 1991 ISTEA and the National Highway System Designation Act of 1995). The previous provisions applied only to 3R projects and were only allowed if safety considerations could be met by consistency with an operative safety management system.

The new phase construction provisions apply to all projects and allow safety considerations to be met by consistency with either an operative safety management system or a statewide transportation improvement program. Under the latter option, we would expect the statewide transportation improvement program to contain a specific safety improvement project which encompasses or coincides with the project for which safety considerations are being phased.

If there are any questions, please contact Seppo Sillan (202) 366-1327.