Action: 23 U.S.C. 148(g) Highway Safety Improvement Program Special Rules Guidance

Walker, Cheryl J. · 2022 · ROSA P / United States. Department of Transportation. Federal Highway Policy & Guidance Center

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Summary

This document is a Federal Highway Administration (FHWA) memorandum issued in February 2022, providing implementation guidance for the Highway Safety Improvement Program (HSIP) Special Rules under 23 U.S.C. 148(g). The guidance was motivated by the Infrastructure Investment and Jobs Act (IIJA), which established a new Special Rule for Vulnerable Road User (VRU) safety while continuing existing rules for High-Risk Rural Roads (HRRR) and Older Drivers and Pedestrians. The memorandum clarifies statutory definitions, FHWA determination methodologies, and state implementation requirements for these three rules, replacing previous guidance issued between 2012 and 2016. The HRRR Special Rule applies if a state’s rural road fatality rate increases over the most recent two-year period. FHWA determines applicability by comparing 5-year rolling averages of fatality rates per 100 million vehicle miles traveled, using data from the Fatality Analysis Reporting System (FARS) and Highway Performance Monitoring System (HPMS). If the rounded difference between averages is 0.01 or greater, the rule triggers. States must then obligate at least 200 percent of their FY 2009 HRRR set-aside funds in the subsequent fiscal year. The Older Drivers and Pedestrians Special Rule applies if the per capita rate of fatalities and serious injuries for individuals aged 65 and older increases. FHWA calculates this by combining FARS fatality data and state-reported serious injuries, dividing by the population aged 65+, and comparing 5-year averages. If triggered, states must incorporate specific safety strategies into their Strategic Highway Safety Plans, referencing the FHWA’s 2014 handbook for aging populations. The new VRU Safety Special Rule applies if non-motorist fatalities constitute at least 15 percent of total state crash fatalities in a single year. FHWA uses annual FARS data to calculate this percentage, rounding to the nearest whole integer. If the threshold is met, states must obligate at least 15 percent of their HSIP apportionment for the following fiscal year toward projects addressing VRU safety. For all three rules, FHWA notifies states by March of the applicable fiscal year. Funds are set aside with a one-year obligation limitation; unused limitations must be returned for August Redistribution. States must report compliance in their annual HSIP reports and re-obligate any de-obligated funds within the same fiscal year. This guidance standardizes the application of safety-focused funding mandates across states, ensuring that resources are directed toward areas with worsening safety trends. By defining precise calculation methods and obligation timelines, the document aims to improve transparency and accountability in HSIP implementation. The inclusion of the VRU rule reflects a broader policy shift toward protecting non-motorists, while the continued emphasis on rural roads and older populations addresses persistent high-risk demographics. The memorandum serves as a critical operational framework for states to align their safety investments with federal statutory requirements under the Bipartisan Infrastructure Law.

Key finding

The document establishes specific federal guidance for states to implement HSIP special rules regarding high-risk rural roads, older drivers and pedestrians, and vulnerable road users based on defined safety performance metrics.

Methodology

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