USA Banner
  U.S. flag
              An official website of the United States government Here's how you knowOfficial US Government Icon
              **Official websites use .gov**A **.gov** website belongs to an official government organization in the United States.
            Secure Site Icon
              **Secure .gov websites use HTTPS**
                  A **lock** ( A locked padlock ) or **https://** means you’ve safely connected to the .gov website. Share sensitive information only on official, secure websites. 
 U.S. Department of Transportation Icon United States Department of Transportation
 Search DOT
            Search
                    About FHWAFHWA Organization
                Headquarters Offices
                Field Offices
                Strategic Plan
                Business Opportunities
                Staff Directories
                Careers
                Highway History
                Contact UsProgramsAcquisition Management
                Civil Rights
                Federal Lands Highway
                Infrastructure
                Innovative Program Delivery
                Operations
                Planning, Environment, and Realty
                Policy
                Research, Development, and Technology
                Safety
                Browse by TopicsResourcesCore Highway Topics
                Federal Aid Essentials
                Automation
                Complete Streets
                Laws and Regulations
                Policy & Guidance Center
                Section 508
                Publications and Statistics
                Professional Development
                National Highway Institute
                Resource Center
                Accessibility Resource Library
                FHWA Research LibraryNewsroomPress Releases
                Speeches & Testimony
                Photos
                Videos
                Media ContactsMenu FHWA Highway Safety Programs Home
                        Safety
                        Roadway Departure Safety
                        Reduce Crash Severity


            
            In This Section
        Roadway Departure Safety
                Strategic Approach
                                Strategic Plan
                Crash Emphasis Brochures
                Focused Approach
                Noteworthy Practices
                Partner Resources
                Keep Vehicles on the Road
                                Pavement Friction
                Horizontal Curve Safety
                Rumble Strips and Rumble Stripes
                Nighttime Visibility
                Provide for a Safe Recovery
                                SafetyEdge
                Clear Zones
                Reduce Crash Severity
                                Overview
                Hardware Eligibility Letters
                Focus on Reducing Rural Roadway Departures (FoRRRwD)
                                Overview
                All Public Roads
                Proven Countermeasures
                Systemic Approach
                Safety Action Plans
                FoRRRwD Resources
                
                Open Letter: Updates to Federal-Aid Reimbursement Eligibility Process
openletter111215.pdf (244.05 KB)
    
    
          November 12, 2015

An open letter to all in the highway safety hardware and roadside design community:

The Federal Highway Administration (FHWA) has updated the Federal-aid reimbursement eligibility process for safety hardware devices. The revisions include those items listed in Tony Furst's May 18, 2015 letter as well as additional improvements. This letter serves to notify you that these changes take effect immediately. These improvements will enhance the quality of the information available to FHWA when we are evaluating a request for eligibility, increase our transparency, and move the Nation closer to the next generation of life-saving roadside hardware.

The description of the process, which can be found on our website, has been streamlined and restructured to better reflect the steps for requesting a federal-aid reimbursement eligibility letter. Some highlights of the changes include:

**MASH testing requirements**. As noted in our Federal Register Notice, after December 31, 2015, FHWA will not accept requests for Federal-aid eligibility determinations for any modifications based on previous crash testing performed using NCHRP Report 350 criteria. Changes to any existing NCHRP 350 tested device will require testing using MASH criteria to receive a Federal-aid reimbursement eligibility letter.

**Notification of modifications**. Manufacturers must notify FHWA and request continued eligibility for Federal-aid reimbursement if any change is made to hardware with an existing Federal-aid eligibility letter. The process explains the documentation required for significant and non-significant changes.

**Additional submittal information**. FHWA is requiring additional information with requests for eligibility, to improve transparency. For all future requests, the submitter must include disclosure of financial interests in the device, or the manufacturer of the device, by the testing facility and testing facility employees. Further, information in a submission that are considered trade secrets or confidential business information must be clearly labeled as such. FHWA is dedicated to an open and transparent process and will post as much information as is feasible for each eligibility letter.

**Eligibility letter**. The FHWA letter may list issues that arise during testing that the testing criteria identifies as reportable, even if such issues do not represent test failure.

FHWA retains the right to modify or revoke a letter for a variety of issues relating to the testing, the test report, in-service performance evaluations, system modifications or other information.

Thank you in advance for helping FHWA implement these important process improvements. I am sure you will agree that they will increase the transparency of the FHWA service to the States with regard to determining Federal-aid reimbursement eligibility for safety hardware devices. Further, these improvements will enhance the safety of roadside hardware, and help us reach our vision of zero fatalities.

If you have any questions or comments, please contact Brian Fouch at (202) 366-0744.

Sincerely yours,



/s/ Elizabeth Alicandri

Elizabeth Alicandri
Acting Associate Administrator for Safety



Page last modified on May 18, 2017 U.S. DEPARTMENT OF TRANSPORTATION

**Federal Highway Administration**

1200 NEW JERSEY AVENUE, SE

WASHINGTON, DC 20590

202-366-4000Subscribe to email updates
                    About
  

        
              About FHWA
                Careers
                Org Chart
                Staff Directories
                Work with UsPrograms
  

        
              Acquisition Management
                Civil Rights
                Federal Lands Highway
                Infrastructure
                Innovative Program Delivery
                Operations
                Planning, Environment, and Realty
                Policy
                Research, Development, and Technology
                SafetyPolicies, Rights, Legal
  

        
              About DOT
                Accessibility
                Budget and Performance
                Civil Rights
                FOIA
                Information Quality
                No FEAR Act
                Office of Inspector General
                Privacy Policy
                USA.gov
                Web Policies and Notices
                Web StandardsNews & Events
  

        
              Newsroom
                Press Releases
                Speeches & Testimony
                Media Contacts
                Connect with Us