Highway Safety 

Improvement Program

Docket #: FHWA-2023-0045

Summary of 

Notice of Proposed Rulemaking

FHWA-SA-24-019
Disclaimer

Except for any statutes or 

regulations cited, the contents of 

this presentation do not have the 

force and effect of law and are 

not meant to bind the States or 

the public in any way. This 

presentation is intended only to 

provide information regarding 

existing requirements under the 

law or agency policies.
Housekeeping

https://highways.dot.gov/safety/hsip/hsip-rulemaking
Background

Source: Bipartisan Infrastructure Law - Highway Safety Improvement Program (HSIP) Fact Sheet | Federal Highway Administration (dot.gov)

Core Federal-aid Highway Program

• Purpose: To achieve a significant reduction in fatalities and serious 

injuries on all public roads, including non-state owned roads and roads 

on tribal land. 

• Apportionment: 

Last rulemaking update took effect April 14, 2016
Why is FHWA Proposing this Change?

Address provisions in Bipartisan Infrastructure Law

Reflect current priorities and state-of-practice

Clarify existing program requirements

Strengthen and advance the safety and equity priorities of the 

DOT National Roadway Safety Strategy

Assist States with making safety gains designed to eliminate 

fatalities and serious injuries on the Nation’s roads
Summary of 

Proposed Major 

Provisions
Major Provisions

Incorporates the Safe System Approach 

Improves Evaluation Practices

Streamlines Reporting Efforts

Ensures States Collect MIRE Fundamental Data Elements 
Incorporates Safe System Approach 

• Revise the policy to focus on advancing a Safe 

System Approach in support of the long-term 

goal to eliminate fatalities and serious injuries.

• Clarify throughout the regulation that the HSIP 

applies to all public roads and for all road users.

• Emphasize how a State’s Strategic Highway 

Safety Plan can support a Safe System 

Approach.

• Expand definition of safety stakeholders to 

include representatives from public health and 

underserved communities.

• Clarify that a State’s SHSP must include a 

vulnerable road user safety assessment

• Require each State to conduct a systemwide 

safety risk assessment as part of its HSIP data 

analysis process.
Systemwide Safety Risk 

Assessment

A framework to assign risk ratings to 

all public roads considering primarily 

roadway characteristics, and other 

safety data and analysis results, as 

appropriate. The risk ratings shall 

classify all sections of the roadway 

network in no fewer than three 

categories according to their level of 

safety. 

Proposed Definition
Improves Evaluation Practices 

Requires each State to establish 

a process to evaluate the 

effectiveness of data 

improvement activities for 

MIRE fundamental data 

elements 

Clarifies that HSIP evaluation 

shall include individual project 

evaluations, countermeasure 

evaluations, and program 

evaluations. 
Streamlines Reporting Efforts

Updates the required content of 

the annual HSIP report 

• Minimize duplication 

• Focus on progress implementing 

highway safety improvement 

projects and the effectiveness of 

those projects. 
Ensures States Collect MIRE FDE 

Require each State to submit MIRE fundamental data elements as part 

of their regular Highway Performance Monitoring System submittal 

beginning in 2026. 
What’s new in the 

proposed 

regulatory text? 
Regulation Structure

§ 924.1 Purpose 

§ 924.3 Definitions 

§ 924.5 Policy 

§ 924.7 Program Structure 

§ 924.9 Planning 

§ 924.11 Implementation 

§ 924.13 Evaluation 

§ 924.15 Reporting 

§ 924.17 MIRE Fundamental Data Elements

No proposed 

changes
§ 924.1 Purpose 

The purpose of this regulation is to prescribe 

requirements for the planning, implementation, 

evaluation, and reporting of a Highway Safety 

Improvement Program (HSIP) in each State.
§ 924.3 Definitions 

Revised 5 definitions (for 

clarity/consistency)

• Highway Safety Improvement 

Program

• Highway safety improvement 

project

• Railway-highway crossing 

protective device

• Safety data

• Safety stakeholder

Added 7 definitions (for terms 

uses in revised regulation)

• Non-motorized user

• Road user

• Safe System Approach

• Specified safety project

• Systemwide Safety Risk 

Assessment

• Underserved communities

• Vulnerable road user safety 

assessment 
§ 924.5 Policy – Paragraph (a)

Revised to state that “Each State shall plan, implement, 

evaluate, as well as report...”

Require States to advance a Safe System Approach as part 

of the State’s HSIP

Emphasize that the objective of the State’s HSIP supports 

the long-term goal to eliminate fatalities and serious injuries

Clarify that the HSIP applies to all road users in addition to 

all public roads
§ 924.5 Policy – Paragraph (b-d)

Clarify that HSIP funds shall be used to maximize 

opportunities to advance highway safety improvement 

projects that have the greatest potential to reduce the State's 

roadway fatalities and serious injuries.

Minor technical edits to paragraphs (c) & (d)
§ 924.7 Program Structure 

Redesignate existing paragraph (b) to (c)

Add new paragraph (b) 

• Clarify the relationship between the safety performance targets and 

performance-based goals in the SHSP

• The safety performance targets must align with and support the SHSP 

performance-based goals

• Currently required in 23 CFR 490.209(a)

Revise redesignated paragraph (c) to clarify that:

• A State’s HSIP must apply to all road users

• The State shall not only have HSIP processes, but those processes 

shall be documented and approved by the FHWA Division 

Administrator.
§ 924.9(a)(1)-(2) Planning - Data

Add “and for all road users” to the end of paragraphs (a)(1) and (b)(1)

Add a new subparagraph structure to paragraph (a)(1) 

• New subparagraph (i) - Requires safety data to be able to differentiate 

between vulnerable road users and other road users (A) and also 

disaggregate safety data by demographic variables (B).

• New subparagraph (ii) would require States to collect any additional 

roadway data beyond the MIRE fundamental data elements, if necessary to 

support the proposed systemwide safety risk assessment. 

• Language in new subparagraph (iii) is unchanged from existing rule.

No changes to subparagraph (a)(2) 
§ 924.9(a)(3) Planning - SHSP

Minor technical edits to change “safety problem” to “safety need”

Clarify that an SHSP update must be completed no later than 5 years from the effective 

date of the previous approved version

Require the SHSP update to include a signature and effective date

Clarify that the performance-based goals must be adopted for the duration of the SHSP

Change paragraphs (a)(3)(vi) through (a)(3)(xi) to advance the Safe System Approach 

and ensure equity is addressed in SHSP updates

Other minor technical edits 

• Separate tribal governments from local governments in redesignated (a)(3)(xii)

• Clarify SHSP shall provides strategic direction for not only plans, but also 

programs such as the HSIP

• Add a Traffic Records Strategic Plan (TRSP) to the list of plans and programs for 

which the SHSP update provides strategic direction
§ 924.9(a)(3) Planning – SHSP & SSA

Minor technical edits to change “safety problem” to “safety need”

Clarify that an SHSP update must be completed no later than 5 years from the effective 

date of the previous approved version

Require the SHSP update to include a signature and effective date

Clarify that the performance-based goals must be adopted for the duration of the SHSP

Change paragraphs (a)(3)(vi) through (a)(3)(xi) to advance the Safe System Approach 

and ensure equity is addressed in SHSP updates

Other minor technical edits 

• Separate tribal governments from local governments in redesignated (a)(3)(xii)

• Clarify SHSP shall provides strategic direction for not only plans, but also 

programs such as the HSIP

• add a Traffic Records Strategic Plan (TRSP) to the list of plans and programs for 

which the SHSP update provides strategic direction

Proposed changes to advance Safe System Approach in SHSP:

• Emphasize that the analysis and use of safety data also addresses safety needs and 

opportunities in underserved communities to ensure the safety needs of all road users are 

met

• Require that SHSP emphasis areas and strategies are consistent with the Safe System 

Approach 

• Add equity to the list of elements to address as a key feature in the identification of SHSP 

strategies 

• Add a new requirement for States to describe in the SHSP update how the SHSP supports 

a Safe System Approach.

• Add new requirement for States to include the vulnerable road user safety assessment as 

part of the State SHSP

• Modify existing requirement to also consider input from public involvement in the 

development of transportation safety plans
§ 924.9(a)(4) Planning – Data Analysis

Require States to develop a process to conduct a systemwide safety 

risk assessment 

• Allow States to establish a base level of safety performance for all roads 

• Develop safety infrastructure key performance indicators 

• Prioritize investments to improve safety through not only the State HSIP but 

all Federal-aid programs and projects

Emphasize that the program of highway safety improvement projects would 

need to have the greatest potential to reduce fatalities and serious injuries on all 

public roads and for all road users, consistent with the Safe System Approach

Require the program of highway safety improvement projects to advance the 

Safe System Approach and address fatalities and serious injuries in underserved 

communities to advance equity.

No other changes proposed to the remainder of (a)(4) and (a)(5) 
§ 924.9(a)(6) Planning – Prioritization

Revise (i) to require States to consider which projects maximize the 

potential reduction of fatalities and serious injuries as part of their 

process for establishing priorities for implementing highway safety 

improvement projects

Remove (iii), which currently requires States to consider SHSP 

priorities in their process for establishing priorities for implementing 

highway safety improvement projects 

Paragraphs (b) and (c) would remain unchanged. 
§ 924.11 Implementation 

Paragraph (b) – MIRE FDE 

• Remove the requirement that States shall incorporate specific quantifiable 

and measurable anticipated improvements for the collection of MIRE 

fundamental data elements into their Traffic Records Strategic Plan by July 

1, 2017

• Require each State to submit the MIRE fundamental data elements as part 

of their regular Highway Performance Monitoring System submissions, 

beginning after September 30, 2026, and continuing thereafter

Paragraph (c) – SHSP Action Plans 

• Relocate and revise the requirement from existing § 924.9(a)(3)(xi) 

Add new paragraph (g) - Encourage States to use the various 

options available to them to streamline delivery of highway safety 

improvement projects. 
§ 924.13 Evaluation 

Require a State’s HSIP evaluation process to include a process to evaluate the 

effectiveness of data improvement activities for MIRE fundamental data 

elements. 

• States would be required to establish and track quantifiable measures related 

to data quality attributes of accuracy, completeness, timeliness, uniformity, 

accessibility, and integration.

Clarify that a State must have processes for evaluating individual highway 

safety improvement projects and countermeasures, as well as a process for 

evaluating the program of highway safety improvement projects. 

Clarify that a State should be confirming the effectiveness of SHSP strategies as 

part of its process for updating the SHSP. 
§ 924.15 Reporting 

Change the reporting mechanism to a more general electronic template provided by 

FHWA

Change the focus of the report to describe progress being made to implement the HSIP 

and the effectiveness of previously completed highway safety improvement projects.

• Remove paragraphs (a)(1)(i), (a)(1)(ii), (a)(1)(iii)(B) and (a)(1)(iii)(C).

Add requirement for State to discuss the progress made implementing the priorities and 

actions identified in the State’s HSIP implementation plan. 

Revise existing requirement for States to report the results of individual projects, 

countermeasures, and program evaluations. 

Add new requirement for States to report on results from the new provision in 

§ 924.13(a)(1). 

• Specifically, each State would be required to report quantifiable progress in the 

quality attributes of accuracy, completeness, timeliness, uniformity, accessibility, 

and integration of MIRE fundamental data elements. 
§ 924.17 MIRE FDE 

Clarify the exception in 23 U.S.C. 148(k) 

• State may elect not to collect fundamental data elements for the model 

inventory of roadway elements on public roads that are gravel roads or 

otherwise unpaved.

Simplify the presentation of tables 1, 2, and 3 

Update citation to reference MIRE Version 2.0, or the most current version 

when the Final Rule is published. 
Costs to Implement 

NPRM 

Requirements
HSIP NPRM Costs & Benefits

The FHWA anticipates that the 

proposed rule will not be a 

significant regulatory action

Economic analysis included in 

docket

• Includes a supporting statement and 

spreadsheet

The break-even analysis concludes that a single life saved annually 

justifies the rule

FHWA requests data and comments 

that could inform the economic 

analysis for this rule, including any 

estimates of resulting benefits.

Costs estimated for: 

• Document and approve HSIP 

processes

• Complete Vulnerable Road User 

Safety Assessment

• Conduct systemwide safety risk 

assessment

• Submit MIRE FDE to HPMS

• Evaluate effectiveness of MIRE 

FDE data improvement activities 

• Prepare HSIP report
Wrap-up
Recap of HSIP NPRM

• Incorporates the Safe System 

Approach 

• Improves evaluation practices

• Streamlines reporting efforts

• Ensures States collect MIRE 

Fundamental Data Elements 
Submit Comments to:

www.regulations.gov

Docket #: FHWA-2023-0045

Comments due on or before April 22, 2024