FAQs on Safety PM Consequence

The contents of the Q&As (as distinct from existing statutes and regulations cited in the Q&As) do not have the force and effect of law and are not meant to bind the public in any way.  The Q&As are intended only to provide information to the public regarding existing requirements under the law or agency policies.  Compliance with the statutes and regulations cited in the Q&As is required.

Q: What are the HSIP Implementation Plan requirements for States that did not meet or make significant progress toward meeting their safety performance targets for two or more years?

A: Per 23 U.S.C. 148(i)(2) and the HSIP Implementation Plan guidance dated October 13, 2017, States must submit an implementation plan annually until the State has met or made significant progress toward meeting their safety performance targets.  Therefore, a State subject to the requirement must submit a new HSIP Implementation Plan for each year the State does not meet or make significant progress.  However, FHWA recognizes that a State’s program may not change significantly from year to year.  At a minimum, States subject to the requirement should update their data analysis, such as the review of fatal and serious injury trends, and provide the detailed list of projects that will be obligated during the subject fiscal year.  In addition, States subject to the requirement should address any other program changes that have been made since the previous year’s plan.

Q: How will FHWA calculate the apportionment referenced in 23 U.S.C. 148(i)?

A: The amount of obligation limitation set aside under section 148(i) will be equal to the Highway Safety Improvement Program (HSIP) apportionment for a State as it appeared in Table 1 of the apportionment notice for the fiscal year prior to the year in which the target was not met or significant progress was not made. This amount is the total under section 104(b)(3) (before the post-apportionment State Planning and Research set-aside) minus the pre-apportionment takedowns for railway-highway crossings (23 U.S.C. 130(e)(1)(A)) and specified safety programs (MAP-21 § 1519(a), as amended).

Q: Is the set aside under 23 U.S.C. 148(i) tied to HSIP funds?

A: Yes. If a State is subject to the section 148(i) requirement, it would obligate under HSIP the specified amount only for highway safety improvement projects as described in subsection (i) until the Secretary determines the State has met or made significant progress toward meeting its safety performance targets.

Q: What happens if a State's amount of HSIP funds in a given fiscal year is less than the amount of obligation limitation set aside under 23 U.S.C. 148(i)?

A: Should this unlikely scenario occur, a State could use its regular transfer authority to transfer funds to HSIP in order to use the obligation limitation set aside under section 148(i).