Manual for Assessing Safety Hardware (MASH) Transition |
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Gregory G. Nadeau
Federal Highway Administration
November 13, 2015
[Federal Register Volume 80, Number 219 (Friday, November 13, 2015)]
[Notices]
[Pages 70288-70289]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-28753]
[[Page 70288]]
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DEPARTMENT OF TRANSPORTATION
Federal Highway Administration
[Docket No. FHWA-2015-0008]
Manual for Assessing Safety Hardware (MASH) Transition
AGENCY: Federal Highway Administration (FHWA), Department of
Transportation (DOT).
ACTION: Notice.
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SUMMARY: In issuing Federal-aid eligibility letters for roadside safety
hardware, FHWA currently makes determinations of continued eligibility
for modifications to devices tested to the National Cooperative Highway
Research Program Report 350 (NCHRP 350). In an effort to facilitate the
implementation of the Manual for Assessing Safety Hardware (MASH), FHWA
intends to discontinue issuing eligibility letters for requests
received after December 31, 2015, for modified NCHRP 350-tested devices
that do not involve full scale crash testing to the MASH. Modifications
to NCHRP 350-tested devices that have, in the past, been based on
engineering analysis or finite element modeling will no longer receive
FHWA eligibility letters. Effective January 1, 2016, all changes to
NCHRP 350-tested devices will require testing under MASH in order to
receive a Federal-aid eligibility letter from FHWA.
FOR FURTHER INFORMATION CONTACT: For questions about the program
discussed herein, contact Mr. Michael Griffith, Director of Office of
Safety Technologies, FHWA Office of Safety, (202) 366-9469 or via email
at mike.griffith@dot.gov. For legal questions, please contact Ms.
Jennifer Mayo, Assistant Chief Counsel, FHWA Office of Chief Counsel
(202) 366-1523, or via email at jennifer.mayo@dot.gov, Federal Highway
Administration, 1200 New Jersey Avenue SE., Washington, DC 20590.
SUPPLEMENTARY INFORMATION:
Electronic Access and Filing
This document, all comments, and the request for comments notice
may be viewed on line through the Federal eRulemaking portal at: http://www.regulations.gov. The docket identification number is FHWA-2015-
0008. The Web site is available 24 hours each day, 365 days each year.
Anyone is able to search the electronic form of all comments in any of
our dockets by the name of the individual submitting the comment (or
signing the comment, if submitted on behalf of an association,
business, or labor union). You may review DOT's complete Privacy Act
Statement in the Federal Register published on April 11, 2000 (Volume
65, Number 70, Pages 19477-78), or you may visit http://DocketsInfo.dot.gov.
Request for Comments
On May 19, 2015, at 80 FR 28761, FHWA published a Request for
Comments soliciting public input on the impact of FHWA no longer
issuing Federal-aid eligibility letters after December 31, 2015, for
modified NCHRP 350-tested devices that do not involve full scale crash
testing to MASH criteria. The FHWA solicited input because
modifications to NCHRP 350-tested devices have, in the past, received
FHWA Federal-aid eligibility letters based on engineering analysis or
finite element modeling.
Summary of Responses
The FHWA received a total of 16 responses to the docket. Of these
responses, 11 were from private industry, 2 from State departments of
transportation, 2 from private organizations, and 1 anonymous comment.
Only three of the commenters addressed FHWA's proposal to discontinue
issuing Federal-aid eligibility letters for modified NCHRP 350-tested
safety devices that are not tested under the MASH criteria.
The Georgia Department of Transportation, the Illinois Department
of Transportation, and the Advocates for Highway and Auto Safety,
support FHWA efforts to move towards MASH testing. These three
commenters also urged FHWA to move to MASH promptly and set sunset
dates for the installation of hardware previously crash tested to NCHRP
Report 350. Although FHWA recognizes the commenters' interest in this
subject, this is an issue outside the scope of this notice and request
for comment. The FHWA is currently working with the American
Association of State Highway and Transportation Officials (AASHTO) to
set as an aggressive schedule as possible to develop an update to the
MASH 2009 Implementation Plan.
The other 13 commenters were from private industry, private
organizations, or anonymous. Although none of these respondents
commented on the proposed December 31, 2015, deadline to discontinue
issuing Federal-aid eligibility letters for modified NCHRP 350-tested
safety devices that are not tested under the MASH criteria, these
commenters generally objected to the use of MASH to test roadside
safety hardware. A summary of the comments in opposition to MASH
testing, and FHWA's response to them, follows.
Some commenters expressed their opinion that testing to the MASH
criteria is unwarranted and that there are no in-service performance
evaluations that show NCHRP Report 350-tested devices are causing
serious or fatal injuries. Crash testing has shown that some products
tested under NCHRP Report 350 criteria will fail the MASH criteria
because passenger vehicles on our roads in general have become larger
and heavier than those used for testing in the 1990's. The MASH
reflects the change in the vehicle fleet on our Nation's highways and
adds the pickup truck as a test vehicle for more devices. The FHWA
believes these improvements are justified to improve safety for the
traveling public.
Some commenters expressed concern about the high cost of re-testing
Category II devices and maintained that MASH-tested products will be
more expensive due to testing costs and material costs. Some suggested
NCHRP 350 Category II devices should be moved to Category I to be
``self-certified,'' while others proposed that manufacturers be allowed
to make minor changes to 350 devices. It must be noted that it is the
States' decision whether or not to continue approving NCHRP Report 350
devices that are currently being installed. Approval, installation, and
maintenance of safety devices on Federal-aid projects is a State
responsibility. The NCHRP 350-tested devices remain eligible for
Federal-aid funding. The FHWA will not withdraw an existing Federal-aid
eligibility letter for a product that currently meets NCHRP Report 350
criteria. The proposed deadline does not prevent a manufacturer from
modifying a device, does not impose any requirements for the
installation of MASH-tested devices, nor does it prevent a State DOT
from installing a device previously tested to the NCHRP 350 criteria.
The proposed deadline only applies to those seeking a Federal-aid
eligibility letter for a modified device previously tested to NCHRP 350
criteria. It will be the States' responsibility to determine if all
future proposed modifications made to existing 350 devices comply with
NCHRP Report 350 criteria.
Other commenters expressed their concern about a lack of MASH
tested products and recommended that sunset dates be realistic to
provide adequate time to develop products and receive approval. They
also stated that sole-sourcing for MASH devices should be allowed if no
alternatives are available. Another commenter said that FHWA's delay in
issuing Federal-aid eligibility
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letters could be a problem and recommended that FHWA streamline the
process to bring new MASH products to market. There was also concern
about States' delay in adding devices to Qualified Products List.
Although FHWA recognizes the commenters' interest in these subjects,
these are issues outside the scope of this notice and request for
comment. The FHWA is currently working with AASHTO to develop an update
to the MASH 2009 Implementation Plan. The FHWA will continue to work on
streamlining the process to seek Federal-aid eligibility for MASH
tested devices. Finally, the General Material Requirements in 23 CFR
635.411 permits a State to specify sole-source products if it certifies
that no equally suitable alternate exists.
Another commenter suggested that FHWA eliminate ``approvals'' based
on engineering analysis or finite element analysis. Although FHWA
recognizes the commenters' interest in this subject, this is an issue
outside the scope of this notice and request for comment. However, FHWA
would like to clarify that the agency does not have the authority to
``approve'' safety hardware. Approval, installation and maintenance of
safety devices on Federal-aid projects is a State responsibility.
One commenter stated that FHWA should prohibit conflict of interest
between labs and manufacturers. Although FHWA recognizes the
commenters' interest in this subject, this is an issue outside the
scope of this notice and request for comment. The FHWA only issues
Federal-aid eligibility letters for roadside hardware devices that have
been crash tested at accredited laboratory facilities, pursuant to [23
CFR 637.209(a)(5)].
There was one comment regarding the availability of the MASH to the
public. The MASH is neither a Federal regulation nor guidance. The MASH
was developed through the National Academy of Science's National
Cooperative Highway Research Program and can be purchased from the
AASHTO Web site (http://www.transportation.org/).
Lastly, a commenter said that FHWA is avoiding its responsibility
for ``approving'' safety hardware. The FHWA issues Federal-aid
eligibility letters for devices that meet the applicable crash test
criteria. While these letters are the most common way for roadside
safety hardware to qualify for Federal-aid reimbursement, FHWA
eligibility letters are not a requirement for these devices to be
eligible for reimbursement on Federal-aid highway projects. The FHWA is
charged with implementing the Federal-aid highway program in
cooperation with the States and local government. Therefore, FHWA
relies on its relationships with State DOTs to ensure roadside hardware
satisfies crash test criteria. The FHWA has established strong
guidelines and policies in order to encourage all State DOTs to use
roadside safety hardware that has successfully met the applicable crash
test criteria.
In an effort to facilitate the implementation of the MASH, FHWA
intends to discontinue issuing eligibility letters for requests
received after December 31, 2015, for modified NCHRP 350-tested devices
that do not involve full scale crash testing to the MASH. Modifications
to NCHRP 350-tested devices that have, in the past, been based on
engineering analysis or finite element modeling will no longer receive
FHWA eligibility letters. Effective January 1, 2016, all changes to
NCHRP 350-tested devices will require testing under MASH in order to
receive a Federal-aid eligibility letter from FHWA.
Authority: 23 U.S.C. 148 and 315.
Dated: October 28, 2015.
Gregory G. Nadeau,
Administrator, Federal Highway Administration.
[FR Doc. 2015-28753 Filed 11-12-15; 8:45 am]
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