[Federal Register Volume 72, Number 24 (Tuesday, February 6, 2007)]
[Notices]
[Pages 5488-5489]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-1844]


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DEPARTMENT OF TRANSPORTATION

Federal Highway Administration


Highway Safety Improvement Program ``Five Percent Reports'' 
Posted on DOT/FHWA Web Site

AGENCY: Federal Highway Administration (FHWA).

ACTION: Notice.

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SUMMARY: In accordance with 23 U.S.C. 148, as amended by section 1401 
of the Safe, Accountable, Flexible, Efficient Transportation Equity 
Act: A Legacy for Users (SAFETEA-LU), States are required to submit 
reports describing at least 5 percent of their public road locations 
exhibiting the most severe safety needs. In addition, these reports 
shall be made available to the public through the Department of 
Transportation's Web site. The FHWA is issuing this notice to advise 
the public that the reports submitted by the States are now available 
on the FHWA Web site, http://safety.fhwa.dot.gov/fivepercent/index.htm.

DATES: These reports were posted on the Web site on December 15, 2006.

ADDRESSES: The reports are posted on the FHWA Web site at: http://safety.fhwa.dot.gov/fivepercent/index.htm.

FOR FURTHER INFORMATION CONTACT: George E. Rice, Jr., Office of Safety 
Design, (202) 366-9064, Kenneth Epstein, Office of Safety Programs, 
(202) 366-2157, or Raymond Cuprill, Office of the Chief Counsel, (202) 
366-0971, Federal Highway Administration, 400 Seventh Street, SW., 
Washington, DC 20590. Office hours are from 7:45 a.m. to 4:15 p.m., 
Monday through Friday, except Federal holidays.

SUPPLEMENTARY INFORMATION: The Safe, Accountable, Flexible, Efficient 
Transportation Equity Act: A Legacy for Users (SAFETEA-LU) (Pub. L. 
109-59; Aug. 10, 2005) amended section 148 of title 23, United States 
Code, to establish a new ``core'' Highway Safety Improvement Program 
(HSIP) that provides funds to State Departments of Transportation to 
improve conditions at hazardous highway locations and hazardous 
railway-highway grade crossings on all public roads.
    Section 148, as amended, requires the States to submit reports 
describing at least 5 percent of a State's highway locations exhibiting 
the most severe safety needs, including an estimate of the potential 
remedies, their costs, and impediments to their implementation other 
than cost for each of the locations listed [23 U.S.C. 148(c)(1)(D)]. 
These reports are intended to help raise public awareness of the 
highway safety needs and challenges in the States. Section 148 also 
requires that these ``5 Percent Reports'' be posted on the Department 
of Transportation's Web site [23 U.S.C. 148(g)(3)(A)].
    Please note that the reports provided by the States represent a 
variety of methods utilized and various degrees of road coverage. 
Therefore, the reports should not be compared to one another.
    The reports that have been posted on the Web site are protected 
from discovery and admission into evidence. In accordance with 23 
U.S.C. 148(g)(4), information collected or compiled for any purpose 
directly relating to these

[[Page 5489]]

reports shall not be subject to discovery or admitted into evidence in 
a Federal or State court proceeding or considered for other purposes in 
any action for damages arising from any occurrence at a location 
identified or addressed in the reports.
    The FHWA provided guidance for the States to use in the preparation 
of these reports. Additional information about the program, including 
the guidance provided by the FHWA to the States, may be found at: 
http://safety.fhwa.dot.gov/safetealu/fiveguidance.htm.

    Authority: 23 U.S.C. 148(c)(1)(D), 23 U.S.C. 148(g)(3)(A), and 
Section 1401 of Pub Law 109-59.

    Issued on: January 26, 2007.
J. Richard Capka,
Federal Highway Administrator.
 [FR Doc. E7-1844 Filed 2-5-07; 8:45 am]
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